10 U.S.C. § 7032 — The Army Staff: general duties

Page 2979 TITLE 10—ARMED FORCES § 7032 which shall be known as the Army Staff, and which shall consist of—’’. The words ‘‘under regulations pre- scribed by the Secretary of the Army’’ are omitted, since the Secretary has inherent authority to issue reg- ulations appropriate to exercising his statutory func- tions. In subsection (c), the third sentence is substituted for 10:21a(c) (1st 13 words and 1st proviso). The words ‘‘offi- cers and employees * * * or under the jurisdiction of’’ are omitted as surplusage. In subsections (c) and (d), the word ‘‘hereafter’’ is omitted, since all wars and emergencies declared by Congress before June 24, 1950, have been terminated. In subsection (d), the second sentence is substituted for 10:21a(d) (last 31 words of 1st sentence). The third sentence is substituted for 10:21a(d) (2d sentence). 10:21a(d) (1st 13 words of last sentence) is omitted as ex- ecuted. The words ‘‘This subsection does not apply’’ are substituted for the words ‘‘and shall be in applicable’’. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3031 of this title as this section. 1986—Pub. L. 99–433 amended section generally, sub- stituting ‘‘The Army Staff: function; composition’’ for ‘‘Composition: assignment and detail of members of Army and civilians’’ in section catchline and sub- stituting in text provisions relating to establishment and composition of the Army Staff and authorizing the Secretary to prescribe the organization, duties, and ti- tles of the Army Staff for provisions relating to estab- lishment and composition of the Army Staff, author- izing the Secretary to prescribe the organization, du- ties, and titles of the Army Staff and authorizing part of the Army Staff to be designated as the Army Gen- eral Staff, and limiting the number of officers who may be assigned or detailed to permanent duty in the execu- tive part of the Department of the Army and on or with the Army General Staff. 1984—Subsec. (d). Pub. L. 98–525 struck out subsec. (d) which provided that no commissioned officer who was assigned or detailed to duty in the executive part of the Department of the Army could serve for a tour of duty of more than four years, but that the Secretary could extend such a tour of duty if he made a special finding that the extension was necessary in the public interest, that no officer could be assigned or detailed to duty in the executive part of the Department of the Army within two years after relief from that duty, except upon a special finding by the Secretary that the assign- ment or detail was necessary in the public interest, and that the subsection did not apply in time of war, or of national emergency declared by Congress. 1975—Subsec. (c). Pub. L. 93–608 struck out require- ment of quarterly report to Congress on the number of officers in the executive part of the Department of the Army and the number of commissioned officers on or with the Army General Staff and the justification therefor. 1974—Subsec. (a)(3). Pub. L. 93–547 increased the num- ber of Deputy Chiefs of Staff from three to four. 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 1984 AMENDMENT Pub. L. 98–525, title V, § 515, Oct. 19, 1984, 98 Stat. 2522, provided that the amendment made by that section is effective Oct. 1, 1984. § 7032. The Army Staff: general duties (a) The Army Staff shall furnish professional assistance to the Secretary, the Under Sec- retary, and the Assistant Secretaries of the Army and to the Chief of Staff of the Army. (b) Under the authority, direction, and control of the Secretary of the Army, the Army Staff shall— (1) subject to subsections (c) and (d) of sec- tion 7014 of this title, prepare for such employ- ment of the Army, and for such recruiting, or- ganizing, supplying, equipping (including those aspects of research and development as- signed by the Secretary of the Army), train- ing, servicing, mobilizing, demobilizing, ad- ministering, and maintaining of the Army, as will assist in the execution of any power, duty, or function of the Secretary or the Chief of Staff; (2) investigate and report upon the efficiency of the Army and its preparation to support military operations by combatant commands; (3) prepare detailed instructions for the exe- cution of approved plans and supervise the execution of those plans and instructions; (4) as directed by the Secretary or the Chief of Staff, coordinate the action of organiza- tions of the Army; and (5) perform such other duties, not otherwise assigned by law, as may be prescribed by the Secretary. (Aug. 10, 1956, ch. 1041, 70A Stat. 161, § 3032; Pub. L. 85–599, § 4(g), Aug. 6, 1958, 72 Stat. 517; Pub. L. 99–433, title V, § 502(b), Oct. 1, 1986, 100 Stat. 1040; renumbered § 7032 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(a), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3032(a) ..... 3032(b) ..... 10:21e(a). 10:21e(b). June 28, 1950, ch. 383, § 205, 64 Stat. 266. In subsection (a), the word ‘‘furnish’’ is substituted for the word ‘‘render’’. In subsection (b)(1), the words ‘‘power, duty, or func- tion of’’ are substituted for the words ‘‘power vested in, duty imposed upon, or function assigned to’’. In subsection (b)(2), the words ‘‘all questions affect- ing’’ and ‘‘state of’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 808(a), renumbered section 3032 of this title as this section. Subsec. (b)(1). Pub. L. 115–232, § 809(a), substituted ‘‘section 7014’’ for ‘‘section 3014’’. 1986—Pub. L. 99–433, § 502(b)(3), substituted ‘‘The Army Staff: general duties’’ for ‘‘General duties’’ in section catchline. Subsec. (a). Pub. L. 99–433, § 502(b)(1), inserted ‘‘and to the Chief of Staff of the Army’’. Subsec. (b). Pub. L. 99–433, § 502(b)(2), substituted ‘‘au- thority, direction, and control of the Secretary of the Army’’ for ‘‘direction and control of the Secretary’’ in introductory provisions, inserted ‘‘subject to sub- sections (c) and (d) of section 3014 of this title,’’ and substituted ‘‘(including those aspects of research and development assigned by the Secretary of the Army), training, servicing, mobilizing, demobilizing, admin- istering, and maintaining’’ for ‘‘, training, serving, mo- 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-