10 U.S.C. § 9013

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 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 practicable, be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management or leadership experience. The Secretary is the head of the Department of the Air Force.

(2) A person may not be appointed as Secretary of the Air Force within seven years after relief from active duty as a commissioned officer 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, including the following functions:

(1) Recruiting.

(2) Organizing.

(3) Supplying.

(4) Equipping (including research and development).

(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 repair of buildings, structures, and utilities and the acquisition of real property and interests in real property necessary to carry out the responsibilities specified in this section.

(c) Subject to the authority, direction, and control of the Secretary of Defense, the Secretary of the Air Force is also responsible to the Secretary of Defense for-

(1) the functioning and efficiency of the Department 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 objectives 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 Department of the Air Force;

(4) carrying out the functions of the Department of the Air Force so as to fulfill the current and future operational requirements of the unified and specified combatant commands;

(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 administration 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 Department 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 responsible for such other activities as may be prescribed by law or by the President or Secretary of Defense.

(e) After first informing the Secretary of Defense, the Secretary of the Air Force may make such recommendations to Congress relating to the Department of Defense as he considers appropriate.

(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 officers of the Space Force shall, as directed by the Secretary, report on any matter to the Secretary, 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 Department of the Air Force;

(2) change the title of any officer or activity of the Department of the Air Force not prescribed by law; and

(3) prescribe regulations to carry out his functions, powers, and duties under this title.

10 U.S.C. § 9013

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

AMENDMENTS2021-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 Secretary shall, to the greatest extent practicable, be appointed 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 section 901(g) of Pub. L. 117-81, set out as a note under section 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.

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 responsibilities for sustainment programs not assigned to a program executive officer or a direct reporting program manager, shall comply with the Department of Defense Instructions regarding assignment of program responsibility."

EXECUTIVE DOCUMENTS

ORDER OF SUCCESSIONFor 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 Organization and Employees.

active duty: The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
commissioned officer: The term "commissioned officer" includes a commissioned warrant officer.
military departments: The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
officer: The term "officer" means a commissioned or warrant officer.
rating: The term "rating" means the name (such as "boatswain's mate") prescribed for members of an armed force in an occupational field. The term "rate" means the name (such as "chief boatswain's mate") prescribed for members in the same rating or other category who are in the same grade (such as chief petty officer or seaman apprentice).