10 U.S.C. § 7070 — Army Medical Specialist Corps: organiza-

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 Page 2995 TITLE 10—ARMED FORCES § 7070 the Chiropractic Section of the Army Medical Specialist Corps. (Aug. 10, 1956, ch. 1041, 70A Stat. 169, § 3070; Pub. L. 85–155, title I, § 101(2), Aug. 21, 1957, 71 Stat. 375; Pub. L. 87–649, § 6(b)(2), (3), Sept. 7, 1962, 76 Stat. 494; Pub. L. 89–609, § 1(2), (3), Sept. 30, 1966, 80 Stat. 852; Pub. L. 90–130, § 1(8)(B), Nov. 8, 1967, 81 Stat. 374; Pub. L. 102–190, div. A, title V, § 551(a), Dec. 5, 1991, 105 Stat. 1370; Pub. L. 102–484, div. A, title V, § 505(a), Oct. 23, 1992, 106 Stat. 2404; Pub. L. 114–328, div. A, title V, § 502(p)(1), (2), Dec. 23, 2016, 130 Stat. 2103; renum- bered § 7070, 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) 3070(a) ..... 10:81–1 (9th through 14th words of last sentence). 10:166a(a) (less 2d sen- tence; and less last sentence, as applicable to strength). June 28, 1950, ch. 383, § 307 (9th through 14th words of last sentence), 64 Stat. 270. Apr. 16, 1947, ch. 38, §§ 102(a) (less 2d sen- tence; and less last sentence, as applicable to strength), 102(b), 61 Stat. 42. 3070(b) ..... 10:166a(b). In subsection (a), 10:166a(a) (1st 20 words of 1st sen- tence) is omitted as superseded by section 3067 of this title, which establishes the Women’s Medical Specialist Corps in the Army Medical Service. 10:166a(a) (last 16 words of 1st sentence) is omitted as superseded by sec- tion 3012(e) of this title, which authorizes the Secretary of the Army to prescribe the duties of members of the Army. In subsection (b), the words ‘‘officers of the Regular Army in that corps’’ are substituted for the words ‘‘of- ficers permanently commissioned in such Women’s Medical Specialist Corps’’. 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 3070 of this title as this section. 2016—Pub. L. 114–328, § 502(p)(2), amended section catchline generally, substituting ‘‘Army Medical Spe- cialist Corps: organization; Chief’’ for ‘‘Army Medical Specialist Corps: organization; Chief and assistant chiefs’’. Subsec. (a). Pub. L. 114–328, § 502(p)(1)(A), struck out ‘‘and assistant chiefs’’ after ‘‘consists of the Chief’’ in introductory provisions. Subsecs. (c), (d). Pub. L. 114–328, § 502(p)(1)(B), (C), re- designated subsec. (d) as (c) and struck out former sub- sec. (c) which read as follows: ‘‘The Surgeon General shall appoint up to five assistant chiefs from officers of the Regular Army in that corps whose regular grade is above captain. Each assistant chief is the chief of a sec- tion of that corps. An assistant chief serves during the pleasure of the Surgeon General, but not for more than four years, and may not be reappointed to the same po- sition.’’ 1992—Subsec. (a)(5). Pub. L. 102–484, § 505(a)(1), added par. (5). Subsec. (c). Pub. L. 102–484, § 505(a)(2), substituted ‘‘up to five assistant chiefs’’ for ‘‘four assistant chiefs’’. Subsec. (d). Pub. L. 102–484, § 505(a)(3), added subsec. (d). 1991—Subsec. (a). Pub. L. 102–190, § 551(a)(1), (2), sub- stituted ‘‘sections:’’ for ‘‘sections—’’, substituted ‘‘The’’ for ‘‘the’’ and a period for the concluding semi- colon in par. (1), substituted ‘‘The’’ for ‘‘the’’ and a pe- riod for ‘‘; and’’ in par. (2), substituted ‘‘The’’ for ‘‘the’’ in par. (3), and added par. (4). Subsec. (c). Pub. L. 102–190, § 551(a)(3), substituted ‘‘four assistant chiefs’’ for ‘‘three assistant chiefs’’ in first sentence. 1967—Subsec. (a). Pub. L. 90–130 removed limitation restricting membership in the Corps to officers in grades of second lieutenant through colonel and in- serted provisions authorizing the Secretary of the Army to prescribe the grades of officers comprising the Corps. Subsec. (b). Pub. L. 90–130 struck out provision enti- tling the Chief to the temporary grade of colonel while serving, ranking above all other colonels in the Corps. Subsec. (c). Pub. L. 90–130 struck out provisions enti- tling each assistant chief to the temporary grade of lieutenant colonel while so serving, ranking above all other lieutenant colonels in the section. 