10 U.S.C. § 9014 — Office of the Secretary of the Air Force

Page 3428 TITLE 10—ARMED FORCES § 9014 (3) prescribe regulations to carry out his functions, powers, and duties under this title. (Added Pub. L. 99–433, title V, § 521(a)(3), Oct. 1, 1986, 100 Stat. 1055, § 8013; amended Pub. L. 99–661, div. A, title V, § 534, Nov. 14, 1986, 100 Stat. 3873; Pub. L. 108–136, div. A, title IX, § 901, Nov. 24, 2003, 117 Stat. 1558; Pub. L. 114–328, div. A, title IX, § 931(c), Dec. 23, 2016, 130 Stat. 2363; renumbered § 9013, 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)(1), Jan. 1, 2021, 134 Stat. 3807; Pub. L. 117–81, div. A, title IX, § 901(e), Dec. 27, 2021, 135 Stat. 1868.) Editorial Notes AMENDMENTS 2021—Subsec. (a)(2). Pub. L. 117–81 substituted ‘‘seven’’ for ‘‘five’’. Subsec. (f). Pub. L. 116–283, § 923(b)(1)(A), inserted ‘‘and officers of the Space Force’’ after ‘‘Officers of the Air Force’’. Subsec. (g)(1). Pub. L. 116–283, § 923(b)(1)(B), inserted ‘‘, members of the Space Force,’’ after ‘‘members of the Air Force’’. 2018—Pub. L. 115–232 renumbered section 8013 of this title as this section. 2016—Subsec. (a)(1). Pub. L. 114–328 inserted ‘‘The Sec- retary shall, to the greatest extent practicable, be ap- pointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management or leadership experience.’’ after first sentence. 2003—Subsec. (c)(4). Pub. L. 108–136 struck out ‘‘(to the maximum extent practicable)’’ after ‘‘fulfill’’. 1986—Subsec. (a)(2). Pub. L. 99–661 substituted ‘‘five years’’ for ‘‘10 years’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable with respect to appointments made on or after Dec. 27, 2021, see sec- tion 901(g) of Pub. L. 117–81, set out as a note under sec- tion 113 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. PROVISION BY SECRETARY OF THE AIR FORCE OF METEOROLOGICAL DATA FOR AIR FORCE AND ARMY Pub. L. 118–159, div. A, title III, § 321, Dec. 23, 2024, 138 Stat. 1853, provided that: ‘‘(a) IN GENERAL.—Except as provided in subsection (b), the Secretary of the Air Force shall provide mete- orological and environmental services for operations of the Department of the Air Force and shall provide me- teorological services for the Department of the Army. ‘‘(b) EXCEPTION FOR BALLISTICS DATA.—The require- ment under subsection (a) shall not apply to meteoro- logical ballistics data for the Department of the Army.’’ RATING CHAINS FOR SYSTEM PROGRAM MANAGERS Pub. L. 112–239, div. A, title III, § 323, Jan. 2, 2013, 126 Stat. 1696, provided that: ‘‘The Secretary of the Air Force, in managing system program management re- sponsibilities for sustainment programs not assigned to a program executive officer or a direct reporting pro- gram manager, shall comply with the Department of Defense Instructions regarding assignment of program responsibility.’’ 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. § 9014. Office of the Secretary of the Air Force (a) There is in the Department of the Air Force an Office of the Secretary of the Air Force. The function of the Office is to assist the Secretary of the Air Force in carrying out his responsibilities. (b) The Office of the Secretary of the Air Force is composed of the following: (1) The Under Secretary of the Air Force. (2) The Assistant Secretaries of the Air Force. (3) The General Counsel of the Department of the Air Force. (4) The Inspector General of the Department of the Air Force. (5) The Chief of Legislative Liaison. (6) The Air Reserve Forces Policy Com- mittee. (7) Such other offices and officials as may be established by law or as the Secretary of the Air Force may establish or designate. (c)(1) The Office of the Secretary of the Air Force shall have sole responsibility within the Office of the Secretary, the Air Staff, and the Office of the Chief of Space Operations for the following functions: (A) Acquisition. (B) Auditing. (C) Comptroller (including financial manage- ment). (D) Information management. (E) Inspector General. (F) Legislative affairs. (G) Public affairs. (2) Subject to paragraph (6), the Secretary of the Air Force shall establish or designate a sin- gle office or other entity within the Office of the Secretary of the Air Force to conduct each func- tion specified in paragraph (1). No office or other entity may be established or designated within the Air