10 U.S.C. § 9496 — Miscellaneous personnel authorities

Page 3545 TITLE 10—ARMED FORCES § 9496 rent, utilities, other operational expenses of the national headquarters; and (B) to the extent considered necessary by the Secretary of the Air Force to fulfill Air Force requirements, funds for the payment of compensation and benefits for key staff at regional, State, or territorial headquarters; (9) authorize the payment of expenses of placing into serviceable condition, improving, and maintaining equipment (including air- craft, motor vehicles, computers, and commu- nications equipment) owned or leased by the Civil Air Patrol; (10) provide funds for the lease or purchase of items of equipment that the Secretary de- termines necessary for the Civil Air Patrol; (11) support the Civil Air Patrol cadet pro- gram by furnishing— (A) articles of the Air Force uniform to ca- dets without cost; and (B) any other support that the Secretary of the Air Force determines is consistent with Air Force missions and objectives; and (12) provide support, including appropriated funds, for the Civil Air Patrol aerospace edu- cation program to the extent that the Sec- retary of the Air Force determines appropriate for furthering the fulfillment of Air Force mis- sions and objectives. (c) ASSISTANCE BY OTHER AGENCIES.—(1) The Secretary of the Air Force may arrange for the use by the Civil Air Patrol of such facilities and services under the jurisdiction of the Secretary of the Army, the Secretary of the Navy, or the head of any other department or agency of the United States as the Secretary of the Air Force considers to be needed by the Civil Air Patrol to carry out its mission. (2) An arrangement for use of facilities or services of a military department or other de- partment or agency under this subsection shall be subject to the agreement of the Secretary of the military department or head of the other de- partment or agency, as the case may be. (3) Each arrangement under this subsection shall be made in accordance with regulations prescribed under section 9498 of this title. (Added Pub. L. 106–398, § 1 [[div. A], title X, § 1090(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–296, § 9444; amended Pub. L. 107–217, § 3(b)(35), Aug. 21, 2002, 116 Stat. 1298; Pub. L. 111–350, § 5(b)(54), Jan. 4, 2011, 124 Stat. 3847; renumbered § 9494 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(a)(1), 809(a), Aug. 13, 2018, 132 Stat. 1832, 1840.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 806(a)(1), renumbered section 9444 of this title as this section. Subsec. (c)(3). Pub. L. 115–232, § 809(a), substituted ‘‘section 9498’’ for ‘‘section 9448’’. 2011—Subsec. (b)(1). Pub. L. 111–350 substituted ‘‘divi- sion C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ for ‘‘title III of the Fed- eral Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)’’ in introductory provisions. 2002—Subsec. (b)(1). Pub. L. 107–217, in introductory provisions, inserted ‘‘subtitle I of title 40 and title III of’’ before ‘‘the Federal Property and Administrative Services Act of 1949’’ and substituted ‘‘(41 U.S.C. 251 et seq.)’’ for ‘‘(40 U.S.C. 471 et seq.)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE Section effective 120 days after Oct. 30, 2000, see sec- tion 1 [[div. A], title X, § 1090(c)] of Pub. L. 106–398, set out as a note under section 9491 of this title. § 9495. Funds appropriated for the Civil Air Pa- trol 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, § 9445; renumbered § 9495, Pub. L. 115–232, div. A, title VIII, § 806(a)(1), Aug. 13, 2018, 132 Stat. 1832.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 9445 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE Section effective 120 days after Oct. 30, 2000, see sec- tion 1 [[div. A], title X, § 1090(c)] of Pub. L. 106–398, set out as a note under section 9491 of this title. § 9496. Miscellaneous personnel authorities (a) USE OF RETIRED AIR FORCE PERSONNEL.—(1) Upon the request of a person retired from serv- ice in the Air Force, the Secretary of the Air Force may enter into a personal services con- tract with that person providing for the person to serve as an administrator or liaison officer for the Civil Air Patrol. The qualifications of a person to provide the services shall be deter- mined and approved in accordance with regula- tions prescribed under section 9498 of this title. (2) To the extent provided in a contract under paragraph (1), a person providing services under the contract may accept services on behalf of the Air Force. (3) A person, while providing services under a contract authorized under paragraph (1), may not be considered to be on active duty or inac- tive-duty training for any purpose. (b) USE OF CIVIL AIR PATROL CHAPLAINS.—The Secretary of the Air Force may use the services of Civil Air Patrol chaplains in support of the Air Force active duty and reserve component forces to the extent and under conditions that the Secretary determines appropriate. Page 3546 TITLE 10—ARMED FORCES § 9497 (Added Pub. L. 106–398, § 1 [[div. A], title X, § 1090(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–297, § 9446; renumbered § 9496 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(a)(1), 809(a), Aug. 13, 2018, 132 Stat. 1832, 1840.