1966—Subsec. (b). Pub. L. 89–609, § 1(2), combined sec- ond and third sentences, substituting ‘‘, and’’ for pe- riod at end of second sentence and introductory word ‘‘She’’ to third sentence, and substituted ‘‘the regular grade held, the Chief’’ for ‘‘her regular grade, she’’ in fourth sentence. Subsec. (c). Pub. L. 89–609, § 1(3), combined second and third sentences, substituting ‘‘, and’’ for period at end of second sentence and introductory word ‘‘She’’ to third sentence, substituted ‘‘An assistant chief’’ for ‘‘She’’ in fourth sentence, and in fifth sentence sub- stituted ‘‘the regular grade held’’ and ‘‘in the section’’ for ‘‘her regular grade’’ and ‘‘in her section’’, respec- tively, and struck out ‘‘and the pay and allowances’’ before ‘‘of a lieutenant colonel’’. 1962—Subsec. (b). Pub. L. 87–649, § 6(b)(2), struck out provisions which authorized the pay and allowances of a colonel for Chief of the Army Medical Specialist Corps. Subsec. (c). Pub. L. 87–649, § 6(b)(3), struck out provi- sions which authorized the pay and allowances of a lieutenant colonel for each assistant chief of the Army Medical Specialist Corps. 1957—Pub. L. 85–155 substituted ‘‘Army Medical Spe- cialist Corps’’ for ‘‘Women’s Medical Specialist Corps’’ in section catchline. Subsec. (a). Pub. L. 85–155 substituted ‘‘Army Medical Specialist Corps’’ for ‘‘Women’s Medical Specialist Corps’’ and ‘‘colonel’’ for ‘‘major’’. Subsec. (b). Pub. L. 85–155 struck out provisions which related to assistant chiefs which are now covered by subsec. (c) of this section, substituted ‘‘Army Med- ical Specialist Corps’’ for ‘‘Women’s Medical Specialist Corps’’, required the chief to be above the regular grade of captain, prohibited service for more than four years and reappointment, and provided that the chief shall rank above all other colonels in the corps. Subsec. (c). Pub. L. 85–155 added subsec. (c). Former provisions which related to assistant chiefs were con- tained in subsec. (b) of this section. 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 on 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. REGULATIONS Pub. L. 102–484, div. A, title V, § 505(d), Oct. 23, 1992, 106 Stat. 2404, provided that: ‘‘The regulations required to be prescribed by the amendments made by this sec- tion [enacting section 5139 of this title and amending this section and section 8067 of this title] shall be pre- scribed not later than 180 days after the date of the en- actment of this Act [Oct. 23, 1992].’’ Page 2996 TITLE 10—ARMED FORCES § 7072 RETIREMENT OF OFFICERS SERVING IN PHYSICIAN ASSISTANT SECTION Pub. L. 102–190, div. A, title V, § 551(c), Dec. 5, 1991, 105 Stat. 1370, provided that: ‘‘A member of the Army who on the date of the enactment of this Act [Dec. 5, 1991] is a warrant officer serving on active duty (other than for training) as a physician assistant and who is subse- quently appointed as a commissioned officer in, or is assigned to, the Physician Assistant Section of the Army Medical Specialist Corps may elect at the time of the officer’s retirement after 20 years or more of active service that could be credited to the officer under sec- tion 511 of the Career Compensation Act of 1949, as amended [act Oct. 12, 1949, ch. 681, title V, § 511, 63 Stat. 829, as amended, formerly set out as a note under sec- tion 580 of this title]— ‘‘(1) to revert to the highest warrant officer grade in which the officer served on active duty (other than for training) satisfactorily (as determined by the Sec- retary of the Army) for a period of more than 30 days; and ‘‘(2) to be retired under chapter 65 of title 10, United States Code.’’ CONSTRUCTIVE CREDIT FOR DETERMINATION OF GRADE AND RANK OF OFFICERS IN ARMY MEDICAL SPE- CIALIST CORPS Pub. L. 102–190, div. A, title V, § 551(d), Dec. 5, 1991, 105 Stat. 1371, provided that: ‘‘(1) For the purpose of determining the grade and rank within grade of a person who is appointed as a commissioned officer in the Army Medical Specialist Corps for service in the Physician Assistant Section, or who is assigned to the Army Medical Specialist Corps for service as a physician assistant, and who on the date of the enactment of this Act [Dec. 5, 1991] is a war- rant officer and a physician assistant on active duty or in an active reserve status, the Secretary of the Army shall credit that person at the time of such appoint- ment with any service on active duty, or in an active reserve status, as a physician assistant performed as a member of the Armed Forces before that appointment. ‘‘(2) The Secretary of Defense shall prescribe regula- tions to carry out this subsection.’’ § 7072. Judge Advocate General’s Corps There is a Judge Advocate General’s Corps in the Army. The Judge Advocate General’s Corps consists of— (1) the Judge Advocate General; (2) the Assistant Judge Advocate General; (3) commissioned officers of the Regular Army appointed therein; and (4) other members of the Army assigned thereto by the Secretary of the Army. (Aug. 10, 1956, ch. 1041, 70A Stat. 169, § 3072; Pub. L. 114–328, div. A, title V, § 502(q), Dec. 23, 2016, 130 Stat. 2104; renumbered § 7072, 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) 3072 ......... 10:61–1 (1st sentence, less applicability to strength). June 28, 1950, ch. 383, § 308 (1st sentence, less ap- plicability to strength), 64 Stat. 270. The words ‘‘authorized by sections 21f and 21h, re- spectively, of this title’’ are omitted as surplusage. The word ‘‘grade’’ is substituted for the word ‘‘rank’’. The words ‘‘but the Secretary shall not assign to the Judge Advocate General’s Corps any officer who has been ap- pointed and commissioned in some other special branch or in the Regular Army without specification of branch’’ are omitted as covered by section 3064 of this title. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3072 of this title as this section. 2016—Pars. (3) to (5). Pub. L. 114–328 redesignated pars. (4) and (5) as (3) and (4), respectively, and struck out former par. (3) which read as follows: ‘‘three offi- cers in the grade of brigadier general;’’. 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. § 7073. Chaplains (a) There are chaplains in the Army. The Chaplains include— (1) the Chief of Chaplains; (2) commissioned officers of the Regular Army appointed as chaplains; and (3) other officers of the Army appointed as chaplains in the Army. (b) The Chief of Chaplains, while so serving, holds the grade of major general. (Aug. 10, 1956, ch. 1041, 70A Stat. 170, § 3073; re- numbered § 7073 and amended Pub. L. 115–232, div. A, title V, § 510(a), title VIII, § 808(a), Aug. 13, 2018, 132 Stat. 1751, 1838.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3073 ......... 10:231a. June 28, 1950, ch. 383, § 309, 64 Stat. 270. The words ‘‘authorized by section 21f of this title’’, ‘‘as now or hereafter provided by law’’, and ‘‘and com- missioned * * * or in any component thereof’’ are omit- ted as surplusage. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 808(a), renumbered section 3073 of this title as this section. Pub. L. 115–232, § 510(a), designated existing provisions as subsec. (a) and added subsec. (b). 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. § 7074. Commands: territorial organization; engi- neer tactical units (a) Except as otherwise prescribed by law or by the Secretary of Defense, the Army shall be divided into such commands, forces, and organi- zations as may be prescribed by the Secretary of the Army. (b) For Army purposes, the United States, the Commonwealths and possessions, and other