Staff or the Office of the Chief of Space Operations to conduct any of the functions spec- ified in paragraph (1). (3) The Secretary shall prescribe the relation- ship of each office or other entity established or designated under paragraph (2) to the Chief of Staff of the Air Force and the Air Staff, and to the Chief of Space Operations and the Office of the Chief of Space Operations, and shall ensure that each such office or entity provides the Chief of Staff and Chief of Space Operations such staff support as the Chief concerned con- siders necessary to perform the Chief’s duties and responsibilities. (4) The vesting in the Office of the Secretary of the Air Force of the responsibility for the conduct of a function specified in paragraph (1) does not preclude other elements of the execu- tive part of the Department of the Air Force (in- cluding the Air Staff and the Office of the Chief of Space Operations) from providing advice or Page 3429 TITLE 10—ARMED FORCES § 9014 assistance to the Chief of Staff and the Chief of Space Operations or otherwise participating in that function within the executive part of the Department under the direction of the office as- signed responsibility for that function in the Of- fice of the Secretary of the Air Force. (5) The head of the office or other entity estab- lished or designated by the Secretary to conduct the auditing function shall have at least five years of professional experience in accounting or auditing. The position shall be considered to be a career reserved position as defined in section 3132(a)(8) of title 5. (6) Notwithstanding section 1702 of title 41, the Secretary of the Air Force may assign to the As- sistant Secretary of the Air Force for Space Ac- quisition and Integration duties and authorities of the senior procurement executive that per- tain to space systems and programs. (d)(1) Subject to paragraph (2), the Office of the Secretary of the Air Force shall have sole responsibility within the Office of the Secretary, the Air Staff, and the Office of the Chief of Space Operations for the function of research and development. (2) The Secretary of the Air Force may assign to the Air Staff and the Office of the Chief of Space Operations responsibility for those as- pects of the function of research and develop- ment that relate to military requirements and test and evaluation. (3) The Secretary shall establish or designate a single office or other entity within the Office of the Secretary of the Air Force to conduct the function specified in paragraph (1). (4) The Secretary shall prescribe the relation- ship of the office or other entity established or designated under paragraph (3) to the Chief of Staff of the Air Force and the Air Staff, and to the Chief of Space Operations and the Office of the Chief of Space Operations, and shall ensure that each such office or entity provides the Chief of Staff and Chief of Space Operations such staff support as the Chief concerned con- siders necessary to perform the Chief’s duties and responsibilities. (e) The Secretary of the Air Force shall ensure that the Office of the Secretary of the Air Force, the Air Staff, and the Office of the Chief of Space Operations do not duplicate specific func- tions for which the Secretary has assigned re- sponsibility to any of the others. (f)(1) The total number of members of the armed forces and civilian employees of the De- partment of the Air Force assigned or detailed to permanent duty in the Office of the Secretary of the Air Force and on the Air Staff may not exceed 2,750. (2) Not more than 1,650 officers of the Air Force on the active-duty list may be assigned or detailed to permanent duty in the Office of the Secretary of the Air Force and on the Air Staff. (3) The total number of general officers as- signed or detailed to permanent duty in the Of- fice of the Secretary of the Air Force and on the Air Staff may not exceed 60. (4) The limitations in paragraphs (1), (2), and (3) do not apply in time of war. (5) Each limitation in paragraphs (1) and (2) may be exceeded by a number equal to 15 per- cent of such limitation in time of national emer- gency. (Added Pub. L. 99–433, title V, § 521(a)(3), Oct. 1, 1986, 100 Stat. 1057, § 8014; amended Pub. L. 100–180, div. A, title XIII, § 1314(b)(7), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 