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10 U.S.C. § 9359 (ARMED FORCES)
§ 9359. Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated funds
(a) Authority.—
In the case of an Academy mixed-funded athletic or recreational extracurricular program, the Secretary of the Air Force may designate funds appropriated to the Department of the Air Force and available for that program to be treated as nonappropriated funds and expended for that program in accordance with laws applicable to the expenditure of nonappropriated funds. Appropriated funds so designated shall be considered to be nonappropriated funds for all purposes and shall remain available until expended.
(b) Covered Programs.—
In this section, the term “Academy mixed-funded athletic or recreational extracurricular program” means an athletic or recreational extracurricular program of the Academy to which each of the following applies:
(1) The program is not considered a morale, welfare, or recreation program.
(2) The program is supported through appropriated funds.
(3) The program is supported by a nonappropriated fund instrumentality.
(4) The program is not a private organization and is not operated by a private organization.
(Added Pub. L. 108–375, div. A, title V, § 544(c)(1), Oct. 28, 2004, 118 Stat. 1907.)
heading: Effective Date
text: Section applicable only with respect to funds appropriated for fiscal years after fiscal year 2004, see section 544(d) of Pub. L. 108–375, set out as a note under section 4359 of this title.
10 U.S.C. § 9360 (ARMED FORCES)
§ 9360. Cadets: charges and fees for attendance; limitation
(a) Prohibition.—
Except as provided in subsection (b), no charge or fee for tuition, room, or board for attendance at the Academy may be imposed unless the charge or fee is specifically authorized by a law enacted after October 5, 1994.
(b) Exception.—
The prohibition specified in subsection (a) does not apply with respect to any item or service provided to cadets for which a charge or fee is imposed as of October 5, 1994. The Secretary of Defense shall notify Congress of any change made by the Academy in the amount of a charge or fee authorized under this subsection.
(Added Pub. L. 108–375, div. A, title V, § 545(c)(1), Oct. 28, 2004, 118 Stat. 1908.)
10 U.S.C. § 9362 (ARMED FORCES)
§ 9362. Support of athletic programs
(a) Corporation for Support Authorized.—
(1) The Secretary of the Air Force may, in accordance with the laws of the State of incorporation, establish a corporation (in this section referred to as the “corporation”) to support the athletic programs of the Academy. All stock of the corporation shall be owned by the United States and held in the name of and voted by the Secretary of the Air Force.
(2) The corporation shall operate exclusively for charitable, educational, and civic purposes to support the athletic programs of the Academy.
(b) Corporate Organization.—
The corporation shall be organized and operated—
(1) as a nonprofit corporation under section 501(c)(3) of the Internal Revenue Code of 1986;
(2) in accordance with this section; and
(3) pursuant to the laws of the State of incorporation, its articles of incorporation, and its bylaws.
(c) Corporate Board of Directors.—
(1) The members of the board of directors of the corporation shall serve without compensation as members of the board, except for reasonable travel and other related expenses for attendance at meetings of the board.
(2) The Secretary of the Air Force may authorize military and civilian personnel of the Air Force under section 1033 of this title to serve, in their official capacities, as members of the board of directors of the corporation, but such personnel shall not hold more than one-third of the directorships.
(d) Transfers From Nonappropriated Fund Operation.—
The Secretary of the Air Force may, subject to the acceptance of the corporation, transfer to the corporation all title to and ownership of the assets and liabilities of the Air Force nonappropriated fund instrumentality whose functions include providing support for the athletic programs of the Academy, including bank accounts and financial reserves in its accounts, equipment, supplies, and other personal property, but excluding any interest in real property.
(e) Acceptance of Gifts.—
The Secretary of the Air Force may accept from the corporation funds, supplies, and services for the support of cadets and Academy personnel during their participation in Academy or corporate events related to the athletic programs of the Academy.
(f) Leases.—
The Secretary of the Air Force may, in accordance with section 2667 of this title, lease real and personal property to the corporation for purposes related to the athletic programs of the Academy. Funds received from any such lease may be retained and spent by the Secretary to support athletic programs of the Academy.
(g) Cooperative Agreements.—
The Secretary of the Air Force may enter into cooperative agreements (as described in section 6305 of title 31) with the corporation for purposes related to the athletic programs of the Academy.
