[USC02] 10 USC Ch. 905: THE AIR STAFF
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10 USC Ch. 905: THE AIR STAFF
From Title 10—ARMED FORCESSubtitle D—Air ForcePART I—ORGANIZATION

CHAPTER 905—THE AIR STAFF

Sec.
9031.
The Air Staff: function; composition.
9032.
The Air Staff: general duties.
9033.
Chief of Staff.
9034.
Vice Chief of Staff.
9035.
Deputy Chiefs of Staff and Assistant Chiefs of Staff.
9036.
Surgeon General: appointment; duties.
9037.
Judge Advocate General, Deputy Judge Advocate General: appointment; duties.
9038.
Office of Air Force Reserve: appointment of Chief.
9039.
Chief of Chaplains: appointment; duties.
9040.
Oversight of nuclear deterrence mission.

        

Prior Provisions

A prior chapter 905, consisting of sections 9381 to 9383, related to the Aviation Leadership Program, prior to repeal by Pub. L. 114–328, div. A, title XII, §1241(i)(2), Dec. 23, 2016, 130 Stat. 2508.

Amendments

2018Pub. L. 115–232, div. A, title VIII, §806(d)(4), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 805 of this title as this chapter and items 8031 to 8040 as 9031 to 9040, respectively.

2016Pub. L. 114–328, div. A, title VII, §702(b)(3)(B), Dec. 23, 2016, 130 Stat. 2196, substituted "Surgeon General: appointment; duties" for "Surgeon General: appointment; grade" in item 8036.

2015Pub. L. 114–92, div. A, title XVI, §1652(a)(2), Nov. 25, 2015, 129 Stat. 1122, added item 8040.

2013Pub. L. 112–239, div. A, title V, §508(b), Jan. 2, 2013, 126 Stat. 1717, added item 8039.

1986Pub. L. 99–433, title V, §522(g)(1), Oct. 1, 1986, 100 Stat. 1063, amended analysis generally, substituting items 8031 to 8038 for former items 8031 to 8036.

1965Pub. L. 89–288, §5(b), Oct. 22, 1965, 79 Stat. 1050, added item 8036.

§9031. The Air Staff: function; composition

(a) There is in the executive part of the Department of the Air Force an Air Staff. The function of the Air Staff is to assist the Secretary of the Air Force in carrying out his responsibilities.

(b) The Air Staff is composed of the following:

(1) The Chief of Staff.

(2) The Vice Chief of Staff.

(3) The Deputy Chiefs of Staff.

(4) The Assistant Chiefs of Staff.

(5) The Surgeon General of the Air Force.

(6) The Judge Advocate General of the Air Force.

(7) The Chief of the Air Force Reserve.

(8) Other members of the Air Force assigned or detailed to the Air Staff.

(9) Civilian employees in the Department of the Air Force assigned or detailed to the Air Staff.


(c) Except as otherwise specifically prescribed by law, the Air Staff shall be organized in such manner, and its members shall perform such duties and have such titles, as the Secretary may prescribe.

(Aug. 10, 1956, ch. 1041, 70A Stat. 490, §8031; Pub. L. 89–718, §45, Nov. 2, 1966, 80 Stat. 1121; Pub. L. 93–608, §1(5), Jan. 2, 1975, 88 Stat. 1968; Pub. L. 98–525, title V, §515, Oct. 19, 1984, 98 Stat. 2522; Pub. L. 99–433, title V, §522(a), Oct. 1, 1986, 100 Stat. 1060; renumbered §9031, Pub. L. 115–232, div. A, title VIII, §806(c), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8031(a)

8031(b)

10:1811(a).

10:1811(b).

Sept. 19, 1951, ch. 407, §201, 65 Stat. 327.
8031(c) 10:1811(c).
8031(d) 10:1811(d).

In subsection (a), the words "an Air Staff consisting of—" are substituted for the words "a staff, which shall be known as the Air Staff, and which shall consist of—". The words "under regulations prescribed by the Secretary of the Air Force" are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions.

In subsection (b), 10:1811(b) (proviso) is omitted as superseded by section 264(c) of this title.

In subsection (c), the third sentence is substituted for 10:1811(c) (1st 13 words and 1st proviso). The words "officers and employees * * * or under the jurisdiction of" are omitted as surplusage.

In subsections (c) and (d), the word "hereafter" is omitted, since all wars and emergencies declared by Congress before September 19, 1951, have been terminated.

In subsection (d), the words "now or hereafter" are omitted as surplusage and as executed. The second sentence is substituted for 10:1811(d) (last 31 words of 1st sentence). The third sentence is substituted for 10:1811(d) (2d sentence). 10:1811(d) (1st 13 words of last sentence) is omitted as executed. The words "This subsection does not apply" are substituted for the words "and shall be inapplicable".

Amendments

2018Pub. L. 115–232 renumbered section 8031 of this title as this section.

1986Pub. L. 99–433 amended section generally, substituting "The Air Staff: function; composition" for "Composition: assignment and detail of members of Air Force and civilians" in section catchline and substituting in text provisions relating to establishment and composition of the Air Staff and authorizing the Secretary to prescribe the organization, duties, and titles of the Air Staff for provisions relating to establishment and composition of the Air Staff, authorizing the Secretary to prescribe the organization, duties, and titles of the Air Staff, and limiting the number of officers who may be assigned or detailed to permanent duty in the executive part of the Department of the Air Force.

