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10 U.S.C. § 9062 — Policy; composition; aircraft authorization

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9062 — Policy; composition; aircraft authorization

**(a)** It is the intent of Congress to provide an Air Force that is capable, in conjunction with the other armed forces, of— (1) preserving the peace and security, and providing for the defense, of the United States, the Commonwealths and possessions, and any areas occupied by the United States; (2) supporting the national policies; (3) implementing the national objectives; and (4) overcoming any nations responsible for aggressive acts that imperil the peace and security of the United States. **(b)** There is a United States Air Force within the Department of the Air Force. **(c)** In general, the Air Force includes aviation forces both combat and service not otherwise assigned. It shall be organized, trained, and equipped primarily for prompt and sustained offensive and defensive air operations. It is responsible for the preparation of the air forces necessary for the effective prosecution of war except as otherwise assigned and, in accordance with integrated joint mobilization plans, for the expansion of the peacetime components of the Air Force to meet the needs of war. **(d)** The Air Force consists of— (1) the Regular Air Force, the Air National Guard of the United States, the Air National Guard while in the service of the United States, and the Air Force Reserve; (2) all persons appointed or enlisted in, or conscripted into, the Air Force without component; and (3) all Air Force units and other Air Force organizations, with their installations and supporting and auxiliary combat, training, administrative, and logistic elements; and all members of the Air Force, including those not assigned to units; necessary to form the basis for a complete and immediate mobilization for the national defense in the event of a national emergency. **(e)** Subject to sub

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Source file: Laws/federal/codes/united-states-code/title-10/section-9062-policy-composition-aircraft-authorization--b1c7f37d3b.md
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Source location: Title 10, Chapter 907, § 9062; chapter-907-the-air-force.md

