Volume 65 · 326
Public Law 82–150
To provide for the organization of the Air Force and the Department of the Air Force, and for other purposes.
Approved September 19, 1951
Statutory text
AN ACT
To provide for the organization of the Air Force and the Department of the Air Force, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. short title
This Act may be cited as the “Air Force Organization Act of 1951”.
table of contents
Sec. 2. definitions
As used in this Act—
The terms “United States Air Force” and “Air Force” are synonymous and mean the United States Air Force established by
Post, p. 329.
the National Security Act of 1947; and said terms include the components and persons prescribed in section 301 of this Act.
The term “members of the Air Force” means all persons appointed, enlisted, or inducted in, or transferred to, any of the components of the Air Force; all persons appointed, enlisted, or inducted in, or transferred to the Air Force without specification of component; and all persons serving as members of the Air Force under call or conscription under any provision of law. The term “officers of the Air Force” means all members of the Air Force appointed to and holding a commissioned or warrant officer grade. The term “airmen” is synonymous with “enlisted members” and means all members of the Air Force in any enlisted grade.
The term “Air Force Establishment, means all commands, organizations, forces, agencies, installations, and activities, including the Department of the Air Force, all members of the Air Force, all property of every kind and character—real, personal, and mixed—and all civilian personnel, under the control or supervision of the Secretary of the Air Force.
The term “Department of the Air Force” means the executive part of the Air Force Establishment at the seat of government.
TITLE I— SECRETARY, UNDER SECRETARY, AND ASSISTANT SECRETARIES OF THE AIR FORCE
Sec. 101.
The Secretary of the Air Force shall be responsible
Duties and powers of Secretary.
for and shall have the authority necessary to conduct all affairs of the Air Force Establishment, including, but not limited to, those necessary or appropriate for the training, operations, administration, logistical support and maintenance, welfare, preparedness, and effectiveness of the Air Force, including research and development, and such other activities as may be prescribed by the President or the Secretary of
Appropriations authorized.
Defense as authorized by law. There are authorized to be appropriated such sums as may be necessary to conduct the affairs of the Air Force Establishment.
The Secretary of the Air Force may assign to the Under Secretary of the Air Force and to the Assistant Secretaries of the Air Force such of his functions, powers, and duties as he may consider proper. Officers of the Air Force shall report regarding any matters to the Secretary, Under Secretary, or either Assistant Secretary of the Air Force, as the Secretary of the Air Force may prescribe.
The Secretary of the Air Force or, as he may prescribe, the Under Secretary of the Air Force or either Assistant Secretary of the Air Force, shall, in addition to other duties, be charged (1) with supervision of the procurement activities of the Air Force Establishment, of plans for the mobilization of materials and industrial organizations essential to wartime needs of the Air Force, and of other business pertaining thereto, and (2) with supervision of all activities of the reserve components of the Air Force.
The Secretary of the Air Force may make such assignments and details of members of the Air Force and civilian personnel as he thinks proper, and may prescribe the duties of the members and civilian personnel so assigned; and such members and civilian personnel shall be responsible for, and shall have the authority necessary to perform, such duties as may be so prescribed for them.
The Secretary of the Air Force may cause to be manufactured or produced at Government arsenals, depots, or Government-owned factories of the United States all those supplies needed by the Air Force which can be manufactured or produced upon an economical basis at such arsenals, depots, or factories.
Sec. 102.
There shall be in the Department of the Air Force
Under Secretary; Assistant Secretaries.
an Under Secretary of the Air Force and two Assistant Secretaries of the Air Force, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall receive the compensation prescribed by law.
In case of the death, resignation, removal from office, absence, or disability of the Secretary of the Air Force, the officer of the United States who is highest on the following list, and who is not absent, or disabled, shall, until the President directs some other person to perform such duties in accordance with section 179, Revised Statutes (5 U. S. C. 6), perform his duties until a successor’ is appointed, or until such absence or disability shall cease—
the Under Secretary of the Air Force;
the Assistant Secretaries of the Air Force in the order fixed by their length of service as such; and
the Chief of Staff.
