10 U.S.C. § 9016
1See References in Text note below.
10 U.S.C. § 9016
EDITORIAL NOTES
REFERENCES IN TEXTChapter 144 of this title, referred to in subsec. (b)(6)(B)(iii), was repealed by Pub. L. 116-283, div. A, title XVIII, §1881(a), Jan. 1, 2021, 134 Stat. 4293, effective Jan. 1, 2022, in conjunction with the transfer and reorganization of acquisition provisions in this title by Pub. L. 116-283, div. A, title XVIII, Jan. 1, 2022, 134 Stat. 4149.Section 956(b)(3) of the United States Space Force Act and section 957 of that Act, referred to in subsec. (b)(6)(B)(v), (vi), are sections 956(b)(3) and 957, respectively, of subtitle D of title IX of div. A of Pub. L. 116-92, which are set out as notes under this section.
PRIOR PROVISIONSProvisions similar to those in this section were contained in section 3013 of this title prior to enactment of Pub. L. 99-433.
AMENDMENTS2023-Subsec. (b)(6)(C). Pub. L. 118-31 added subpar. (C).2021-Subsec. (b)(6)(B)(i). Pub. L. 117-81, §1602(b)(2), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: "Be responsible for all architecture and integration of the Air Force for space systems and programs, including in support of the Chief of Space Operations under section 9082 of this title."Subsec. (b)(6)(B)(ii). Pub. L. 117-81, §1602(a)(2), substituted "Space Force Acquisition Council" for "Space Force Acquisition Council". Subsec. (b)(6)(B)(iv)(III). Pub. L. 116-283 inserted "with respect to acquisition decisions" before period at end.Subsec. (b)(6)(B)(vi). Pub. L. 117-81, §905(a)(2)(B), (b)(2), substituted "Effective as of October 1, 2022, in accordance with section 957 of that Act," for "Effective as of October 1, 2022, in accordance with section 957 of that Act," and inserted "and discharge any senior procurement executive duties and authorities assigned by the Secretary of the Air Force pursuant to section 9014(c)(6) of this title" after "Space Systems and Programs". 2019-Subsec. (a). Pub. L. 116-92, §956(b)(1)(A), substituted "five" for "four".Subsec. (b)(4)(B). Pub. L. 116-92, §861(j) (16), substituted "under section 1731 of this title" for "under section 1733 of this title".Subsec. (b)(5). Pub. L. 116-92, §911(c), added par. (5).Subsec. (b)(6). Pub. L. 116-92, §956(b)(1)(B), added par. (6). 2018- Pub. L. 115-232 renumbered section 8016 of this title as this section.2017-Subsec. (b)(3). Pub. L. 115-91 designated first sentence as subpar. (A), designated second and third sentences as subpar. (C) and, in subpar. (C), substituted "The principal responsibility of the Assistant Secretary shall be" for "The Assistant Secretary shall have as his principal responsibility", and added subpar. (B).2016-Subsec. (b)(4)(A). Pub. L. 114-328, §934(a), substituted "Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics" for "Assistant Secretary of the Air Force for Acquisition" and inserted ",technology, and logistics" after "acquisition".Subsec. (b)(4)(B). Pub. L. 114-328, §802(c), inserted at end "In the event of a vacancy in the position of Assistant Secretary of the Air Force for Acquisition, the Principal Military Deputy may serve as Acting Assistant Secretary for a period of not more than one year." Pub. L. 114-328, §502 (ii), substituted "an officer" for "a lieutenant general". 2008-Subsec. (b)(4). Pub. L. 110-181 added par. (4).1988-Subsec. (a). Pub. L. 100-456, §702(d), substituted "four" for "three".Subsec. (b)(3). Pub. L. 100-456, §702(c)[(1)], added par. (3).
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME Pub. L. 114-328, div. A, title IX, §934(b), Dec. 23, 2016, 130 Stat. 2365, provided that: "Any reference to the Assistant Secretary of the Air Force for Acquisition in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics."
EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115-232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115-232, set out as a note preceding section 3001 of this title.
EFFECTIVE DATE OF 2017 AMENDMENT For applicability of appointment qualifications imposed by section 921 of Pub. L. 115-91 to certain appointments made on or after Dec. 12, 2017, see section 921(d) of Pub. L. 115-91, set out as a note under section 3016 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100-456, div. A, title VII, §702(e)(2), Sept. 29, 1988, 102 Stat. 1996, provided that: "The amendments made by subsections (c) and (d) [enacting section 8022 of this title and amending this section] shall take effect on July 1, 1989, except that such amendments shall take effect on such earlier date, but not before January 21, 1989, as may be prescribed by the President in advance by Executive order."
ASSISTANT SECRETARY OF THE AIR FORCE FOR SPACE ACQUISITION AND INTEGRATION Pub. L. 116-92, div. A, title IX, §956(a), Dec. 20, 2019, 133 Stat. 1565, provided that: "(a) REDESIGNATION OF PRINCIPAL ASSISTANT FOR SPACE AS ASSISTANT SECRETARY FOR SPACE ACQUISITION AND INTEGRATION.-"(1) IN GENERAL.-The Principal Assistant to the Secretary of the Air Force for Space is hereby redesignated as the Assistant Secretary of the Air Force for Space Acquisition and Integration. "(2) REFERENCES.-Any reference to the Principal Assistant to the Secretary of the Air Force for Space in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Assistant Secretary of the Air Force for Space Acquisition and Integration."
