
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC9447]

 
                         TITLE 10--ARMED FORCES
 
                          Subtitle D--Air Force
 
                           PART III--TRAINING
 
                      CHAPTER 909--CIVIL AIR PATROL
 
Sec. 9447. 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) 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 
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).

(Added Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1090(a)], Oct. 
30, 2000, 114 Stat. 1654, 1654A-298.)
