10 U.S.C. § 8081 — Chief of Naval Personnel; Deputy Chief of

Page 3170 TITLE 10—ARMED FORCES § 8079 tions of the Bureau of Medicine and Surgery shall be defined and prescribed by Bureau directives, and if nec- essary by regulations of the Secretary of the Navy, so that all such functions are under the direction of the Dental Corps.’’ 2006—Pub. L. 109–364, § 593(d)(1), substituted ‘‘Dental Corps’’ for ‘‘Dental Division’’ in section catchline. Subsec. (a). Pub. L. 109–364, § 593(a)(1), substituted ‘‘Chief of the Dental Corps’’ for ‘‘Chief of the Dental Di- vision’’ and struck out first sentence which read as fol- lows: ‘‘There is a Dental Division in the Bureau of Med- icine and Surgery.’’ Subsec. (b). Pub. L. 109–364, § 593(a)(2), substituted ‘‘Dental Corps’’ for ‘‘Dental Division’’. Subsec. (c). Pub. L. 109–364, § 593(c), substituted ‘‘shall be defined’’ for ‘‘shall be so defined’’ and ‘‘so that all such functions are’’ for ‘‘that all such functions will be’’. Pub. L. 109–364, § 593(a)(3), substituted ‘‘Dental Corps’’ for ‘‘Dental Division’’ in first sentence and ‘‘the Chief of the Dental Corps’’ for ‘‘that Division’’ in second sen- tence. Subsec. (d). Pub. L. 109–364, § 593(b), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: ‘‘The Dental Division shall— ‘‘(1) establish professional standards and policies for dental practice; ‘‘(2) conduct inspections and surveys for mainte- nance of such standards; ‘‘(3) initiate and recommend action pertaining to complements, appointments, advancement, training assignment, and transfer of dental personnel; and ‘‘(4) serve as the advisory agency for the Bureau on all matters relating directly to dentistry.’’ 1985—Subsec. (a). Pub. L. 99–145 substituted ‘‘rear ad- miral (lower half)’’ for ‘‘commodore’’. 1981—Subsec. (a). Pub. L. 97–86 substituted ‘‘com- modore’’ for ‘‘commodore admiral’’. 1980—Subsec. (a). Pub. L. 96–513 substituted ‘‘not below the grade of commodore admiral’’ for ‘‘in the grade of rear admiral’’. 1962—Subsec. (b). Pub. L. 87–649 struck out ‘‘pay, al- lowances, and’’ after ‘‘entitled to the same’’. See Title 37, Pay and Allowances of the Uniformed Services. Statutory Notes and Related Subsidiaries 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 1981 AMENDMENT Amendment by Pub. L. 97–86 effective Sept. 15, 1981, see section 405(f) of Pub. L. 97–86, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Al- lowances of the Uniformed Services. § 8079. Appointment of chiropractors in the Med- ical Service Corps Chiropractors who are qualified under regula- tions prescribed by the Secretary of the Navy may be appointed as commissioned officers in the Medical Service Corps of the Navy. (Added Pub. L. 102–484, div. A, title V, § 505(b)(1), Oct. 23, 1992, 106 Stat. 2404, § 5139; renumbered § 8079, Pub. L. 115–232, div. A, title VIII, § 807(a)(2), Aug. 13, 2018, 132 Stat. 1834.) Editorial Notes PRIOR PROVISIONS Prior sections 8079 and 8080 were repealed by Pub. L. 103–337, div. A, title XVI, §§ 1661(a)(3)(A), 1691, Oct. 5, 1994, 108 Stat. 2980, 3026, effective Dec. 1, 1994. Section 8079, act Aug. 10, 1956, ch. 1041, 70A Stat. 496, related to status of Air National Guard of United States when not in Federal service. See section 10113 of this title. Section 8080, added Pub. L. 86–603, § 1(3)(A), July 7, 1960, 74 Stat. 357, related to authority of officers of Air National Guard of United States with respect to Fed- eral status. See section 10215 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5139 of this title as this section. Statutory Notes and Related Subsidiaries 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. REGULATIONS Regulations required to be prescribed by amendment made by section 505 of Pub. L. 102–484 to be prescribed not later than 180 days after Oct. 23, 1992, see section 505(d) of Pub. L. 102–484, set out as a note under section 7070 of this title. § 8081. Chief of Naval Personnel; Deputy Chief of Naval Personnel (a) The Chief of Naval Personnel shall