-CITE- 10 USC CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -MISC1- Sec. 5131. Bureaus: names; location. 5132. Bureaus: distribution of business; orders; records; expenses. 5133. Bureau Chiefs: rank; pay and allowances; retirement. [5134. Repealed.] 5135. Bureau Chiefs: succession to duties. [5136. Repealed.] 5137. Bureau of Medicine and Surgery: Chief; Deputy Chief. 5138. Bureau of Medicine and Surgery: Dental Corps; Chief; functions. 5139. Appointment of chiropractors in the Medical Service Corps. [5140. Repealed.] 5141. Bureau of Naval Personnel: Chief of Naval Personnel; Deputy Chief of Naval Personnel. 5142. Chaplain Corps and Chief of Chaplains. 5142a. Deputy Chief of Chaplains. 5143. Office of Navy Reserve: appointment of Chief. 5144. Office of Marine Forces Reserve: appointment of Commander. [5145 to 5147. Repealed.] 5148. Judge Advocate General's Corps: Office of the Judge Advocate General; Judge Advocate General; appointment, term, emoluments, duties. 5149. Office of the Judge Advocate General: Deputy Judge Advocate General; Assistant Judge Advocates General. 5150. Staff Corps of the Navy. [5151 to 5153. Renumbered.] [5154. Repealed.] [5155. Renumbered.] AMENDMENTS 2006 - Pub. L. 109-364, div. A, title V, Sec. 593(d)(2), Oct. 17, 2006, 120 Stat. 2235, substituted "Corps" for "Division" in item 5138. Pub. L. 109-163, div. A, title V, Sec. 515(b)(4)(A), Jan. 6, 2006, 119 Stat. 3235, substituted "Navy" for "Naval" in item 5143. 1996 - Pub. L. 104-201, div. A, title XII, Sec. 1212(b)(2), (c)(2), Sept. 23, 1996, 110 Stat. 2692, 2693, added items 5143 and 5144. 1994 - Pub. L. 103-337, div. A, title V, Sec. 504(b)(5), Oct. 5, 1994, 108 Stat. 2751, struck out "and Judge Advocate General" after "Chiefs" in item 5133. 1992 - Pub. L. 102-484, div. A, title V, Sec. 505(b)(2), Oct. 23, 1992, 106 Stat. 2404, added item 5139. 1986 - Pub. L. 99-433, title V, Sec. 514(a)(1), (3), Oct. 1, 1986, 100 Stat. 1054, struck out "; OFFICE OF NAVAL RESEARCH" after "GENERAL" in chapter heading, struck out items 5150 "Office of Naval Research: Chief, appointment, term, emoluments; Assistant Chief; succession to duties", 5151 "Office of Naval Research: duties", 5152 "Office of Naval Research: appropriations; time limit", and 5153 "Naval Research Advisory Committee", and redesignated item 5155 as item 5150. 1980 - Pub. L. 96-513, title V, Secs. 503(8), 513(6), Dec. 12, 1980, 94 Stat. 2911, 2931, struck out items 5134 "Deputy Bureau Chiefs: pay", 5139 "Bureau of Medicine and Surgery: Medical Service Corps, Chief", 5140 "Bureau of Medicine and Surgery: Nurse Corps, Director", and 5143 "Bureau of Naval Personnel: Assistant Chief of Women", and added item 5155. Pub. L. 96-343, Sec. 11(b), Sept. 8, 1980, 94 Stat. 1130, substituted "Chaplain Corps and" for "Bureau of Naval Personnel:" in item 5142 and added item 5142a. 1967 - Pub. L. 90-179, Sec. 2(3), Dec. 8, 1967, 81 Stat. 547, inserted reference to Judge Advocate General's Corps in item 5148 and inserted reference to Deputy Judge Advocate General and substituted "Advocates General" for "Advocate General; succession to duties" after "Assistant Judge" in item 5149. 1966 - Pub. L. 89-718, Secs. 35(2), (5), 36, Nov. 2, 1966, 80 Stat. 1120, inserted "and Judge Advocate General" after "Bureau Chiefs" in item 5133, struck out items 5145, 5146, 5147, and 5154 which related to Bureau of Ships and the Chief, Deputy Chief, and Division Heads thereof, Bureau of Supplies and Accounts and the Chief and Deputy Chief thereof, Bureau of Yards and Docks and the Chief and Deputy Chief thereof, and Bureau of Naval Weapons and the Chief and Deputy Chief thereof, respectively, and struck out "pay," in item 5149. 1959 - Pub. L. 86-174, Secs. 1(3), 2(4), Aug. 18, 1959, 73 Stat. 395, 396, added item 5154 and eliminated items 5136 and 5144. -End- -CITE- 10 USC Sec. 5131 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- Sec. 5131. Bureaus: names; location -STATUTE- There are in the executive part of the Department of the Navy the following bureaus: (1) Bureau of Medicine and Surgery. (2) Bureau of Naval Personnel. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 285; Pub. L. 86-174, Secs. 1(1), 2(1), Aug. 18, 1959, 73 Stat. 395; Pub. L. 89-718, Sec. 35(1), Nov. 2, 1966, 80 Stat. 1120.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 5131 5 U.S.C. 429 (less R.S. 419 (less applicability to applicability to distribution of business distribution of business among bureaus). among bureaus); 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, Sec. 8 (1st 17 words of 1st par.), 42 Stat. 140; June 20, 1940, ch. 400, Sec. 1(a), (b), 54 Stat. 492; May 13, 1942, ch. 303, Sec. 1, 56 Stat. 276. -------------------------------------------------------------------- The bureaus are listed alphabetically for convenience. This listing has no effect on the precedence of the bureaus. AMENDMENTS 1966 - Pub. L. 89-718 struck out cls. (3) to (6) which related 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. EFFECTIVE DATE OF 1959 AMENDMENT Section 2 of Pub. L. 86-174 provided that the amendment of this section and 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 elsewhere. BUREAU OF NAVAL WEAPONS; TRANSFER OF FUNDS Section 3 of Pub. L. 86-174 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 connection with the transferred functions." -End- -CITE- 10 USC Sec. 5132 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- Sec. 5132. Bureaus: distribution of business; orders; records; expenses -STATUTE- (a) Except as otherwise provided by law, the business of the executive part of the Department of the Navy shall be distributed among the bureaus as the Secretary of the Navy considers expedient 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 custody and charge of its records and accounts. (d) Each bureau shall furnish to the Secretary estimates for its specific, general, and contingent expenses. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 285.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 5132(a) 5 U.S.C. 429 (as R.S. 419 (as applicable applicable to to distribution of distribution of business business among bureaus). among bureaus). 5 U.S.C. 455 (1st 23 July 12, 1921, ch. 44, words). Sec. 8 (1st par., 1st 37 words), 42 Stat. 140. 5132(b) 5 U.S.C. 430 (last 39 R.S. 420 (last 39 words). words). 5 U.S.C. 430b. June 20, 1940, ch. 400, Sec. 1(b) (2d sentence), 54 Stat. 493. 5 U.S.C. 455 (less 1st 23 July 12, 1921, ch. 44, words). Sec. 8 (1st par., less 1st 37 words), 42 Stat. 140. 5132(c) 5 U.S.C. 430 (less last R.S. 420 (less last 39 39 words). 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 directing that the Chief of Naval Operations and other statutory offices and boards share in the business of the executive part of the Department of the Navy. The words "The Bureau of Aeronautics shall be charged with matters pertaining to naval aeronautics" in 5 U.S.C. 455 are omitted as implied in the name of the bureau and covered by the authority granted to the Secretary to distribute 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, harmonious and to give meaning to each provision. -TRANS- TRANSFER OF FUNCTIONS Transfer of functions of bureaus and reorganization, see note set out under section 5111 of this title. -End- -CITE- 10 USC Sec. 5133 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- Sec. 5133. Bureau Chiefs: rank; pay and allowances; retirement -STATUTE- (a) Unless appointed to a higher grade under another provision of law, an officer of the Navy, while serving as a chief of bureau, has the rank of rear admiral. (b) Except for an officer who is serving or has served in the grade of vice admiral under section 5137(a) of this title, an officer who is retired while serving as a chief of bureau, or who, after serving at least two and one-half years as chief of bureau, is retired after completion of that service while serving in a lower rank or grade, may, in the discretion of the President, be retired with the grade of rear admiral, and with retired pay based on that grade. An officer who is serving or has served in the grade of vice admiral under section 5137(a) of this title may, upon retirement, be appointed by the President, by and with the advice and consent of the Senate, to the highest grade held by him while on the active list or active-duty list and with retired pay based on that grade. (c) Except in time of war, any officer of a staff corps who has served as a chief of bureau for a full term is exempt from sea duty. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 285; Pub. L. 86-174, Sec. 2(2), Aug. 18, 1959, 73 Stat. 396; Pub. L. 87-649, Sec. 14c(15), Sept. 7, 1962, 76 Stat. 501; Pub. L. 89-288, Sec. 3, Oct. 22, 1965, 79 Stat. 1050; Pub. L. 89-718, Sec. 35(2)-(4), Nov. 2, 1966, 80 Stat. 1120; Pub. L. 96-513, title V, Sec. 503(9), Dec. 12, 1980, 94 Stat. 2911; Pub. L. 103-337, div. A, title V, Sec. 504(b)(3), (5), Oct. 5, 1994, 108 Stat. 2751.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 5133(a) 5 U.S.C. 441 (less July 1, 1918, ch. 114, applicability to JAG). 40 Stat. 717 (1st sentence on p. 717, less applicability to JAG). 5 U.S.C. 441a (as June 20, 1940, ch. 400, applicable to rank, pay Sec. 1(c) (2d sentence, and allowances). less applicability to retirement), 54 Stat. 493. 5 U.S.C. 439 (last 39 July 12, 1921, ch. 44, words). Sec. 8 (2d par., last 42 words), 42 Stat. 140. 5133(b) 5 U.S.C. 425a (as June 22, 1938, ch. 567, applicable to Chiefs of 52 Stat. 839 (as Bureaus). applicable to Chiefs of Bureaus). 5 U.S.C. 441a (as June 20, 1940, ch. 400, applicable to retirement). Sec. 1(c) (2d sentence as applicable to retirement), 54 Stat. 493. 5133(c) 34 U.S.C. 225. R.S. 1436. -------------------------------------------------------------------- In subsection (a), the language that incorporates the rank, pay, and allowances of chiefs of bureaus of the War Department for chiefs of bureaus is executed. Creation of the Department of the Air Force by the National Security Act of 1947, and the saving provisions in Sec. 305 of that act, would relate chiefs of bureaus of the Navy to the corresponding officers of both the other military departments. Since there is now positive organizational law for both of those departments providing the grades of the departmental officers, and, since in the reorganization of the departments, there is no precise counterpart of the chief of a Navy bureau, it is inappropriate to continue the incorporation by reference. Subsection (a), therefore, provides that bureau chiefs are entitled to have the rank of rear admiral with pay and allowances of a rear admiral in the upper half, which, under Sec. 516 of the Officer Personnel Act of 1947, corresponds with major general. The subsection also recognizes the possibility of appointing an officer of the Marine Corps as Chief of the Bureau of Aeronautics by providing that such an appointee has the rank, pay, and allowances of a major general. AMENDMENTS 1994 - Pub. L. 103-337, Sec. 504(b)(5), struck out "and Judge Advocate General" after "Chiefs" in section catchline. Subsec. (a). Pub. L. 103-337, Sec. 504(b)(3)(A), struck out "or the Judge Advocate General" after "chief of bureau" and struck out at end "Unless appointed to a higher grade under another provision of law, an officer of the Marine Corps, while serving as Judge Advocate General, has the rank of major general." Subsec. (b). Pub. L. 103-337, Sec. 504(b)(3)(B), struck out "or the Judge Advocate General" after "chief of bureau" in two places and "or major general, as appropriate" after "grade of rear admiral". 