dreamproit/uscode huggingface dataset:
10 U.S.C. § 8118 (ARMED FORCES)
§ 8118. Rank of line and staff corps officers of the Navy and officers of the Marine Corps
Except for an officer entitled to a rank higher than his grade, line and staff corps officers of the Navy serving in the same grade and officers of the Marine Corps serving in the corresponding grade rank among themselves according to their respective dates of rank in grade whether or not they are on an active-duty list.
(Aug. 10, 1956, ch. 1041, 70A Stat. 317, § 5508; Pub. L. 90–179, § 4, Dec. 8, 1967, 81 Stat. 547; Pub. L. 96–513, title V, § 503(27), Dec. 12, 1980, 94 Stat. 2913; renumbered § 8118, Pub. L. 115–232, div. A, title VIII, § 807(b)(2), Aug. 13, 2018, 132 Stat. 1834.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
5508
34 U.S.C. 306f(d)(2).
Aug. 7, 1947, ch. 512, § 311(d)(2), 61 Stat. 852; Aug. 5, 1949, ch. 402, § 1(c), 63 Stat. 568.
The word “rank” is substituted for the words “take precedence” throughout the section for uniformity of expression.
In subsection (a) the first sentence is broadened to include officers of the Marine Corps and officers not on a lineal list. Inclusion of the Marine Corps is possible because the sentence reflects the rule referred to by the Attorney General (25 Op. Atty. Gen. 517) as “an unwritten law of the Army and Navy” as to relative rank between officers in different services. Officers not on a lineal list may properly be included since the statement is consistent with the provisions for assigning lineal position to such officers when they become entitled to be placed on a list.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 5508 of this title as this section.
1980—Pub. L. 96–513 struck out designation “(a)” before “Except for an officer”, substituted “an active-duty list” for “a lineal list”, struck out sentence which had provided that a staff corps officer with the same date of rank as his running mate ranked above all line and staff corps officers junior to his running mate, and struck out subsec. (b) which had provided for a hierarchy of 9 categories of officers of the Navy to be used in ranking officers of the Navy on active duty serving in the same grade and having the same date of rank in that grade.
1967—Subsec. (b). Pub. L. 90–179 added par. (6) and renumbered former pars. (6), (7), and (8) as pars. (7), (8), and (9), respectively.
heading: Effective Date of 2018 Amendment
text: 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.
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
10 U.S.C. § 8135 (ARMED FORCES)
§ 8135. Regular Marine Corps: order of filling vacancies in grade of second lieutenant
Vacancies on the active-duty list of the Marine Corps in the grade of second lieutenant shall be filled, so far as practicable, first, from members of the graduating class of the Naval Academy; second, from meritorious noncommissioned officers of the Regular Marine Corps; and third, from other persons.
(Aug. 10, 1956, ch. 1041, 70A Stat. 324, § 5585; Pub. L. 96–513, title V, § 503(29), Dec. 12, 1980, 94 Stat. 2913; renumbered § 8135, Pub. L. 115–232, div. A, title VIII, § 807(b)(4), Aug. 13, 2018, 132 Stat. 1834.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
5585
34 U.S.C. 634.
Mar. 3, 1899, ch. 413, § 19, 30 Stat. 1008; Mar. 3, 1903, ch. 1010, 32 Stat. 1198 (1st proviso in 5th par., 48th word to end of proviso).
The words “from other persons” are substituted for the words “from civil life” because 34 U.S.C. 1020e authorizes the appointment of graduates of the NROTC program as well as of other persons in civil life. Such graduates are, properly, persons in “civil life”, since they are members of the Naval Reserve who are not on active duty. However, since the status of members of the NROTC is not always clear, the statement of the class is expanded.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 5585 of this title as this section.
1980—Pub. L. 96–513 substituted “active-duty list” for “active list”.
heading: Effective Date of 2018 Amendment
text: 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.
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
10 U.S.C. § 8138 (ARMED FORCES)
§ 8138. Regular Marine Corps: judge advocates
With the approval of the Secretary of the Navy, any regular officer on the active-duty list of the Marine Corps who is qualified under section 827(b) of this title may, upon his application, be designated as a judge advocate.
(Added Pub. L. 90–179, § 5(3), Dec. 8, 1967, 81 Stat. 548, § 5587a; amended Pub. L. 96–513, title V, § 503(30), Dec. 12, 1980, 94 Stat. 2913; renumbered § 8138, Pub. L. 115–232, div. A, title VIII, § 807(b)(4), Aug. 13, 2018, 132 Stat. 1834.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 5587a of this title as this section.
1980—Pub. L. 96–513 struck out designation “(a)” before “With the approval of the Secretary”, substituted “active-duty list” for “active list”, and struck out subsec. (b) which provided that, for the purposes of determining lineal position, permanent grade, seniority in permanent grade, and eligibility for promotion, a person appointed to the active list of the Marine Corps with a view to designation as a judge advocate could be credited with the amount of service prescribed by the Secretary of the Navy, but not more than three years.
heading: Effective Date of 2018 Amendment
text: 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.
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
10 U.S.C. § 8162 (ARMED FORCES)
§ 8162. Aviation commands: eligibility
(a)
(1) To be eligible to command an aircraft carrier or an aircraft tender, an officer must be an officer in the line of the Navy who is designated as a naval aviator or naval flight officer and who is otherwise qualified.
(2) Paragraph (1) does not apply to command of a nuclear-powered aircraft carrier that has been inactivated for the purpose of permanent decommissioning and disposal.
(b) To be eligible to command a naval aviation school, a naval air station, or a naval aviation unit organized for flight tactical purposes, an officer must be an officer in the line of the Navy designated as a naval aviator or naval flight officer.
(c) To be eligible to command a Marine Corps aviation school, a Marine Corps air station, or a Marine Corps aviation unit organized for flight tactical purposes, an officer must be an officer of the Marine Corps designated as a naval aviator or naval flight officer.
(Aug. 10, 1956, ch. 1041, 70A Stat. 371, § 5942; Pub. L. 91–198, § 1(1), Feb. 26, 1970, 84 Stat. 15; Pub. L. 113–291, div. A, title V, § 507, Dec. 19, 2014, 128 Stat. 3357; renumbered § 8162, Pub. L. 115–232, div. A, title VIII, § 807(b)(5), Aug. 13, 2018, 132 Stat. 1834.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
5942(a)
34 U.S.C. 735 (5th par.).
June 24, 1926, ch. 668, § 3 (5th par.), 44 Stat. 767.
5942(b)
34 U.S.C. 735 (4th par.).
June 24, 1926, ch. 668, § 3 (4th par.), 44 Stat. 767.
5942(c)
34 U.S.C. 735 (7th par.).
June 24, 1926, ch. 668, § 3 (7th par.), 44 Stat. 767.
The last proviso of § 8 of the Act of July 12, 1921, ch. 44 (34 U.S.C. 734), was superseded by paragraphs 4, 5, and 7 of § 3 of the Act of June 24, 1926, ch. 668 (34 U.S.C. 735), insofar as ships and activities mentioned in those paragraphs are concerned. The requirements of this section are stated as conditions of eligibility for clarity.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 5942 of this title as this section.
2014—Subsec. (a). Pub. L. 113–291 designated existing provisions as par. (1) and added par. (2).
1970—Subsec. (a). Pub. L. 91–198 substituted “naval flight officer” for “naval aviation observer”.
Subsecs. (b), (c). Pub. L. 91–198 inserted “or naval flight officer” after “naval aviator”.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8163 (ARMED FORCES)
§ 8163. Naval shipyards
Commanders of naval shipyards may be selected by the President from officers of the Navy not below the grade of commander.
(Aug. 10, 1956, ch. 1041, 70A Stat. 371, § 5943; renumbered § 8163, Pub. L. 115–232, div. A, title VIII, § 807(b)(5), Aug. 13, 2018, 132 Stat. 1834.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
5943
34 U.S.C. 501.
R.S. 1542.
The words “Commanders of naval shipyards” are substituted for the words “commandants of the several navy yards” to conform to present terminology. The words “of the Navy” are inserted for clarity.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 5943 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8164 (ARMED FORCES)
§ 8164. Marine Corps officers: limitation on power to command
Officers of the Marine Corps may not command vessels or naval shipyards.
(Aug. 10, 1956, ch. 1041, 70A Stat. 371, § 5944; renumbered § 8164, Pub. L. 115–232, div. A, title VIII, § 807(b)(5), Aug. 13, 2018, 132 Stat. 1834.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
5944
34 U.S.C. 713.
R.S. 1617.
The words “of the United States” are omitted as surplusage. The word “command” is substituted for the words “exercise command over any”.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 5944 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8165 (ARMED FORCES)
§ 8165. Staff corps officers: limitation on power to command
An officer in a staff corps may command only such activities as are appropriate to his corps.
