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10 U.S.C. § 9497 — Board of Governors

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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 Secretary of the Air Force, who may be active or retired officers of the Air Force (including reserve components of the Air Force), employees of the United States, or private citizens. (2) Four members of the Civil Air Patrol, selected 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 personnel 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 Organizations.—** (1) Subject to paragraph (2), the members 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 members 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 members 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) Po

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Source file: Laws/federal/codes/united-states-code/title-10/section-9497-board-of-governors--580237dafd.md
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Source location: Title 10, Chapter 959, § 9497; chapter-959-civil-air-patrol.md

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**(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 Secretary of the Air Force, who may be active or retired officers of the Air Force (including reserve components of the Air Force), employees of the United States, or private citizens. (2) Four members of the Civil Air Patrol, selected 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 personnel 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 Organizations.—** (1) Subject to paragraph (2), the members 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 members 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 members 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40304&num=0&edition=prelim). (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 bylaws 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 authority set forth in this section. **(f) Personal Liability for Breach of a Fiduciary 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 monetary 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 monetary 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 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 Fiduciary 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).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9447 — Cadets; nominees: effect of redistricting of States

If as a result of redistricting a State the domicile of a cadet, or a nominee, nominated by a Representative falls within a congressional district other than that from which he was nominated, he is charged to the district in which his domicile so falls. For this purpose, the number of cadets otherwise authorized for that district is increased to include him. However, the number as so increased is reduced by one if he fails to become a cadet or when he is finally separated from the Academy.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9491 — Status as federally chartered corporation; purposes

**(a) Status.—** (1) The Civil Air Patrol is a nonprofit corporation that is federally chartered under [section 40301 of title 36](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40301&num=0&edition=prelim). (2) Except as provided in [section 9492(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9492/b/2&num=0&edition=prelim), the Civil Air Patrol is not an instrumentality of the Federal Government for any purpose. **(b) Purposes.—** The purposes of the Civil Air Patrol are set forth in [section 40302 of title 36](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40302&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

36 U.S.C. § 40304 — Powers

The corporation may— (1) adopt and amend a constitution, bylaws, and regulations; (2) adopt and alter a corporate seal; (3) establish and maintain offices in the District of Columbia and the States, territories, and possessions of the United States to conduct its affairs; (4) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation; (5) sue and be sued; and (6) do any other act necessary and proper to carry out the purposes of the corporation.

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Federal law — U.S. Code and appendices · legal_authorities

36 U.S.C. § 40303 — Membership and governing body

**(a) Membership.—** Eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation. **(b) Governing Body.—** The Civil Air Patrol has a Board of Governors. The composition and responsibilities of the Board of Governors are set forth in [section 9497 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9497&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9497 — Board of Governors

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 intere

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