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**(a)** It is the intent of Congress to provide an Air Force that is capable, in conjunction with the other armed forces, of— (1) preserving the peace and security, and providing for the defense, of the United States, the Commonwealths and possessions, and any areas occupied by the United States; (2) supporting the national policies; (3) implementing the national objectives; and (4) overcoming any nations responsible for aggressive acts that imperil the peace and security of the United States. **(b)** There is a United States Air Force within the Department of the Air Force. **(c)** In general, the Air Force includes aviation forces both combat and service not otherwise assigned. It shall be organized, trained, and equipped primarily for prompt and sustained offensive and defensive air operations. It is responsible for the preparation of the air forces necessary for the effective prosecution of war except as otherwise assigned and, in accordance with integrated joint mobilization plans, for the expansion of the peacetime components of the Air Force to meet the needs of war. **(d)** The Air Force consists of— (1) the Regular Air Force, the Air National Guard of the United States, the Air National Guard while in the service of the United States, and the Air Force Reserve; (2) all persons appointed or enlisted in, or conscripted into, the Air Force without component; and (3) all Air Force units and other Air Force organizations, with their installations and supporting and auxiliary combat, training, administrative, and logistic elements; and all members of the Air Force, including those not assigned to units; necessary to form the basis for a complete and immediate mobilization for the national defense in the event of a national emergency. **(e)** Subject to subsection (f) of this section, chapter 911 of this title, and the strength authorized by law pursuant to [section 115 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section115&num=0&edition=prelim), the authorized strength of the Air Force is 70 Regular Air Force groups and such separate Regular Air Force squadrons, reserve groups, and supporting and auxiliary regular and reserve units as required. **(f)** There are authorized for the Air Force 24,000 serviceable aircraft or 225,000 airframe tons of serviceable aircraft, whichever the Secretary of the Air Force considers appropriate to carry out this section. This subsection does not apply to guided missiles. **(g)** (1) Effective October 1, 2011, the Secretary of the Air Force shall maintain a total aircraft inventory of strategic airlift aircraft of not less than 301 aircraft. Effective on the date that is 45 days after the date on which the report under section 141(c)(3) of the National Defense Authorization Act for Fiscal Year 2013 is submitted to the congressional defense committees, the Secretary shall maintain a total aircraft inventory of strategic airlift aircraft of not less than 275 aircraft. (2) In this subsection: (A) The term “strategic airlift aircraft” means an aircraft— (i) that has a cargo capacity of at least 150,000 pounds; and (ii) that is capable of transporting outsized cargo an unrefueled range of at least 2,400 nautical miles. (B) The term “outsized cargo” means any single item of equipment that exceeds 1,090 inches in length, 117 inches in width, or 105 inches in height. **(h)** Repealed. Pub. L. 116–283, div. A, title I, § 132(b), Jan. 1, 2021, 134 Stat. 3430.] **(i)** (1) During the period beginning on October 1, 2017, and ending on October 1, 2026, the Secretary of the Air Force shall maintain a total aircraft inventory of fighter aircraft of not less than 1,800 aircraft, and a total primary mission aircraft inventory (combat-coded) of not less than 1,145 fighter aircraft. (2) In this subsection: (A) The term “fighter aircraft” means an aircraft that— (i) is designated by a mission design series prefix of F– or A–; (ii) is manned by one or two crewmembers; and (iii) executes single-role or multi-role missions, including air-to-air combat, air-to-ground attack, air interdiction, suppression or destruction of enemy air defenses, close air support, strike control and reconnaissance, combat search and rescue support, or airborne forward air control. (B) The term “primary mission aircraft inventory” means aircraft assigned to meet the primary aircraft authorization to a unit for the performance of its wartime mission. **(j)** (1) Except as provided in paragraphs (2) and (3), the Secretary of the Air Force shall maintain a total aircraft inventory of air refueling tanker aircraft— (A) of not less than 466 aircraft during the period ending on September 30, 2026; (B) of not less than 478 aircraft during the period beginning on October 1, 2026, and ending on September 30, 2027; (C) of not less than 490 aircraft during the period beginning on October 1, 2027, and ending on September 30, 2028; and (D) of not less than 502 aircraft beginning on October 1, 2028. (2) The Secretary of the Air Force may reduce the number of air refueling tanker aircraft in the total aircraft inventory of the Air Force below the applicable level specified in paragraph (1) only if— (A) the Secretary certifies to the congressional defense committees that such reduction is justified by the results of the mobility capability and requirements study conducted under section 144(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91); and (B) a period of 30 days has elapsed following the date on which the certification is made to the congressional defense committees under subparagraph (A). (3) In the case of a KC–135 aircraft that is replaced in the aircraft inventory by a KC–46 aircraft, the Secretary of the Air Force may reassign the KC–135 aircraft to any Air Refueling Wing that has the capacity to expand its aircraft inventory to include such reassigned aircraft. In determining whether an Air Refueling Wing has the capacity to so expand its inventory, the Secretary shall consider, among other things, the capacity of the Air Refueling Wing to man the additional aircraft and support pilot training requirements for the additional aircraft. (4) In this subsection: (A) The term “air refueling tanker aircraft” means an aircraft that has as its primary mission the refueling of other aircraft. (B) The term “total aircraft inventory” means aircraft authorized to a flying unit for operations or training. **(k)** (1) During the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023 and ending on September 30, 2027, the Secretary of the Air Force may not— (A) retire an F–22 aircraft; (B) reduce funding for unit personnel or weapon system sustainment activities for F–22 aircraft in a manner that presumes future congressional authority to divest such aircraft; (C) keep an F–22 aircraft in a status considered excess to the requirements of the possessing command and awaiting disposition instructions (commonly referred to as “XJ” status); or (D) decrease the total aircraft inventory of F–22 aircraft below 184 aircraft. (2) The prohibition under paragraph (1) shall not apply to individual F–22 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable and uneconomical to repair because of aircraft accidents, mishaps, or excessive material degradation and non-airworthiness status of certain aircraft. **(l)** (1) During the covered period, the Secretary of the Air Force may not retire more than a total of 51 F–15E aircraft as follows: (A) From the beginning of the covered period through the end of fiscal year 2026, the Secretary may not retire any F–15E aircraft. (B) In fiscal year 2027, the Secretary may not retire more than 21 F–15E aircraft. (C) In fiscal year 2028, the Secretary may not retire more than 30 F–15E aircraft. (2) During the covered period the Secretary of the Air Force may not— (A) reduce funding for unit personnel or weapon system sustainment activities for retained F–15E aircraft in a manner that presumes future congressional authority to divest such aircraft; or (B) keep an F–15E aircraft (other than an aircraft identified for retirement under paragraph (1)) in a status considered excess to the requirements of the possessing command and awaiting disposition instructions (commonly referred to as “XJ” status). (3) In this subsection, the term “covered period” means the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026 and ending on September 30, 2030. **(m)** (1) During the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 and ending on September 30, 2030, the Secretary of the Air Force may not— (A) retire an RQ–4 aircraft; (B) reduce funding for unit personnel or weapon system sustainment activities for RQ–4 aircraft in a manner that presumes future congressional authority to divest such aircraft; (C) keep an RQ–4 aircraft in a status considered excess to the requirements of the possessing command and awaiting disposition instructions (commonly referred to as “XJ” status); or (D) decrease the total aircraft inventory of RQ–4 aircraft below 10 aircraft. (2) The prohibition under paragraph (1) shall not apply to individual RQ–4 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable and uneconomical to repair because of aircraft accidents, mishaps, or excessive material degradation and non-airworthiness status of certain aircraft. **(n)** (1) The Secretary of the Air Force shall maintain a total inventory of intercontinental ballistic missiles sufficient to ensure that not fewer than 400 such missiles are operationally available. (2) Such intercontinental ballistic missiles shall be deployed among not fewer than 150 launch facilities dispersed across each of the following locations (for a total of not fewer than 450): (A) Francis E. Warren Air Force Base, Laramie County, Wyoming. (B) Malmstrom Air Force Base, Cascade County, Montana. (C) Minot Air Force Base, Ward County, North Dakota. (3) In this subsection, the term “intercontinental ballistic missile” means any combination of the LGM–30G Minuteman III intercontinental ballistic missile or the LGM–35A Sentinel intercontinental ballistic missile.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 115 — Personnel strengths: requirement for annual authorization

