10 U.S.C. § 7033 — Chief of Staff

Page 2980 TITLE 10—ARMED FORCES § 7033 1 See References in Text note below. bilizing, and demobilizing’’ in cl. (1), substituted ‘‘to support military operations by combatant commands’’ for ‘‘for military operations’’ in cl. (2), and amended cl. (4) generally. Prior to amendment, cl. (4) read as fol- lows: ‘‘act as agent of the Secretary and the Chief of Staff in coordinating the action of all organizations of the Department of the Army; and’’. 1958—Subsec. (b)(1). Pub. L. 85–599 substituted ‘‘pre- pare for such employment of the Army’’ for ‘‘prepare such plans for the national security, for employment of the Army for that purpose, both separately and in con- junction with the naval and air forces’’. 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. § 7033. Chief of Staff (a)(1) There is a Chief of Staff of the Army, ap- pointed for a period of four years by the Presi- dent, by and with the advice and consent of the Senate, from the general officers of the Army. He serves at the pleasure of the President. In time of war or during a national emergency de- clared by Congress, he may be reappointed for a term of not more than four years. (2) The President may appoint an officer as Chief of Staff only if— (A) the officer has had significant experience in joint duty assignments; and (B) such experience includes at least one full tour of duty in a joint duty assignment (as de- fined in section 664(f) 1 of this title) as a gen- eral officer. (3) The President may waive paragraph (2) in the case of an officer if the President determines such action is necessary in the national interest. (b) The Chief of Staff, while so serving, has the grade of general without vacating his permanent grade. (c) Except as otherwise prescribed by law and subject to section 7013(f) of this title, the Chief of Staff performs his duties under the authority, direction, and control of the Secretary of the Army and is directly responsible to the Sec- retary. (d) Subject to the authority, direction, and control of the Secretary of the Army, the Chief of Staff shall— (1) preside over the Army Staff; (2) transmit the plans and recommendations of the Army Staff to the Secretary and advise the Secretary with regard to such plans and recommendations; (3) after approval of the plans or rec- ommendations of the Army Staff by the Sec- retary, act as the agent of the Secretary in carrying them into effect; (4) exercise supervision, consistent with the authority assigned to commanders of unified or specified combatant commands under chap- ter 6 of this title, over such of the members and organizations of the Army as the Sec- retary determines; (5) perform the duties prescribed for him by sections 171 and 3104 of this title and other provisions of law; and (6) perform such other military duties, not otherwise assigned by law, as are assigned to him by the President, the Secretary of De- fense, or the Secretary of the Army. (e)(1) The Chief of Staff shall also perform the duties prescribed for him as a member of the Joint Chiefs of Staff under section 151 of this title. (2) To the extent that such action does not im- pair the independence of the Chief of Staff in the performance of his duties as a member of the Joint Chiefs of Staff, the Chief of Staff shall in- form the Secretary regarding military advice rendered by members of the Joint Chiefs of Staff on matters affecting the Department of the Army. (3) Subject to the authority, direction, and control of the Secretary of Defense, the Chief of Staff shall keep the Secretary of the Army fully informed of significant military operations af- fecting the duties and responsibilities of the Secretary. (Aug. 10, 1956, ch. 1041, 70A Stat. 162, § 3034; Pub. L. 85–599, § 4(a), Aug. 6, 1958, 72 Stat. 516; Pub. L. 87–651, title I, § 114, Sept. 7, 1962, 76 Stat. 513; Pub. L. 90–22, title IV, § 401, June 5, 1967, 81 Stat. 53; Pub. L. 