US (United States) Code. Title 10. Subtitle D. Part I: Organization. Chapter 805: The Air Staff

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-CITE-

10 USC CHAPTER 805 - THE AIR STAFF 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART I - ORGANIZATION

CHAPTER 805 - THE AIR STAFF

.

-HEAD-

CHAPTER 805 - THE AIR STAFF

-MISC1-

Sec.

8031. The Air Staff: function; composition.

8032. The Air Staff: general duties.

8033. Chief of Staff.

8034. Vice Chief of Staff.

8035. Deputy Chiefs of Staff and Assistant Chiefs of Staff.

8036. Surgeon General: appointment; grade.

8037. Judge Advocate General, Deputy Judge Advocate General:

appointment; duties.

8038. Office of Air Force Reserve: appointment of Chief.

AMENDMENTS

1986 - Pub. L. 99-433, title V, Sec. 522(g)(1), Oct. 1, 1986, 100

Stat. 1063, amended analysis generally, substituting items 8031 to

8038 for former items 8031 to 8036.

1965 - Pub. L. 89-288, Sec. 5(b), Oct. 22, 1965, 79 Stat. 1050,

added item 8036.

-CITE-

10 USC Sec. 8031 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART I - ORGANIZATION

CHAPTER 805 - THE AIR STAFF

-HEAD-

Sec. 8031. The Air Staff: function; composition

-STATUTE-

(a) There is in the executive part of the Department of the Air

Force an Air Staff. The function of the Air Staff is to assist the

Secretary of the Air Force in carrying out his responsibilities.

(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 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 duties and have such titles, as the Secretary may

prescribe.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 490; Pub. L. 89-718, Sec. 45,

Nov. 2, 1966, 80 Stat. 1121; Pub. L. 93-608, Sec. 1(5), Jan. 2,

1975, 88 Stat. 1968; Pub. L. 98-525, title V, Sec. 515, Oct. 19,

1984, 98 Stat. 2522; Pub. L. 99-433, title V, Sec. 522(a), Oct. 1,

1986, 100 Stat. 1060.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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8031(a) 8031(b) 10:1811(a). Sept. 19, 1951, ch.

10:1811(b). 407, Sec. 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 Secretary of the Air Force'' are

omitted, since the Secretary has inherent authority to issue

regulations appropriate to exercising his statutory functions.

In subsection (b), 10:1811(b) (proviso) is omitted as superseded

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 ''officers

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 terminated.

In subsection (d), the words ''now or hereafter'' are omitted as

surplusage and as executed. The second sentence 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

subsection does not apply'' are substituted for the words ''and

shall be inapplicable''.

AMENDMENTS

1986 - Pub. L. 99-433 amended section generally, substituting

''The Air Staff: function; composition'' for ''Composition:

assignment and detail of members of Air Force and civilians'' in

section catchline and substituting in text provisions relating to

establishment and composition of the Air Staff and authorizing the

Secretary to prescribe the organization, duties, and titles of the

Air Staff for provisions relating to establishment and composition

of the Air Staff, authorizing the Secretary to prescribe the

organization, duties, and titles of the Air Staff, and limiting the

number of officers 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 Secretary 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 detailed 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

public interest, and that the subsection did not apply in time of

war, or of national emergency declared by Congress.

1975 - Subsec. (c). Pub. L. 93-608 struck out requirement of

annual report to Congress on the number of officers 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.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 515 of Pub. L. 98-525 provided in part that the repeal of

subsec. (d) of this section is effective Oct. 1, 1984.