100–456, div. A, title III, § 325(c), Sept. 29, 1988, 102 Stat. 1955; Pub. L. 101–189, div. A, title VI, § 652(a)(4), Nov. 29, 1989, 103 Stat. 1461; Pub. L. 107–107, div. A, title X, § 1048(a)(29), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 107–314, div. A, title V, § 504(e)(2), Dec. 2, 2002, 116 Stat. 2533; Pub. L. 114–328, div. A, title IX, § 903(e), Dec. 23, 2016, 130 Stat. 2344; renumbered § 9014, Pub. L. 115–232, div. A, title VIII, § 806(c), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–92, div. A, title IX, § 901(a)(5), Dec. 20, 2019, 133 Stat. 1542; Pub. L. 116–283, div. A, title IX, § 923(b)(2), Jan. 1, 2021, 134 Stat. 3807; Pub. L. 117–81, div. A, title IX, § 905(b)(1), Dec. 27, 2021, 135 Stat. 1872.) Editorial Notes AMENDMENTS 2021—Subsec. (b)(4). Pub. L. 116–283, § 923(b)(2)(A), added par. (4) and struck out former par. (4) which read as follows: ‘‘The Inspector General of the Air Force.’’ Subsec. (c)(1). Pub. L. 116–283, § 923(b)(2)(B)(i), sub- stituted ‘‘, the Air Staff, and the Office of the Chief of Space Operations’’ for ‘‘and the Air Staff’’. Subsec. (c)(2). Pub. L. 117–81, § 905(b)(1)(A), substituted ‘‘Subject to paragraph (6), the Secretary of the Air Force shall’’ for ‘‘The Secretary of the Air Force shall’’. Pub. L. 116–283, § 923(b)(2)(B)(ii), inserted ‘‘or the Of- fice of the Chief of Space Operations’’ after ‘‘the Air Staff’’. Subsec. (c)(3). Pub. L. 116–283, § 923(b)(2)(B)(iii), sub- stituted ‘‘to the Chief of Staff of the Air Force and the Air Staff, and to the Chief of Space Operations and the Office of the Chief of Space Operations, and shall en- sure that each such office or entity provides the Chief of Staff and Chief of Space Operations such staff sup- port as the Chief concerned considers necessary to per- form the Chief’s duties and responsibilities.’’ for ‘‘to the Chief of Staff and to the Air Staff and shall ensure that each such office or entity provides the Chief of Staff such staff support as the Chief of Staff considers necessary to perform his duties and responsibilities.’’ Subsec. (c)(4). Pub. L. 116–283, § 923(b)(2)(B)(iv), in- serted ‘‘and the Office of the Chief of Space Oper- ations’’ after ‘‘the Air Staff’’ and ‘‘and the Chief of Space Operations’’ after ‘‘Chief of Staff’’. Subsec. (c)(6). Pub. L. 117–81, § 905(b)(1)(B), added par. (6). Subsec. (d)(1). Pub. L. 116–283, § 923(b)(2)(C)(i), sub- stituted ‘‘, the Air Staff, and the Office of the Chief of Space Operations’’ for ‘‘and the Air Staff’’. Subsec. (d)(2). Pub. L. 116–283, § 923(b)(2)(C)(ii), in- serted ‘‘and the Office of the Chief of Space Oper- ations’’ after ‘‘the Air Staff’’. Subsec. (d)(4). Pub. L. 116–283, § 923(b)(2)(C)(iii), sub- stituted ‘‘to the Chief of Staff of the Air Force and the Air Staff, and to the Chief of Space Operations and the Office of the Chief of Space Operations, and shall en- sure that each such office or entity provides the Chief of Staff and Chief of Space Operations such staff sup- port as the Chief concerned considers necessary to per- form the Chief’s duties and responsibilities.’’ for ‘‘to the Chief of Staff of the Air Force and to the Air Staff and shall ensure that each such office or entity pro- vides the Chief of Staff such staff support as the Chief of Staff considers necessary to perform his duties and responsibilities.’’ Subsec. (e). Pub. L. 116–283, § 923(b)(2)(D), substituted ‘‘, the Air Staff, and the Office of the Chief of Space Operations’’ for ‘‘and the Air Staff’’ and ‘‘to any of the others’’ for ‘‘to the other’’. 2019—Subsec. (f)(1). Pub. L. 116–92, § 901(a)(5)(A), sub- stituted ‘‘2,750’’ for ‘‘2,639’’. Page 3430 TITLE 10—ARMED FORCES § 9015 Subsec. (f)(2). Pub. L. 116–92, § 901(a)(5)(B), substituted ‘‘1,650’’ for ‘‘1,585’’. 2018—Pub. L. 115–232 renumbered section 8014 of this title as this section. 2016—Subsec. (f)(4). Pub. L. 114–328, § 903(e)(1), sub- stituted ‘‘time of war.’’ for ‘‘time of war or during a na- tional emergency declared by the President or Con- gress. The limitation in paragraph (2) does not apply whenever the President determines that it is in the na- tional interest to increase the number of officers as- signed or detailed to permanent duty in the Office of the Secretary of the Air Force or on the Air Staff.’’ Subsec. (f)(5). Pub. L. 114–328, § 903(e)(2), added par. (5). 