10 U.S.C. § 9031 — The Air Staff: function; composition

Page 3438 TITLE 10—ARMED FORCES § 9025 Office of Small and Disadvantaged Business Utilization of the Department of the Air Force were redesignated the Director of Small Business Programs of the Depart- ment of the Air Force and the Office of Small Business Programs of the Department of the Air Force, respec- tively, by Pub. L. 109–163 which also provided that ref- erences to the former were deemed to refer to the lat- ter. See section 904(a) of Pub. L. 109–163, set out as a note under section 144 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. § 9025. Office of Expanded Competition (a) ESTABLISHMENT.—There is in the Office of the Secretary of the Air Force an office to be known as the Office of Expanded Competition (in this section referred to as the ‘‘Office’’). (b) DIRECTOR.—The head of the Office shall be the Director. The Director shall be appointed by the Secretary of the Air Force from among em- ployees of the Department of Defense with req- uisite subject matter expertise who— (1) are in a Senior Executive Service posi- tion (as defined in section 3132 of title 5) at the time of appointment; or (2) are not in a Senior Executive Service po- sition at the time of appointment, but meet the Executive Core Qualifications (ECQs) for such a position. (c) DUTIES.—The duties of the Office are as fol- lows: (1) In consultation with other components of the Department of Defense and the Federal Government, conduct coordinated and inte- grated assessments of adversarial capital flows into industries or businesses of interest to the Department of Defense. (2) Identify and prioritize promising critical technologies and assets for the Joint Force in need of capital assistance, including critical technologies and assets available from foreign entities. (3) Fund investments in such technologies and assets, including supply chain tech- nologies not always supported through direct investment. (4) Support the coordination and outreach efforts of technology scouting and acquisition elements within the Department of Defense to enable investment decision-making by those elements that counteract entities employing adversarial capital flows against industries or businesses described in paragraph (1), includ- ing the employment of relevant authorities vested in other components of the Department and the Federal Government. (5) Identify, accelerate, and sustain the es- tablishment, research, development, construc- tion, procurement, leasing, consolidation, al- teration, improvement, modernization, and re- pair of tangible and intangible assets vital to the national security of the United States. (6) Help the Department of Defense provide capital assistance to entities, including for- eign entities, engaged in investments that fa- cilitate the efforts of the Department. (7) Experiment, prototype, test, or validate Government-developed or commercially devel- oped analytical tools, processes, and tradecraft to improve the due diligence and in- vestment analysis processes for the Depart- ment of Defense, including the employment of relevant delegated authorities vested in other components of the Department and the Fed- eral Government. (8) Assist the Secretary of Defense in devel- oping access and placement using commercial means. (9) Otherwise engage with, coordinate, and collaborate with other components of the De- partment of Defense and the Federal Govern- ment to maximize efficiencies and promote whole-of-government solutions to protect the national security of the United States. (d) DEFINITIONS.—In this section: (1) The term ‘‘adversarial capital flow’’ means an investment by— (A) the government of a country that is an adversary of the United States; or (B) an entity organized under the laws of, or otherwise subject to the jurisdiction of, such a country. (2) The term ‘‘capital assistance’’ means a loan, loan guarantee, or technical assistance. (Added Pub. L. 118–159, div. A, title IX, § 924(a), Dec. 23, 2024, 138 Stat. 2039.) CHAPTER 905—THE AIR STAFF Sec. 9031. The Air Staff: function; composition. 9032. The Air Staff: general duties. 9033. Chief of Staff. 9034. Vice Chief of Staff. 9035. Deputy Chiefs of Staff and Assistant Chiefs of Staff. 9036. Surgeon General: appointment; duties. 9037. Judge Advocate General, Deputy Judge Advo- cate General: appointment; duties. 9038. Office of Air Force Reserve: appointment of Chief. 9039. Chief of Chaplains: appointment; duties. 9040. Oversight of nuclear deterrence mission. Editorial Notes PRIOR PROVISIONS A prior chapter 905, consisting of sections 9381 to 9383, related to the Aviation Leadership Program, prior to repeal by Pub. L. 114–328, div. A, title XII, § 1241(i)(2), Dec. 23, 2016, 130 Stat. 2508. AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 806(d)(4), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 805 of this title as this chapter and items 8031 to 8040 as 9031 to 9040, respectively. 2016—Pub. L. 114–328, div. A, title VII, § 702(b)(3)(B), Dec. 23, 2016, 130 Stat. 2196, substituted ‘‘Surgeon Gen- eral: appointment; duties’’ for ‘‘Surgeon General: ap- pointment; grade’’ in item 8036. 2015—Pub. L. 114–92, div. A, title XVI, § 1652(a)(2), Nov. 25, 2015, 129 Stat. 1122, added item 8040. 2013—Pub. L. 112–239, div. A, title V, § 508(b), Jan. 2, 2013, 126 Stat. 1717, added item 8039. 1986—Pub. L. 99–433, title V, § 522(g)(1), Oct. 1, 1986, 100 Stat. 1063, amended analysis generally, substituting items 8031 to 8038 for former items 8031 to 8036. 