
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC8037]

 
                         TITLE 10--ARMED FORCES
 
                          Subtitle D--Air Force
 
                          PART I--ORGANIZATION
 
                       CHAPTER 805--THE AIR STAFF
 
Sec. 8037. 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, but may be sooner terminated or extended by the President. An 
appointee who holds a lower regular grade shall be appointed in the 
regular grade of major general.
    (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 or Territory, and 
who have had at least eight years of experience in legal duties as 
commissioned officers.
    (c) The Judge Advocate General shall, in addition to other duties 
prescribed by law--
        (1) receive, revise, and have recorded the proceedings of courts 
    of inquiry and military commissions; and
        (2) perform such other legal duties as may be directed by the 
    Secretary of the Air Force.

    (d)(1) There is a Deputy 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 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, but may be 
sooner terminated or extended by the President. An officer appointed as 
Deputy Judge Advocate General who holds a lower regular grade shall be 
appointed in the regular grade of major general.
    (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 disability 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 
duties of the Judge Advocate General, unless otherwise directed by the 
President.
    (e) Under regulations prescribed by the Secretary of Defense, the 
Secretary of the Air Force, in selecting an officer for recommendation 
to the President under subsection (a) for appointment as the Judge 
Advocate General or under subsection (d) for appointment as the Deputy 
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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 495, Sec. 8072; Pub. L. 96-343, 
Sec. 12(a), (b)(1), Sept. 8, 1980, 94 Stat. 1130, 1131; renumbered 
Sec. 8037, Pub. L. 99-433, title V, Sec. 522(f), Oct. 1, 1986, 100 Stat. 
1063; Pub. L. 103-337, div. A, title V, Sec. 504(c), Oct. 5, 1994, 108 
Stat. 2751; Pub. L. 104-106, div. A, title V, Sec. 507(a), Feb. 10, 
1996, 110 Stat. 296.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
8072(a)...............................  10:1840(a).                          Se
pt. 19, 1951, ch. 407, Sec.
8072(b)...............................  50:741.                               3
10(a), (b) (less 1st sentence),
8072(c)...............................  10:62, 10:1840(b) (last sentence).    6
5 Stat. 332.
                                                                             Ma
y 5, 1950, ch. 169, Sec.  13 (as
                                                                              a
pplicable to Air Force), 64 Stat.
                                                                              1
47.
                                        ...................................  R.
S. 1199.
                                        ...................................  Ju
ne 23, 1874, ch. 458, Sec.  2, 18
                                                                              S
tat. 244.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``subject to the provisions of section 
741 of Title 50'' are omitted as surplusage. The words ``but may be 
sooner terminated, or extended, 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 surplusage. 10:1840(a) (last 
sentence) is omitted as executed. 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 ``exclusive of the 
present incumbents'' are omitted as surplusage. 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, Sec. 2 (words 
before semicolon of 1st sentence, and last sentence), 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.


                               Amendments

    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 regular 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).
    1980--Pub. L. 96-343, Sec. 12(b)(1), substituted ``General, Deputy 
Judge Advocate General:'' for ``General:'' in section catchline.
    Subsec. (d). Pub. L. 96-343, Sec. 12(a), added subsec. (d).


                    Effective Date of 1996 Amendment

    Section 507(b) of Pub. L. 104-106 provided that: ``The amendments 
made by subsection (a) [amending this section] apply to any appointment 
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].''