1980 - Subsec. (b). Pub. L. 96-513 struck out second sentence relating to retired pay of an officer retired in the grade of rear admiral, and inserted "or active-duty list" after "active list" in third sentence. 1966 - Pub. L. 89-718 inserted reference to the Judge Advocate General in section catchline, substituted "Judge Advocate General" for "Chief of the Bureau of Naval Weapons", inserted "or the Judge Advocate General" after "chief of bureau" in subsec. (a), and "or the Judge Advocate General" after "chief of bureau" in subsec. (b). 1965 - Subsec. (b). Pub. L. 89-288 permitted an officer who is serving or has served in the grade of vice admiral under section 5137(a) of this title, upon retirement, to be appointed by the President, by and with the advice and consent of the Senate, to the highest grade held by him while on the active list and with the retired pay based on that grade. 1962 - Subsec. (a). Pub. L. 87-649 repealed provisions which prescribed the pay and allowances of a chief of bureau and of the Chief of the Bureau of Naval Weapons, in the Marine Corps. See section 202 of Title 37, Pay and Allowances of the Uniformed Services. 1959 - Pub. L. 86-174 substituted "Bureau of Naval Weapons" for "Bureau of Aeronautics". 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. EFFECTIVE DATE OF 1962 AMENDMENTS 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 Allowances of the Uniformed Services. EFFECTIVE DATE OF 1959 AMENDMENT For effective date of amendment by Pub. L. 86-174 see note set out under section 5131 of this title. -TRANS- TRANSFER OF FUNCTIONS Transfer of functions of Offices of Bureau Chiefs, see note set out under section 5111 of this title. -End- -CITE- 10 USC Sec. 5134 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- Sec. 5134. Repealed. -MISC1- [Sec. 5134. Repealed. Pub. L. 87-649, Sec. 14c(16), Sept. 7, 1962, 76 Stat. 501]. Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 286, prescribed pay of deputy chiefs of bureaus. See Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE OF REPEAL Repeal 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 Allowances of the Uniformed Services. -End- -CITE- 10 USC Sec. 5135 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- Sec. 5135. Bureau Chiefs: succession to duties -STATUTE- (a) When there is a vacancy in the office of chief of a bureau, or during the absence or disability 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 deputy chief of the bureau, the heads of the major divisions of the bureau, in the order directed by the Secretary of the Navy, shall perform the duties of the chief, unless otherwise directed by the President. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 286.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 5135(a) 5 U.S.C. 445 (less 1st 43 Aug. 29, 1916, ch. 417, words). 39 Stat. 558 (3d par., 45th through 95th words). 5 U.S.C. 446 (last 49 Mar. 3, 1893, ch. 212, words). 27 Stat. 717 (1st par., last 53 words); May 13, 1942, ch. 303, Sec. 1, 56 Stat. 276. 5 U.S.C. 447 (25th May 4, 1898, ch. 234, through 74th words). Sec. 1, 30 Stat. 373 (12th par., 41st through 92d words). 5 U.S.C. 448a. June 20, 1940, ch. 400, Sec. 1(f), 54 Stat. 493. 5 U.S.C. 449 (last 51 July 26, 1894, ch. 165, words). Sec. 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 July 12, 1921, ch. 44, words). Sec. 8 (3d par., less 1st 35 words), 42 Stat. 140. 5135(b) 5 U.S.C. 432a (less Feb. 3, 1942, ch. 35, applicability to JAG). Sec. 1 (less applicability to JAG), 56 Stat. 47. -------------------------------------------------------------------- In subsection (a) all the provisions covering succession 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, Sec. 1(f), 54 Stat. 493, relating to the succession by heads of major divisions of the Bureau of Ships is superseded by the Act of Feb. 3, 1942, ch. 35, Sec. 1 (5 U.S.C. 432a). -TRANS- TRANSFER OF FUNCTIONS Transfer of functions of Offices of Bureau Chiefs, see note set out under section 5111 of this title. -End- -CITE- 10 USC Sec. 5136 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- Sec. 5136. Repealed. -MISC1- [Sec. 5136. Repealed. Pub. L. 86-174, Sec. 2(3), Aug. 18, 1959, 73 Stat. 396]. Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 286, related to appointment, qualifications and term of Chief of Bureau of Aeronautics, and authorized detail of an officer as Deputy Chief of Bureau. EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1960, or any earlier date on which the Secretary of the Navy makes 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 elsewhere, see note set out under section 5131 of this title. -End- -CITE- 10 USC Sec. 5137 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- Sec. 5137. Bureau of Medicine and Surgery: Chief; Deputy Chief -STATUTE- (a) The Chief of the Bureau of Medicine and Surgery 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 active- duty list of the Navy in any corps of the Navy Medical Department. He has the title of Surgeon General. The Surgeon General, while so serving has the grade of vice admiral. (b) An officer on the active-duty list of the Navy who is qualified to be the Chief of the Bureau of Medicine and Surgery may be detailed as Deputy Chief of the Bureau of Medicine and Surgery. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 286; Pub. L. 89-288, Sec. 4, Oct. 22, 1965, 79 Stat. 1050; Pub. L. 96-513, title V, Sec. 503(10), Dec. 12, 1980, 94 Stat. 2912; Pub. L. 104-106, div. A, title V, Sec. 506(b), Feb. 10, 1996, 110 Stat. 296.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section 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 R.S. 1471 (less applicability to applicability to Paymaster General). Paymaster General); June 20, 1940, ch. 400, Sec. 1(a), 54 Stat. 492. 5137(b) 5 U.S.C. 451 (less last R.S. 1375 (less last 10 10 words). words); Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 244. -------------------------------------------------------------------- In subsection (a) the words "from officers on the active list of the Navy in the Medical Corps" are substituted 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 captain in the staff corps of the Navy" are omitted as obsolete in view of the subsequent changes in staff corps grades and the establishment of grades and ranks higher 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, Sec. 10, 16 Stat. 537. The Act of July 5, 1862, provided that the Chief of the Bureau of Medicine and Surgery should be appointed from the list of surgeons in the Navy. At that time the senior medical officers were "surgeons" who "ranked with" commanders. Next junior to them were "surgeons" 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 directors were given the relative rank of captain, medical inspectors the relative rank of commander, and surgeons 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 provision was probably intended to insure that the assignment of new grades and titles to senior staff corps officers should not be construed as a bar to their appointment 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 categories specified for the various Bureaus in the 1862 Act and reenacted in R.S. 422-426. Thus the Chief of the Bureau of Medicine and Surgery could be appointed from surgeons, who had the relative rank of lieutenant commander or lieutenant in the Medical Corps, or from officers having the relative rank of captain in the Medical Corps, Pay Corps, or Engineer Corps. Section 405 of the Officer Personnel Act of 1947 (34 U.S.C. 10a) abolished the grade of surgeon and other staff corps grades and replaced them with grades having the same titles as the grades and ranks in the line. Officers who were "surgeons" are now "lieutenant commanders and lieutenants in the Medical Corps." If this literal translation is made in R.S. 426 and the eligibility of all staff corps captains, as stated in R.S. 421, is retained, an absurd result is reached; i.e., lieutenants, lieutenant commanders, and captains in the Medical Corps are eligible for appointment as Chief of the Bureau of Medicine and Surgery; but commanders and rear admirals in that corps are ineligible; captains, but not rear admirals, in other staff corps are eligible by virtue of their rank alone, regardless of their lack of training in medicine. It appears, therefore, that the only reasonable meaning that can be given to R.S. 421 and 426 at the present time is that the Chief of the Bureau of Medicine and Surgery must be an officer of the Medical Corps. In subsection (b) the words "Deputy Chief of the Bureau" are substituted for the words "assistant to the Bureau" for uniformity. The words "An officer on the active list of the Navy in the Medical Corps" are substituted for the words "A surgeon, assistant surgeon, or passed assistant surgeon" to conform to present statutory terminology and to describe clearly the class of officers eligible for detail under this subsection. When the source statute was enacted there was no class of officers exactly corresponding to officers of the present Naval Reserve, and retired officers could be called to active duty only in time of war, so that the detailing of an officer not on the active list as assistant to the bureau chief was probably not contemplated. Further, since the assistant or deputy must at times perform the duties of the chief, it is reasonable to assume that he was intended to be in the same category of officers. Later statutes relating to the Assistant Chiefs of the Bureau of Aeronautics and the Bureau of Ships, enacted at a time when there were Reserve officers and when retired officers could be called to duty at any time with their consent, specify that the assistant chiefs shall be officers on the active list. AMENDMENTS 1996 - Subsec. (a). Pub. L. 104-106, Sec. 506(b)(1), substituted "in any corps of the Navy Medical Department" for "in the Medical Corps". Subsec. (b). Pub. L. 104-106, Sec. 506(b)(2), substituted "who is qualified to be the Chief of the Bureau of Medicine and Surgery" for "in the Medical Corps". 1980 - Pub. L. 96-513 substituted "active-duty list" for "active list" wherever appearing. 1965 - Subsec. (a). Pub. L. 89-288 provided the Surgeon General, while so serving, with the grade of vice admiral. 