1. U.S. Code
  2. title 10
  3. subtitle D
  4. part I
  5. chapter 905
  6. § 9039

Collapse to view only § 9039. Chief of Chaplains: appointment; duties

§ 9031. The Air Staff: function; composition
(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 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 duties 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;

CITE AS: 10 USC 9031

§ 9032. The Air Staff: general duties
(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 9014 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.
(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.)

CITE AS: 10 USC 9032

§ 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 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) 1
1 See References in Text note below.
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 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 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 sections 171 and 3104 of this title and other provisions of law, including pursuant to section 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 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 492, § 8034; Pub. L. 85–599, § 4(d), (e), Aug. 6, 1958, 72 Stat. 517; Pub. L. 87–651, title I, § 114, Sept. 7, 1962, 76 Stat. 513; Pub. L. 90–22, title IV, § 403, June 5, 1967, 81 Stat. 53; Pub. L. 96–513, title V, § 504(2), Dec. 12, 1980, 94 Stat. 2915; Pub. L. 97–22, § 10(b)(9), July 10, 1981, 95 Stat. 137; renumbered § 8033 and amended Pub. L. 99–433, title V, § 522(c), Oct. 1, 1986, 100 Stat. 1061; Pub. L. 100–456, div. A, title V, § 519(a)(3), Sept. 29, 1988, 102 Stat. 1972; Pub. L. 114–92, div. A, title VIII, § 802(d)(4)(D), title XVI, § 1652(a)(3), Nov. 25, 2015, 129 Stat. 880, 1122; renumbered § 9033 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(c), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title XVIII, § 1808(d)(3), as added Pub. L. 117–81, div. A, title XVII, § 1701(r)(2), Dec. 27, 2021, 135 Stat. 2149; Pub. L. 116–283, div. A, title XVIII, § 1847(e)(6)(B), Jan. 1, 2021, 134 Stat. 4257; Pub. L. 117–81, div. A, title XVII, § 1701(r)(1)(B), Dec. 27, 2021, 135 Stat. 2149.)

CITE AS: 10 USC 9033

§ 9034. Vice Chief of Staff
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 492, § 8035; Pub. L. 85–599, § 6(d), Aug. 6, 1958, 72 Stat. 519; renumbered § 8034 and amended Pub. L. 99–433, title V, § 522(d), Oct. 1, 1986, 100 Stat. 1062; renumbered § 9034, Pub. L. 115–232, div. A, title VIII, § 806(c), Aug. 13, 2018, 132 Stat. 1833.)

CITE AS: 10 USC 9034

§ 9035. Deputy Chiefs of Staff and Assistant Chiefs of Staff
(a) The Deputy Chiefs of Staff and the Assistant Chiefs of Staff shall be general officers detailed to those positions.
(b) The Secretary of the Air Force shall prescribe the number of Deputy Chiefs of Staff and Assistant Chiefs of Staff, for a total of not more than eight positions.
(Added Pub. L. 99–433, title V, § 522(e), Oct. 1, 1986, 100 Stat. 1062, § 8035; Pub. L. 110–181, div. A, title IX, § 902(c), Jan. 28, 2008, 122 Stat. 273; renumbered § 9035, Pub. L. 115–232, div. A, title VIII, § 806(c), Aug. 13, 2018, 132 Stat. 1833.)

CITE AS: 10 USC 9035

§ 9036. Surgeon General: appointment; duties
(a)Appointment.—The Surgeon General of the Air Force shall be 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.
(b)Duties.—
(1) The Surgeon General serves as the principal advisor to the Secretary of the Air Force, the Chief of Staff of the Air Force, and the Chief of Space Operations on all health and medical matters of the Air Force and the Space Force, including strategic planning and policy development relating to such matters.
(2) The Surgeon General serves as the chief medical advisor of the Air Force and the Space Force to the Director of the Defense Health Agency on matters pertaining to military health readiness requirements and safety of members of the Air Force and members of the Space Force.
(3) The Surgeon General, acting under the authority, direction, and control of the Secretary of the Air Force, shall recruit, organize, train, and equip, medical personnel of the Air Force.
(Added Pub. L. 89–288, § 5(a), Oct. 22, 1965, 79 Stat. 1050, § 8036; amended Pub. L. 99–433, title V, § 522(g)(2), Oct. 1, 1986, 100 Stat. 1063; Pub. L. 104–106, div. A, title V, § 506(c), Feb. 10, 1996, 110 Stat. 296; Pub. L. 114–328, div. A, title VII, § 702(b)(3)(A), Dec. 23, 2016, 130 Stat. 2196; renumbered § 9036, 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)(6), Jan. 1, 2021, 134 Stat. 3809.)