-CITE-

10 USC Sec. 8032 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART I - ORGANIZATION

CHAPTER 805 - THE AIR STAFF

-HEAD-

Sec. 8032. The Air Staff: general duties

-STATUTE-

(a) The Air Staff shall furnish professional assistance 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 section 8014 of this

title, prepare for such employment of the Air Force, and for such

recruiting, organizing, supplying, equipping (including those

aspects of research and development assigned 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 execution of approved

plans and supervise the execution of those plans and

instructions;

(4) as directed by the Secretary or the Chief of Staff,

coordinate the action of organizations of the Air Force; and

(5) perform such other duties, not otherwise assigned by law,

as may be prescribed by the Secretary.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 490; Pub. L. 85-599, Sec. 4(h),

Aug. 6, 1958, 72 Stat. 517; Pub. L. 99-433, title V, Sec. 522(b),

Oct. 1, 1986, 100 Stat. 1060.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8032(a) 8032(b) 10:1815(a). Sept. 19, 1951, ch.

10:1815(b). 407, Sec. 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 function of''

are substituted for the words ''power vested in, duty imposed upon,

or function assigned to''.

In subsection (b)(2), the words ''all questions affecting'' and

''state of'' are omitted as surplusage.

AMENDMENTS

1986 - Pub. L. 99-433, Sec. 522(b)(3), substituted ''The Air

Staff: general duties'' for ''General duties'' in section

catchline.

Subsec. (a). Pub. L. 99-433, Sec. 522(b)(1), inserted ''of the

Air Force'' after ''Chief of Staff''.

Subsec. (b). Pub. L. 99-433, Sec. 522(b)(2), substituted ''Under

the authority, direction, and control of the Secretary 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 military 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 Department of the Air Force; and''.

1958 - Subsec. (b)(1). Pub. L. 85-599 substituted ''prepare for

such employment of the Air Force'' for ''prepare such plans for the

national security, for employment of the Air Force for that

purpose, both separately and in conjunction with the land and naval

forces''.

-CITE-

10 USC Sec. 8033 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART I - ORGANIZATION

CHAPTER 805 - THE AIR STAFF

-HEAD-

Sec. 8033. Chief of Staff

-STATUTE-

(a)(1) There is a Chief of Staff of the Air Force, appointed for

a period of four years by the President, 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 President. In time of war or

during a national emergency declared by Congress, he may be

reappointed 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 defined in section 664(f) of this

title) as a general 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

8013(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 Secretary.

(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 recommendations of the Air

Staff by the Secretary, 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 chapter 6 of this title, over such of the members and

organizations of the Air Force as the Secretary determines;

(5) perform the duties prescribed for him by section 171 of

this title and other provisions of law; and

(6) perform such other military duties, not otherwise assigned

by law, as are assigned to him by the President, the Secretary of

Defense, 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 impair 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

inform 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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 492, Sec. 8034; Pub. L. 85-599,

Sec. 4(d), (e), Aug. 6, 1958, 72 Stat. 517; Pub. L. 87-651, title

I, Sec. 114, Sept. 7, 1962, 76 Stat. 513; Pub. L. 90-22, title IV,

Sec. 403, June 5, 1967, 81 Stat. 53; Pub. L. 96-513, title V, Sec.

504(2), Dec. 12, 1980, 94 Stat. 2915; Pub. L. 97-22, Sec. 10(b)(9),

July 10, 1981, 95 Stat. 137; renumbered Sec. 8033 and amended Pub.

L. 99-433, title V, Sec. 522(c), Oct. 1, 1986, 100 Stat. 1061; Pub.

L. 100-456, div. A, title V, Sec. 519(a)(3), Sept. 29, 1988, 102

Stat. 1972.)

-MISC1-

Historical and Revision Notes

1956 Act

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8034(a) 8034(b) 10:1812 (1st Sept. 19, 1951, ch.

sentence). 10:1812 407, Sec. 202, 204,

(less 1st 65 Stat. 328.

sentence).

8034(c) 8034(d) 10:1814(a) (1st 10 June 3, 1916, ch.

words). 10:1814(b) 134, Sec. 5 (last

(2d sentence). par.); added June

10:1814(c). 10:38 15, 1933, ch. 87,

(last par.). Sec. 2 (last par.),

10:1814(a) (less 48 Stat. 154.

