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Title 10 — Armed Forces

Part I · Chapter 903 — Department of the Air Force

§ 9017. Secretary of the Air Force: successors to duties

Statutory text

If the Secretary of the Air Force dies, resigns, is removed from office, is absent, or is disabled, the person who is highest on the following list, and who is not absent or disabled, shall perform the duties of the Secretary until the President, under section 3347 1 of title 5, directs another person to perform those duties or until the absence or disability ceases:

(1)

The Under Secretary of the Air Force.

(2)

The Assistant Secretaries of the Air Force, in the order prescribed by the Secretary of the Air Force and approved by the Secretary of Defense.

(3)

The General Counsel of the Department of the Air Force.

(4)

The Chief of Staff.

(5)

The Chief of Space Operations.

Footnotes

  1. 1 See References in Text note below.

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. Aug. 10, 1956, ch. 1041, 70A Stat. 489, § 8017 · 70A Stat. 489

    Enacted · 10 U.S.C. § 9017

    Aug. 10, 1956, ch. 1041, 70A Stat. 489, § 8017

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 489, § 8017

  2. Pub. L. 89–718 § 23 · 80 Stat. 1113

    Substituted · 10 U.S.C. § 9017

    Pub. L. 89–718 substituted “section 3347 of title 5” for “section 6 of title 5” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 89–718 substituted “section 3347 of title 5” for “section 6 of title 5” wherever appearing.

    Enacted provision · exact public law section
    Sec. 23. Sections 3017 and 8017 of title 10, United States Code, are each amended by striking out the figure “6” wherever it appears and inserting in place thereof the figure “3347”.

  3. Pub. L. 90–235 § 4(a)(9) · 81 Stat. 753

    Substituted · 10 U.S.C. § 9017(b)

    Pub. L. 90–235 substituted “section 973(b) of this title” for “section 8544(b) of this title”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 90–235 substituted “section 973(b) of this title” for “section 8544(b) of this title”.

    Enacted provision · exact public law section
    (9) Section 8017(b) is amended by striking out “8544(b)” and inserting in place thereof “973(b)”.

  4. Goldwater-Nichols Department of Defense Reorganization Act of 1986

    Pub. L. 99–433 title V § 521(a)(4) · 100 Stat. 992

    1. Struck · 10 U.S.C. § 9017

      Pub. L. 99–433 struck out subsec. (a) designation

    2. Substituted · 10 U.S.C. § 9017

      Pub. L. 99–433 substituted in par. (2) “, in the order prescribed by the Secretary of the Air Force and approved by the Secretary of Defense” for “in order of their length of service as such”

    3. Struck · 10 U.S.C. § 9017

      Pub. L. 99–433 struck out subsec. (b) which read as follows: “Performance of the duties of the Secretary by the Chief of Staff or any officer of the Air Force designated under section 3347 of title 5 shall not be considered as the holding of a civil office within the meaning of section 973(b) of this title.”

    Source evidence

    Code amendment note
    Pub. L. 99–433 struck out subsec. (a) designation, substituted in par. (2) “, in the order prescribed by the Secretary of the Air Force and approved by the Secretary of Defense” for “in order of their length of service as such”, and struck out subsec. (b) which read as follows: “Performance of the duties of the Secretary by the Chief of Staff or any officer of the Air Force designated under section 3347 of title 5 shall not be considered as the holding of a civil office within the meaning of section 973(b) of this title.”

    Enacted provision · exact public law section
    (4) Section 8017 is amended— (A) by striking out “(a)” at the beginning of the text of such section; (B) by striking out clause (2) and inserting in lieu thereof the following: “(2) The Assistant Secretaries of the Air Force, in the order prescribed by the Secretary of the Air Force and approved by the Secretary of Defense.”; and (C) by striking out subsection (b).

  5. National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 div. A title IX § 902(c) · 108 Stat. 2663

    1. Added · 10 U.S.C. § 9017(3); 10 U.S.C. § 9017(4)

      Pub. L. 103–337 added par. (3)

    2. Redesignated · 10 U.S.C. § 9017(3); 10 U.S.C. § 9017(4)

      Pub. L. 103–337 redesignated former par. (3) as (4)

    Source evidence

    Code amendment note
    Pars. (3), (4). Pub. L. 103–337 added par. (3) and redesignated former par. (3) as (4).

