§ 5045 TITLE 10—ARMED FORCES Page 1874

(1) the Assistant of the Marine independent legal advice to the Commandant Corps shall perform the duties of the Com- of the Marine Corps; or mandant until a successor is appointed or the (2) the ability of judge advocates of the Ma- absence or disability ceases; or rine Corps assigned or attached to, or perform- (2) if there is a vacancy in the office of the ing duty with, military units to give independ- Assistant Commandant of the Marine Corps or ent legal advice to . the Assistant Commandant is absent or dis- abled, unless the President directs otherwise, (Added Pub. L. 99–661, div. A, title V, § 509(a)(1), the most senior officer of the Marine Corps in Nov. 14, 1986, 100 Stat. 3868; amended Pub. L. the Headquarters, Marine Corps, who is not 103–337, div. A, title V, § 504(b)(4), Oct. 5, 1994, 108 absent or disabled and who is not restricted in Stat. 2751; Pub. L. 108–375, div. A, title V, performance of duty shall perform the duties § 574(b)(2), Oct. 28, 2004, 118 Stat. 1922; Pub. L. of the Commandant until a successor to the 110–417, [div. A], title V, § 504(a), Oct. 14, 2008, 122 Commandant or the Assistant Commandant is Stat. 4434.) appointed or until the absence or disability of AMENDMENTS the Commandant or Assistant Commandant 2008—Subsec. (a). Pub. L. 110–417 substituted ‘‘The ceases, whichever occurs first. Staff Judge Advocate to the Commandant of the Ma- (Added Pub. L. 99–433, title V, § 513(b), Oct. 1, rine Corps, while so serving, has the grade of 1986, 100 Stat. 1054.) general.’’ for ‘‘If an officer appointed as the Staff Judge Advocate to the Commandant of the Marine Corps PRIOR PROVISIONS holds a lower regular grade, the officer shall be ap- Provisions similar to those in this section were con- pointed in the regular grade of general.’’ tained in section 5202 of this title prior to enactment of 2004—Subsec. (c). Pub. L. 108–375 added subsec. (c). Pub. L. 99–433. 1994—Subsec. (a). Pub. L. 103–337, § 504(b)(4)(A), added second sentence and struck out former second sentence § 5045. Deputy which read as follows: ‘‘While so serving, a judge advo- cate who holds a grade lower than brigadier general There are in the Headquarters, Marine Corps, shall hold the grade of brigadier general if appointed to not more than six Deputy Commandants, de- that grade by the President, by and with the advice and tailed by the Secretary of the Navy from officers consent of the Senate.’’ on the active-duty list of the Marine Corps. Subsec. (b). Pub. L. 103–337, § 504(b)(4)(B), added sub- sec. (b) and struck out former subsec. (b) which read as (Added Pub. L. 99–433, title V, § 513(b), Oct. 1, follows: ‘‘An officer retiring from the position of Staff 1986, 100 Stat. 1054; amended Pub. L. 106–398, § 1 Judge Advocate to the Commandant of the Marine [[div. A], title IX, § 902(b)(1)], Oct. 30, 2000, 114 Corps, after serving at least three years in that posi- Stat. 1654, 1654A–224; Pub. L. 107–314, div. A, title tion, shall be retired in the highest grade in which that IX, § 934, Dec. 2, 2002, 116 Stat. 2626.) officer served on active duty satisfactorily, as deter- mined by the Secretary of the Navy.’’ AMENDMENTS 2002—Pub. L. 107–314 substituted ‘‘six’’ for ‘‘five’’. EFFECTIVE DATE 2000—Pub. L. 106–398 amended section catchline and Section 509(b) of Pub. L. 99–661 provided that: ‘‘Sec- text generally. Prior to amendment, text read as fol- tion 5046 of title 10, United States Code, as added by lows: ‘‘There are in the Headquarters, Marine Corps, a subsection (a), shall apply only with respect to appoint- Chief of Staff, not more than five Deputy Chiefs of ments as Staff Judge Advocate to the Commandant of Staff, and not more than three Assistant Chiefs of the Marine Corps made on or after the date of the en- Staff, detailed by the Secretary of the Navy from offi- actment of this Act [Nov. 14, 1986].’’ cers on the active-duty list of the Marine Corps.’’ TRANSITION PROVISION FOR RETIREMENT OF STAFF § 5046. Staff Judge Advocate to the Commandant JUDGE ADVOCATES of the Marine Corps Section 509(d) of Pub. L. 99–661 provided that: ‘‘Not- (a) An officer of the Marine Corps who is a withstanding section 1370(a)(2) of title 10, United States judge advocate and a member of the bar of a Code, an officer serving in the position of Staff Judge Federal court or the highest court of a State or Advocate to the Commandant of the Marine Corps, or territory and who has had at least eight years of an equivalent position, on the day before the date of the enactment of this Act [Nov. 14, 1986], if retired after experience in legal duties as a commissioned of- having served in such position (or equivalent position) ficer may be detailed as Staff Judge Advocate to at least three years, including any service in such posi- the Commandant of the Marine Corps. The Staff tion (or its equivalent) before such date, shall be re- Judge Advocate to the Commandant of the Ma- tired in the highest grade in which the officer served on rine Corps, while so serving, has the grade of active duty satisfactorily, as determined by the Sec- major general. retary of the Navy.’’ (b) Under regulations prescribed by the Sec- retary of Defense, the Secretary of the Navy, in § 5047. Legislative Assistant to the Commandant selecting an officer for recommendation to the There is in the Marine Corps a Legislative As- President for appointment as the Staff Judge sistant to the Commandant. An officer assigned Advocate to the Commandant of the Marine to that position shall be in a grade above colo- Corps, shall ensure that the officer selected is nel. recommended by a board of officers that, insofar as practicable, is subject to the procedures ap- (Added Pub. L. 107–314, div. A, title V, plicable to selection boards convened under § 504(d)(3)(A), Dec. 2, 2002, 116 Stat. 2532.) chapter 36 of this title. CHAPTER 507—COMPOSITION OF THE (c) No officer or employee of the Department DEPARTMENT OF THE NAVY of Defense may interfere with— (1) the ability of the Staff Judge Advocate to Sec. the Commandant of the Marine Corps to give 5061. Department of the Navy: composition. Page 1875 TITLE 10—ARMED FORCES § 5063

Sec. 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- 1986—Pub. L. 99–433, title V, § 511(b)(1), Oct. 1, 1986, 100 partment of the Navy. Naval aviation consists of Stat. 1042, inserted heading for new chapter 507 relating combat and service and training forces, and in- to composition of the Department of the Navy, and cludes land-based naval aviation, air transport 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 § 5061. Department of the Navy: composition therefor. (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. and functions of the Secretary of Transportation relat- 1986—Pub. L. 99–433, § 511(b)(3), renumbered section ing thereto, to the Department of Homeland Security, 5012 of this title as this section. and for treatment of related references, see sections Subsec. (a). Pub. L. 99–433, § 511(b)(4)(A), substituted 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- ‘‘assigned and, in accordance with integrated joint mo- rity, and the Department of Homeland Security Reor- bilization plans, for the expansion of the peacetime ganization Plan of November 25, 2002, as modified, set components of the Navy to meet the needs of war’’ for out as a note under section 542 of Title 6. ‘‘assigned and is generally responsible for naval recon- naissance, antisubmarine warfare, and protection of § 5062. United States Navy: composition; func- shipping’’. tions Subsec. (d). Pub. L. 99–433, § 511(b)(4)(B), struck out subsec. (d) which related to responsibility for expansion (a) The Navy, within the Department of the of peacetime naval components to meet the needs of Navy, includes, in general, naval combat and war. service forces and such aviation as may be or- § 5063. United States Marine Corps: composition; ganic