Title 10, Armed ForcesRelease 119-110

§9497 Board of Governors

Title 10 › Subtitle D — Air Force and Space Force › PART III — TRAINING › CHAPTER 959 — CIVIL AIR PATROL › § 9497

Last updated Sep 22, 2026|Official source

Summary

The Board of Governors is the Civil Air Patrol’s governing body and must have 11 members: four appointed by the Secretary of the Air Force (they may be active or retired Air Force officers, federal employees, or private citizens), four chosen from Civil Air Patrol membership under CAP’s rules, and three chosen from federal agencies or other organizations with civil aviation expertise. The three outside members are appointed together by the Secretary of the Air Force and the Civil Air Patrol’s National Commander; if one of those three seats is not filled within 90 days, the other board members fill it by majority vote. The board picks a Chairman from among the four Secretary-appointed members and the four CAP-selected members. The Chair serves a two-year term and the role rotates between those two groups. The Board exercises the powers given to the Civil Air Patrol under section 40304 of title 36. Any changes to CAP’s constitution or bylaws require a majority of the Board. The Board cannot change or cancel requirements or authorities that appear in the law. The Board may limit a member’s personal money liability for breaking a duty to CAP, but it cannot limit liability for breaches of loyalty, acts not in good faith or intentional misconduct, knowing law violations, or transactions that give the member an improper benefit. Federal conflict-of-interest rules (18 U.S.C. 207 and 208) still apply to members who are Air Force personnel or U.S. employees. Board members and officers generally are not personally liable for harm caused by CAP employees or members unless the board member or officer personally took part in the wrongful act.

Full Legal Text

Title 10, §9497

Armed Forces, Source: USLM XML via OLRC

(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).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Pub. L. 115–232, § 806(a)(1), renumbered section 9447 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment 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 section 1 [[div. A], title X, § 1090(c)] of Pub. L. 106–398, set out as a note under section 9491 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 9497

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110