84TH CONGRESS 1st Session

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SENATE

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REPORT No. 1229

AUTHORIZING MALE NURSES AND MEDICAL SPECIALISTS TO BE APPOINTED AS RESERVE OFFICERS

JULY 28, 1955.-Ordered to be printed

Mr. SALTONSTALL, from the Committee on Armed Services, submitted the following

REPORT

[To accompany H. R. 2559]

The Committee on Armed Services, to whom was referred the bill (H. R. 2559) to authorize male nurses and medical specialists to be appointed as Reserve officers, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The purpose of the proposed legislation to provide permissive authority to appoint male nurses and medical specialists (dietitians, physical therapists, and occupational therapists) as commissioned officers in the Reserve components of the Armed Forces of the United States, on the same basis as female personnel appointed in those categories. It also amends the Army-Navy Nurses Act of 1947, by changing the existing requirement of citizenship of nurses and medical specialists so as to make eligible for Reserve commissions those otherwise qualified persons who are not citizens, but have declared their intent to become citizens.

NEED FOR LEGISLATION

The Army-Navy Nurses Act of 1947 was enacted on the assumption that the Nurses and Medical Specialist Corps would be composed wholly of women, and this legislation accordingly authorizes the appointment of only female persons as nurses or as medical specialists. There are approximately 2,500 qualified male nurses in the United States today. In view of the shortage of nurses in the Armed Forces the enactment of this legislation should be a source of attracting qualified male nurses into the Armed Forces. In addition, there are about 80 qualified male nurses presently in the armed services in

an enlisted status in fields outside their occupational specialty. The enactment of this legislation would permit their appointment as Reserve officers and their utilization in their professional capacity. There are also presently serving in the Army as inductees about 50 male physiotherapists and 6 occupational therapists who could possibly qualify for appointment as medical specialists.

REDESIGNATION OF TITLES

In addition to authorizing the appointment of male nurses as specialists and in addition to the provision authorizing the appointment of persons who have filed a declaration of intent to become United States citizens, the bill redesignates the various sections of the Army-Navy Nurses Act of 1947 and three other pertinent statutes which use the word "Women's" in appropriate references. This word is deleted throughout these statutes under the provisions of the bill.

FISCAL DATA-DEPARTMENTAL RECOMMENDATION

The enactment of this legislation would not result in any additional cost to the Government since any appointments made under the bill would be made within the existing limitations. This legislation is supported by the Department of Defense as indicated by the letter printed below and hereby made a part of this report. The departmental recommendation in this letter indicates that the Bureau of the Budget has no objection to this legislation.

Hon. CARL VINSON,

Chairman, Committee on Armed Services,

House of Representatives.

MAY 11, 1955.

DEAR MR. CHAIRMAN: Reference is made to your request to the Secretary of Defense for the views of the Department of Defense with respect to H. R. 2559, 84th Congress, a bill to authorize male nurses and medical specialists to be appointed as Reserve officers. The Secretary of Defense has delegated to the Department of the Army the responsibility for expressing the views of the Department of Defense thereon.

The purpose of the proposed legislation is to provide permissive authority to appoint male nurses and medical specialists (dietitians, physical therapists, and occupational therapists) as commissioned officers in the Reserve components of the Armed Forces of the United States on the same basis as female personnel in those categories. It would also change the existing requirement of citizenship of nurses and medical specialists so as to make eligible for Reserve commissions those otherwise qualified persons who are not citizens, but have declared intent to become citizens. The proposed legislation would redesignate the Women's Medical Specialist Corps as the Army Medical Specialist Corps, and would also give credit in the computation of pay, or retired or retirement pay, for all military and naval service rendered by such persons in any branch of the Armed Forces, including active and inactive service with the Reserve components thereof. The Department of Defense concurs in the enactment of H. R. 2559 There is a shortage of qualified nurses in both the civilian economy and the military medical services. It is believed that the legislation would assist in the development of an additional source of registered nurses, and at the same time correct certain inequities which have hindered the utilization of male nurses within the military services.

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There are approximately 2,500 qualified active male nurses in the United States today. Existing law concerning nurses in the military services is based upon assumption that the corps would be composed wholly of women, and the provi sions were drafted in language to apply accordingly. Thus, many qualified mate nurses are currently serving in the Armed Forces in an enlisted status in fields outside of their occupational specialty. Male nurses are actively employed by other agencies in Federal institutions. Full and proper utilization of male nurses

could be accomplished in the case of all types of male patients, especially in light of the fact that about 80 percent of the patients in Department of Defense hospitals are male. Additionally, in time of emergency or full mobilization, the commissioning and proper employment of male nurses could prove of great value to all of the military services.

The enactment of this proposed legislation would not result in any additional cost to the Government inasmuch as any appointments made thereunder could be made within existing limitations.

This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense.

The Bureau of the Budget advises that there is no objection to the submission of this report to the Congress.

Sincerely yours,

ROBERT T. STEVENS,

Secretary of the Army.

CHANGES IN EXISTING LAW

In compliance with subsection 4 of rule XXIX of the Standing Rules of the Senate, changes in existing law made by the proposal are shown as follows (existing law proposed to be changed is enclosed in brackets, new matter is in italics).

