Page 1933 TITLE 10—ARMED FORCES § 5062 §5047. Legislative
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Page 1933 TITLE 10—ARMED FORCES § 5062 TRANSITION PROVISION FOR RETIREMENT OF STAFF and functions of the Secretary of Transportation relat- JUDGE ADVOCATES ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections Section 509(d) of Pub. L. 99–661 provided that: ‘‘Not- 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- withstanding section 1370(a)(2) of title 10, United States rity, and the Department of Homeland Security Reor- Code, an officer serving in the position of Staff Judge ganization Plan of November 25, 2002, as modified, set Advocate to the Commandant of the Marine Corps, or out as a note under section 542 of Title 6. an equivalent position, on the day before the date of the enactment of this Act [Nov. 14, 1986], if retired after § 5062. United States Navy: composition; func- having served in such position (or equivalent position) tions at least three years, including any service in such posi- tion (or its equivalent) before such date, shall be re- (a) The Navy, within the Department of the tired in the highest grade in which the officer served on Navy, includes, in general, naval combat and active duty satisfactorily, as determined by the Sec- service forces and such aviation as may be or- retary of the Navy.’’ ganic therein. The Navy shall be organized, § 5047. Legislative Assistant to the Commandant trained, and equipped primarily for prompt and sustained combat incident to operations at sea. There is in the Marine Corps a Legislative As- It is responsible for the preparation of naval sistant to the Commandant. An officer assigned forces necessary for the effective prosecution of to that position shall be in a grade above colo- war except as otherwise assigned and, in accord- nel. ance with integrated joint mobilization plans, (Added Pub. L. 107–314, div. A, title V, for the expansion of the peacetime components § 504(d)(3)(A), Dec. 2, 2002, 116 Stat. 2532.) of the Navy to meet the needs of war. (b) The naval combat forces of the Navy shall CHAPTER 507—COMPOSITION OF THE include not less than 11 operational aircraft car- DEPARTMENT OF THE NAVY riers. For purposes of this subsection, an oper- Sec. ational aircraft carrier includes an aircraft car- 5061. Department of the Navy: composition. rier that is temporarily unavailable for world- 5062. United States Navy: composition; functions. wide deployment due to routine or scheduled 5063. United States Marine Corps: composition; maintenance or repair. functions. (c) All naval aviation shall be integrated with AMENDMENTS the naval service as part thereof within the De- partment of the Navy. Naval aviation consists of 1986—Pub. L. 99–433, title V, § 511(b)(1), Oct. 1, 1986, 100 combat and service and training forces, and in- Stat. 1042, inserted heading for new chapter 507 relating cludes land-based naval aviation, air transport to composition of the Department of the Navy, and items 5061 to 5063. The heading for former chapter 507, essential for naval operations, all air weapons relating to Office of the Comptroller of the Navy, and and air techniques involved in the operations former items 5061 to 5064 were struck out as part of the and activities of the Navy, and the entire re- repeal of former chapter 507 by Pub. L. 99–433, title V, mainder of the aeronautical organization of the § 511(a), Oct. 1, 1986, 100 Stat. 1042. Navy, together with the personnel necessary therefor. § 5061. Department of the Navy: composition (d) The Navy shall develop aircraft, weapons, The Department of the Navy is composed of tactics, technique, organization, and equipment the following: of naval combat and service elements. Matters (1) The Office of the Secretary of the Navy. of joint concern as to these functions shall be (2) The Office of the Chief of Naval Oper- coordinated between the Army, the Air Force, ations. and the Navy. (3) The Headquarters, Marine Corps. (Aug. 10, 1956, ch. 1041, 70A Stat. 277, § 5012; re- (4) The entire operating forces, including numbered § 5062 and amended Pub. L. 99–433, title naval aviation, of the Navy and of the Marine V, § 511(b)(3), (4), Oct. 1, 1986, 100 Stat. 1043; Pub. Corps, and the reserve components of those op- L. 109–163, div. A, title I, § 126(a), Jan. 6, 2006, 119 erating forces. Stat. 3159; Pub. L. 109–364, div. A, title X, (5) All field activities, headquarters, forces, § 1011(a), Oct. 17, 2006, 120 Stat. 2374.) bases, installations, activities, and functions under the control or supervision of the Sec- HISTORICAL AND REVISION NOTES retary of the Navy. Revised (6) The Coast Guard when it is operating as section Source (U.S. Code) Source (Statutes at Large) a service in the Navy. 5012 ......... 