10 U.S.C. § 8075

Bureau Chiefs: succession to duties

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(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.(Aug. 10, 1956, ch. 1041, 70A Stat. 286, § 5135; renumbered § 8075, Pub. L. 115–232, div. A, title VIII, § 807(a)(2), Aug. 13, 2018, 132 Stat. 1834.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
5135(a)	5 U.S.C. 445 (less 1st 43 words).	Aug. 29, 1916, ch. 417, 39 Stat. 558 (3d par., 45th through 95th words).
	5 U.S.C. 446 (last 49 words).	Mar. 3, 1893, ch. 212, 27 Stat. 717 (1st par., last 53 words); May 13, 1942, ch. 303, § 1, 56 Stat. 276.
	5 U.S.C. 447 (25th through 74th words).	May 4, 1898, ch. 234, § 1, 30 Stat. 373 (12th par., 41st through 92d words).
	5 U.S.C. 448a.	June 20, 1940, ch. 400, § 1(f), 54 Stat. 493.
	5 U.S.C. 449 (last 51 words).	July 26, 1894, ch. 165, § 1, 28 Stat. 132 (3d par., last 56 words); July 11, 1919, ch. 9, 41 Stat. 147 (1st proviso).
	5 U.S.C. 452 (less 1st 35 words).	July 12, 1921, ch. 44, § 8 (3d par., less 1st 35 words), 42 Stat. 140.
5135(b)	5 U.S.C. 432a (less applicability to JAG).	Feb. 3, 1942, ch. 35, § 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1940, ch. 400, § 1(f), 54 Stat. 493, relating to the succession by heads of major divisions of the Bureau of Ships is superseded by the Act of Feb. 3, 1942, ch. 35, § 1 (5 U.S.C. 432a).

Editorial NotesPrior Provisions

A prior section 8075 was renumbered section 9075 of this title.

A prior section 8076, act Aug. 10, 1956, ch. 1041, 70A Stat. 496, related to composition of Air Force Reserve, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§ 1661(a)(3)(A), 1691, Oct. 5, 1994, 108 Stat. 2980, 3026, effective Dec. 1, 1994. See section 10110 of this title.

Amendments

2018—Pub. L. 115–232 renumbered section 5135 of this title as this section.

Statutory Notes and Related SubsidiariesEffective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Notes of Decisions

Cited in 6 cases, 1981–2019 · leading case: Joseph M. Collins v. United States, 642 F.2d 217 (7th Cir. 1981).

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Joseph M. Collins v. United States, 642 F.2d 217 (7th Cir. 1981). “10 U.S.C. § 8075 (b)(2). There is no dispute that plaintiff’s injury was incident to his service as a cadet at the Academy.”

Pearson v. Bloss, 28 M.J. 376 (1989). “2 Turning first to the statutory question, we note that it is uncontroverted that appellant was a member of a regular component of the United States Air Force ( 10 USC § 8075 (b)) 3 ; he retired as a master sergeant ( 10 USC § 8914 ), and he now receives retired pay ( 10 USC §§…”

Dingley v. Dingley, 433 A.2d 1281 (N.H. 1981). “First, 10 U.S.C.A. § 8075 (b)(2) specifically defines the “Regular Air Force” as including “the professors, registrar, and cadets at the United States Air Force Academy.”

Mentavlos v. Anderson, 85 F. Supp. 2d 609 (D.S.C. 2000). “2d at 220-21 ; 10 U.S.C. § 8075 (b)(2) (Air Force Academy cadets included as members of the Air Force); 10 U.”

United States v. Ballard (A.F.C.C.A. 2019). · cites it 2× “If we found ambiguity in the plain language of Article 2(a)(4)—which we do not— we would look to 10 U.S.C. § 8075 , the statute which explains the composition of the Regular Air Force.”

Adams v. United States, 230 Ct. Cl. 1016 (Ct. Cl. 1982). “See 10 U.S.C. §8075 (the Regular Air Force includes "the retired *1019 officers * * * of the Regular Air Force”).”

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