§ 5045 TITLE 10—ARMED FORCES Page 1874 (1) the Assistant Commandant 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 commanders. 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 major 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 brigadier 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 Commandants 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.