10 U.S.C. § 9037 — Judge Advocate General, Deputy Judge

Page 3443 TITLE 10—ARMED FORCES § 9037 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 9035. Deputy Chiefs of Staff and Assistant Chiefs of Staff (a) The Deputy Chiefs of Staff and the Assist- ant Chiefs of Staff shall be general officers de- tailed to those positions. (b) The Secretary of the Air Force shall pre- scribe the number of Deputy Chiefs of Staff and Assistant Chiefs of Staff, for a total of not more than eight positions. (Added Pub. L. 99–433, title V, § 522(e), Oct. 1, 1986, 100 Stat. 1062, § 8035; Pub. L. 110–181, div. A, title IX, § 902(c), Jan. 28, 2008, 122 Stat. 273; re- numbered § 9035, Pub. L. 115–232, div. A, title VIII, § 806(c), Aug. 13, 2018, 132 Stat. 1833.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 8035 of this title as this section. 2008—Subsec. (b). Pub. L. 110–181 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘The number of Deputy Chiefs of Staff and As- sistant Chiefs of Staff shall be prescribed by the Sec- retary, except that— ‘‘(1) there may not be more than five Deputy Chiefs of Staff; and ‘‘(2) there may not be more than three Assistant Chiefs of Staff.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 9036. Surgeon General: appointment; duties (a) APPOINTMENT.—The Surgeon General of the Air Force shall be appointed by the President, by and with the advice and consent of the Sen- ate from officers of the Air Force who are in the Air Force medical department. (b) DUTIES.—(1) The Surgeon General serves as the principal advisor to the Secretary of the Air Force, the Chief of Staff of the Air Force, and the Chief of Space Operations on all health and medical matters of the Air Force and the Space Force, including strategic planning and policy development relating to such matters. (2) The Surgeon General serves as the chief medical advisor of the Air Force and the Space Force to the Director of the Defense Health Agency on matters pertaining to military health readiness requirements and safety of members of the Air Force and members of the Space Force. (3) The Surgeon General, acting under the au- thority, direction, and control of the Secretary of the Air Force, shall recruit, organize, train, and equip, medical personnel of the Air Force. (Added Pub. L. 89–288, § 5(a), Oct. 22, 1965, 79 Stat. 1050, § 8036; amended Pub. L. 99–433, title V, § 522(g)(2), Oct. 1, 1986, 100 Stat. 1063; Pub. L. 104–106, div. A, title V, § 506(c), Feb. 10, 1996, 110 Stat. 296; Pub. L. 114–328, div. A, title VII, § 702(b)(3)(A), Dec. 23, 2016, 130 Stat. 2196; renum- bered § 9036, Pub. L. 115–232, div. A, title VIII, § 806(c), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–283, div. A, title IX, § 923(b)(6), Jan. 1, 2021, 134 Stat. 3809.) Editorial Notes AMENDMENTS 2021—Subsec. (b)(1). Pub. L. 116–283, § 923(b)(6)(A), sub- stituted ‘‘Secretary of the Air Force, the Chief of Staff of the Air Force, and the Chief of Space Operations on all health and medical matters of the Air Force and the Space Force’’ for ‘‘Secretary of the Air Force and the Chief of Staff of the Air Force on all health and med- ical matters of the Air Force’’. Subsec. (b)(2). Pub. L. 116–283, § 923(b)(6)(B), inserted ‘‘and the Space Force’’ after ‘‘advisor of the Air Force’’ and ‘‘and members of the Space Force’’ after ‘‘members of the Air Force’’. 2018—Pub. L. 115–232 renumbered section 8036 of this title as this section. 2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: ‘‘There is a Sur- geon General of the Air Force who is appointed by the President by and with the advice and consent of the Senate from officers of the Air Force who are in the Air Force medical department. The Surgeon General, while so serving, has the grade of lieutenant general.’’ 1996—Pub. L. 104–106 substituted ‘‘in the Air Force medical department’’ for ‘‘designated as medical offi- cers under section 8067(a) of this title’’. 