10 U.S.C. § 7063 — Basic branches

Page 2990 TITLE 10—ARMED FORCES § 7063 (1) military organizations of the Army with their installations and supporting and auxil- iary elements, including combat, training, ad- ministrative, and logistic elements; and (2) members of the Army, including those not assigned to units; necessary to form the basis for a complete and immediate mobilization for the national defense in the event of a national emergency. (Aug. 10, 1956, ch. 1041, 70A Stat. 166, § 3062; Pub. L. 109–163, div. A, title X, § 1057(a)(6), Jan. 6, 2006, 119 Stat. 3441; renumbered § 7062, 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) 3062(a) ..... 3062(b) ..... 3062(c) ..... 3062(d) ..... 10:20. 5:181–1(e). 10:1b. 10:20i. July 10, 1950, ch. 454, § 2, § 101, 64 Stat. 321. July 26, 1947, ch. 343, § 205(e), 61 Stat. 501. 50:1021. June 28, 1950, ch. 383, § 301, 64 Stat. 268; July 9, 1952, ch. 608, § 807(b), 66 Stat. 508. July 9, 1952, ch. 608, § 301, 66 Stat. 498. In subsection (a), 10:20 (1st 19 words) is omitted as surplusage. The word ‘‘Commonwealth’’ is inserted to reflect the present status of Puerto Rico. The words ‘‘any areas occupied by the United States’’ are sub- stituted for the words ‘‘occupied areas wherever lo- cated’’. In subsection (c), the words ‘‘consists of’’ are sub- stituted for the word ‘‘includes’’. In subsection (c)(1), the words ‘‘the Army National Guard while in the service of the United States’’ are substituted for the words ‘‘all persons serving in the Army under call * * * under any provision of law, in- cluding members of the National Guard of the several States, Territories, and the District of Columbia when in the service of the United States pursuant to call as provided by law’’. 10:1b (words between 1st and 3d semi- colons) and 50:1021 (last sentence) are omitted, since the components listed include their members. In subsection (c)(2), the words ‘‘or inducted’’ are omitted as covered by the word ‘‘conscripted’’. In subsection (d), 10:20i (8th through 38th words) is omitted as surplusage. The words ‘‘consists of all’’ are substituted for the words ‘‘shall include all of’’. The words ‘‘members of the Army’’ are substituted for the word ‘‘personnel’’. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3062 of this title as this section. 2006—Subsec. (a)(1). Pub. L. 109–163 substituted ‘‘Com- monwealths and possessions’’ for ‘‘Territories, Com- monwealths, and possessions’’. 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. § 7063. Basic branches (a) The Secretary of the Army may assign members of the Army to its basic branches. The basic branches are— (1) Infantry; (2) Armor; (3) Artillery; (4) Corps of Engineers; (5) Signal Corps; (6) Adjutant General’s Corps; (7) Quartermaster Corps; (8) Finance Corps; (9) Ordnance Corps; (10) Chemical Corps; (11) Transportation Corps; (12) Military Police Corps; and (13) such other basic branches as the Sec- retary considers necessary. (b) The Secretary may discontinue or consoli- date basic branches of the Army for the duration of any war, or of any national emergency de- clared by Congress. (c) The Secretary may not assign to a basic branch any commissioned officer appointed in a special branch. (Aug. 10, 1956, ch. 1041, 70A Stat. 166, § 3063; Pub. L. 115–91, div. A, title V, § 582(a), Dec. 12, 2017, 131 Stat. 1415; renumbered § 7063, 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) 3063(a) ..... 10:1g(a) (less words of 1st sentence after semi- colon, and less last sentence). June 28, 1950, ch. 383, § 306(a), 64 Stat. 269. 3063(b) ..... 10:1g(a) (last sentence). 3063(c) ..... 10:1g(a) (words of 1st sen- tence after semicolon). In subsection (a), the words ‘‘The basic branches are’’ are substituted for the words ‘‘There shall be in the Army certain branches, which shall be known as basic branches of the Army’’ and ‘‘The basic branches of the Army shall be’’. In subsection (b), the words ‘‘enumerated in this sub- section’’ are omitted as surplusage. The word ‘‘here- after’’ is omitted, since all wars and emergencies de- clared by Congress before June 29, 1950, have been ter- minated. In subsection (c), the words ‘‘and commissioned’’ are omitted as covered by the word ‘‘appointed’’. The words ‘‘specified in subsection (b) of this section’’ are omitted as surplusage. The word ‘‘commissioned’’ is inserted be- fore the word ‘‘officer’’, for clarity. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3063 of this title as this section. 2017—Subsec. (a)(13), (14). Pub. L. 115–91, which di- rected the redesignation of par. (13) as (14) and the addi- tion of a new par. (13) ‘‘Explosive Ordnance Disposal Corps; and’’, was not executed pursuant to section 582(b) of Pub. L. 115–91, set out as an Effective Date and Condition on Execution of 2017 Amendment note below. 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. Page 2991 TITLE 10—ARMED FORCES § 7064 EFFECTIVE DATE AND CONDITION ON EXECUTION OF 2017 AMENDMENT Pub. L. 115–91, div. A, title V, § 582(b), Dec. 12, 2017, 131 Stat. 1415, as amended by Pub. L. 116–283, div. A, title V, § 593, Jan. 1, 2021, 134 Stat. 3666, provided that: ‘‘(1) EFFECTIVE DATE.—The amendments made by sub- section (a) [amending this section] shall take effect on October 1, 2025, but only if the report required by para- graph (2) is not submitted before that date as required by such paragraph. ‘‘(2) REPORTING REQUIREMENT.