1984—Subsec. (d). Pub. L. 98–525 struck out subsec. (d) which had provided that no commissioned officer who was assigned or detailed to duty in the executive part of the Department of the Air Force could serve for a tour of duty of more than four years, but that the Secretary could extend such a tour of duty if he made a special finding that the extension was necessary in the public interest, that no officer could be assigned or detailed to duty in the executive part of the Department of the Air Force within two years after relief from that duty, except upon a special finding by the Secretary that the assignment or detail was necessary in the public interest, and that the subsection did not apply in time of war, or of national emergency declared by Congress.

1975—Subsec. (c). Pub. L. 93–608 struck out requirement of annual report to Congress on the number of officers in the executive part of the Department of the Air Force and the justification therefor.

1966—Subsec. (c). Pub. L. 89–718 changed the reporting requirement from quarterly to annually.

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 of 1984 Amendment

Pub. L. 98–525, title V, §515, Oct. 19, 1984, 98 Stat. 2522, provided in part that the repeal of subsec. (d) of this section is effective Oct. 1, 1984.

§9032. The Air Staff: general duties

(a) The Air Staff shall furnish professional assistance to the Secretary, the Under Secretary, and the Assistant Secretaries of the Air Force, and the Chief of Staff of the Air Force.

(b) Under the authority, direction, and control of the Secretary of the Air Force, the Air Staff shall—

(1) subject to subsections (c) and (d) of section 9014 of this title, prepare for such employment of the Air Force, and for such recruiting, organizing, supplying, equipping (including those aspects of research and development assigned by the Secretary of the Air Force), training, servicing, mobilizing, demobilizing, administering, and maintaining of the Air Force, as will assist in the execution of any power, duty, or function of the Secretary or the Chief of Staff;

(2) investigate and report upon the efficiency of the Air Force and its preparation to support military operations by combatant commands;

(3) prepare detailed instructions for the execution of approved plans and supervise the execution of those plans and instructions;

(4) as directed by the Secretary or the Chief of Staff, coordinate the action of organizations of the Air Force; and

(5) perform such other duties, not otherwise assigned by law, as may be prescribed by the Secretary.

(Aug. 10, 1956, ch. 1041, 70A Stat. 490, §8032; Pub. L. 85–599, §4(h), Aug. 6, 1958, 72 Stat. 517; Pub. L. 99–433, title V, §522(b), Oct. 1, 1986, 100 Stat. 1060; renumbered §9032 and amended Pub. L. 115–232, div. A, title VIII, §§806(c), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8032(a)

8032(b)

10:1815(a).

10:1815(b).

Sept. 19, 1951, ch. 407, §205, 65 Stat. 329.

In subsection (a), the word "furnish" is substituted for the word "render".

In subsection (b)(1), the words "power, duty, or function of" are substituted for the words "power vested in, duty imposed upon, or function assigned to".

In subsection (b)(2), the words "all questions affecting" and "state of" are omitted as surplusage.

Amendments

2018Pub. L. 115–232, §806(c), renumbered section 8032 of this title as this section.

Subsec. (b)(1). Pub. L. 115–232, §809(a), substituted "section 9014" for "section 8014".

1986Pub. L. 99–433, §522(b)(3), substituted "The Air Staff: general duties" for "General duties" in section catchline.

Subsec. (a). Pub. L. 99–433, §522(b)(1), inserted "of the Air Force" after "Chief of Staff".

Subsec. (b). Pub. L. 99–433, §522(b)(2), substituted "Under the authority, direction, and control of the Secretary of the Air Force, the Air Staff" for "The Air Staff" before par. (1), inserted "subject to subsections (c) and (d) of section 8014 of this title," and substituted "(including those aspects of research and development assigned by the Secretary of the Air Force), training, servicing, mobilizing, demobilizing, administering, and maintaining" for ", training, serving, mobilizing, and demobilizing" in par. (1), substituted "to support military operations by combatant commands" for "for military operations" in par. (2), and amended par. (4) generally. Prior to amendment, par. (4) read as follows: "act as agent of the Secretary and the Chief of Staff in coordinating the action of all organizations of the Department of the Air Force; and".

1958—Subsec. (b)(1). Pub. L. 85–599 substituted "prepare for such employment of the Air Force" for "prepare such plans for the national security, for employment of the Air Force for that purpose, both separately and in conjunction with the land and naval forces".

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.

§9033. Chief of Staff

(a)(1) There is a Chief of Staff of the Air Force, appointed for a period of four years by the President, by and with the advice and consent of the Senate, from the general officers of the Air Force. He serves at the pleasure of the President. In time of war or during a national emergency declared by Congress, he may be reappointed for a term of not more than four years.

(2) The President may appoint an officer as Chief of Staff only if—

(A) the officer has had significant experience in joint duty assignments; and

(B) such experience includes at least one full tour of duty in a joint duty assignment (as defined in section 664(f) 1 of this title) as a general officer.


(3) The President may waive paragraph (2) in the case of an officer if the President determines such action is necessary in the national interest.

(b) The Chief of Staff, while so serving, has the grade of general without vacating his permanent grade.

(c) Except as otherwise prescribed by law and subject to section 9013(f) of this title, the Chief of Staff performs his duties under the authority, direction, and control of the Secretary of the Air Force and is directly responsible to the Secretary.

(d) Subject to the authority, direction, and control of the Secretary of the Air Force, the Chief of Staff shall—

(1) preside over the Air Staff;

(2) transmit the plans and recommendations of the Air Staff to the Secretary and advise the Secretary with regard to such plans and recommendations;

(3) after approval of the plans or recommendations of the Air Staff by the Secretary, act as the agent of the Secretary in carrying them into effect;

(4) exercise supervision, consistent with the authority assigned to commanders of unified or specified combatant commands under chapter 6 of this title, over such of the members and organizations of the Air Force as the Secretary determines;

(5) perform the duties prescribed for him by sections 171 and 2547 of this title and other provisions of law, including pursuant to section 9040 of this title; and

(6) perform such other military duties, not otherwise assigned by law, as are assigned to him by the President, the Secretary of Defense, or the Secretary of the Air Force.