therein. The Navy shall be organized, functions trained, and equipped primarily for prompt and sustained combat incident to operations at sea. (a) The Marine Corps, within the Department It is responsible for the preparation of naval of the Navy, shall be so organized as to include forces necessary for the effective prosecution of not less than three combat divisions and three war except as otherwise assigned and, in accord- air wings, and such other land combat, aviation, ance with integrated joint mobilization plans, and other services as may be organic therein. for the expansion of the peacetime components The Marine Corps shall be organized, trained, of the Navy to meet the needs of war. and equipped to provide fleet marine forces of (b) The naval combat forces of the Navy shall combined arms, together with supporting air include not less than 11 operational aircraft car- components, for service with the fleet in the sei- riers. For purposes of this subsection, an oper- zure or defense of advanced naval bases and for ational aircraft carrier includes an aircraft car- the conduct of such land operations as may be [§§ 5081 to 5087 TITLE 10—ARMED FORCES Page 1876 essential to the prosecution of a naval cam- Section 5087, acts Aug. 10, 1956, ch. 1041, 70A Stat. 283; paign. In addition, the Marine Corps shall pro- Dec. 12, 1980, Pub. L. 96–513, title V, § 503(6), 94 Stat. vide detachments and organizations for service 2911, related to detail and duties of Assistant Chiefs of on armed vessels of the Navy, shall provide secu- Naval Operations. See section 5037 of this title. rity detachments for the protection of naval [§ 5088. Renumbered § 5020] property at naval stations and bases, and shall perform such other duties as the President may [CHAPTER 511—REPEALED] direct. However, these additional duties may not [§§ 5111, 5112. Repealed. Pub. L. 89–718, § 34(a), detract from or interfere with the operations for Nov. 2, 1966, 80 Stat. 1119] which the Marine Corps is primarily organized. (b) The Marine Corps shall develop, in coordi- Section 5111, acts Aug. 10, 1956, ch. 1041, 70A Stat. 284; nation with the Army and the Air Force, those Sept. 7, 1962, Pub. L. 87–649, § 14(c)(14), 76 Stat. 501, cre- phases of amphibious operations that pertain to ated an Office of Naval Material, established position of the tactics, technique, and equipment used by Chief of Naval Material, and set out powers and duties landing forces. of Chief of Naval Materials. (c) The Marine Corps is responsible, in accord- Section 5112, act Aug. 10, 1956, ch. 1041, 70A Stat. 284, provided for detailing of an officer as Vice Chief of ance with integrated joint mobilization plans, Naval Material to serve in event of absence or disabil- for the expansion of peacetime components of ity of Chief of Naval Material. the Marine Corps to meet the needs of war. DEPARTMENT OF DEFENSE REORGANIZATION (Aug. 10, 1956, ch. 1041, 70A Stat. 278, § 5013; re- ORDER numbered § 5063, Pub. L. 99–433, title V, Eff. May 1, 1966, 31 F.R. 7188 § 511(b)(3), Oct. 1, 1986, 100 Stat. 1043.) REORGANIZATION OF THE DEPARTMENT OF THE NAVY HISTORICAL AND REVISION NOTES By virtue of the authority vested in me by section 125 Revised of title 10 of the United States Code, and as Secretary section Source (U.S. Code) Source (Statutes at Large) of Defense, it is hereby ordered as follows: SECTION 1. Abolition of Office of Naval Material and 5013 ...... 5 U.S.C. 411a(c) (less last July 26, 1947, ch. 343, 32 words of 1st sen- § 206(c) (less last 32 Transfer of Functions.—The Office of Naval Material and tence). words of 1st sentence), the offices of Chief of Naval Material and Vice Chief of 61 Stat. 502; as amend- Naval Material named in sections 5111 and 5112, title 10, ed June 28, 1952, ch. 479, § 1, 66 Stat. 282. United States Code, are hereby abolished and their functions, including those functions described in sec- PRIOR PROVISIONS tions 5111 and 5082(a)(2), title 10, United States Code, are transferred to the Secretary of the Navy. A prior section 5063, act Aug. 10, 1956, ch. 1041, 70A SEC. 2. Abolition of Certain Bureaus and Transfer of Stat. 281, related to establishment and duties of Office Functions.