Us Code § 8090 - Staff corps of the Navy

Full text of Us Code United States Code § 8090 — Staff corps of the Navy, with citation guidance and answers to common questions.

§ 8090. Staff corps of the Navy

(a) The staff corps of the Navy are—

(1) the Medical Corps;

(2) the Dental Corps;

(3) the Judge Advocate General's Corps;

(4) the Chaplain Corps; and

(5) such other staff corps as may be established by the Secretary of the Navy under subsection (b).


(b)(1) The Secretary of the Navy may establish staff corps of the Navy in addition to the Medical Corps, the Dental Corps, the Judge Advocate General's Corps, and the Chaplain Corps. The Secretary may designate commissioned officers in, and may assign members to, any such staff corps.

(2) The Secretary of the Navy may provide for the appointment of the chief of any staff corps established under this subsection.

(Added Pub. L. 96–513, title III, §351, Dec. 12, 1980, 94 Stat. 2902, §5155; amended Pub. L. 97–22, §6(a), July 10, 1981, 95 Stat. 129; Pub. L. 97–86, title IV, §405(b)(1), Dec. 1, 1981, 95 Stat. 1105; renumbered §5150, Pub. L. 99–433, title V, §514(a)(2), Oct. 1, 1986, 100 Stat. 1054; Pub. L. 99–661, div. A, title XIII, §1343(a)(23), Nov. 14, 1986, 100 Stat. 3994; Pub. L. 100–26, §3(7), Apr. 21, 1987, 101 Stat. 274; Pub. L. 102–190, div. A, title X, §1061(a)(22)(A), Dec. 5, 1991, 105 Stat. 1473; Pub. L. 107–314, div. A, title V, §504(a)(2), Dec. 2, 2002, 116 Stat. 2531; Pub. L. 112–239, div. A, title V, §501(b), Jan. 2, 2013, 126 Stat. 1714; Pub. L. 114–328, div. A, title V, §502(hh), Dec. 23, 2016, 130 Stat. 2105; renumbered §8090, Pub. L. 115–232, div. A, title VIII, §807(a)(2), Aug. 13, 2018, 132 Stat. 1834.)


Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 5150 of this title as this section.

2016—Subsec. (b)(2). Pub. L. 114–328, §502(hh)(1), substituted "The Secretary" for "Subject to subsection (c), the Secretary".

Subsec. (c). Pub. L. 114–328, §502(hh)(2), struck out subsec. (c) which read as follows: "The Secretary of the Navy, whenever the needs of the service require, may convene a selection board under section 611(a) of this title to select an officer in the Nurse Corps or in the Medical Service Corps (if such corps has been established under subsection (a)) for promotion to the grade of rear admiral, in the case of an officer in the Nurse Corps, or rear admiral (lower half), in the case of an officer in the Medical Service Corps. An officer promoted pursuant to such a selection shall be appointed by the Secretary to the position of Director of the Nurse Corps or Director of the Medical Service Corps, respectively, for a term of four years, to serve at the pleasure of the Secretary."

2013—Subsec. (c). Pub. L. 112–239 struck out at end "For the purpose of computing the total number of flag officers in the staff corps of the Navy under section 526 of this title, an officer so appointed shall be considered an additional number in grade."

2002—Subsec. (c). Pub. L. 107–314 substituted "for promotion to the grade of rear admiral, in the case of an officer in the Nurse Corps, or rear admiral (lower half), in the case of an officer in the Medical Service Corps" for "for promotion to the grade of rear admiral (lower half)" in first sentence.

1991—Subsec. (c). Pub. L. 102–190 substituted "section 526" for "section 5444".

1987—Subsec. (c). Pub. L. 100–26 made technical amendment to directory language of Pub. L. 99–661, §1343(a)(23). See 1986 Amendment note below.

1986—Pub. L. 99–433 renumbered section 5155 of this title as this section.

Subsec. (c). Pub. L. 99–661, as amended by Pub. L. 100–26, substituted "rear admiral (lower half)" for "commodore".

1981—Subsec. (c). Pub. L. 97–86 substituted "commodore" for "commodore admiral".

Pub. L. 97–22 substituted "Nurse Corps or in the Medical Service Corps (if such corps has been established under subsection (a)) for promotion to the grade of commodore admiral" for "Nurse Corps or Medical Service Corps for promotion to the grade of commodore admiral or rear admiral, as appropriate", substituted "An officer promoted pursuant to such a selection shall be appointed by the Secretary to the position of Director of the Nurse Corps or Director of the Medical Service Corps, respectively, for a term of four years, to serve at the pleasure of the Secretary" for "An officer so selected shall be appointed by the President, by and with the advice and consent of the Senate, for a term of four years to serve in the position, respectively, of Director of the Nurse Corps or Director of the Medical Service Corps", and inserted provision that for the purpose of computing the total number of flag officers in the staff corps of the Navy under section 5444 of this title, an officer so appointed shall be considered an additional number in grade.


