USC Chapter 907

in effect

10 U.S.C. § 9061 Regulations

The President may prescribe regulations for the government of the Air Force.

10 U.S.C. § 9062 Policy; composition; aircraft authorization

(a) It is the intent of Congress to provide an Air Force that is capable, in conjunction with the other armed forces, of—(1) preserving the peace and security, and providing for the defense, of the United States, the Commonwealths and possessions, and any areas occupied by the United States; (2) supporting the national policies; (3) implementing the national objectives; and (4) overcoming any nations responsible for aggressive acts that imperil the peace and security of the United States. (b) There is a United States Air Force within the Department of the Air Force. (c) In general, the Air Force includes aviation forces both combat and service not otherwise assigned. It shall be organized, trained, and equipped primarily for prompt and sustained offensive and defensive air operations. It is responsible for the preparation of the air forces necessary for the effective prosecution of war except as otherwise assigned and, in accordance with integrated joint mobilization plans, for the expansion of the peacetime components of the Air Force to meet the needs of war. (d) The Air Force consists of—(1) the Regular Air Force, the Air National Guard of the United States, the Air National Guard while in the service of the United States, and the Air Force Reserve; (2) all persons appointed or enlisted in, or conscripted into, the Air Force without component; and (3) all Air Force units and other Air Force organizations, with their installations and supporting and auxiliary combat, training, administrative, and logistic elements; and all members of the Air Force, including those not assigned to units; necessary to form the basis for a complete and immediate mobilization for the national defense in the event of a national emergency. (e) Subject to subsection (f) of this section, chapter 911 of this title, and the strength authorized by law pursuant to section 115 of this title, the authorized strength of the Air Force is 70 Regular Air Force groups and such separate Regular Air Force squadrons, reserve groups, and supporting and auxiliary regular and reserve units as required. (f) There are authorized for the Air Force 24,000 serviceable aircraft or 225,000 airframe tons of serviceable aircraft, whichever the Secretary of the Air Force considers appropriate to carry out this section. This subsection does not apply to guided missiles. (g)(1) Effective October 1, 2011, the Secretary of the Air Force shall maintain a total aircraft inventory of strategic airlift aircraft of not less than 301 aircraft. Effective on the date that is 45 days after the date on which the report under section 141(c)(3) of the National Defense Authorization Act for Fiscal Year 2013 is submitted to the congressional defense committees, the Secretary shall maintain a total aircraft inventory of strategic airlift aircraft of not less than 275 aircraft. (2) In this subsection:(A) The term “strategic airlift aircraft” means an aircraft—(i) that has a cargo capacity of at least 150,000 pounds; and (ii) that is capable of transporting outsized cargo an unrefueled range of at least 2,400 nautical miles. (B) The term “outsized cargo” means any single item of equipment that exceeds 1,090 inches in length, 117 inches in width, or 105 inches in height. [(h) Repealed. Pub. L. 116–283, div. A, title I, § 132(b), Jan. 1, 2021, 134 Stat. 3430.] (i)(1) During the period beginning on October 1, 2017, and ending on October 1, 2026, the Secretary of the Air Force shall maintain a total aircraft inventory of fighter aircraft of not less than 1,800 aircraft, and a total primary mission aircraft inventory (combat-coded) of not less than 1,145 fighter aircraft. (2) In this subsection:(A) The term “fighter aircraft” means an aircraft that—(i) is designated by a mission design series prefix of F– or A–; (ii) is manned by one or two crewmembers; and (iii) executes single-role or multi-role missions, including air-to-air combat, air-to-ground attack, air interdiction, suppression or destruction of enemy air defenses, close air support, strike control and reconnaissance, combat search and rescue support, or airborne forward air control. (B) The term “primary mission aircraft inventory” means aircraft assigned to meet the primary aircraft authorization to a unit for the performance of its wartime mission. (j)(1) Except as provided in paragraphs (2) and (3), the Secretary of the Air Force shall maintain a total aircraft inventory of air refueling tanker aircraft—(A) of not less than 466 aircraft during the period ending on September 30, 2026; (B) of not less than 478 aircraft during the period beginning on October 1, 2026, and ending on September 30, 2027; (C) of not less than 490 aircraft during the period beginning on October 1, 2027, and ending on September 30, 2028; and (D) of not less than 502 aircraft beginning on October 1, 2028. (2) The Secretary