§9441. Status: support by Air Force; employment

(a) The Civil Air Patrol is a volunteer civilian auxiliary of the Air Force.

(b) To assist the Civil Air Patrol in the fulfillment of its objectives as set forth in section 2 of the Act of July 1, 1946 (36 U.S.C. 202), the Secretary of the Air Force may, under regulations prescribed by him with the approval of the Secretary of Defense-

(1) give, lend, or sell to the Civil Air Patrol without regard to the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.)-

(A) major items of equipment, including aircraft, motor vehicles, and communication equipment; and

(B) necessary related supplies and training aids;

that are excess to the military departments;

(2) permit the use of such services and facilities of the Air Force as he considers to be needed by the Civil Air Patrol to carry out its mission;

(3) furnish such quantities of fuel and lubricants to the Civil Air Patrol as are needed by it to carry out any mission assigned to it by the Air Force, including unit capability testing missions and training missions;

(4) establish, maintain, and supply liaison offices of the Air Force at the National, State, and Territorial headquarters, and at not more than eight regional headquarters, of the Civil Air Patrol;

(5) detail or assign any member of the Air Force or any officer or employee of the Department of the Air Force to any liaison office at the National, State, or Territorial headquarters, and at not more than eight regional headquarters, of the Civil Air Patrol;

(6) detail any member of the Air Force or any officer or employee of the Department of the Air Force to any unit or installation of the Civil Air Patrol to assist in the training program of the Civil Air Patrol;

(7) in time of war, or of national emergency declared after May 27, 1954, by Congress or the President, authorize the payment of travel expenses and allowances, in accordance with subchapter I of chapter 57 of title 5, to members of the Civil Air Patrol while carrying out any mission specifically assigned by the Air Force;

(8) provide funds for the national headquarters of the Civil Air Patrol, including funds for the payment of staff compensation and benefits, administrative expenses, travel, per diem and allowances, rent and utilities, and other operational expenses;

(9) authorize the payment of aircraft maintenance expenses relating to operational missions, unit capability testing missions, and training missions;

(10) authorize the payment of expenses of placing into serviceable condition major items of equipment (including aircraft, motor vehicles, and communications equipment) owned by the Civil Air Patrol;

(11) reimburse the Civil Air Patrol for costs incurred for the purchase of such major items of equipment as the Secretary considers needed by the Civil Air Patrol to carry out its missions; and

(12) furnish articles of the Air Force uniform to Civil Air Patrol cadets without cost to such cadets.

(c) The Secretary may use the services of the Civil Air Patrol in fulfilling the noncombat mission of the Department of the Air Force, and for purposes of determining the civil liability of the Civil Air Patrol (or any member thereof) with respect to any act or omission committed by the Civil Air Patrol (or any member thereof) in fulfilling such mission, the Civil Air Patrol shall be deemed to be an instrumentality of the United States.

(d)(1) The Secretary of the Air Force may authorize the Civil Air Patrol to employ, as administrators and liaison officers, persons retired from service in the Air Force whose qualifications are approved under regulations prescribed by the Secretary and who request such employment.

(2) A person employed pursuant to paragraph (1) may receive the person's retired pay and an additional amount for such employment that is not more than the difference between the person's retired pay and the pay and allowances the person would be entitled to receive if ordered to active duty in the grade in which the person retired from service in the Air Force. The additional amount shall be paid to the Civil Air Patrol by the Secretary from funds appropriated for that purpose.

(3) A person employed pursuant to paragraph (1) may not, while so employed, be considered to be on active duty or inactive-duty training for any purpose.

(Aug. 10, 1956, ch. 1041, 70A Stat. 572 ; Sept. 8, 1980, Pub. L. 96–342, title X, §1007(a), (b)(1), 94 Stat. 1121 , 1122; Dec. 12, 1980, Pub. L 96–513, title V, §514(12), 94 Stat. 2935; Oct. 19, 1984, Pub. L. 98–525, title XV, §1533(a), 98 Stat. 2632 ; Nov. 8, 1985, Pub. L. 99–145, title XIII, §1303(a)(28), title XIV, §1458(a), 99 Stat. 740 , 763; Nov. 14, 1986, Pub. L. 99–661, div. A, title XIII, §1365(a), 100 Stat. 4002 ; Oct. 5, 1994, Pub. L. 103–337, div. A, title X, §1062, 108 Stat. 2847 .)

Historical and Revision Notes

Revised section	Source (U.S. Code)	Source (Statutes at Large)
9441(a) 9441(b) 9441(c)	5:626l (1st sentence). 5:626 l (less 1st sentence). 5:626m.	May 26, 1948, ch. 349, 62 Stat. 274 , 275; Oct. 31, 1951, ch. 654, §2(5), 65 Stat. 706 ; May 27, 1954, ch. 225, 68 Stat. 141 ; July 16, 1954, ch. 531, 68 Stat. 485 .

In subsection (a), the words "established as" are omitted as executed.

In subsection (b), the words "Materials", "other equipment", and "and equip" are omitted as covered by the definition of the word "supplies" in section 101(26) of this title. The words "as he considers to be needed" are substituted for the words "as in the opinion of the Secretary of the Air Force are required". The words "any member of the Air Force or any employee of the Department of the Air Force" are substituted for the words "military and civilian personnel of the Air Force". The words "from available stock" and "the requirements of" are omitted as surplusage.

