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10 U.S.C. § 8088 — Judge Advocate General’s Corps: Office of the Judge Advocate General; Judge Advocate General; appointment, term, emoluments, duties
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Judge Advocate General’s Corps is a Staff Corps of the Navy, and shall be organized in accordance with regulations prescribed by the Secretary of the Navy.
**(b)** There is in the executive part of the Department of the Navy the Office of the Judge Advocate General of the Navy. The Judge Advocate General shall be appointed by the President, by and with the advice and consent of the Senate, for a term of four years. He shall be appointed from judge advocates of the Navy or the Marine Corps who are members of the bar of a Federal court or the highest court of a State and who have had at least eight years of experience in legal duties as commissioned officers.
**(c)** Under regulations prescribed by the Secretary of Defense, the Secretary of the Navy, in selecting an officer for recommendation to the President for appointment as the Judge Advocate General, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.
**(d)** The Judge Advocate General of the Navy, under the direction of the Secretary of the Navy, shall—
(1) perform duties relating to legal matters arising in the Department of the Navy as may be assigned to him;
(2) perform the functions and duties and exercise the powers prescribed for the Judge Advocate General in chapter 47 of this title;
(3) receive, revise, and have recorded the proceedings of boards for the examination of officers of the naval service for promotion and retirement; and
(4) perform such other duties as may be assigned to him.
**(e)** No officer or employee of the Department of Defense may interfere with—
(1) the ability of the Judge Advocate General to give independent leg
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Source file: Laws/federal/codes/united-states-code/title-10/section-8088-judge-advocate-generals-corps-office-of-the-judge-advocate-general-judge--5a3cff1fd2.md
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Source location: Title 10, Chapter 809, § 8088; chapter-809-bureaus-office-of-the-judge-advocate-general.md
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**(a)** The Judge Advocate General’s Corps is a Staff Corps of the Navy, and shall be organized in accordance with regulations prescribed by the Secretary of the Navy.
**(b)** There is in the executive part of the Department of the Navy the Office of the Judge Advocate General of the Navy. The Judge Advocate General shall be appointed by the President, by and with the advice and consent of the Senate, for a term of four years. He shall be appointed from judge advocates of the Navy or the Marine Corps who are members of the bar of a Federal court or the highest court of a State and who have had at least eight years of experience in legal duties as commissioned officers.
**(c)** Under regulations prescribed by the Secretary of Defense, the Secretary of the Navy, in selecting an officer for recommendation to the President for appointment as the Judge Advocate General, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.
**(d)** The Judge Advocate General of the Navy, under the direction of the Secretary of the Navy, shall—
(1) perform duties relating to legal matters arising in the Department of the Navy as may be assigned to him;
(2) perform the functions and duties and exercise the powers prescribed for the Judge Advocate General in chapter 47 of this title;
(3) receive, revise, and have recorded the proceedings of boards for the examination of officers of the naval service for promotion and retirement; and
(4) perform such other duties as may be assigned to him.
**(e)** No officer or employee of the Department of Defense may interfere with—
(1) the ability of the Judge Advocate General to give independent legal advice to the Secretary of the Navy or the Chief of Naval Operations; or
(2) the ability of judge advocates of the Navy assigned or attached to, or performing duty with, military units to give independent legal advice to commanders.
**(f)** If the Judge Advocate General is removed from office before the end of the term of the Judge Advocate General as specified in subsection (b), the Secretary of Defense shall, not later than five days after the removal takes effect, submit to the Committees on Armed Services of the Senate and the House of Representatives notice that the Judge Advocate General is being removed and a statement of the reason for the removal.
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Federal law — U.S. Code and appendices · legal_authorities
In addition to the definitions in sections 1–5 of title 1, the following definitions apply in this title:
(1)
(A) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(B) The term “continental United States” means the 48 contiguous States and the District of Columbia.
(2) The term “possessions” includes Guam, American Samoa, and the guano islands.
(3) The term “uniformed services” means the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force,and Coast Guard.
(5) The term “Secretary concerned” means—
(A) the Secretary of the Army, with respect to matters concerning the Army;
(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy;
(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force;
(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Navy;
(E) the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration; and
(F) the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service.
(6) The term “National Guard” means the Army National Guard and the Air National Guard.
(7) The term “Army National Guard” means that part of the organized militia of the several States, Puerto Rico, Guam, the Canal Zone, the Virgin Islands, and the District of Columbia, active and inactive, that—
(A) is a land force;
(B)
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act May 5, 1950, ch. 169, § 13, 64 Stat. 147, prescribed qualifications of Judge Advocate Generals of armed forces. See sections 3037, 5148, and 8072 of Title 10, Armed Forces.
#### Effective Date of Repeal
Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, § 53 footnote, 70A Stat. 680.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 741
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
An officer of the Coast Guard holding a permanent appointment in the grade of rear admiral (lower half) on the retired list, and who in time of war or national emergency has served satisfactorily on active duty for two years in that grade or in a higher grade, is entitled when on active duty to the basic pay of a rear admiral.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
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Federal law — U.S. Code and appendices · legal_authorities
Page 3174
TITLE 10—ARMED FORCES
§ 8088
§§ 807(a)(2), 809(a), Aug. 13, 2018, 132 Stat. 1834,
1840; Pub. L. 116–92, div. A, title V, § 514(a), Dec.
20, 2019, 133 Stat. 1349.)
Editorial Notes
PRIOR PROVISIONS
A prior section 8084 was successively renumbered sec-
tion 9084, 9068, and 9083 of this title and subsequently
repealed.
AMENDMENTS
2019—Subsec. (b)(1). Pub. L. 116–92 substituted ‘‘gen-
eral officers of the Marine Corps Reserve’’ for ‘‘general
officers of the Marine Corps (as defined in section
8001(2))’’.
2018—Pub. L. 115–232, § 807(a)(2), renumbered section
5144 of this title as this section.
Subsec. (b)(1). Pub. L. 115–232, § 809(a), substituted
‘‘section 8001(2)’’ for ‘‘section 5001(2)’’.
2017—Subsec. (d). Pub. L. 115–91 struck out par. (1)
designation before ‘‘The Commander,’’ and struck out
par. (2) which read as follows: ‘‘The Secretary of De-
fense shall transmit the annual report of the Com-
mander, Marine Forces Reserve, under paragraph (1) to
Congress, together with such comments on the report
as the Secretary considers appropriate. The report
shall be transmitted at the same time each year that
the annual report of the Secretary under section 113 of
this title is submitted to Congress.’’
2016—Subsec. (c). Pub. L. 114–328, in heading, struck
out ‘‘; Grade’’ after ‘‘Reappointment’’, and in text,
struck out par. (1) designation before ‘‘The Com-
mander, Marine Forces Reserve,’’ and struck out par.
(2) which read as follows: ‘‘The Commander, Marine
Forces Reserve, while so serving, holds the grade of
lieutenant general.’’
2004—Subsec. (b)(4). Pub. L. 108–375 substituted ‘‘De-
cember 31, 2006’’ for ‘‘December 31, 2004’’.
2002—Subsec. (b)(4). Pub. L. 107–314 substituted ‘‘De-
cember 31, 2004’’ for ‘‘October 1, 2003’’.
2000—Subsec. (b
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 8088
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