1986—Pub. L. 99–433 substituted a semicolon for the comma in section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. SERVICE OF INCUMBENTS IN CERTAIN POSITIONS WITHOUT REAPPOINTMENT For continued service of Surgeon General of the Air Force under this section after Jan. 1, 2021, without fur- ther appointment, notwithstanding amendment by sec- tion 923(b)(6) of Pub. L. 116–283, see section 923(f) of Pub. L. 116–283, set out as a note under section 9020 of this title. § 9037. Judge Advocate General, Deputy Judge Advocate General: appointment; duties (a) There is a Judge Advocate General in the Air Force, who is appointed by the President, by and with the advice and consent of the Senate, from officers of the Air Force. The term of office is four years. (b) The Judge Advocate General of the Air Force shall be appointed from those officers who at the time of appointment 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 offi- cers. (c) The Judge Advocate General, in addition to other duties prescribed by law— (1) is the legal adviser of the Secretary of the Air Force and of all officers and agencies of the Department of the Air Force; Page 3444 TITLE 10—ARMED FORCES § 9037 (2) shall direct the officers of the Air Force designated as judge advocates in the perform- ance of their duties; and (3) shall receive, revise, and have recorded the proceedings of courts of inquiry and mili- tary commissions. (d)(1) There is a Deputy Judge Advocate Gen- eral in the Air Force, who is appointed by the President, by and with the advice and consent of the Senate, from officers of the Air Force who have the qualifications prescribed in subsection (b) for the Judge Advocate General. The term of office of the Deputy Judge Advocate General is four years. (2) When there is a vacancy in the office of the Judge Advocate General, or during the absence or disability of the Judge Advocate General, the Deputy Judge Advocate General shall perform the duties of the Judge Advocate General until a successor is appointed or the absence or dis- ability ceases. (3) When paragraph (2) cannot be complied with because of the absence or disability of the Deputy Judge Advocate General, the heads of the major divisions of the Office of the Judge Advocate General, in the order directed by the Secretary of the Air Force, shall perform the du- ties of the Judge Advocate General, unless oth- erwise directed by the President. (e)(1) Under regulations prescribed by the Sec- retary of Defense, the Secretary of the Air Force, in selecting an officer for recommenda- tion to the President under subsection (a) for appointment as the Judge Advocate General or under subsection (d) for appointment as the Dep- uty 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. (2) If the Secretary of the Air Force elects to convene a selection board under section 611(a) of this title to consider eligible officers for selec- tion to appointment as Deputy Judge Advocate General, the Secretary may, in connection with such consideration for selection— (A) treat any section in chapter 36 of this title referring to promotion to the next higher grade as if such section referred to promotion to a higher grade; and (B) waive section 619(a)(2) of this title if the Secretary determines that the needs of the Air Force or the Space Force require the waiver. (f) 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 Sec- retary of the Air Force, the Chief of Staff of the Air Force, or the Chief of Space Oper- ations; or (2) the ability of officers of the Air Force who are designated as judge advocates who are assigned or attached to, or performing duty with, military units to give independent legal advice to commanders. (Aug. 10, 1956, ch. 1041, 70A Stat. 495, § 8072; Pub. L. 96–343, § 12(a), (b)(1), Sept. 8, 1980, 94 Stat. 1130, 1131; renumbered § 8037, Pub. L. 99–433, title V, § 522(f), Oct. 1, 1986, 100 Stat. 1063; Pub. L. 103–337, div. A, title V, § 504(c), Oct. 5, 1994, 108 Stat. 2751; Pub. L. 104–106, div. A, title V, § 507(a), Feb. 10, 1996, 110 Stat. 296; Pub. L. 108–375, div. A, title V, § 574(c), Oct. 28, 2004, 118 Stat. 1922; Pub. L. 109–163, div. A, title V, § 508(c), title X, § 1057(a)(2), Jan. 6, 2006, 119 Stat. 3229, 3440; Pub. L. 110–181, div. A, title V, § 543(c), Jan. 28, 2008, 122 Stat. 115; Pub. L. 114–328, div. A, title V, § 502(kk), Dec. 23, 2016, 130 Stat. 2106; Pub. L. 115–91, div. A, title V, § 508(c), Dec. 12, 2017, 131 Stat. 1375; renumbered § 9037, Pub. L. 115–232, div. A, title VIII, § 806(c), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–283, div. A, title IX, § 923(b)(7), Jan. 1, 2021, 134 Stat. 3809.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8072(a) ..... 8072(b) ..... 8072(c) ..... 10:1840(a). 50:741. 