10 U.S.C. § 7064 — Special branches

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’’. Page 2992 TITLE 10—ARMED FORCES § 7065 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 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. § 7065. Assignment and detail: officers assigned or detailed to basic and special branches (a) Commissioned officers of the Army may be detailed as general staff officers and as inspec- tors general. (b) Members of the Army may be detailed to duty in particular fields specified by the Sec- retary, including intelligence, counter-intel- ligence, and military government. (c) Members of the Army appointed in or as- signed to one branch may be detailed for duty with any other branch. (d) Members of the Army while not on active duty may be assigned to any basic or special branch, or to such other branches or groups, and to such organizations, as the Secretary con- siders appropriate. (e) No officer of the Army may be assigned to perform technical, scientific, or other profes- sional duties unless he is qualified to perform those duties and meets professional qualifica- tions at least as strict as those in effect on June 28, 1950. If the duties to which an officer is as- signed involve professional work that is the same as or is similar to that usually performed in civil life by a member of a learned profession, such as engineering, law, medicine, or theology, the officer must have the qualifications, by edu- cation, training, or experience, equal to or simi- lar to those usually required of members of that profession, unless the exigencies of the situation prevent. (Aug. 10, 1956, ch. 1041, 70A Stat. 167, § 3065; re- numbered § 7065, 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) 3065(a) ..... 3065(b) ..... 3065(c) ..... 10:1g(c) (1st 27 words). 10:1g(c) (less 1st 27 words). 10:1g(d). June 28, 1950, ch. 383, § 306 (less (a) and (b)), § 404(e), 64 Stat. 269, 274. 3065(d) ..... 10:1g(e). 3065(e) ..... 10:1g(f). [Uncodified: June 28, 1950, ch. 383, § 404(e), 64 Stat. 274]. In subsections (a) and (c)–(e), the words ‘‘Under such regulations as the Secretary of the Army may pre- scribe’’ and ‘‘under [Under] regulations prescribed by the Secretary of the Army’’ are omitted, since the Sec- retary has inherent authority to issue regulations ap- propriate to exercising his statutory functions. In subsection (b), the word ‘‘specified’’ is substituted for the words ‘‘designated from time to time’’, in 10:1g(c). The words ‘‘but not limited to’’, in 10:1g(c), are omitted as surplusage. In subsection (d), the words ‘‘basic or special branch’’ are substituted for the words ‘‘branches of the Army provided for in this section’’. The word ‘‘considers’’ is substituted for the words ‘‘may deem to be’’. In subsection (e), the words ‘‘No officer * * * may be * * * unless he is’’ are substituted for the words ‘‘offi- cers of the Army * * * shall * * * possess’’. The last 16 words of the first sentence are substituted for the Act of June 28, 1950, ch. 383, Title IV, § 404(e), 64 Stat. 274. The last sentence is substituted for 10:1g(f) (1st 9 words). Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3065 of this title as 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. § 7067. Army Medical Department There is an Army Medical Department in the Army. The Army Medical Department consists of— (1) the Surgeon General; (2) the Assistant Surgeons General; (3) the Medical Corps; (4) the Dental Corps; (5) the Veterinary Corps; (6) the Medical Service Corps; (7) the Army Nurse Corps; and (8) the Army Medical Specialist Corps. (Aug. 10, 1956, ch. 1041, 70A Stat. 168, § 3067; Pub. L. 85–861, § 1(60), Sept. 2, 1958, 72 Stat. 1462; Pub. L. 90–329, June 4, 1968, 82 Stat. 170; renumbered § 7067, Pub. L. 115–232, div. A, title VIII, § 808(a), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 3067 ......... 10:81–1 (less last sen- tence). June 28, 1950, ch. 383, § 307 (less last sentence), 64 Stat. 270. The words ‘‘authorized by sections 21f and 21h, re- spectively, of this title’’ are omitted as surplusage. 10:81–1 (2d sentence) is omitted as covered by section 3064 of this title. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 3067(8) ..... 10 App.:81–1. Aug. 9, 1955, ch. 654, § 3(a), 69 Stat. 579. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3067 of this title as this section. 1968—Pub. L. 90–329 substituted ‘‘Army Medical De- partment’’ for ‘‘Army Medical Service’’. 1958—Pub. L. 85–861 substituted ‘‘Army Medical Spe- cialist Corps’’ for ‘‘Women’s Medical Specialist Corps’’ in cl. (8).