96–513, title V, § 502(2), Dec. 12, 1980, 94 Stat. 2909; Pub. L. 97–22, § 10(b)(4), July 10, 1981, 95 Stat. 137; renumbered § 3033 and amended Pub. L. 99–433, title V, § 502(c), Oct. 1, 1986, 100 Stat. 1040; Pub. L. 100–456, div. A, title V, § 519(a)(3), Sept. 29, 1988, 102 Stat. 1972; Pub. L. 114–92, div. A, title VIII, § 802(d)(4)(A), Nov. 25, 2015, 129 Stat. 880; renumbered § 7033 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(a), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840; Pub. L. 116–283, div. A, title XVIII, § 1808(d)(3), as added Pub. L. 117–81, div. A, title XVII, § 1701(r)(2), Dec. 27, 2021, 135 Stat. 2149; Pub. L. 116–283, div. A, title XVIII, § 1847(e)(6)(B), Jan. 1, 2021, 134 Stat. 4257; Pub. L. 117–81, div. A, title XVII, § 1701(r)(1)(B), Dec. 27, 2021, 135 Stat. 2149.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 3034(a) ..... 3034(b) ..... 10:21b (1st sentence). 10:21b (less 1st sentence). June 28, 1950, ch. 383, §§ 202, 204, 64 Stat. 266. 3034(c) ..... 3034(d) ..... 10:21d(a) (1st 9 words). 10:21d(b) (2d sentence). 10:21d(c). 10:21d(a) (less 1st 9 words). 10:21d(b) (less 2d sen- tence). 10:38 (last par.). June 3, 1916, ch. 134, § 5 (last par.), added June 15, 1933, ch. 87, § 2 (last par.), 48 Stat. 154. In subsection (a), the words ‘‘not for’’ are substituted for the words ‘‘no person shall serve as Chief of Staff for a term of’’. In subsection (b), the words ‘‘so serving’’ are sub- stituted for the words ‘‘holding office as such’’. The words ‘‘regular or reserve’’ are substituted for the word ‘‘permanent’’, since there are no other ‘‘permanent’’ grades. The words ‘‘in the Army’’ are omitted as sur- plusage. The words ‘‘and shall take rank as prescribed by law’’ are omitted as covered by section 743 of this title. The words ‘‘He shall receive the compensation prescribed by law’’ are omitted as covered by the Ca- reer Compensation Act of 1949, 63 Stat. 802 (37 U.S.C. 231 et seq.). In subsection (c), the provisions of 10:21d relating to the direction of the Secretary of the Army over the Chief of Staff are combined. The words ‘‘and of sub- Page 2981 TITLE 10—ARMED FORCES § 7034 section (c) of this section’’ and ‘‘state of’’ are omitted as surplusage. In subsection (d), 10:38 (last par.) is omitted as cov- ered by 10:21d(a). The words ‘‘by sections 1a–1g, 19, 21a–21h, 61–1, 81–1, 231a and 316–1 of this title and sec- tion 181–3 to 181–5 of Title 5’’ are omitted as covered by the words ‘‘other provisions of law’’. 1962 ACT The changes correct references to section 202(j) of the National Security Act of 1947, which is now set out as section 124 of title 10. Editorial Notes REFERENCES IN TEXT Section 664(f) of this title, referred to in subsec. (a)(2)(B), was redesignated as section 664(d) of this title by Pub. L. 114–328, div. A, title V, § 510(g)(1), Dec. 23, 2016, 130 Stat. 2111. AMENDMENTS 2021—Subsec. (d)(5). Pub. L. 116–283, § 1847(e)(6)(B), which directed substitution of ‘‘, 3103, and 4274’’ for ‘‘and 2547’’, was repealed by Pub. L. 117–81, § 1701(r)(1)(B). Pub. L. 116–283, § 1808(d)(3), as added by Pub. L. 117–81, § 1701(r)(2), substituted ‘‘and 3104’’ for ‘‘and 2547’’. 2018—Pub. L. 115–232, § 808(a), renumbered section 3033 of this title as this section. Subsec. (c). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 7013(f)’’ for ‘‘section 3013(f)’’. 2015—Subsec. (d)(5). Pub. L. 114–92 substituted ‘‘sec- tions 171 and 2547’’ for ‘‘section 171’’. 1988—Subsec. (a)(2)(B). Pub. L. 100–456 substituted ‘‘full tour of duty in a joint duty assignment (as de- fined in section 664(f) of this title)’’ for ‘‘joint duty as- signment’’. 