10:62, 10:1840(b) (last sen- tence). Sept. 19, 1951, ch. 407, § 310(a), (b) (less 1st sentence), 65 Stat. 332. May 5, 1950, ch. 169, § 13 (as applicable to Air Force), 64 Stat. 147. R.S. 1199. June 23, 1874, ch. 458, § 2, 18 Stat. 244. In subsection (a), the words ‘‘subject to the provi- sions of section 741 of Title 50’’ are omitted as surplus- age. The words ‘‘but may be sooner terminated, or ex- tended, by the President’’ are substituted for 10:1840(a) (last 11 words of 1st sentence, and 2d sentence). 10:1840(a) (1st 46 words of 3d sentence) is omitted as sur- plusage. 10:1840(a) (last sentence) is omitted as exe- cuted. The words ‘‘by the President, by and with the advice and consent of the Senate’’, as they relate to the appointment as a major general in the Regular Air Force, are omitted as covered by section 8284 of this title. In subsection (b), the words ‘‘Hereafter’’ and ‘‘exclu- sive of the present incumbents’’ are omitted as surplus- age. The words ‘‘at least’’ are substituted for the words ‘‘not less than a total’’. In subsection (c), the Act of June 23, 1874, ch. 458, § 2 (words before semicolon of 1st sentence, and last sen- tence), 18 Stat. 244, are not contained in 10:62. They are also omitted from the revised section, since the Air Force does not have organic corps created by statute. Editorial Notes AMENDMENTS 2021—Subsec. (e)(2)(B). Pub. L. 116–283, § 923(b)(7)(A), inserted ‘‘or the Space Force’’ after ‘‘of the Air Force’’. Subsec. (f)(1). Pub. L. 116–283, § 923(b)(7)(B), sub- stituted ‘‘the Secretary of the Air Force, the Chief of Staff of the Air Force, or the Chief of Space Oper- ations’’ for ‘‘the Secretary of the Air Force or the Chief of Staff of the Air Force’’. 2018—Pub. L. 115–232 renumbered section 8037 of this title as this section. 2017—Subsec. (e). Pub. L. 115–91 designated existing provisions as par. (1) and added par. (2). 2016—Subsec. (a). Pub. L. 114–328, § 502(kk)(1), struck out last sentence which read as follows: ‘‘The Judge Advocate General, while so serving, has the grade of lieutenant general.’’ Subsec. (d)(1). Pub. L. 114–328, § 502(kk)(2), struck out last sentence which read as follows: ‘‘An officer ap- pointed as Deputy Judge Advocate General who holds a lower regular grade shall be appointed in the regular grade of major general.’’ 2008—Subsec. (a). Pub. L. 110–181 substituted ‘‘The Judge Advocate General, while so serving, has the grade of lieutenant general.’’ for ‘‘The Judge Advocate General, while so serving, shall hold a grade not lower than major general.’’ 2006—Subsec. (a). Pub. L. 109–163, § 508(c), substituted ‘‘The Judge Advocate General, while so serving, shall Page 3445 TITLE 10—ARMED FORCES § 9038 hold a grade not lower than major general.’’ for ‘‘An appointee who holds a lower regular grade shall be ap- pointed in the regular grade of major general.’’ Subsec. (b). Pub. L. 109–163, § 1057(a)(2), struck out ‘‘or Territory’’ after ‘‘a State’’. 2004—Subsec. (a). Pub. L. 108–375, § 574(c)(1), struck out ‘‘, but may be sooner terminated or extended by the President’’ after ‘‘four years’’. Subsec. (c). Pub. L. 108–375, § 574(c)(2)(A), struck out ‘‘shall’’ after ‘‘General’’ in introductory provisions. Subsec. (c)(1) to (3). Pub. L. 108–375, § 574(c)(2)(B)–(D), added pars. (1) and (2), redesignated former par. (1) as (3), inserted ‘‘shall’’ before ‘‘receive’’, substituted pe- riod for ‘‘; and’’ at end, and struck out former par. (2) which read as follows: ‘‘perform such other legal duties as may be directed by the Secretary of the Air Force.’’ Subsec. (d)(1). Pub. L. 108–375, § 574(c)(3), struck out ‘‘, but may be sooner terminated or extended by the President’’ after ‘‘four years’’. Subsec. (f). Pub. L. 108–375, § 574(c)(4), added subsec. (f). 1996—Subsec. (d)(1). Pub. L. 104–106 substituted ‘‘four years’’ for ‘‘two years’’ and ‘‘An officer appointed as Deputy Judge Advocate General who holds a lower reg- ular grade shall be appointed in the regular grade of major general.’’ for ‘‘An officer appointed as Deputy Judge Advocate General shall be appointed in a regular grade to be determined by the Secretary of Defense.’’ 1994—Subsec. (e). Pub. L. 103–337 added subsec. (e). 1986—Pub. L. 99–433 renumbered section 8072 of this title as this section. 