§ 9013. Secretary of the Air Force

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Goldwater-Nichols Department of Defense Reorganization Act of 1986

   Pub. L. 99–433 title V § 521(a)(3) · 100 Stat. 992

   Enacted · 10 U.S.C. § 9013

   Added Pub. L. 99–433, title V, § 521(a)(3), Oct. 1, 1986, 100 Stat. 1055, § 8013

   Source evidence

   Code source credit
   Added Pub. L. 99–433, title V, § 521(a)(3), Oct. 1, 1986, 100 Stat. 1055, § 8013

   Enacted provision · exact public law section
   (3) Chapter 803 is amended by striking out sections 8013, 8014, and 8015 (as redesignated by paragraph (1)) and inserting in lieu thereof the following: “§ 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 10 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 Ante, p. 1012. 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 outthe 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. “§ 8014. Office of the Secretary of the Air Force “(a) There is in the Department of the Air Force an Office of the Secretary of the Air Force. The function of the Office is to assist the Secretary of the Air Force in carrying out his responsibilities. “(b) The Office of the Secretary of the Air Force is composed of the following: “(1) The Under Secretary of the Air Force. “(2) The Assistant Secretaries of the Air Force. “(3) The General Counsel of the Department of the Air Force. “(4) The Inspector General of the Air Force. “(5) The Air Reserve Forces Policy Committee. “(6) Such other offices and officials as may be established by law or as the Secretary of the Air Force may establish or designate. “(c) (1) The Office of the Secretary of the Air Force shall have sole responsibility within the Office of the Secretary and the Air Staff for the following functions: “(A) Acquisition. “(B) Auditing. “(C) Comptroller (including financial management). “(D) Information management. “(E) Inspector General. “(F) Legislative affairs. “(G) Public affairs. “(2) The Secretary of the Air Force shall establish or designate a single office or other entity within the Office of the Secretary of the Air Force to conduct each function specified in paragraph (1). No office or other entity may be established or designated within the Air Staff to conduct any of the functions specified in paragraph (1). “(3) The Secretary shall prescribe the relationship of each office or other entity established or designated under paragraph (2) to the Chief of Staff and to the Air Staff and shall ensure that each such office or entity provides the Chief of Staff such staff support as the Chief of Staff considers necessary to perform his duties and responsibilities. “(4) The vesting in the Office of the Secretary of the Air Force of the responsibility for the conduct of a function specified in paragraph (1) does not preclude other elements of the executive part of the Department of the Air Force (including the Air Staff) from providing advice or assistance to the Chief of Staff or otherwise participating in that function within the executive part of the Department under the direction of the office assigned responsibility for that function the Office of the Secretary of the Air Force. “(d) (1) Subject to paragraph (2), the Office of the Secretary of the Air Force shall have sole responsibility within the Office of the Secretary and the Air Staff for the function of research and development. “(2) The Secretary of the Air Force may assign to the Air Staff responsibility for those aspects of the function of research and development that relate to military requirements and test and evaluation. “(3) The Secretary shall establish or designate a single office or other entity within the Office of the Secretary of the Air Force to conduct the function specified in paragraph (1). “(4) The Secretary shall prescribe the relationship of the office or other entity established or designated under paragraph (3) to the Chief of Staff of the Air Force and to the Air Staff and shall ensure that each such office or entity provides the Chief of Staff such staff support as the Chief of Staff considers necessary to perform his duties and responsibilities. “(e) The Secretary of the Air Force shall ensure that the Office of the Secretary of the Air Force and the Air Staff do not duplicate specific functions for which the Secretary has assigned responsibility to the other. “(f) (1) The total number of members of the armed forces and civilian employees of the Department of the Air Force assigned or detailed to permanent duty in the Office of the Secretary of the Air Force and on the Air Staff may not exceed 2,639. “(2) Not more than 1,585 officers of the Air Force on the active-duty list may be assigned or detailed to permanent duty in the Office of the Secretary of the Air Force and on the Air Staff. “(3) The total number of general officers assigned or detailed to permanent duty: in the Office of the Secretary of the Air Force and on the Air Staff may not exceed the number equal to 85 percent of the number of general officers assigned or detailed to such duty on the date of the enactment of this subsection. “(4) The limitations in paragraphs (1), (2), and (3) do not apply in time of war or during a national emergency declared by Congress. The President of U.S. limitation in paragraph (2) does not apply whenever the President determines that it is in the national interest to increase the number of officers assigned or detailed to permanent duty in the Office of the Secretary of the Air Force or on the Air Staff. “(5) The limitations in paragraphs (1), (2), and (3) do not apply before October 1, 1988. “§ 8015. Under Secretary of the Air Force “(a) There is an Under Secretary of the Air Force, appointed from civilian life by the President, by and with the advice and consent of the Senate. “(b) The Under Secretary shall perform such duties and exercise such powers as the Secretary of the Air Force may prescribe. “§ 8016. Assistant Secretaries of the Air Force “(a) There are three Assistant Secretaries of the Air Force. They shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. “(b) (1) The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of the Air Force may prescribe. “(2) One of the Assistant Secretaries shall be the Assistant Secretary of the Air Force for Manpower and Reserve Affairs. He shall have as his principal duty the overall supervision of manpower and reserve component affairs of the Department of the Air Force.”.