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 1987 Amendment

Amendment by Pub. L. 100–26 applicable as if included in Pub. L. 99–661 when enacted on Nov. 14, 1986, see section 12(a) of Pub. L. 100–26, set out as a note under section 776 of this title.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–86 effective Sept. 15, 1981, see section 405(f) of Pub. L. 97–86, set out as a note under section 101 of this title.

Effective Date

Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.

Transition Provisions Under Defense Officer Personnel Management Act

For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96–513 and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Pub. L. 96–513, see section 601 et seq. of Pub. L. 96–513, set out as a note under section 611 of this title.

PART II—PERSONNEL

Chap.
Sec.
811.
Distribution in Grade
8101
812.
Grade and Rank of Officers
8111
813.
Enlistments
8120
815.
Original Appointments
8132
821.
Officers in Command
8162
823.
Special Assignments and Details
8183
825.
Administration
8211
827.
Rations
8241
829.
Miscellaneous Prohibitions and Penalties
8253
831.
Miscellaneous Rights and Benefits
8261
833.
Hospitalization and Medical Care
8281
835.
Bands
8286
837.
Decorations and Awards
8291
839.
Discharge of Enlisted Members
8317
841.
Voluntary Retirement
8321
843.
Involuntary Retirement, Separation, and Furlough
8371
845.
Recall to Active Duty
8383
847.
Death Benefits; Care of the Dead
8392

        


Editorial Notes

Amendments

2018—Pub. L. 115–232, div. A, title VIII, §807(f)(2), Aug. 13, 2018, 132 Stat. 1838, redesignated items for chapters 533 to 577 as 811 to 847 and redesignated section numbers 5441 to 6521 as 8101 to 8392. Section numbers were conformed to the first section appearing in each chapter after renumbering by Pub. L. 115–232 to reflect the probable intent of Congress.

1994—Pub. L. 103–337, div. A, title XVI, §1673(a)(3), Oct. 5, 1994, 108 Stat. 3015, struck out items for chapters 531 "Strength of Naval Reserve and Marine Corps Reserve", 541 "Running Mates for Reserve Officers", and 549 "Reserve Promotions".

1980—Pub. L. 96–513, title V, §503(16), Dec. 12, 1980, 94 Stat. 2912, inserted "of Naval Reserve and Marine Corps Reserve" after "Strength" in item for chapter 531, inserted "for Reserve Officers" after "Running Mates" in item for chapter 541, struck out item for chapter 543 "Selection Boards", added item for chapter 544, and struck out items for chapter 545 "Promotions" and for chapter 547 "Examinations for Promotion".

1958—Pub. L. 85–861, §1(134), Sept. 2, 1958, 72 Stat. 1507, added item for chapter 549.


Statutory Notes and Related Subsidiaries

Authorization To Pay a Living Quarters Allowance for Department of the Navy Civilian Employees Assigned to Permanent Duty in Guam for Performing Work, or Supporting Work Being Performed, Aboard or Dockside, of U.S. Naval Vessels

Pub. L. 118–31, div. A, title XI, §1102, Dec. 22, 2023, 137 Stat. 426, provided that:

"(a) Allowance.—When Government owned or rented quarters are not otherwise provided without charge to a covered employee, the Secretary of the Navy may grant to a covered employee one or more of the following allowances:

"(1) A living quarters allowance for rent, heat, light, fuel, gas, electricity, and water. The Secretary is authorized to pay such allowance by reimbursement or by advance payments.

"(2) Under unusual circumstances, as determined by the Secretary, payment or reimbursement for extraordinary, necessary, and reasonable expenses, not otherwise compensated for, incurred in initial repairs, alterations, and improvements to the privately leased residence in Guam of a covered employee—

"(A) the expenses are administratively approved in advance; and

"(B) the duration and terms of the lease justify payment of the expenses by the Government.

"(b) Covered Employee Defined.—In this section, the term 'covered employee' means any civilian employee of the Department of the Navy who is assigned to permanent duty in Guam for performing work or supporting work being performed, aboard or dockside, of U.S. naval vessels."

Suspension of Certain Sections of Title 10 and Amendments to Officer Personnel Act of 1947

Act Aug. 10, 1956, ch. 1041, §48, 70A Stat. 639, as amended by Pub. L. 109–163, div. A, title V, §515(h), Jan. 6, 2006, 119 Stat. 3237, provided that:

"Sec. 48. (a) Except as they may apply to women officers of the Regular Navy or the Regular Marine Corps appointed under [former] section 5590 of title 10, United States Code, enacted by section 1 of this Act, the following sections of title 10 cease to operate whenever the number of male officers serving on active duty in the grade of ensign or above in the line of the Navy does not exceed the number of male officers holding permanent appointments in the grade of ensign or above on the active list in the line of the Regular Navy: Sections 5505 [former 10 U.S.C. 5505], 5508 [now 8118], 5596 [now 8146], [former] 5651–5663, [former] 5701–5703, [former] 5705–5711, [former] 5751, [former] 5753–5759, [former] 5761, [former] 5762, [former] 5764–5770, [former] 5785, [former] 5786, [former] 5791, 6371–6384 [10 U.S.C. 6371, 6383 now 10 U.S.C. 8371, 8372; former 10 U.S.C. 6372–6382, 6384], [former] 6386, [former] 6407.

