10 U.S.C. § 8046 — Staff Judge Advocate to the Commandant

Page 3162 TITLE 10—ARMED FORCES § 8046 2016—Pub. L. 114–328 substituted ‘‘seven’’ for ‘‘six’’. 2002—Pub. L. 107–314 substituted ‘‘six’’ for ‘‘five’’. 2000—Pub. L. 106–398 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘There are in the Headquarters, Marine Corps, a Chief of Staff, not more than five Deputy Chiefs of Staff, and not more than three Assistant Chiefs of Staff, detailed by the Secretary of the Navy from offi- cers on the active-duty list of the Marine Corps.’’ 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. § 8046. Staff Judge Advocate to the Commandant of the Marine Corps (a) An officer of the Marine Corps who is a judge advocate and a member of the bar of a Federal court or the highest court of a State or territory and who has had at least eight years of experience in legal duties as a commissioned of- ficer may be appointed by the President, by and with the advice and consent of the Senate, as Staff Judge Advocate to the Commandant of the Marine Corps. (b)(1) Under regulations prescribed by the Sec- retary of Defense, the Secretary of the Navy, in selecting an officer for recommendation to the President for appointment as the Staff Judge Advocate to the Commandant of the Marine Corps, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures ap- plicable to selection boards convened under chapter 36 of this title. (2) If the Secretary of the Navy elects to con- vene a selection board under section 611(a) of this title to consider eligible officers for selec- tion to appointment as Staff Judge Advocate, the Secretary may, in connection with such con- sideration 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 Marine Corps require the waiver. (c) The Staff Judge Advocate to the Com- mandant of the Marine Corps, under the direc- tion of the Commandant of the Marine Corps and the Secretary of the Navy, shall— (1) perform such duties relating to legal matters arising in the Marine Corps as may be assigned to the Staff Judge Advocate; (2) perform the functions and duties, and ex- ercise the powers, prescribed for the Staff Judge Advocate to the Commandant of the Marine Corps in chapter 47 (the Uniform Code of Military Justice) and chapter 53 of this title; and (3) perform such other duties as may be as- signed to the Staff Judge Advocate. (d) No officer or employee of the Department of Defense may interfere with— (1) the ability of the Staff Judge Advocate to the Commandant of the Marine Corps to give independent legal advice to the Commandant of the Marine Corps; or (2) the ability of judge advocates of the Ma- rine Corps assigned or attached to, or per- forming duty with, military units to give inde- pendent legal advice to commanders. (Added Pub. L. 99–661, div. A, title V, § 509(a)(1), Nov. 14, 1986, 100 Stat. 3868, § 5046; amended Pub. L. 103–337, div. A, title V, § 504(b)(4), Oct. 5, 1994, 108 Stat. 2751; Pub. L. 108–375, div. A, title V, § 574(b)(2), Oct. 28, 2004, 118 Stat. 1922; Pub. L. 110–417, [div. A], title V, § 504(a), Oct. 14, 2008, 122 Stat. 4434; Pub. L. 112–239, div. A, title V, § 531(a), (b), Jan. 2, 2013, 126 Stat. 1725, 1726; Pub. L. 114–328, div. A, title V, § 502(x), Dec. 23, 2016, 130 Stat. 2104; Pub. L. 115–91, div. A, title V, § 508(a), Dec. 12, 2017, 131 Stat. 1375; renumbered § 8046, Pub. L. 115–232, div. A, title VIII, § 807(a)(1), Aug. 13, 2018, 132 Stat. 1834.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5046 of this title as this section. 2017—Subsec. (b). Pub. L. 115–91 designated existing provisions as par. (1) and added par. (2). 2016—Subsec. (a). Pub. L. 114–328 struck out last sen- tence which read as follows: ‘‘If the officer to be ap- pointed as the Staff Judge Advocate to the Com- mandant of the Marine Corps holds a grade lower than the grade of major general immediately before the ap- pointment, the officer shall be appointed in the grade of major general.’’ 2013—Subsec. (a). Pub. L. 112–239, § 531(a), substituted ‘‘appointed by the President, by and with the advice and consent of the Senate,’’ for ‘‘detailed’’ and ‘‘If the officer to be appointed as the Staff Judge Advocate to the Commandant of the Marine Corps holds a grade lower than the grade of major general immediately be- fore the appointment, the officer shall be appointed in the grade of major general.’’ for ‘‘The Staff Judge Ad- vocate to the Commandant of the Marine Corps, while so serving, has the grade of major general.’’ Subsecs. (c), (d). Pub. L. 112–239, § 531(b), added subsec. (c) and redesignated former subsec. (c) as (d). 2008—Subsec. (a). Pub. L. 110–417 substituted ‘‘The Staff Judge Advocate to the Commandant of the Ma- rine Corps, while so serving, has the grade of major general.’’ for ‘‘If an officer appointed as the Staff Judge Advocate to the Commandant of the Marine Corps holds a lower regular grade, the officer shall be ap- pointed in the regular grade of brigadier general.’’ 2004—Subsec. (c). Pub. L. 108–375 added subsec. (c). 1994—Subsec. (a). Pub. L. 103–337, § 504(b)(4)(A), added second sentence and struck out former second sentence which read as follows: ‘‘While so serving, a judge advo- cate who holds a grade lower than brigadier general shall hold the grade of brigadier general if appointed to that grade by the President, by and with the advice and consent of the Senate.’’ Subsec. (b). Pub. L. 103–337, § 504(b)(4)(B), added sub- sec. (b) and struck out former subsec. (b) which read as follows: ‘‘An officer retiring from the position of Staff Judge Advocate to the Commandant of the Marine Corps, after serving at least three years in that posi- tion, shall be retired in the highest grade in which that officer served on active duty satisfactorily, as deter- mined by the Secretary of the Navy.’’ 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 Page 3163 TITLE 10—ARMED FORCES § 8061 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE Pub. L. 99–661, div. A, title V, § 509(b), Nov. 14, 1986, 100 Stat. 3868, provided that: ‘‘Section 5046 [now 8046] of title 10, United States Code, as added by subsection (a), shall apply only with respect to appointments as Staff Judge Advocate to the Commandant of the Marine Corps made on or after the date of the enactment of this Act [Nov. 14, 1986].’’ TRANSITION PROVISION FOR RETIREMENT OF STAFF JUDGE ADVOCATES Pub. L. 99–661, div. A, title V, § 509(d), Nov. 14, 1986, 100 Stat. 3868, provided that: ‘‘Notwithstanding [former] section 1370(a)(2) of title 10, United States Code, an offi- cer serving in the position of Staff Judge Advocate to the Commandant of the Marine Corps, or an equivalent position, on the day before the date of the enactment of this Act [Nov. 14, 1986], if retired after having served in such position (or equivalent position) at least three years, including any service in such position (or its equivalent) before such date, shall be retired in the highest grade in which the officer served on active duty satisfactorily, as determined by the Secretary of the Navy.’’ [In determining retired grade of certain commis- sioned officers of the Armed Forces who retire after Jan. 1, 2021, any reference to section 1370 of title 10 in such determination with respect to such officers deemed to be a reference to section 1370a of title 10, see section 508(c) of Pub. L. 116–283, set out as a note under section 1370 of this title.] § 8047. Legislative Assistant to the Commandant There is in the Marine Corps a Legislative As- sistant to the Commandant. (Added Pub. L. 107–314, div. A, title V, § 504(d)(3)(A), Dec. 2, 2002, 116 Stat. 2532, § 5047; amended Pub. L. 114–328, div. A, title V, § 502(y), Dec. 23, 2016, 130 Stat. 2104; renumbered § 8047, Pub. L. 115–232, div. A, title VIII, § 807(a)(1), Aug. 13, 2018, 132 Stat. 1834.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5047 of this title as this section. 2016—Pub. L. 114–328 struck out second sentence which read as follows: ‘‘An officer assigned to that posi- tion shall be in a grade above colonel.’’ 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. § 8048. Medical Officer of the Marine Corps (a) There is a Medical Officer of the Marine Corps who shall be appointed from among flag officers of the Navy. (b) The Medical Officer of the Marine Corps, while so serving, shall hold the grade of rear ad- miral (lower half). (Added Pub. L. 118–159, div. A, title V, § 509B(a)(1), Dec. 23, 2024, 138 Stat. 1872.) CHAPTER 807—COMPOSITION OF THE DEPARTMENT OF THE NAVY Sec. 8061. Department of the Navy: composition. 8062. United States Navy: composition; functions. 8063. United States Marine Corps: composition; functions. Editorial Notes PRIOR PROVISIONS A prior chapter 807, consisting of sections 8061 to 8084, related to the Air Force, prior to renumbering as chap- ter 907 of this title. AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 807(e)(1), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated chapter 507 of this title as this chapter and items 5061 to 5063 as 8061 to 8063, respectively. 1986—Pub. L. 99–433, title V, § 511(b)(1), Oct. 1, 1986, 100 Stat. 1042, inserted heading for new chapter 507 relating to composition of the Department of the Navy, and items 5061 to 5063. The heading for former chapter 507, relating to Office of the Comptroller of the Navy, and former items 5061 to 5064 were struck out as part of the repeal of former chapter 507 by Pub. L. 99–433, title V, § 511(a), Oct. 1, 1986, 100 Stat. 1042. § 8061. Department of the Navy: composition The Department of the Navy is composed of the following: (1) The Office of the Secretary of the Navy. (2) The Office of the Chief of Naval Oper- ations. (3) The Headquarters, Marine Corps. (4) The entire operating forces, including naval aviation, of the Navy and of the Marine Corps, and the reserve components of those op- erating forces. (5) All field activities, headquarters, forces, bases, installations, activities, and functions under the control or supervision of the Sec- retary of the Navy. (6) The Coast Guard when it is operating as a service in the Navy. (Added Pub. L. 99–433, title V, § 511(b)(1), Oct. 1, 1986, 100 Stat. 1043, § 5061; renumbered § 8061, Pub. L. 115–232, div. A, title VIII, § 807(a)(1), Aug. 13, 2018, 132 Stat. 1834.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 5011 of this title prior to enactment of Pub. L. 99–433. A prior section 8061 was renumbered section 9061 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5061 of this title as this section. 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. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities