10 U.S.C. § 8075 — Bureau Chiefs: succession to duties

Page 3167 TITLE 10—ARMED FORCES § 8075 HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 5131 ......... 5 U.S.C. 429 (less applica- bility to distribution of business among bu- reaus). R.S. 419 (less applica- bility to distribution of business among bu- reaus); July 19, 1892, ch. 206, 27 Stat. 243 (6th par.); June 30, 1914, ch. 130, 38 Stat. 408 (4th par.); July 12, 1921, ch. 44, § 8 (1st 17 words of 1st par.), 42 Stat. 140; June 20, 1940, ch. 400, § 1(a), (b), 54 Stat. 492; May 13, 1942, ch. 303, § 1, 56 Stat. 276. The bureaus are listed alphabetically for conven- ience. This listing has no effect on the precedence of the bureaus. Editorial Notes PRIOR PROVISIONS A prior section 8071, act Aug. 10, 1956, ch. 1041, 70A Stat. 495, provided for appointment of a female Air Force officer in temporary grade of colonel, prior to re- peal by Pub. L. 90–130, § 1(25), Nov. 8, 1967, 81 Stat. 382. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5131 of this title as this section. 1966—Pub. L. 89–718 struck out cls. (3) to (6) which re- lated to the Bureau of Naval Weapons, the Bureau of Ships, the Bureau of Supplies and Accounts, and the Bureau of Yards and Docks, respectively. 1959—Pub. L. 86–174 inserted reference to Bureau of Naval Weapons and struck out reference to Bureau of Aeronautics and Bureau of Ordnance. 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 1959 AMENDMENT Pub. L. 86–174, § 2, Aug. 18, 1959, 73 Stat. 395, provided that the amendment of this section and former section 5133 of this title and the repeal of sections 5136 and 5144 of this title shall be effective on July 1, 1960, or on any earlier date on which the Secretary of the Navy makes a formal finding that all the functions of the Bureau of Aeronautics and the Bureau of Ordnance have been transferred to the Bureau of Naval Weapons or else- where. BUREAU OF NAVAL WEAPONS; TRANSFER OF FUNDS Pub. L. 86–174, § 3, Aug. 18, 1959, 73 Stat. 396, provided that: ‘‘The unexpended balances of appropriations and funds available for use in connection with the exercise of any function transferred to the Bureau of Naval Weapons shall be transferred in the manner provided by section 407 of the National Security Act of 1947, as amended (5 U.S.C. 172f) [10 U.S.C. 126], for use in con- nection with the transferred functions.’’ § 8072. Bureaus: distribution of business; orders; records; expenses (a) Except as otherwise provided by law, the business of the executive part of the Department of the Navy shall be distributed among the bu- reaus as the Secretary of the Navy considers ex- pedient and proper. (b) Each bureau shall perform its duties under the authority of the Secretary, and its orders are considered as coming from the Secretary. (c) Under the Secretary, each bureau has cus- tody and charge of its records and accounts. (d) Each bureau shall furnish to the Secretary estimates for its specific, general, and contin- gent expenses. (Aug. 10, 1956, ch. 1041, 70A Stat. 285, § 5132; re- numbered § 8072, 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) 5132(a) ..... 5 U.S.C. 429 (as applica- ble to distribution of business among bu- reaus). R.S. 419 (as applicable to distribution of busi- ness among bureaus). 5 U.S.C. 455 (1st 23 words). July 12, 1921, ch. 44, § 8 (1st par., 1st 37 words), 42 Stat. 140. 5132(b) ..... 5 U.S.C. 430 (last 39 words). R.S. 420 (last 39 words). 5 U.S.C. 430b. June 20, 1940, ch. 400, § 1(b) (2d sentence), 54 Stat. 493. 5 U.S.C. 455 (less 1st 23 words). July 12, 1921, ch. 44, § 8 (1st par., less 1st 37 words), 42 Stat. 140. 5132(c) ..... 5 U.S.C. 430 (less last 39 words). R.S. 420 (less last 39 words). 5132(d) ..... 