(Aug. 10, 1956, ch. 1041, 70A Stat. 371, § 5945; Pub. L. 90–130, § 1(21), Nov. 8, 1967, 81 Stat. 380; renumbered § 8165, Pub. L. 115–232, div. A, title VIII, § 807(b)(5), Aug. 13, 2018, 132 Stat. 1834.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
5945
34 U.S.C. 253.
R.S. 1488; Mar. 3, 1899, ch. 413, § 7 (3d proviso of 2d sentence, and 3d sentence), 30 Stat. 1006; June 24, 1910, ch. 378, 36 Stat. 614 (3d proviso).
34 U.S.C. 30h (1st 23 words).
Aug. 4, 1947, ch. 459, § 207 (1st 23 words), 61 Stat. 738; renumbered § 206, Aug. 7, 1947, ch. 512, § 433(b), 61 Stat. 881.
34 U.S.C. 43d (proviso).
Apr. 16, 1947, ch. 38, § 205 (proviso), 61 Stat. 48.
The provision of § 7 of the Act of March 3, 1899 (supra), relating to relative rank is omitted as executed. The provision that the rank conferred upon staff corps officers shall not change their titles is omitted because these titles were abolished by § 405 of the Officer Personnel Act of 1947 (34 U.S.C. 10a) and the corresponding line grades substituted. The cited proviso in the Act of June 24, 1910 (34 U.S.C. 253 (proviso)) is omitted as obsolete because the officers referred to were officers of the Construction Corps which has been abolished.
The first sentence of this section is phrased so as to reflect the accepted meaning of the cited provision. 34 U.S.C. 253, as worded, if interpreted literally, could be held to prohibit, for example, the assignment of members of the Medical Service Corps, Nurse Corps, and Hospital Corps to duty under officers of the Medical Corps, despite the fact that all of these corps were established by law within the Medical Department of the Navy. The provision is not so interpreted. It is understood to restrict only the types of activities that staff corps officers may command, and not to restrict to a single corps the personnel who may be assigned to an activity commanded by a staff corps officer.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 5945 of this title as this section.
1967—Pub. L. 90–130 struck out provision that an officer in the Nurse Corps may not exercise command.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8166 (ARMED FORCES)
§ 8166. Precedence accorded commanding officers
The commanding officer of a vessel or of a naval station takes precedence over all officers under his command.
(Aug. 10, 1956, ch. 1041, 70A Stat. 372, § 5946; renumbered § 8166, Pub. L. 115–232, div. A, title VIII, § 807(b)(5), Aug. 13, 2018, 132 Stat. 1834.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
5946
34 U.S.C. 246.
R.S. 1468.
The word “placed” is omitted as surplusage. The words “of war” are omitted to avoid an erroneous implication that the section does not apply to the commanding officers of noncombatant ships of the Navy. As of the date of enactment of R.S. 1468, all vessels of the Navy were “vessels of war”; the elimination of the words, therefore, preserves the purpose of the statute.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 5946 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8167 (ARMED FORCES)
§ 8167. Requirement of exemplary conduct
All commanding officers and others in authority in the naval service are required to show in themselves a good example of virtue, honor, patriotism, and subordination; to be vigilant in inspecting the conduct of all persons who are placed under their command; to guard against and suppress all dissolute and immoral practices, and to correct, according to the laws and regulations of the Navy, all persons who are guilty of them; and to take all necessary and proper measures, under the laws, regulations, and customs of the naval service, to promote and safeguard the morale, the physical well-being, and the general welfare of the officers and enlisted persons under their command or charge.
(Aug. 10, 1956, ch. 1041, 70A Stat. 372, § 5947; renumbered § 8167, Pub. L. 115–232, div. A, title VIII, § 807(b)(5), Aug. 13, 2018, 132 Stat. 1834.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
5947
34 U.S.C. 265.
May 5, 1950, ch. 169, § 7(c), 64 Stat. 146.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 5947 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8168 (ARMED FORCES)
§ 8168. Consular powers: senior officer present afloat
In any foreign port where there is no resident consul of the United States, or on the high seas, the senior officer present afloat has the powers of a consul in relation to mariners of the United States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 372, § 5948; renumbered § 8168, Pub. L. 115–232, div. A, title VIII, § 807(b)(5), Aug. 13, 2018, 132 Stat. 1834.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
5948
34 U.S.C. 217.
R.S. 1433.
