10 U.S.C. § 7069 — Army Nurse Corps: composition; Chief

Page 2993 TITLE 10—ARMED FORCES § 7069 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. AUGMENTATION OF ARMY MEDICAL DEPARTMENT BY DE- TAILING RESERVE OFFICERS OF PUBLIC HEALTH SERV- ICE Pub. L. 106–398, § 1 [[div. A], title VII, § 755(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–197, provided that: ‘‘(a) AUTHORITY.—The Secretary of the Army and the Secretary of Health and Human Services may jointly conduct a program to augment the Army Medical De- partment by exercising any authorities provided to those officials in law for the detailing of reserve com- missioned officers of the Public Health Service not in an active status to the Army Medical Department for that purpose. ‘‘(b) AGREEMENT.—The Secretary of the Army and the Secretary of Health and Human Services shall enter into an agreement governing any program conducted under subsection (a).’’ § 7068. Medical Service Corps: organization; Chief and assistant chiefs There is a Medical Service Corps in the Army. The Medical Service Corps consists of— (1) the Chief of the Medical Service Corps, who shall be appointed by the Secretary of the Army from among the officers of the Medical Service Corps whose regular grade is above captain; (2) the assistant chiefs of the Medical Serv- ice Corps, who shall be designated by the Sur- geon General from officers in that Corps and who shall be his consultants on activities re- lating to their sections; (3) commissioned officers of the Regular Army appointed therein; (4) other members of the Army assigned thereto by the Secretary of the Army; and (5) the following sections— (A) the Administrative Health Services Section; (B) the Medical Allied Sciences Section; (C) the Preventive Medicine Sciences Sec- tion; (D) the Clinical Health Sciences Section; and (E) other sections considered necessary by the Secretary of the Army. (Added Pub. L. 89–603, § 1(1), Sept. 24, 1966, 80 Stat. 846, § 3068; amended Pub. L. 97–295, § 1(37), Oct. 12, 1982, 96 Stat. 1296; Pub. L. 111–383, div. A, title V, § 594, Jan. 7, 2011, 124 Stat. 4234; renum- bered § 7068, Pub. L. 115–232, div. A, title VIII, § 808(a), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3068(a) ..... 10:81–1 (last sentence, less 5th through 14th words). 10:156a (less 2d sentence). June 28, 1950, ch. 383, § 307 (last sentence, less 5th through 14th words), 64 Stat. 270. 3068(b) ..... 3068(c) ..... 10:156b. 10:156d. Aug. 4, 1947, ch. 459, §§ 101 (less 2d sentence), 102(a), (b), 61 Stat. 734, 735; Mar. 23, 1954, ch. 103, 68 Stat. 30. In subsection (a), 10:156a (1st 20 words) is omitted as superseded by section 3067 of this title, which estab- lishes the Medical Service Corps in the Army Medical Service. 10:156a (last 16 words of 1st sentence) is omit- ted as superseded by section 3012(e) of this title, which authorizes the Secretary of the Army to prescribe the duties of members of the Army. 10:81–1 (last sentence, less 5th through 14th words) is omitted as surplusage. In subsection (b), the words ‘‘of the Regular Army in that corps whose regular grade is above captain’’ are substituted for the words ‘‘commissioned in the Med- ical Service Corps, Regular Army, in the permanent grade of major or above’’. The words ‘‘If he holds a lower regular grade’’ are substituted for the words ‘‘if commissioned in permanent grade below colonel’’. The words ‘‘is entitled’’ are substituted for the words ‘‘shall * * * have’’. The words ‘‘ranks above’’ are substituted for the words ‘‘shall be superior in rank’’. In subsection (c), the words ‘‘is the Surgeon General’s consultant’’ are substituted for the words ‘‘who shall be consultants to him’’. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3068 of this title as this section. 2011—Par. (5)(A). Pub. L. 111–383, § 594(1), substituted ‘‘Administrative Health Services’’ for ‘‘Pharmacy, Sup- ply, and Administration’’. Par. (5)(C). Pub. L. 111–383, § 594(2), substituted ‘‘Pre- ventive Medicine Sciences’’ for ‘‘Sanitary Engineer- ing’’. Par. (5)(D). Pub. L. 111–383, § 594(3), substituted ‘‘Clin- ical Health Sciences’’ for ‘‘Optometry’’. 