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10 U.S.C. § 7036 — Chiefs of branches: appointment; duties

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 7036 — Chiefs of branches: appointment; duties

**(a)** There are in the Army the following officers: (1) Chief of Engineers. (2) Surgeon General. (3) Judge Advocate General. (4) Chief of Chaplains. **(b)** Each officer named in subsection (a), except the Judge Advocate General, shall be appointed by the President, by and with the advice and consent of the Senate, from officers above the grade of major who— (1) have shown by extensive duty in the branch concerned, or by similar duty, that they are qualified for the appointment; and (2) have been recommended by a board under subsection (e). The Surgeon General may be appointed from officers in any corps of the Army Medical Department. The Judge Advocate General shall be appointed as prescribed in [section 7037 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7037&num=0&edition=prelim). **(c)** An officer appointed under subsection (b) normally holds office for four years. However, the President may terminate or extend the appointment at any time. **(d)** Each officer named in subsection (a) shall perform duties prescribed by the Secretary of the Army and by law. **(e)** (1) Under the supervision of the Secretary, the Chief of Engineers may accept orders to provide services to another department, agency, or instrumentality of the United States or to a State or political subdivision of a State. The Chief of Engineers may provide any part of those services by contract. Services may be provided to a State, or to a political subdivision of a State, only if— (A) the work to be undertaken on behalf of non-Federal interests involves Federal assistance and the head of the department or agency providing Federal assistance for the work does not object to the provision of services by the Chief of Engineers; and (B) the se

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Stable record: federal_law:legal_authorities:record_usc_de7c2d09df2682f92eac0989
Source file: Laws/federal/codes/united-states-code/title-10/section-7036-chiefs-of-branches-appointment-duties--92177413df.md
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Source location: Title 10, Chapter 705, § 7036; chapter-705-the-army-staff.md

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**(a)** There are in the Army the following officers: (1) Chief of Engineers. (2) Surgeon General. (3) Judge Advocate General. (4) Chief of Chaplains. **(b)** Each officer named in subsection (a), except the Judge Advocate General, shall be appointed by the President, by and with the advice and consent of the Senate, from officers above the grade of major who— (1) have shown by extensive duty in the branch concerned, or by similar duty, that they are qualified for the appointment; and (2) have been recommended by a board under subsection (e). The Surgeon General may be appointed from officers in any corps of the Army Medical Department. The Judge Advocate General shall be appointed as prescribed in [section 7037 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7037&num=0&edition=prelim). **(c)** An officer appointed under subsection (b) normally holds office for four years. However, the President may terminate or extend the appointment at any time. **(d)** Each officer named in subsection (a) shall perform duties prescribed by the Secretary of the Army and by law. **(e)** (1) Under the supervision of the Secretary, the Chief of Engineers may accept orders to provide services to another department, agency, or instrumentality of the United States or to a State or political subdivision of a State. The Chief of Engineers may provide any part of those services by contract. Services may be provided to a State, or to a political subdivision of a State, only if— (A) the work to be undertaken on behalf of non-Federal interests involves Federal assistance and the head of the department or agency providing Federal assistance for the work does not object to the provision of services by the Chief of Engineers; and (B) the services are provided on a reimbursable basis. (2) In this subsection, the term “State” includes the several States, the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, territories and possessions of the United States, and Indian tribes. **(f)** (1) The Surgeon General serves as the principal advisor to the Secretary of the Army and the Chief of Staff of the Army on all health and medical matters of the Army, including strategic planning and policy development relating to such matters. (2) The Surgeon General serves as the chief medical advisor of the Army to the Director of the Defense Health Agency on matters pertaining to military health readiness requirements and safety of members of the Army. (3) The Surgeon General, acting under the authority, direction, and control of the Secretary of the Army, shall recruit, organize, train, and equip, medical personnel of the Army. **(g)** For each office to be filled under subsection (b), the Secretary shall select a board of five general officers, including the incumbent, if any, of the office, and at least two officers, if available, in a grade above major general who have had extensive service in the branch concerned. The Secretary shall give the board a list of the officers to be considered and shall specify the number of officers, not less than three, to be recommended. The list shall include— (1) the name of each officer of the Regular Army who is appointed in, or assigned to, that branch, and whose regular grade is colonel; (2) the name of each officer whose regular grade is above colonel, who has shown by extensive duty in that branch, or by similar duty, that he is qualified for the appointment; (3) to the extent that the Secretary determines advisable, the name of each officer of the Regular Army who is appointed in, or assigned to, that branch, and whose regular grade is lieutenant colonel, in the order in which their names appear on the applicable promotion lists; and (4) to the extent that the Secretary considers advisable, the name of each regular or reserve officer on active duty in a grade above lieutenant colonel who has shown by extensive duty in that branch, or by similar duty, that he is qualified for the appointment. From these officers, the board shall recommend by name the number prescribed by the Secretary, and the President may appoint any officer so recommended. If the President declines to appoint any of the recommended officers, or if the officer nominated cannot be appointed because of advice by the Senate, the Secretary shall convene a board to recommend additional officers. An officer who is recommended but not appointed shall be considered not to have been recommended. This does not affect his eligibility for selection and recommendation for the grade of brigadier general or major general under section 3306 or 3307 11 See References in Text note below. of this title.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2323a — Expediting hydropower at Corps of Engineers facilities