5 U.S.C. 431. R.S. 430. In subsection (a) the phrase ‘‘Except as otherwise provided by law’’ is added to preserve provisions direct- ing that the Chief of Naval Operations and other statu- tory offices and boards share in the business of the ex- ecutive part of the Department of the Navy. The words ‘‘The Bureau of Aeronautics shall be charged with mat- ters pertaining to naval aeronautics’’ in 5 U.S.C. 455 are omitted as implied in the name of the bureau and cov- ered by the authority granted to the Secretary to dis- tribute the business of the Department. In subsection (b) the words ‘‘and shall have full force and effect as such’’ are omitted as surplusage. In subsection (c) the words ‘‘Under the Secretary’’ are inserted to make the provisions of 5 U.S.C. 413 and 5 U.S.C. 430, the latter of which is here codified, harmo- nious and to give meaning to each provision. Editorial Notes PRIOR PROVISIONS A prior section 8072 was renumbered section 9037 of this title. A prior section 8074 was renumbered section 9074 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5132 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. § 8075. Bureau Chiefs: succession to duties (a) When there is a vacancy in the office of chief of a bureau, or during the absence or dis- ability of the chief of a bureau, the deputy chief of that bureau, unless otherwise directed by the President, shall perform the duties of the chief until a successor is appointed or the absence or disability ceases. (b) When subsection (a) cannot be complied with because of the absence or disability of the Page 3168 TITLE 10—ARMED FORCES § 8077 deputy chief of the bureau, the heads of the major divisions of the bureau, in the order di- rected by the Secretary of the Navy, shall per- form the duties of the chief, unless otherwise di- rected by the President. (Aug. 10, 1956, ch. 1041, 70A Stat. 286, § 5135; re- numbered § 8075, 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) 5135(a) ..... 5 U.S.C. 445 (less 1st 43 words). Aug. 29, 1916, ch. 417, 39 Stat. 558 (3d par., 45th through 95th words). 5 U.S.C. 446 (last 49 words). Mar. 3, 1893, ch. 212, 27 Stat. 717 (1st par., last 53 words); May 13, 1942, ch. 303, § 1, 56 Stat. 276. 5 U.S.C. 447 (25th through 74th words). May 4, 1898, ch. 234, § 1, 30 Stat. 373 (12th par., 41st through 92d words). 5 U.S.C. 448a. June 20, 1940, ch. 400, § 1(f), 54 Stat. 493. 5 U.S.C. 449 (last 51 words). July 26, 1894, ch. 165, § 1, 28 Stat. 132 (3d par., last 56 words); July 11, 1919, ch. 9, 41 Stat. 147 (1st proviso). 5 U.S.C. 452 (less 1st 35 words). July 12, 1921, ch. 44, § 8 (3d par., less 1st 35 words), 42 Stat. 140. 5135(b) ..... 5 U.S.C. 432a (less appli- cability to JAG). Feb. 3, 1942, ch. 35, § 1 (less applicability to JAG), 56 Stat. 47. In subsection (a) all the provisions covering succes- sion in case of the absence of the chiefs of the various bureaus are integrated and uniformly stated. That part of 5 U.S.C. 448a, enacted in the Act of June 20, 1940, ch. 400, § 1(f), 54 Stat. 493, relating to the suc- cession by heads of major divisions of the Bureau of Ships is superseded by the Act of Feb. 3, 1942, ch. 35, § 1 (5 U.S.C. 432a). Editorial Notes PRIOR PROVISIONS A prior section 8075 was renumbered section 9075 of this title. A prior section 8076, act Aug. 10, 1956, ch. 1041, 70A Stat. 496, related to composition of Air Force Reserve, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§ 1661(a)(3)(A), 1691, Oct. 5, 1994, 108 Stat. 2980, 3026, ef- fective Dec. 1, 1994. See section 10110 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5135 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. § 8077. Surgeon General: appointment; duties (a) APPOINTMENT.—The Surgeon General of the Navy shall be appointed by the President, by and with the advice and consent of the Senate, for a term of four years, from officers on the ac- tive-duty list of the Navy in any corps of the Navy Medical Department. (b) DUTIES.