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. -End- -CITE- 10 USC Sec. 5138 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- Sec. 5138. Bureau of Medicine and Surgery: Dental Corps; Chief; functions -STATUTE- (a) An officer of the Dental Corps not below the grade of rear admiral (lower half) shall be detailed as Chief of the Dental Corps. (b) The Chief of the Dental Corps is entitled to the same privileges of retirement as provided for chiefs of bureaus in section 5133 of this title. (c) The dental functions of the Bureau of Medicine and Surgery shall be defined and prescribed by Bureau directives, and if necessary by regulations of the Secretary of the Navy, so that all such functions are under the direction of the Dental Corps. All matters relating to dentistry shall be referred to the Chief of the Dental Corps. (d) The Chief of the Dental Corps shall - (1) establish professional standards and policies for dental practice; (2) initiate and recommend action pertaining to complements, strength, appointments, advancement, training assignment, and transfer of dental personnel; and (3) serve as the advisor for the Bureau on all matters relating directly to dentistry. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 286; Pub. L. 87-649, Sec. 14c(17), Sept. 7, 1962, 76 Stat. 501; Pub. L. 96-513, title III, Sec. 342, Dec. 12, 1980, 94 Stat. 2901; Pub. L. 97-86, title IV, Sec. 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 99-145, title V, Sec. 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 109-364, div. A, title V, Sec. 593(a)-(d)(1), Oct. 17, 2006, 120 Stat. 2234.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 5138 5 U.S.C. 456b. Dec. 28, 1945, ch. 604, Sec. 2, 59 Stat. 666. 5 U.S.C. 456c. Dec. 28, 1945, ch. 604, Sec. 3, 59 Stat. 666; Aug. 7, 1947, ch. 512, Sec. 427, 61 Stat. 880; Oct. 18, 1951, ch. 513, 65 Stat. 450. -------------------------------------------------------------------- AMENDMENTS 2006 - Pub. L. 109-364, Sec. 593(d)(1), substituted "Dental Corps" for "Dental Division" in section catchline. Subsec. (a). Pub. L. 109-364, Sec. 593(a)(1), substituted "Chief of the Dental Corps" for "Chief of the Dental Division" and struck out first sentence which read as follows: "There is a Dental Division in the Bureau of Medicine and Surgery." Subsec. (b). Pub. L. 109-364, Sec. 593(a)(2), substituted "Dental Corps" for "Dental Division". Subsec. (c). Pub. L. 109-364, Sec. 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, Sec. 593(a)(3), substituted "Dental Corps" for "Dental Division" in first sentence and "the Chief of the Dental Corps" for "that Division" in second sentence. Subsec. (d). Pub. L. 109-364, Sec. 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 maintenance 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 admiral (lower half)" for "commodore". 1981 - Subsec. (a). Pub. L. 97-86 substituted "commodore" 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, allowances, and" after "entitled to the same". See Title 37, Pay and Allowances of the Uniformed Services. 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 Allowances of the Uniformed Services. -End- -CITE- 10 USC Sec. 5139 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- Sec. 5139. Appointment of chiropractors in the Medical Service Corps -STATUTE- Chiropractors who are qualified under regulations prescribed by the Secretary of the Navy may be appointed as commissioned officers in the Medical Service Corps of the Navy. -SOURCE- (Added Pub. L. 102-484, div. A, title V, Sec. 505(b)(1), Oct. 23, 1992, 106 Stat. 2404.) -MISC1- PRIOR PROVISIONS A prior section 5139, acts Aug. 10, 1956, ch. 1041, 70A Stat. 287; Sept. 7, 1962, Pub. L. 87-649, Sec. 6(c)(1), 76 Stat. 494, established position of Chief of Medical Service Corps within Bureau of Medicine and Surgery, prior to repeal by Pub. L. 96-513, title III, Sec. 352(a), title VII, Sec. 701, Dec. 12, 1980, 94 Stat. 2902, 2955, eff. Sept. 15, 1981. 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 3070 of this title. -End- -CITE- 10 USC Sec. 5140 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- Sec. 5140. Repealed. -MISC1- [Sec. 5140. Repealed. Pub. L. 96-513, title III, Sec. 352(a), Dec. 12, 1980, 94 Stat. 2902]. Section, acts Aug. 10 1956, ch. 1041, 70A Stat. 287; Aug. 21, 1957, Pub. L. 85-155, title II, Sec. 201(23), 71 Stat. 385; Sept. 7, 1962, Pub. L. 87-649, Sec. 6(c)(2), 76 Stat. 494; Sept. 30, 1966, Pub. L. 89-609, Sec. 1(6), 80 Stat. 853; Nov. 8, 1967, Pub. L. 90-130, Sec. 1(14)(A), 81 Stat. 376, established position of Director of Nurse Corps within Bureau of Medicine and Surgery. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96- 513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. -End- -CITE- 10 USC Sec. 5141 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- Sec. 5141. Bureau of Naval Personnel: Chief of Naval Personnel; Deputy Chief of Naval Personnel -STATUTE- (a) The Chief of the Bureau of Naval Personnel shall be known as the Chief of Naval Personnel. The Chief of Naval Personnel 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 active- duty list in the line of the Navy not below the grade of commander. (b) The Deputy Chief of the Bureau of Naval Personnel shall be known as the Deputy Chief of Naval Personnel. An officer on the active-duty list in the line of the Navy not below the grade of commander may be detailed as Deputy Chief of Naval Personnel. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 287; Pub. L. 96-513, title V, Sec. 503(11), Dec. 12, 1980, 94 Stat. 2912.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 5141(a) 5 U.S.C. 432. R.S. 421. 5 U.S.C. 434 (less R.S. 422 (less applicability to Chief of applicability to Chief BuOrd). of BuOrd, Bureau of Equipment and Recruiting, and BuDocks); May 13, 1942, ch. 303, Sec. 1, 56 Stat. 276. 5141(b) 5 U.S.C. 446 (less last Mar. 3, 1893, ch. 212 49 words). (1st par., less last 53 words), 27 Stat. 717; May 13, 1942, ch. 303, Sec. 1, 56 Stat. 276. -------------------------------------------------------------------- In subsection (a) the words "from officers on the active list in the line of the Navy" are substituted for the words "from the list of officers of the Navy" to conform 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, Sec. 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 officers for appointment as chiefs of appropriate staff bureaus. However, as incorporated in R.S. 421, they provide a category of eligible officers which is an alternative to each of the categories listed in R.S. 422-426. Thus R.S. 421 and R.S. 422, as originally enacted, provided 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. Pursuant 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 appointee 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, leaving only the Bureau of Naval Personnel (formerly Navigation) and the Bureau of Ordnance of the four "line" bureaus originally listed in R.S. 422. The statutes establishing new "line" bureaus, the Bureau of Ships and the Bureau of Aeronautics, contain their own requirements as to the qualifications of the chiefs. The abolition 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 members 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. Furthermore, 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 captains 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 commander" are substituted for the words "An officer of the Navy not below the rank of commander" to conform 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 Sec. 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 Sec. 5134 of this title. AMENDMENTS 1980 - Pub. L. 96-513 substituted "active-duty list" for "active list" wherever appearing. 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. -End- -CITE- 10 USC Sec. 5142 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- Sec. 5142. Chaplain Corps and Chief of Chaplains -STATUTE- (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 Department 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 officers of the Chaplain Corps in the grade of commander or above who are serving on active duty and who have served on active duty in the Chaplain Corps for at least eight years. (c) An officer appointed as the Chief of Chaplains shall be appointed for a term of four years. However, the President may terminate or extend the appointment at any time. (d)(1) The Chief of Chaplains shall perform such duties as may be prescribed by the Secretary of the Navy and by law. (2) The Chief of Chaplains shall, with respect to all duties pertaining to the procurement, distribution, and support of personnel of the Chaplain Corps, report to and be supported by the Chief of Naval Personnel. (e) 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. -SOURCE- (Added Pub. L. 96-343, Sec. 11(a), Sept. 8, 1980, 94 Stat. 1130; amended Pub. L. 105-85, div. A, title V, Sec. 504(c)(1), Nov. 18, 1997, 111 Stat. 1725.) -MISC1- PRIOR PROVISIONS A prior section 5142, acts Aug. 10, 1956, ch. 1041, 70A Stat. 288; Sept. 7, 1962, Pub. L. 87-649, Sec. 14c(18), 76 Stat. 501, provided for a Chief of Chaplains in Bureau of Naval Personnel, detailed by Chief of Naval Personnel from officers on active list of the Navy in Chaplains Corps not below grade of rear admiral, prior to repeal by Pub. L. 96-343, Sec. 11(a). AMENDMENTS 1997 - Subsec. (b). Pub. L. 105-85 struck out ", who are not on the retired list," after "serving on active duty". -End- -CITE- 10 USC Sec. 5142a 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- Sec. 5142a. Deputy Chief of Chaplains -STATUTE- The Secretary of the Navy may detail as the Deputy Chief of Chaplains an officer of the Chaplain Corps in the grade of commander or above who is on active duty and who has served on active duty in the Chaplain Corps for at least eight years. -SOURCE- (Added Pub. L. 96-343, Sec. 11(a), Sept. 8, 1980, 94 Stat. 1130; amended Pub. L. 105-85, div. A, title V, Sec. 504(c)(2), Nov. 18, 1997, 111 Stat. 1725.) -MISC1- AMENDMENTS 1997 - Pub. L. 105-85 struck out ", who is not on the retired list," after "who is on active duty". -End- -CITE- 10 USC Sec. 5143 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- Sec. 5143. Office of Navy Reserve: appointment of Chief -STATUTE- (a) Establishment of Office: Chief of Navy Reserve. - There is in the executive part of the Department of the Navy, on the staff of the Chief of Naval Operations, an Office of the Navy Reserve, which is headed by a Chief of Navy Reserve. The Chief of Navy Reserve - (1) is the principal adviser on Navy Reserve matters to the Chief of Naval Operations; and (2) is the commander of the Navy Reserve Force. (b) Appointment. - (1) The President, by and with the advice and consent of the Senate, shall appoint the Chief of Navy Reserve from flag officers of the Navy (as defined in section 5001(1)) who have had at least 10 years of commissioned service. (2) The Secretary of Defense may not recommend an officer to the President for appointment as Chief of Navy Reserve unless the officer - (A) is recommended by the Secretary of the Navy; and (B) is determined by the Chairman of the Joint Chiefs of Staff, in accordance with criteria and as a result of a process established by the Chairman, to have significant joint duty experience. (3) An