—Not later than Sep- tember 30, 2025, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing certifications that the following actions have occurred as of that date: ‘‘(A) The defense budget materials display funding requirements for explosive ordnance disposal sepa- rately and a program of record is established and maintained for explosive ordnance disposal. ‘‘(B) A process has been established to ensure that, by not later than five years after the date of the en- actment of this Act [Dec. 12, 2017], there is, and will continue to be, at least one general officer in the Army, the explosive ordnance disposal commandant (chief of explosive ordnance disposal), qualified re- garding issues involving explosive ordnance disposal to ensure officer professional development and up- ward mobility. ‘‘(C) The Ordnance Personnel Proponency Office is, and will continue to be, manned with an explosive ordnance disposal officer to oversee explosive ord- nance disposal officer and enlisted personnel proponency. ‘‘(D) Explosive ordnance disposal officer education has been included in a basic officer leadership course, a captains career course, and a policy and planning course specific to explosive ordnance disposal as part of intermediate level education and pre-command courses. ‘‘(E) The office of the Army Deputy Chief of Staff, G8, and the office of the Army Deputy Chief of Staff, G3, have, and will continue to be, manned with explo- sive ordnance disposal officers responsible for the de- cision management decision packages, ammunition organizational integration, and force modernization related to explosive ordnance disposal. ‘‘(F) The Army has established and maintained ex- plosive ordnance disposal cells at the Army Forces Command, Army Service Component Commands, Army Special Operations Command, Army Training and Doctrine Command, and the Army Capability and Integration Center. ‘‘(G) The explosive ordnance disposal commandant (chief of explosive ordnance disposal) has determined whether explosive ordnance disposal soldiers have the appropriate skills necessary to support missions of special operations forces (as identified in section 167(j) of title 10, United States Code). Such skills may include airborne, air assault, combat diver, fast rop- ing insertion and extraction, helocasting, military free-fall, and off-road driving. ‘‘(3) NOTICE OF REPORT.—The Secretary of the Army shall notify the Law Revision Counsel of the House of Representatives of the submission of the report under paragraph (2) so that the Law Revision Counsel does not execute the amendments made by subsection (a).’’ [The report required by section 582(b)(2) of Pub. L. 115–91, set out above, was submitted to Congress on Sept. 17, 2020.] PHILIPPINE SCOUTS Act Aug. 10, 1956, ch. 1041, § 42, 70A Stat. 636, provided that: ‘‘The President is authorized to form the Phil- ippine Scouts into such branches and tactical units as he may deem expedient, within the limit of strength prescribed by law, organized similarly to those of the Regular Army.’’ § 7064. Special branches (a) The special branches of the Army consist of commissioned officers of the Regular Army appointed therein, other members of the Army assigned thereto by the Secretary of the Army, and the sections prescribed in this chapter. The special branches are— (1) each corps of the Army Medical Depart- ment; (2) the Judge Advocate General’s Corps; (3) the Chaplains; and (4) such other special branches as may be es- tablished by the Secretary of the Army under subsection (b). (b) The Secretary of the Army may establish special branches for the Army and may assign commissioned officers (other than officers of the Regular Army) and members to such branches. (c) Commissioned officers of the Regular Army may be appointed in a special branch, but the Secretary may not assign any officer of the Reg- ular Army to a special branch. (Aug. 10, 1956, ch. 1041, 70A Stat. 167, § 3064; Pub. L. 90–329, June 4, 1968, 82 Stat. 170; Pub. L. 96–513, title II, § 231, Dec. 12, 1980, 94 Stat. 2886; Pub. L. 97–22, § 5(a), July 10, 1981, 95 Stat. 128; renum- bered § 7064, 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) 3064(a) ..... 10:1g(b) (less words of 1st sentence after semi- colon). June 28, 1950, ch. 383, § 306(b), 64 Stat. 269. 3064(b) ..... 10:1g(b) (words of 1st sen- tence after semicolon). In subsection (a), the words ‘‘The special branches of the Army’’ are substituted for the words ‘‘There shall be in the Army certain branches, which shall be known as special branches, and which shall’’. The words ‘‘au- thorized by sections 61–1, 81–1, and 231a of this title’’ are omitted as surplusage. The words ‘‘and the sections prescribed in this chapter’’ are inserted, since some of the corps of the Army Medical Service consist of mem- bers and sections. Clauses (1), (2), and (3) are sub- stituted for 10:1g(b) (last sentence). In subsection (b), the words ‘‘who has been appointed and commissioned in some other special branch, or * * * without specification of branch’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3064 of this title as this section. 1981—Subsec. (b). Pub. L. 97–22, § 5(a)(1), substituted ‘‘may assign commissioned officers (other than officers of the Regular Army) and members to such branches’’ for ‘‘may appoint commissioned officers in, and may assign members to, such branches’’. Subsec. (c). Pub. L. 97–22, § 5(a)(2), substituted ‘‘Com- missioned officers of the Regular Army may be ap- pointed in a special branch, but the Secretary’’ for ‘‘The Secretary’’. 1980—Subsec. (a)(4). Pub. L. 96–513, § 231(1), added cl. (4). Subsecs. (b), (c). Pub. L. 96–513, § 231(2), (3), added sub- sec. (b) and redesignated former subsec. (b) as (c). 1968—Subsec. (a)(1). Pub. L. 90–329 substituted ‘‘Army Medical Department’’ for ‘‘Army Medical Service’’.