10 U.S.C. § 9032 — The Air Staff: general duties

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; 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.