If the Chief of Staff by reason of succession assumes, or if he or any other officer of the Air Force is designated in accordance with section 179, Revised Statutes (5 U. S. C. 6), to perform the duties of the Secretary of the Air Force, section 1222, Revised Statutes (10 U. S. C. 576), shall not apply to him by reason of his temporarily performing such duties.
TITLE II— CHIEF OF STAFF AND THE AIR STAFF
Sec. 201.
There shall be in the Department of the Air Force a
Air Staff.
staff, which shall be known as the Air Staff, and which shall consist of—
the Chief of Staff;
a Vice Chief of Staff;
not to exceed five Deputy Chiefs of Staff; and
such other members of the Air Force and such civilian officers and employees in or under the jurisdiction of the Department of the Air Force as may be assigned or detailed under regulations prescribed by the Secretary of the Air Force.
The Air Staff shall be organized in such manner, and its members
Organization, etc.
shall perform such duties and bear such titles, as the Secretary of the Air Force may prescribe: Provided, That there shall be in the Air Staff a general officer who shall assist and advise the Secretary of the Air Force and the Chief of Staff on all matters relating to the reserve components of the Air Force and who shall perform such other duties in connection therewith as may be assigned by the Secretary or the Chief of Staff.
Except in time of war or national emergency hereafter declared
Officer personnel limitation.
by the Congress, not more than two thousand eight hundred officers of the Air Force shall be detailed or assigned to permanent duty in the Department of the Air Force: Provided, That the numerical limit prescribed in this subsection shall not apply upon a finding by the President that an increase in the number of officers in the
Nonapplicability.
Department of the Air Force is in the national interest: Provided further, That the Secretary
Report to Congress.
of the Air Force shall report quarterly to the Congress the number of officers in the Department of the Air Force and the justification therefor.
A commissioned officer of the Air Force now or hereafter
Tour of duty.
detailed or assigned to duty in the Department of the Air Force shall serve for a tour of duty not to exceed tour years, except that such tour of duty may be extended beyond four years upon a special finding by the Secretary of the Air Force that the extension is necessary in the
Restriction.
public interest. Upon relief from such duty no such officer shall again be detailed or assigned within two years to duty in the Department of the Air Force except upon a like finding by the Secretary of
Effective date of subsection.
the Air Force. This subsection shall not take effect until one year after the enactment of this Act, and shall be inapplicable in time of war or national emergency hereafter declared by the Congress.
Sec. 202.
The Chief of Staff shall be appointed by the President,
Chief of Staff, appointment.
by and with the advice and consent of the Senate, from the general officers of the Air Force, to serve during the pleasure of the President, but no person shall serve as Chief of Staff for a term of more than four years unless reappointed by the President, by and with the
Rank.
advice and consent of the Senate. The Chief of Stan, while holding office as such, shall have the grade of general, without vacation of his permanent grade in the Air Force, and shall take rank as prescribed by law. He shall receive the compensation prescribed by law and shall be counted as one of the officers authorized to be serving in grade above lieutenant general under the provisions of the Officer
Vice Chief of Staff: Deputy Chiefs of Staff.
Personnel Act of 1947 (61 Stat. 886), as amended.
Sec. 203.
The Vice Chief of Staff and the Deputy Chiefs of Staff shall be general officers of the Air Force detailed to those positions. In case of a vacancy in the office or the absence or disability of the Chief of Staff, the Vice Chief of Staff or the senior Deputy Chief of Staff, who is not absent or disabled, shall, unless otherwise directed by the President, perform the duties of Chief of Staff until his successor is appointed or such absence or disability shall cease.
In case of a vacancy in the position, or the absence or disability, of the Vice Chief of Staff, 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 his successor is designated or such absence or disability shall cease.
Sec. 204.
Under the direction of the Secretary of the Air Force,
Duties of Chief of Staff.
the Chief of Staff shall exercise command over the air defense command, the strategic air command, the tactical air command, and such other major commands as may be established by the Secretary under
Post, p. 332.
section 308 (b), and shall have supervision over all other members and organizations of the Air Force, shall perform the duties prescribed for him by the National Security Act of 1947, as amended, and by
other laws, and shall perform such other military duties not otherwise assigned by law as may be assigned to him by the President.
