
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: 10USC5945]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                    CHAPTER 551--OFFICERS IN COMMAND
 
Sec. 5945. 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; Pub. L. 90-130, Sec. 1(21), 
Nov. 8, 1967, 81 Stat. 380.)

                                          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,
                                                                              S
ec.  7 (3d proviso of 2d
                                                                              s
entence, and 3d sentence), 30
                                                                              S
tat. 1006; June 24, 1910, ch.
                                                                              3
78, 36 Stat. 614 (3d proviso).
                                        34 U.S.C. 30h (1st 23 words).        Au
g. 4, 1947, ch. 459, Sec.  207
                                                                              (
1st 23 words), 61 Stat. 738;
                                                                              r
enumbered Sec.  206, Aug. 7,
                                                                              1
947, ch. 512, Sec.  433(b), 61
                                                                              S
tat. 881.
                                        34 U.S.C. 43d (proviso).             Ap
r. 16, 1947, ch. 38, Sec.  205
                                                                              (
proviso), 61 Stat. 48.
-------------------------------------------------------------------------------
---------------------------------

    The provision of Sec. 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 Sec. 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.


                               Amendments

    1967--Pub. L. 90-130 struck out provision that an officer in the 
Nurse Corps may not exercise command.
