10 U.S.C. § 7035 — Deputy Chiefs of Staff and Assistant

Page 2982 TITLE 10—ARMED FORCES § 7035 (1) the Vice Chief of Staff shall perform the duties of the Chief of Staff until a successor is appointed or the absence or disability ceases; or (2) if there is a vacancy in the office of the Vice Chief of Staff or the Vice Chief of Staff is absent or disabled, unless the President di- rects otherwise, the most senior officer of the Army in the Army Staff who is not absent or disabled and who is not restricted in perform- ance of duty shall perform the duties of the Chief of Staff until a successor to the Chief of Staff or the Vice Chief of Staff is appointed or until the absence or disability of the Chief of Staff or Vice Chief of Staff ceases, whichever occurs first. (Aug. 10, 1956, ch. 1041, 70A Stat. 162, § 3035; Pub. L. 85–599, § 6(a), Aug. 6, 1958, 72 Stat. 519; renum- bered § 3034 and amended Pub. L. 99–433, title V, § 502(d), Oct. 1, 1986, 100 Stat. 1041; renumbered § 7034, 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) 3035(a) ..... 3035(b) ..... 10:21c (1st sentence). 10:21c (less 1st sentence). June 28, 1950, ch. 383, § 203, 64 Stat. 266. In subsection (a), the words ‘‘of the Army’’ are omit- ted as surplusage. In subsection (b), the words ‘‘If the Chief of Staff is absent or disabled or if that office is vacant’’ are sub- stituted for 10:21c (1st 18 words of last sentence). The words ‘‘the officer who is highest on the following list and’’ are inserted for clarity. The words ‘‘until his suc- cessor is appointed’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3034 of this title as this section. 1986—Pub. L. 99–433, § 502(d), renumbered section 3035 of this title as this section. Pub. L. 99–433, § 502(d)(3), substituted ‘‘Vice Chief of Staff’’ for ‘‘Vice Chief of Staff, Deputy Chiefs of Staff, and Assistant Chiefs of Staff: succession to duties of Chief of Staff’’ in section catchline. Subsecs. (a), (b). Pub. L. 99–433, § 502(d)(1), amended subsecs. (a) and (b) generally. Prior to amendment, sub- secs. (a) and (b) read as follows: ‘‘(a) The Vice Chief of Staff, the Deputy Chiefs of Staff, and the Assistant Chiefs of Staff shall be general officers detailed to those positions. ‘‘(b) If the Chief of Staff is absent or disabled or if that office is vacant, the officer who is highest on the following list and who is not absent or disabled shall, unless otherwise directed by the President, perform the duties of the Chief of Staff until a successor is ap- pointed or the absence or disability ceases: ‘‘(1) The Vice Chief of Staff. ‘‘(2) The Deputy Chiefs of Staff in order of senior- ity.’’ Subsec. (d). Pub. L. 99–433, § 502(d)(2), added subsec. (d). 1958—Subsec. (c). Pub. L. 85–599 added subsec. (c). 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. § 7035. Deputy Chiefs of Staff and Assistant Chiefs of Staff (a) The Deputy Chiefs of Staff and the Assist- ant Chiefs of Staff shall be general officers de- tailed to those positions. (b) The Secretary of the Army shall prescribe the number of Deputy Chiefs of Staff and Assist- ant Chiefs of Staff, for a total of not more than eight positions. (Added Pub. L. 99–433, title V, § 502(e), Oct. 1, 1986, 100 Stat. 1042, § 3035; amended Pub. L. 110–181, div. A, title IX, § 902(a), Jan. 28, 2008, 122 Stat. 272; renumbered § 7035, Pub. L. 115–232, div. A, title VIII, § 808(a), Aug. 13, 2018, 132 Stat. 1838.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3035 of this title as this section. 2008—Subsec. (b). Pub. L. 110–181, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘The number of Deputy Chiefs of Staff and As- sistant Chiefs of Staff shall be prescribed by the Sec- retary, except that— ‘‘(1) there may not be more than five Deputy Chiefs of Staff; and ‘‘(2) there may not be more than three Assistant Chiefs of Staff.’’ 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. § 7036. Chiefs of branches: appointment; duties (a) There are in the Army the following offi- cers: (1) Chief of Engineers. (2) Surgeon General. (3) Judge Advocate General. (4) Chief of Chaplains. (b) Each officer named in subsection (a), ex- cept the Judge Advocate General, shall be ap- pointed 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 of- ficers in any corps of the Army Medical Depart- ment. The Judge Advocate General shall be ap- pointed as prescribed in section 7037 of this title. (c) An officer appointed under subsection (b) normally holds office for four years. However, the President may terminate or extend the ap- pointment 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 pro- vide services to another department, agency, or instrumentality of the United States or to a