10 U.S.C. § 8090 — Staff corps of the Navy

Page 3178 TITLE 10—ARMED FORCES § 8090 of the Navy provided for by subsections (b) and (c) of section 5149 [now 8089] of title 10, United States Code.’’ OFFICER SERVING AS DEPUTY AND ASSISTANT JUDGE ADVOCATE OF THE NAVY ON DEC. 7, 1967; RANK; RE- TIREMENT BENEFITS Pub. L. 90–179, § 9, Dec. 8, 1967, 81 Stat. 549, provided that: ‘‘Nothing in this Act [enacting sections 5578a and 5587a of this title, amending this section, sections 801, 806, 815, 827, 865, 936, 5148, 5404, 5508, 5581, 5587, 5600, 5652a, 5702, 5708, 5753, 5762, 5896, 5897, and 6378 of this title, and section 202 of Title 37, and enacting provi- sions set out as notes under this section and section 5184 of this title] shall operate to terminate or reduce the term of an officer who was serving as Deputy and Assistant Judge Advocate General of the Navy on the day before the effective date of this Act [Dec. 8, 1967] or to deprive to him of the rank, pay, allowances, or re- tirement privileges to which he was then entitled. Not- withstanding any other provision of law, an officer who was so serving on the day before the effective date of this Act shall be deemed to be detailed as Deputy Judge Advocate General, pursuant to section 5149 [now 8089] of title 10, United States Code, as amended by this Act [this section], and in addition to rights and benefits then accrued, to be entitled to the rank and retirement benefits authorized by that section. For the purposes of determining his eligibility for the retirement benefits authorized by section 5149 [now 8089] of title 10, United States Code, as amended by this Act [this section], an officer who is serving as Deputy Judge Advocate Gen- eral on the effective date of this Act shall be credited with all service performed under appointment or detail as Deputy and Assistant Judge Advocate General be- fore the effective date of this Act.’’ Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of Defense, see section 1(8) of Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under section 301 of Title 3, The President. § 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; (5) the Supply Corps; (6) the Civil Engineer Corps; (7) the Nurse Corps; (8) the Medical Service Corps; and (9) such other staff corps as may be estab- lished by the Secretary of the Navy under sub- section (b). (b)(1) The Secretary of the Navy may establish staff corps of the Navy in addition to the staff corps specified in subsection (a). 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; renum- bered § 8090, Pub. L. 115–232, div. A, title VIII, § 807(a)(2), Aug. 13, 2018, 132 Stat. 1834; Pub. L. 118–159, div. A, title IX, § 923, Dec. 23, 2024, 138 Stat. 2039.) Editorial Notes AMENDMENTS 2024—Subsec. (a)(5) to (9). Pub. L. 118–159, § 923(a), added pars. (5) to (8) and redesignated former par. (5) as (9). Subsec. (b)(1). Pub. L. 118–159, § 923(b), substituted ‘‘staff corps specified in subsection (a)’’ for ‘‘Medical Corps, the Dental Corps, the Judge Advocate General’s Corps, and the Chaplain Corps’’. 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), sub- stituted ‘‘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 estab- lished 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 of- ficer 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 pro- motion 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 ‘‘com- modore’’ for ‘‘commodore admiral’’. Pub. L. 97–22 substituted ‘‘Nurse Corps or in the Med- ical Service Corps (if such corps has been established under subsection (a)) for promotion to the grade of commodore admiral’’ for ‘‘Nurse Corps or Medical Serv- ice Corps for promotion to the grade of commodore ad- miral 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 se- lected 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 Page 3179 TITLE 10—ARMED FORCES § 8090 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 of- ficer 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 in- cluded 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 sec- tion 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 manage- ment 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 Pen- alties .................................................. 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 con- formed 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 Re- serve’’, 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, in- serted ‘‘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 MARITIME WORKFORCE PROMOTION AND RECRUITMENT Pub. L. 118–159, div. A, title V, § 539A, Dec. 23, 2024, 138 Stat. 1890, provided that: ‘‘(a) CONTRACT FOR TARGETED CAMPAIGN.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of the Navy, in coordi- nation with the heads of such other Federal agencies as the Secretary determines appropriate, shall seek to enter into a contract with an entity described in sub- section (b), through a competitive bidding process, for the establishment a targeted campaign to educate and recruit potential workers regarding careers in the mar- itime sector, including by— ‘‘(1) promoting maritime workforce in the United States including careers in the maritime industry afloat, including in the United States Merchant Ma- rine, sailing in the Military Sealift Command, and re- lated positions in the maritime sector; and ‘‘(2) promoting the United States shipbuilding in- dustry and highlighting the critical need to attract skilled workers in the shipbuilding and related mari- time sectors. ‘‘(b) ENTITY DESCRIBED.—An entity described in this subsection is a reputable marketing, recruiting, and public relations firm with expertise in developing and deploying branding, content, advertising buys, and local and national engagement strategies. ‘‘(c) CAMPAIGN OBJECTIVES.—A contract entered into under subsection (a) shall provide that the campaign carried out pursuant to the contract shall— ‘‘(1) emphasize the importance of the maritime workforce for national security; ‘‘(2) showcase the numerous career opportunities available in the maritime domain; ‘‘(3) highlight the career opportunities in the mari- time sector; ‘‘(4) promote the excitement, benefits, and appeal of a career in the maritime industry; ‘‘(5) inform potential workers of the points of entry available to join and receive training for such em- ployment, including— ‘‘(A) the United States Merchant Marine Acad- emy; ‘‘(B) State and regional maritime academies de- scribed in chapter 515 of title 46, United States Code; ‘‘(C) centers of excellence for domestic maritime workforce training and education designated under section 51706 of title 46, United States Code; ‘‘(D) the Military to Mariners Act [of 2022] (46 U.S.C. 7302 note); ‘‘(E) merchant mariner and shipbuilding labor union training facilities; ‘‘(F) merchant mariner and shipbuilding appren- ticeship programs approved by the Secretary of Labor; ‘‘(G) shipbuilding industry training programs; and ‘‘(H) any other potential resources as identified by the Secretary of the Navy; ‘‘(6) inform potential workers of sources of finan- cial assistance for training for individuals interested in joining such industry; and