of the Air Force may reduce the number of air refueling tanker aircraft in the total aircraft inventory of the Air Force below the applicable level specified in paragraph (1) only if—(A) the Secretary certifies to the congressional defense committees that such reduction is justified by the results of the mobility capability and requirements study conducted under section 144(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91); and (B) a period of 30 days has elapsed following the date on which the certification is made to the congressional defense committees under subparagraph (A). (3) In the case of a KC–135 aircraft that is replaced in the aircraft inventory by a KC–46 aircraft, the Secretary of the Air Force may reassign the KC–135 aircraft to any Air Refueling Wing that has the capacity to expand its aircraft inventory to include such reassigned aircraft. In determining whether an Air Refueling Wing has the capacity to so expand its inventory, the Secretary shall consider, among other things, the capacity of the Air Refueling Wing to man the additional aircraft and support pilot training requirements for the additional aircraft. (4) In this subsection:(A) The term “air refueling tanker aircraft” means an aircraft that has as its primary mission the refueling of other aircraft. (B) The term “total aircraft inventory” means aircraft authorized to a flying unit for operations or training. (k)(1) During the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023 and ending on September 30, 2027, the Secretary of the Air Force may not—(A) retire an F–22 aircraft; (B) reduce funding for unit personnel or weapon system sustainment activities for F–22 aircraft in a manner that presumes future congressional authority to divest such aircraft; (C) keep an F–22 aircraft in a status considered excess to the requirements of the possessing command and awaiting disposition instructions (commonly referred to as “XJ” status); or (D) decrease the total aircraft inventory of F–22 aircraft below 184 aircraft. (2) The prohibition under paragraph (1) shall not apply to individual F–22 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable and uneconomical to repair because of aircraft accidents, mishaps, or excessive material degradation and non-airworthiness status of certain aircraft. (l)(1) During the covered period, the Secretary of the Air Force may not retire more than a total of 51 F–15E aircraft as follows:(A) From the beginning of the covered period through the end of fiscal year 2026, the Secretary may not retire any F–15E aircraft. (B) In fiscal year 2027, the Secretary may not retire more than 21 F–15E aircraft. (C) In fiscal year 2028, the Secretary may not retire more than 30 F–15E aircraft. (2) During the covered period the Secretary of the Air Force may not—(A) reduce funding for unit personnel or weapon system sustainment activities for retained F–15E aircraft in a manner that presumes future congressional authority to divest such aircraft; or (B) keep an F–15E aircraft (other than an aircraft identified for retirement under paragraph (1)) in a status considered excess to the requirements of the possessing command and awaiting disposition instructions (commonly referred to as “XJ” status). (3) In this subsection, the term “covered period” means the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026 and ending on September 30, 2030. (m)(1) During the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 and ending on September 30, 2030, the Secretary of the Air Force may not—(A) retire an RQ–4 aircraft; (B) reduce funding for unit personnel or weapon system sustainment activities for RQ–4 aircraft in a manner that presumes future congressional authority to divest such aircraft; (C) keep an RQ–4 aircraft in a status considered excess to the requirements of the possessing command and awaiting disposition instructions (commonly referred to as “XJ” status); or (D) decrease the total aircraft inventory of RQ–4 aircraft below 10 aircraft. (2) The prohibition under paragraph (1) shall not apply to individual RQ–4 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable and uneconomical to repair because of aircraft accidents, mishaps, or excessive material degradation and non-airworthiness status of certain aircraft. (n)(1) The Secretary of the Air Force shall maintain a total inventory of intercontinental ballistic missiles sufficient to ensure that not fewer than 400 such missiles are operationally available. (2) Such intercontinental ballistic missiles shall be deployed among not fewer than 150 launch facilities dispersed across each of the following locations (for a total of not fewer than 450):(A) Francis E. Warren Air Force Base, Laramie County, Wyoming. (B) Malmstrom Air Force Base, Cascade County, Montana. (C) Minot Air Force Base, Ward County, North Dakota. (3) In this subsection, the term “intercontinental ballistic missile” means any combination of the LGM–30G Minuteman III intercontinental ballistic missile or the LGM–35A Sentinel intercontinental ballistic missile.

