dreamproit/uscode huggingface dataset:
10 U.S.C. § 8112 (ARMED FORCES)
§ 8112. Marine Corps: grades above chief warrant officer, W–5
The commissioned grades in the Marine Corps above the grade of chief warrant officer, W–5, are:
(1) General.
(2) Lieutenant general.
(3) Major general.
(4) Brigadier general.
(5) Colonel.
(6) Lieutenant colonel.
(7) Major.
(8) Captain.
(9) First lieutenant.
(10) Second lieutenant.
(Aug. 10, 1956, ch. 1041, 70A Stat. 314, § 5502; Pub. L. 102–190, div. A, title XI, § 1131(8)(A), Dec. 5, 1991, 105 Stat. 1506; renumbered § 8112, 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)
5502
34 U.S.C. 651.
R.S. 1603.
34 U.S.C. 629.
July 1, 1918, ch. 114, 40 Stat. 715 (1st par.).
34 U.S.C. 623b(a) (as applicable to grade of lieutenant general).
Aug. 7, 1947, ch. 512, § 415(a) (as applicable to grade of lieutenant general), 61 Stat. 876.
34 U.S.C. 622 (as applicable to grade of general).
Jan. 20, 1942, ch. 10, § 1, 56 Stat. 10; Aug. 7, 1947, ch. 512, § 429 (as applicable to grade of general), 61 Stat. 880.
R.S. 1603 provides that officers of the Marine Corps shall be on the same footing as officers of similar grades in the Army. Recognition is made of the grades existing in the Army for the purpose of listing the grades authorized for the Marine Corps.
The provisions of the Act of July 1, 1918, ch. 114, 40 Stat. 715 (1st par.), pertaining to the appointment of a major general in addition to the Major General Commandant and a temporary major general were superseded by the Act of May 29, 1934, ch. 367, § 2, 48 Stat. 812, which in turn was repealed by § 436(e) of the Officer Personnel Act of 1947, 61 Stat. 882.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 5502 of this title as this section.
1991—Pub. L. 102–190 substituted “W–5” for “W–4” in section catchline and text.
heading: Statutory Notes and Related Subsidiaries
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 1991 Amendment
text: Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of this title.
10 U.S.C. § 8113 (ARMED FORCES)
§ 8113. Navy and Marine Corps: warrant officer grades
The warrant officer grades in the Navy and the Marine Corps are:
(1) Chief warrant officer, W–5.
(2) Chief warrant officer, W–4.
(3) Chief warrant officer, W–3.
(4) Chief warrant officer, W–2.
(5) Warrant officer, W–1.
(Aug. 10, 1956, ch. 1041, 70A Stat. 314, § 5503; Pub. L. 102–190, div. A, title XI, § 1131(9), Dec. 5, 1991, 105 Stat. 1506; renumbered § 8113, 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)
5503
34 U.S.C. 135a(a) (less last sentence).
May 29, 1954, ch. 249, § 3(a) (less 3d and last sentence), 68 Stat. 157.
This section is included in subtitle C for completeness and clarity. In duplicates, in part, §§ 555 and 597 of this title, which cover, respectively, the “permanent regular warrant officer grades” and the “permanent reserve warrant officer grades” in the armed forces. The concept that regular grades differ from reserve grades and that a grade held under a permanent appointment differs from the grade of the same name held under a temporary appointment is foreign to the naval service. In the Navy and the Marine Corps, all officers serving, for example, in the grade of chief warrant officer, W–4, are considered to be serving in the same grade regardless of whether they are Regulars or Reserves and regardless of whether they are temporary or permanent officers holding temporary or permanent appointments in that grade. This section, therefore, lists the four warrant officer grades as applicable to all warrant officers of the naval service.
Reference to the pay grades corresponding to the military grades is omitted as unnecessary for the purpose of this section.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 5503 of this title as this section.
1991—Pub. L. 102–190 added par. (1) and redesignated former pars. (1) to (4) as (2) to (5), respectively.
heading: Statutory Notes and Related Subsidiaries
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 1991 Amendment
text: Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of this title.
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 5943 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 5944 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 5946 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 5947 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 5948 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
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.