10 U.S.C. § 9082 — Chief of Space Operations

Page 3461 TITLE 10—ARMED FORCES § 9082 (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and United States national and homeland security requirements, and subject to the availability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of Defense is authorized and di- rected to publish this memorandum in the Federal Reg- ister. DONALD J. TRUMP. § 9082. Chief of Space Operations (a) APPOINTMENT.—(1) There is a Chief of Space Operations, appointed by the President, by and with the advice and consent of the Senate, from the general officers of the Space Force. The Chief serves at the pleasure of the President. (2) The Chief shall be appointed for a term of four years. In time of war or during a national emergency declared by Congress, the Chief may be reappointed for a term of not more than four years. (3) The President may appoint an officer as Chief of Space Operations only if— (A) the officer has had significant experience in joint duty assignments; and (B) such experience includes at least one full tour of duty in a joint duty assignment (as de- fined in section 664(d) of this title) as a general officer of the Space Force. (4) The President may waive paragraph (3) in the case of an officer if the President determines such action is necessary in the national interest. (b) GRADE.—The Chief, while so serving, has the grade of general without vacating the per- manent grade of the officer. (c) RELATIONSHIP TO THE SECRETARY OF THE AIR FORCE.—Except as otherwise prescribed by law and subject to section 9013(f) of this title, the Chief performs the duties of such position under the authority, direction, and control of the Secretary of the Air Force and is directly re- sponsible to the Secretary. (d) DUTIES.—Subject to the authority, direc- tion, and control of the Secretary of the Air Force, the Chief shall— (1) preside over the Office of the Chief of Space Operations; (2) transmit the plans and recommendations of the Office of the Chief of Space Operations to the Secretary and advise the Secretary with regard to such plans and recommenda- tions; (3) after approval of the plans or rec- ommendations of the Office of the Chief of Space Operations by the Secretary, act as the agent of the Secretary in carrying them into effect; (4) exercise supervision, consistent with the authority assigned to commanders of unified or specified combatant commands under chap- ter 6 of this title, over such of the members and organizations of the Space Force as the Secretary determines; (5) perform duties prescribed for the Chief of Space Operations by sections 171 and 3104 of this title and other provisions of law; and (6) perform such other military duties, not otherwise assigned by law, as are assigned to the Chief by the President, the Secretary of Defense, or the Secretary of the Air Force. (e) JOINT CHIEFS OF STAFF.—(1) The Chief of Space Operations shall be a member of the Joint Chiefs of Staff. (2) To the extent that such action does not im- pair the independence of the Chief in the per- formance of the duties of the Chief as a member of the Joint Chiefs of Staff pursuant to para- graph (1), the Chief shall inform the Secretary of the Air Force regarding military advice ren- dered by members of the Joint Chiefs of Staff on matters affecting the Department of the Air Force. (3) Subject to the authority, direction, and control of the Secretary of Defense, the Chief shall keep the Secretary of the Air Force fully informed of significant military operations af- fecting the duties and responsibilities of the Secretary. (f) VACANCY IN POSITION OF CHIEF OF SPACE OP- ERATIONS.