**(a) Policy** Congress declares that it is the policy of the United States that— (1) the development of non-Federal hydroelectric power at Corps of Engineers water resources development projects, including locks and dams, shall be given priority; (2) Corps of Engineers approval of non-Federal hydroelectric power at Corps of Engineers water resources development projects, including permitting required under [section 408 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section408&num=0&edition=prelim), shall be completed by the Corps of Engineers in a timely and consistent manner; and (3) approval of hydropower at Corps of Engineers water resources development projects shall in no way diminish the other priorities and missions of the Corps of Engineers, including authorized project purposes and habitat and environmental protection. **(b) Implementation of policy** The Secretary shall— (1) ensure that the policy described in subsection (a) is implemented nationwide in an efficient, consistent, and coordinated manner; and (2) assess opportunities— (A) to increase the development of hydroelectric power at existing water resources development projects of the Corps of Engineers with hydroelectric facilities; and (B) to develop new hydroelectric power at existing nonpowered water resources development projects of the Corps of Engineers. **(c) Report** Not later than 2 years after June 10, 2014, and biennially thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that, at a minimum, shall include— (1) a description of initiatives carried out by the Secretary to

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2201 — Prior project authorization

In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 7037 — Judge Advocate General, Deputy Judge Advocate General, and general officers of Judge Advocate General’s Corps: appointment; duties

**(a)** The President, by and with the advice and consent of the Senate, shall appoint the Judge Advocate General, the Deputy Judge Advocate General, and general officers of the Judge Advocate General’s Corps, from officers of the Judge Advocate General’s Corps, who are recommended by the Secretary of the Army. The term of office of the Judge Advocate General and the Deputy Judge Advocate General is four years. **(b)** The Judge Advocate General shall be appointed from those officers who at the time of appointment are members of the bar of a Federal court or the highest court of a State, and who have had at least eight years of experience in legal duties as commissioned officers. **(c)** The Judge Advocate General, in addition to other duties prescribed by law— (1) is the legal adviser of the Secretary of the Army and of all officers and agencies of the Department of the Army; (2) shall direct the members of the Judge Advocate General’s Corps in the performance of their duties; and (3) shall receive, revise, and have recorded the proceedings of courts of inquiry and military commissions. **(d)** Under regulations prescribed by the Secretary of Defense, the Secretary of the Army, in selecting an officer for recommendation to the President under subsection (a) for appointment as the Judge Advocate General or Deputy Judge Advocate General, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title. **(e)** No officer or employee of the Department of Defense may interfere with— (1) the ability of the Judge Advocate General to give independent legal advice to the Secretary of the Army or the Chief of Staff of the Army; or

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1061 — Findings and purposes

The Congress finds that— (1) the historically Black colleges and universities have contributed significantly to the effort to attain equal opportunity through postsecondary education for Black, low-income, and educationally disadvantaged Americans; (2) States and the Federal Government have discriminated in the allocation of land and financial resources to support Black public institutions under the Morrill Act of 1862 [[7 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section301&num=0&edition=prelim) et seq.] and its progeny, and against public and private Black colleges and universities in the award of Federal grants and contracts, and the distribution of Federal resources under this chapter and other Federal programs which benefit institutions of higher education; (3) the current state of Black colleges and universities is partly attributable to the discriminatory action of the States and the Federal Government and this discriminatory action requires the remedy of enhancement of Black postsecondary institutions to ensure their continuation and participation in fulfilling the Federal mission of equality of educational opportunity; and (4) financial assistance to establish or strengthen the physical plants, financial management, academic resources, and endowments of the historically Black colleges and universities are appropriate methods to enhance these institutions and facilitate a decrease in reliance on governmental financial support and to encourage reliance on endowments and private sources.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1962d–5b — Delegation of functions