2002—Subsec. (b)(5) to (7). Pub. L. 107–314 added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively. 2001—Subsec. (f)(3). Pub. L. 107–107 substituted ‘‘60’’ for ‘‘the number equal to 85 percent of the number of general officers assigned or detailed to such duty on the date of the enactment of this subsection’’. 1989—Subsec. (f)(5). Pub. L. 101–189 struck out par. (5) which read as follows: ‘‘The limitations in paragraphs (1), (2), and (3) do not apply before October 1, 1988.’’ 1988—Subsec. (c)(5). Pub. L. 100–456 added par. (5). 1987—Subsec. (f)(4). Pub. L. 100–180 inserted ‘‘the President or’’ after ‘‘declared by’’. 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 Requirements of subsec. (c)(5) of this section applica- ble with respect to any person appointed on or after Sept. 29, 1988, as head of office or other entity des- ignated for conducting auditing function in a military department, see section 325(d)(1) of Pub. L. 100–456, set out as a note under section 8014 of this title. EFFECTIVE DATE Subsecs. (c) and (d) of this section to be implemented not later than 180 days after Oct. 1, 1986, see section 532(a) of Pub. L. 99–433, set out as a note under section 7014 of this title. EXCEPTIONS AND ADJUSTMENTS TO LIMITATIONS ON PERSONNEL Baseline personnel limitations in this section inappli- cable to certain acquisition personnel and personnel hired pursuant to a shortage category designation for fiscal year 2009 and fiscal years thereafter, and Sec- retary of Defense or a secretary of a military depart- ment authorized to adjust such limitations for fiscal year 2009 and fiscal years thereafter, see section 1111 of Pub. L. 110–417, set out as a note under section 143 of this title. § 9015. Under Secretary of the Air Force (a) There is an Under Secretary of the Air Force, appointed from civilian life by the Presi- dent, by and with the advice and consent of the Senate. (b) The Under Secretary shall perform such duties and exercise such powers as the Secretary of the Air Force may prescribe. (Added Pub. L. 99–433, title V, § 521(a)(3), Oct. 1, 1986, 100 Stat. 1058, § 8015; renumbered § 9015, Pub. L. 115–232, div. A, title VIII, § 806(c), Aug. 13, 2018, 132 Stat. 1833.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 8013 of this title prior to enactment of Pub. L. 99–433. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 8015 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. 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. § 9016. Assistant Secretaries of the Air Force (a) There are five Assistant Secretaries of the Air Force. They shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. (b)(1) The Assistant Secretaries shall perform such duties and exercise such powers as the Sec- retary of the Air Force may prescribe. (2) One of the Assistant Secretaries shall be the Assistant Secretary of the Air Force for Manpower and Reserve Affairs. He shall have as his principal duty the overall supervision of manpower and reserve component affairs of the Department of the Air Force. (3)(A) One of the Assistant Secretaries shall be the Assistant Secretary of the Air Force for Fi- nancial Management. (B) The Assistant Secretary shall be appointed from among persons who have significant budg- et, financial management, or audit experience in complex organizations. (C) The principal responsibility of the Assist- ant Secretary shall be the exercise of the comp- troller functions of the Department of the Air Force, including financial management func- tions. The Assistant Secretary shall be respon- sible for all financial management activities and operations of the Department of the Air Force and shall advise the Secretary of the Air Force on financial management. (4)(A) One of the Assistant Secretaries shall be the Assistant Secretary of the Air Force for Ac- quisition, Technology, and Logistics. The prin- cipal duty of the Assistant Secretary shall be the overall supervision of acquisition, tech- nology, and logistics matters of the Department of the Air Force. (B) The Assistant Secretary shall have a Prin- cipal Military Deputy, who shall be an officer of the Air Force on active duty. The Principal Military Deputy shall be appointed from among officers who have significant experience in the areas of acquisition and program management.