TRANSFER OF ACQUISITION PROJECTS FOR SPACE SYSTEMS AND PROGRAMS Pub. L. 116-92, div. A, title IX, §956(b)(3), Dec. 20, 2019, 133 Stat. 1566, as amended by Pub. L. 117-81, div. A, title IX, §905(a)(2)(A), title XVI, §1602(b)(3), Dec. 27, 2021, 135 Stat. 1871, 2077, provided that: "Effective on the date specified in section 957(d), the Secretary of the Air Force shall transfer to the Assistant Secretary of the Air Force for Space Acquisition and Integration under paragraph (6) of section 9016(b) of title 10, United States Code (as added by this subsection), responsibility for architecture and integration of any acquisition projects for space systems and programs of the Armed Forces that are under the oversight or direction of the Assistant Secretary of the Air Force for Acquisition as of the day before the date specified in section 957(d)."[Pub. L. 117-81, div. A, title XVI, §1602(b)(3), Dec. 27, 2021, 135 Stat. 2077, which directed substitution of "of the Armed Forces" for "of the Air Force", was executed by making the substitution after "space systems and programs" to reflect the probable intent of Congress.]
SERVICE ACQUISITION EXECUTIVE OF THE DEPARTMENT OF THE AIR FORCE FOR SPACE SYSTEMS AND PROGRAMS Pub. L. 116-92, div. A, title IX, §957, Dec. 20, 2019, 133 Stat. 1566, as amended by Pub. L. 116-283, div. A, title XVI, §1605, Jan. 1, 2021, 134 Stat. 4044; Pub. L. 117-81, div. A, title IX, §905(a)(1), title XVI, §1607(a), Dec. 27, 2021, 135 Stat. 1871, 2079, provided that: "(a) IN GENERAL.-Effective on the date specified in subsection (d), there shall be within the Department of the Air Force a Service Acquisition Executive of the Department of the Air Force for Space Systems and Programs. "(b) SERVICE.-"(1) IN GENERAL.-Effective as of the date specified in subsection (d) and subject to paragraph (2), the individual serving as Assistant Secretary of the Air Force for Space Acquisition and Integration under paragraph (6) of section 9016(b) of title 10, United States Code (as added by section 1832(b) [probably should be "section 956(b)"] of this Act), shall also serve as the Service Acquisition Executive for Space Systems and Programs."(2) INCUMBENT.-The individual serving as Assistant Secretary of the Air Force for Space Acquisition and Integration as of the date specified in subsection (d) may also serve as the Service Acquisition Executive for Space Systems and Programs pursuant to paragraph (1) only if appointed as the Service Acquisition Executive for Space Systems and Programs by the President, by and with the advice and consent of the Senate, pursuant to a nomination submitted to the Senate on or after that date."(c) AUTHORITIES AND RESPONSIBILITIES.- "(1) IN GENERAL.-The Service Acquisition Executive for Space Systems and Programs shall have within the Department of the Air Force all the authorities and responsibilities of a service acquisition executive under section 1704 of title 10, United States Code, and other applicable law, for the Department of the Air Force with respect to space systems and programs."(2) SEPARATE SAE WITHIN THE AIR FORCE.-The Service Acquisition Executive for Space Systems and Programs shall be in addition to the service acquisition executive in the Department of the Air Force for all acquisition matters of the Department of the Air Force other than with respect to space systems and programs."(3) GUIDANCE ON RELATIONSHIP AMONG SAES.-Not later than the date specified in subsection (d), and from time to time thereafter, the Secretary of the Air Force shall issue guidance for the Department of the Air Force on the authorities and responsibilities of the Service Acquisition Executive for Space Systems and Programs and the authorities and responsibilities of the service acquisition executive of the Department for all acquisition matters of the Department other than with respect to space systems and programs. "(4) COMMERCIAL SATELLITE COMMUNICATIONS SERVICES.- "(A) AUTHORITY.-Beginning on the date specified in subparagraph (B), the Service Acquisition Executive for Space Systems and Programs shall be responsible for the procurement of commercial satellite communications services for the Department of Defense."(B) DATE SPECIFIED.-The date specified in this subparagraph is the date that is 120 days after the date on which the Service Acquisition Executive for Space Systems and Programs submits to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for delegating the authority under subparagraph (A) to a subordinate acquisition command within the Space Force."(C) RESPONSIBILITY DURING INTERIM PERIOD.-During the period preceding the date specified in subparagraph (B), the Chief of Space Operations shall be responsible for the procurement of commercial satellite communications services for the Department of Defense."(5) PROGRAMS OF RECORD AND COMMERCIAL CAPABILITIES.-Prior to establishing a program of record, the Service Acquisition Executive for Space Systems and Programs shall determine whether existing or planned commercially available capabilities could meet all or a portion of the requirements for that proposed program. Not later than 30 days after the date on which the Service Acquisition Executive makes such a positive determination, the Service Acquisition Executive shall submit to the congressional defense committees a notification of the results of the determination."(d) DATE SPECIFIED.-The date specified in this subsection is a date determined by the Secretary of the Air Force that is not later than October 1, 2022."
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- congressional defense committees
- The term "congressional defense committees" means-(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
- officer
- The term "officer" means a commissioned or warrant officer.
- service acquisition executive
- The term "service acquisition executive" means the civilian official within a military department who is designated as the service acquisition executive for purposes of regulations and procedures providing for a service acquisition executive for that military department.