1st 10 words).

10:1814(b) (less 2d

sentence).

-------------------------------

In subsection (a), the words ''not for'' are substituted for the

words ''no person shall serve as Chief of Staff for a term of''.

In subsection (b), the words ''so serving'' are substituted for

the words ''holding office as such''. The words ''regular or

reserve'' are substituted for the word ''permanent'', since there

are no other ''permanent'' grades in the Air Force. The words ''in

the Air Force'' are omitted as surplusage. The words ''and shall

take rank as prescribed by law'' are omitted as superseded by

section 743 of this title. The words ''He shall receive the

compensation prescribed by law'' are omitted as covered by the

Career Compensation Act of 1949, 63 Stat. 802 (37 U.S.C. 231 et

seq.).

In subsection (c), the provisions of 10:1814 relating to the

direction of the Secretary of the Air Force over the Chief of Staff

are combined. The words ''and subsection (c) of this section'' and

''state of'' are omitted as surplusage.

In subsection (d), 10:38 (last par.) is omitted as covered by

10:1814(a). The words ''and other provisions of law'' are

substituted for the words ''and by other laws''.

1962 ACT

The changes correct references to section 202(j) of the National

Security Act of 1947, which is now set out as section 124 of title

10.

PRIOR PROVISIONS

A prior section 8033 was renumbered section 10305 of this title.

AMENDMENTS

1988 - Subsec. (a)(2)(B). Pub. L. 100-456 substituted ''full tour

of duty in a joint duty assignment (as defined in section 664(f) of

this title)'' for ''joint duty assignment''.

1986 - Pub. L. 99-433 renumbered section 8034 of this title as

this section, substituted ''Chief of Staff'' for ''Chief of Staff:

appointment; duties'' in section catchline, and amended text

generally. Prior to amendment, text read as follows:

''(a) The Chief of Staff shall be appointed for a period of four

years by the President, by and with the advice and consent of the

Senate, from the general officers of the Air Force. He serves

during the pleasure of the President. In time of war or national

emergency declared by the Congress after December 31, 1968, he may

be reappointed for a term of not more than four years.

''(b) The Chief of Staff, while so serving, has the grade of

general without vacating his regular or reserve grade.

''(c) Except as otherwise prescribed by law and subject to

section 8012(c) and (d) of this title, the Chief of Staff performs

his duties under the direction of the Secretary of the Air Force,

and is directly responsible to the Secretary for the efficiency of

the Air Force, its preparedness for military operations, and plans

therefor.

''(d) The Chief of Staff shall -

''(1) preside over the Air Staff;

''(2) send the plans and recommendations of the Air Staff to

the Secretary, and advise him with regard thereto;

''(3) after approval of the plans or recommendations of the Air

Staff by the Secretary, act as the agent of the Secretary in

carrying them into effect;

''(4) exercise supervision over such of the members and

organizations of the Air Force as the Secretary of the Air Force

determines. Such supervision shall be exercised in a manner

consistent with the full operational command vested in unified or

specified combatant commanders under section 124 of this title.

''(5) perform the duties prescribed for him by sections 141 and

171 of this title and other provisions of law; and

''(6) perform such other military duties, not otherwise

assigned by law, as are assigned to him by the President.''

1981 - Subsec. (b). Pub. L. 97-22 struck out the comma after

''his regular or reserve grade''.

1980 - Subsec. (b). Pub. L. 96-513 struck out ''and is counted as

one of the officers authorized to serve in a grade above lieutenant

general under section 8066 of this title'' after ''without vacating

his regular or reserve grade''.

1967 - Subsec. (a). Pub. L. 90-22 changed the requirement that

the Chief of Staff be reappointed only with the advice and consent

of the Senate by providing for his reappointment for a term of not

more than four years by the President without such advice and

consent in a time of war or national emergency as declared by the

Congress.

1962 - Subsec. (d)(4). Pub. L. 87-651 substituted ''under section

124 of this title'' for ''pursuant to section 202(j) of the

National Security Act of 1947, as amended''.