The Chief of Staff shall preside over the Air Staff. Subject to the provisions of section 101 of this Act, and of subsection (c) of
Ante, p. 326.
this section, he shall be directly responsible to the Secretary of the Air Force for the efficiency of the Air Force, its state of preparation for military operations, and plans therefor. He shall transmit to the Secretary of the Air Force the plans and recommendations of the Air Staff, shall advise him in regard thereto, and, upon the approval of such plans or recommendations by the Secretary of the Air Force, he shall act as the agent of the Secretary of the Air Force in carrying the same into effect.
Except as otherwise prescribed by law, the Chief of Staff shall perform his duties under the direction of the Secretary of the Air Force.
Sec. 205.
The Air Staff shall render professional aid and
Duties of the Air Staff.
assistance to the Secretary of the Air Force, the Under Secretary of the Air Force, the Assistant Secretaries of the Air Force, and the Chief of Staff.
It shall be the duty of the Air Staff—
to prepare such plans for the national security, and the use of the Air Force for that purpose, both separately and in conjunction with land and naval forces, and for recruiting, organizing, supplying, equipping, training, serving, mobilizing, and demobilizing the Air Force, as will assist the execution of any power vested in, duty imposed upon, or function assigned to the Secretary of the Air Force or the Chief of Staff;
to investigate and report upon all questions affecting the efficiency of the Air Force and its state of preparation for military operations,
to prepare detailed instructions for the execution of approved plans and to supervise the execution of such plans and instructions;
to act as the agents of the Secretary of the Air Force and the Chief of Staff in coordinating the action of all organizations of the Air Force Establishment; and
to perform such other duties not otherwise assigned by law as may be prescribed by the Secretary of the Air Force.
TITLE III— COMPOSITION AND ORGANIZATION OF THE AIR FORCE
Sec. 301.
The United States Air Force shall consist of the Regular Air Force, the Air Force Reserve, the Air National Guard of the United States and the Air National Guard while in the service of the United States; and shall include persons inducted, enlisted, or appointed without specification of component in the Air Force, and all persons serving in the Air Force under call or conscription under any provision of law, including members of the Air National Guard of the several States, Territories, and the District of Columbia when in the service of the United States pursuant to call as provided by law.
Sec. 302.
The Regular Air
Regular Air Force.
Force is that component of the Air Force which consists of persons whose continuous service on active duty in both peace and war is contemplated by law, and of persons who are retired members of the Regular Air Force.
The Regular Air Force shall include the commissioned officers, warrant officers, and airmen holding appointments or enlisted in the Regular Air Force as now or hereafter provided by law, the retired commissioned officers, warrant officers, and airmen of the Regular Air Force, and such other persons as are now or may hereafter be specified by law. No person who is now a member of the Regular Air Force, active or retired, shall, by reason of the enactment of this Act, be deprived of his membership in the Regular Air Force.
Sec. 303.
The Air Force Reserve referred to in the Army and Air
Air Force Reserve.
Force Authorization Act of 1949 shall be a Reserve component of the
Air Force to provide a reserve for military service, and shall consist of all persons appointed or enlisted therein, or transferred therein, as now or hereafter provided by law.
Sec. 304.
The Air National Guard of the United States referred to
Air National Guard.
in the Army and Air Force Authorization Act of 1949 shall be a Reserve component of the Air Force to provide a reserve for military service, and shall consist of all federally recognized units and organizations of the Air National Guard of the several States, Territories, and District of Columbia, and of all personnel of the Air National Guard of the several States, Territories, and District of Columbia who shall have been appointed or enlisted in the Air National Guard of the United States, or who shall have been temporarily extended Federal recognition by the Secretary of the Air Force pursuant to
32 U. S. C. § 4b (b) and note.
section 530 of the Career Compensation Act of 1949 (63 Stat. 802).
Sec. 305.
The Air National Guard referred to in the Army and Air Force Authorization Act of 1949, which consists of those units, organizations, and personnel of the National Guard (as that term is defined
in section 71 of the National Defense Act, as amended) for which Federal responsibility has been vested in the Secretary of the Air Force or the Department of the Air Force pursuant to law, shall be, while in the service of the United States, a component of the Air Force.
Sec. 306.