1986—Pub. L. 99–433 renumbered section 3034 of this title as this section, substituted ‘‘Chief of Staff’’ for ‘‘Chief of Staff: appointment; duties’’ in section catch- line, and amended text generally. Prior to amendment, text read as follows: ‘‘(a) The Chief of Staff shall be appointed by the President, by and with the advice and consent of the Senate, for a period of four years, from the general offi- cers of the Army. He serves during the pleasure of the President. In time of war or national emergency, de- clared by the Congress after December 31, 1968, he may be reappointed for a term of not more than four years. ‘‘(b) The Chief of Staff, while so serving, has the grade of general without vacating his regular or reserve grade. ‘‘(c) Except as otherwise prescribed by law and sub- ject to section 3012(c) and (d) of this title, the Chief of Staff performs his duties under the direction of the Secretary of the Army, and is directly responsible to the Secretary for the efficiency of the Army, its pre- paredness for military operations, and plans therefor. ‘‘(d) The Chief of Staff shall— ‘‘(1) preside over the Army Staff; ‘‘(2) send the plans and recommendations of the Army Staff to the Secretary, and advise him with re- gard thereto; ‘‘(3) after approval of the plans or recommendations of the Army Staff by the Secretary, act as the agent of the Secretary in carrying them into effect; ‘‘(4) exercise supervision over such of the members and organizations of the Army as the Secretary of the Army determines. Such supervision shall be exer- cised in a manner consistent with the full operational command vested in unified or specified combatant commanders under section 124 of this title; ‘‘(5) perform the duties described for him by sec- tions 141 and 171 of this title and other provisions of law; and ‘‘(6) perform such other military duties, not other- wise assigned by law, as are assigned to him by the President.’’ 1981—Subsec. (b). Pub. L. 97–22 struck out a comma after ‘‘regular or reserve grade’’. 1980—Subsec. (b). Pub. L. 96–513 struck out provision under which the Chief of Staff is counted as one of the officers authorized to serve in a grade above lieutenant general under section 3066 of this title. 1967—Subsec. (a). Pub. L. 90–22 changed requirement that Chief of Staff be reappointed only with advice and consent of Senate by providing for his reappointment for a term of not more than four years by President without such advice and consent in a time of war or na- tional emergency as declared by Congress. 1962—Subsec. (d)(4). Pub. L. 87–651 substituted ‘‘under section 124 of this title’’ for ‘‘pursuant to section 202(j) of the National Security Act of 1947, as amended’’. 1958—Subsec. (d)(4). Pub. L. 85–599 required Chief of Staff to exercise supervision only as Secretary of the Army determines and in a manner consistent with full operational command vested in unified or specified combatant commanders. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. 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 1981 AMENDMENT Pub. L. 97–22, § 10(b), July 10, 1981, 95 Stat. 137, pro- vided that the amendment made by section 10(b)(4) is effective Sept. 15, 1981. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Pub. L. 90–22, title IV, § 405, June 5, 1967, 81 Stat. 53, provided that: ‘‘The amendments made by this title [amending sections 3034, 5081, 5201, and 8034 of this title] shall take effect as of January 1, 1969.’’ § 7034. Vice Chief of Staff (a) There is a Vice Chief of Staff of the Army, appointed by the President, by and with the ad- vice and consent of the Senate, from the general officers of the Army. (b) The Vice Chief of Staff of the Army, while so serving, has the grade of general without vacating his permanent grade. (c) The Vice Chief of Staff has such authority and duties with respect to the Department of the Army as the Chief of Staff, with the ap- proval of the Secretary of the Army, may dele- gate to or prescribe for him. Orders issued by the Vice Chief of Staff in performing such duties have the same effect as those issued by the Chief of Staff. (d) When there is a vacancy in the office of Chief of Staff or during the absence or disability of the Chief of Staff—