(Added Pub. L. 111–84, div. A, title V, § 528(a), Oct. 28, 2009, 123 Stat. 2289.)
heading: References in Text
text: Section 501(c)(3) of the Internal Revenue Code of 1986, referred to in subsec. (b)(1), is classified to section 501(c)(3) of Title 26, Internal Revenue Code.
10 U.S.C. § 9381 (ARMED FORCES)
§ 9381. Establishment of program
Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force may establish and maintain an Aviation Leadership Program to provide undergraduate pilot training and necessary related training to personnel of the air forces of friendly, less-developed foreign nations. Training under this chapter shall include language training and programs to promote better awareness and understanding of the democratic institutions and social framework of the United States.
(Added Pub. L. 103–160, div. A, title XI, § 1178(b), Nov. 30, 1993, 107 Stat. 1769.)
heading: Prior Provisions
text: A prior section 9381, act Aug. 10, 1956, ch. 1041, 70A Stat. 568, defined “advanced training”, prior to repeal by Pub. L. 88–647, title III, § 301(26), Oct. 13, 1964, 78 Stat. 1073. See section 2101 of this title.
heading: Congressional Findings
text: Pub. L. 103–160, div. A, title XI, § 1178(a), Nov. 30, 1993, 107 Stat. 1768, provided that:
“The Congress finds the following:
“(1) The training in the United States of pilots from the air forces of friendly foreign nations furthers the interests of the United States, promotes closer relations with such nations, and advances the national security.
“(2) Many friendly foreign nations cannot afford to reimburse the United States for the cost of such training.
“(3) It is in the interest of the United States that the Secretary of the Air Force establish a program to train in the United States pilots from the air forces of friendly, less developed foreign nations.”
10 U.S.C. § 9382 (ARMED FORCES)
§ 9382. Supplies and clothing
(a) The Secretary of the Air Force may, under such conditions as the Secretary may prescribe, provide to a person receiving training under this chapter—
(1) transportation incident to the training;
(2) supplies and equipment to be used during the training;
(3) flight clothing and other special clothing required for the training; and
(4) billeting, food, and health services.
(b) The Secretary of the Air Force may authorize such expenditures from the appropriations of the Air Force as the Secretary considers necessary for the efficient and effective maintenance of the Program in accordance with this chapter.
(Added Pub. L. 103–160, div. A, title XI, § 1178(b), Nov. 30, 1993, 107 Stat. 1769.)
heading: Prior Provisions
text: A prior section 9382, acts Aug. 10, 1956, ch. 1041, 70A Stat. 568; Sept. 2, 1958, Pub. L. 85–861, § 33(a)(44), 72 Stat. 1567, related to establishment and composition of Air Force Reserve Officers’ Training Corps, prior to repeal by Pub. L. 88–647, title III, § 301(26), Oct. 13, 1964, 78 Stat. 1073. See section 2102 of this title.
10 U.S.C. § 9383 (ARMED FORCES)
§ 9383. Allowances
The Secretary of the Air Force may pay to a person receiving training under this chapter a living allowance at a rate to be prescribed by the Secretary, taking into account the amount of living allowances authorized for a member of the armed forces under similar circumstances.
(Added Pub. L. 103–160, div. A, title XI, § 1178(b), Nov. 30, 1993, 107 Stat. 1769.)
heading: Prior Provisions
text: Prior sections 9383 to 9387, act Aug. 10, 1956, ch. 1041, 70A Stat. 569, 570, related to Air Force Officers’ Training Corps and admission and training of medical, dental, pharmacy and veterinary students, set out courses of training, authorized operation and maintenance of training camps, provided for supplies and uniforms and for advanced training and compensation therefor, prior to repeal by Pub. L. 88–647, title III, § 301(26), Oct. 13, 1964, 78 Stat. 1073. See chapter 103 of this title.
Prior section 9384 was amended by act Sept. 2, 1958, Pub. L. 85–861, § 1(202), 72 Stat. 1541.
10 U.S.C. § 9411 (ARMED FORCES)
§ 9411. Establishment: purpose
The Secretary of the Air Force may maintain schools and camps for the military instruction and training of persons selected, upon their application, from warrant officers and enlisted members of the Air Force and civilians, to qualify them for appointment as reserve officers, or enlistment as reserve noncommissioned officers, for service in the Air Force Reserve.
(Aug. 10, 1956, ch. 1041, 70A Stat. 571.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
9411
10:442 (words before 1st semicolon of 1st sentence).