1965—Pub. L. 89–288, § 5(b), Oct. 22, 1965, 79 Stat. 1050, added item 8036. § 9031. The Air Staff: function; composition (a) There is in the executive part of the De- partment of the Air Force an Air Staff. The Page 3439 TITLE 10—ARMED FORCES § 9032 function of the Air Staff is to assist the Sec- retary of the Air Force in carrying out his re- sponsibilities. (b) The Air Staff is composed of the following: (1) The Chief of Staff. (2) The Vice Chief of Staff. (3) The Deputy Chiefs of Staff. (4) The Assistant Chiefs of Staff. (5) The Surgeon General of the Air Force. (6) The Judge Advocate General of the Air Force. (7) The Chief of the Air Force Reserve. (8) Other members of the Air Force or the Space Force assigned or detailed to the Air Staff. (9) Civilian employees in the Department of the Air Force assigned or detailed to the Air Staff. (c) Except as otherwise specifically prescribed by law, the Air Staff shall be organized in such manner, and its members shall perform such du- ties and have such titles, as the Secretary may prescribe. (Aug. 10, 1956, ch. 1041, 70A Stat. 490, § 8031; Pub. L. 89–718, § 45, Nov. 2, 1966, 80 Stat. 1121; Pub. L. 93–608, § 1(5), Jan. 2, 1975, 88 Stat. 1968; Pub. L. 98–525, title V, § 515, Oct. 19, 1984, 98 Stat. 2522; Pub. L. 99–433, title V, § 522(a), Oct. 1, 1986, 100 Stat. 1060; renumbered § 9031, 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)(5), Jan. 1, 2021, 134 Stat. 3809.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8031(a) ..... 8031(b) ..... 10:1811(a). 10:1811(b). Sept. 19, 1951, ch. 407, § 201, 65 Stat. 327. 8031(c) ..... 10:1811(c). 8031(d) ..... 10:1811(d). In subsection (a), the words ‘‘an Air Staff consisting of—’’ are substituted for the words ‘‘a staff, which shall be known as the Air Staff, and which shall consist of— ’’. The words ‘‘under regulations prescribed by the Sec- retary of the Air Force’’ are omitted, since the Sec- retary has inherent authority to issue regulations ap- propriate to exercising his statutory functions. In subsection (b), 10:1811(b) (proviso) is omitted as su- perseded by section 264(c) of this title. In subsection (c), the third sentence is substituted for 10:1811(c) (1st 13 words and 1st proviso). The words ‘‘offi- cers and employees * * * or under the jurisdiction of’’ are omitted as surplusage. In subsections (c) and (d), the word ‘‘hereafter’’ is omitted, since all wars and emergencies declared by Congress before September 19, 1951, have been termi- nated. In subsection (d), the words ‘‘now or hereafter’’ are omitted as surplusage and as executed. The second sen- tence is substituted for 10:1811(d) (last 31 words of 1st sentence). The third sentence is substituted for 10:1811(d) (2d sentence). 10:1811(d) (1st 13 words of last sentence) is omitted as executed. The words ‘‘This sub- section does not apply’’ are substituted for the words ‘‘and shall be inapplicable’’. Editorial Notes AMENDMENTS 2021—Subsec. (b)(8). Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘of the Air Force’’. 2018—Pub. L. 115–232 renumbered section 8031 of this title as this section. 1986—Pub. L. 99–433 amended section generally, sub- stituting ‘‘The Air Staff: function; composition’’ for ‘‘Composition: assignment and detail of members of Air Force and civilians’’ in section catchline and sub- stituting in text provisions relating to establishment and composition of the Air Staff and authorizing the Secretary to prescribe the organization, duties, and ti- tles of the Air Staff for provisions relating to establish- ment and composition of the Air Staff, authorizing the Secretary to prescribe the organization, duties, and ti- tles of the Air Staff, and limiting the number of offi- cers who may be assigned or detailed to permanent duty in the executive part of the Department of the Air Force. 1984—Subsec. (d). Pub. L. 98–525 struck out subsec. (d) which had provided that no commissioned officer who was assigned or detailed to duty in the executive part of the Department of the Air Force could serve for a tour of duty of more than four years, but that the Sec- retary could extend such a tour of duty if he made a special finding that the extension was necessary in the public interest, that no officer could be assigned or de- tailed to duty in the executive part of the Department of the Air Force within two years after relief from that duty, except upon a special finding by the Secretary that the assignment or detail was necessary in the pub- lic interest, and that the subsection did not apply in time of war, or of national emergency declared by Con- gress. 1975—Subsec. (c). Pub. L. 93–608 struck out require- ment of annual report to Congress on the number of of- ficers in the executive part of the Department of the Air Force and the justification therefor. 1966—Subsec. (c). Pub. L. 89–718 changed the reporting requirement from quarterly to annually. 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 1984 AMENDMENT Pub. L. 98–525, title V, § 515, Oct. 19, 1984, 98 Stat. 2522, provided in part that the repeal of subsec. (d) of this section is effective Oct. 1, 1984. § 9032. The Air Staff: general duties (a) The Air Staff shall furnish professional as- sistance to the Secretary, the Under Secretary, and the Assistant Secretaries of the Air Force, and the Chief of Staff of the Air Force. (b) Under the authority, direction, and control of the Secretary of the Air Force, the Air Staff shall— (1) subject to subsections (c) and (d) of sec- tion 9014 of this title, prepare for such employ- ment of the Air Force, and for such recruiting, organizing, supplying, equipping (including those aspects of research and development as- signed by the Secretary of the Air Force), training, servicing, mobilizing, demobilizing, administering, and maintaining of the Air Force, as will assist in the execution of any power, duty, or function of the Secretary or the Chief of Staff; (2) investigate and report upon the efficiency of the Air Force and its preparation to support military operations by combatant commands; (3) prepare detailed instructions for the exe- cution of approved plans and supervise the execution of those plans and instructions;