**(a) Active-Duty, Selected Reserve, and Space Force End Strengths To Be Authorized by Law.—** Congress shall authorize personnel strength levels for each fiscal year for each of the following: (1) The end strength for the Army, Navy, Air Force, and Marine Corps for (A) active-duty personnel who are to be paid from funds appropriated for active-duty personnel unless on active duty pursuant to subsection (b), and (B) active-duty personnel and full-time National Guard duty personnel who are to be paid from funds appropriated for reserve personnel unless on active duty or full-time National Guard duty pursuant to subsection (b). (2) The end strength for the Selected Reserve of each reserve component of the armed forces. (3) The end strength for the Space Force for members in space force active status. **(b) Certain Reserves on Active Duty To Be Authorized by Law.—** (1) Congress shall annually authorize the maximum number of members of a reserve component permitted to be on active duty or full-time National Guard duty at any given time who are called or ordered to— (A) active duty under [section 12301(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301/d&num=0&edition=prelim) for the purpose of providing operational support, as prescribed in regulation issued by the Secretary of Defense; (B) full-time National Guard duty under [section 502(f)(1)(B) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f/1/B&num=0&edition=prelim) for the purpose of providing operational support when authorized by the Secretary of Defense; (C) active duty under [section 12301(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301/d&num=0&edition=pr

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 115

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8062 — United States Navy: composition; functions

**(a)** The Navy, within the Department of the Navy, includes, in general, naval combat and service forces and such aviation as may be organic therein. The Navy shall be organized, trained, and equipped for the peacetime promotion of the national security interests and prosperity of the United States and for prompt and sustained combat incident to operations at sea. It is responsible for the preparation of naval forces necessary for the duties described in the preceding sentence except as otherwise assigned and, in accordance with integrated joint mobilization plans, for the expansion of the peacetime components of the Navy to meet the needs of war. **(b)** The naval combat forces of the Navy shall include not less than 11 operational aircraft carriers and not less than 31 operational amphibious warfare ships, of which not less than 10 shall be amphibious assault ships. For purposes of this subsection, an operational aircraft carrier or amphibious warfare ship includes an aircraft carrier or amphibious warfare ship that is temporarily unavailable for worldwide deployment due to routine or scheduled maintenance or repair. **(c)** All naval aviation shall be integrated with the naval service as part thereof within the Department of the Navy. Naval aviation consists of combat and service and training forces, and includes land-based naval aviation, air transport essential for naval operations, all air weapons and air techniques involved in the operations and activities of the Navy, and the entire remainder of the aeronautical organization of the Navy, together with the personnel necessary therefor. **(d)** The Navy shall develop aircraft, weapons, tactics, technique, organization, and equipment of naval combat and service elements. Matters of joint concern as to these fu