(e)(1) The Chief of Staff shall also perform the duties prescribed for him as a member of the Joint Chiefs of Staff under section 151 of this title.

(2) To the extent that such action does not impair the independence of the Chief of Staff in the performance of his duties as a member of the Joint Chiefs of Staff, the Chief of Staff shall inform the Secretary regarding military advice rendered by members of the Joint Chiefs of Staff on matters affecting the Department of the Air Force.

(3) Subject to the authority, direction, and control of the Secretary of Defense, the Chief of Staff shall keep the Secretary of the Air Force fully informed of significant military operations affecting the duties and responsibilities of the Secretary.

(Aug. 10, 1956, ch. 1041, 70A Stat. 492, §8034; Pub. L. 85–599, §4(d), (e), Aug. 6, 1958, 72 Stat. 517; Pub. L. 87–651, title I, §114, Sept. 7, 1962, 76 Stat. 513; Pub. L. 90–22, title IV, §403, June 5, 1967, 81 Stat. 53; Pub. L. 96–513, title V, §504(2), Dec. 12, 1980, 94 Stat. 2915; Pub. L. 97–22, §10(b)(9), July 10, 1981, 95 Stat. 137; renumbered §8033 and amended Pub. L. 99–433, title V, §522(c), Oct. 1, 1986, 100 Stat. 1061; Pub. L. 100–456, div. A, title V, §519(a)(3), Sept. 29, 1988, 102 Stat. 1972; Pub. L. 114–92, div. A, title VIII, §802(d)(4)(D), title XVI, §1652(a)(3), Nov. 25, 2015, 129 Stat. 880, 1122; renumbered §9033 and amended Pub. L. 115–232, div. A, title VIII, §§806(c), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)

Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8034(a)

8034(b)

10:1812 (1st sentence).

10:1812 (less 1st sentence).

Sept. 19, 1951, ch. 407, §§202, 204, 65 Stat. 328.
8034(c)

 

 

8034(d)

10:1814(a) (1st 10 words).

10:1814(b) (2d sentence).

10:1814(c).

10:38 (last par.).

10:1814(a) (less 1st 10 words).

10:1814(b) (less 2d sentence).

June 3, 1916, ch. 134, §5 (last par.); added June 15, 1933, ch. 87, §2 (last par.), 48 Stat. 154.

In subsection (a), the words "not for" are substituted for the words "no person shall serve as Chief of Staff for a term of".

In subsection (b), the words "so serving" are substituted for the words "holding office as such". The words "regular or reserve" are substituted for the word "permanent", since there are no other "permanent" grades in the Air Force. The words "in the Air Force" are omitted as surplusage. The words "and shall take rank as prescribed by law" are omitted as superseded by section 743 of this title. The words "He shall receive the compensation prescribed by law" are omitted as covered by the Career Compensation Act of 1949, 63 Stat. 802 (37 U.S.C. 231 et seq.).

In subsection (c), the provisions of 10:1814 relating to the direction of the Secretary of the Air Force over the Chief of Staff are combined. The words "and subsection (c) of this section" and "state of" are omitted as surplusage.

In subsection (d), 10:38 (last par.) is omitted as covered by 10:1814(a). The words "and other provisions of law" are substituted for the words "and by other laws".

1962 Act

The changes correct references to section 202(j) of the National Security Act of 1947, which is now set out as section 124 of title 10.

References in Text

Section 664(f) of this title, referred to in subsec. (a)(2)(B), was redesignated as section 664(d) of this title by Pub. L. 114–328, div. A, title V, §510(g)(1), Dec. 23, 2016, 130 Stat. 2111.

Amendments

2018Pub. L. 115–232, §806(c), renumbered section 8033 of this title as this section.

Subsec. (c). Pub. L. 115–232, §809(a), substituted "section 9013(f)" for "section 8013(f)".

Subsec. (d)(5). Pub. L. 115–232, §809(a), substituted "section 9040" for "section 8040".

2015—Subsec. (d)(5). Pub. L. 114–92, §1652(a)(3), inserted ", including pursuant to section 8040 of this title" after "other provisions of law".

Pub. L. 114–92, §802(d)(4)(D), substituted "sections 171 and 2547" for "section 171".

1988—Subsec. (a)(2)(B). Pub. L. 100–456 substituted "full tour of duty in a joint duty assignment (as defined in section 664(f) of this title)" for "joint duty assignment".

1986Pub. L. 99–433 renumbered section 8034 of this title as this section, substituted "Chief of Staff" for "Chief of Staff: appointment; duties" in section catchline, and amended text generally. Prior to amendment, text read as follows:

"(a) The Chief of Staff shall be appointed for a period of four years by the President, by and with the advice and consent of the Senate, from the general officers of the Air Force. He serves during the pleasure of the President. In time of war or national emergency declared by the Congress after December 31, 1968, he may be reappointed for a term of not more than four years.

"(b) The Chief of Staff, while so serving, has the grade of general without vacating his regular or reserve grade.

"(c) Except as otherwise prescribed by law and subject to section 8012(c) and (d) of this title, the Chief of Staff performs his duties under the direction of the Secretary of the Air Force, and is directly responsible to the Secretary for the efficiency of the Air Force, its preparedness for military operations, and plans therefor.