officer on active duty for service as the Chief of Navy Reserve shall be counted for purposes of the grade limitations under sections 525 and 526 of this title. (4) Until December 31, 2006, the Secretary of Defense may waive subparagraph (B) of paragraph (2) with respect to the appointment of an officer as Chief of Navy Reserve if the Secretary of the Navy requests the waiver and, in the judgment of the Secretary of Defense - (A) the officer is qualified for service in the position; and (B) the waiver is necessary for the good of the service. Any such waiver shall be made on a case-by-case basis. (c) Term; Reappointment; Grade. - (1) The Chief of Navy Reserve is appointed for a term determined by the Chief of Naval Operations, normally four years, but may be removed for cause at any time. An officer serving as Chief of Navy Reserve may be reappointed for one additional term of up to four years. (2) The Chief of Navy Reserve, while so serving, holds the grade of vice admiral. (d) Budget. - The Chief of Navy Reserve is the official within the executive part of the Department of the Navy who, subject to the authority, direction, and control of the Secretary of the Navy and the Chief of Naval Operations, is responsible for preparation, justification, and execution of the personnel, operation and maintenance, and construction budgets for the Navy Reserve. As such, the Chief of Navy Reserve is the director and functional manager of appropriations made for the Navy Reserve in those areas. (e) Annual Report. - (1) The Chief of Navy Reserve shall submit to the Secretary of Defense, through the Secretary of the Navy, an annual report on the state of the Navy Reserve and the ability of the Navy Reserve to meet its missions. The report shall be prepared in conjunction with the Chief of Naval Operations and may be submitted in classified and unclassified versions. (2) The Secretary of Defense shall transmit the annual report of the Chief of Navy Reserve under paragraph (1) to Congress, together with such comments on the report as the Secretary considers appropriate. The report shall be transmitted at the same time each year that the annual report of the Secretary under section 113 of this title is submitted to Congress. -SOURCE- (Added Pub. L. 104-201, div. A, title XII, Sec. 1212(b)(1), Sept. 23, 1996, 110 Stat. 2691; amended Pub. L. 106-65, div. A, title V, Sec. 554(c), Oct. 5, 1999, 113 Stat. 617; Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 507(b), title X, Sec. 1087(a)(18)], Oct. 30, 2000, 114 Stat. 1654, 1654A-103, 1654A-291; Pub. L. 107-314, div. A, title V, Sec. 501(a), Dec. 2, 2002, 116 Stat. 2529; Pub. L. 108-375, div. A, title V, Sec. 536(a), Oct. 28, 2004, 118 Stat. 1901; Pub. L. 109-163, div. A, title V, Sec. 515(b)(1)(F), (2), (3)(A), Jan. 6, 2006, 119 Stat. 3233, 3234.) -MISC1- PRIOR PROVISIONS A prior section 5143, acts Aug. 10, 1956, ch. 1041, 70A Stat. 288; Sept. 7, 1962, Pub. L. 87-649, Sec. 6(c)(3), 76 Stat. 494; Nov. 8, 1967, Pub. L. 90-130, Sec. 14(B), (C), 81 Stat. 376, established in Bureau of Naval Personnel the position of Assistant Chief of Naval Personnel for Women, prior to repeal by Pub. L. 96- 513, title III, Sec. 344(a), title VII, Sec. 701, Dec. 12, 1980, 94 Stat. 2901, 2955, effective Sept. 15, 1981. AMENDMENTS 2006 - Pub. L. 109-163, Sec. 515(b)(3)(A), substituted "Navy Reserve" for "Naval Reserve" in section catchline. Pub. L. 109-163, Sec. 515(b)(1)(F), substituted "Navy Reserve" for "Naval Reserve" wherever appearing in text. Subsec. (a). Pub. L. 109-163, Sec. 515(b)(2), substituted "Navy Reserve" for "Naval Reserve" in heading. 2004 - Subsec. (b)(4). Pub. L. 108-375 substituted "December 31, 2006" for "December 31, 2004". 2002 - Subsec. (b)(4). Pub. L. 107-314 substituted "December 31, 2004" for "October 1, 2003" in introductory provisions. 2000 - Subsec. (b). Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 507(b)], amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: "The President, by and with the advice and consent of the Senate, shall appoint the Chief of Naval Reserve from officers who - "(1) have had at least 10 years of commissioned service; "(2) are in a grade above captain; and "(3) have been recommended by the Secretary of the Navy." Subsec. (c). Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 507(b)], amended heading and text of subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "(c) Grade. - (1) The Chief of Naval Reserve holds office for a term determined by the Chief of Naval Operations, normally four years, but may be removed for cause at any time. He is eligible to succeed himself. "(2) The Chief of Naval Reserve, while so serving, has the grade of rear admiral, without vacating the officer's permanent grade. However, if selected in accordance with section 12505 of this title, he may be appointed in the grade of vice admiral." Subsec. (c)(2). Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(a)(18)], substituted "has the grade of" for "has a grade". 1999 - Subsec. (c)(2). Pub. L. 106-65 substituted "rear admiral" for "above rear admiral (lower half)" and inserted at end "However, if selected in accordance with section 12505 of this title, he may be appointed in the grade of vice admiral." EFFECTIVE DATE OF 1999 AMENDMENT; APPLICABILITY TO INCUMBENTS Amendment by Pub. L. 106-65 effective 60 days after Oct. 5, 1999, with special provision for an officer who is a covered position incumbent who is appointed under that amendment to the grade of lieutenant general or vice admiral, see section 554(g), (h) of Pub. L. 106-65, set out as a note under section 3038 of this title. -End- -CITE- 10 USC Sec. 5144 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- Sec. 5144. Office of Marine Forces Reserve: appointment of Commander -STATUTE- (a) Establishment of Office; Commander, Marine Forces Reserve. - There is in the executive part of the Department of the Navy an Office of the Marine Forces Reserve, which is headed by the Commander, Marine Forces Reserve. The Commander, Marine Forces Reserve, is the principal adviser to the Commandant on Marine Forces Reserve matters. (b) Appointment. - (1) The President, by and with the advice and consent of the Senate, shall appoint the Commander, Marine Forces Reserve, from general officers of the Marine Corps (as defined in section 5001(2)) who have had at least 10 years of commissioned service. (2) The Secretary of Defense may not recommend an officer to the President for appointment as Commander, Marine Forces Reserve, unless the officer - (A) is recommended by the Secretary of the Navy; and (B) is determined by the Chairman of the Joint Chiefs of Staff, in accordance with criteria and as a result of a process established by the Chairman, to have significant joint duty experience. (3) An officer on active duty for service as the Commander, Marine Forces Reserve, shall be counted for purposes of the grade limitations under sections 525 and 526 of this title. (4) Until December 31, 2006, the Secretary of Defense may waive subparagraph (B) of paragraph (2) with respect to the appointment of an officer as Commander, Marine Forces Reserve, if the Secretary of the Navy requests the waiver and, in the judgment of the Secretary of Defense - (A) the officer is qualified for service in the position; and (B) the waiver is necessary for the good of the service. Any such waiver shall be made on a case-by-case basis. (c) Term; Reappointment; Grade. - (1) The Commander, Marine Forces Reserve, is appointed for a term determined by the Commandant of the Marine Corps, normally four years, but may be removed for cause at any time. An officer serving as Commander, Marine Forces Reserve, may be reappointed for one additional term of up to four years. (2) The Commander, Marine Forces Reserve, while so serving, holds the grade of lieutenant general. (d) Annual Report. - (1) The Commander, Marine Forces Reserve, shall submit to the Secretary of Defense, through the Secretary of the Navy, an annual report on the state of the Marine Corps Reserve and the ability of the Marine Corps Reserve to meet its missions. The report shall be prepared in conjunction with the Commandant of the Marine Corps and may be submitted in classified and unclassified versions. (2) The Secretary of Defense shall transmit the annual report of the Commander, Marine Forces Reserve, under paragraph (1) to Congress, together with such comments on the report as the Secretary considers appropriate. The report shall be transmitted at the same time each year that the annual report of the Secretary under section 113 of this title is submitted to Congress. -SOURCE- (Added Pub. L. 104-201, div. A, title XII, Sec. 1212(c)(1), Sept. 23, 1996, 110 Stat. 2692; amended Pub. L. 106-65, div. A, title V, Sec. 554(d), Oct. 5, 1999, 113 Stat. 617; Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 507(c), title X, Sec. 1087(a)(19)], Oct. 30, 2000, 114 Stat. 1654, 1654A-103, 1654A-291; Pub. L. 107-314, div. A, title V, Sec. 501(a), Dec. 2, 2002, 116 Stat. 2529; Pub. L. 108-375, div. A, title V, Sec. 536(a), Oct. 28, 2004, 118 Stat. 1901.) -MISC1- PRIOR PROVISIONS A prior section 5144, act Aug. 10, 1956, ch. 1041, 70A Stat. 289, related to appointment and term of Chief of Bureau of Ordnance, and authorized detail of an officer as Deputy Chief of Bureau, prior to repeal by Pub. L. 86-174, Sec. 2(3), Aug. 18, 1959, 73 Stat. 396, effective July 1, 1960, or any earlier date on which the Secretary of the Navy made a formal finding that all the functions of the Bureau of Aeronautics and the Bureau of Ordnance had been transferred to the Bureau of Naval Weapons or elsewhere. AMENDMENTS 2004 - Subsec. (b)(4). Pub. L. 108-375 substituted "December 31, 2006" for "December 31, 2004". 2002 - Subsec. (b)(4). Pub. L. 107-314 substituted "December 31, 2004" for "October 1, 2003". 2000 - Subsec. (b). Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 507(c)], amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: "The President, by and with the advice and consent of the Senate, shall appoint the Commander, Marine Forces Reserve, from officers of the Marine Corps who - "(1) have had at least 10 years of commissioned service; "(2) are in a grade above colonel; and "(3) have been recommended by the Secretary of the Navy." Subsec. (c). Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 507(c)], amended heading and text of subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "(c) Term of Office; Grade. - (1) The Commander, Marine Forces Reserve, holds office for a term determined by the Commandant of the Marine Corps, normally four years, but may be removed for cause at any time. He is eligible to succeed himself. "(2) The Commander, Marine Forces Reserve, while so serving, has the grade of major general, without vacating the officer's permanent grade. However, if selected in accordance with section 12505 of this title, he may be appointed in the grade of lieutenant general." Subsec. (c)(2). Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(a)(19)], substituted "has the grade of" for "has a grade". 