"(b) For the purposes of subsection (a), the following officers may not be considered officers serving on active duty:

"(1) Retired officers.

"(2) Officers of the Navy Reserve assigned to active duty for training.

"(3) Officers of the Navy Reserve ordered to active duty in connection with organizing, administering, recruiting, instructing, or drilling the Navy Reserve or the Marine Corps Reserve.

"(4) Officers of the Navy Reserve ordered to temporary active duty for the purpose of prosecuting special work.

"(c) Title IV of the Officer Personnel Act of 1947 (61 Stat. 869), as amended, is amended by adding the following new section at the end thereof:

"[Sec. 437. Repealed. Pub. L. 104–106, div. A, title XV, §1505(a), Feb. 10, 1996, 110 Stat. 514.]"

CHAPTER 811—DISTRIBUTION IN GRADE

Sec.
8101.
Prescribed number; vacancies.
8102.
Regular Navy: retired flag officers on active duty.
8103.
Suspension: preceding sections.

        

Editorial Notes

Amendments

2018—Pub. L. 115–232, div. A, title VIII, §807(e)(2)(B), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated chapter 533 of this title as this chapter and items 5441, 5450, and 5451 as 8101 to 8103, respectively.

1996—Pub. L. 104–106, div. A, title XV, §1501(c)(20), Feb. 10, 1996, 110 Stat. 499, struck out item 5454 "Computations: rule when fraction occurs in final result".

1994—Pub. L. 103–337, div. A, title XVI, §1673(b)(1), Oct. 5, 1994, 108 Stat. 3016, struck out items 5456 "Naval Reserve and Marine Corps Reserve", 5457 "Naval Reserve: officers in an active status in grades above chief warrant officer, W–⁠5", and 5458 "Marine Corps Reserve: officers in an active status in grades above chief warrant officer, W–⁠5".

1991—Pub. L. 102–190, div. A, title XI, §1131(8)(B), Dec. 5, 1991, 105 Stat. 1506, substituted "W–⁠5" for "W–4" in items 5457 and 5458.

1990—Pub. L. 101–510, div. A, title IV, §403(b)(2)(B), Nov. 5, 1990, 104 Stat. 1545, struck out items 5442 "Navy: line officers on active duty; rear admirals (lower half) and rear admirals", 5443 "Marine Corps: officers on active duty; brigadier generals and major generals", 5444 "Navy: staff corps officers on active duty; rear admirals (lower half) and rear admirals", and 5446 "Application: sections 5442, 5443, 5444".

1985—Pub. L. 99–145, title V, §514(b)(6)(B), (7)(B), Nov. 8, 1985, 99 Stat. 629, substituted "rear admirals (lower half)" for "commodores" in items 5442 and 5444.

1981—Pub. L. 97–86, title IV, §405(b)(6)(B), (7)(B), Dec. 1, 1981, 95 Stat. 1106, substituted "commodores" for "commodore admirals" in items 5442 and 5444.

Pub. L. 97–22, §10(b)(6)(B), July 10, 1981, 95 Stat. 137, struck out item 5455 "Computations and determinations: effect on status of officers".

1980—Pub. L. 96–513, title V, §§503(18), 513(9)(A), Dec. 12, 1980, 94 Stat. 2912, 2931, inserted "; commodore admirals and rear admirals" in item 5442, inserted "; brigadier generals and major generals" in item 5443, inserted "; commodore admirals and rear admirals" in item 5444, struck out items 5445 "Suspension: sections 5442, 5443, 5444", 5447 "Navy: line officers on the active list; permanent grade", 5448 "Marine Corps: officers on the active list; permanent grade", 5449 "Navy: staff corps officers on the active list; permanent grade", and 5452 "Navy: women line officers on active duty; Marine Corps: women officers on active duty", and substituted "in grades" for "in permanent grades" in items 5457 and 5458.

1967—Pub. L. 90–130, §1(17)(F), (H), Nov. 8, 1967, 81 Stat. 377, struck out item 5453 "Marine Corps: women officers on the active list; permanent grade", and substituted: "Navy: women line officers on active duty; Marine Corps: women officers on active duty" for "Navy: women line officers on the active list; permanent grade" in item 5452.

1958—Pub. L. 85–861, §1(113)(B), Sept. 2, 1958, 72 Stat. 1492, added items 5457 and 5458.

About This Section

10 U.S.C. § 8090 is part of Title 10 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

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