be ap- pointed by the President, by and with the advice and consent of the Senate, for a term of four years, from officers on the active-duty list in the line of the Navy not below the grade of com- mander. (b) An officer on the active-duty list in the line of the Navy not below the grade of com- mander may be detailed as Deputy Chief of Naval Personnel. (Aug. 10, 1956, ch. 1041, 70A Stat. 287, § 5141; Pub. L. 96–513, title V, § 503(11), Dec. 12, 1980, 94 Stat. 2912; Pub. L. 114–328, div. A, title V, § 502(bb)(1), (2), Dec. 23, 2016, 130 Stat. 2105; renumbered § 8081, Pub. L. 115–232, div. A, title VIII, § 807(a)(2), Aug. 13, 2018, 132 Stat. 1834.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 5141(a) ..... 5 U.S.C. 432. R.S. 421. 5 U.S.C. 434 (less applica- bility to Chief of BuOrd). R.S. 422 (less applica- bility to Chief of BuOrd, Bureau of Equipment and Re- cruiting, and BuDocks); May 13, 1942, ch. 303, § 1, 56 Stat. 276. 5141(b) ..... 5 U.S.C. 446 (less last 49 words). Mar. 3, 1893, ch. 212 (1st par., less last 53 words), 27 Stat. 717; May 13, 1942, ch. 303, § 1, 56 Stat. 276. In subsection (a) the words ‘‘from officers on the ac- tive list in the line of the Navy’’ are substituted for the Page 3171 TITLE 10—ARMED FORCES § 8082 words ‘‘from the list of officers of the Navy’’ to con- form to current terminology. Line officers alone had the ‘‘grade’’ of commander when the source statute was enacted. The words ‘‘or from officers having the rank of captain in the staff corps of the Navy’’ are omitted as obsolete in view of subsequent changes in the staff corps and in the staff corps ranks and grades. These words were derived from the Act of Mar. 3, 1871, ch. 117, § 10, 16 Stat. 537, which established new staff corps grades and assigned to officers in the highest grade the relative rank of captain. They were probably intended merely to assure the eligibility of senior staff corps of- ficers for appointment as chiefs of appropriate staff bu- reaus. However, as incorporated in R.S. 421, they pro- vide a category of eligible officers which is an alter- native to each of the categories listed in R.S. 422–426. Thus R.S. 421 and R.S. 422, as originally enacted, pro- vided that the chiefs of the four ‘‘line’’ bureaus, Yards and Docks, Navigation, Ordnance, and Equipment and Recruiting, could be appointed from line officers not below the grade of commander or from officers having the relative rank of captain in any staff corps. Pursu- ant to these sections the Attorney General held in 1898 that an officer having the relative rank of captain in the Civil Engineer Corps could legally be appointed as Chief of the Bureau of Yards and Docks (22 Op. Atty. Gen. 47, 17 Mar. 1898). There is some confusion in the opinion as to which corps was meant. The proposed ap- pointee was a member of the Civil Engineer Corps, but the Corps of Engineers is the corps mentioned in the conclusion of the opinion. A provision in the Act of June 29, 1906, ch. 3590, 34 Stat. 564, requires that the Chief of the Bureau of Yards and Docks be selected from officers of the Civil Engineer Corps, so that there is no longer any question as to that bureau. The Bureau of Equipment and Recruiting has been abolished, leav- ing only the Bureau of Naval Personnel (formerly Navi- gation) and the Bureau of Ordnance of the four ‘‘line’’ bureaus originally listed in R.S. 422. The statutes es- tablishing new ‘‘line’’ bureaus, the Bureau of Ships and the Bureau of Aeronautics, contain their own require- ments as to the qualifications of the chiefs. The aboli- tion of the Corps of Engineers and the Construction Corps, with the transfer of officers in those corps to the line, has eliminated the only staff corps whose mem- bers had duties closely related to those of line officers. The present staff corps, with the possible exception of the Supply Corps, are all highly specialized. Further- more, in five of the seven corps, captain is no longer the highest grade. In view of these