The words “the senior officer present afloat” are substituted for the words “The commanding officer of any fleet, squadron, or vessel acting singly”. At the time of enactment of the Revised Statutes, the word “squadron” meant any number of vessels more than one. Today the concept of “senior officer present afloat” covers as nearly as possible the current equivalent of the original statute.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 5948 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8169 (ARMED FORCES)
§ 8169. Policy as to leave and liberty
The commanding officer of a vessel shall favor the faithful and obedient in granting leave and liberty.
(Aug. 10, 1956, ch. 1041, 70A Stat. 372, § 5949; renumbered § 8169, Pub. L. 115–232, div. A, title VIII, § 807(b)(5), Aug. 13, 2018, 132 Stat. 1834.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
5949
34 U.S.C. 220.
R.S. 1431.
The words “to exercise carefully a discrimination in” are omitted as surplusage. The words “leave and liberty” are substituted for “temporary leave of absence and liberty on shore” to conform to modern terminology.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 5949 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8171 (ARMED FORCES)
§ 8171. Continuation of authority after loss of vessel or aircraft
If the crew of any naval vessel or naval aircraft are separated from their vessel or aircraft because of its wreck, loss, or destruction, all the command and authority given to the officers of the vessel or aircraft remain in full force until the crew are discharged or reassigned.
(Aug. 10, 1956, ch. 1041, 70A Stat. 372, § 5951; renumbered § 8171, Pub. L. 115–232, div. A, title VIII, § 807(b)(5), Aug. 13, 2018, 132 Stat. 1834.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
5951
34 U.S.C. 264.
May 5, 1950, ch. 169, § 7(a), 64 Stat. 145.
The word “officers” is substituted for the word “officer” since the cited subsection of the Act of May 5, 1950, was intended to reenact the substance of Article 21 of the Articles for the Government of the Navy (R.S. 1624; 34 U.S.C. 1200), in which the word “officers” was used. The words “regularly” and “by competent authority” are omitted as surplusage.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 5951 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8172 (ARMED FORCES)
§ 8172. Marine Corps organizations on vessels: authority of officers
When an organization of the Marine Corps is embarked in any vessel, not as part of the authorized complement of the vessel, the authority of the officers of that organization is the same as though the organization were serving at a naval station. However, this section does not impair the paramount authority of the commanding officer of a vessel over the vessel and all persons embarked in it.
(Aug. 10, 1956, ch. 1041, 70A Stat. 372, § 5952; renumbered § 8172, Pub. L. 115–232, div. A, title VIII, § 807(b)(5), Aug. 13, 2018, 132 Stat. 1834.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
5952
34 U.S.C. 623c.
May 5, 1950, ch. 169, § 7(b), 64 Stat. 145.
The words “organization of the Marine Corps” are substituted for “force of marines” for clarity. The words “or vessels”, “and powers”, “on shore”, and “under his command” are omitted as surplusage.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 5952 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8185 (ARMED FORCES)
§ 8185. Nautical Schools: detail of naval officers as superintendents or instructors
The President may detail officers of the Navy as superintendents or instructors of institutions receiving benefits under chapter 515 of title 46 when in his opinion it can be done without detriment to the naval service. Officers so detailed shall be recalled from an institution if it is discontinued or if the good of the naval service requires.
(Aug. 10, 1956, ch. 1041, 70A Stat. 374, § 5985; Pub. L. 99–145, title XIII, § 1303(a)(21), Nov. 8, 1985, 99 Stat. 739; Pub. L. 109–304, § 17(a)(5), Oct. 6, 2006, 120 Stat. 1706; renumbered § 8185, Pub. L. 115–232, div. A, title VIII, § 807(b)(6), Aug. 13, 2018, 132 Stat. 1834.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
5985
34 U.S.C. 1123 (less 1st proviso as applicable to vessels, and less 2d proviso).
Mar. 4, 1911, ch. 265, § 3 (less 1st proviso as applicable to vessels, and less 2d proviso), 36 Stat. 1353.
The words “naval service” are substituted for the words “public service” for uniformity within the section. The citation of the act establishing the nautical institutions is substituted for the words “such schools” for clarity. The word “proper” is omitted as surplusage.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 5985 of this title as this section.
2006—Pub. L. 109–304 substituted “chapter 515 of title 46” for “section 1304 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1295c),”.
1985—Pub. L. 99–145 substituted “section 1304 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1295c)” for “the Act of March 4, 1911, ch. 265, 36 Stat. 1353, as amended”.
heading: Effective Date of 2018 Amendment
text: 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.