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 806(a)(1), renumbered section 9446 of this title as this section. Subsec. (a)(1). Pub. L. 115–232, § 809(a), substituted ‘‘section 9498’’ for ‘‘section 9448’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE Section effective 120 days after Oct. 30, 2000, see sec- tion 1 [[div. A], title X, § 1090(c)] of Pub. L. 106–398, set out as a note under section 9491 of this title. § 9497. Board of Governors (a) GOVERNING BODY.—The Board of Governors of the Civil Air Patrol is the governing body of the Civil Air Patrol. (b) COMPOSITION.—The Board of Governors is composed of 11 members as follows: (1) Four members appointed by the Sec- retary of the Air Force, who may be active or retired officers of the Air Force (including re- serve components of the Air Force), employees of the United States, or private citizens. (2) Four members of the Civil Air Patrol, se- lected in accordance with the constitution and bylaws of the Civil Air Patrol. (3) Three members appointed or selected as provided in subsection (c) from among per- sonnel of any Federal Government agencies, public corporations, nonprofit associations, and other organizations that have an interest and expertise in civil aviation and the Civil Air Patrol mission. (c) APPOINTMENTS FROM INTERESTED ORGANIZA- TIONS.—(1) Subject to paragraph (2), the mem- bers of the Board of Governors referred to in subsection (b)(3) shall be appointed jointly by the Secretary of the Air Force and the National Commander of the Civil Air Patrol. (2) Any vacancy in the position of a member referred to in paragraph (1) that is not filled under that paragraph within 90 days shall be filled by majority vote of the other members of the Board. (d) CHAIRMAN.—The Chairman of the Board of Governors shall be chosen by the members of the Board of Governors from among the mem- bers of the Board referred to in paragraphs (1) and (2) of subsection (b) and shall serve for a term of two years. The position of Chairman shall be held on a rotating basis between mem- bers of the Board appointed by the Secretary of the Air Force under paragraph (1) of subsection (b) and members of the Board selected under paragraph (2) of that subsection. (e) POWERS.—(1) The Board of Governors shall, subject to paragraphs (2) and (3), exercise the powers granted to the Civil Air Patrol under section 40304 of title 36. (2) Any exercise by the Board of the power to amend the constitution or bylaws of the Civil Air Patrol or to adopt a new constitution or by- laws shall be subject to approval by a majority of the members of the Board. (3) Neither the Board of Governors nor any other component of the Civil Air Patrol may modify or terminate any requirement or author- ity set forth in this section. (f) PERSONAL LIABILITY FOR BREACH OF A FIDU- CIARY DUTY.—(1) Subject to paragraph (2), the Board of Governors may take such action as is necessary to limit the personal liability of a member of the Board of Governors to the Civil Air Patrol, or to any of its members, for mone- tary damages for a breach of fiduciary duty while serving as a member of the Board. (2) The Board may not limit the liability of a member of the Board of Governors to the Civil Air Patrol, or to any of its members, for mone- tary damages for any of the following: (A) A breach of the member’s duty of loyalty to the Civil Air Patrol or its members. (B) Any act or omission that is not in good faith or that involves intentional misconduct or a knowing violation of law. (C) Participation in any transaction from which the member directly or indirectly de- rives an improper personal benefit. (3) Nothing in this subsection shall be con- strued as rendering section 207 or 208 of title 18 inapplicable in any respect to a member of the Board of Governors who is a member of the Air Force on active duty, an officer on a retired list of the Air Force, or an employee of the United States. (g) PERSONAL LIABILITY FOR BREACH OF A FIDU- CIARY DUTY.—(1) Except as provided in para- graph (2), no member of the Board of Governors or officer of the Civil Air Patrol shall be person- ally liable for damages for any injury or death or loss or damage of property resulting from a tortious act or omission of an employee or mem- ber of the Civil Air Patrol. (2) Paragraph (1) does not apply to a member of the Board of Governors or officer of the Civil Air Patrol for a tortious act or omission in which the member or officer, as the case may be, was personally involved, whether in breach of a civil duty or in commission of a criminal of- fense. (3) Nothing in this subsection shall be con- strued to restrict the applicability of common law protections and rights that a member of the Board of Governors or officer of the Civil Air Pa- trol may have. (4) The protections provided under this sub- section are in addition to the protections pro- vided under subsection (f). (Added Pub. L. 106–398, § 1 [[div. A], title X, § 1090(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–298, § 9447; renumbered § 9497, Pub. L. 115–232, div. A, title VIII, § 806(a)(1), Aug. 13, 2018, 132 Stat. 1832.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 806(a)(1), renumbered section 9447 of this title as this section.