1982—Par. (5). Pub. L. 97–295 redesignated cls. (a), (b), (c), (d), and (e) as subpars. (A), (B), (C), (D), and (E), re- spectively. 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. § 7069. Army Nurse Corps: composition; Chief and assistant chief; appointment; grade (a) The Army Nurse Corps consists of the Chief and assistant chief of that corps and other offi- cers in grades prescribed by the Secretary of the Army. (b) The Secretary of the Army shall appoint the Chief from the officers of the Regular Army in that corps whose regular grade is above lieu- tenant colonel and who are recommended by the Surgeon General. The Chief serves during the pleasure of the Secretary, but not for more than four years, and may not be reappointed to the same position. (c) The Surgeon General shall appoint the as- sistant chief from the officers of the Regular Army in that corps whose regular grade is above lieutenant colonel. The assistant chief serves during the pleasure of the Surgeon General, but not for more than four years and may not be re- appointed to the same position. (Aug. 10, 1956, ch. 1041, 70A Stat. 168, § 3069; Pub. L. 85–155, title I, § 101(1), Aug. 21, 1957, 71 Stat. 375; Pub. L. 87–649, § 6(b)(1), Sept. 7, 1962, 76 Stat. 494; Pub. L. 89–609, § 1(1), Sept. 30, 1966, 80 Stat. 852; Pub. L. 90–130, § 1(8)(A), Nov. 8, 1967, 81 Stat. 374; Pub. L. 104–201, div. A, title V, § 502(a), Sept. 23, 1996, 110 Stat. 2511; Pub. L. 107–314, div. A, Page 2994 TITLE 10—ARMED FORCES § 7070 title V, § 504(a)(1), Dec. 2, 2002, 116 Stat. 2531; Pub. L. 114–328, div. A, title V, § 502(o), Dec. 23, 2016, 130 Stat. 2103; renumbered § 7069, Pub. L. 115–232, div. A, title VIII, § 808(a), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3069 ......... 10:81–1 (5th through 8th words of last sentence). 10:166(a) (words of last sentence before pro- viso). 10:166(b). June 28, 1950, ch. 383, § 307 (5th through 8th words of last sentence), 64 Stat. 270. Apr. 16, 1947, ch. 38 §§ 101(a) (words of last sentence before pro- viso), 101(b), 61 Stat. 41. The words ‘‘officers of the Regular Army in that corps’’ are substituted for the words ‘‘officers perma- nently commissioned in such Army Nurse Corps’’. The words ‘‘but not for more than’’ are substituted for the words ‘‘for a term not to exceed’’, in 10:166(a). The words ‘‘vacating her regular grade’’ are substituted for the words ‘‘vacation of her permanent grade’’. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3069 of this title as this section. 2016—Subsec. (b). Pub. L. 114–328 struck out second sentence which read as follows: ‘‘An appointee who holds a lower regular grade shall be appointed in the regular grade of major general.’’ 2002—Subsec. (b). Pub. L. 107–314 substituted ‘‘major general’’ for ‘‘brigadier general’’. 1996—Pub. L. 104–201, § 502(a)(3), inserted ‘‘; grade’’ at end of section catchline. Subsec. (b). Pub. L. 104–201, § 502(a)(1), substituted ‘‘lieutenant colonel’’ for ‘‘major’’ in first sentence, in- serted ‘‘An appointee who holds a lower regular grade shall be appointed in the regular grade of brigadier gen- eral.’’ after first sentence, and inserted ‘‘to the same position’’ before period at end of last sentence. Subsec. (c). Pub. L. 104–201, § 502(a)(2), substituted ‘‘lieutenant colonel’’ for ‘‘major’’. 1967—Pub. L. 90–130 divided existing provisions into subsecs. (a), (b), and (c), made minor changes in phrase- ology, inserted provision for the appointment and serv- ice of an assistant chief, struck out limitation restrict- ing membership in the Corps to grades of second lieu- tenant through colonel, and struck out provision enti- tling the Chief to the temporary grade of colonel while serving as Chief. 