
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC8017]

 
                         TITLE 10--ARMED FORCES
 
                          Subtitle D--Air Force
 
                          PART I--ORGANIZATION
 
                CHAPTER 803--DEPARTMENT OF THE AIR FORCE
 
Sec. 8017. Secretary of the Air Force: successors to duties

    If the Secretary of the Air Force dies, resigns, is removed from 
office, is absent, or is disabled, the person who is highest on the 
following list, and who is not absent or disabled, shall perform the 
duties of the Secretary until the President, under section 3347 \1\ of 
title 5, directs another person to perform those duties or until the 
absence or disability ceases:
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    \1\ See References in Text note below.
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        (1) The Under Secretary of the Air Force.
        (2) The Assistant Secretaries of the Air Force, in the order 
    prescribed by the Secretary of the Air Force and approved by the 
    Secretary of Defense.
        (3) The General Counsel of the Department of the Air Force.
        (4) The Chief of Staff.

(Aug. 10, 1956, ch. 1041, 70A Stat. 489; Pub. L. 89-718, Sec. 23, Nov. 
2, 1966, 80 Stat. 1118; Pub. L. 90-235, Sec. 4(a)(9), Jan. 2, 1968, 81 
Stat. 760; Pub. L. 99-433, title V, Sec. 521(a)(4), Oct. 1, 1986, 100 
Stat. 1058; Pub. L. 103-337, div. A, title IX, Sec. 902(c), Oct. 5, 
1994, 108 Stat. 2823.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
8017(a)...............................  5:626-1(b).                          Se
pt. 19, 1951, ch. 407, Sec.  102
8017(b)...............................  5:626-1(c).                           (
less (a)), 65 Stat. 327.
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---------------------------------

    In subsection (a), the word ``person'' is substituted for the words 
``officer of the United States''. The words ``until a successor is 
appointed'' are omitted as surplusage.
    Subsection (b) is substituted for 5:626-1(c) and states the effect 
of section 8544(b) of this title.

                       References in Text

    Section 3347 of title 5, referred to in text, was repealed and a new 
section 3347 was enacted by Pub. L. 105-277, div. C, title I, 
Sec. 151(b), Oct. 21, 1998, 112 Stat. 2681-611, and, as so enacted, no 
longer contains provisions authorizing the President to direct temporary 
successors to duties. See section 3345 of Title 5, Government 
Organization and Employees.


                               Amendments

    1994--Pars. (3), (4). Pub. L. 103-337 added par. (3) and 
redesignated former par. (3) as (4).
    1986--Pub. L. 99-433 struck out subsec. (a) designation, substituted 
in par. (2) ``, in the order prescribed by the Secretary of the Air 
Force and approved by the Secretary of Defense'' for ``in order of their 
length of service as such'', and struck out subsec. (b) which read as 
follows: ``Performance of the duties of the Secretary by the Chief of 
Staff or any officer of the Air Force designated under section 3347 of 
title 5 shall not be considered as the holding of a civil office within 
the meaning of section 973(b) of this title.''
    1968--Subsec. (b). Pub. L. 90-235 substituted ``section 973(b) of 
this title'' for ``section 8544(b) of this title''.
    1966--Pub. L. 89-718 substituted ``section 3347 of title 5'' for 
``section 6 of title 5'' wherever appearing.


                           Order of Succession

    For order of succession in event of death, permanent disability, or 
resignation of Secretary of Defense, see Ex. Ord. No. 13000, Apr. 24, 
1996, 61 F.R. 18483, set out as a note under section 3345 of Title 5, 
Government Organization and Employees.
    For order of succession in event of death, permanent disability, or 
resignation of Secretary of the Air Force, see Ex. Ord. No. 12909, Apr. 
22, 1994, 59 F.R. 21909, set out as a note under section 3345 of Title 
5.