"(d) The Chief of Staff shall—

"(1) preside over the Air Staff;

"(2) send the plans and recommendations of the Air Staff to the Secretary, and advise him with regard thereto;

"(3) after approval of the plans or recommendations of the Air Staff by the Secretary, act as the agent of the Secretary in carrying them into effect;

"(4) exercise supervision over such of the members and organizations of the Air Force as the Secretary of the Air Force determines. Such supervision shall be exercised in a manner consistent with the full operational command vested in unified or specified combatant commanders under section 124 of this title.

"(5) perform the duties prescribed for him by sections 141 and 171 of this title and other provisions of law; and

"(6) perform such other military duties, not otherwise assigned by law, as are assigned to him by the President."

1981—Subsec. (b). Pub. L. 97–22 struck out the comma after "his regular or reserve grade".

1980—Subsec. (b). Pub. L. 96–513 struck out "and is counted as one of the officers authorized to serve in a grade above lieutenant general under section 8066 of this title" after "without vacating his regular or reserve grade".

1967—Subsec. (a). Pub. L. 90–22 changed the requirement that the Chief of Staff be reappointed only with the advice and consent of the Senate by providing for his reappointment for a term of not more than four years by the President without such advice and consent in a time of war or national emergency as declared by the Congress.

1962—Subsec. (d)(4). Pub. L. 87–651 substituted "under section 124 of this title" for "pursuant to section 202(j) of the National Security Act of 1947, as amended".

1958—Subsec. (d)(4) to (7). Pub. L. 85–599 redesignated pars. (5) to (7) as (4) to (6), respectively, and in par. (4), as redesignated, required the Chief of Staff to exercise supervision only as the Secretary of the Air Force determines and in a manner consistent with the full operational command vested in unified or specified combatant commanders. Former par. (4), which related to command over the air defense, strategic, tactical, and other major commands, was struck out.

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 of 1981 Amendment

Pub. L. 97–22, §10(b), July 10, 1981, 95 Stat. 137, provided that the amendment made by that section is effective Sept. 15, 1981.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–22 effective Jan. 1, 1969, see section 405 of Pub. L. 90–22, set out as a note under section 7033 of this title.

Waiver of Qualifications for Appointment as Service Chief

For provisions giving President temporary authority to waive requirements in subsec. (a)(2) of this section, see section 532(c) of Pub. L. 99–433, title V, Oct. 1, 1986, 100 Stat. 1063, which was formerly set out as a note under section 3033 of this title.

1 See References in Text note below.

§9034. Vice Chief of Staff

(a) There is a Vice Chief of Staff of the Air Force, appointed by the President, by and with the advice and consent of the Senate, from the general officers of the Air Force.

(b) The Vice Chief of Staff of the Air Force, while so serving, has the grade of general without vacating his permanent grade.

(c) The Vice Chief of Staff has such authority and duties with respect to the Department of the Air Force as the Chief of Staff, with the approval of the Secretary of the Air Force, may delegate to or prescribe for him. Orders issued by the Vice Chief of Staff in performing such duties have the same effect as those issued by the Chief of Staff.

(d) When there is a vacancy in the office of Chief of Staff or during the absence or disability of the Chief of Staff—

(1) the Vice Chief of Staff shall perform the duties of the Chief of Staff until a successor is appointed or the absence or disability ceases; or

(2) if there is a vacancy in the office of the Vice Chief of Staff or the Vice Chief of Staff is absent or disabled, unless the President directs otherwise, the most senior officer of the Air Force in the Air Staff who is not absent or disabled and who is not restricted in performance of duty shall perform the duties of the Chief of Staff until a successor to the Chief of Staff or the Vice Chief of Staff is appointed or until the absence or disability of the Chief of Staff or Vice Chief of Staff ceases, whichever occurs first.

(Aug. 10, 1956, ch. 1041, 70A Stat. 492, §8035; Pub. L. 85–599, §6(d), Aug. 6, 1958, 72 Stat. 519; renumbered §8034 and amended Pub. L. 99–433, title V, §522(d), Oct. 1, 1986, 100 Stat. 1062; renumbered §9034, Pub. L. 115–232, div. A, title VIII, §806(c), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8035(a) 10:1813(a) (1st sentence). Sept. 19, 1951, ch. 407, §203, 65 Stat. 328.
8035(b) 10:1813(a) (less 1st sentence).
8035(c) 10:1813(b).

In subsection (a), the words "of the Air Force" are omitted as surplusage.

In subsection (b), the words "if the Chief of Staff is absent or disabled or if that office is vacant" are substituted for 10:1813(a) (1st 18 words of last sentence). The words "the officer who is highest on the following list and" are inserted for clarity. The words "until his successor is appointed" are omitted as surplusage.

In subsection (c), the words "If the Vice Chief of Staff is absent or disabled or if that office is vacant" are substituted for 10:1813(b) (1st 19 words).

Amendments

2018Pub. L. 115–232 renumbered section 8034 of this title as this section.

1986Pub. L. 99–433, §522(d), renumbered section 8035 of this title as this section.

Pub. L. 99–433, §522(d)(5), substituted "Vice Chief of Staff" for "Vice Chief of Staff; Deputy Chiefs of Staff: succession to duties of Chief of Staff and Vice Chief of Staff" in section catchline.

Subsecs. (a), (b). Pub. L. 99–433, §522(d)(1), substituted subsecs. (a) and (b) for former subsecs. (a) and (b) which read as follows:

"(a) The Vice Chief of Staff and the Deputy Chiefs of Staff shall be general officers detailed to those positions.

"(b) If the Chief of Staff is absent or disabled or if that office is vacant, the officer who is highest on the following list and who is not absent or disabled shall, unless otherwise directed by the President, perform the duties of the Chief of Staff until a successor is appointed or the absence or disability ceases:

"(1) The Vice Chief of Staff.

