10 U.S.C. § 9036 — Surgeon General: appointment; duties

Page 3443 TITLE 10—ARMED FORCES § 9037 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. § 9035. Deputy Chiefs of Staff and Assistant Chiefs of Staff (a) The Deputy Chiefs of Staff and the Assist- ant Chiefs of Staff shall be general officers de- tailed to those positions. (b) The Secretary of the Air Force shall pre- scribe the number of Deputy Chiefs of Staff and Assistant Chiefs of Staff, for a total of not more than eight positions. (Added Pub. L. 99–433, title V, § 522(e), Oct. 1, 1986, 100 Stat. 1062, § 8035; Pub. L. 110–181, div. A, title IX, § 902(c), Jan. 28, 2008, 122 Stat. 273; re- numbered § 9035, Pub. L. 115–232, div. A, title VIII, § 806(c), Aug. 13, 2018, 132 Stat. 1833.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 8035 of this title as this section. 2008—Subsec. (b). Pub. L. 110–181 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘The number of Deputy Chiefs of Staff and As- sistant Chiefs of Staff shall be prescribed by the Sec- retary, except that— ‘‘(1) there may not be more than five Deputy Chiefs of Staff; and ‘‘(2) there may not be more than three Assistant Chiefs of Staff.’’ 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. § 9036. Surgeon General: appointment; duties (a) APPOINTMENT.—The Surgeon General of the Air Force shall be appointed by the President, by and with the advice and consent of the Sen- ate from officers of the Air Force who are in the Air Force medical department. (b) DUTIES.—(1) The Surgeon General serves as the principal advisor to the Secretary of the Air Force, the Chief of Staff of the Air Force, and the Chief of Space Operations on all health and medical matters of the Air Force and the Space Force, including strategic planning and policy development relating to such matters. (2) The Surgeon General serves as the chief medical advisor of the Air Force and the Space Force to the Director of the Defense Health Agency on matters pertaining to military health readiness requirements and safety of members of the Air Force and members of the Space Force. (3) The Surgeon General, acting under the au- thority, direction, and control of the Secretary of the Air Force, shall recruit, organize, train, and equip, medical personnel of the Air Force. (Added Pub. L. 89–288, § 5(a), Oct. 22, 1965, 79 Stat. 1050, § 8036; amended Pub. L. 99–433, title V, § 522(g)(2), Oct. 1, 1986, 100 Stat. 1063; Pub. L. 104–106, div. A, title V, § 506(c), Feb. 10, 1996, 110 Stat. 296; Pub. L. 114–328, div. A, title VII, § 702(b)(3)(A), Dec. 23, 2016, 130 Stat. 2196; renum- bered § 9036, Pub. L. 115–232, div. A, title VIII, § 806(c), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–283, div. A, title IX, § 923(b)(6), Jan. 1, 2021, 134 Stat. 3809.) Editorial Notes AMENDMENTS 2021—Subsec. (b)(1). Pub. L. 116–283, § 923(b)(6)(A), sub- stituted ‘‘Secretary of the Air Force, the Chief of Staff of the Air Force, and the Chief of Space Operations on all health and medical matters of the Air Force and the Space Force’’ for ‘‘Secretary of the Air Force and the Chief of Staff of the Air Force on all health and med- ical matters of the Air Force’’. Subsec. (b)(2). Pub. L. 116–283, § 923(b)(6)(B), inserted ‘‘and the Space Force’’ after ‘‘advisor of the Air Force’’ and ‘‘and members of the Space Force’’ after ‘‘members of the Air Force’’. 2018—Pub. L. 115–232 renumbered section 8036 of this title as this section. 2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: ‘‘There is a Sur- geon General of the Air Force who is appointed by the President by and with the advice and consent of the Senate from officers of the Air Force who are in the Air Force medical department. The Surgeon General, while so serving, has the grade of lieutenant general.’’ 1996—Pub. L. 104–106 substituted ‘‘in the Air Force medical department’’ for ‘‘designated as medical offi- cers under section 8067(a) of this title’’. 1986—Pub. L. 99–433 substituted a semicolon for the comma in section catchline. 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. SERVICE OF INCUMBENTS IN CERTAIN POSITIONS WITHOUT REAPPOINTMENT For continued service of Surgeon General of the Air Force under this section after Jan. 1, 2021, without fur- ther appointment, notwithstanding amendment by sec- tion 923(b)(6) of Pub. L. 116–283, see section 923(f) of Pub. L. 116–283, set out as a note under section 9020 of this title. § 9037. Judge Advocate General, Deputy Judge Advocate General: appointment; duties (a) There is a Judge Advocate General in the Air Force, who is appointed by the President, by and with the advice and consent of the Senate, from officers of the Air Force. The term of office is four years. (b) The Judge Advocate General of the Air Force shall be appointed from those officers who at the time of appointment are members of the bar of a Federal court or the highest court of a State, and who have had at least eight years of experience in legal duties as commissioned offi- cers. (c) The Judge Advocate General, in addition to other duties prescribed by law— (1) is the legal adviser of the Secretary of the Air Force and of all officers and agencies of the Department of the Air Force;