1966—Pub. L. 89–609 combined third and fourth sen- tences, substituting ‘‘, and’’ for period at end of third sentence and introductory word ‘‘She’’ to fourth sen- tence, and substituted ‘‘the regular grade held, the Chief’’ for ‘‘her regular grade, she’’ in fifth sentence. 1962—Pub. L. 87–649 struck out provisions which au- thorized the pay and allowances of a colonel for Chief of the Army Nurse Corps. 1957—Pub. L. 85–155 substituted ‘‘second lieutenant through colonel’’ for ‘‘second lieutenant through lieu- tenant colonel’’, ‘‘major’’ for ‘‘captain’’, and ‘‘entitled to the temporary grade and the pay and allowances of a colonel while so serving and ranks above all other colonels in that corps’’ for ‘‘entitled to the rank, pay and allowances of a colonel so serving’’. 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 1962 AMENDMENT Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Al- lowances of the Uniformed Services. SHORT TITLE Pub. L. 85–155, title I, § 105, Aug. 21, 1957, 71 Stat. 381, provided that: ‘‘This title [amending this section and sections 3070, 3206, 3207, 3288, 3291, 3296 to 3299, 3304, 3305, 3888, 3915, 3916, 3927, and 3991 of this title] may be cited as the ‘Army Nurse and Medical Specialist Act of 1957’.’’ SAVINGS PROVISION Pub. L. 85–155, title I, § 104, Aug. 21, 1957, 71 Stat. 380, provided that: ‘‘(a) This Act [amending this section and sections 3070, 3206, 3207, 3288, 3291, 3296 to 3299, 3304, 3305, 3888, 3915, 3916, 3927, 3991, 5140, 5444, 5449, 5702, 5707, 5708, 5753, 5762, 5773, 5775, 5776, 5782, 6377 to 6379, 6381, 6388, 6395, 6396, 8206, 8207, 8212, 8285 to 8288, 8297, 8298 to 8301, 8303, 8305, 8888, 8915, 8927 and 8991 of this title, and repealing sections 3881, 3882, 3887, 3912, 3928, 8291, 8304, 8881, 8882, 8887, 8912 and 8928 of this title] does not affect the ap- pointment of an officer of the Army Nurse Corps, Reg- ular Army, or the Army Medical Specialist Corps, Reg- ular Army, on the active list on the effective date of this Act [Aug. 21, 1957]. ‘‘(b) This Act does not affect the retired status or re- tired pay of a person retired under section 108, Army- Navy Nurses Act of 1947, as amended, or any other law. ‘‘(c) An officer of the Army Nurse Corps, Regular Army, or the Army Medical Specialist Corps, Regular Army, on the active list on the effective date of this Act [Aug. 21, 1957] does not lose any years of service creditable to her on that date for promotion, computa- tion of basic pay, or other purposes, by the enactment of this Act. ‘‘(d) Notwithstanding any other provision of law, an officer of the Army Nurse Corps, Regular Army, or the Army Medical Specialist Corps, Regular Army, who is on a recommended list for promotion to a higher reg- ular grade on the effective date of this Act [Aug. 21, 1957] may, if nominated by the President and confirmed by the Senate, be promoted to that grade. ‘‘(e) Notwithstanding any other provision of law, an officer of the Army Nurse Corps, Regular Army, or the Army Medical Specialist Corps, Regular Army, who, on the effective date of this Act [Aug. 21, 1957], has been nominated by the President and confirmed by the Sen- ate for appointment to any regular grade, may be ap- pointed in that grade.’’ § 7070. Army Medical Specialist Corps: organiza- tion; Chief (a) The Army Medical Specialist Corps con- sists of the Chief of that corps, other officers in grades prescribed by the Secretary of the Army, and the following sections: (1) The Dietitian Section. (2) The Physical Therapist Section. (3) The Occupational Therapist Section. (4) The Physician Assistant Section. (5) The Chiropractic Section. (b) The Secretary of the Army shall appoint the Chief from the officers of the Regular Army in that corps whose regular grade is above cap- tain and who are recommended by the Surgeon General. The Chief serves during the pleasure of the Secretary, but not for more than four years, and may not be reappointed. (c) Chiropractors who are qualified under regu- lations prescribed by the Secretary of the Army may be appointed as commissioned officers in