[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1829 Introduced in House (IH)]







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.

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

SECTION 1. AIR FORCE ROLE IN MANAGEMENT OF CIVIL AIR PATROL AS CIVILIAN 
              AUXILIARY OF THE AIR FORCE.

    (a) In General.--Chapter 909 of title 10, United States Code, is 
amended--
            (1) by redesignating section 9442 as section 9443; and
            (2) by inserting after section 9441 the following new 
        section:
``Sec. 9442. Air Force role in management
    ``(a) Administrative Responsibility.--In its capacity as a 
federally chartered corporation under chapter 403 of title 36 and a 
volunteer civilian auxiliary of the Air Force, the Civil Air Patrol 
shall be administered by the Chief of Staff of the Air Force, under the 
direction of the Secretary of the Air Force. For command, control, and 
administrative purposes, the Civil Air Patrol shall have such 
organizational elements as are approved by the Secretary of the Air 
Force in regulations.
    ``(b) Board of Directors.--(1) The Secretary of the Air Force shall 
appoint a National Board of Directors for the Civil Air Patrol. The 
National Board of Directors shall be composed of the following:
            ``(A) General officers of the Air Force, including the Air 
        Force Reserve and Air National Guard.
            ``(B) Senior civilian employees of the Department of the 
        Air Force.
            ``(C) Members appointed from the volunteer Civil Air Patrol 
        membership.
    ``(2) The chairman of the National Board of Directors shall be the 
member of the Board who is the senior active duty Air Force officer. 
The members of the Board appointed under paragraph (1)(C) may not 
exceed a minority of the Board.
    ``(c) Executive Direction.--(1) The National Board of Directors 
shall appoint for the Civil Air Patrol the following:
            ``(A) A National Commander, to be appointed from the 
        civilian volunteer membership of the Civil Air Patrol.
            ``(B) An Executive Director.
            ``(C) A Safety Officer.
            ``(D) An Inspector General.
    ``(2) The Executive Director, Safety Officer, and Inspector General 
appointed under paragraph (1) shall report directly to the Secretary of 
the Air Force through the National Board of Directors.
    ``(3) The Chief of Staff of the Air Force may assign officers and 
enlisted members of the Air Force on active duty and civilian employees 
of the Department of the Air Force to serve on the staff of the 
national headquarters of the Civil Air Patrol.
    ``(d) Effect of Appointment or Assignment.--(1) The appointment or 
assignment of members of the armed forces or civilian employees under 
subsection (b) or (c) is not precluded by any law or regulation 
prohibiting active duty members of the armed forces or civilian 
employees from participating in the management of non-Federal entities.
    ``(2) An officer or enlisted member of the Air Force appointed to 
or assigned to duty in a Civil Air Patrol management position specified 
in subsection (b) or (c) shall not receive any compensation, other than 
the regular military compensation to which the officer or member is 
otherwise entitled, as a result of the appointment or assignment.
    ``(e) Use of Civil Air Patrol Members and Employees.--(1) The 
Executive Director and National Board of Directors may use such Civil 
Air Patrol employees and volunteer Civil Air Patrol members as the 
Executive Director and National Board of Directors considers necessary 
to administer the Civil Air Patrol and to ensure that it is capable of 
assisting the Department of the Air Force in the performance of its 
noncombat mission.
    ``(2) Except as provided in section 9441(c) of this title, a member 
of the Civil Air Patrol or an employee of the Civil Air Patrol is not a 
Federal employee and is not subject to the provisions of law relating 
to Federal employment, including those relating to hours of work, rates 
of compensation, leave, unemployment compensation, Federal employee 
benefits, ethics, conflicts of interest, and other similar criminal or 
civil statutes and regulations governing the conduct of Federal 
employees. However, nothing in this paragraph shall constrain the 
Secretary of the Air Force from prescribing standards of conduct and 
behavior for Civil Air Patrol members and employees.
    ``(f) Funds Management.--All funds provided to the Civil Air Patrol 
under subsections (b) and (d) of section 9441 of this title, or any 
other provision of law, are subject to the requirements of sections 
6304 and 6305 of title 31 (commonly known as the Federal Grant and 
Cooperative Agreement Act) and the Federal regulations governing the 
provision of appropriated funds to private, nonprofit organizations.
    ``(g) Relation to Federal Charter.--The powers granted to the Civil 
Air Patrol in section 40304 of title 36, including the power to adopt a 
constitution, bylaws, and regulations, are subject to the approval of 
the Secretary of the Air Force under the authority granted to the 
Secretary by this section and are subject to any policies, regulations, 
or instructions issued by the Secretary under that authority.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by striking the item relating to section 9442 
and inserting the following new items:

``9442. Air Force role in management.
``9443. Assistance by other agencies.''.
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