1958 - Subsec. (d)(4) to (7). Pub. L. 85-599 redesignated pars.

(5) to (7) as (4) to (6), respectively, and in par. (4), as

redesignated, required the Chief of Staff to exercise supervision

only as the Secretary of the Air Force determines and in a manner

consistent with the full operational command vested in unified or

specified combatant commanders. Former par. (4), which related to

command over the air defense, strategic, tactical, and other major

commands, was struck out.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 10(b) of Pub. L. 97-22 provided that the amendment made

by that section is effective Sept. 15, 1981.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section

701 of Pub. L. 96-513, set out as a note under section 101 of this

title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-22 effective Jan. 1, 1969, see section

405 of Pub. L. 90-22, set out as a note under section 3034 of this

title.

WAIVER OF QUALIFICATIONS FOR APPOINTMENT AS SERVICE CHIEF

For provisions giving President temporary authority to waive

requirements in subsec. (a)(2) of this section, see section 532(c)

of Pub. L. 99-433, formerly set out as a note under section 3033 of

this title.

-CITE-

10 USC Sec. 8034 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART I - ORGANIZATION

CHAPTER 805 - THE AIR STAFF

-HEAD-

Sec. 8034. Vice Chief of Staff

-STATUTE-

(a) There is a Vice Chief of Staff of the Air Force, appointed by

the President, by and with the advice and consent of the Senate,

from the general officers of the Air Force.

(b) The Vice Chief of Staff of the Air Force, while so serving,

has the grade of general without vacating his permanent grade.

(c) The Vice Chief of Staff has such authority and duties with

respect to the Department of the Air Force as the Chief of Staff,

with the approval of the Secretary of the Air Force, may delegate

to or prescribe for him. Orders issued by the Vice Chief of Staff

in performing such duties have the same effect as those issued by

the Chief of Staff.

(d) When there is a vacancy in the office of Chief of Staff or

during the absence or disability of the Chief of Staff -

(1) the Vice Chief of Staff shall perform the duties of the

Chief of Staff until a successor is appointed or the absence or

disability ceases; or

(2) if there is a vacancy in the office of the Vice Chief of

Staff or the Vice Chief of Staff is absent or disabled, unless

the President directs otherwise, the most senior officer of the

Air Force in the Air Staff who is not absent or disabled and who

is not restricted in performance of duty shall perform the duties

of the Chief of Staff until a successor to the Chief of Staff or

the Vice Chief of Staff is appointed or until the absence or

disability of the Chief of Staff or Vice Chief of Staff ceases,

whichever occurs first.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 492, Sec. 8035; Pub. L. 85-599,

Sec. 6(d), Aug. 6, 1958, 72 Stat. 519; renumbered Sec. 8034 and

amended Pub. L. 99-433, title V, Sec. 522(d), Oct. 1, 1986, 100

Stat. 1062.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8035(a) 10:1813(a) (1st Sept. 19, 1951, ch.

sentence). 407, Sec. 203, 65

Stat. 328.

8035(b) 10:1813(a) (less 1st

sentence).

8035(c) 10:1813(b).

-------------------------------

In subsection (a), the words ''of the Air Force'' are omitted as

surplusage.

In subsection (b), the words ''if the Chief of Staff is absent or

disabled or if that office is vacant'' are substituted for

10:1813(a) (1st 18 words of last sentence). The words ''the

officer who is highest on the following list and'' are inserted for

clarity. The words ''until his successor is appointed'' are

omitted as surplusage.

In subsection (c), the words ''If the Vice Chief of Staff is

absent or disabled or if that office is vacant'' are substituted

for 10:1813(b) (1st 19 words).

PRIOR PROVISIONS

A prior section 8034 was renumbered section 8033 of this title.

AMENDMENTS

1986 - Pub. L. 99-433, Sec. 522(d), renumbered section 8035 of

this title as this section.