    Enacted provision · exact public law section
    (c) Air Force.— Section 8017 of such title is amended— 10 USC 8017. (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph (3): “(3) The General Counsel of the Department of the Air Force.”.

  6. 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. § 9017

    Pub. L. 115–232 renumbered section 8017 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232 renumbered section 8017 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.

    Effective date note
    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.

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

    Pub. L. 116–283 div. A title IX § 923(b)(3) · 134 Stat. 3388

    Added · 10 U.S.C. § 9017(5)

    Pub. L. 116–283 added par. (5)

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 116–283 added par. (5).

    Enacted provision · exact public law section
    (3) Secretary of the air force: successors to duties.— Section 9017 of such title is amended by adding at the end the following new paragraph: “(5) The Chief of Space Operations.” .

9 of 10 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8017(a)8017(b)5:626–1(b).5:626–1(c).Sept. 19, 1951, ch. 407, § 102 (less (a)), 65 Stat. 327.

In subsection (a), the word “person” is substituted for the words “officer of the United States”. The words “until a successor is appointed” are omitted as surplusage.

Subsection (b) is substituted for 5:626–1(c) and states the effect of section 8544(b) of this title.

Editorial Notes

References in Text

Section 3347 of title 5, referred to in text, was repealed and a new section 3347 was enacted by Pub. L. 105–277, div. C, title I, § 151(b), , 112 Stat. 2681–611, and, as so enacted, no longer contains provisions authorizing the President to direct temporary successors to duties. See section 3345 of Title 5, Government Organization and Employees.

Amendments1966–2021 · 6 rounds

2021

Par. (5). Pub. L. 116–283 added par. (5).

2018

Pub. L. 115–232 renumbered section 8017 of this title as this section.

1994

Pars. (3), (4). Pub. L. 103–337 added par. (3) and redesignated former par. (3) as (4).

1986

Pub. L. 99–433 struck out subsec. (a) designation, substituted in par. (2) “, in the order prescribed by the Secretary of the Air Force and approved by the Secretary of Defense” for “in order of their length of service as such”, and struck out subsec. (b) which read as follows: “Performance of the duties of the Secretary by the Chief of Staff or any officer of the Air Force designated under section 3347 of title 5 shall not be considered as the holding of a civil office within the meaning of section 973(b) of this title.”

1966

Pub. L. 89–718 substituted “section 3347 of title 5” for “section 6 of title 5” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective , 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.

Executive Documents

Order of Succession

For order of succession in event of death, permanent disability, or resignation of Secretary of the Air Force, see Ex. Ord. No. 12909, , 59 F.R. 21909, listed in a table under section 3345 of Title 5, Government Organization and Employees.

Credits

1956–2021 · 7 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 489, § 8017
  2. 1966Pub. L. 89–718, § 23, , 80 Stat. 1118
  3. 1968Pub. L. 90–235, § 4(a)(9), , 81 Stat. 760
  4. 1986Pub. L. 99–433, title V, § 521(a)(4), , 100 Stat. 1058
  5. 1994Pub. L. 103–337, div. A, title IX, § 902(c), , 108 Stat. 2823
  6. 2018renumbered § 9017, Pub. L. 115–232, div. A, title VIII, § 806(c), , 132 Stat. 1833
  7. 2021Pub. L. 116–283, div. A, title IX, § 923(b)(3), , 134 Stat. 3808.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 489, § 8017; Pub. L. 89–718, § 23, , 80 Stat. 1118; Pub. L. 90–235, § 4(a)(9), , 81 Stat. 760; Pub. L. 99–433, title V, § 521(a)(4), , 100 Stat. 1058; Pub. L. 103–337, div. A, title IX, § 902(c), , 108 Stat. 2823; renumbered § 9017, Pub. L. 115–232, div. A, title VIII, § 806(c), , 132 Stat. 1833; Pub. L. 116–283, div. A, title IX, § 923(b)(3), , 134 Stat. 3808.)

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