10 U.S.C. § 9039

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 9039 - Chief of Chaplains: appointment; duties

(a) CHIEF OF CHAPLAINS.-

(1) There is a Chief of Chaplains for the Air Force and the Space Force, appointed by the President, by and with the advice and consent of the Senate, from officers of the Air Force designated under section 9067(h) of this title as chaplains who-

(A) are serving on active duty; and

(B) have served on active duty as a chaplain for at least eight years.

(2) An officer appointed as the Chief of Chaplains shall be appointed for a term of three years. However, the President may terminate or extend the appointment at any time.

(3) The Chief of Chaplains shall perform such duties as may be prescribed by the Secretary of the Air Force and by law.

(b) SELECTION BOARD.-Under regulations approved by the Secretary of Defense, the Secretary of the Air Force, in selecting an officer for recommendation to the President for appointment as the Chief of Chaplains, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to the selection boards convened under chapter 36 of this title.

(c) GRADE OF CHIEF OF CHAPLAINS.-The Chief of Chaplains, while so serving, holds the grade of major general.

10 U.S.C. § 9039

Added Pub. L. 112-239, div. A, title V, §508(a), Jan. 2, 2013, 126 Stat. 1716, §8039; amended Pub. L. 114-328, div. A, title V, §502(mm), Dec. 23, 2016, 130 Stat. 2106; renumbered §9039 and amended Pub. L. 115-232, div. A, title V, §510(c), title VIII, §§806(c), 809(a), Aug. 13, 2018, 132 Stat. 1751, 1833, 1840; Pub. L. 116-283, div. A, title IX, §923(b)(8), Jan. 1, 2021, 134 Stat. 3809.

EDITORIAL NOTES

AMENDMENTS2021-Subsec. (a). Pub. L. 116-283 substituted "for the Air Force and the Space Force" for "in the Air Force". 2018- Pub. L. 115-232, §806(c), renumbered section 8039 of this title as this section.Subsec. (a)(1). Pub. L. 115-232, §809(a), substituted "section 9067(h)" for "section 8067(h)" in introductory provisions.Subsec. (c). Pub. L. 115-232, §510(c), added subsec. (c).2016-Subsec. (a)(1). Pub. L. 114-328, §502 (mm)(1), redesignated subpars. (B) and (C) as (A) and (B), respectively, and struck out former subpar. (A) which read as follows: "are serving in the grade of colonel or above;". Subsec. (c). Pub. L. 114-328, §502 (mm)(2), struck out subsec. (c). Text read as follows: "An officer appointed as Chief of Chaplains who holds a lower regular grade may be appointed in the regular grade of major general."

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2018 AMENDMENT Amendment by sections 806(c) and 809(a) of 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.

SERVICE OF INCUMBENTS IN CERTAIN POSITIONS WITHOUT REAPPOINTMENTFor continued service of Chief of Chaplains for the Air Force and the Space Force under this section after Jan. 1, 2021, without further appointment, notwithstanding amendment by section 923(b)(8) of Pub. L. 116-283, see section 923(f) of Pub. L. 116-283, set out as a note under section 9020 of this title.

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.

grade

The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.

officer

The term "officer" means a commissioned or warrant officer.