Pub. L. 99-433, Sec. 522(d)(5), substituted ''Vice Chief of

Staff'' for ''Vice Chief of Staff; Deputy Chiefs of Staff:

succession to duties of Chief of Staff and Vice Chief of Staff'' in

section catchline.

Subsecs. (a), (b). Pub. L. 99-433, Sec. 522(d)(1), substituted

subsecs. (a) and (b) for former subsecs. (a) and (b) which read as

follows:

''(a) The Vice Chief of Staff and the Deputy Chiefs of Staff

shall be general officers detailed to those positions.

''(b) If the Chief of Staff is absent or disabled or if that

office is vacant, the officer who is highest on the following list

and who is not absent or disabled shall, unless otherwise directed

by the President, perform the duties of the Chief of Staff until a

successor is appointed or the absence or disability ceases:

''(1) The Vice Chief of Staff.

''(2) The Deputy Chiefs of Staff in order of seniority.''

Subsec. (c). Pub. L. 99-433, Sec. 522(d)(2), (3), redesignated

subsec. (d) as (c) and struck out former subsec. (c) which read as

follows: ''If the Vice Chief of Staff is absent or disabled or if

that office is vacant, the senior Deputy Chief of Staff who is not

absent or disabled shall, unless otherwise directed by the

Secretary of the Air Force, perform the duties of the Vice Chief of

Staff until a successor is designated or the absence or disability

ceases.''

Subsec. (d). Pub. L. 99-433, Sec. 522(d)(3), (4), added subsec.

(d). Former subsec. (d) was redesignated (c).

1958 - Subsec. (d). Pub. L. 85-599 added subsec. (d).

-CITE-

10 USC Sec. 8035 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART I - ORGANIZATION

CHAPTER 805 - THE AIR STAFF

-HEAD-

Sec. 8035. Deputy Chiefs of Staff and Assistant Chiefs of Staff

-STATUTE-

(a) The Deputy Chiefs of Staff and the Assistant Chiefs of Staff

shall be general officers detailed to those positions.

(b) The number of Deputy Chiefs of Staff and Assistant Chiefs of

Staff shall be prescribed by the Secretary, except that -

(1) there may not be more than five Deputy Chiefs of Staff; and

(2) there may not be more than three Assistant Chiefs of Staff.

-SOURCE-

(Added Pub. L. 99-433, title V, Sec. 522(e), Oct. 1, 1986, 100

Stat. 1062.)

-MISC1-

PRIOR PROVISIONS

A prior section 8035 was renumbered section 8034 of this title.

-CITE-

10 USC Sec. 8036 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART I - ORGANIZATION

CHAPTER 805 - THE AIR STAFF

-HEAD-

Sec. 8036. Surgeon General: appointment; grade

-STATUTE-

There is a Surgeon General of the Air Force who is appointed by

the President by and with the advice and consent of the Senate from

officers of the Air Force who are in the Air Force medical

department. The Surgeon General, while so serving, has the grade

of lieutenant general.

-SOURCE-

(Added Pub. L. 89-288, Sec. 5(a), Oct. 22, 1965, 79 Stat. 1050;

amended Pub. L. 99-433, title V, Sec. 522(g)(2), Oct. 1, 1986, 100

Stat. 1063; Pub. L. 104-106, div. A, title V, Sec. 506(c), Feb.

10, 1996, 110 Stat. 296.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-106 substituted ''in the Air Force medical

department'' for ''designated as medical officers under section

8067(a) of this title''.

1986 - Pub. L. 99-433 substituted a semicolon for the comma in

section catchline.

-CITE-

10 USC Sec. 8037 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART I - ORGANIZATION

CHAPTER 805 - THE AIR STAFF

-HEAD-

Sec. 8037. Judge Advocate General, Deputy Judge Advocate General:

appointment; duties

-STATUTE-

(a) There is a Judge Advocate General in the Air Force, who is

appointed by the President, by and with the advice and consent of

the Senate, from officers of the Air Force. The term of office is

four years, but may be sooner terminated or extended by the

President. An appointee who holds a lower regular grade shall be

appointed in the regular grade of major general.