1999 - Subsec. (c)(2). Pub. L. 106-65 substituted "major general" for "above brigadier general" and inserted at end "However, if selected in accordance with section 12505 of this title, he may be appointed in the grade of lieutenant general." EFFECTIVE DATE OF 1999 AMENDMENT; APPLICABILITY TO INCUMBENTS Amendment by Pub. L. 106-65 effective 60 days after Oct. 5, 1999, with special provision for an officer who is a covered position incumbent who is appointed under that amendment to the grade of lieutenant general or vice admiral, see section 554(g), (h) of Pub. L. 106-65, set out as a note under section 3038 of this title. -End- -CITE- 10 USC Secs. 5145 to 5147 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- Secs. 5145 to 5147. Repealed. -MISC1- [Secs. 5145 to 5147. Repealed. Pub. L. 89-718, Sec. 35(5), Nov. 2, 1966, 80 Stat. 1120]. Section 5145, acts Aug. 10, 1956, ch. 1041, 70A Stat. 289; May 13, 1960, Pub. L. 86-454, 74 Stat. 103; Sept. 7, 1962, Pub. L. 87- 649, Sec. 14(c)(19), 76 Stat. 501, provided for appointment of Chief of Bureau of Ships, detailing and rank of Deputy Chief, and detailing of heads of major divisions of Bureau of Ships. Section 5146, act Aug. 10, 1956, ch. 1041, 70A Stat. 289, provided for appointment of Chief of Bureau of Supplies and Accounts and detailing of Deputy Chief. Section 5147, act Aug. 10, 1956, ch. 1041, 70A Stat. 289, provided for appointment of Chief of Bureau of Yards and Docks and detailing of Deputy Chief. -End- -CITE- 10 USC Sec. 5148 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- Sec. 5148. Judge Advocate General's Corps: Office of the Judge Advocate General; Judge Advocate General; appointment, term, emoluments, duties -STATUTE- (a) The Judge Advocate General's 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 Department of the Navy the Office of the Judge Advocate General of the Navy. The Judge Advocate General shall be appointed by the President, by and with the advice and consent of the Senate, for a term of four years. He shall be appointed from judge advocates of the Navy or the Marine Corps who 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 officers. The Judge Advocate General, while so serving, shall hold a grade not lower than rear admiral or major general, as appropriate. (c) Under regulations prescribed by the Secretary of Defense, the Secretary of the Navy, in selecting an officer for recommendation to the President for appointment as the Judge Advocate General, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title. (d) The Judge Advocate General of the Navy, under the direction of the Secretary of the Navy, shall - (1) perform duties relating to legal matters arising in the Department of the Navy as may be assigned to him; (2) perform the functions and duties and exercise the powers prescribed for the Judge Advocate General in chapter 47 of this title; (3) receive, revise, and have recorded the proceedings of boards for the examination of officers of the naval service for promotion and retirement; and (4) perform such other duties as may be assigned to him. (e) No officer or employee of the Department of Defense may interfere with - (1) the ability of the Judge Advocate General to give independent legal advice to the Secretary of the Navy or the Chief of Naval Operations; or (2) the ability of judge advocates of the Navy assigned or attached to, or performing duty with, military units to give independent legal advice to commanders. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 289; Pub. L. 87-649, Sec. 14c(20), Sept. 7, 1962, 76 Stat. 501; Pub. L. 90-179, Sec. 2(1), Dec. 8, 1967, 81 Stat. 546; Pub. L. 96-513, title III, Sec. 343, Dec. 12, 1980, 94 Stat. 2901; Pub. L. 103-337, div. A, title V, Sec. 504(b)(1), Oct. 5, 1994, 108 Stat. 2750; Pub. L. 108-375, div. A, title V, Sec. 574(b)(1), Oct. 28, 2004, 118 Stat. 1922; Pub. L. 109-163, div. A, title V, Sec. 508(b), title X, Sec. 1057(a)(2), Jan. 6, 2006, 119 Stat. 3229, 3440.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 5148 5 U.S.C. 428. June 8, 1880, ch. 129, 21 Stat. 164; June 5, 1896, ch. 331, 29 Stat. 251. 50 U.S.C. 741 (as May 5, 1950, ch. 169, applicable to Navy JAG). Sec. 13 (as applicable to Navy JAG), 64 Stat. 147. 5 U.S.C. 441 (as July 1, 1918, ch. 114, applicable to JAG). 40 Stat. 717 (1st sentence on p. 717, as applicable to JAG). 5 U.S.C. 425a (as June 22, 1938, ch. 567 applicable to JAG). (as applicable to JAG), 52 Stat. 839. -------------------------------------------------------------------- In subsection (b) the rank, pay, allowances, and privileges of retirement of chiefs of bureaus of the Navy are incorporated. 5 U.S.C. 441 apparently relates the Judge Advocate General of the Navy to the Judge Advocate General of the Army, as well as to bureau chiefs. However, since the creation of the Department of the Air Force by the National Security Act of 1947, if the incorporation to the Army provision is retained, the saving provisions in the act require an incorporation also to the rank, etc., of the Judge Advocate General of the Air Force. The rank of the Judge Advocate General of each of the other departments is now specified in organizational law to be major general. Since it is possible that these ranks may at some future time not be the same, incorporation by reference to them is no longer appropriate. Instead, the section relates the Judge Advocate General's rank, pay, allowances, and privileges of retirement to those of bureau chiefs as does 5 U.S.C. 441, in part. In subsection (c), clauses (1) and (4) are substituted for the words "and perform such other duties as have heretofore been performed by the Solicitor and Naval Judge Advocate General" to describe the duties of the Judge Advocate General directly instead of by reference to the duties performed by an officer whose office was abolished more than 75 years ago. Subsection (c)(2) is substituted for the reference, in 5 U.S.C. 428, to courts-martial and courts of inquiry, since the Uniform Code of Military Justice has superseded prior law as to the duties of the Judge Advocates General relating to these courts. AMENDMENTS 2006 - Subsec. (b). Pub. L. 109-163, Sec. 1057(a)(2), struck out "or Territory" after "highest court of a State". Pub. L. 109-163, Sec. 508(b), substituted "The Judge Advocate General, while so serving, shall hold a grade not lower than rear admiral or major general, as appropriate." for "If an officer appointed as the Judge Advocate General holds a lower regular grade, the officer shall be appointed in the regular grade of rear admiral or major general, as appropriate." 2004 - Subsec. (e). Pub. L. 108-375 added subsec. (e). 1994 - Subsec. (b). Pub. L. 103-337, Sec. 504(b)(1)(A), added last sentence and struck out former last sentence which read as follows: "While so serving, the Judge Advocate General of the Navy shall be entitled to the rank and grade of rear admiral or major general, as appropriate, unless entitled to a higher rank and grade under another provision of law." Subsec. (c). Pub. L. 103-337, Sec. 504(b)(1)(B), added subsec. (c) and struck out former subsec. (c) which read as follows: "The Judge Advocate General 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." 1980 - Subsec. (b). Pub. L. 96-513 inserted provision entitling Judge Advocate General of Navy to rank and grade of rear admiral or major general, as appropriate. 1967 - Pub. L. 90-179, Sec. 2(1)(A), inserted reference to Judge Advocate General's Corps in section catchline. Subsecs. (a) to (d). Pub. L. 90-179, Sec. 2(1)(B), (C), added subsec. (a), redesignated existing subsecs. (a) to (c) as (b) to (d), respectively, and in subsec. (b) as so redesignated substituted "judge advocates" for "officers". 1962 - Subsec. (b). Pub. L. 87-649 struck out ", pay, allowances," after "same rank". See Title 37, Pay and Allowances of the Uniformed Services. 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 Allowances of the Uniformed Services. REDESIGNATION OF NAVY LAW SPECIALISTS AS JUDGE ADVOCATES Pub. L. 90-179, Sec. 8, Dec. 8, 1967, 81 Stat. 549, provided that: "(a) In this section 'law specialist' means a line officer on the active or retired list of the Regular Navy or of the Naval Reserve designated for special duty (law) or a line officer of the Naval Reserve [now Navy Reserve] assigned a numerical designator indicating a special duty officer (law). "(b) All law specialists in the Navy are redesignated as judge advocates in the Judge Advocate General's Corps of the Navy. Each law specialist of the Navy who is on a promotion list on the day before the effective date of this Act [Dec. 8, 1967] shall be placed on the appropriate promotion list for the Judge Advocate General's Corps and shall be eligible for promotion when the officer who is to be his running mate in the next higher grade becomes eligible for promotion in that grade." SAVINGS PROVISION Section 10 of Pub. L. 90-179 provided that: "This Act [enacting sections 5578a and 5587a of this title, amending this section, sections 801, 806, 815, 827, 865, 936, 5149, 5404, 5508, 5581, 5587, 5600, 5652a, 5702, 5708, 5753, 5762, 5896, 5897 and 6378 of this title, and section 202 of Title 37, and enacting provisions set out as notes under this section and section 5149 of this title] does not affect rights accrued, duties matured, or proceedings commenced before its effective date. Redesignation of an officer under section 8(b) of this Act [set out as a note under this section] shall not operate to change the computation of his service for any purpose." WOMEN OFFICERS IN JUDGE ADVOCATE GENERAL'S CORPS OF NAVY Pub. L. 90-179, Sec. 11, Dec. 8, 1967, 81 Stat. 549, provided that all provisions of law applicable to male officers in the Navy Judge Advocate General's Corps, including Naval Reserve, were applicable to women Corps officers, prior to repeal by Pub. L. 97- 295, Sec. 6(b), Oct. 12, 1982, 96 Stat. 1314. -End- -CITE- 10 USC Sec. 5149 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- Sec. 5149. Office of the Judge Advocate General: Deputy Judge Advocate General; Assistant Judge Advocates General -STATUTE- (a)(1) There is a Deputy Judge Advocate General of the Navy who is appointed by the President, by and with the advice and consent of the Senate, from among judge advocates of the Navy and Marine Corps who have the qualifications prescribed for the Judge Advocate General. If an officer appointed as the Deputy Judge Advocate General holds a lower regular grade, the officer shall be appointed in the regular grade of rear admiral or major general, as appropriate. (2) Under regulations prescribed by the Secretary of Defense, the Secretary of the Navy, in selecting an officer for recommendation to the President for appointment as the Deputy Judge Advocate General, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title. (b) An officer of the Judge Advocate General's Corps who has the qualifications prescribed for the Judge Advocate General in section 5148(b) of this title may be detailed