June 3, 1916, ch. 134, § 47d (words before 1st semicolon of 1st sentence); added June 4, 1920, ch. 227, subch. I, § 34 (words before 1st semicolon of 1st sentence of last par.), 41 Stat. 779.
The words “upon military reservations or elsewhere” are omitted as surplusage. The words “of the Air Force” are inserted for clarity. The words “or enlistment as” are inserted for clarity.
10 U.S.C. § 9412 (ARMED FORCES)
§ 9412. Operation
In maintaining camps established under section 9411 of this title, the Secretary of the Air Force may—
(1) prescribe the periods during which they will be operated;
(2) prescribe regulations for their administration;
(3) prescribe the courses to be taught;
(4) detail members of the Regular Air Force to designated duties relating to the camps;
(5) use necessary supplies and transportation;
(6) furnish uniforms, subsistence, and medical attendance and supplies to persons attending the camp; and
(7) authorize necessary expenditures from proper Air Force funds for—
(A) water;
(B) fuel;
(C) light;
(D) temporary structures, except barracks and officers’ quarters;
(E) screening;
(F) damages resulting from field exercises;
(G) expenses incident to theoretical winter instruction of trainees; and
(H) other expenses incident to maintaining the camps.
(Aug. 10, 1956, ch. 1041, 70A Stat. 571.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
9412
10:442 (47 words after 1st semicolon, and 72 words before 3d semicolon, of 1st sentence; and last sentence).
June 3, 1916, ch. 134, § 47d (47 words after 1st semicolon, and 72 words before 3d semicolon, of 1st sentence; and last sentence); added June 4, 1920, ch. 227, subch. I, § 34 (47 words after 1st semicolon, and 72 words before 3d semicolon, of 1st sentence; and last sentence of last par.), 41 Stat. 779.
The word “supplies” is substituted for the words “such arms, ammunition, accoutrements, equipments, tentage, field equipage”, since, under the definition of the word “supplies”, in section 101(26) of this title, those words are covered by the word “supplies”. The words “belonging to the United States”, “and imparting military instruction and training thereat”, “during the period of their attendance”, “theoretical and practical instruction”, “persons attending the camps authorized by this section”, and “as he may deem” are omitted as surplusage. The word “detail” is substituted for the word “employ”. The word “members” is substituted for the words “officers, warrant officers, and enlisted men”.
10 U.S.C. § 9413 (ARMED FORCES)
§ 9413. Transportation and subsistence during travel
(a) There may be furnished to a person attending a school or camp established under section 9411 of this title, for travel to and from that school or camp—
(1) transportation and subsistence;
(2) transportation in kind and a subsistence allowance of one cent a mile; or
(3) a travel allowance of five cents a mile.
(b) The travel allowance for the return trip may be paid in advance.
(c) For the purposes of this section, distance is computed by the shortest usually traveled route, within such territorial limits as the Secretary of the Air Force may prescribe, from the authorized starting point to the school or camp and return.
(Aug. 10, 1956, ch. 1041, 70A Stat. 572.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
9413(a), (b), (c)
10:442 (words between 1st and 3d semicolons, less 47 words after 1st semicolon, and less 72 words before 3d semicolon, of 1st sentence).
June 3, 1916, ch. 134, § 47d (words between 1st and 3d semicolons, less 47 words after 1st semicolon, and less 72 words before 3d semicolon, of 1st sentence); added June 4, 1920, ch. 227, § 34 (words between 1st and 3d semicolons, less 47 words after 1st semicolon, and less 72 words before 3d semicolon, of 1st sentence of last par.), 41 Stat. 779; Mar. 9, 1928, ch. 161, 45 Stat. 251.
In subsection (a), the introductory clause is inserted for clarity. The words “at the option of the Secretary of the Army” are omitted as surplusage.
In subsection (b), the words “of the actual performance of the same” are omitted as surplusage.
Subsection (c) is substituted for the words “the most usual and direct route within such limits as to territory as the Secretary of the Army may prescribe * * * for the distance by the shortest usually traveled route from the places from which they are authorized to proceed to the camp, and for the return travel thereto”.
10 U.S.C. § 9414 (ARMED FORCES)
§ 9414. Quartermaster and ordnance property: sales
The Secretary of the Air Force may sell to a person attending a school or camp established under section 9411 of this title quartermaster and ordnance property necessary for his proper equipment. Sales under this section shall be for cash.
