10 U.S.C. § 8001

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 8001 - Definitions

(a) In this subtitle:

(1) The term "Navy" means the United States Navy. It includes the Regular Navy, the Fleet Reserve, and the Navy Reserve.

(2) The term "Marine Corps" means the United States Marine Corps. It includes the Regular Marine Corps, the Fleet Marine Corps Reserve, and the Marine Corps Reserve.

(3) The term "member of the naval service" means a person appointed or enlisted in, or inducted or conscripted into, the Navy or the Marine Corps.

(4) The term "enlisted member" means a member of the naval service serving in an enlisted grade or rating. It excludes, unless otherwise specified, a member who holds a permanent enlisted grade and a temporary appointment in a commissioned or warrant officer grade.

(5) The term "officer" means a member of the naval service serving in a commissioned or warrant officer grade. It includes, unless otherwise specified, a member who holds a permanent enlisted grade and a temporary appointment in a commissioned or warrant officer grade.

(6) The term "commissioned officer" means a member of the naval service serving in a grade above warrant officer, W-1. It includes, unless otherwise specified, a member who holds a permanent enlisted grade or the permanent grade of warrant officer, W-1, and a temporary appointment in a grade above warrant officer, W-1.

(7) The term "warrant officer" means a member of the naval service serving in a warrant officer grade. It includes, unless otherwise specified, a member who holds a permanent enlisted grade and a temporary appointment in a warrant officer grade.

(8) The term "officer restricted in the performance of duty" means an officer of the Navy designated for engineering duty, aeronautical engineering duty, special duty, or limited duty, or an officer of the Marine Corps designated for limited duty.

(b) For the purposes of this subtitle, a member of the naval service who holds a temporary appointment in a grade higher than his permanent grade is considered, unless otherwise specified, to be serving in the higher grade.

10 U.S.C. § 8001

Aug. 10, 1956, ch. 1041, 70A Stat. 276, §5001; Pub. L. 87-123, §5(1), Aug. 3, 1961, 75 Stat. 264; Pub. L. 96-513, title III, §371, title V, §513(2), Dec. 12, 1980, 94 Stat. 2903, 2931; Pub. L. 100-26, §7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 109-163, div. A, title V, §515(b)(1)(E), Jan. 6, 2006, 119 Stat. 3233; renumbered §8001, Pub. L. 115-232, div. A, title VIII, §807(a)(1), Aug. 13, 2018, 132 Stat. 1834.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 8010 was renumbered section 8011 of this title.

AMENDMENTS2018- Pub. L. 115-232 renumbered section 5001 of this title as this section. 2006-Subsec. (a)(1). Pub. L. 109-163 substituted "Navy Reserve" for "Naval Reserve". 1987-Subsec. (a). Pub. L. 100-26 inserted "The term" after each par. designation and struck out uppercase letter of first word after first quotation marks in pars. (3) to (8) and substituted lowercase letter.1980-Subsec. (a)(3). Pub. L. 96-513, §513(2), struck out ",male or female," after "person". Subsec. (a)(9), (10). Pub. L. 96-513, §371, struck out pars. (9) and (10) which defined the active lists of the Navy and the Marine Corps, respectively. See section 101 of this title. 1961-Subsec. (a)(8). Pub. L. 87-123 struck out provisions which related to Marine Corps officers designated for supply duty.

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.

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by section 371 of Pub. L. 96-513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96-513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96-513, set out as a note under section 101 of this title.Amendment by section 513(2) of Pub. L. 96-513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513.

includes: "includes" means "includes but is not limited to"; and
commissioned officer: The term "commissioned officer" includes a commissioned warrant officer.
enlisted member: The term "enlisted member" means a person in an enlisted grade.
grade: The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
officer: The term "officer" means a commissioned or warrant officer.
rating: The term "rating" means the name (such as "boatswain's mate") prescribed for members of an armed force in an occupational field. The term "rate" means the name (such as "chief boatswain's mate") prescribed for members in the same rating or other category who are in the same grade (such as chief petty officer or seaman apprentice).
warrant officer: The term "warrant officer" means a person who holds a commission or warrant in a warrant officer grade.