2013 US Code
Title 10 - Armed Forces
Subtitle D - Air Force (§§ 8010 - 9842)
Part I - ORGANIZATION (§§ 8010 - 8084)
Chapter 807 - THE AIR FORCE (§§ 8061 - 8084)
Section 8062 - Policy; composition; aircraft authorization
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle D - Air Force PART I - ORGANIZATION CHAPTER 807 - THE AIR FORCE Sec. 8062 - Policy; composition; aircraft authorization |
Contains | section 8062 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Aug. 10, 1956, ch. 1041, 70A Stat. 493; Pub. L. 96-513, title V, §504(4), Dec. 12, 1980, 94 Stat. 2916; Pub. L. 99-433, title I, §110(g)(10), Oct. 1, 1986, 100 Stat. 1004; Pub. L. 100-26, §7(g)(3), Apr. 21, 1987, 101 Stat. 282; Pub. L. 100-180, div. A, title XIII, §1314(b)(9), Dec. 4, 1987, 101 Stat. 1176; Pub. L. 109-163, div. A, title X, §1057(a)(6), Jan. 6, 2006, 119 Stat. 3441; Pub. L. 109-364, div. A, title I, §132, Oct. 17, 2006, 120 Stat. 2112; Pub. L. 111-84, div. A, title I, §139, Oct. 28, 2009, 123 Stat. 2223; Pub. L. 112-81, div. A, title I, §131, Dec. 31, 2011, 125 Stat. 1320; Pub. L. 112-239, div. A, title I, §§141(a), 142(a), Jan. 2, 2013, 126 Stat. 1659, 1662. |
Statutes at Large References | 61 Stat. 503 63 Stat. 591 64 Stat. 321 65 Stat. 329 66 Stat. 501 94 Stat. 2916 100 Stat. 1004 101 Stat. 282, 1176 119 Stat. 3441 120 Stat. 2112 122 Stat. 4416 123 Stat. 2223 124 Stat. 4191, 4374 125 Stat. 1320 126 Stat. 1659, 1661 |
Public Law References | Public Law 96-513, Public Law 99-433, Public Law 100-26, Public Law 100-180, Public Law 109-163, Public Law 109-364, Public Law 110-417, Public Law 111-84, Public Law 111-383, Public Law 112-81, Public Law 112-239 |
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(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 831 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)(1) Beginning October 1, 2011, the Secretary of the Air Force may not retire more than six B–1 aircraft.
(2) The Secretary shall maintain in a common capability configuration not less than 36 B–1 aircraft as combat-coded aircraft.
(3) In this subsection, the term "combat-coded aircraft" means aircraft assigned to meet the primary aircraft authorization to a unit for the performance of its wartime mission.
(Aug. 10, 1956, ch. 1041, 70A Stat. 493; Pub. L. 96–513, title V, §504(4), Dec. 12, 1980, 94 Stat. 2916; Pub. L. 99–433, title I, §110(g)(10), Oct. 1, 1986, 100 Stat. 1004; Pub. L. 100–26, §7(g)(3), Apr. 21, 1987, 101 Stat. 282; Pub. L. 100–180, div. A, title XIII, §1314(b)(9), Dec. 4, 1987, 101 Stat. 1176; Pub. L. 109–163, div. A, title X, §1057(a)(6), Jan. 6, 2006, 119 Stat. 3441; Pub. L. 109–364, div. A, title I, §132, Oct. 17, 2006, 120 Stat. 2112; Pub. L. 111–84, div. A, title I, §139, Oct. 28, 2009, 123 Stat. 2223; Pub. L. 112–81, div. A, title I, §131, Dec. 31, 2011, 125 Stat. 1320; Pub. L. 112–239, div. A, title I, §§141(a), 142(a), Jan. 2, 2013, 126 Stat. 1659, 1662.)
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8062(a) 8062(b) 8062(c) 8062(d) | 10:20. 5:626c(a). 5:626c(f). 10:20r(a). 10:1831. | July 26, 1947, ch. 343, §208(a), (f), 61 Stat. 503; Aug. 10, 1949, ch. 412, §12(d), 63 Stat. 591. |
8062(e) 8062(f) | 50:1091. 10:20r(b). 10:20t. | July 10, 1950, ch. 454, §§2, 201, 203, 64 Stat. 321, 323, 324. |
Sept. 19, 1951, ch. 407, §301, 65 Stat. 329. | ||
July 9, 1952, ch. 608, §601, 66 Stat. 501. |
In subsection (a), 10:20 (1st 19 words) is omitted as surplusage. The words "any areas occupied by the United States" are substituted for the words "occupied areas wherever located".
Subsection (b) is substituted for 5:626c(a) (1st sentence). 5:626c(a) (last sentence) is omitted as executed.
