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:
The Under Secretary of the Air Force.
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.
The General Counsel of the Department of the Air Force.
The Chief of Staff.
The Chief of Space Operations.
Footnotes
- 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.
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, § 8017Pub. 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”.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)”.Goldwater-Nichols Department of Defense Reorganization Act of 1986
Pub. L. 99–433 title V § 521(a)(4) · 100 Stat. 992
Struck · 10 U.S.C. § 9017
Pub. L. 99–433 struck out subsec. (a) designation
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”
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).National Defense Authorization Act for Fiscal Year 1995
Pub. L. 103–337 div. A title IX § 902(c) · 108 Stat. 2663
Added · 10 U.S.C. § 9017(3); 10 U.S.C. § 9017(4)
Pub. L. 103–337 added par. (3)
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.”.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.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 section | Source (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.”
1968
Subsec. (b). Pub. L. 90–235 substituted “section 973(b) of this title” for “section 8544(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
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 489, § 8017
- 1966Pub. L. 89–718, § 23, , 80 Stat. 1118
- 1968Pub. L. 90–235, § 4(a)(9), , 81 Stat. 760
- 1986Pub. L. 99–433, title V, § 521(a)(4), , 100 Stat. 1058
- 1994Pub. L. 103–337, div. A, title IX, § 902(c), , 108 Stat. 2823
- 2018renumbered § 9017, Pub. L. 115–232, div. A, title VIII, § 806(c), , 132 Stat. 1833
- 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.)