Section 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.| HISTORICAL AND REVISION NOTE |
| 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The last proviso of §8 of the Act of July 12, 1921, ch. 44 ( 34 U.S.C. 734 ), was superseded by paragraphs 4, 5, and 7 of §3 of the Act of June 24, 1926, ch. 668 ( 34 U.S.C. 735 ), insofar as ships and activities mentioned in those paragraphs are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.EDITORIAL NOTES
AMENDMENTS2018- 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".
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.
- officer
- The term "officer" means a commissioned or warrant officer.