—(1) The Surgeon General serves as the Chief of the Bureau of Medicine and Surgery and serves as the principal advisor to the Sec- retary of the Navy and the Chief of Naval Oper- ations on all health and medical matters of the Navy and the Marine Corps, including strategic planning and policy development relating to such matters. (2) The Surgeon General serves as the chief medical advisor of the Navy and the Marine Corps to the Director of the Defense Health Agency on matters pertaining to military health readiness requirements and safety of members of the Navy and the Marine Corps. (3) The Surgeon General, acting under the au- thority, direction, and control of the Secretary of the Navy, shall recruit, organize, train, and equip, medical personnel of the Navy and the Marine Corps. (Aug. 10, 1956, ch. 1041, 70A Stat. 286, § 5137; Pub. L. 89–288, § 4, Oct. 22, 1965, 79 Stat. 1050; Pub. L. 96–513, title V, § 503(10), Dec. 12, 1980, 94 Stat. 2912; Pub. L. 104–106, div. A, title V, § 506(b), Feb. 10, 1996, 110 Stat. 296; Pub. L. 114–328, div. A, title VII, § 702(b)(2)(A), Dec. 23, 2016, 130 Stat. 2195; re- numbered § 8077, 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) 5137(a) ..... 5 U.S.C. 432. R.S. 421. 5 U.S.C. 438. R.S. 426. 5 U.S.C. 440 (less applica- bility to Paymaster General). R.S. 1471 (less applica- bility to Paymaster General); June 20, 1940, ch. 400, § 1(a), 54 Stat. 492. 5137(b) ..... 5 U.S.C. 451 (less last 10 words). R.S. 1375 (less last 10 words); Feb. 27, 1877, ch. 69, § 1, 19 Stat. 244. In subsection (a) the words ‘‘from officers on the ac- tive list of the Navy in the Medical Corps’’ are sub- stituted for the words ‘‘from the list of Surgeons of the Navy’’ to conform to present statutory terminology, and the words ‘‘or from officers having the rank of cap- tain in the staff corps of the Navy’’ are omitted as ob- solete in view of the subsequent changes in staff corps grades and the establishment of grades and ranks high- er than captain in the staff corps. R.S. 421 and 426 were derived from the Act of July 5, 1862, ch. 134, 12 Stat. 510, and the Act of Mar. 3, 1871, ch. 117, § 10, 16 Stat. 537. The Act of July 5, 1862, provided that the Chief of the Bu- reau of Medicine and Surgery should be appointed from the list of surgeons in the Navy. At that time the sen- ior medical officers were ‘‘surgeons’’ who ‘‘ranked with’’ commanders. Next junior to them were ‘‘sur- geons’’ who ‘‘ranked with’’ lieutenants. The rank of lieutenant commander did not exist. The Act of Mar. 3, 1871, established five grades in the Medical Corps of which two, medical director and medical inspector, were higher than the grade of surgeon. Medical direc- tors were given the relative rank of captain, medical inspectors the relative rank of commander, and sur- geons the relative rank of lieutenant commander or lieutenant. The 1871 Act further provided that chiefs of bureaus might be appointed from officers having the relative rank of captain in the staff corps. This provi- sion was probably intended to insure that the assign- ment of new grades and titles to senior staff corps offi- cers should not be construed as a bar to their appoint- ment as bureau chiefs. However, it was interpreted by the Commissioners who drafted the Revised Statutes as setting up a new category of officers from which bureau chiefs could be appointed, and it was therefore stated, in R.S. 421, as an alternative to each of the other cat- egories specified for the various Bureaus in the 1862 Act and reenacted in R.S. 422–426. Thus the Chief of the Bu- reau of Medicine and Surgery could be appointed from surgeons, who had the relative rank of lieutenant com-