All persons inducted in or holding appointments or enlistments
Status of personnel.
in the Air Force or transferred therein pursuant to the National
Security Act of 1947, as amended, on the effective date of this Act, shall be deemed, without further action, to hold their military status in the corresponding components set forth in section 301 of this Act or in the Air Force without specification of component and without specification of any arm, branch, service, or corps.
Sec. 307.
Qualified members of the Air Force shall be designated
Duties requiring special training, etc.
Designation of personnel.
to perform medical, dental, medical service, veterinary, nursing, women’s medical specialist, judge advocate, chaplain, or other duties requiring special training or experience, under regulations prescribed by the Secretary of the Air Force. Qualifications for designations under this subsection shall be prescribed by the Secretary of the Air Force in conformity with qualifications specified in any of the following statutory provisions for the respective types of duties:
Act of August 5, 1947 (ch. 494, title II, sec. 201; 61 Stat. 777 (10 U. S. C. 91a, 121a)).
Act of April 23, 1907 (ch. 150, sec. 4, 35 Stat. 67 (10 U. S. C. 93)).
Act of April 16, 1947 (ch. 38, title I, sec. 101 (c); 61 Stat. 41, 10 U. S. C. 166 (c)).
Act of April 16, 1947 (ch. 38, title I, sec. 102 (c); 61 Stat. 42, 10 U. S. C. 166a (c)).
Act of March 2, 1899 (ch. 352, sec. 7, 30 Stat. 979; 10 U. S. C. 232).
Act of April 16, 1947 (ch. 38, title I, sec. 116; 61 Stat. 46, 10 U. S. C. 376).
Act of August 7, 1947 (ch. 512, title V, sec. 506; 61 Stat. 890, 10 U. S. C. 506c).
Act of May 16, 1950 (ch. 186, sec. 1; 64 Stat. 160, 10 U. S. C. 166b–1, 2).
Original appointments made with a view to designation for the
Original appointments.
performance of duties under subsection (a) of this section shall be in the grades prescribed in any of the following statutory provisions for the respective types of duties:
Act of August 5, 1947 (ch. 494, title II, sec. 201; 61 Stat. 777, 10 U. S. C. 91a, 121a).
Act of April 16, 1947 (ch. 38, title I, sec. 101 (c); 61 Stat. 41, 10 U. S. C. 166 (c)).
Act of April 16, 1947 (ch. 38, title I, sec. 102 (c); 61 Stat. 42, 10 U. S.C. 166a (c)).
Act of April 16, 1947 (ch. 38, title I, sec. 104; 61 Stat. 43, as amended May 16, 1950; ch. 186, sec. 3 (b); 64 Stat. 160, 10 U. S. C. 166c).
Act of April 16, 1947 (ch. 38, title I, sec. 105; 61 Stat. 43, 10 U. S. C. 166d).
Act of April 16, 1947 (ch. 38, title I, sec. 116; 61 Stat. 46, 10 U. S. C. 376).
Act of August 7, 1947 (ch. 512, title V, sec. 506; 61 Stat. 890, 10 U. S. C. 506c).
Act of May 16, 1950 (ch. 186, secs. 1, 2; 64 Stat. 160, 10 U. S. C. 166b–1, 2, d–1).
Members of the Air Force designated to perform duties under
Benefits; conditions.
subsection (a) of this section shall, while performing such duties, have the benefits and be subject to the conditions provided by the following statutory provisions, insofar as the same are presently in effect, relating to their respective types of duties and components:
Act of August 5, 1947 (ch. 494, title II, sec. 201; 61 Stat. 777, 10 U. S. C. 91a, 121a).
Act of April 23, 1908 (ch. 150, sec. 5; 35 Stat. 67, 10 U. S. C. 101, 102).
Act of March 3, 1909 (ch. 252, 35 Stat. 737, 10 U. S. C. 103).
Act of June 3, 1916 (ch. 134, sec. 24c, as added June 4, 1920; ch. 227, sec. 24; 41 Stat. 774, and amended August 7, 1947; ch. 512, title V, sec. 507 (d) (1); 61 Stat. 894, 10 U. S. C. 125, 143a).
Act of April 16, 1947 (ch. 38, title I, sec. 105; 61 Stat. 43, as amended May 16, 1950; ch. 186, secs. 1, 2, 64 Stat. 160, 10 U. S. C. 166d).
