2021 US Code
Title 10 - Armed Forces
Subtitle C - Navy and Marine Corps
Part II - Personnel
Chapter 821 - Officers in Command
Sec. 8165 - Staff corps officers: limitation on power to command

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Citation 10 U.S.C. § 8165 (2021)
Section Name §8165. Staff corps officers: limitation on power to command
Section Text

An officer in a staff corps may command only such activities as are appropriate to his corps.

Source Credit

(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.)

Editorial Notes
Historical and Revision Notes
Revised sectionSource (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.


EDITORIAL NOTES AMENDMENTS

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.


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.

Publication Title United States Code, 2018 Edition, Supplement 3, Title 10 - ARMED FORCES
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART II - PERSONNEL
CHAPTER 821 - OFFICERS IN COMMAND
Sec. 8165 - Staff corps officers: limitation on power to command
Contains section 8165
Date 2021
Laws In Effect As Of Date January 3, 2022
Positive Law Yes
Disposition standard
Statutes at Large References 30 Stat. 1006
36 Stat. 614
61 Stat. 48, 738, 881
81 Stat. 380
132 Stat. 1834
Public Law References Public Law 90-130, Public Law 115-232
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