"(2) The Deputy Chiefs of Staff in order of seniority."

Subsec. (c). Pub. L. 99–433, §522(d)(2), (3), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: "If the Vice Chief of Staff is absent or disabled or if that office is vacant, the senior Deputy Chief of Staff who is not absent or disabled shall, unless otherwise directed by the Secretary of the Air Force, perform the duties of the Vice Chief of Staff until a successor is designated or the absence or disability ceases."

Subsec. (d). Pub. L. 99–433, §522(d)(3), (4), added subsec. (d). Former subsec. (d) was redesignated (c).

1958—Subsec. (d). Pub. L. 85–599 added subsec. (d).

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.

§9035. Deputy Chiefs of Staff and Assistant Chiefs of Staff

(a) The Deputy Chiefs of Staff and the Assistant Chiefs of Staff shall be general officers detailed to those positions.

(b) The Secretary of the Air Force shall prescribe the number of Deputy Chiefs of Staff and Assistant Chiefs of Staff, for a total of not more than eight positions.

(Added Pub. L. 99–433, title V, §522(e), Oct. 1, 1986, 100 Stat. 1062, §8035; Pub. L. 110–181, div. A, title IX, §902(c), Jan. 28, 2008, 122 Stat. 273; renumbered §9035, Pub. L. 115–232, div. A, title VIII, §806(c), Aug. 13, 2018, 132 Stat. 1833.)

Amendments

2018Pub. L. 115–232 renumbered section 8035 of this title as this section.

2008—Subsec. (b). Pub. L. 110–181 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "The number of Deputy Chiefs of Staff and Assistant Chiefs of Staff shall be prescribed by the Secretary, except that—

"(1) there may not be more than five Deputy Chiefs of Staff; and

"(2) there may not be more than three Assistant Chiefs of Staff."

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.

§9036. Surgeon General: appointment; duties

(a) Appointment.—The Surgeon General of the Air Force shall be appointed by the President, by and with the advice and consent of the Senate from officers of the Air Force who are in the Air Force medical department.

(b) Duties.—(1) The Surgeon General serves as the principal advisor to the Secretary of the Air Force and the Chief of Staff of the Air Force on all health and medical matters of the Air Force, including strategic planning and policy development relating to such matters.

(2) The Surgeon General serves as the chief medical advisor of the Air Force to the Director of the Defense Health Agency on matters pertaining to military health readiness requirements and safety of members of the Air Force.

(3) The Surgeon General, acting under the authority, direction, and control of the Secretary of the Air Force, shall recruit, organize, train, and equip, medical personnel of the Air Force.

(Added Pub. L. 89–288, §5(a), Oct. 22, 1965, 79 Stat. 1050, §8036; amended Pub. L. 99–433, title V, §522(g)(2), Oct. 1, 1986, 100 Stat. 1063; Pub. L. 104–106, div. A, title V, §506(c), Feb. 10, 1996, 110 Stat. 296; Pub. L. 114–328, div. A, title VII, §702(b)(3)(A), Dec. 23, 2016, 130 Stat. 2196; renumbered §9036, Pub. L. 115–232, div. A, title VIII, §806(c), Aug. 13, 2018, 132 Stat. 1833.)

Amendments

2018Pub. L. 115–232 renumbered section 8036 of this title as this section.

2016Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: "There is a Surgeon General of the Air Force who is appointed by the President by and with the advice and consent of the Senate from officers of the Air Force who are in the Air Force medical department. The Surgeon General, while so serving, has the grade of lieutenant general."

1996Pub. L. 104–106 substituted "in the Air Force medical department" for "designated as medical officers under section 8067(a) of this title".

1986Pub. L. 99–433 substituted a semicolon for the comma in section catchline.

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.

§9037. Judge Advocate General, Deputy Judge Advocate General: appointment; duties

(a) There is a Judge Advocate General in the Air Force, who is appointed by the President, by and with the advice and consent of the Senate, from officers of the Air Force. The term of office is four years.

(b) The Judge Advocate General of the Air Force shall be appointed from those officers who at the time of appointment are members of the bar of a Federal court or the highest court of a State, and who have had at least eight years of experience in legal duties as commissioned officers.

(c) The Judge Advocate General, in addition to other duties prescribed by law—

(1) is the legal adviser of the Secretary of the Air Force and of all officers and agencies of the Department of the Air Force;

(2) shall direct the officers of the Air Force designated as judge advocates in the performance of their duties; and

(3) shall receive, revise, and have recorded the proceedings of courts of inquiry and military commissions.


(d)(1) There is a Deputy Judge Advocate General in the Air Force, who is appointed by the President, by and with the advice and consent of the Senate, from officers of the Air Force who have the qualifications prescribed in subsection (b) for the Judge Advocate General. The term of office of the Deputy Judge Advocate General is four years.

(2) When there is a vacancy in the office of the Judge Advocate General, or during the absence or disability of the Judge Advocate General, the Deputy Judge Advocate General shall perform the duties of the Judge Advocate General until a successor is appointed or the absence or disability ceases.

(3) When paragraph (2) cannot be complied with because of the absence or disability of the Deputy Judge Advocate General, the heads of the major divisions of the Office of the Judge Advocate General, in the order directed by the Secretary of the Air Force, shall perform the duties of the Judge Advocate General, unless otherwise directed by the President.

(e)(1) Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force, in selecting an officer for recommendation to the President under subsection (a) for appointment as the Judge Advocate General or under subsection (d) for appointment as the Deputy Judge Advocate General, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.