Act of April 16, 1947 (ch. 38, title I, sec. 106; 61 Stat. 44, 10 U. S. C. 166e).
Act of April 16, 1947 (ch. 38, title I, sec. 107; 61 Stat. 44, as amended May 16, 1950; ch. 186, sec. 3 (c), 64 Stat. 160, 10 U. S. C. 166f).
Act of April 16, 1947 (ch. 38, title I, sec. 108 (a); 61 Stat. 44, as amended May 16, 1950; ch. 186, sec. 3 (d); 64 Stat. 160, 10 U. S. C. 166g (a)).
Act of April 16, 1947 (ch. 38, title I, sec. 109; 61 Stat. 45, 10 U. S. C. 166h).
Act of April 16, 1947 (ch. 38, title I, sec. 110; 61 Stat. 46, as amended May 16, 1950; ch. 186, sec. 3 (f); 64 Stat. 160, 10 U. S. C. 166i).
Revised Statutes, section 1122 (10 U. S. C. 235).
Act of June 24, 1948 (ch. 632, sec. 1; 62 Stat. 650, 10 U. S. C. 2910–1).
Act of August 7, 1947 (ch. 512, title V, sec. 506 (c); 61 Stat. 890, 10 U. S. C. 506c (c)).
Act of August 7, 1947 (ch. 512, title V, sec. 505; 61 Stat. 888, 10 U. S. C. 559).
Act of August 7, 1947 (ch. 512, title V, sec. 517; 61 Stat. 909, 10 U. S. C. 559h).
Act of August 7, 1947 (ch. 512, title V, sec. 514 (d); 61 Stat. 902, 10 U. S. C. 941a (d)).
Act of May 29, 1928 (ch. 902, 45 Stat. 996, as amended January 29, 1938; ch. 12, sec. 2; 52 Stat. 8, 10 U. S. C. 953a).
Act of June 29, 1948 (ch. 708, title II, sec. 203 (d); 62 Stat. 1085, 10 U. S. C. 1003).
Act of October 12, 1949 (ch. 681; title II, sec. 203; 63 Stat. 809, 37 U. S. C. 234).
Separate promotion lists are authorized, within the discretion of
Separate promotion lists.
the Secretary, for each of the categories of duties to which members of the Air Force are designated under section 307 (a) of this Act. Seniority and numbers in the several grades on the promotion lists so established under this section shall be as prescribed by the Secretary of the Air Force in accordance with the provisions of sections 505 (b) and 505 (d) of the Officer Personnel Act of 1947 (61 Stat. 888; 10 U. S. C. 559 (b), 559 (d.)): Provided, That such provisions of said section 505 (b) as relate to medical, dental, and chaplain officers shall, for the purposes of this section, also be applicable to officers designated to perform judge advocate duties in the Air Force.
Sec. 308.
There shall be within the Air Force—
Commands.
the following major air commands:
an air defense command;
a strategic air command; and
a tactical air command;
such other commands and organizations as may from time to time be established by the Secretary of the Air Force in the interest of efficiency and economy of operation.
For the duration of any war or national emergency declared by the President or the Congress, the Secretary of the Air Force may establish new major commands in lieu of, or discontinue or consolidate the major commands enumerated in, subsection (a) (1) of this section.
Sec. 309.
For Air Force purposes, the United States of America, its
Air Force areas.
Territories and possessions, and other territory in which elements of the Air Force may be stationed or operate, may be divided into such areas as directed by the Secretary of the Air Force; and officers of the Air Force may be assigned to command of the Air Force activities, installations and personnel in such areas. In the discharge of the Air Force’s functions or such other functions as may be authorized by other provisions of law, officers of the Air Force so assigned shall perform such duties and exercise such powers as the Secretary of the Air Force may prescribe.
Sec. 310.
There shall be in the Air Force a Judge Advocate
Judge Advocate General of the Air Force.