10 U.S.C. § 9062a Annual report on Air Force tactical fighter aircraft force structure

(a) In General.—Not later than April 1, 2025, and annually thereafter through 2030, the Secretary of the Air Force, in coordination with the Director of the Air National Guard and the Commander of the Air Force Reserve Command, shall—(1) develop a 10-year tactical fighter aircraft force structure, recapitalization, training, and sustainment plan for the active and reserve components of the Air Force; and (2) submit to the congressional defense committees a report on the plan. (b) Elements of Report.—The report required by subsection (a) shall address each of the following:(1) The appropriate mix of tactical fighter aircraft, and associated operational risk analyses, required for the Secretary of the Air Force to meet expected steady-state, global force management allocation plans and geographic combatant commander contingency operational plans tasked to the Air Force, using active and reserve component tactical fighter aircraft units. (2) The procurement, divestment, and unit activation, deactivation, or re-missioning plans or actions the Secretary plans to implement, fiscal year-by-fiscal year, unit-by-unit, for the 10-year period beginning on the date on which the report is submitted, for each active and reserve component tactical fighter aircraft unit existing as of such date of submittal, including the rationale and justification for any such plans or actions. (3) The actions the Secretary will take to ensure that required operational readiness rates are maintained during any planned recapitalization, modernization, or change of mission affecting tactical fighter aircraft units. (4) Any plans of the Secretary to augment or supplant existing piloted tactical fighter aircraft capability or capacity with collaborative combat aircraft increment 1 or increment 2 capability or capacity. (5) Any plans of the Secretary to augment or supplant existing piloted tactical fighter aircraft training events through the acquisition and fielding of common, joint, all-domain, high-fidelity synthetic simulation environments. (c) Form of Report.—The report required by subsection (a) shall be submitted in unclassified form with accompanying graphs, tables, and charts, but may contain a classified annex. (d) Fighter Aircraft Defined.—In this section, the term “fighter aircraft” has the meaning given that term in section 9062(i)(2) of this title.

10 U.S.C. § 9063 Designation: officers to perform certain professional functions

(a) Medical functions in the Air Force and the Space Force shall be performed by commissioned officers of the Air Force who are qualified under regulations prescribed by the Secretary of the Air Force and who are designated as medical officers. (b) Dental functions in the Air Force and the Space Force shall be performed by commissioned officers of the Air Force who are qualified under regulations prescribed by the Secretary and who are designated as dental officers. (c) Veterinary functions in the Air Force and the Space Force shall be performed by commissioned officers of the Air Force who are qualified under regulations prescribed by the Secretary, and who are designated as veterinary officers. (d) Medical service functions in the Air Force and the Space Force shall be performed by commissioned officers of the Air Force who are qualified under regulations prescribed by the Secretary, and who are designated as medical service officers. (e) Nursing functions in the Air Force and the Space Force shall be performed by commissioned officers of the Air Force who are qualified under regulations prescribed by the Secretary and who are designated as Air Force nurses. (f) Biomedical science functions, including physician assistant functions and chiropractic functions, in the Air Force and the Space Force shall be performed by commissioned officers of the Air Force who are qualified under regulations prescribed by the Secretary, and who are designated as biomedical science officers. (g) Judge advocate functions in the Air Force and the Space Force shall be performed by commissioned officers of the Air Force who are qualified under regulations prescribed by the Secretary, and who are designated as judge advocates. (h) Chaplain functions in the Air Force and the Space Force shall be performed by commissioned officers of the Air Force who are qualified under regulations prescribed by the Secretary and who are designated as chaplains. (i) Other functions in the Air Force and the Space Force requiring special training or experience shall be performed by members of the Air Force or the Space Force who are qualified under regulations prescribed by the Secretary, and who are designated as being in named categories.