(b) The Judge Advocate General of the Air Force shall be

appointed from those officers who at the time of appointment are

members of the bar of a Federal court or the highest court of a

State or Territory, and who have had at least eight years of

experience in legal duties as commissioned officers.

(c) The Judge Advocate General shall, in addition to other duties

prescribed by law -

(1) receive, revise, and have recorded the proceedings of

courts of inquiry and military commissions; and

(2) perform such other legal duties as may be directed by the

Secretary of the Air Force.

(d)(1) There is a Deputy Judge Advocate General in the Air Force,

who is appointed by the President, by and with the advice and

consent of the Senate, from officers of the Air Force who have the

qualifications prescribed in subsection (b) for the Judge Advocate

General. The term of office of the Deputy Judge Advocate General is

four years, but may be sooner terminated or extended by the

President. An officer appointed as Deputy Judge Advocate General

who holds a lower regular grade shall be appointed in the regular

grade of major general.

(2) When there is a vacancy in the office of the Judge Advocate

General, or during the absence or disability of the Judge Advocate

General, the Deputy Judge Advocate General shall perform the duties

of the Judge Advocate General until a successor is appointed or the

absence or disability ceases.

(3) When paragraph (2) cannot be complied with because of the

absence or disability of the Deputy Judge Advocate General, the

heads of the major divisions of the Office of the Judge Advocate

General, in the order directed by the Secretary of the Air Force,

shall perform the duties of the Judge Advocate General, unless

otherwise directed by the President.

(e) Under regulations prescribed by the Secretary of Defense, the

Secretary of the Air Force, in selecting an officer for

recommendation to the President under subsection (a) for

appointment as the Judge Advocate General or under subsection (d)

for appointment as the Deputy Judge Advocate General, shall ensure

that the officer selected is recommended by a board of officers

that, insofar as practicable, is subject to the procedures

applicable to selection boards convened under chapter 36 of this

title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 495, Sec. 8072; Pub. L. 96-343,

Sec. 12(a), (b)(1), Sept. 8, 1980, 94 Stat. 1130, 1131; renumbered

Sec. 8037, Pub. L. 99-433, title V, Sec. 522(f), Oct. 1, 1986, 100

Stat. 1063; Pub. L. 103-337, div. A, title V, Sec. 504(c), Oct. 5,

1994, 108 Stat. 2751; Pub. L. 104-106, div. A, title V, Sec.

507(a), Feb. 10, 1996, 110 Stat. 296.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8072(a) 8072(b) 10:1840(a). 50:741. Sept. 19, 1951, ch.

8072(c) 10:62, 10:1840(b) 407, Sec. 310(a),

(last sentence). (b) (less 1st

sentence), 65 Stat.

332. May 5, 1950,

ch. 169, Sec. 13

(as applicable to

Air Force), 64

Stat. 147.

R.S. 1199.

June 23, 1874, ch.

458, Sec. 2, 18

Stat. 244.

-------------------------------

In subsection (a), the words ''subject to the provisions of

section 741 of Title 50'' are omitted as surplusage. The words

''but may be sooner terminated, or extended, by the President'' are

substituted for 10:1840(a) (last 11 words of 1st sentence, and 2d

sentence). 10:1840(a) (1st 46 words of 3d sentence) is omitted as

surplusage. 10:1840(a) (last sentence) is omitted as executed. The

words ''by the President, by and with the advice and consent of the

Senate'', as they relate to the appointment as a major general in

the Regular Air Force, are omitted as covered by section 8284 of

this title.

In subsection (b), the words ''Hereafter'' and ''exclusive of the

present incumbents'' are omitted as surplusage. The words ''at

least'' are substituted for the words ''not less than a total''.