ARMY-NAVY NURSES ACT OF 1947 (61 STAT. 41), AS AMENDED (64 STAT. 160; 66 STAT. 506; 67 STAT. 36)

TITLE I

ARMY NURSES AND [WOMEN'S] ARMY MEDICAL SPECIALIST CORPS

SEC. 102. (a) Effective the date of enactment of this Act, there is established in the Army Medical Service of the Regular Army, a [Women's] Army Medical Specialist Corps, which shall consist of a Dietitian Section, a Physical Therapist Section, and an Occupational Therapist Section, and which shall perform such services as may be prescribed by the Secretary of the Army. The authorized strength of the [Women's] Army Medical Specialist Corps, Regular Army, shall be in the ratio of nine-tenths of a member thereof to every one thousand persons in the total authorized strength of the Regular Army, but not less than a minimum authorized strength of four hundred and nine officers in permanent commissioned grades. Not to exceed 5 per centum of the authorized commissioned strength may be in the permanent commissioned grade of major and the remainder of such authorized commissioned strength shall be in permanent commissioned grades of captain to second lieutenant, inclusive.

(b) From the officers permanently commissioned in such [Women's] Army Medical Specialist Corps, the Secretary of the Army shall appoint (1) the Chief of [Women's] Army Medical Specialist Corps, who shall serve as such Chief during his pleasure, and who without vacation of her permanent grade, shall have the temporary rank, pay, and allowances of a colonel while so serving and (2) three Assistant Chiefs of the [Women's] Army Medical Specialist Corps, who shall be the chiefs of the sections of the [Women's] Army Medical Specialist Corps, to serve as such Assistant Chiefs during his pleasure, and who, without vacation of their permanent grades, shall have the temporary rank, pay, and allowances of a lieutenant colonel while so serving.

(c) Commissioned officers of the Regular Army in the [Women's] Army Medical Specialist Corps, and commissioned officers of the Regular Air Force appointed with a view to designation as women medical specialists, shall be appointed by the President, by and with the advice and consent of the Senate, from female citizens of the United States who have attained the age of twentyone years. To be eligible for appointment under this subsection, a person must have the physical and other qualifications prescribed by the Secretary of the Army or the Secretary of the Air Force for the appropriate armed force. A person appointed under this subsection shall be appointed in the grade of(1) second lieutenant, if she is not more than twenty-seven years of age on the date of nomination by the President and is not qualified for appointment as a first lieutenant under clause (2); or

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(2) first lieutenant, if she is qualified under regulations issued by the appropriate Secretary and is not more than thirty years of age on the date of nomination by the President.

The maximum ages specified in clauses (1) and (2) are increased by the period of active Federal commissioned service performed after December 31, 1947. However, such an age may not be so increased by more than five years.

SEC. 103. (a) ***

(b) Until a date one year following the date of enactment of this Act, any person who is a female citizen of the United States, who is over twenty-one years of age, and who meets the physical and other qualifications prescribed by the Secretary of the Army, may be appointed a commissioned officer in the Army Nurse Corps, or the Women's Army Medical Specialist Corps, Regular Army, established by this Act, in a grade as prescribed in section 104 hereof: Provided, That a person appointed a commissioned officer in the Army Nurse Corps under this provision shall not have attained the age of thirty-five on the date of nomination by the President, shall be otherwise qualified and, during any of the wars in which the United States is presently engaged, shall have served honorably on active duty as a commissioned officer of the Army of the United States, pursuant to the Act of June 22, 1944 (58 Stat. 324), or as a member, including the status of Reserve nurse, of the Army Nurse Corps created by chapter V of the Act of July 9, 1918 (40 Stat. 879): Provided further, That no person shall be appointed a commissioned officer in the [Women's] Army Medical Specialist Corps under this section, except a person otherwise qualified, who during any of the wars in which the United States was engaged served honorably on active duty as a dietitian or physical therapist with the Medical Department of the Army of the United States appointed pursuant to the Act of June 22, 1944 (58 Stat. 324), or who served honorably as an occupational therapist with the Medical Department of the Army in the status of a civilian employee.

SEC. 106. Relative rank among commissioned officers of the Army Nurse Corps and the [Women's] Army Medical Specialist Corps, within each corps, and between such officers and other commissioned officers of the Regular Army, shall be determined in the manner now or hereafter prescribed by law for the determination of relative rank among other commissioned officers of the Regular Army. Commissioned officers of each such corps shall not be entitled, by virtue of their rank, to command, except within their respective corps, and over such persons as may be placed under their charge by competent authority, but may be assigned by the Secretary of the Army to perform such duties as the interests of the service may require.

