10-U.S.C.-5141
§5141 – Bureau of Naval Personnel: Chief of Naval Personnel; Deputy Chief of Naval Personnel
Pathway
Title 10 > Subtitle C > Part I > Chapter 513 > Section 5141
Details
- Reference: Section 5141
- Legend: §5141 – Bureau of Naval Personnel: Chief of Naval Personnel; Deputy Chief of Naval Personnel
- USCode Year: 2013
Provision Content
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 287; Pub. L. 96–513, title V, §503(11), Dec. 12, 1980, 94 Stat. 2912.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5141(a) | 5 U.S.C. 432. | R.S. 421. |
| 5 U.S.C. 434 (less applicability to Chief of BuOrd). | R.S. 422 (less applicability to Chief of BuOrd, Bureau of Equipment and Recruiting, and BuDocks); May 13, 1942, ch. 303, §1, 56 Stat. 276. | |
| 5141(b) | 5 U.S.C. 446 (less last 49 words). | Mar. 3, 1893, ch. 212 (1st par., less last 53 words), 27 Stat. 717; May 13, 1942, ch. 303, §1, 56 Stat. 276. |
In subsection (a) the words from officers on the 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, §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 §5137(b) of this title. The words Deputy Chief are substituted for the words assistant to the Chief for the reason stated in the revision note on §5134 of this title.
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.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-5045 in the Legal Encyclopedia: Navy
In this entry about 10-U.S.C.-5045, find legal reference material, bibliographies and premiere content related to navy in the American Encyclopedia of Law, presenting a comprehensive view of the United States navy-specific issues, written by authorities in the field.
10-U.S.C.-5141 in the Legal Encyclopedia: Navy Organization
In this entry about 10-U.S.C.-5141, find legal reference material, bibliographies and premiere content related to navy organization in the American Encyclopedia of Law, presenting a comprehensive view of the United States navy organization-specific issues, written by authorities in the field.
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