In subsection (c), the Act of June 23, 1874, ch. 458, Sec. 2

(words before semicolon of 1st sentence, and last sentence), 18

Stat. 244, are not contained in 10:62. They are also omitted from

the revised section, since the Air Force does not have organic

corps created by statute.

AMENDMENTS

1996 - Subsec. (d)(1). Pub. L. 104-106 substituted ''four years''

for ''two years'' and ''An officer appointed as Deputy Judge

Advocate General who holds a lower regular grade shall be appointed

in the regular grade of major general.'' for ''An officer appointed

as Deputy Judge Advocate General shall be appointed in a regular

grade to be determined by the Secretary of Defense.''

1994 - Subsec. (e). Pub. L. 103-337 added subsec. (e).

1980 - Pub. L. 96-343, Sec. 12(b)(1), substituted ''General,

Deputy Judge Advocate General:'' for ''General:'' in section

catchline.

Subsec. (d). Pub. L. 96-343, Sec. 12(a), added subsec. (d).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 507(b) of Pub. L. 104-106 provided that: ''The amendments

made by subsection (a) (amending this section) apply to any

appointment to the position of Deputy Judge Advocate General of the

Air Force that is made after the date of the enactment of this Act

(Feb. 10, 1996).''

-CITE-

10 USC Sec. 8038 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART I - ORGANIZATION

CHAPTER 805 - THE AIR STAFF

-HEAD-

Sec. 8038. Office of Air Force Reserve: appointment of Chief

-STATUTE-

(a) There is in the executive part of the Department of the Air

Force an Office of Air Force Reserve which is headed by a chief who

is the adviser to the Chief of Staff on Air Force Reserve matters.

(b) Appointment. - (1) The President, by and with the advice and

consent of the Senate, shall appoint the Chief of Air Force Reserve

from general officers of the Air Force Reserve who have had at

least 10 years of commissioned service in the Air Force.

(2) The Secretary of Defense may not recommend an officer to the

President for appointment as Chief of Air Force Reserve unless the

officer -

(A) is recommended by the Secretary of the Air Force; and

(B) is determined by the Chairman of the Joint Chiefs of Staff,

in accordance with criteria and as a result of a process

established by the Chairman, to have significant joint duty

experience.

(3) An officer on active duty for service as the Chief of Air

Force Reserve shall be counted for purposes of the grade

limitations under sections 525 and 526 of this title.

(4) Until December 31, 2004, the Secretary of Defense may waive

subparagraph (B) of paragraph (2) with respect to the appointment

of an officer as Chief of Air Force Reserve if the Secretary of the

Air Force requests the waiver and, in the judgment of the Secretary

of Defense -

(A) the officer is qualified for service in the position; and

(B) the waiver is necessary for the good of the service.

Any such waiver shall be made on a case-by-case basis.

(c) Term; Reappointment; Grade. - (1) The Chief of Air Force

Reserve is appointed for a period of four years, but may be removed

for cause at any time. An officer serving as Chief of Air Force

Reserve may be reappointed for one additional four-year period.

(2) The Chief of Air Force Reserve, while so serving, holds the

grade of lieutenant general.

(d) Budget. - The Chief of Air Force Reserve is the official

within the executive part of the Department of the Air Force who,

subject to the authority, direction, and control of the Secretary

of the Air Force and the Chief of Staff, is responsible for

preparation, justification, and execution of the personnel,

operation and maintenance, and construction budgets for the Air

Force Reserve. As such, the Chief of Air Force Reserve is the

director and functional manager of appropriations made for the Air

Force Reserve in those areas.

(e) Full Time Support Program. - The Chief of Air Force Reserve

manages, with respect to the Air Force Reserve, the personnel

program of the Department of Defense known as the Full Time Support

Program.

(f) Annual Report. - (1) The Chief of Air Force Reserve shall

submit to the Secretary of Defense, through the Secretary of the

Air Force, an annual report on the state of the Air Force Reserve

and the ability of the Air Force Reserve to meet its missions. The

report shall be prepared in conjunction with the Chief of Staff of

the Air Force and may be submitted in classified and unclassified

versions.

