10 U.S.C. § 9017 — Secretary of the Air Force: successors to

Page 3433 TITLE 10—ARMED FORCES § 9017 1 See References in Text note below. Stat. 1871, 2077, provided that: ‘‘Effective on the date specified in section 957(d), the Secretary of the Air Force shall transfer to the Assistant Secretary of the Air Force for Space Acquisition and Integration under paragraph (6) of section 9016(b) of title 10, United States Code (as added by this subsection), responsibility for architecture and integration of any acquisition projects for space systems and programs of the Armed Forces that are under the oversight or direction of the Assistant Secretary of the Air Force for Acquisition as of the day before the date specified in section 957(d).’’ [Pub. L. 117–81, div. A, title XVI, § 1602(b)(3), Dec. 27, 2021, 135 Stat. 2077, which directed substitution of ‘‘of the Armed Forces’’ for ‘‘of the Air Force’’, was exe- cuted by making the substitution after ‘‘space systems and programs’’ to reflect the probable intent of Con- gress.] SERVICE ACQUISITION EXECUTIVE OF THE DEPARTMENT OF THE AIR FORCE FOR SPACE SYSTEMS AND PROGRAMS Pub. L. 116–92, div. A, title IX, § 957, Dec. 20, 2019, 133 Stat. 1566, as amended by Pub. L. 116–283, div. A, title XVI, § 1605, Jan. 1, 2021, 134 Stat. 4044; Pub. L. 117–81, div. A, title IX, § 905(a)(1), title XVI, § 1607(a), Dec. 27, 2021, 135 Stat. 1871, 2079, provided that: ‘‘(a) IN GENERAL.—Effective on the date specified in subsection (d), there shall be within the Department of the Air Force a Service Acquisition Executive of the Department of the Air Force for Space Systems and Programs. ‘‘(b) SERVICE.— ‘‘(1) IN GENERAL.—Effective as of the date specified in subsection (d) and subject to paragraph (2), the in- dividual serving as Assistant Secretary of the Air Force for Space Acquisition and Integration under paragraph (6) of section 9016(b) of title 10, United States Code (as added by section 1832(b) [probably should be ‘‘section 956(b)’’] of this Act), shall also serve as the Service Acquisition Executive for Space Systems and Programs. ‘‘(2) INCUMBENT.—The individual serving as Assist- ant Secretary of the Air Force for Space Acquisition and Integration as of the date specified in subsection (d) may also serve as the Service Acquisition Execu- tive for Space Systems and Programs pursuant to paragraph (1) only if appointed as the Service Acqui- sition Executive for Space Systems and Programs by the President, by and with the advice and consent of the Senate, pursuant to a nomination submitted to the Senate on or after that date. ‘‘(c) AUTHORITIES AND RESPONSIBILITIES.— ‘‘(1) IN GENERAL.—The Service Acquisition Execu- tive for Space Systems and Programs shall have within the Department of the Air Force all the au- thorities and responsibilities of a service acquisition executive under section 1704 of title 10, United States Code, and other applicable law, for the Department of the Air Force with respect to space systems and pro- grams. ‘‘(2) SEPARATE SAE WITHIN THE AIR FORCE.—The Service Acquisition Executive for Space Systems and Programs shall be in addition to the service acquisi- tion executive in the Department of the Air Force for all acquisition matters of the Department of the Air Force other than with respect to space systems and programs. ‘‘(3) GUIDANCE ON RELATIONSHIP AMONG SAES.—Not later than the date specified in subsection (d), and from time to time thereafter, the Secretary of the Air Force shall issue guidance for the Department of the Air Force on the authorities and responsibilities of the Service Acquisition Executive for Space Sys- tems and Programs and the authorities and respon- sibilities of the service acquisition executive of the Department for all acquisition matters of the Depart- ment other than with respect to space systems and programs. ‘‘(4) COMMERCIAL SATELLITE COMMUNICATIONS SERV- ICES.— ‘‘(A) AUTHORITY.—Beginning on the date specified in subparagraph (B), the Service Acquisition Execu- tive for Space Systems and Programs shall be re- sponsible for the procurement of commercial sat- ellite communications services for the Department of Defense. ‘‘(B) DATE SPECIFIED.—The date specified in this subparagraph is the date that is 120 days after the date on which the Service Acquisition Executive for Space Systems and Programs submits to the con- gressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for dele- gating the authority under subparagraph (A) to a subordinate acquisition command within the Space Force. ‘‘(C) RESPONSIBILITY DURING INTERIM PERIOD.— During the period preceding the date specified in subparagraph (B), the Chief of Space Operations shall be responsible for the procurement of com- mercial satellite communications services for the Department of Defense. ‘‘(5) PROGRAMS OF RECORD AND COMMERCIAL CAPA- BILITIES.