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Historical and Revision Notes
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8062(a)
8062(b)
8062(c)
8062(d)
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10:20.
5:626c(a).
5:626c(f).
10:20r(a).
10:1831.
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July 26, 1947, ch. 343, § 208(a), (f), 61 Stat. 503; Aug. 10, 1949, ch. 412, § 12(d), 63 Stat. 591.
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8062(e)
8062(f)
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50:1091.
10:20r(b).
10:20t.
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July 10, 1950, ch. 454, §§ 2, 201, 203, 64 Stat. 321, 323, 324.
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Sept. 19, 1951, ch. 407, § 301, 65 Stat. 329.
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July 9, 1952, ch. 608, § 601, 66 Stat. 501.
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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In subsection (d)(1), 10:20r(a) is omitted as superseded by 10:1831.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).
Amendments
2013—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”.
Requirements for Transferring Aircraft Within the Air Force Inventory
Pub. L. 111–383, div. A, title III, § 345, Jan. 7, 2011, 124 Stat. 4191, as amended by Pub. L. 114–92, div. A, title X, § 1088, Nov. 25, 2015, 129 Stat. 1014, provided that:
“(a)Requirements.—Before making an aircraft transfer described in subsection (c), the Secretary of the Air Force shall ensure that a written agreement regarding such transfer has been entered into between the Chief of Staff of the Air Force and the Director of the Air National Guard or the Chief of Air Force Reserve. Any such agreement shall specify each of the following:
“(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 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 aircraft is transferred to the regular component.
“(3)
The designation of responsibility for funding 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 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 Chief of Air Force Reserve determines are necessary in order to execute such a transfer.
“(b)Submittal of Agreements to the Department of Defense and Congress.—The Secretary of the Air Force may not take any action to transfer an aircraft until the Secretary—
“(1)
ensures that the Air Force has complied with Department of Defense regulations applicable to the transfer; and
“(2)
for a transfer described in subsection (c)(1), submits to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] an agreement entered into pursuant to subsection (a) regarding the transfer of the aircraft.
“(c) Covered Aircraft Transfers.—
“(1)Covered transfers.—An aircraft transfer described in this subsection is the transfer (other than as specified in paragraph (2)) from a reserve component of the Air Force to the regular component of the Air Force of—
“(A)
the permanent assignment of an aircraft that terminates a reserve component’s equitable interest in the aircraft; or
“(B)
possession of an aircraft for a period in excess of 90 days.
“(2)Exceptions.—Paragraph (1) does not apply to the following:
“(A)
A routine temporary transfer of possession of an aircraft from a reserve component that is made solely for the benefit of the reserve component for the purpose of maintenance, upgrade, conversion, modification, or testing and evaluation.
“(B)
A routine permanent transfer of assignment of an aircraft that terminates a reserve component’s equitable interest in the aircraft if notice of the transfer has previously been provided to the congressional defense committees and the transfer has been approved by the Secretary of Defense pursuant to Department of Defense regulations.
“(C)
A transfer described in paragraph (1)(A) when there is a reciprocal permanent assignment of an aircraft from the regular component of the Air Force to the reserve component that does not degrade the capability of, or reduce the total number of, aircraft assigned to the reserve component.
“(d)Return of Aircraft After Routine Temporary Transfer.—
In the case of an aircraft transferred from a reserve component of the Air Force to the regular component of the Air Force for which an agreement under subsection (a) is not required by reason of subsection (c)(2)(A), possession of the aircraft shall be transferred back to the reserve component upon completion of the work described in subsection (c)(2)(A).”
Consolidation of Air Force and Air National Guard Aircraft Maintenance
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)Restriction on Implementation of Consolidation.—
The Secretary of the Air Force shall not implement the consolidation of aircraft repair facilities and personnel of the active Air Force with aircraft repair facilities and personnel of the Air National Guard or the consolidation of aircraft repair facilities and personnel of the Air National Guard with aircraft repair facilities and personnel of the active Air Force unless and until the Secretary of the Air Force submits the reports required by (b) and (c), the Chief of the National Guard Bureau submits the assessment required by subsection (d), and the Secretary of Defense submits the certification required by subsection (e).
“(b)Report on Criteria.—
Not later than 30 days after the date of the enactment of this Act [Oct. 14, 2008], the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House of Representatives a report stating all the criteria being used by the Department of the Air Force and the Rand Corporation to evaluate the feasibility of consolidating Air Force maintenance functions into organizations that would integrate active, Guard, and Reserve components into a total-force approach. The report shall include the assumptions that were provided to or developed by the Rand Corporation for its study of the feasibility of the consolidation proposal.
“(c)Report on Feasibility Study.—
At least 90 days before any consolidation of aircraft repair facilities and personnel of the active Air Force with aircraft repair facilities and personnel of the Air National Guard, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the findings of the Rand Corporation feasibility study and the Rand Corporation’s recommendations, the Air Force’s assessment of the findings and recommendations, any plans developed for implementation of the consolidation, and a delineation of all infrastructure costs anticipated as a result of implementation.
“(d)Assessment by Chief of the National Guard Bureau.—Not later than 30 days after the date on which the report required by subsection (c) is submitted, the Chief of the National Guard Bureau shall submit to the Committees on Armed Services of the Senate and House of Representatives a written assessment of—
“(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)Certification by the Secretary of Defense.—
After the Secretary of the Air Force submits the reports required by subsections (b) and (c), and before any consolidation of 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, the Secretary of Defense shall certify that such consolidation is in the national interest and will not adversely affect recruitment, retention, or execution of the Air National Guard mission in the individual States.”