The Council is authorized to delegate to any member or employee of the Council its administrative functions under [section 1962a–4 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962a-4&num=0&edition=prelim) and the detailed administration of the grant program under subchapter III.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 7038 — Office of Army Reserve: appointment of Chief

**(a)** There is in the executive part of the Department of the Army an Office of the Army Reserve which is headed by a chief who is the adviser to the Chief of Staff on Army Reserve matters. **(b) Appointment.—** (1) The President, by and with the advice and consent of the Senate, shall appoint the Chief of Army Reserve from general officers of the Army Reserve who have had at least 10 years of commissioned service in the Army Reserve. (2) The Secretary of Defense may not recommend an officer to the President for appointment as Chief of Army Reserve unless the officer— (A) is recommended by the Secretary of the Army; and (B) is determined by the Chairman of the Joint Chiefs of Staff, in accordance with criteria and as a result of a process established by the Chairman, to have significant joint duty experience. (3) An officer on active duty for service as the Chief of Army Reserve shall be counted for purposes of the grade limitations under sections 525 and 526 of this title. (4) Until December 31, 2006, the Secretary of Defense may waive subparagraph (B) of paragraph (2) with respect to the appointment of an officer as Chief of Army Reserve if the Secretary of the Army requests the waiver and, in the judgment of the Secretary of Defense— (A) the officer is qualified for service in the position; and (B) the waiver is necessary for the good of the service. Any such waiver shall be made on a case-by-case basis. **(c) Term; Reappointment.—** The Chief of Army Reserve is appointed for a period of four years, but may be removed for cause at any time. An officer serving as Chief of Army Reserve may be reappointed for one additional four-year period. **(d) Budget.—** The Chief of Army Reserve is the official within the executive part of the Department of t

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1804 — Inland and intracoastal waterways of the United States

For purposes of [section 4042 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section4042&num=0&edition=prelim) (relating to tax on fuel used in commercial transportation on inland waterways) and for purposes of section 1802 11 See References in Text note below. of this title, the following inland and intracoastal waterways of the United States are described in this section: (1) Alabama-Coosa Rivers: From junction with the Tombigbee River at river mile (hereinafter referred to as RM) 0 to junction with Coosa River at RM 314. (2) Allegheny River: From confluence with the Monongahela River to form the Ohio River at RM 0 to the head of the existing project at East Brady, Pennsylvania, RM 72. (3) Apalachicola-Chattahoochee and Flint Rivers: Apalachicola River from mouth at Apalachicola Bay (intersection with the Gulf Intracoastal Waterway) RM 0 to junction with Chattachoochee 22 So in original. Probably should be “Chattahoochee”. and Flint Rivers at RM 107.8. Chattachoochee 2 River from junction with Apalachicola and Flint Rivers at RM 0 to Columbus, Georgia, at RM 155 and Flint River, from junction with Apalachicola and Chattahoochee Rivers at RM 0 to Bainbridge, Georgia, at RM 28. (4) Arkansas River (McClellan-Kerr Arkansas River Navigation System): From junction with Mississippi River at RM 0 to port of Catoosa, Oklahoma, at RM 448.2. (5) Atchafalaya River: From RM 0 at its intersection with the Gulf Intracoastal Waterway at Morgan City, Louisiana, upstream to junction with Red River at RM 116.8. (6) Atlantic Intracoastal Waterway: Two inland water routes approximately paralleling the Atlantic coast between Norfolk, Virginia, and Miami, Florida, for 1,192 miles via both the Albermarle 33 So in original. Probably should be “Albemarl

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 7213 — Corps of Engineers: assignment or transfer of officers to duties involving civil functions

Officers of the Corps of Engineers may be assigned or transferred to and from duties involving the civil functions of the Corps of Engineers only with the approval of the Secretary of the Army.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2211 — “Secretary” defined

For purposes of this Act, the term “Secretary” means the Secretary of the Army.

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