(Aug. 10, 1956, ch. 1041, 70A Stat. 572.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
9414
10:442 (words after 3d semicolon of 1st sentence; and 2d sentence).
June 3, 1916, ch. 134, § 47d (words after 3d semicolon of 1st sentence; and 2d sentence); added June 4, 1920, ch. 227, § 34 (words after 3d semicolon of 1st sentence; and 2d sentence of last par.), 41 Stat. 779.
10:442 (2d sentence) is omitted as superseded by section 10 of the Act of June 26, 1934, ch. 756, 48 Stat. 1229 (31 U.S.C. 725i), which limits credits to the replacing account to the actual cost of the items sold. The words “quartermaster and ordnance property necessary for his proper equipment” are substituted for 10:442 (last 26 words of 1st sentence). The words “and at cost price, plus 10 per centum” are omitted to reflect Title IV of the National Security Act of 1947, as amended (63 Stat. 585), which authorized the Secretary of Defense to prescribe regulations governing the use and sale of certain inventories at cost, including applicable administrative expenses. (See opinion of the Assistant General Counsel (Fiscal Matters) of the Office of the Secretary of Defense, January 4, 1955.)
10 U.S.C. § 9415 (ARMED FORCES)
§ 9415. Inter-American Air Forces Academy
(a) Operation.—
The Secretary of the Air Force may operate the Air Force education and training facility known as the Inter-American Air Forces Academy for the purpose of providing military education and training to military personnel of Central and South American countries, Caribbean countries, and other countries eligible for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.).
(b) Costs.—
The fixed costs of operating and maintaining the Inter-American Air Forces Academy may be paid from funds available for operation and maintenance of the Air Force.
(Added Pub. L. 101–510, div. A, title III, § 330(a), Nov. 5, 1990, 104 Stat. 1535.)
heading: References in Text
text: The Foreign Assistance Act of 1961, referred to in subsec. (a), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter 5 of part II of such Act is classified generally to part V of subchapter II (§ 2347 et seq.) of chapter 32 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables.
10 U.S.C. § 9417 (ARMED FORCES)
§ 9417. 1 Air War College: acceptance of grants for faculty research for scientific, literary, and educational purposes
(a) Acceptance of Research Grants.—
The Secretary of the Air Force may authorize the Commandant of the Air War College to accept qualifying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the College for a scientific, literary, or educational purpose.
(b) Qualifying Grants.—
A qualifying research grant under this section is a grant that is awarded on a competitive basis by an entity referred to in subsection (c) for a research project with a scientific, literary, or educational purpose.
(c) Entities From Which Grants May Be Accepted.—
A grant may be accepted under this section only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes.
(d) Administration of Grant Funds.—
The Secretary shall establish an account for administering funds received as research grants under this section. The Commandant shall use the funds in the account in accordance with applicable provisions of the regulations and the terms and condition of the grants received.
(e) Related Expenses.—
Subject to such limitations as may be provided in appropriations Acts, appropriations available for the Air War College may be used to pay expenses incurred by the College in applying for, and otherwise pursuing, the award of qualifying research grants.
(f) Regulations.—
The Secretary shall prescribe regulations for the administration of this section.
(Added Pub. L. 109–163, div. A, title V, § 522(f)(1), Jan. 6, 2006, 119 Stat. 3243.)
10 U.S.C. § 9441 (ARMED FORCES)
§ 9441. Status as federally chartered corporation; purposes
(a) Status.—
(1) The Civil Air Patrol is a nonprofit corporation that is federally chartered under section 40301 of title 36.
(2) Except as provided in section 9442(b)(2) of this title, the Civil Air Patrol is not an instrumentality of the Federal Government for any purpose.
(b) Purposes.—
The purposes of the Civil Air Patrol are set forth in section 40302 of title 36.
