Page:United States Statutes at Large Volume 114 Part 3.djvu/341

 PUBLIC LAW 106-398—APPENDIX 114 STAT. 1654A-299 "(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 derives an improper personal benefit. "(3) Nothing in this subsection shall be construed 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 FIDUCLIVRY DUTY. — (1) Except as provided in paragraph (2), no member of the Board of Governors or officer of the Civil Air Patrol shall be personally 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 member 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 offense. "(3) Nothing in this subsection shall be construed to restrict the applicability of common law protections and rights that a member of the Board of Governors or officer of the Civil Air Patrol may have. "(4) The protections provided under this subsection are in addition to the protections provided under subsection (f). '' § 9448. Regulations "(a) AUTHORITY.—The Secretary of the Air Force shall prescribe regulations for the administration of this chapter. "(b) REQUIRED REGULATIONS.—The regulations shall include the following: "(1) Regulations governing the conduct of the activities of the Civil Air Patrol when it is performing its duties as a volunteer civilian auxiliary of the Air Force under section 9442 of this title. "(2) Regulations for providing support by the Air Force and for arranging assistance by other agencies under section 9444 of this title. "(3) Regulations governing the qualifications of retired Air Force personnel to serve as an administrator or liaison officer for the Civil Air Patrol under a personal services contract entered into under section 9446(a) of this title. "(c) APPROVAL BY SECRETARY OF DEFENSE. —The regulations required by subsection (b)(2) shall be subject to the approval of the Secretary of Defense.". (b) CONFORMING AMENDMENTS.— (1) Section 40302 of title 36, United States Code, is amended— (A) by striking "to—" in the matter preceding paragraph (1) and inserting "as follows:"; (B) by inserting "To" after the paragraph designation in each of paragraphs (1), (2), (3), and (4); ? (C) by striking the semicolon at the end of paragraphs (1)(B) and (2) and inserting a period;

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