(2) If the Secretary of the Air Force elects to convene a selection board under section 611(a) of this title to consider eligible officers for selection to appointment as Deputy Judge Advocate General, the Secretary may, in connection with such consideration for selection—

(A) treat any section in chapter 36 of this title referring to promotion to the next higher grade as if such section referred to promotion to a higher grade; and

(B) waive section 619(a)(2) of this title if the Secretary determines that the needs of the Air Force require the waiver.


(f) No officer or employee of the Department of Defense may interfere with—

(1) the ability of the Judge Advocate General to give independent legal advice to the Secretary of the Air Force or the Chief of Staff of the Air Force; or

(2) the ability of officers of the Air Force who are designated as judge advocates who are assigned or attached to, or performing duty with, military units to give independent legal advice to commanders.

(Aug. 10, 1956, ch. 1041, 70A Stat. 495, §8072; Pub. L. 96–343, §12(a), (b)(1), Sept. 8, 1980, 94 Stat. 1130, 1131; renumbered §8037, Pub. L. 99–433, title V, §522(f), Oct. 1, 1986, 100 Stat. 1063; Pub. L. 103–337, div. A, title V, §504(c), Oct. 5, 1994, 108 Stat. 2751; Pub. L. 104–106, div. A, title V, §507(a), Feb. 10, 1996, 110 Stat. 296; Pub. L. 108–375, div. A, title V, §574(c), Oct. 28, 2004, 118 Stat. 1922; Pub. L. 109–163, div. A, title V, §508(c), title X, §1057(a)(2), Jan. 6, 2006, 119 Stat. 3229, 3440; Pub. L. 110–181, div. A, title V, §543(c), Jan. 28, 2008, 122 Stat. 115; Pub. L. 114–328, div. A, title V, §502(kk), Dec. 23, 2016, 130 Stat. 2106; Pub. L. 115–91, div. A, title V, §508(c), Dec. 12, 2017, 131 Stat. 1375; renumbered §9037, Pub. L. 115–232, div. A, title VIII, §806(c), Aug. 13, 2018, 132 Stat. 1833.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8072(a)

8072(b)

8072(c)

10:1840(a).

50:741.

10:62, 10:1840(b) (last sentence).

Sept. 19, 1951, ch. 407, §310(a), (b) (less 1st sentence), 65 Stat. 332.

May 5, 1950, ch. 169, §13 (as applicable to Air Force), 64 Stat. 147.

  R.S. 1199.
  June 23, 1874, ch. 458, §2, 18 Stat. 244.

In subsection (a), the words "subject to the provisions of section 741 of Title 50" are omitted as surplusage. The words "but may be sooner terminated, or extended, by the President" are substituted for 10:1840(a) (last 11 words of 1st sentence, and 2d sentence). 10:1840(a) (1st 46 words of 3d sentence) is omitted as surplusage. 10:1840(a) (last sentence) is omitted as executed. The words "by the President, by and with the advice and consent of the Senate", as they relate to the appointment as a major general in the Regular Air Force, are omitted as covered by section 8284 of this title.

In subsection (b), the words "Hereafter" and "exclusive of the present incumbents" are omitted as surplusage. The words "at least" are substituted for the words "not less than a total".

In subsection (c), the Act of June 23, 1874, ch. 458, §2 (words before semicolon of 1st sentence, and last sentence), 18 Stat. 244, are not contained in 10:62. They are also omitted from the revised section, since the Air Force does not have organic corps created by statute.

Amendments

2018Pub. L. 115–232 renumbered section 8037 of this title as this section.

2017—Subsec. (e). Pub. L. 115–91 designated existing provisions as par. (1) and added par. (2).

2016—Subsec. (a). Pub. L. 114–328, §502(kk)(1), struck out last sentence which read as follows: "The Judge Advocate General, while so serving, has the grade of lieutenant general."

Subsec. (d)(1). Pub. L. 114–328, §502(kk)(2), struck out last sentence which read as follows: "An officer appointed as Deputy Judge Advocate General who holds a lower regular grade shall be appointed in the regular grade of major general."

2008—Subsec. (a). Pub. L. 110–181 substituted "The Judge Advocate General, while so serving, has the grade of lieutenant general." for "The Judge Advocate General, while so serving, shall hold a grade not lower than major general."

2006—Subsec. (a). Pub. L. 109–163, §508(c), substituted "The Judge Advocate General, while so serving, shall hold a grade not lower than major general." for "An appointee who holds a lower regular grade shall be appointed in the regular grade of major general."

Subsec. (b). Pub. L. 109–163, §1057(a)(2), struck out "or Territory" after "a State".

2004—Subsec. (a). Pub. L. 108–375, §574(c)(1), struck out ", but may be sooner terminated or extended by the President" after "four years".

Subsec. (c). Pub. L. 108–375, §574(c)(2)(A), struck out "shall" after "General" in introductory provisions.

Subsec. (c)(1) to (3). Pub. L. 108–375, §574(c)(2)(B)–(D), added pars. (1) and (2), redesignated former par. (1) as (3), inserted "shall" before "receive", substituted period for "; and" at end, and struck out former par. (2) which read as follows: "perform such other legal duties as may be directed by the Secretary of the Air Force."

Subsec. (d)(1). Pub. L. 108–375, §574(c)(3), struck out ", but may be sooner terminated or extended by the President" after "four years".

Subsec. (f). Pub. L. 108–375, §574(c)(4), added subsec. (f).

1996—Subsec. (d)(1). Pub. L. 104–106 substituted "four years" for "two years" and "An officer appointed as Deputy Judge Advocate General who holds a lower regular grade shall be appointed in the regular grade of major general." for "An officer appointed as Deputy Judge Advocate General shall be appointed in a regular grade to be determined by the Secretary of Defense."