(Added Pub. L. 106–398, § 1 [[div. A], title X, § 1090(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–295.)
heading: Prior Provisions
text: A prior section 9441, acts Aug. 10, 1956, ch. 1041, 70A Stat. 572; Pub. L. 96–342, title X, § 1007(a), (b)(1), Sept. 8, 1980, 94 Stat. 1121, 1122; Pub. L 96–513, title V, § 514(12), Dec. 12, 1980, 94 Stat. 2935; Pub. L. 98–525, title XV, § 1533(a), Oct. 19, 1984, 98 Stat. 2632; Pub. L. 99–145, title XIII, § 1303(a)(28), title XIV, § 1458(a), Nov. 8, 1985, 99 Stat. 740, 763; Pub. L. 99–661, div. A, title XIII, § 1365(a), Nov. 14, 1986, 100 Stat. 4002; Pub. L. 103–337, div. A, title X, § 1062, Oct. 5, 1994, 108 Stat. 2847; Pub. L. 105–225, § 4(a)(3), Aug. 12, 1998, 112 Stat. 1499, related to Civil Air Patrol status, support by Air Force, and employment, prior to the general amendment of this chapter by Pub. L. 106–398.
heading: Effective Date
text: Pub. L. 106–398, § 1 [[div. A], title X, § 1090(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–300, provided that: “The amendments made by this section [enacting this section and sections 9442 to 9448 of this title and amending sections 40302 and 40303 of Title 36, Patriotic and National Observances, Ceremonies, and Organizations] shall take effect 120 days after the date of the enactment of this Act [Oct. 30, 2000].”
10 U.S.C. § 9442 (ARMED FORCES)
§ 9442. Status as volunteer civilian auxiliary of the Air Force
(a) Volunteer Civilian Auxiliary.—
The Civil Air Patrol is a volunteer civilian auxiliary of the Air Force when the services of the Civil Air Patrol are used by any department or agency in any branch of the Federal Government.
(b) Use by Air Force.—
(1) The Secretary of the Air Force may use the services of the Civil Air Patrol to fulfill the noncombat programs and missions of the Department of the Air Force.
(2) The Civil Air Patrol shall be deemed to be an instrumentality of the United States with respect to any act or omission of the Civil Air Patrol, including any member of the Civil Air Patrol, in carrying out a mission assigned by the Secretary of the Air Force.
(Added Pub. L. 106–398, § 1 [[div. A], title X, § 1090(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–295.)
heading: Prior Provisions
text: A prior section 9442, added Pub. L. 98–525, title XV, § 1533(b)(1), Oct. 19, 1984, 98 Stat. 2632, related to assistance of Civil Air Patrol by other agencies, prior to the general amendment of this chapter by Pub. L. 106–398.
10 U.S.C. § 9443 (ARMED FORCES)
§ 9443. Activities performed as federally chartered nonprofit corporation
(a) Use of Federally Provided Resources.—
In its status as a federally chartered nonprofit corporation, the Civil Air Patrol may use equipment, supplies, and other resources, including aircraft, motor vehicles, computers, and communications equipment, provided to the Civil Air Patrol by a department or agency of the Federal Government or acquired by or for the Civil Air Patrol with appropriated funds (or with funds of the Civil Air Patrol, but reimbursed from appropriated funds)—
(1) to provide assistance requested by State or local governmental authorities to perform disaster relief missions and activities, other emergency missions and activities, and nonemergency missions and activities; and
(2) to fulfill its other purposes set forth in section 40302 of title 36.
(b) Use Subject to Applicable Laws.—
The use of equipment, supplies, or other resources under subsection (a) is subject to the laws and regulations that govern the use by nonprofit corporations of federally provided assets or of assets purchased with appropriated funds, as the case may be.
(c) Authority Not Contingent on Reimbursement.—
The authority for the Civil Air Patrol to provide assistance under subsection (a)(1) is not contingent on the Civil Air Patrol being reimbursed for the cost of providing the assistance. If the Civil Air Patrol elects to require reimbursement for the provision of assistance under such subsection, the Civil Air Patrol may establish the reimbursement rate at a rate less than the rates charged by private sector sources for equivalent services.
(d) Liability Insurance.—
The Secretary of the Air Force may provide the Civil Air Patrol with funds for paying the cost of liability insurance to cover missions and activities carried out under this section.
(Added Pub. L. 106–398, § 1 [[div. A], title X, § 1090(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–295.)
10 U.S.C. § 9445 (ARMED FORCES)
§ 9445. Funds appropriated for the Civil Air Patrol
Funds appropriated for the Civil Air Patrol shall be available only for the exclusive use of the Civil Air Patrol.
(Added Pub. L. 106–398, § 1 [[div. A], title X, § 1090(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–297.)