5 U.S.C. 411a(b). July 26, 1947, ch. 343, (Added Pub. L. 99–433, title V, § 511(b)(1), Oct. 1, § 206(b), 61 Stat. 501. 1986, 100 Stat. 1043.) PRIOR PROVISIONS PRIOR PROVISIONS A prior section 5062, act Aug. 10, 1956, ch. 1041, 70A Provisions similar to those in this section were con- Stat. 281, prescribed the pay and allowances of the Dep- tained in section 5011 of this title prior to enactment of uty Comptroller, prior to repeal by Pub. L. 87–649, Pub. L. 99–433. § 14c(11), Sept. 7, 1962, 76 Stat. 501, eff. Nov. 1, 1962. A prior section 5061, act Aug. 10, 1956, ch. 1041, 70A Stat. 280, related to appointment and functions of AMENDMENTS Comptroller of the Navy, prior to repeal by Pub. L. 2006—Subsec. (b). Pub. L. 109–364 substituted ‘‘11’’ for 99–433, § 511(a). ‘‘12’’. Pub. L. 109–163, § 126(a)(2), added subsec. (b). Former TRANSFER OF FUNCTIONS subsec. (b) redesignated (c). For transfer of authorities, functions, personnel, and Subsecs. (c), (d). Pub. L. 109–163, § 126(a)(1), redesig- assets of the Coast Guard, including the authorities nated subsecs. (b) and (c) as (c) and (d), respectively. § 5063 TITLE 10—ARMED FORCES Page 1934 1986—Pub. L. 99–433, § 511(b)(3), renumbered section [CHAPTER 509—REPEALED] 5012 of this title as this section. Subsec. (a). Pub. L. 99–433, § 511(b)(4)(A), substituted [§§ 5081 to 5087. Repealed. Pub. L. 99–433, title V, ‘‘assigned and, in accordance with integrated joint mo- § 512(a), Oct. 1, 1986, 100 Stat. 1048] bilization plans, for the expansion of the peacetime components of the Navy to meet the needs of war’’ for Section 5081, acts Aug. 10, 1956, ch. 1041, 70A Stat. 281; ‘‘assigned and is generally responsible for naval recon- Aug. 6, 1958, Pub. L. 85–599, § 4(b), 72 Stat. 516; Sept. 7, naissance, antisubmarine warfare, and protection of 1962, Pub. L. 87–651, title I, §§ 114, 120, 76 Stat. 513; June shipping’’. 5, 1967, Pub. L. 90–22, title IV, § 402, 81 Stat. 53; Dec. 12, Subsec. (d). Pub. L. 99–433, § 511(b)(4)(B), struck out 1980, Pub. L. 96–513, title V, § 503(3), 94 Stat. 2911, related subsec. (d) which related to responsibility for expansion to appointment, term of office, rank, and functions of of peacetime naval components to meet the needs of Chief of Naval Operations. See section 5033 of this title. war. Section 5082, acts Aug. 10, 1956, ch. 1041, 70A Stat. 282; Sept. 7, 1962, Pub. L. 87–651, title I, § 121, 76 Stat. 513; Nov. 2, 1966, Pub. L. 89–718, § 33, 80 Stat. 1119, related to § 5063. United States Marine Corps: composition; coordinating duties of Chief of Naval Operations. See functions section 5032 of this title. Section 5083, acts Aug. 10, 1956, ch. 1041, 70A Stat. 282; (a) The Marine Corps, within the Department May 20, 1958, Pub. L. 85–422, § 6(2), 72 Stat. 129; July 1, of the Navy, shall be so organized as to include 1986, Pub. L. 99–348, title I, § 104(c)(1), 100 Stat. 691, re- not less than three combat divisions and three lated to retirement of Chief of Naval Operations. air wings, and such other land combat, aviation, Section 5084, act Aug. 10, 1956, ch. 1041, 70A Stat. 282, related to quarters for Chief of Naval Operations. and other services as may be organic therein. Section 5085, acts Aug. 10, 1956, ch. 1041, 70A Stat. 283; The Marine Corps shall be organized, trained, Aug. 6, 1958, Pub. L. 85–599, § 6(b), 72 Stat. 519; Dec. 12, and equipped to provide fleet marine forces of 1980, Pub. L. 96–513, title V, § 503(4), 94 Stat. 2911, related combined arms, together with supporting air to appointment, powers, and duties of Vice Chief of components, for service with the fleet in the sei- Naval Operations. See section 5035 of this title. zure or defense of advanced naval bases and for Section 5086, acts Aug. 10, 1956, ch. 1041, 70A Stat. 283; the conduct of such land operations as may be Dec. 12, 1980, Pub. L. 96–513, title V, § 503(5), 94 Stat. essential to the prosecution of a naval cam- 2911, related to detail and duties of Deputy Chiefs of Naval Operations. See section 5036 of this title. paign. In addition, the Marine Corps shall pro- Section 5087, acts Aug. 10, 1956, ch. 1041, 70A Stat. 283; vide detachments and organizations for service Dec. 12, 1980, Pub. L. 96–513, title V, § 503(6), 94 Stat. on armed vessels of the Navy, shall provide secu- 2911, related to detail and duties of Assistant Chiefs of rity detachments for the protection of naval Naval Operations. See section 5037 of this title.