(2) The Secretary of Defense shall transmit the annual report of

the Chief of Air Force Reserve under paragraph (1) to Congress,

together with such comments on the report as the Secretary

considers appropriate. The report shall be transmitted at the same

time each year that the annual report of the Secretary under

section 113 of this title is submitted to Congress.

-SOURCE-

(Added Pub. L. 90-168, Sec. 2(19), Dec. 1, 1967, 81 Stat. 524, Sec.

8019; renumbered Sec. 8038 and amended Pub. L. 99-433, title V,

Sec. 521(a)(2), 522(g)(3), Oct. 1, 1986, 100 Stat. 1055, 1063; Pub.

L. 103-337, div. A, title XVI, Sec. 1674(c)(1), Oct. 5, 1994, 108

Stat. 3016; Pub. L. 104-201, div. A, title XII, Sec. 1212(d),

Sept. 23, 1996, 110 Stat. 2693; Pub. L. 105-85, div. A, title X,

Sec. 1073(a)(65), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 106-65,

div. A, title V, Sec. 554(e), Oct. 5, 1999, 113 Stat. 617; Pub. L.

106-398, Sec. 1 ((div. A), title V, Sec. 507(d)), Oct. 30, 2000,

114 Stat. 1654, 1654A-104; Pub. L. 107-314, div. A, title V, Sec.

501(a), Dec. 2, 2002, 116 Stat. 2529.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(4). Pub. L. 107-314 substituted ''December 31,

2004'' for ''October 1, 2003''.

2000 - Subsec. (b). Pub. L. 106-398 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''The

President, by and with the advice and consent of the Senate, shall

appoint the Chief of Air Force Reserve from officers of the Air

Force Reserve not on active duty, or on active duty under section

10211 of this title, who -

''(1) have had at least 10 years of commissioned service in the

Air Force;

''(2) are in grade of brigadier general and above; and

''(3) have been recommended by the Secretary of the Air

Force.''

Subsec. (c). Pub. L. 106-398 amended subsec. (c) generally.

Prior to amendment, subsec. (c) read as follows: ''The Chief of Air

Force Reserve holds office for four years, but may be removed for

cause at any time. He is eligible to succeed himself. If he holds

a lower reserve grade, he shall be appointed in the grade of major

general for service in the Air Force Reserve. However, if selected

in accordance with section 12505 of this title, he may be appointed

in the grade of lieutenant general.''

1999 - Subsec. (c). Pub. L. 106-65 inserted at end ''However, if

selected in accordance with section 12505 of this title, he may be

appointed in the grade of lieutenant general.''

1997 - Subsec. (e). Pub. L. 105-85 struck out ''(1)'' before

''The Chief of Air Force''.

1996 - Subsecs. (d) to (f). Pub. L. 104-201 added subsecs. (d) to

(f).

1994 - Subsec. (b). Pub. L. 103-337 substituted ''10211'' for

''265''.

1986 - Subsec. (a). Pub. L. 99-433, Sec. 522(g)(3), struck out

the comma after ''Chief of Staff''.

EFFECTIVE DATE OF 1999 AMENDMENT; APPLICABILITY TO INCUMBENTS

Amendment by Pub. L. 106-65 effective 60 days after Oct. 5, 1999,

with special provision for an officer who is a covered position

incumbent who is appointed under that amendment to the grade of

lieutenant general or vice admiral, see section 554(g), (h) of Pub.

L. 106-65, set out as a note under section 3038 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

EFFECTIVE DATE

Section effective on first day of first calendar month following

date of enactment of Pub. L. 90-168, which was approved Dec. 1,

1967, see section 7 of Pub. L. 90-168, set out as an Effective Date

of 1967 Amendment note under section 138 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 641 of this title.

-CITE-