—Prior to establishing a program of record, the Service Acquisition Executive for Space Systems and Programs shall determine whether existing or planned commercially available capabilities could meet all or a portion of the requirements for that proposed program. Not later than 30 days after the date on which the Service Acquisition Executive makes such a positive determination, the Service Ac- quisition Executive shall submit to the congressional defense committees a notification of the results of the determination. ‘‘(d) DATE SPECIFIED.—The date specified in this sub- section is a date determined by the Secretary of the Air Force that is not later than October 1, 2022.’’ § 9017. Secretary of the Air Force: successors to duties 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 ab- sence 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 Sec- retary 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. (Aug. 10, 1956, ch. 1041, 70A Stat. 489, § 8017; Pub. L. 89–718, § 23, Nov. 2, 1966, 80 Stat. 1118; Pub. L. 90–235, § 4(a)(9), Jan. 2, 1968, 81 Stat. 760; Pub. L. 99–433, title V, § 521(a)(4), Oct. 1, 1986, 100 Stat. 1058; Pub. L. 103–337, div. A, title IX, § 902(c), Oct. 5, 1994, 108 Stat. 2823; renumbered § 9017, Pub. L. 115–232, div. A, title VIII, § 806(c), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–283, div. A, title IX, § 923(b)(3), Jan. 1, 2021, 134 Stat. 3808.) 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 Page 3434 TITLE 10—ARMED FORCES § 9018 ‘‘until a successor is appointed’’ are omitted as surplus- age. 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 re- pealed and a new section 3347 was enacted by Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–611, and, as so enacted, no longer contains provi- sions authorizing the President to direct temporary successors to duties. See section 3345 of Title 5, Govern- ment Organization and Employees. AMENDMENTS 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) designa- tion, 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 des- ignated under section 3347 of title 5 shall not be consid- ered 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 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. 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, Apr. 22, 1994, 59 F.R. 21909, listed in a table under section 3345 of Title 5, Government Or- ganization and Employees. § 9018. Administrative Assistant The Secretary of the Air Force may appoint an Administrative Assistant in the Office of the Secretary of the Air Force. The Administrative Assistant shall perform such duties as the Sec- retary may prescribe. (Added Pub. L. 99–433, title V, § 521(a)(5), Oct. 1, 1986, 100 Stat. 1059, § 8018; renumbered § 9018, Pub. L. 115–232, div. A, title VIII, § 806(c), Aug. 13, 2018, 132 Stat. 1833.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 8018 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. § 9019. General Counsel (a) There is a General Counsel of the Depart- ment of the Air Force, appointed from civilian life by the President, by and with the advice and consent of the Senate. (b) The General Counsel shall perform such functions as the Secretary of the Air Force may prescribe. (Added Pub. L. 99–433, title V, § 521(a)(5), Oct. 1, 1986, 100 Stat. 1059, § 8019; amended Pub. L. 100–456, div. A, title VII, § 703(a), Sept. 29, 1988, 102 Stat. 1996; renumbered § 9019, Pub. L. 115–232, div. A, title VIII, § 806(c), Aug. 13, 2018, 132 Stat. 1833.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 8019 of this title as this section. 1988—Subsec. (a). Pub. L. 100–456 inserted ‘‘, by and with the advice and consent of the Senate’’ before pe- riod at end. 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. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–456 applicable to appoint- ments made under this section on and after Sept. 29, 1988, see section 703(c) of Pub. L. 100–456, set out as a note under section 7019 of this title. § 9020. Inspector General (a) There is an Inspector General of the De- partment of the Air Force who shall be detailed to such position by the Secretary of the Air Force from the general officers of the Air Force or the Space Force. An officer may not be de- tailed to such position for a tour of duty of more than four years, except that the Secretary may extend such a tour of duty if he makes a special finding that the extension is necessary in the public interest. (b) When directed by the Secretary, the Chief of Staff of the Air Force, or the Chief of Space Operations, the Inspector General shall— (1) inquire into and report upon the dis- cipline, efficiency, and economy of the Depart- ment of the Air Force; and (2) perform any other duties prescribed by the Secretary, the Chief of Staff, or the Chief of Space Operations. (c) The Inspector General shall periodically propose programs of inspections to the Sec- retary of the Air Force and shall recommend ad- ditional inspections and investigations as may appear appropriate. (d) The Inspector General shall cooperate fully with the Inspector General of the Department of Defense in connection with the performance of