§8013 . Secretary of the Air Force

(a)(1) There is a Secretary of the Air Force, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Secretary is the head of the Department of the Air Force.

(2) A person may not be appointed as Secretary of the Air Force within five years after relief from active duty as a commissioned officer of a regular component of an armed force.

(b) Subject to the authority, direction, and control of the Secretary of Defense and subject to the provisions of chapter 6 of this title, the Secretary of the Air Force is responsible for, and has the authority necessary to conduct, all affairs of the Department of the Air Force, including the following functions:

(1) Recruiting.

(2) Organizing.

(3) Supplying.

(4) Equipping (including research and development).

(5) Training.

(6) Servicing.

(7) Mobilizing.

(8) Demobilizing.

(9) Administering (including the morale and welfare of personnel).

(10) Maintaining.

(11) The construction, outfitting, and repair of military equipment.

(12) The construction, maintenance, and repair of buildings, structures, and utilities and the acquisition of real property and interests in real property necessary to carry out the responsibilities specified in this section.

(c) Subject to the authority, direction, and control of the Secretary of Defense, the Secretary of the Air Force is also responsible to the Secretary of Defense for-

(1) the functioning and efficiency of the Department of the Air Force;

(2) the formulation of policies and programs by the Department of the Air Force that are fully consistent with national security objectives and policies established by the President or the Secretary of Defense;

(3) the effective and timely implementation of policy, program, and budget decisions and instructions of the President or the Secretary of Defense relating to the functions of the Department of the Air Force;

(4) carrying out the functions of the Department of the Air Force so as to fulfill (to the maximum extent practicable) the current and future operational requirements of the unified and specified combatant commands;

(5) effective cooperation and coordination between the Department of the Air Force and the other military departments and agencies of the Department of Defense to provide for more effective, efficient, and economical administration and to eliminate duplication;

(6) the presentation and justification of the positions of the Department of the Air Force on the plans, programs, and policies of the Department of Defense; and

(7) the effective supervision and control of the intelligence activities of the Department of the Air Force.

(d) The Secretary of the Air Force is also responsible for such other activities as may be prescribed by law or by the President or Secretary of Defense.

(e) After first informing the Secretary of Defense, the Secretary of the Air Force may make such recommendations to Congress relating to the Department of Defense as he considers appropriate.

(f) The Secretary of the Air Force may assign such of his functions, powers, and duties as he considers appropriate to the Under Secretary of the Air Force and to the Assistant Secretaries of the Air Force. Officers of the Air Force shall, as directed by the Secretary, report on any matter to the Secretary, the Under Secretary, or any Assistant Secretary.

(g) The Secretary of the Air Force may-

(1) assign, detail, and prescribe the duties of members of the Air Force and civilian personnel of the Department of the Air Force;

(2) change the title of any officer or activity of the Department of the Air Force not prescribed by law; and

(3) prescribe regulations to carry out his functions, powers, and duties under this title.

(Added Pub. L. 99–433, title V, §521(a)(3), Oct. 1, 1986, 100 Stat. 1055 ; amended Pub. L. 99–661, div. A, title V, §534, Nov. 14, 1986, 100 Stat. 3873 .)

Prior Provisions

A prior section 8013, acts Aug. 10, 1956, ch. 1041, 70A Stat. 488 , §8012; Sept. 2, 1958, Pub. L. 85–861, §1(152), 72 Stat. 1513 ; Sept. 7, 1962, Pub. L. 87–651, title II, §211, 76 Stat. 524 ; Aug. 14, 1964, Pub. L. 88–426, title III, §§305(7), 306(j)(7), 78 Stat. 423 , 432; renumbered §8013, Oct. 1, 1986, Pub. L. 99–433, title V, §521(a)(1), 100 Stat. 1055 , related to Secretary of the Air Force, powers and duties, and delegations, prior to repeal by Pub. L. 99–433, §521(a)(3).

Another prior section 8013 was renumbered section 8014 of this title and subsequently repealed.

Amendments

1986-Subsec. (a)(2). Pub. L. 99–661 substituted "five years" for "10 years".

Order of Succession

For order of succession in event of death, permanent disability, or resignation of Secretary of Defense, see Ex. Ord. No. 12787, Dec. 31, 1991, 57 F.R. 517, set out as a note under section 3347 of Title 5, Government Organization and Employees.

For order of succession in event of death, permanent disability, or resignation of Secretary of the Air Force, see Ex. Ord. No. 12909, Apr. 22, 1994, 59 F.R. 21909, set out as a note under section 3347 of Title 5.

Cross References

Armed Forces Policy Council, member of, see section 171 of this title.

Chief of Staff, duties, see section 8033 of this title.

Compensation of Secretary, see section 5313 of Title 5, Government Organization and Employees.

Courts-martial, authority to convene, see sections 822 to 824 of this title.

Establishment of advisory committees and panels for research and development activities, see section 174 of this title.

Section Referred to in Other Sections

This section is referred to in sections 162, 8033 of this title.