1994—Subsec. (e). Pub. L. 103–337 added subsec. (e).

1986Pub. L. 99–433 renumbered section 8072 of this title as this section.

1980Pub. L. 96–343, §12(b)(1), substituted "General, Deputy Judge Advocate General:" for "General:" in section catchline.

Subsec. (d). Pub. L. 96–343, §12(a), added subsec. (d).

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 of 1996 Amendment

Pub. L. 104–106, div. A, title V, §507(b), Feb. 10, 1996, 110 Stat. 296, provided that: "The amendments made by subsection (a) [amending this section] apply to any appointment to the position of Deputy Judge Advocate General of the Air Force that is made after the date of the enactment of this Act [Feb. 10, 1996]."

§9038. Office of Air Force Reserve: appointment of Chief

(a) There is in the executive part of the Department of the Air Force an Office of Air Force Reserve which is headed by a chief who is the adviser to the Chief of Staff on Air Force Reserve matters.

(b) Appointment.—(1) The President, by and with the advice and consent of the Senate, shall appoint the Chief of Air Force Reserve from general officers of the Air Force Reserve who have had at least 10 years of commissioned service in the Air Force.

(2) The Secretary of Defense may not recommend an officer to the President for appointment as Chief of Air Force Reserve unless the officer—

(A) is recommended by the Secretary of the Air Force; and

(B) is determined by the Chairman of the Joint Chiefs of Staff, in accordance with criteria and as a result of a process established by the Chairman, to have significant joint duty experience.


(3) An officer on active duty for service as the Chief of Air Force Reserve shall be counted for purposes of the grade limitations under sections 525 and 526 of this title.

(4) Until December 31, 2006, the Secretary of Defense may waive subparagraph (B) of paragraph (2) with respect to the appointment of an officer as Chief of Air Force Reserve if the Secretary of the Air Force requests the waiver and, in the judgment of the Secretary of Defense—

(A) the officer is qualified for service in the position; and

(B) the waiver is necessary for the good of the service.


Any such waiver shall be made on a case-by-case basis.

(c) Term; Reappointment.—The Chief of Air Force Reserve is appointed for a period of four years, but may be removed for cause at any time. An officer serving as Chief of Air Force Reserve may be reappointed for one additional four-year period.

(d) Budget.—The Chief of Air Force Reserve is the official within the executive part of the Department of the Air Force who, subject to the authority, direction, and control of the Secretary of the Air Force and the Chief of Staff, is responsible for preparation, justification, and execution of the personnel, operation and maintenance, and construction budgets for the Air Force Reserve. As such, the Chief of Air Force Reserve is the director and functional manager of appropriations made for the Air Force Reserve in those areas.

(e) Full Time Support Program.—The Chief of Air Force Reserve manages, with respect to the Air Force Reserve, the personnel program of the Department of Defense known as the Full Time Support Program.

(f) Annual Report.—The Chief of Air Force Reserve shall submit to the Secretary of Defense, through the Secretary of the Air Force, an annual report on the state of the Air Force Reserve and the ability of the Air Force Reserve to meet its missions. The report shall be prepared in conjunction with the Chief of Staff of the Air Force and may be submitted in classified and unclassified versions.

(Added Pub. L. 90–168, §2(19), Dec. 1, 1967, 81 Stat. 524, §8019; renumbered §8038 and amended Pub. L. 99–433, title V, §§521(a)(2), 522(g)(3), Oct. 1, 1986, 100 Stat. 1055, 1063; Pub. L. 103–337, div. A, title XVI, §1674(c)(1), Oct. 5, 1994, 108 Stat. 3016; Pub. L. 104–201, div. A, title XII, §1212(d), Sept. 23, 1996, 110 Stat. 2693; Pub. L. 105–85, div. A, title X, §1073(a)(65), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 106–65, div. A, title V, §554(e), Oct. 5, 1999, 113 Stat. 617; Pub. L. 106–398, §1 [[div. A], title V, §507(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A-104; Pub. L. 107–314, div. A, title V, §501(a), Dec. 2, 2002, 116 Stat. 2529; Pub. L. 108–375, div. A, title V, §536(a), Oct. 28, 2004, 118 Stat. 1901; Pub. L. 114–328, div. A, title V, §502(ll), Dec. 23, 2016, 130 Stat. 2106; Pub. L. 115–91, div. A, title X, §1051(a)(30), Dec. 12, 2017, 131 Stat. 1562; renumbered §9038, Pub. L. 115–232, div. A, title VIII, §806(c), Aug. 13, 2018, 132 Stat. 1833.)

Amendments

2018Pub. L. 115–232 renumbered section 8038 of this title as this section.

2017—Subsec. (f). Pub. L. 115–91 struck out par. (1) designation before "The Chief" and struck out par. (2) which read as follows: "The Secretary of Defense shall transmit the annual report of the Chief of Air Force Reserve under paragraph (1) to Congress, together with such comments on the report as the Secretary considers appropriate. The report shall be transmitted at the same time each year that the annual report of the Secretary under section 113 of this title is submitted to Congress."

2016—Subsec. (c). Pub. L. 114–328, in heading, struck out "; Grade" after "Reappointment", and in text, struck out par. (1) designation before "The Chief of Air Force Reserve" and struck out par. (2) which read as follows: "The Chief of Air Force Reserve, while so serving, holds the grade of lieutenant general."

2004—Subsec. (b)(4). Pub. L. 108–375 substituted "December 31, 2006" for "December 31, 2004".

2002—Subsec. (b)(4). Pub. L. 107–314 substituted "December 31, 2004" for "October 1, 2003".