CITE AS: 10 USC 9036

§ 9037. Judge Advocate General, Deputy Judge Advocate General: appointment; duties
(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.
(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, and who have had at least eight years of experience in legal duties as commissioned officers.
(c) The Judge Advocate General, in addition to other duties prescribed by law—
(1) is the legal adviser of the Secretary of the Air Force and of all officers and agencies of the Department of the Air Force;
(2) shall direct the officers of the Air Force designated as judge advocates in the performance of their duties; and
(3) shall receive, revise, and have recorded the proceedings of courts of inquiry and military commissions.
(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.
(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)
(1) 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.
(2) If the Secretary of the Air Force elects to convene a selection board under section 611(a) of this title to consider eligible officers for selection to appointment as Deputy Judge Advocate General, the Secretary may, in connection with such consideration for selection—
(A) treat any section in chapter 36 of this title referring to promotion to the next higher grade as if such section referred to promotion to a higher grade; and
(B) waive section 619(a)(2) of this title if the Secretary determines that the needs of the Air Force or the Space Force require the waiver.
(f) No officer or employee of the Department of Defense may interfere with—
(1) the ability of the Judge Advocate General to give independent legal advice to the Secretary of the Air Force, the Chief of Staff of the Air Force, or the Chief of Space Operations; or
(2) the ability of officers of the Air Force who are designated as judge advocates who are assigned or attached to, or performing duty with, military units to give independent legal advice to commanders.
(Aug. 10, 1956, ch. 1041, 70A Stat. 495, § 8072; Pub. L. 96–343, § 12(a), (b)(1), Sept. 8, 1980, 94 Stat. 1130, 1131; renumbered § 8037, Pub. L. 99–433, title V, § 522(f), Oct. 1, 1986, 100 Stat. 1063; Pub. L. 103–337, div. A, title V, § 504(c), Oct. 5, 1994, 108 Stat. 2751; Pub. L. 104–106, div. A, title V, § 507(a), Feb. 10, 1996, 110 Stat. 296; Pub. L. 108–375, div. A, title V, § 574(c), Oct. 28, 2004, 118 Stat. 1922; Pub. L. 109–163, div. A, title V, § 508(c), title X, § 1057(a)(2), Jan. 6, 2006, 119 Stat. 3229, 3440; Pub. L. 110–181, div. A, title V, § 543(c), Jan. 28, 2008, 122 Stat. 115; Pub. L. 114–328, div. A, title V, § 502(kk), Dec. 23, 2016, 130 Stat. 2106; Pub. L. 115–91, div. A, title V, § 508(c), Dec. 12, 2017, 131 Stat. 1375; renumbered § 9037, 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)(7), Jan. 1, 2021, 134 Stat. 3809.)

CITE AS: 10 USC 9037

§ 9038. Office of Air Force Reserve: appointment of Chief
(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, 2006, 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.—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.
(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.—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.
(Added Pub. L. 90–168, § 2(19), Dec. 1, 1967, 81 Stat. 524, § 8019; renumbered § 8038 and amended Pub. L. 99–433, title V, §§ 521(a)(2), 522(g)(3), Oct. 1, 1986, 100 Stat. 1055, 1063; Pub. L. 103–337, div. A, title XVI, § 1674(c)(1), Oct. 5, 1994, 108 Stat. 3016; Pub. L. 104–201, div. A, title XII, § 1212(d), Sept. 23, 1996,

CITE AS: 10 USC 9038

§ 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.
(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.)

CITE AS: 10 USC 9039

§ 9040. Oversight of nuclear deterrence mission
(a)Oversight of Nuclear Deterrence Mission.—Subject to the authority, direction, and control of the Secretary of the Air Force, the Chief of Staff of the Air Force shall be responsible for overseeing the safety, security, reliability, effectiveness, and credibility of the nuclear deterrence mission of the Air Force.
(b)Deputy Chief of Staff.—Not later than March 1, 2016, the Chief of Staff shall designate a Deputy Chief of Staff to carry out the following duties:
(1) Provide direction, guidance, integration, and advocacy regarding the nuclear deterrence mission of the Air Force.
(2) Conduct monitoring and oversight activities regarding the safety, security, reliability, effectiveness, and credibility of the nuclear deterrence mission of the Air Force.
(3) Conduct periodic comprehensive assessments of all aspects of the nuclear deterrence mission of the Air Force and provide such assessments to the Secretary of the Air Force and the Chief of Staff of the Air Force.
(Added Pub. L. 114–92, div. A, title XVI, § 1652(a)(1), Nov. 25, 2015, 129 Stat. 1121, § 8040; renumbered § 9040, Pub. L. 115–232, div. A, title VIII, § 806(c), Aug. 13, 2018, 132 Stat. 1833.)

CITE AS: 10 USC 9040