10 U.S.C. § 9033 — Chief of Staff

Page 3440 TITLE 10—ARMED FORCES § 9033 1 See References in Text note below. (4) as directed by the Secretary or the Chief of Staff, coordinate the action of organiza- tions of the Air Force; and (5) perform such other duties, not otherwise assigned by law, as may be prescribed by the Secretary. (Aug. 10, 1956, ch. 1041, 70A Stat. 490, § 8032; Pub. L. 85–599, § 4(h), Aug. 6, 1958, 72 Stat. 517; Pub. L. 99–433, title V, § 522(b), Oct. 1, 1986, 100 Stat. 1060; renumbered § 9032 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(c), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8032(a) ..... 8032(b) ..... 10:1815(a). 10:1815(b). Sept. 19, 1951, ch. 407, § 205, 65 Stat. 329. In subsection (a), the word ‘‘furnish’’ is substituted for the word ‘‘render’’. In subsection (b)(1), the words ‘‘power, duty, or func- tion of’’ are substituted for the words ‘‘power vested in, duty imposed upon, or function assigned to’’. In subsection (b)(2), the words ‘‘all questions affect- ing’’ and ‘‘state of’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 806(c), renumbered section 8032 of this title as this section. Subsec. (b)(1). Pub. L. 115–232, § 809(a), substituted ‘‘section 9014’’ for ‘‘section 8014’’. 1986—Pub. L. 99–433, § 522(b)(3), substituted ‘‘The Air Staff: general duties’’ for ‘‘General duties’’ in section catchline. Subsec. (a). Pub. L. 99–433, § 522(b)(1), inserted ‘‘of the Air Force’’ after ‘‘Chief of Staff’’. Subsec. (b). Pub. L. 99–433, § 522(b)(2), substituted ‘‘Under the authority, direction, and control of the Sec- retary of the Air Force, the Air Staff’’ for ‘‘The Air Staff’’ before par. (1), inserted ‘‘subject to subsections (c) and (d) of section 8014 of this title,’’ and substituted ‘‘(including those aspects of research and development assigned by the Secretary of the Air Force), training, servicing, mobilizing, demobilizing, administering, and maintaining’’ for ‘‘, training, serving, mobilizing, and demobilizing’’ in par. (1), substituted ‘‘to support mili- tary operations by combatant commands’’ for ‘‘for military operations’’ in par. (2), and amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘act as agent of the Secretary and the Chief of Staff in coordinating the action of all organizations of the De- partment of the Air Force; and’’. 1958—Subsec. (b)(1). Pub. L. 85–599 substituted ‘‘pre- pare for such employment of the Air Force’’ for ‘‘pre- pare such plans for the national security, for employ- ment of the Air Force for that purpose, both separately and in conjunction with the land and naval forces’’. 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. § 9033. Chief of Staff (a)(1) There is a Chief of Staff of the Air Force, appointed for a period of four years by the Presi- dent, by and with the advice and consent of the Senate, from the general officers of the Air Force. He serves at the pleasure of the Presi- dent. In time of war or during a national emer- gency declared by Congress, he may be re- appointed for a term of not more than four years. (2) The President may appoint an officer as Chief of Staff 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(f) 1 of this title) as a gen- eral officer. (3) The President may waive paragraph (2) in the case of an officer if the President determines such action is necessary in the national interest. (b) The Chief of Staff, while so serving, has the grade of general without vacating his permanent grade. (c) Except as otherwise prescribed by law and subject to section 9013(f) of this title, the Chief of Staff performs his duties under the authority, direction, and control of the Secretary of the Air Force and is directly responsible to the Sec- retary. (d) Subject to the authority, direction, and control of the Secretary of the Air Force, the Chief of Staff shall— (1) preside over the Air Staff; (2) transmit the plans and recommendations of the Air Staff to the Secretary and advise the Secretary with regard to such plans and recommendations; (3) after approval of the plans or rec- ommendations of the Air Staff by the Sec- retary, 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 Air Force as the Sec- retary determines; (5) perform the duties prescribed for him by sections 171 and 3104 of this title and other provisions of law, including pursuant to sec- tion 9040 of this title; and (6) perform such other military duties, not otherwise assigned by law, as are assigned to him by the President, the Secretary of De- fense, or the Secretary of the Air Force. (e)(1) The Chief of Staff shall also perform the duties prescribed for him as a member of the Joint Chiefs of Staff under section 151 of this title. (2) To the extent that such action does not im- pair the independence of the Chief of Staff in the performance of his duties as a member of the Joint Chiefs of Staff, the Chief of Staff shall in- form the Secretary regarding military advice rendered 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 of Staff shall keep the Secretary of the Air Force fully informed of significant military operations affecting the duties and responsibilities of the Secretary. Page 3441 TITLE 10—ARMED FORCES § 9033 (Aug. 10, 1956, ch. 1041, 70A Stat. 492, § 8034; Pub. L. 85–599, § 4(d), (e), Aug. 6, 1958, 72 Stat. 517; Pub. L. 87–651, title I, § 114, Sept. 7, 1962, 76 Stat. 513; Pub. L. 90–22, title IV, § 403, June 5, 1967, 81 Stat. 53; Pub. L. 96–513, title V, § 504(2), Dec. 12, 1980, 94 Stat. 2915; Pub. L. 97–22, § 10(b)(9), July 10, 1981, 95 Stat. 137; renumbered § 8033 and amended Pub. L. 99–433, title V, § 522(c), Oct. 1, 1986, 100 Stat. 1061; Pub. L. 100–456, div. A, title V, § 519(a)(3), Sept. 29, 1988, 102 Stat. 1972; Pub. L. 114–92, div. A, title VIII, § 802(d)(4)(D), title XVI, § 1652(a)(3), Nov. 25, 2015, 129 Stat. 880, 1122; renumbered § 9033 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(c), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title XVIII, § 1808(d)(3), as added Pub. L. 117–81, div. A, title XVII, § 1701(r)(2), Dec. 27, 2021, 135 Stat. 2149; Pub. L. 116–283, div. A, title XVIII, § 1847(e)(6)(B), Jan. 1, 2021, 134 Stat. 4257; Pub. L. 117–81, div. A, title XVII, § 1701(r)(1)(B), Dec. 27, 2021, 135 Stat. 2149.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 8034(a) ..... 8034(b) ..... 10:1812 (1st sentence). 10:1812 (less 1st sen- tence). Sept. 19, 1951, ch. 407, §§ 202, 204, 65 Stat. 328. 8034(c) ..... 8034(d) ..... 10:1814(a) (1st 10 words). 10:1814(b) (2d sentence). 10:1814(c). 10:38 (last par.). 10:1814(a) (less 1st 10 words). 10:1814(b) (less 2d sen- tence). June 3, 1916, ch. 134, § 5 (last par.); added June 15, 1933, ch. 87, § 2 (last par.), 48 Stat. 154. In subsection (a), the words ‘‘not for’’ are substituted for the words ‘‘no person shall serve as Chief of Staff for a term of’’. In subsection (b), the words ‘‘so serving’’ are sub- stituted for the words ‘‘holding office as such’’. The words ‘‘regular or reserve’’ are substituted for the word ‘‘permanent’’, since there are no other ‘‘permanent’’ grades in the Air Force. The words ‘‘in the Air Force’’ are omitted as surplusage. The words ‘‘and shall take rank as prescribed by law’’ are omitted as superseded by section 743 of this title. The words ‘‘He shall receive the compensation prescribed by law’’ are omitted as covered by the Career Compensation Act of 1949, 63 Stat. 802 (37 U.S.C. 231 et seq.). In subsection (c), the provisions of 10:1814 relating to the direction of the Secretary of the Air Force over the Chief of Staff are combined. The words ‘‘and subsection (c) of this section’’ and ‘‘state of’’ are omitted as sur- plusage. In subsection (d), 10:38 (last par.) is omitted as cov- ered by 10:1814(a). The words ‘‘and other provisions of law’’ are substituted for the words ‘‘and by other laws’’. 1962 ACT The changes correct references to section 202(j) of the National Security Act of 1947, which is now set out as section 124 of title 10. Editorial Notes REFERENCES IN TEXT Section 664(f) of this title, referred to in subsec. (a)(2)(B), was redesignated as section 664(d) of this title by Pub. L. 114–328, div. A, title V, § 510(g)(1), Dec. 23, 2016, 130 Stat. 2111. AMENDMENTS 2021—Subsec. (d)(5). Pub. L. 116–283, § 1847(e)(6)(B), which directed substitution of ‘‘, 3103, and 4274’’ for ‘‘and 2547’’, was repealed by Pub. L. 117–81, § 1701(r)(1)(B). Pub. L. 116–283, § 1808(d)(3), as added by Pub. L. 117–81, § 1701(r)(2), substituted ‘‘and 3104’’ for ‘‘and 2547’’. 2018—Pub. L. 115–232, § 806(c), renumbered section 8033 of this title as this section. Subsec. (c). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 9013(f)’’ for ‘‘section 8013(f)’’. Subsec. (d)(5). Pub. L. 115–232, § 809(a), substituted ‘‘section 9040’’ for ‘‘section 8040’’. 