—When there is a vacancy in the posi- tion of Chief of Space Operations or during the absence or disability of the Chief of Space Oper- ations— (1) the Vice Chief of Space Operations shall perform the duties of the Chief of Space Oper- ations until a successor is appointed or the ab- sence or disability ceases; or (2) if there is a vacancy in the position of the Vice Chief of Space Operations or the Vice Chief of Space Operations is absent or dis- abled, unless the President directs otherwise, the most senior officer of the Space Force in the Space Staff who is not absent or disabled and who is not restricted in performance of duty shall perform the duties of the Chief of Space Operations until the earliest of— (A) the appointment of a successor to the Chief of Space Operations or the Vice Chief of Space Operations; or (B) the cessation of the absence or dis- ability of the Chief of Space Operations or Vice Chief of Space Operations. (Added Pub. L. 116–92, div. A, title IX, § 953(a), Dec. 20, 2019, 133 Stat. 1563; amended Pub. L. 116–283, div. A, title IX, § 922(c), title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 3806, 4294; Pub. L. 118–31, div. A, title XVII, § 1741(b)(7), Dec. 22, 2023, 137 Stat. 681; Pub. L. 118–159, div. A, title V, §§ 509C(b), 521(j), Dec. 23, 2024, 138 Stat. 1873, 1882.) Editorial Notes AMENDMENTS 2024—Subsec. (a)(1), (3)(B). Pub. L. 118–159, § 521(j)(1), struck out ‘‘, flag, or equivalent’’ after ‘‘general’’. Subsec. (b). Pub. L. 118–159, § 521(j)(2), substituted ‘‘grade of general’’ for ‘‘grade in the Space Force equiv- alent to the grade of general in the Army, Air Force, and Marine Corps, or admiral in the Navy’’. Subsec. (f). Pub. L. 118–159, § 509C(b), added subsec. (f). 2023—Subsec. (d)(5). Pub. L. 118–31, § 1741(b)(7)(A), sub- stituted ‘‘sections 171 and 3104 of this title and other provisions of law’’ for ‘‘sections 171, 1808(a), and 1847(e)(4)(B), (5) of this title and other provision of law’’. Subsec. (e)(1). Pub. L. 118–31, § 1741(b)(7)(B), sub- stituted ‘‘The Chief’’ for ‘‘Commencing one year after Page 3462 TITLE 10—ARMED FORCES § 9083 the date of the enactment of the United States Space Force Act, the Chief’’. 2021—Subsec. (a)(1). Pub. L. 116–283, § 922(c)(1)(A), sub- stituted ‘‘general, flag, or equivalent officers of the Space Force’’ for ‘‘general officers of the Air Force’’. Subsec. (a)(3), (4). Pub. L. 116–283, § 922(c)(1)(B), added pars. (3) and (4). Subsec. (b). Pub. L. 116–283, § 922(c)(2), substituted ‘‘grade in the Space Force equivalent to the grade of general in the Army, Air Force, and Marine Corps, or admiral in the Navy’’ for ‘‘grade of general’’. Subsec. (d)(5). Pub. L. 116–283, § 922(c)(3), added par. (5). Former par. (5) redesignated (6). Pub. L. 116–283, § 1883(b)(2), substituted ‘‘, 1808(a), and 1847(e)(4)(B), (5)’’ for ‘‘and 2547’’. Subsec. (d)(6). Pub. L. 116–283, § 922(c)(3), redesignated par. (5) as (6). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 1883(b)(2) of Pub. L. 116–283 ef- fective Jan. 1, 2022, with additional provisions for de- layed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. DESIGNATION OF FORCE DESIGN ARCHITECT FOR DEPARTMENT OF DEFENSE SPACE SYSTEMS Pub. L. 117–81, div. A, title XVI, § 1602(b)(4), Dec. 27, 2021, 135 Stat. 2077, provided that: ‘‘Not later than 90 days after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of Defense shall— ‘‘(A) designate the Chief of Space Operations the force design architect for space systems of the Armed Forces; and ‘‘(B) submit to the congressional defense commit- tees [Committee on Armed Services and Committee on Appropriations of the Senate and House of Rep- resentatives] a certification of such designation.’’ SERVICE Pub. L. 116–92, div. A, title IX, § 953(b), Dec. 20, 2019, 133 Stat. 1564, provided that: ‘‘(1) INCUMBENT.—The individual serving as Com- mander of the Air Force Space Command as of the day before the date of the enactment of this Act [Dec. 20, 2019] may serve as the Chief of Space Operations under subsection (a) of section 9082 of title 10, United States Code (as added by subsection (a) of this section), after that date without further appointment as otherwise provided for by subsection (a) of such section 9082. ‘‘(2) U.S. SPACE COMMAND.