1980—Pub. L. 96–343, § 12(b)(1), substituted ‘‘General, Deputy Judge Advocate General:’’ for ‘‘General:’’ in section catchline. Subsec. (d). Pub. L. 96–343, § 12(a), added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–106, div. A, title V, § 507(b), Feb. 10, 1996, 110 Stat. 296, provided that: ‘‘The amendments made by subsection (a) [amending this section] apply to any ap- pointment to the position of Deputy Judge Advocate General of the Air Force that is made after the date of the enactment of this Act [Feb. 10, 1996].’’ SERVICE OF INCUMBENTS IN CERTAIN POSITIONS WITHOUT REAPPOINTMENT For continued service of Judge Advocate General of the Air Force under subsec. (a) of this section or Dep- uty Judge Advocate General of the Air Force under subsec. (d) of this section after Jan. 1, 2021, without fur- ther appointment, notwithstanding amendment by sec- tion 923(b)(7) of Pub. L. 116–283, see section 923(f) of Pub. L. 116–283, set out as a note under section 9020 of this title. § 9038. Office of Air Force Reserve: appointment of Chief (a) There is in the executive part of the De- partment of the Air Force an Office of Air Force Reserve which is headed by a chief who is the adviser to the Chief of Staff on Air Force Re- serve matters. (b) APPOINTMENT.—(1) The President, by and with the advice and consent of the Senate, shall appoint the Chief of Air Force Reserve from gen- eral officers of the Air Force Reserve who have had at least 10 years of commissioned service in the Air Force. (2) The Secretary of Defense may not rec- ommend an officer to the President for appoint- ment as Chief of Air Force Reserve unless the officer— (A) is recommended by the Secretary of the Air Force; and (B) is determined by the Chairman of the Joint Chiefs of Staff, in accordance with cri- teria and as a result of a process established by the Chairman, to have significant joint duty experience. (3) An officer on active duty for service as the Chief of Air Force Reserve shall be counted for purposes of the grade limitations under sections 525 and 526 of this title. (4) Until December 31, 2006, the Secretary of Defense may waive subparagraph (B) of para- graph (2) with respect to the appointment of an officer as Chief of Air Force Reserve if the Sec- retary of the Air Force requests the waiver and, in the judgment of the Secretary of Defense— (A) the officer is qualified for service in the position; and (B) the waiver is necessary for the good of the service. Any such waiver shall be made on a case-by-case basis. (c) TERM; REAPPOINTMENT.—The Chief of Air Force Reserve is appointed for a period of four years, but may be removed for cause at any time. An officer serving as Chief of Air Force Reserve may be reappointed for one additional four-year period. (d) BUDGET.—The Chief of Air Force Reserve is the official within the executive part of the De- partment of the Air Force who, subject to the authority, direction, and control of the Sec- retary of the Air Force and the Chief of Staff, is responsible for preparation, justification, and execution of the personnel, operation and main- tenance, and construction budgets for the Air Force Reserve. As such, the Chief of Air Force Reserve is the director and functional manager of appropriations made for the Air Force Re- serve in those areas. (e) FULL TIME SUPPORT PROGRAM.—The Chief of Air Force Reserve manages, with respect to the Air Force Reserve, the personnel program of the Department of Defense known as the Full Time Support Program. (f) ANNUAL REPORT.—The Chief of Air Force Reserve shall submit to the Secretary of De- fense, through the Secretary of the Air Force, an annual report on the state of the Air Force Reserve and the ability of the Air Force Reserve to meet its missions. The report shall be pre- pared in conjunction with the Chief of Staff of the Air Force and may be submitted in classified and unclassified versions. (Added Pub. L. 90–168, § 2(19), Dec. 1, 1967, 81 Stat. 524, § 8019; renumbered § 8038 and amended Pub. L. 99–433, title V, §§ 521(a)(2), 522(g)(3), Oct. 1, 1986, 100 Stat. 1055, 1063; Pub. L. 103–337, div. A, title XVI, § 1674(c)(1), Oct. 5, 1994, 108 Stat. 3016; Pub. L. 104–201, div. A, title XII, § 1212(d), Sept. 23, 1996, 110 Stat. 2693; Pub. L. 105–85, div. A, title X, § 1073(a)(65), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 106–65, div. A, title V, § 554(e), Oct. 5, 1999, 113 Stat. 617; Pub. L. 106–398, § 1 [[div. A], title V, § 507(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A–104;