10 USC 9062 - Policy; composition; aircraft authorization

U.S Code last checked for updates: Nov 23, 2024

§ 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 paragraph (2), the Secretary of the Air Force shall maintain a total aircraft inventory of air refueling tanker aircraft of not less than 466 aircraft.

(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 466 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 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 period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 and ending on September 30, 2029, the Secretary of the Air Force may not—

(A)

retire more than 68 F–15E aircraft;

(B)

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

(C)

keep an F–15E aircraft (other than an aircraft identified for retirement under subparagraph (A)) in a status considered excess to the requirements of the possessing command and awaiting disposition instructions (commonly referred to as “XJ” status).

(2)

The prohibition under paragraph (1) shall not apply to individual F–15E 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.

(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, 2028, 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 493, § 8062; 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; Pub. L. 115–91, div. A, title I, § 131(a), Dec. 12, 2017, 131 Stat. 1314; renumbered § 9062 and amended Pub. L. 115–232, div. A, title I, § 141(a), title VIII, §§ 806(c), 809(a), Aug. 13, 2018, 132 Stat. 1666, 1833, 1840; Pub. L. 116–283, div. A, title I, § 132(b), Jan. 1, 2021, 134 Stat. 3430; Pub. L. 117–81, div. A, title I, § 131(a), Dec. 27, 2021, 135 Stat. 1573; Pub. L. 117–263, div. A, title I, §§ 141(a), 142(a), 143(a), Dec. 23, 2022, 136 Stat. 2452, 2453; Pub. L. 118–31, div. A, title I, §§ 131(a), 132, Dec. 22, 2023, 137 Stat. 171, 172.)

cite as: 10 USC 9062