10 U.S.C. § 9064 Air Force nurses: Chief; appointment

(a) Position of Chief.—There is a Chief of the Air Force Nurse Corps. (b) Chief.—The Secretary of the Air Force shall appoint the Chief from the officers of the Regular Air Force designated as Air Force nurses whose regular grade is above lieutenant colonel and who are recommended by the Surgeon General. The Chief serves during the pleasure of the Secretary.

10 U.S.C. § 9065 Commands: territorial organization

(a) Except as otherwise prescribed by law or by the Secretary of Defense, the Air Force shall be divided into such organizations as the Secretary of the Air Force may prescribe. (b) For Air Force purposes, the United States, its possessions, and other places in which the Air Force is stationed or is operating, may be divided into such areas as directed by the Secretary. Officers of the Air Force may be assigned to command Air Force activities, installations, and personnel in those areas. In the discharge of the Air Force’s functions or other functions authorized by law, officers so assigned have the duties and powers prescribed by the Secretary.

10 U.S.C. § 9066 Regular Air Force: composition

(a) The Regular Air Force is the component of the Air Force that consists of persons whose continuous service on active duty in both peace and war is contemplated by law, and of retired members of the Regular Air Force. (b) The Regular Air Force includes—(1) the officers and enlisted members of the Regular Air Force; (2) the professors, registrar, and cadets at the United States Air Force Academy; and (3) the retired officers and enlisted members of the Regular Air Force.

10 U.S.C. § 9067 Assistant Surgeon General for Dental Services

There is an Assistant Surgeon General for Dental Services in the Air Force who is appointed by the Secretary of the Air Force upon the recommendation of the Surgeon General from officers of the Air Force above the grade of lieutenant colonel who are designated as dental officers under section 9067(b) of this title. The Assistant Surgeon General for Dental Services serves at the pleasure of the Secretary.

10 U.S.C. § 9068 Air Force Global Strike Command

(a) Establishment.—There is in the Air Force a major command, which shall be known as Air Force Global Strike Command. (b) Commander.—(1) The Commander of Air Force Global Strike Command shall hold the grade of general while serving in that position, without vacating that officer’s permanent grade. The commander shall be appointed to that grade by the President, by and with the advice and consent of the Senate, for service in that position. (2) The commander shall serve as the single accountable officer responsible to the Secretary of the Air Force and the Chief of Staff of the Air Force for carrying out all aspects of Air Force nuclear and long-range strike missions in support of United States Strategic Command, including such aspects described in subsection (c). (c) Functions.—The Commander of Air Force Global Strike Command shall be responsible for carrying out all aspects and activities of the Air Force nuclear and long-range strike missions in support of United States Strategic Command. Such aspects include nuclear weapons, nuclear weapon delivery systems, long-range strike bomber aircraft, and the nuclear command, control, and communication systems. Such activities include the following:(1) Providing combat-ready nuclear and long-range conventional strike forces in support of Presidential and combatant commander directives. (2) Administrating, organizing, training, and equipping assigned and gained forces. (3) Assessing the readiness of assigned and gained forces and submitting to the Secretary and the Air Force Chief of Staff periodic reports with respect to such assessments. (4) Leading development in the Air Force of—(A) military requirements with respect to nuclear and long-range strike missions; (B) budget proposals necessary to carry out the missions of the Air Force Global Strike Command; (C) long-range investment plans and priorities to sustain, modernize, and recapitalize assigned forces; and (D) employment strategies, concepts, tactics, techniques, and procedures with respect to strategic deterrence, nuclear deterrence operation, and long-range strike operations. (5) Advising the Secretary, as necessary, on the adequacy of resources of the Department of the Air Force dedicated to support and execute nuclear missions. (6) Such other functions as the Secretary determines necessary or appropriate for execution of nuclear deterrence and long-range strike missions.