—The following bureaus, named in chapter of Budget and Reports, prior to repeal by Pub. L. 99–433, 513 of title 10, United States Code, and the offices of the § 511(a). chiefs, deputy chiefs, and other officials of such bu- A prior section 5064, acts Aug. 10, 1956, ch. 1041, 70A reaus are hereby abolished and all their functions are Stat. 281; Sept. 7, 1962, Pub. L. 87–649, § 14(c)(12), (13), 76 transferred to the Secretary of the Navy: Stat. 501; Dec. 12, 1980, Pub. L. 96–513, title III, § 341, (a) Bureau of Naval Weapons; title V, § 503(3), 94 Stat. 2901, 2911, related to Director (b) Bureau of Ships; and Assistant of Office of Budget and Reports, prior to (c) Bureau of Supplies and Accounts; and repeal by Pub. L. 99–433, § 511(a). (d) Bureau of Yards and Docks. EC Performance of Transferred Functions.— [CHAPTER 509—REPEALED] S . 3. Subject to the provisions of sections 5012 and 5013, title 10, [§§ 5081 to 5087. Repealed. Pub. L. 99–433, title V, United States Code, the Secretary of the Navy may § 512(a), Oct. 1, 1986, 100 Stat. 1048] from time to time make such provisions as he shall deem appropriate authorizing the performance by any Section 5081, acts Aug. 10, 1956, ch. 1041, 70A Stat. 281; other officer, or by any office, agency, or employee, of Aug. 6, 1958, Pub. L. 85–599, § 4(b), 72 Stat. 516; Sept. 7, the Department of the Navy of any function transferred 1962, Pub. L. 87–651, title I, §§ 114, 120, 76 Stat. 513; June to the Secretary by the provisions of this order, or as- 5, 1967, Pub. L. 90–22, title IV, § 402, 81 Stat. 53; Dec. 12, signing any such function to any other officer, or to 1980, Pub. L. 96–513, title V, § 503(3), 94 Stat. 2911, related any office, agency, or employee, of the Department of to appointment, term of office, rank, and functions of the Navy. Chief of Naval Operations. See section 5033 of this title. SEC. 4. Transitional Provisions.—In order to assist in Section 5082, acts Aug. 10, 1956, ch. 1041, 70A Stat. 282; the orderly transfer of functions and to promote con- Sept. 7, 1962, Pub. L. 87–651, title I, § 121, 76 Stat. 513; tinuity of operations, the Secretary of the Navy may, Nov. 2, 1966, Pub. L. 89–718, § 33, 80 Stat. 1119, related to if he considers it necessary, delay beyond the effective coordinating duties of Chief of Naval Operations. See date of this order the abolition of any office or the section 5032 of this title. transfer of any function. Section 5083, acts Aug. 10, 1956, ch. 1041, 70A Stat. 282; SEC. 5. Effective Date.—The provisions of this order May 20, 1958, Pub. L. 85–422, § 6(2), 72 Stat. 129; July 1, shall take effect on the date determined under section 1986, Pub. L. 99–348, title I, § 104(c)(1), 100 Stat. 691, re- 125, title 10, United States Code, or the first day of May lated to retirement of Chief of Naval Operations. 1966, whichever is later. Section 5084, act Aug. 10, 1956, ch. 1041, 70A Stat. 282, ROBERT S. MCNAMARA. related to quarters for Chief of Naval Operations. Section 5085, acts Aug. 10, 1956, ch. 1041, 70A Stat. 283; CHAPTER 513—BUREAUS; OFFICE OF THE Aug. 6, 1958, Pub. L. 85–599, § 6(b), 72 Stat. 519; Dec. 12, JUDGE ADVOCATE GENERAL 1980, Pub. L. 96–513, title V, § 503(4), 94 Stat. 2911, related to appointment, powers, and duties of Vice Chief of Sec. Naval Operations. See section 5035 of this title. 5131. Bureaus: names; location. Section 5086, acts Aug. 10, 1956, ch. 1041, 70A Stat. 283; 5132. Bureaus: distribution of business; orders; rec- Dec. 12, 1980, Pub. L. 96–513, title V, § 503(5), 94 Stat. ords; expenses. 2911, related to detail and duties of Deputy Chiefs of 5133. Bureau Chiefs: rank; pay and allowances; re- Naval Operations. See section 5036 of this title. tirement.