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 interest and expertise in civil aviation and the Civil Air Patrol mission. (c) APPOINTMENTS FROM INTERESTED ORGANIZA- TIONS.—(1) Subject to paragraph (2), the mem- bers 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 mem- bers 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 mem- bers 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. (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 by- laws 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 author- ity set forth in this section. (f) PERSONAL LIABILITY FOR BREACH OF A FIDU- CIARY 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 mone- tary 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 mone- tary 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 de- rives an improper personal benefit. (3) Nothing in this subsection shall be con- strued 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 FIDU- CIARY DUTY.—(1) Except as provided in para- graph (2), no member of the Board of Governors or officer of the Civil Air Patrol shall be person- ally 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 mem- ber 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 of- fense. (3) Nothing in this subsection shall be con- strued to restrict the applicability of common law protections and rights that a member of the Board of Governors or officer of the Civil Air Pa- trol may have. (4) The protections provided under this sub- section are in addition to the protections pro- vided under subsection (f). (Added Pub. L. 106–398, § 1 [[div. A], title X, § 1090(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–298, § 9447; renumbered § 9497, Pub. L. 115–232, div. A, title VIII, § 806(a)(1), Aug. 13, 2018, 132 Stat. 1832.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 806(a)(1), renumbered section 9447 of this title as this section. Page 3547 TITLE 10—ARMED FORCES § 9498 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. § 9498. Regulations (a) AUTHORITY.—The Secretary of the Air Force shall prescribe regulations for the admin- istration 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 9492 of this title. (2) Regulations for providing support by the Air Force and for arranging assistance by other agencies under section 9494 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 9496(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 De- fense. (Added Pub. L. 106–398, § 1 [[div. A], title X, § 1090(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–299, § 9448; renumbered § 9498 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 9448 of this title as this section. Subsec. (b)(1). Pub. L. 115–232, § 809(a), substituted ‘‘section 9492’’ for ‘‘section 9442’’. Subsec. (b)(2). Pub. L. 115–232, § 809(a), substituted ‘‘section 9494’’ for ‘‘section 9444’’. Subsec. (b)(3). Pub. L. 115–232, § 809(a), substituted ‘‘section 9496(a)’’ for ‘‘section 9446(a)’’. 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. PART IV—SERVICE, SUPPLY, AND PROCUREMENT Chap. Sec. 961. Civil Reserve Air Fleet .......................... 9511 Chap. Sec. 963. Procurement .......................................... 9531 965. Issue of Serviceable Material to Armed Forces ................................................ 9561 967. Utilities and Services ............................ 9591 969. Sale of Serviceable Material ................. 9621 971. Issue of Serviceable Material other than to Armed Forces ........................ 9651 973. Disposal of Obsolete or Surplus Mate- rial ..................................................... 9681 975. Disposition of Effects of Deceased Per- sons .................................................... 9712 977. Transportation ...................................... 9741 979. Real Property ........................................ 9771 981. Military Claims ..................................... 9801 983. Accountability and Responsibility ........ 9831 Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 806(e)(2), Aug. 13, 2018, 132 Stat. 1834, redesignated items for chapters 931 to 953 as 961 to 983, respectively. 1999—Pub. L. 106–65, div. A, title VII, § 721(c)(8), Oct. 5, 1999, 113 Stat. 695, substituted ‘‘Disposition’’ for ‘‘In- quests; Disposition’’ and ‘‘9712’’ for ‘‘9711’’ in item for chapter 945. 1993—Pub. L. 103–160, div. A, title VIII, § 828(c)(8)(B), Nov. 30, 1993, 107 Stat. 1715, substituted ‘‘Civil Reserve Air Fleet’’ for ‘‘Industrial Mobilization, Research, and Development’’ and ‘‘9511’’ for ‘‘9501’’ in item for chapter 931. CHAPTER 961—CIVIL RESERVE AIR FLEET Sec. 9511. Definitions. [9511a. Renumbered.] 9512. Civil Reserve Air Fleet contracts: payment rate. 9513. Contracts for the inclusion or incorporation of defense features. 9514. Indemnification of Department of Transpor- tation for losses covered by defense-related aviation insurance. 9515. Charter air transportation services: minimum annual purchase amount for carriers par- ticipating in Civil Reserve Air Fleet. 9516. Airlift service. 9517. Level of readiness of Civil Reserve Air Fleet carriers. Editorial Notes PRIOR PROVISIONS Chapter was comprised of subchapter I, sections 9501 to 9507, and subchapter II, sections 9511 to 9513, prior to amendment by Pub. L. 103–160, div. A, title VIII, § 828(a)(8)(A)(ii), Nov. 30, 1993, 107 Stat. 1714, which struck out headings for subchapters I and II. Prior section 9501, act Aug. 10, 1956, ch. 1041, 70A Stat. 573, related to mobilization by the President in time of war, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 822(a)(2), Nov. 30, 1993, 107 Stat. 1705. See section 4882 of this title. Prior section 9502, act Aug. 10, 1956, ch. 1041, 70A Stat. 574, related to maintenance by Secretary of the Air Force of lists of plants equipped to manufacture arms or ammunition and lists of plants convertible into am- munition factories, and provided for a Board on Mobili- zation of Industries Essential for Military Prepared- ness, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 822(a)(2), Nov. 30, 1993, 107 Stat. 1705. See sections 4883 and 4884 of this title. Prior section 9503, act Aug. 10, 1956, ch. 1041, 70A Stat. 574, related to research and development programs of the Air Force, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 827(c), Nov. 30, 1993, 107 Stat. 1713. Prior section 9504, act Aug. 10, 1956, ch. 1041, 70A Stat. 575, related to procurement of ordnance, signal, and