10 U.S.C. § 9013 — Secretary of the Air Force

Page 3427 TITLE 10—ARMED FORCES § 9013 Executive Documents EX. ORD. NO. 9902. SEAL FOR THE DEPARTMENT OF THE AIR FORCE Ex. Ord. No. 9902, Nov. 1, 1947, 12 F.R. 7153, provided: WHEREAS section 207(g) of the National Security Act of 1947, approved July 26, 1947 (Public Law 253, 80th Congress 1st Session) provides, in part, that the Sec- retary of the Air Force shall cause a seal of office to be made for the Department of the Air Force of such de- vice as the President shall approve; and WHEREAS the Secretary of the Air Force has caused to be made and has recommended that I approve a seal the design of which accompanies and is hereby made a part of this order, and which is described in heraldic terms as follows: SHIELD: Per fess nebuly abased azure and argent, in chief a thunderbolt or inflamed proper. CREST: On a wreath argent and azure an American bald eagle, wings displayed and partially elevated prop- er in front of a cloud argent. Encircling the shield and crest an arc of thirteen stars and below the shield the inscription ‘‘MCMXLVII’’. On a band encircling the whole the inscriptions ‘‘De- partment of the Air Force’’ and ‘‘United States of America.’’ When illustrating the seal in color the background shall be ultramarine blue, the shield a light blue and white, and the thunderbolt in gold with flames in nat- ural color. The twists of the wreath shall be alternated white and blue, and the eagle shall be in natural color in front of a white cloud. The thirteen stars shall be white, and the Roman numerals shall be gold. The en- circling band shall be white edged in gold with black letters. AND WHEREAS it appears that such seal is of suit- able design and is appropriate for establishment as the official seal of the Department of the Air Force: NOW, THEREFORE, by virtue of and pursuant to the authority vested in me by the said section 207(g) of the National Security Act of 1947, I hereby approve such seal as the official seal of the Department of the Air Force. HARRY S. TRUMAN. § 9013. Secretary of the Air Force (a)(1) There is a Secretary of the Air Force, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Secretary shall, to the greatest extent prac- ticable, be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management or leadership ex- perience. The Secretary is the head of the De- partment of the Air Force. (2) A person may not be appointed as Sec- retary of the Air Force within seven years after relief from active duty as a commissioned offi- cer of a regular component of an armed force. (b) Subject to the authority, direction, and control of the Secretary of Defense and subject to the provisions of chapter 6 of this title, the Secretary of the Air Force is responsible for, and has the authority necessary to conduct, all affairs of the Department of the Air Force, in- cluding the following functions: (1) Recruiting. (2) Organizing. (3) Supplying. (4) Equipping (including research and devel- opment). (5) Training. (6) Servicing. (7) Mobilizing. (8) Demobilizing. (9) Administering (including the morale and welfare of personnel). (10) Maintaining. (11) The construction, outfitting, and repair of military equipment. (12) The construction, maintenance, and re- pair of buildings, structures, and utilities and the acquisition of real property and interests in real property necessary to carry out the re- sponsibilities specified in this section. (c) Subject to the authority, direction, and control of the Secretary of Defense, the Sec- retary of the Air Force is also responsible to the Secretary of Defense for— (1) the functioning and efficiency of the De- partment of the Air Force; (2) the formulation of policies and programs by the Department of the Air Force that are fully consistent with national security objec- tives and policies established by the President or the Secretary of Defense; (3) the effective and timely implementation of policy, program, and budget decisions and instructions of the President or the Secretary of Defense relating to the functions of the De- partment of the Air Force; (4) carrying out the functions of the Depart- ment of the Air Force so as to fulfill the cur- rent and future operational requirements of the unified and specified combatant com- mands; (5) effective cooperation and coordination between the Department of the Air Force and the other military departments and agencies of the Department of Defense to provide for more effective, efficient, and economical ad- ministration and to eliminate duplication; (6) the presentation and justification of the positions of the Department of the Air Force on the plans, programs, and policies of the De- partment of Defense; and (7) the effective supervision and control of the intelligence activities of the Department of the Air Force. (d) The Secretary of the Air Force is also re- sponsible for such other activities as may be prescribed by law or by the President or Sec- retary of Defense. (e) After first informing the Secretary of De- fense, the Secretary of the Air Force may make such recommendations to Congress relating to the Department of Defense as he considers ap- propriate. (f) The Secretary of the Air Force may assign such of his functions, powers, and duties as he considers appropriate to the Under Secretary of the Air Force and to the Assistant Secretaries of the Air Force. Officers of the Air Force and offi- cers of the Space Force shall, as directed by the Secretary, report on any matter to the Sec- retary, the Under Secretary, or any Assistant Secretary. (g) The Secretary of the Air Force may— (1) assign, detail, and prescribe the duties of members of the Air Force, members of the Space Force, and civilian personnel of the De- partment of the Air Force; (2) change the title of any officer or activity of the Department of the Air Force not pre- scribed by law; and 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