The Criteria For Congress Granting, and an organization Regaining a Congressional (federal) Charter

It is against these 5 criteria that each activity/purpose of CAP must be reviewed, measured, and evaluated

There is no express power in the Constitution that gives Congress the authority to issue federal charters. However, Article I, Section 8 grants Congress the authority "To make all Laws which shall be necessary and proper for carrying into Execution" all the powers that are expressly granted to Congress. Federal charters are granted under this "necessary and proper" clause. Inasmuch as Search and Rescue technologies have expanded away from traditional ELT Discovery and shutoff; Inasmuch as local police departments, sheriff departments, State Highway Patrols with affiliated youth programs such as R.O.T.C. and Law Enforcement Explorer groups, Civil Air Patrol must justify its envolvement and funding for Search and Rescue. EDITOR'S NOTE: SIMILAR STATEMENTS HERE FOR YOUTH ORIENTATION FLIGHTS; DRUG REDUCTION ACTIVITIES; DISASTER RELIEF ACTIVITIES; AND ... , ETC. .

Prior to 1969, Congress granted federal charters on a case-by-case basis. There were no formal, standard criteria that had to be met. Congress still has not adopted any statutory criteria for federal incorporation, but in 1969 subcommittees of both the House and Senate Judiciary Committees jointly agreed to a set of "Standards For the Granting of Federal Charters." This is a list of five minimum standards that any private organization seeking a federal charter must meet. It does not have the force of law, but it is generally accepted as standard policy. Quoting the joint subcommittee report, the five minimum standards are as follows.

Any private organization petitioning Congress for the purpose of obtaining the status of a Federal corporation shall be required to demonstrate to the satisfaction of Congress that it is an organization which is --

1. operating under a charter granted by a State or the District of Columbia and that it has so operated for a sufficient length of time to demonstrate its permanence and that its activities are clearly in the public interest;

2. of such unique character that chartering by the Congress as a Federal corporation is the only appropriate form of incorporation;

3. organized and operated solely for charitable, literary, educational, scientific, patriotic, or civic improvement purposes;

4. organized and operated as a nonpartisan and nonprofit organization; and

5. organized and operated for the primary purpose of conducting activities which are of national scope and responsive to a national need, which need cannot be met except upon the issuance of a Federal charter.

"Those who cannot learn from history are doomed to repeat it." -- George Santayana

Primary Areas under Congressional Charter Review

A CALL FOR TESTIMONIALS OF ABUSE

Catastrophic Failure of the Inspector General Program in Civil Air Patrol

Catastrophic Failure of the Chaplains' Service And Moral Leadership Failure in Civil Air Patrol

Catastrophic Failure of Cadet Protection within Civil Air patrol

Catastrophic Failure to Reduce the Hostile Environment within Civil Air patrol

Catastrophic Maintenance Program Failures to within Civil Air patrol

Catastrophic Failure to move Civil Air patrol out of a White Boy's Club into More a diverse Auxiliary Reflective of American Society

REFERENCE DOCUMENTS

Government Accountability Office Report on Deficiencies in Civil Air Patrol in 1998 (requires ADOBE READER) (you may need to double click)

Civil Air Patrol Requested and Received Materials in 2002 that they were not entitled to (and then lost them). (requires ADOBE READER) (you may need to double click)

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