—During the one-year pe- riod beginning on the date of the enactment of this Act, the Secretary of Defense may authorize an officer serving as the Chief of Space Operations to serve con- currently as the Commander of the United States Space Command, without further appointment.’’ § 9083. Vice Chief of Space Operations (a) APPOINTMENT.—There is a Vice Chief of Space Operations, appointed by the President, by and with the advice and consent of the Sen- ate, from the general officers of the Space Force. (b) GRADE.—The Vice Chief of Space Oper- ations, while so serving, has the grade of general without vacating the permanent grade of the of- ficer. (c) DUTIES.—The Vice Chief of Space Oper- ations shall have such authorities and duties with respect to the Space Force as the Chief of Space Operations, with the approval of the Sec- retary of the Air Force, may delegate to or pre- scribe for the Vice Chief of Space Operations. Orders issued by the Vice Chief of Space Oper- ations in performing such duties have the same effect as orders issued by the Chief of Space Op- erations. (Added Pub. L. 118–159, div. A, title V, § 509C(a)(2), Dec. 23, 2024, 138 Stat. 1873.) Editorial Notes PRIOR PROVISIONS A prior section 9083 was renumbered section 9084 of this title. Another prior section 9083, added Pub. L. 107–107, div. A, title IX, § 912(a), Dec. 28, 2001, 115 Stat. 1196, § 8084; amended Pub. L. 108–375, div. A, title X, § 1084(d)(32), Oct. 28, 2004, 118 Stat. 2063; renumbered § 9084, Pub. L. 115–232, div. A, title VIII, § 806(c), Aug. 13, 2018, 132 Stat. 1833; renumbered § 9068, Pub. L. 116–92, div. A, title IX, § 952(b)(1), Dec. 20, 2019, 133 Stat. 1561; renumbered § 9083, Pub. L. 116–92, div. A, title IX, § 952(e), Dec. 20, 2019, 133 Stat. 1562, related to a career field for officers in the Air Force with technical competence in space-related matters, prior to repeal by Pub. L. 116–283, div. A, title IX, § 921(a), Jan. 1, 2021, 134 Stat. 3804. § 9084. Office of the Chief of Space Operations: function; composition (a) FUNCTION.—There is in the executive part of the Department of the Air Force an Office of the Chief of Space Operations to assist the Sec- retary of the Air Force in carrying out the re- sponsibilities of the Secretary. (b) COMPOSITION.—The Office of the Chief of Space Operations is composed of the following: (1) The Chief of Space Operations. (2) Other members of the Space Force and Air Force assigned or detailed to the Office of the Chief of Space Operations. (3) Civilian employees in the Department of the Air Force assigned or detailed to the Of- fice of the Chief of Space Operations. (c) ORGANIZATION.—Except as otherwise spe- cifically prescribed by law, the Office of the Chief of Space Operations shall be organized in such manner, and the members of the Office of the Chief of Space Operations shall perform such duties and have such titles, as the Secretary of the Air Force may prescribe. (Added Pub. L. 116–283, div. A, title IX, § 921(a), Jan. 1, 2021, 134 Stat. 3805, § 9083; renumbered § 9084, Pub. L. 118–159, div. A, title V, § 509C(a)(1), Dec. 23, 2024, 138 Stat. 1873.) Editorial Notes CODIFICATION Another section 9084 was renumbered section 9087 of this title. PRIOR PROVISIONS A prior section 9084 was renumbered section 9085 of this title. Another prior section 9084 was successively renum- bered section 9068, then 9083, of this title by Pub. L. 116–92, div. A, title IX, § 952(b)(1), (e), Dec. 20, 2019, 133 Stat. 1561, 1562, and was subsequently repealed by Pub. L. 116–283, div. A, title IX, § 921(a), Jan. 1, 2021, 134 Stat. 3804. AMENDMENTS 2024—Pub. L. 118–159 renumbered section 9083 of this title as this section.