In subsection (d), the words "consists of" are substituted for the word "includes".
In subsection (d)(1), 10:20r(a) is omitted as superseded by 10:1831. The words "all persons serving in the Air Force under call or * * * under any provision of law, including members of the Air National Guard of the several States, Territories, and the District of Columbia when in the service of the United States pursuant to call as provided by law" are omitted as covered by the words "the Air National Guard while in the service of the United States". 50:1091 (last sentence) is omitted, since the components listed include their members.
In subsection (d)(2), the words "or inducted" are omitted as covered by the word "conscripted".
In subsection (e), the words "Effective on July 10, 1950" are omitted as executed. The words "the limitations imposed by" are omitted as surplusage. The words "not to exceed" are omitted as surplusage, since the revised section states the authorized number and any number over that would not be authorized. The words "and chapter 31 of this title" are substituted for the reference to 10:20s to make it clear that the authority for a 70 group Air Force is subject to all provisions which prescribe the authorized personnel strength of the Air Force.
In subsection (f), the word "considers" is substituted for the words "may determine is more". The words "aggregate" and "amount" are omitted as surplusage. The words "carry out this section" are substituted for the words "fulfill the requirements of the Air Force of the United States for aircraft necessary to carry out the purposes of this chapter, section 481 of this title, and sections 235, 235a, 628, and 628a of title 5", since the purposes to which the reference is made are stated in the revised section. The last sentence is substituted for 10:20t (proviso).
REFERENCES IN TEXTSection 141(c)(3) of the National Defense Authorization Act for Fiscal Year 2013, referred to in subsec. (g)(1), is section 141(c)(3) of Pub. L. 112–239, div. A, title I, Jan. 2, 2013, 126 Stat. 1661.
AMENDMENTS2013—Subsec. (g)(1). Pub. L. 112–239, §141(a), inserted at end "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."
Subsec. (h). Pub. L. 112–239, §142(a), added subsec. (h).
2011—Subsec. (g)(1). Pub. L. 112–81 substituted "October 1, 2011" for "October 1, 2009" and "301 aircraft" for "316 aircraft".
2009—Subsec. (g)(1). Pub. L. 111–84 substituted "2009" for "2008" and "316" for "299".
2006—Subsec. (a)(1). Pub. L. 109–163 substituted "Commonwealths and possessions" for "Territories, Commonwealths, and possessions".
Subsec. (g). Pub. L. 109–364 added subsec. (g).
1987—Subsec. (e). Pub. L. 100–26 and Pub. L. 100–180 amended subsec. (e) identically, substituting "section 115" for "section 114".
1986—Subsec. (e). Pub. L. 99–433 substituted "section 114" for "section 138".
1980—Subsec. (e). Pub. L. 96–513 substituted ", chapter 831 of this title, and the strength authorized by law pursuant to section 138" for "and chapter 831".
EFFECTIVE DATE OF 1980 AMENDMENTAmendment 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.
REQUIREMENTS FOR TRANSFERRING AIRCRAFT WITHIN THE AIR FORCE INVENTORYPub. L. 111–383, div. A, title III, §345, Jan. 7, 2011, 124 Stat. 4191, provided that:
"(a)
"(1) The number of and type of aircraft to be transferred.
"(2) In the case of any aircraft transferred on a temporary basis—
"(A) the schedule under which the aircraft will be returned to the ownership of the reserve component;
"(B) a description of the condition, including the estimated remaining service life, in which any such aircraft will be returned to the reserve component; and
"(C) a description of the allocation of resources, including the designation of responsibility for funding aircraft operation and maintenance and a detailed description of budgetary responsibilities, for the period for which the ownership of the aircraft is transferred to the regular component.
"(3) The designation of responsibility for funding depot maintenance requirements or modifications to the aircraft generated as a result of the transfer, including any such requirements and modifications required during the period for which the ownership of the aircraft is transferred to the regular component.
"(4) Any location from which the aircraft will be transferred.
"(5) The effects on manpower that such a transfer may have at any facility identified under paragraph (4).
"(6) The effects on the skills and proficiencies of the reserve component personnel affected by the transfer.
"(7) Any other items the Director of the Air National Guard or the Commander of the Air Force Reserve Command determines are necessary in order to execute such a transfer.
"(b)
Pub. L. 110–417, [div. A], title III, §324, Oct. 14, 2008, 122 Stat. 4416, as amended by Pub. L. 111–383, div. A, title X, §1075(e)(4), Jan. 7, 2011, 124 Stat. 4374, provided that:
"(a)
"(b)
"(c)
"(d)
"(1) the proposed actions to consolidate aircraft repair facilities and personnel of the active Air Force with aircraft repair facilities and personnel of the Air National Guard by the Secretary of the Air Force; and
"(2) the information included in the report required by subsection (c).
"(e)
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