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8062

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 481 — Racial and ethnic issues; gender issues: surveys

**(a) In General.—** (1) The Secretary of Defense shall carry out four surveys in accordance with this section to identify and assess racial and ethnic issues and discrimination, and to identify and assess gender issues and discrimination, among members of the armed forces. Each such survey shall be conducted so as to identify and assess the extent (if any) of activity among such members that may be seen as so-called “hate group” activity. (2) The four surveys shall be as follows: (A) To identify and assess racial and ethnic issues and discrimination among members of the armed forces serving on active duty. (B) To identify and assess racial and ethnic issues and discrimination among members of the armed forces in the reserve components. (C) To identify and assess gender issues and discrimination among members of the armed forces serving on active duty. (D) To identify and assess gender issues and discrimination members of the armed forces in the reserve components. (3) The surveys under this section relating to racial and ethnic issues and discrimination shall be known as the “Armed Forces Workplace and Equal Opportunity Surveys”. The surveys under this section relating to gender issues and discrimination shall be known as the “Armed Forces Workplace and Gender Relations Surveys”. (4) Each survey under this section shall be conducted separately from any other survey conducted by the Department of Defense. **(b) Armed Forces Workplace and Equal Opportunity Surveys.—** The Armed Forces Workplace and Equal Opportunity Surveys shall be conducted so as to solicit information on racial and ethnic issues, including issues relating to harassment and discrimination, and the climate in the armed forces for forming professional relationships among members of the a

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 481

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1091 to 1093 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

### Statutory Notes Section 1091, act July 9, 1952, ch. 608, pt. VI, § 601, 66 Stat. 501, provided that Air National Guard and Air Force Reserve are reserve components of Air Force. See [section 9062 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9062&num=0&edition=prelim), Armed Forces. Section 1092, act July 9, 1952, ch. 608, pt. VI, § 602, 66 Stat. 501, provided for composition of Air Force Reserve. See [section 10110 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10110&num=0&edition=prelim). Section 1093, act July 9, 1952, ch. 608, pt. VI, § 603, 66 Stat. 501, related to women in Air Force Reserve.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1091 to 1093

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9062 — Policy; composition; aircraft authoriza-

Page 3448 TITLE 10—ARMED FORCES § 9062 (Aug. 10, 1956, ch. 1041, 70A Stat. 493, § 8061; re- numbered § 9061, Pub. L. 115–232, div. A, title VIII, § 806(c), Aug. 13, 2018, 132 Stat. 1833.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8061 ......... 10:16. July 15, 1870, ch. 294, § 20, 16 Stat. 319; Mar. 1, 1875, ch. 115, 18 Stat. 337. The word ‘‘prescribe’’ is substituted for the words ‘‘make and publish’’. 10:16 (last 35 words) is omitted as surplusage. Editorial Notes PRIOR PROVISIONS A prior section 9061 was renumbered section 9381 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 8061 of this title as this section. Statutory Notes and Related Subsidiaries 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. § 9062. Policy; composition; aircraft authoriza- tion (a) It is the intent of Congress to provide an Air Force that is capable, in conjunction with the other armed forces, of— (1) preserving the peace and security, and providing for the defense, of the United States, the Commonwealths and possessions, and any areas occupied by the United States; (2) supporting the national policies; (3) implementing the national objectives; and (4) overcoming any nations responsible for aggressive acts that imperil the peace and se- curity of the United States. (b) There is a United States Air Force within the Department of the Air Force. (c) In general, the Air Force includes aviation forces both combat and service not otherwise as- signed. It shall be organized,

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 9062

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