SEC. 107. (a) Officers of the Army Nurse Corps and [Women's] Army Medical Specialist Corps, Regular Army, shall be promoted to the permanent grade of first lieutenant upon the completion of the length of service now or hereafter prescribed for promotion of promotion-list officers to the grade of first lieutenant. (b) The Secretary of the Army shall prescribe the authorized number of officers in the grade of captain in the Army Nurse Corps and in the [Women's] Army Medical Specialist Corps. Officers of the Army Nurse Corps and [Women's] Army Medical Specialist Corps, Regular Army, shall be promoted to the permanent grade of captain or eliminated from the active list of such corps upon second failure of promotion to the grade of captain and awarded severance pay if so eliminated in the same manner as is prescribed by law for officers whose names are carried on the Army promotion list. Authorized numbers in the grade of captain in these corps may be exceeded when necessary in order that officers selected and recommended for promotion to that grade may be promoted upon completion of seven years' service even though no vacancies exist in the authorized numbers in such grade in the same manner as is prescribed for officers whose names are carried on the Army promotion list.

(c) Promotion of officers of the Army Nurse Corps to the permanent grades of major and lieutenant colonel, and of the [Women's] Army Medical Specialist Corps to the permanent grade of major, shall be by selection to fill vacancies in these grades under regulations prescribed by the Secretary of the Army.

SEC. 108. (a) An officer on the active list of either the Army Nurse Corps or the [Women's] Army Medical Specialist Corps, Regular Army, after twenty years' active Federal service in the armed forces of the United States, may upon her request, at the discretion of the Secretary of the Army, be retired and shall receive retired pay equal to 21⁄2 per centum of the base and longevity pay she would receive if serving on active duty in the grade in which retired, multiplied by a number equal to the number of years of such active Federal service: Provided,

That in computing the number of years of such service for the purpose of determining the percentage of active-duty pay, and for no other purpose, any fractional part of a year amounting to six months or more shall be counted as a complete year: Provided further, That in no event shall such retired pay exceed 75 per centum of such base and longevity pay: And provided further, That at any time after such an officer shall have attained the age of fifty, if her permanent grade is below that of major, or at any time after such an officer shall have attained the age of fifty-five, if her permanent grade is major or higher, or after twenty-years' active Federal service in the armed forces of the United States, whichever is later she may, at the discretion of the Secretary of the Army without her consent, be retired and upon such retirement she shall receive retired pay equal to 22 per centum of the base and longevity pay she would receive it serving on active duty in the grade in which retired, multiplied by a number equal to the number of years of her active Federal service, but in no event shall such retired pay exceed 75 per centum of such base and longevity pay.

(b) Unless entitled to higher rank or pay under any provision of law, each commissioned officer, who shall have served for two and one-half years or more as Chief of the Army Nurse Corps, Regular Army, or as Chief of the [Women's] Army Medical Specialist Corps, Regular Army, may, in the discretion of the President, be retired with the rank held by her while so serving, and shall receive retired pay at the rate prescribed by law, computed on the basis of the base and longevity pay which she would receive if serving on active duty with such rank, and if thereafter recalled to active service, shall be recalled in such rank and shall constitute an additional number therein: Provided, That the commissioned officer first appointed as Chief of the Army Nurse Corps and the commissioned officer first appointed as Chief of the [Women's] Army Medical Specialist Corps, pursuant to this Act, shall, without limitation as to the time they shall serve in such capacities, upon retirement be retired with the rank held while so serving, and shall receive retired pay at the rate prescribed by law, computed on the basis of the base and longevity pay they would receive if serving on active duty with such rank.

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SEC. 114. Effective the date of enactment of this Act, there shall be established in the Army Reserve Corps of the Army of the United States an Army Nurse Corps Section and a [Women's] Army Medical Specialist Corps Section.

SEC. 115. Except as otherwise specifically provided, all laws and regulations now or hereafter applicable to commissioned officers and former commissioned officers of the Army Reserve, and to their dependents and beneficiaries, shall, in like cases, be applicable respectively to commissioned officers and former commissioned officers of the Army Nurse Corps Section and the [Women's] Army Medical Specialist Corps Section of the Army Reserve, and to their dependents and beneficiaries.

SEC. 116. Appointments of Reserve officers for service in the Army Nurse Corps Section and the [Women's] Army Medical Specialist Corps Section of the Army Reserve may be made in such grades and under such regulations as may be prescribed by the Secretary of the Army, from [female citizens] male or female citizens, or male or female persons who have made a declaration of intent to become citizens of the United States, who have attained the age of twenty-one years, and who possess such physical and other qualifications as may be prescribed by the Secretary of the Army: Provided, That female officers appointed pursuant to the Act of June 22, 1944, and honorably separated from the service thereafter may, if otherwise qualified, be appointed as Reserve officers in the highest grade satisfactorily held by them in active service.

ARMY ORGANIZATION ACT OF 1950 (64 STAT. 270)

ARMY MEDICAL SERVICE

SEC. 307. There shall be in the Army an Army Medical Service, which shall consist of the Surgeon General and the Assistant Surgeons General authorized by sections 206 and 208, respectively, of this Act, the Medical Corps, the Dental Corps, the Veterinary Corps, the Medical Service Corps, the Army Nurse Corps, and the [Women's Army Medical Specialist Corps. Each such corps shall consist of Regular Army officers appointed and commissioned therein and such other members of the Army as may be assigned thereto by the Secretary of the Army; but the Secretary shall not assign to any corps of the Army Medical