as Assistant Judge Advocate General of the Navy. While so serving, a judge advocate who holds a grade lower than rear admiral (lower half) shall hold the grade of rear admiral (lower half), if he is appointed to that grade by the President, by and with the advice and consent of the Senate. An officer who is retired while serving as Assistant Judge Advocate General of the Navy under this subsection or who, after serving at least twelve months as Assistant Judge Advocate General of the Navy, is retired after completion of that service while serving in a lower rank or grade, may, in the discretion of the President, be retired with the rank and grade of rear admiral (lower half). If he is retired as a rear admiral (lower half), he is entitled to the retired pay of that grade, unless entitled to higher pay under another provision of law. (c) A judge advocate of the Marine Corps who has the qualifications prescribed for the Judge Advocate General in section 5148(b) of this title may be detailed as Assistant Judge Advocate General of the Navy. While so serving, a judge advocate who holds a grade lower than brigadier general shall hold the grade of brigadier general, if he is appointed to that grade by the President, by and with the advice and consent of the Senate. An officer who is retired while serving as Assistant Judge Advocate General of the Navy under this subsection or who, after serving at least twelve months as Assistant Judge Advocate General of the Navy, is retired after completion of that service while serving in a lower rank or grade, may, in the discretion of the President, be retired with the rank and grade of brigadier general. If he is retired as a brigadier general, he is entitled to the retired pay of that grade, unless entitled to higher pay under another provision of law. (d) When there is a vacancy in the Office of the Judge Advocate General, or during the absence or disability of the Judge Advocate General, the Deputy Judge Advocate General shall perform the duties of the Judge Advocate General until a successor is appointed or the absence or disability ceases. (e) When subsection (d) cannot be complied with because of the absence or disability of the Deputy Judge Advocate General, the Assistant Judge Advocates General, in the order directed by the Secretary of the Navy, shall perform the duties of the Judge Advocate General. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 290; Pub. L. 85-861, Sec. 33(a)(28), Sept. 2, 1958, 72 Stat. 1566; Pub. L. 87-649, Sec. 14c(21), Sept. 7, 1962, 76 Stat. 501; Pub. L. 89-718, Sec. 36, Nov. 2, 1966, 80 Stat. 1120; Pub. L. 90-179, Sec. 2(2), Dec. 8, 1967, 81 Stat. 546; Pub. L. 90-623, Sec. 2(9), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96-513, title V, Sec. 503(13), Dec. 12, 1980, 94 Stat. 2912; Pub. L. 97-86, title IV, Sec. 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 99-145, title V, Sec. 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 99-661, div. A, title V, Sec. 508(b), Nov. 14, 1986, 100 Stat. 3867; Pub. L. 103-337, div. A, title V, Sec. 504(b)(2), Oct. 5, 1994, 108 Stat. 2751.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 5149(a) 5 U.S.C. 444 (less last Aug. 29, 1916, ch. 417 19 words). (3d par., 96th through 121st word), 39 Stat. 558. 5 U.S.C. 453 (as Mar. 4, 1925, ch. 536, applicable to Asst. JAG). Sec. 15 (as applicable to Asst. JAG), 43 Stat. 1275. 5149(b) 5 U.S.C. 444 (last 19 Aug. 29, 1916, ch. 417 words). (3d par., 122d word to end of par.), 39 Stat. 558. 5149(c) 5 U.S.C. 432a (as Feb. 3, 1942, ch. 35, applicable to JAG). Sec. 1 (as applicable to JAG), 56 Stat. 47. -------------------------------------------------------------------- Changes in phraseology are made to conform to the language used in Sec. 5135 of this title. AMENDMENTS 1994 - Subsec. (a). Pub. L. 103-337 designated existing provisions as par. (1), added second sentence, struck out former second and third sentences which read as follows: "While so serving he is entitled to the grade of rear admiral or major general, as appropriate, unless entitled to a higher grade under another provision of law. The Deputy Judge Advocate General is entitled to the same privileges of retirement as provided for chiefs of bureaus in section 5133 of this title.", and added par. (2). 1986 - Subsec. (a). Pub. L. 99-661, Sec. 508(b)(1), substituted "There is a Deputy Judge Advocate General of the Navy who is appointed by the President, by and with the advice and consent of the Senate, from among judge advocates of the Navy and Marine Corps who have the qualifications prescribed for the Judge Advocate General" for "A judge advocate of the Navy or Marine Corps who has the qualifications prescribed for the Judge Advocate General in section 5148(b) of this title shall be detailed as Deputy Judge Advocate General of the Navy", and struck out "rank and" before "grade of" and struck out "rank or" before "grade under" in second sentence. Subsec. (b). Pub. L. 99-661, Sec. 508(b)(2), substituted "While so serving, a judge advocate who holds a grade lower than rear admiral (lower half) shall hold the grade of rear admiral (lower half), if he is appointed to that grade by the President, by and with the advice and consent of the Senate" for "While so serving he is entitled to the rank and grade of rear admiral (lower half), unless entitled to a higher rank or grade under another provision of law". Subsec. (c). Pub. L. 99-661, Sec. 508(b)(3), substituted "While so serving, a judge advocate who holds a grade lower than brigadier general shall hold the grade of brigadier general, if he is appointed to that grade by the President, by and with the advice and consent of the Senate" for "While so serving he is entitled to the rank and grade of brigadier general, unless entitled to a higher rank or grade under another provision of law". 1985 - Subsec. (b). Pub. L. 99-145 substituted "rear admiral (lower half)" for "commodore" in three places. 1981 - Subsec. (b). Pub. L. 97-86 substituted "commodore" for "commodore admiral" in three places. 1980 - Subsec. (a). Pub. L. 96-513, Sec. 503(13)(A), struck out "(upper half)" after "entitled to the rank and grade of rear admiral". Subsec. (b). Pub. L. 96-513, Sec. 503(13)(B), (C), substituted "rank and grade of commodore admiral" for "rank and grade of rear admiral (lower half)" in two places, "retired as a commodore admiral" for "retired as a rear admiral", and "retired pay of that grade" for "retired pay in the lower half of that grade". 1968 - Subsec. (c). Pub. L. 90-623 substituted "5148(b)" for "4158(b)". 1967 - Pub. L. 90-179 inserted reference to Deputy Judge Advocate General and substituted "Advocates General" for "Advocate General; succession to duties" after "Assistant Judge" in section catchline. Subsec. (a). Pub. L. 90-179 substituted provisions relating to the detailing of a judge advocate of the Navy or Marine Corps as Deputy Judge Advocate General of the Navy, his rank while so serving and retirement privileges for provisions relating to the detailing of an officer of the Navy or Marine Corps as Assistant Judge Advocate General. Subsecs. (b) to (d). Pub. L. 90-179 added subsecs. (b) and (c), redesignated former subsecs. (b) and (c) as (d) and (e), respectively, and in subsec. (d), as so redesignated, substituted "Deputy Judge Advocate General" for "Assistant Judge Advocate General, unless otherwise directed by the President,". Subsec. (e). Pub. L. 90-179 redesignated former subsec. (c) as (e) and in subsec. (e), as so redesignated, substituted provisions relating to the performance of the duties of the Judge Advocate General by the Assistant Judge Advocates General in the event of the absence or disability of the Deputy Judge Advocate General for provisions relating to the performance of such duties by the heads of the major divisions of the Office of the Judge Advocate General in the event of the absence or disability of the Assistant Judge Advocate General. 1966 - Pub. L. 89-718 struck out "pay," before "succession" in section catchline. 1962 - Subsec. (a). Pub. L. 87-649 repealed last sentence which provided that a person detailed as Assistant Judge Advocate General is entitled to the highest pay of his rank. See section 202 of Title 37, Pay and Allowances of the Uniformed Services. 1958 - Subsec. (b). Pub. L. 85-861 substituted "office" for "Office". EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-661 applicable with respect to appointments or details made on or after Nov. 14, 1986, see section 508(f) of Pub. L. 99-661, set out as an Effective Date note under section 12210 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, 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 Allowances of the Uniformed Services. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85-861, set out as a note under section 101 of this title. -TRANS- DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of Defense, see section 1(8) of Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under section 301 of Title 3, The President. -MISC2- OFFICER SERVING AS DEPUTY AND ASSISTANT JUDGE ADVOCATE OF THE NAVY ON DEC. 7, 1967; RANK; RETIREMENT BENEFITS Section 9 of Pub. L. 90-179 provided that: "Nothing in this Act [enacting sections 5578a and 5587a of this title, amending this section, sections 801, 806, 815, 827, 865, 936, 5148, 5404, 5508, 5581, 5587, 5600, 5652a, 5702, 5708, 5753, 5762, 5896, 5897, and 6378 of this title, and section 202 of Title 37, and enacting provisions set out as notes under this section and section 5184 of this title] shall operate to terminate or reduce the term of an officer who was serving as Deputy and Assistant Judge Advocate General of the Navy on the day before the effective date of this Act [Dec. 8, 1967] or to deprive to him of the rank, pay, allowances, or retirement privileges to which he was then entitled. Notwithstanding any other provision of law, an officer who was so serving on the day before the effective date of this Act shall be deemed to be detailed as Deputy Judge Advocate General, pursuant to section 5149 of title 10, United States Code, as amended by this Act [this section], and in addition to rights and benefits then accrued, to be entitled to the rank and retirement benefits authorized by that section. For the purposes of determining his eligibility for the retirement benefits authorized by section 5149 of title 10, United States Code, as amended by this Act [this section], an officer who is serving as Deputy Judge Advocate General on the effective date of this Act shall be credited with all service performed under appointment or detail as Deputy and Assistant Judge Advocate General before the effective date of this Act." -End- -CITE- 10 USC Sec. 5150 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- Sec. 5150. Staff corps of the Navy -STATUTE- (a) The staff corps of the Navy are - (1) the Medical Corps; (2) the Dental Corps; (3) the Judge Advocate General's Corps; (4) the Chaplain Corps; and (5) such other staff corps as may be established by the Secretary of the Navy under subsection (b). (b)(1) The Secretary of the Navy may establish staff corps of the Navy in addition to the Medical Corps, the Dental Corps, the Judge Advocate General's Corps, and the Chaplain Corps. The Secretary may designate commissioned officers in, and may assign members to, any such staff corps. (2) Subject to subsection (c), the Secretary of the Navy may provide for the appointment of the chief of any staff corps established under this subsection. (c) The Secretary of the Navy, whenever the needs of the service require, may convene a selection board under section 611(a) of this title to select an officer in the Nurse Corps or in the Medical Service Corps (if such corps has been established under subsection (a)) for promotion to the grade of rear admiral, in the case of an officer in the Nurse Corps, or rear admiral (lower half), in the case of an officer in the Medical Service Corps. An officer promoted pursuant to such a selection shall be appointed by the Secretary to the position of Director of the Nurse Corps or Director of the Medical Service Corps, respectively, for a term of four years, to serve at the pleasure of the Secretary. For the purpose of computing the total number of flag officers in the staff corps of the Navy under section 526 of this title, an officer so appointed shall be considered an additional number in grade. -SOURCE- (Added Pub. L. 96-513, title III, Sec. 351, Dec. 12, 1980, 94 Stat. 2902, Sec. 5155; amended Pub. L. 97-22, Sec. 6(a), July 10, 1981, 95 Stat. 129; Pub. L. 97-86, title IV, Sec. 