facts it is considered that the provision of R.S. 421 making staff corps cap- tains eligible for appointment as Chief of the Bureaus of Naval Personnel and Ordnance is obsolete. In subsection (b) the words ‘‘An officer on the active list in the line of the Navy not below the grade of com- mander’’ are substituted for the words ‘‘An officer of the Navy not below the rank of commander’’ to con- form to current terminology and for clarity. When the source statute was enacted only line officers had the actual rank of commander. The words ‘‘on the active list’’ are inserted for the reasons stated in the revision note on § 5137(b) of this title. The words ‘‘Deputy Chief’’ are substituted for the words ‘‘assistant to the Chief’’ for the reason stated in the revision note on § 5134 of this title. Editorial Notes PRIOR PROVISIONS A prior section 8081 was renumbered section 9081 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5141 of this title as this section. 2016—Pub. L. 114–328, § 502(bb)(2), amended section catchline generally, substituting ‘‘Chief of Naval Per- sonnel; Deputy Chief of Naval Personnel’’ for ‘‘Bureau of Naval Personnel: Chief of Naval Personnel; Deputy Chief of Naval Personnel’’. Subsec. (a). Pub. L. 114–328, § 502(bb)(1)(A), struck out first sentence which read as follows: ‘‘The Chief of the Bureau of Naval Personnel shall be known as the Chief of Naval Personnel.’’ Subsec. (b). Pub. L. 114–328, § 502(bb)(1)(B), struck out first sentence which read as follows: ‘‘The Deputy Chief of the Bureau of Naval Personnel shall be known as the Deputy Chief of Naval Personnel.’’ 1980—Pub. L. 96–513 substituted ‘‘active-duty list’’ for ‘‘active list’’ wherever appearing. Statutory Notes and Related Subsidiaries 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 1980 AMENDMENT Amendment 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. § 8082. Chaplain Corps and Chief of Chaplains (a) The Chaplain Corps is a staff corps of the Navy and shall be organized in accordance with regulations prescribed by the Secretary of the Navy. (b) There is in the executive part of the De- partment of the Navy the office of the Chief of Chaplains of the Navy. The Chief of Chaplains shall be appointed by the President, by and with the advice and consent of the Senate, from offi- cers of the Chaplain Corps in the grade of com- mander or above who are serving on active duty and who have served on active duty in the Chap- lain Corps for at least eight years. (c) An officer appointed as the Chief of Chap- lains shall be appointed for a term of four years. However, the President may terminate or ex- tend the appointment at any time. (d)(1) The Chief of Chaplains shall perform such duties as may be prescribed by the Sec- retary of the Navy and by law. (2) The Chief of Chaplains shall, with respect to all duties pertaining to the procurement, dis- tribution, and support of personnel of the Chap- lain Corps, report to and be supported by the Chief of Naval Personnel. (e) The Chief of Chaplains, while so serving, holds the grade of rear admiral (upper half). (Added Pub. L. 96–343, § 11(a), Sept. 8, 1980, 94 Stat. 1130, § 5142; amended Pub. L. 105–85, div. A, title V, § 504(c)(1), Nov. 18, 1997, 111 Stat. 1725; Pub. L. 114–328, div. A, title V, § 502(cc), Dec. 23, 2016, 130 Stat. 2105; renumbered § 8082 and amend- ed Pub. L. 115–232, div. A, title V, § 510(b), title VIII, § 807(a)(2), Aug. 13, 2018, 132 Stat. 1751, 1834.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 807(a)(2), renumbered section 5142 of this title as this section. Subsec. (e). Pub. L. 115–232, § 510(b), added subsec. (e). 2016—Subsec. (e). Pub. L. 114–328 struck out subsec. (e) which read as follows: ‘‘The Chief of Chaplains of the Navy is entitled to the same rank and privileges of retirement as provided for chiefs of bureaus in section 5133 of this title.’’ 1997—Subsec. (b). Pub. L. 105–85 struck out ‘‘, who are not on the retired list,’’ after ‘‘serving on active duty’’.