2015—Subsec. (d)(5). Pub. L. 114–92, § 1652(a)(3), in- serted ‘‘, including pursuant to section 8040 of this title’’ after ‘‘other provisions of law’’. Pub. L. 114–92, § 802(d)(4)(D), substituted ‘‘sections 171 and 2547’’ for ‘‘section 171’’. 1988—Subsec. (a)(2)(B). Pub. L. 100–456 substituted ‘‘full tour of duty in a joint duty assignment (as de- fined in section 664(f) of this title)’’ for ‘‘joint duty as- signment’’. 1986—Pub. L. 99–433 renumbered section 8034 of this title as this section, substituted ‘‘Chief of Staff’’ for ‘‘Chief of Staff: appointment; duties’’ in section catch- line, and amended text generally. Prior to amendment, text read as follows: ‘‘(a) The Chief of Staff shall be appointed for a period of four years by the President, by and with the advice and consent of the Senate, from the general officers of the Air Force. He serves during the pleasure of the President. In time of war or national emergency de- clared by the Congress after December 31, 1968, he may be reappointed for a term of not more than four years. ‘‘(b) The Chief of Staff, while so serving, has the grade of general without vacating his regular or reserve grade. ‘‘(c) Except as otherwise prescribed by law and sub- ject to section 8012(c) and (d) of this title, the Chief of Staff performs his duties under the direction of the Secretary of the Air Force, and is directly responsible to the Secretary for the efficiency of the Air Force, its preparedness for military operations, and plans there- for. ‘‘(d) The Chief of Staff shall— ‘‘(1) preside over the Air Staff; ‘‘(2) send the plans and recommendations of the Air Staff to the Secretary, and advise him with regard thereto; ‘‘(3) after approval of the plans or recommendations of the Air Staff by the Secretary, act as the agent of the Secretary in carrying them into effect; ‘‘(4) exercise supervision over such of the members and organizations of the Air Force as the Secretary of the Air Force determines. Such supervision shall be exercised in a manner consistent with the full operational command vested in unified or specified combatant commanders under section 124 of this title. ‘‘(5) perform the duties prescribed for him by sec- tions 141 and 171 of this title and other provisions of law; and ‘‘(6) perform such other military duties, not other- wise assigned by law, as are assigned to him by the President.’’ 1981—Subsec. (b). Pub. L. 97–22 struck out the comma after ‘‘his regular or reserve grade’’. 1980—Subsec. (b). Pub. L. 96–513 struck out ‘‘and is counted as one of the officers authorized to serve in a grade above lieutenant general under section 8066 of this title’’ after ‘‘without vacating his regular or re- serve grade’’. 1967—Subsec. (a). Pub. L. 90–22 changed the require- ment that the Chief of Staff be reappointed only with the advice and consent of the Senate by providing for his reappointment for a term of not more than four years by the President without such advice and consent in a time of war or national emergency as declared by the Congress. 1962—Subsec. (d)(4). Pub. L. 87–651 substituted ‘‘under section 124 of this title’’ for ‘‘pursuant to section 202(j) of the National Security Act of 1947, as amended’’. 1958—Subsec. (d)(4) to (7). Pub. L. 85–599 redesignated pars. (5) to (7) as (4) to (6), respectively, and in par. (4), as redesignated, required the Chief of Staff to exercise Page 3442 TITLE 10—ARMED FORCES § 9034 supervision only as the Secretary of the Air Force de- termines and in a manner consistent with the full oper- ational command vested in unified or specified combat- ant commanders. Former par. (4), which related to command over the air defense, strategic, tactical, and other major commands, was struck out. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed 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. 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. EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–22, § 10(b), July 10, 1981, 95 Stat. 137, pro- vided that the amendment made by that section is ef- fective Sept. 15, 1981. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90–22 effective Jan. 1, 1969, see section 405 of Pub. L. 90–22, set out as a note under sec- tion 7033 of this title. WAIVER OF QUALIFICATIONS FOR APPOINTMENT AS SERVICE CHIEF For provisions giving President temporary authority to waive requirements in subsec. (a)(2) of this section, see section 532(c) of Pub. L. 99–433, title V, Oct. 1, 1986, 100 Stat. 1063, which was formerly set out as a note under section 3033 of this title. § 9034. Vice Chief of Staff (a) There is a Vice Chief of Staff of the Air Force, appointed by the President, by and with the advice and consent of the Senate, from the general officers of the Air Force. (b) The Vice Chief of Staff of the Air Force, while so serving, has the grade of general with- out vacating his permanent grade. (c) The Vice Chief of Staff has such authority and duties with respect to the Department of the Air Force as the Chief of Staff, with the ap- proval of the Secretary of the Air Force, may delegate to or prescribe for him. Orders issued by the Vice Chief of Staff in performing such du- ties have the same effect as those issued by the Chief of Staff. (d) When there is a vacancy in the office of Chief of Staff or during the absence or disability of the Chief of Staff— (1) the Vice Chief of Staff shall perform the duties of the Chief of Staff until a successor is appointed or the absence or disability ceases; or (2) if there is a vacancy in the office of the Vice Chief of Staff or the Vice Chief of Staff is absent or disabled, unless the President di- rects otherwise, the most senior officer of the Air Force in the Air Staff who is not absent or disabled and who is not restricted in perform- ance of duty shall perform the duties of the Chief of Staff until a successor to the Chief of Staff or the Vice Chief of Staff is appointed or until the absence or disability of the Chief of Staff or Vice Chief of Staff ceases, whichever occurs first. (Aug. 10, 1956, ch. 1041, 70A Stat. 492, § 8035; Pub. L. 85–599, § 6(d), Aug. 6, 1958, 72 Stat. 519; renum- bered § 8034 and amended Pub. L. 99–433, title V, § 522(d), Oct. 1, 1986, 100 Stat. 1062; renumbered § 9034, 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) 8035(a) ..... 10:1813(a) (1st sentence). Sept. 19, 1951, ch. 407, § 203, 65 Stat. 328. 8035(b) ..... 10:1813(a) (less 1st sen- tence). 8035(c) ..... 10:1813(b). In subsection (a), the words ‘‘of the Air Force’’ are omitted as surplusage. In subsection (b), the words ‘‘if the Chief of Staff is absent or disabled or if that office is vacant’’ are sub- stituted for 10:1813(a) (1st 18 words of last sentence). The words ‘‘the officer who is highest on the following list and’’ are inserted for clarity. The words ‘‘until his successor is appointed’’ are omitted as surplusage. In subsection (c), the words ‘‘If the Vice Chief of Staff is absent or disabled or if that office is vacant’’ are sub- stituted for 10:1813(b) (1st 19 words). Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 8034 of this title as this section. 1986—Pub. L. 99–433, § 522(d), renumbered section 8035 of this title as this section. Pub. L. 99–433, § 522(d)(5), substituted ‘‘Vice Chief of Staff’’ for ‘‘Vice Chief of Staff; Deputy Chiefs of Staff: succession to duties of Chief of Staff and Vice Chief of Staff’’ in section catchline. Subsecs. (a), (b). Pub. L. 99–433, § 522(d)(1), substituted subsecs. (a) and (b) for former subsecs. (a) and (b) which read as follows: ‘‘(a) The Vice Chief of Staff and the Deputy Chiefs of Staff shall be general officers detailed to those posi- tions. ‘‘(b) If the Chief of Staff is absent or disabled or if that office is vacant, the officer who is highest on the following list and who is not absent or disabled shall, unless otherwise directed by the President, perform the duties of the Chief of Staff until a successor is ap- pointed or the absence or disability ceases: ‘‘(1) The Vice Chief of Staff. ‘‘(2) The Deputy Chiefs of Staff in order of senior- ity.’’ Subsec. (c). Pub. L. 99–433, § 522(d)(2), (3), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: ‘‘If the Vice Chief of Staff is ab- sent or disabled or if that office is vacant, the senior Deputy Chief of Staff who is not absent or disabled shall, unless otherwise directed by the Secretary of the Air Force, perform the duties of the Vice Chief of Staff until a successor is designated or the absence or dis- ability ceases.’’ Subsec. (d). Pub. L. 99–433, § 522(d)(3), (4), added sub- sec. (d). Former subsec. (d) was redesignated (c). 1958—Subsec. (d). Pub. L. 85–599 added subsec. (d).