2000—Subsec. (b). Pub. L. 106–398 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "The President, by and with the advice and consent of the Senate, shall appoint the Chief of Air Force Reserve from officers of the Air Force Reserve not on active duty, or on active duty under section 10211 of this title, who—

"(1) have had at least 10 years of commissioned service in the Air Force;

"(2) are in grade of brigadier general and above; and

"(3) have been recommended by the Secretary of the Air Force."

Subsec. (c). Pub. L. 106–398 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "The Chief of Air Force Reserve holds office for four years, but may be removed for cause at any time. He is eligible to succeed himself. If he holds a lower reserve grade, he shall be appointed in the grade of major general for service in the Air Force Reserve. However, if selected in accordance with section 12505 of this title, he may be appointed in the grade of lieutenant general."

1999—Subsec. (c). Pub. L. 106–65 inserted at end "However, if selected in accordance with section 12505 of this title, he may be appointed in the grade of lieutenant general."

1997—Subsec. (e). Pub. L. 105–85 struck out "(1)" before "The Chief of Air Force".

1996—Subsecs. (d) to (f). Pub. L. 104–201 added subsecs. (d) to (f).

1994—Subsec. (b). Pub. L. 103–337 substituted "10211" for "265".

1986Pub. L. 99–433, §521(a)(2), renumbered section 8019 of this title as this section.

Subsec. (a). Pub. L. 99–433, §522(g)(3), struck out the comma after "Chief of Staff".

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 of 1999 Amendment; Applicability to Incumbents

Amendment by Pub. L. 106–65 effective 60 days after Oct. 5, 1999, with special provision for an officer who is a covered position incumbent who is appointed under that amendment to the grade of lieutenant general or vice admiral, see section 554(g), (h) of Pub. L. 106–65, set out as a note under section 7038 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

Effective Date

Section effective on first day of first calendar month following date of enactment of Pub. L. 90–168, which was approved Dec. 1, 1967, see section 7 of Pub. L. 90–168, set out as an Effective Date of 1967 Amendment note under section 138 of this title.

§9039. Chief of Chaplains: appointment; duties

(a) Chief of Chaplains.—(1) There is a Chief of Chaplains in the Air Force, appointed by the President, by and with the advice and consent of the Senate, from officers of the Air Force designated under section 9067(h) of this title as chaplains who—

(A) are serving on active duty; and

(B) have served on active duty as a chaplain for at least eight years.


(2) An officer appointed as the Chief of Chaplains shall be appointed for a term of three years. However, the President may terminate or extend the appointment at any time.

(3) The Chief of Chaplains shall perform such duties as may be prescribed by the Secretary of the Air Force and by law.

(b) Selection Board.—Under regulations approved by the Secretary of Defense, the Secretary of the Air Force, in selecting an officer for recommendation to the President for appointment as the Chief of Chaplains, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to the selection boards convened under chapter 36 of this title.

(c) Grade of Chief of Chaplains.—The Chief of Chaplains, while so serving, holds the grade of major general.

(Added Pub. L. 112–239, div. A, title V, §508(a), Jan. 2, 2013, 126 Stat. 1716, §8039; amended Pub. L. 114–328, div. A, title V, §502(mm), Dec. 23, 2016, 130 Stat. 2106; renumbered §9039 and amended Pub. L. 115–232, div. A, title V, §510(c), title VIII, §§806(c), 809(a), Aug. 13, 2018, 132 Stat. 1751, 1833, 1840.)

Amendments

2018Pub. L. 115–232, §806(c), renumbered section 8039 of this title as this section.

Subsec. (a)(1). Pub. L. 115–232, §809(a), substituted "section 9067(h)" for "section 8067(h)" in introductory provisions.

Subsec. (c). Pub. L. 115–232, §510(c), added subsec. (c).

2016—Subsec. (a)(1). Pub. L. 114–328, §502(mm)(1), redesignated subpars. (B) and (C) as (A) and (B), respectively, and struck out former subpar. (A) which read as follows: "are serving in the grade of colonel or above;".

Subsec. (c). Pub. L. 114–328, §502(mm)(2), struck out subsec. (c). Text read as follows: "An officer appointed as Chief of Chaplains who holds a lower regular grade may be appointed in the regular grade of major general."

Effective Date of 2018 Amendment

Amendment by sections 806(c) and 809(a) of 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.

§9040. Oversight of nuclear deterrence mission

(a) Oversight of Nuclear Deterrence Mission.—Subject to the authority, direction, and control of the Secretary of the Air Force, the Chief of Staff of the Air Force shall be responsible for overseeing the safety, security, reliability, effectiveness, and credibility of the nuclear deterrence mission of the Air Force.

(b) Deputy Chief of Staff.—Not later than March 1, 2016, the Chief of Staff shall designate a Deputy Chief of Staff to carry out the following duties:

(1) Provide direction, guidance, integration, and advocacy regarding the nuclear deterrence mission of the Air Force.

(2) Conduct monitoring and oversight activities regarding the safety, security, reliability, effectiveness, and credibility of the nuclear deterrence mission of the Air Force.

(3) Conduct periodic comprehensive assessments of all aspects of the nuclear deterrence mission of the Air Force and provide such assessments to the Secretary of the Air Force and the Chief of Staff of the Air Force.

(Added Pub. L. 114–92, div. A, title XVI, §1652(a)(1), Nov. 25, 2015, 129 Stat. 1121, §8040; renumbered §9040, Pub. L. 115–232, div. A, title VIII, §806(c), Aug. 13, 2018, 132 Stat. 1833.)

Amendments

2018Pub. L. 115–232 renumbered section 8040 of this title as this section.

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.