2. 1986

   Department of Defense Authorization Act, 1987

   Pub. L. 99–661 div. A title V § 534 · 100 Stat. 3816

   Substituted · 10 U.S.C. § 9013(a)(2)

   Pub. L. 99–661 substituted “five years” for “10 years”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 99–661 substituted “five years” for “10 years”.

   Enacted provision · exact public law section
   SEC. 534. REDUCTION IN NUMBER OF YEARS PERSON MUST BE OFF ACTIVE DUTY BEFORE APPOINTMENT AS SERVICE SECRETARY Sections 3013(a)(2), 5013(a)(2), and 8013(a)(2) of title 10, United States Code (as added by sections 501, 511, and 521, respectively of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99–433)), are amended by striking out “10 years” Ante, pp. 1034, 1042, 1055. and inserting in lieu thereof “five years”.

3. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 div. A title IX § 901 · 117 Stat. 1392

   Struck · 10 U.S.C. § 9013(c)(4)

   Pub. L. 108–136 struck out “(to the maximum extent practicable)” after “fulfill”

   Source evidence

   Code amendment note
   Subsec. (c)(4). Pub. L. 108–136 struck out “(to the maximum extent practicable)” after “fulfill”.

   Enacted provision · exact public law section
   SEC. 901. CLARIFICATION OF RESPONSIBILITY OF MILITARY DEPARTMENTS TO SUPPORT COMBATANT COMMANDS.   Sections 3013(c)(4), 5013(c)(4), and 8013(c)(4) of title 10, United States Code, are amended by striking “(to the maximum extent practicable)”.

4. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 div. A title IX § 931(c) · 130 Stat. 2000

   Inserted · 10 U.S.C. § 9013(a)(1)

   Pub. L. 114–328 inserted “The Secretary shall, to the greatest extent practicable, be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management or leadership experience.” after first sentence

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 114–328 inserted “The Secretary shall, to the greatest extent practicable, be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management or leadership experience.” after first sentence.

   Enacted provision · exact public law section
   (c) Secretary of the Air Force.— Section 8013(a)(1) of such title is amended by inserting after the first sentence the following new sentence: “The Secretary shall, to the greatest extent practicable, be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management or leadership experience.”.

5. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title VIII § 806(c) · 132 Stat. 1636

   Changed · 10 U.S.C. § 9013

   Pub. L. 115–232 renumbered section 8013 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–232 renumbered section 8013 of this title as this section.

   Enacted provision · exact public law section
   (c) Subtitle D, Part I, Section Numbers.— Each 10 USC prec. 9511, prec. 9531, prec. 9561, prec. 9591, prec. 9621, prec. 9651, prec. 9681, prec. 9711, prec. 9741, prec. 9771, prec. 9801, prec. 9831. section in part I of such subtitle is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,000.

6. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 923(b)(1)(A) · 134 Stat. 3388

   Inserted · 10 U.S.C. § 9013(f)

   Pub. L. 116–283, § 923(b)(1)(A), inserted “and officers of the Space Force” after “Officers of the Air Force”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 116–283, § 923(b)(1)(A), inserted “and officers of the Space Force” after “Officers of the Air Force”.

   Enacted provision · exact public law section
   (A) in subsection (f), by inserting “and officers of the Space Force” after “Officers of the Air Force”; and

7. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 923(b)(1)(B) · 134 Stat. 3388

   Inserted · 10 U.S.C. § 9013(g)(1)

   Pub. L. 116–283, § 923(b)(1)(B), inserted “, members of the Space Force,” after “members of the Air Force”

   Source evidence

   Code amendment note
   Subsec. (g)(1). Pub. L. 116–283, § 923(b)(1)(B), inserted “, members of the Space Force,” after “members of the Air Force”.

   Enacted provision · exact public law section
   (B) in subsection (g)(1), by inserting “, members of the Space Force,” after “members of the Air Force”.

8. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 div. A title IX § 901(e) · 135 Stat. 1541

   Substituted · 10 U.S.C. § 9013(a)(2)

   Pub. L. 117–81 substituted “seven” for “five”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 117–81 substituted “seven” for “five”.

   Enacted provision · exact public law section
   (e) Secretary of the Air Force.— Section 9013(a)(2) of title 10, United States Code, is amended by striking “five” and inserting “seven”.

   Effective date note
   Amendment by Pub. L. 117–81 applicable with respect to appointments made on or after Dec. 27, 2021, see section 901(g) of Pub. L. 117–81, set out as a note under section 113 of this title.

8 of 8 references resolved to an enrolled provision