References in Text

The Federal Property and Administrative Services Act of 1949, as amended, referred to in subsec. (b)(1), is act June 30, 1949, ch. 288, 63 Stat. 377 , as amended. Provisions of the act related to management and disposal of Government property are classified to chapter 10 (§471 et seq.) of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40 and Tables.

Amendments

1994-Subsec. (b)(8) to (12). Pub. L. 103–337, §1062(a), added par. (8) and redesignated former pars. (8) to (11) as (9) to (12), respectively.

Subsec. (d). Pub. L. 103–337, §1062(b), added subsec. (d).

1986-Subsec. (b)(9). Pub. L. 99–661 substituted "major items of equipment (including aircraft, motor vehicles, and communications equipment) owned by the Civil Air Patrol" for "a major item of equipment furnished to the Civil Air Patrol under clause (1)".

1985-Subsec. (b)(8). Pub. L. 99–145, §1303(a)(28), struck out "and" after "missions;".

Subsec. (b)(10). Pub. L. 99–145, §1458(a), substituted "reimburse the Civil Air Patrol for costs incurred for the purchase" for "authorize the purchase with funds appropriated to the Air Force".

1984-Subsec. (b)(9) to (11). Pub. L. 98–525 added cls. (9) to (11).

1980-Subsec. (b). Pub. L. 96–513 substituted "section 2 of the Act of July 1, 1946 (36 U.S.C. 202)" for "section 202 of title 36", and in cl. (7) substituted "subchapter I of chapter 57 of title 5" for "the Travel Expense Act of 1949 (5 U.S.C. 835 et seq.)".

Pub. L. 96–342, §1007(a), in cl. (3) inserted provision respecting unit capability testing missions and training missions, and added cl. (8).

Subsec. (c). Pub. L. 96–342, §1007(b)(1), inserted provisions setting forth status for purposes of civil liability with respect to fulfilling any noncombat mission.

Effective Date of 1986 Amendment

Section 1365(b) of Pub. L. 99–661 provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to funds appropriated for fiscal years after fiscal year 1986."

Effective Date of 1985 Amendment

Section 1458(b) of Pub. L. 99–145 provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1985."

Effective Date of 1984 Amendment

Section 1533(c) of Pub. L. 98–525 provided that: "The amendments made by this section [enacting section 9442 of this title and amending this section] shall take effect on October 1, 1984."

Effective Date of 1980 Amendments

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Section 1007(b)(2) of Pub. L. 96–342 provided that: "The amendment made by paragraph (1) [amending this section] shall be effective with respect to services of the Civil Air Patrol provided to the Department of the Air Force before the date of the enactment of this Act [Sept. 8, 1980] as well as to such services provided on or after such date, but such amendment shall not be construed (A) to revive any cause of action barred by an applicable statute of limitation, or (B) to serve as grounds for the reopening or appeal of any case which became final before the date of the enactment of this Act."

Civil Air Patrol; Drug Interdiction and Eradication Activities; Reports to Congressional Committees

Pub. L. 100–690, title VII, §7606, Nov. 18, 1988, 102 Stat. 4511 , provided that:

"(a) Regulations.-Within 45 days, the Secretary of the Air Force shall issue such regulations as are necessary to ensure that the Civil Air Patrol has an integral role in drug interdiction and eradication activities.

"(b) Reports.-The Secretary of the Air Force shall submit to the Committees on Appropriations and the Committee on Armed Services of the Senate and the House of Representatives [Committee on Armed Services of the House of Representatives now Committee on National Security], quarterly reports which include a detailed description of the activities of the Civil Air Patrol in support of the Federal, State, and local government agencies' drug interdiction and eradication programs. The first report shall be submitted on the last day of the first quarter ending not less than 150 days after the date of the enactment [Nov. 18, 1988]."

Participation in Drug Interdiction Efforts

Pub. L. 99–570, title III, §3059, Oct. 27, 1986, 100 Stat. 3207–79 , provided that:

"(a) Sense of Congress.-It is the sense of Congress that-

"(1) the Civil Air Patrol, the all-volunteer civilian auxiliary of the Air force, can increase its participation in and make significant contributions to the drug interdiction efforts of the Federal Government, and

"(2) the Secretary of the Air Force should fully support that participation.

"(b) Authorization.-In addition to any other amounts appropriated for the Civil Air Patrol for fiscal year 1987, there are authorized to be appropriated for the Civil Air Patrol, out of any unobligated and uncommitted balances of appropriations for the Department of Defense for fiscal year 1986 which are carried forward into fiscal year 1987, $7,000,000 for the acquisition of the major items of equipment needed by the Civil Air Patrol for drug interdiction surveillance and reporting missions.

"(c) Reports.-(1) The Secretary of the Air Force shall submit to the Committees on Appropriations and on Armed Services of the Senate and the House of Representatives [Committee on Armed Services of the House of Representatives now Committee on National Security] quarterly reports which contain the following information:

"(A) A description of the manner in which any funds are used under subsection (b).

"(B) A detailed description of the activities of the Civil Air Patrol in support of the Federal Government's drug interdiction program.

"(2) The first report under paragraph (1) shall be submitted on the last day of the first quarter ending not less than 90 days after the date of the enactment of this Act [Oct. 27, 1986]."

Cross References

Military or veteran status not conferred by this section, see section 8150 of Title 5, Government Organization and Employees.

Section Referred to in Other Sections

This section is referred to in title 5 section 8150.