
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC8034]

 
                         TITLE 10--ARMED FORCES
 
                          Subtitle D--Air Force
 
                          PART I--ORGANIZATION
 
                       CHAPTER 805--THE AIR STAFF
 
Sec. 8034. Vice Chief of Staff

    (a) There is a Vice Chief of Staff of the Air Force, appointed by 
the President, by and with the advice and consent of the Senate, from 
the general officers of the Air Force.
    (b) The Vice Chief of Staff of the Air Force, while so serving, has 
the grade of general without vacating his permanent grade.
    (c) The Vice Chief of Staff has such authority and duties with 
respect to the Department of the Air Force as the Chief of Staff, with 
the approval of the Secretary of the Air Force, may delegate to or 
prescribe for him. Orders issued by the Vice Chief of Staff in 
performing such duties have the same effect as those issued by the Chief 
of Staff.
    (d) When there is a vacancy in the office of Chief of Staff or 
during the absence or disability of the Chief of Staff--
        (1) the Vice Chief of Staff shall perform the duties of the 
    Chief of Staff until a successor is appointed or the absence or 
    disability ceases; or
        (2) if there is a vacancy in the office of the Vice Chief of 
    Staff or the Vice Chief of Staff is absent or disabled, unless the 
    President directs otherwise, the most senior officer of the Air 
    Force in the Air Staff who is not absent or disabled and who is not 
    restricted in performance of duty shall perform the duties of the 
    Chief of Staff until a successor to the Chief of Staff or the Vice 
    Chief of Staff is appointed or until the absence or disability of 
    the Chief of Staff or Vice Chief of Staff ceases, whichever occurs 
    first.

(Aug. 10, 1956, ch. 1041, 70A Stat. 492, Sec. 8035; Pub. L. 85-599, 
Sec. 6(d), Aug. 6, 1958, 72 Stat. 519; renumbered Sec. 8034 and amended 
Pub. L. 99-433, title V, Sec. 522(d), Oct. 1, 1986, 100 Stat. 1062.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
8035(a)...............................  10:1813(a) (1st sentence).           Se
pt. 19, 1951, ch. 407, Sec.  203,
                                                                              6
5 Stat. 328.
8035(b)...............................  10:1813(a) (less 1st sentence).
8035(c)...............................  10:1813(b).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``of the Air Force'' are omitted as 
surplusage.
    In subsection (b), the words ``if the Chief of Staff is absent or 
disabled or if that office is vacant'' are substituted for 10:1813(a) 
(1st 18 words of last sentence). The words ``the officer who is highest 
on the following list and'' are inserted for clarity. The words ``until 
his successor is appointed'' are omitted as surplusage.
    In subsection (c), the words ``If the Vice Chief of Staff is absent 
or disabled or if that office is vacant'' are substituted for 10:1813(b) 
(1st 19 words).


                            Prior Provisions

    A prior section 8034 was renumbered section 8033 of this title.


                               Amendments

    1986--Pub. L. 99-433, Sec. 522(d), renumbered section 8035 of this 
title as this section.
    Pub. L. 99-433, Sec. 522(d)(5), substituted ``Vice Chief of Staff'' 
for ``Vice Chief of Staff; Deputy Chiefs of Staff: succession to duties 
of Chief of Staff and Vice Chief of Staff'' in section catchline.
    Subsecs. (a), (b). Pub. L. 99-433, Sec. 522(d)(1), substituted 
subsecs. (a) and (b) for former subsecs. (a) and (b) which read as 
follows:
    ``(a) The Vice Chief of Staff and the Deputy Chiefs of Staff shall 
be general officers detailed to those positions.
    ``(b) If the Chief of Staff is absent or disabled or if that office 
is vacant, the officer who is highest on the following list and who is 
not absent or disabled shall, unless otherwise directed by the 
President, perform the duties of the Chief of Staff until a successor is 
appointed or the absence or disability ceases:
        ``(1) The Vice Chief of Staff.
        ``(2) The Deputy Chiefs of Staff in order of seniority.''
    Subsec. (c). Pub. L. 99-433, Sec. 522(d)(2), (3), redesignated 
subsec. (d) as (c) and struck out former subsec. (c) which read as 
follows: ``If the Vice Chief of Staff is absent or disabled or if that 
office is vacant, the senior Deputy Chief of Staff who is not absent or 
disabled shall, unless otherwise directed by the Secretary of the Air 
Force, perform the duties of the Vice Chief of Staff until a successor 
is designated or the absence or disability ceases.''
    Subsec. (d). Pub. L. 99-433, Sec. 522(d)(3), (4), added subsec. (d). 
Former subsec. (d) was redesignated (c).
    1958--Subsec. (d). Pub. L. 85-599 added subsec. (d).