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; renumbered Sec. 5150, Pub. L. 99-433, title V, Sec. 514(a)(2), Oct. 1, 1986, 100 Stat. 1054; Pub. L. 99-661, div. A, title XIII, Sec. 1343(a)(23), Nov. 14, 1986, 100 Stat. 3994; Pub. L. 100-26, Sec. 3(7), Apr. 21, 1987, 101 Stat. 274; Pub. L. 102-190, div. A, title X, Sec. 1061(a)(22)(A), Dec. 5, 1991, 105 Stat. 1473; Pub. L. 107-314, div. A, title V, Sec. 504(a)(2), Dec. 2, 2002, 116 Stat. 2531.) -MISC1- PRIOR PROVISIONS A prior section 5150 was renumbered section 5021 of this title. AMENDMENTS 2002 - Subsec. (c). Pub. L. 107-314 substituted "for promotion to the grade of rear admiral, in the case of an officer in the Nurse Corps, or rear admiral (lower half), in the case of an officer in the Medical Service Corps" for "for promotion to the grade of rear admiral (lower half)" in first sentence. 1991 - Subsec. (c). Pub. L. 102-190 substituted "section 526" for "section 5444". 1987 - Subsec. (c). Pub. L. 100-26 made technical amendment to directory language of Pub. L. 99-661, Sec. 1343(a)(23). See 1986 Amendment note below. 1986 - Subsec. (c). Pub. L. 99-661, as amended by Pub. L. 100-26, substituted "rear admiral (lower half)" for "commodore". 1981 - Subsec. (c). Pub. L. 97-86 substituted "commodore" for "commodore admiral". Pub. L. 97-22 substituted "Nurse Corps or in the Medical Service Corps (if such corps has been established under subsection (a)) for promotion to the grade of commodore admiral" for "Nurse Corps or Medical Service Corps for promotion to the grade of commodore admiral or rear admiral, as appropriate", substituted "An officer promoted pursuant to such a selection shall be appointed by the Secretary to the position of Director of the Nurse Corps or Director of the Medical Service Corps, respectively, for a term of four years, to serve at the pleasure of the Secretary" for "An officer so selected shall be appointed by the President, by and with the advice and consent of the Senate, for a term of four years to serve in the position, respectively, of Director of the Nurse Corps or Director of the Medical Service Corps", and inserted provision that for the purpose of computing the total number of flag officers in the staff corps of the Navy under section 5444 of this title, an officer so appointed shall be considered an additional number in grade. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-26 applicable as if included in Pub. L. 99-661 when enacted on Nov. 14, 1986, see section 12(a) of Pub. L. 100-26, set out as a note under section 776 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 Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96-513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT ACT For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96-513 and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Pub. L. 96-513, see section 601 et seq. of Pub. L. 96-513, set out as a note under section 611 of this title. -End- -CITE- 10 USC Sec. 5151 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- [Sec. 5151. Renumbered Sec. 5022] -STATUTE- -End- -CITE- 10 USC Sec. 5152 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- [Sec. 5152. Renumbered Sec. 5023] -STATUTE- -End- -CITE- 10 USC Sec. 5153 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- [Sec. 5153. Renumbered Sec. 5024] -STATUTE- -End- -CITE- 10 USC Sec. 5154 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- Sec. 5154. Repealed. -MISC1- [Sec. 5154. Repealed. Pub. L. 89-718, Sec. 35(5), Nov. 2, 1966, 80 Stat. 1120]. Section, added Pub. L. 86-174, Sec. 1(2), Aug. 18, 1959, 73 Stat. 395, provided for appointment of Chief of the Bureau of Naval Weapons and detailing of Deputy Chief. -End- -CITE- 10 USC Sec. 5155 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL -HEAD- [Sec. 5155. Renumbered Sec. 5150] -STATUTE- -End- -CITE- 10 USC [CHAPTER 515 - REPEALED] 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION [CHAPTER 515 - REPEALED] -HEAD- [CHAPTER 515 - REPEALED] -End- -CITE- 10 USC Secs. 5201 to 5204 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION [CHAPTER 515 - REPEALED] -HEAD- Secs. 5201 to 5204. Repealed. -MISC1- [Secs. 5201 to 5204. Repealed. Pub. L. 99-433, title V, Sec. 513(a), Oct. 1, 1986, 100 Stat. 1051]. Section 5201, acts Aug. 10, 1956, ch. 1041, 70A Stat. 292; May 20, 1958, Pub. L. 85-422, Sec. 6(3), 72 Stat. 129; Aug. 6, 1958, Pub. L. 85-599, Sec. 4(c), 72 Stat. 517; Sept. 7, 1962, Pub. L. 87- 651, title I, Sec. 114, 76 Stat. 513; June 5, 1967, Pub. L. 90-22, title IV, Sec. 404, 81 Stat. 53; Dec. 12, 1980, Pub. L. 96-513, title V, Sec. 503(15), 94 Stat. 2912; July 1, 1986, Pub. L. 99-348, title I, Sec. 104(c)(1), 100 Stat. 691, related to appointment, term, etc., of the Commandant of the Marine Corps. See section 5043 of this title. Section 5202, acts Aug. 10, 1956, ch. 1041, 70A Stat. 292; Aug. 6, 1958, Pub. L. 85-599, Sec. 6(c), 72 Stat. 519; Sept. 7, 1962, Pub. L. 87-649, Sec. 14c(24), 76 Stat. 501; May 2, 1969, Pub. L. 91- 11, 83 Stat. 8; Mar. 4, 1976, Pub. L. 94-225, Sec. 1, 90 Stat. 202; Dec. 12, 1980, Pub. L. 96-513, title V, Secs. 503(15), 513(7)(B), 94 Stat. 2912, 2931, related to detail and duties of the Assistant Commandant of the Marine Corps. See section 5044 of this title. Section 5203, act Aug. 10, 1956, ch. 1041, 70A Stat. 292, related to detail of the Director of Personnel of the Marine Corps. Section 5204, acts Aug. 10, 1956, ch. 1041, 70A Stat. 292; Aug. 3, 1961, Pub. L. 87-123, Sec. 5(2), 75 Stat. 264, related to detail of the Quartermaster General of the Marine Corps. -End- -CITE- 10 USC Sec. 5205 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION [CHAPTER 515 - REPEALED] -HEAD- Sec. 5205. Repealed. -MISC1- [Sec. 5205. Repealed. Pub. L. 87-123, Sec. 5(3), Aug. 3, 1961, 75 Stat. 264]. Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 293, related to retirement of heads of Marine Corps staff departments, their retired grade and pay. -End- -CITE- 10 USC Sec. 5206 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION [CHAPTER 515 - REPEALED] -HEAD- Sec. 5206. Repealed. -MISC1- [Sec. 5206. Repealed. Pub. L. 96-513, title III, Sec. 344(b), Dec. 12, 1980, 94 Stat. 2901]. Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 293; Sept. 7, 1962, Pub. L. 87-649, Sec. 6(c)(4), 76 Stat. 494; Nov. 8, 1967, Pub. L. 90-130, Sec. 1(15), 81 Stat. 376, established in Office of Commandant of Marine Corps the position of Director of Women Marines. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96- 513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. -End- -CITE- 10 USC [CHAPTER 516 - REPEALED] 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION [CHAPTER 516 - REPEALED] -HEAD- [CHAPTER 516 - REPEALED] -End- -CITE- 10 USC Secs. 5221, 5222 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION [CHAPTER 516 - REPEALED] -HEAD- Secs. 5221, 5222. Repealed. -MISC1- [Secs. 5221, 5222. Repealed. Pub. L. 95-82, title VI, Sec. 611(a), Aug. 1, 1977, 91 Stat. 378]. Section 5221, added Pub. L. 90-110, title X, Sec. 1001(1), Oct. 21, 1967, 81 Stat. 310, provided for inclusion of naval districts within organization of Department of the Navy. Section 5222, added Pub. L. 90-110, title X, Sec. 1001(1), Oct. 21, 1967, 81 Stat. 310, provided for detailing of officers of the Navy not below the grade of rear admiral as commandants of each of naval districts. -End- -CITE- 10 USC [CHAPTER 517 - REPEALED] 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION [CHAPTER 517 - REPEALED] -HEAD- [CHAPTER 517 - REPEALED] -End- -CITE- 10 USC Secs. 5231 to 5234 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION [CHAPTER 517 - REPEALED] -HEAD- Secs. 5231 to 5234. Repealed. -MISC1- [Secs. 5231 to 5234. Repealed. Pub. L. 96-513, title III, Sec. 331, Dec. 12, 1980, 94 Stat. 2896]. Section 5231, acts Aug. 10, 1956, ch. 1041, 70A Stat. 294; July 30, 1977, Pub. L. 95-79, title VIII, Sec. 811(b)(1), (2), 91 Stat. 336; Oct. 20, 1978, Pub. L. 95-485, title VIII, Sec. 818(a), 92 Stat. 1626, related to designation by President of officers on active list of Navy above the grade of captain and, in time of war or national emergency, above the grade of commander for fleet commands and other high positions. See section 601 of this title. Section 5232, acts Aug. 10, 1956, ch. 1041, 70A Stat. 295; July 30, 1977, Pub. L. 95-79, title VIII, Sec. 811(b)(3), (4), 91 Stat. 336; Oct. 20, 1978, Pub. L. 95-485, title VIII, Sec. 818(b), 92 Stat. 1626, related to designation by President of officers on active list of Marine Corps above the grade of colonel and, in time of war or national emergency, above the grade of lieutenant colonel for appropriate higher commands or performance of duty of great importance and responsibility. See section 601 of this title. Section 5233, acts Aug. 10, 1956, ch. 1041, 70A Stat. 295; May 20, 1958, Pub. L. 85-422, Sec. 6(4), 72 Stat. 129; related to retirement of an officer serving or having served in a grade to which appointed under former sections 5231 or 5232 of this title. See section 601 of this title. Section 5234, acts Aug. 10, 1956, ch. 1041, 70A Stat. 295; Apr. 21, 1976, Pub. L. 94-273, Sec. 2(3), 90 Stat. 375, authorized President during time of war or national emergency to suspend any provision of former sections 5231 or 5232 of this title relating to distribution in grade. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96- 513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. -End- -CITE- 10 USC [CHAPTER 519 - REPEALED] 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION [CHAPTER 519 - REPEALED] -HEAD- [CHAPTER 519 - REPEALED] -End- -CITE- 10 USC Secs. 5251, 5252 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION [CHAPTER 519 - REPEALED] -HEAD- Secs. 5251, 5252. Repealed. -MISC1- [Secs. 5251, 5252. Repealed. Pub. L. 103-337, div. A, title XVI, Sec. 1661(a)(3)(A), Oct. 5, 1994, 108 Stat. 2980]. Section 5251, act Aug. 10, 1956, ch. 1041, 70A Stat. 295, related to administration of Naval Reserve by Chief of Naval Operations and Naval Reserve Policy Board. See sections 10108 and 10303 of this title. Section 5252, act Aug. 10, 1956, ch. 1041, 70A Stat. 296, related to administration of Marine Corps Reserve by Commandant of Marine Corps and Marine Corps Reserve Policy Board. See sections 10109 and 10304 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103-337, set out as an Effective Date note under section 10001 of this title. -End- -CITE- 10 USC PART II - PERSONNEL 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL -HEAD- PART II - PERSONNEL -MISC1- Chap. Sec. [531. Repealed.] 533. Distribution in Grade 5441 535. Grade and Rank of Officers 5501 537. Enlistments 5531 539. Original Appointments 5571 [541. Repealed.] [543. Repealed.] 544. Temporary Appointments 5721 [545. Repealed.] [547. Repealed.] [549. Repealed.] 551. Officers in Command 5941 553. Special Assignments and Details 5981 555. Administration 6011 557. Rations 6081 559. Miscellaneous Prohibitions and Penalties 6111 561. Miscellaneous Rights and Benefits 6141 563. Hospitalization and Medical Care 6201 565. Bands 6221 567. Decorations and Awards 6241 569. Discharge of Enlisted Members 6291 571. Voluntary Retirement 6321 573. Involuntary Retirement, Separation, and Furlough 6371 575. Recall to Active Duty 6481 577. Death Benefits; Care of the Dead 6521 AMENDMENTS 1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1673(a)(3), Oct. 5, 1994, 108 Stat. 3015, struck out items for chapters 531 "Strength of Naval Reserve and Marine Corps Reserve", 541 "Running Mates for Reserve Officers", and 549 "Reserve Promotions". 1980 - Pub. L. 96-513, title V, Sec. 503(16), Dec. 12, 1980, 94 Stat. 2912, inserted "of Naval Reserve and Marine Corps Reserve" after "Strength" in item for chapter 531, inserted "for Reserve Officers" after "Running Mates" in item for chapter 541, struck out item for chapter 543 "Selection Boards", added item for chapter 544, and struck out items for chapter 545 "Promotions" and for chapter 547 "Examinations for Promotion". 1958 - Pub. L. 85-861, Sec. 1(134), Sept. 2, 1958, 72 Stat. 1507, added item for chapter 549. SUSPENSION OF CERTAIN SECTIONS OF TITLE 10 AND AMENDMENTS TO OFFICER PERSONNEL ACT OF 1947 Act Aug. 10, 1956, ch. 1041, Sec. 48, 70A Stat. 639, as amended by Pub. L. 109-163, div. A, title V, Sec. 515(h), Jan. 6, 2006, 119 Stat. 3237, provided that: "Sec. 48. (a) Except as they may apply to women officers of the Regular Navy or the Regular Marine Corps appointed under section 5590 of title 10, United States Code, enacted by section 1 of this Act, the following sections of title 10 cease to operate whenever the number of male officers serving on active duty in the grade of ensign or above in the line of the Navy does not exceed the number of male officers holding permanent appointments in the grade of ensign or above on the active list in the line of the Regular Navy: Sections 5505, 5508, 5596, 5651-5663, 5701-5703, 5705-5711, 5751, 5753-5759, 5761, 5762, 5764-5770, 5785, 5786, 5791, 6371-6384, 6386, 6407. "(b) For the purposes of subsection (a), the following officers may not be considered officers serving on active duty: "(1) Retired officers. "(2) Officers of the Navy Reserve assigned to active duty for training. "(3) Officers of the Navy Reserve ordered to active duty in connection with organizing, administering, recruiting, instructing, or drilling the Navy Reserve or the Marine Corps Reserve. "(4) Officers of the Navy Reserve ordered to temporary active duty for the purpose of prosecuting special work. "(c) Title IV of the Officer Personnel Act of 1947 (61 Stat. 869), as amended, is amended by adding the following new section at the end thereof: "[Sec. 437. Repealed. Pub. L. 104-106, div. A, title XV, Sec. 1505(a), Feb. 10, 1996, 110 Stat. 514.]" -End- -CITE- 10 USC [CHAPTER 531 - REPEALED] 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL [CHAPTER 531 - REPEALED] -HEAD- [CHAPTER 531 - REPEALED] -End- -CITE- 10 USC Secs. 5401 to 5409 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL [CHAPTER 531 - REPEALED] -HEAD- Secs. 5401 to 5409. Repealed. -MISC1- [Secs. 5401 to 5409. Repealed. Pub. L. 96-513, title III, Sec. 311(a), Dec. 12, 1980, 94 Stat. 2889]. Section 5401, act Aug. 10, 1956, ch. 1041, 70A Stat. 297, prescribed authorized strength of Regular Navy in enlisted members. See section 521 et seq. of this title. Section 5402, act Aug. 10, 1956, ch. 1041, 70A Stat. 297, prescribed authorized strength of Regular Marine Corps. See section 521 et seq. of this title. Section 5403, act Aug. 10, 1956, ch. 1041, 70A Stat. 297, prescribed authorized strength of active list of the Navy in line officers. See section 521 et seq. of this title. Section 5404, acts Aug. 10, 1956, ch. 1041, 70A Stat. 297; Oct. 13, 1964, Pub. L. 88-647, title III, Sec. 301(12), 78 Stat. 1072; Dec. 8, 1967, Pub. L. 90-179, Sec. 3, 81 Stat. 547, prescribed authorized strength of active list of Navy in officers in Supply Corps and Civil Engineer Corps, directed Secretary of Navy to compute annually the authorized strength of active list of Navy in officers in Medical Corps, Dental Corps, Chaplain Corps, Medical Service Corps, and Nurse Corps, and to establish annually the authorized strength of active list of Navy in officers in Judge Advocate General's Corps. See section 521 et seq. of this title. Section 5405, act Aug. 10, 1956, ch. 1041, 70A Stat. 298, prescribed authorized strength of active list of Marine Corps. See section 521 et seq. of this title. Section 5406, acts Aug. 10, 1956, ch. 1041, 70A Stat. 298; July 5, 1968, Pub. L. 90-386, Sec. 1(1), 82 Stat. 293, limited actual number of officers on active list in line of Navy that could be designated for engineering duty. See section 521 et seq. of this title. Section 5407, acts Aug. 10, 1956, ch. 1041, 70A Stat. 298; July 5, 1968, Pub. L. 90-386, Sec. 1(2), 82 Stat. 293, limited actual number of officers on active list in line of Navy that could be designated for aeronautical engineering duty. See section 521 et seq. of this title. Section 5408, acts Aug. 10, 1956, ch. 1041, 70A Stat. 298; July 5, 1968, Pub. L. 90-386, Sec. 1(3), 82 Stat. 293, limited actual number of officers on the active list in line of Navy that could be designated for special duty. See section 521 et seq. of this title. Section 5409, acts Aug. 10, 1956, ch. 1041, 70A Stat. 298; Aug. 3, 1961, Pub. L. 87-123, Sec. 5(5), 75 Stat. 264, prescribed number of officers of actual number of officers on active lists in the line of Navy and of Marine Corps, that could be designated for limited duty. See section 521 et seq. of this title. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96- 513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. -End- -CITE- 10 USC Secs. 5410, 5411 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL [CHAPTER 531 - REPEALED] -HEAD- Secs. 5410, 5411. Repealed. -MISC1- [Secs. 5410, 5411. Repealed. Pub. L. 90-130, Sec. 1(16), Nov. 8, 1967, 81 Stat. 376]. Section 5410, act Aug. 10, 1956, ch. 1041, 70A Stat. 928, placed upper limits, stated in terms of percentages of the authorized strength of the Regular Navy and Regular Marine Corps in enlisted members, on the authorized strength of enlisted women in each. Section 5411, act Aug. 10, 1956, ch. 1041, 70A Stat. 299, placed upper limits, stated in terms of percentages of the authorized strength in enlisted women of the Regular Navy and Regular Marine Corps, on the authorized strength of the Regular Navy and Regular Marine Corps in women officers. -End- -CITE- 10 USC Sec. 5412 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL [CHAPTER 531 - REPEALED] -HEAD- Sec. 5412. Repealed. -MISC1- [Sec. 5412. Repealed. Pub. L. 96-513, title III, Sec. 311(a), Dec. 12, 1980, 94 Stat. 2889]. Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 299, prescribed authorized strength of Regular Navy in enlisted members in Hospital Corps. See section 521 et seq. of this title. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96- 513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. -End- -CITE- 10 USC Secs. 5413, 5414 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL [CHAPTER 531 - REPEALED] -HEAD- Secs. 5413, 5414. Repealed. -MISC1- [Secs. 5413, 5414. Repealed. Pub. L. 103-337, div. A, title XVI, Sec. 1662(a)(3), Oct. 5, 1994, 108 Stat. 2988]. Section 5413, act Aug. 10, 1956, ch. 1041, 70A Stat. 299, related to authorized strengths of Naval Reserve and Marine Corps Reserve. See section 12001(a) of this title. Section 5414, added Pub. L. 85-861, Sec. 1(110)(A), Sept. 2, 1958, 72 Stat. 1490; amended Pub. L. 86-559, Sec. 1(33), (34), June 30, 1960, 74 Stat. 273; Pub. L. 96-513, title V, Sec. 513(8)(B), Dec. 12, 1980, 94 Stat. 2931; Pub. L. 102-190, div. A, title XI, Sec. 1131(8)(A), Dec. 5, 1991, 105 Stat. 1506, related to authorized strength of Naval Reserve and Marine Corps Reserve in officers in active status in grades above chief warrant officer, W- 5. See section 12003 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103-337, set out as an Effective Date note under section 10001 of this title. -End- -CITE- 10 USC Secs. 5415 to 5417 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL [CHAPTER 531 - REPEALED] -HEAD- Secs. 5415 to 5417. Repealed. -MISC1- [Secs. 5415 to 5417. Repealed. Pub. L. 96-513, title III, Secs. 311(a), 312, Dec. 12, 1980, 94 Stat. 2889]. Section 5415, added Pub. L. 85-861, Sec. 1(110)(A), Sept. 2, 1958, 72 Stat. 1490, excluded enlisted members of the Navy or Marine Corps serving as midshipmen or cadets in any of the military academies from computations of authorized strengths. See section 521 et seq. of this title. Section 5416, added Pub. L. 85-861, Sec. 1(110)(A), Sept. 2, 1958, 72 Stat. 1490, excluded members of the Navy or the Marine Corps, or of the Coast Guard when it is operating as a service in the Navy, detailed for duty with United States agencies outside the Department of Defense on a reimbursable basis, from computations of authorized strengths or numbers in grade. See section 521 et seq. of this title. Section 5417, added Pub. L. 85-861, Sec. 1(110)(A), Sept. 2, 1958, 72 Stat. 1490, directed Secretary of Defense, with approval of President, to estimate annually, for each of five years following such estimate, the strengths of the Navy and the Marine Corps in officers on active lists exclusive of officers specifically authorized as additional numbers. See section 521 et seq. of this title. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96- 513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. -End-