General who shall be appointed, subject to the provisions of the Act of May 5, 1950 (64 Stat. 147; 50 U. S. C. 741), by the President, by and with the advice and consent of the Senate, for a term of four years, which term may be extended by the President at his discretion. Any such appointment may be terminated at any time by the President
Grade.
at his discretion. An officer heretofore or hereafter appointed as Judge Advocate General of the Air Force shall not be a chief of a branch, arm, or service within the meaning of section 513 of the Officer Personnel Act of 1947 (61 Stat. 901; 10 U. S. C. 559g) but he shall nevertheless, if he does not already hold a permanent appointment in the Regular Air Force in the grade of major general, be appointed by the President, by and with the advice and consent of the Senate, as a permanent major general in the Regular Air Force. The officer serving as Judge Advocate General on the effective date, of this Act shall, subject to the provisions of this section, continue to hold his appointment as Judge Advocate General and no reappointment of such officer as Judge Advocate General shall be required after the enactment of this Act.
The Secretary of the Air Force, the Judge Advocate General
Administration of military justice.
of the Air Force, and officers heretofore or hereafter designated as judge advocates shall be vested with and shall exercise the same powers and duties with respect to the administration of military justice within the Air Force as are vested in the Secretary of the Army, the Judge Advocate General of the Army and judge advocates of the Army, respectively, with respect to the administration of military justice within the Army. The Judge Advocate General of the Air Force shall perform such other legal duties as may be directed by the Secretary of the Air Force.
TITLE IV— REPEALS, AMENDMENTS, AND SAVING PROVISIONS
Sec. 401.
The following laws and parts of laws are hereby repealed:
The proviso of section 401 of the Army Organization Act of 1950 and all laws and parts of laws set forth in said section to the
extent applicable to the Department of the Air Force or the Air Force Establishment and not heretofore repealed;
Sections 1, 2, and 3 of the Act of June 25, 1948 (62 Stat. 1014; 5 U. S. C. 627 j–1): Provided, That such repeal shall not affect the existing applicability of the Articles of War to the Air Force and actions under such articles shall be enforced in the same manner and with the same effect as if this Act had not been passed.
All other laws and parts of laws to the extent that they are inconsistent with the provisions of this Act are hereby repealed.
Sec. 402.
The National Security Act of 1947, as amended, is hereby amended by striking out the words “command over the United States Air Force” in section 208 (b) thereof and substituting in lieu thereof
the words “command over the air defense command, the strategic air command, the tactical air command, and such other major commands as may be established by the Secretary under section 308 (b) of the Air Force Organization Act of 1951, and shall have supervision over all other members and organizations of the Air Force,”.
Sec. 403.
All laws and parts of laws not inconsistent with the provisions of this Act applicable to the Air Force Establishment, or to organizations, components or personnel thereof, whether so applicable by their terms or by operation of the National Security Act of 1947, as amended, shall continue in effect and shall be construed to apply to the Air Force Establishment and to the corresponding successive organizations, components, and personnel as set forth in this Act.
Sec. 404.
Nothing in this Act shall require the reappointment
Reappointment; redesignation.
or redesignation of any person in the Air Force Establishment occupying a position or performing a duty as now prescribed by law.
Except as otherwise expressly provided in this Act every power
Prior powers and duties.
vested in and every duty imposed upon any office or officer, civilian or military, of the Air Force Establishment by any law, regulation, or order in force immediately prior to the effective date of this Act, shall continue to be applicable to such office and exercised and performed by such officer until the Secretary of the Air Force shall otherwise direct in accordance with the authority conferred upon him by this Act.
Sec. 405.
Except as provided in section 305, nothing contained in this Act shall be construed to amend or repeal the provisions of law pertaining to the National Guard, the Air National Guard or the Chief of the National Guard Bureau.
Sec. 406.
Under such regulations as may be prescribed by the Secretary
Intrusting of moneys.
of the Air Force, officers of the Air Force accountable for public moneys may intrust moneys to other officers of the Air Force for the purpose of having them make disbursements as their agents, and the officer to whom the moneys are intrusted, as well as the officer who intrusts the moneys to him, shall be held pecuniarily responsible therefor to the United States.
Sec. 407.
Except as provided in section 402 of this Act, nothing in this Act shall be construed as amending, repealing, limiting, enlarging, or in any way modifying any provision of the National Security Act
Separability.
of 1947, as amended.
Sec. 408.
If any provision of this Act or the application thereof to any person or circumstances be held invalid, the validity of the remainder of the Act and of the application of such provisions to other persons and circumstances shall not be affected thereby.
Approved September 19, 1951.