I

106TH CONGRESS

1ST SESSION H.R. 1829

To amend title 10, United States Code, to improve the administration of

the volunteer civilian auxiliary of the Air Force known as the Civil

Air Patrol.

IN THE HOUSE OF REPRESENTATIVES

MAY 17, 1999

Mr. GRAHAM introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each

case for consideration of such provisions as fall within the jurisdiction of

the committee concerned

A BILL

To amend title 10, United States Code, to improve the

administration of the volunteer civilian auxiliary of the

Air Force known as the Civil Air Patrol.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AIR FORCE ROLE IN MANAGEMENT OF CIVIL

4 AIR PATROL AS CIVILIAN AUXILIARY OF THE

5 AIR FORCE.

6 (a) IN GENERAL.—Chapter 909 of title 10, United

7 States Code, is amended—
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1 (1) by redesignating section 9442 as section

2 9443; and

3 (2) by inserting after section 9441 the following

4 new section:

5 ‘‘§ 9442. Air Force role in management

6 ‘‘(a) ADMINISTRATIVE RESPONSIBILITY.—In its ca7 pacity as a federally chartered corporation under chapter

8 403 of title 36 and a volunteer civilian auxiliary of the

9 Air Force, the Civil Air Patrol shall be administered by

10 the Chief of Staff of the Air Force, under the direction

11 of the Secretary of the Air Force. For command, control,

12 and administrative purposes, the Civil Air Patrol shall

13 have such organizational elements as are approved by the

14 Secretary of the Air Force in regulations.

15 ‘‘(b) BOARD OF DIRECTORS.—(1) The Secretary of

16 the Air Force shall appoint a National Board of Directors

17 for the Civil Air Patrol. The National Board of Directors

18 shall be composed of the following:

19 ‘‘(A) General officers of the Air Force, includ20 ing the Air Force Reserve and Air National Guard.

21 ‘‘(B) Senior civilian employees of the Depart22 ment of the Air Force.

23 ‘‘(C) Members appointed from the volunteer

24 Civil Air Patrol membership.
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1 ‘‘(2) The chairman of the National Board of Direc2 tors shall be the member of the Board who is the senior

3 active duty Air Force officer. The members of the Board

4 appointed under paragraph (1)(C) may not exceed a mi5 nority of the Board.

6 ‘‘(c) EXECUTIVE DIRECTION.—(1) The National

7 Board of Directors shall appoint for the Civil Air Patrol

8 the following:

9 ‘‘(A) A National Commander, to be appointed

10 from the civilian volunteer membership of the Civil

11 Air Patrol.

12 ‘‘(B) An Executive Director.

13 ‘‘(C) A Safety Officer.

14 ‘‘(D) An Inspector General.

15 ‘‘(2) The Executive Director, Safety Officer, and In16 spector General appointed under paragraph (1) shall re17 port directly to the Secretary of the Air Force through

18 the National Board of Directors.

19 ‘‘(3) The Chief of Staff of the Air Force may assign

20 officers and enlisted members of the Air Force on active

21 duty and civilian employees of the Department of the Air

22 Force to serve on the staff of the national headquarters

23 of the Civil Air Patrol.

24 ‘‘(d) EFFECT OF APPOINTMENT OR ASSIGNMENT.—

25 (1) The appointment or assignment of members of the
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1 armed forces or civilian employees under subsection (b)

2 or (c) is not precluded by any law or regulation prohibiting

3 active duty members of the armed forces or civilian em4 ployees from participating in the management of non-Fed5 eral entities.

6 ‘‘(2) An officer or enlisted member of the Air Force

7 appointed to or assigned to duty in a Civil Air Patrol man8 agement position specified in subsection (b) or (c) shall

9 not receive any compensation, other than the regular mili10 tary compensation to which the officer or member is other11 wise entitled, as a result of the appointment or assign12 ment.

13 ‘‘(e) USE OF CIVIL AIR PATROL MEMBERS AND EM14 PLOYEES.—(1) The Executive Director and National

15 Board of Directors may use such Civil Air Patrol employ16 ees and volunteer Civil Air Patrol members as the Execu17 tive Director and National Board of Directors considers

18 necessary to administer the Civil Air Patrol and to ensure

19 that it is capable of assisting the Department of the Air

20 Force in the performance of its noncombat mission.

21 ‘‘(2) Except as provided in section 9441(c) of this

22 title, a member of the Civil Air Patrol or an employee of

23 the Civil Air Patrol is not a Federal employee and is not

24 subject to the provisions of law relating to Federal employ25 ment, including those relating to hours of work, rates of
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1 compensation, leave, unemployment compensation, Fed2 eral employee benefits, ethics, conflicts of interest, and

3 other similar criminal or civil statutes and regulations gov4 erning the conduct of Federal employees. However, noth5 ing in this paragraph shall constrain the Secretary of the

6 Air Force from prescribing standards of conduct and be7 havior for Civil Air Patrol members and employees.

8 ‘‘(f) FUNDS MANAGEMENT.—All funds provided to

9 the Civil Air Patrol under subsections (b) and (d) of sec10 tion 9441 of this title, or any other provision of law, are

11 subject to the requirements of sections 6304 and 6305 of

12 title 31 (commonly known as the Federal Grant and Coop13 erative Agreement Act) and the Federal regulations gov14 erning the provision of appropriated funds to private, non15 profit organizations.

16 ‘‘(g) RELATION TO FEDERAL CHARTER.—The pow17 ers granted to the Civil Air Patrol in section 40304 of

18 title 36, including the power to adopt a constitution, by19 laws, and regulations, are subject to the approval of the

20 Secretary of the Air Force under the authority granted

21 to the Secretary by this section and are subject to any

22 policies, regulations, or instructions issued by the Sec23 retary under that authority.’’.

24 (b) CLERICAL AMENDMENT.—The table of sections

25 at the beginning of such chapter is amended by striking
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1 the item relating to section 9442 and inserting the fol2 lowing new items:

‘‘9442. Air Force role in management.

‘‘9443. Assistance by other agencies.’’.

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