§ 7033. Chief of Staff

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 162, § 3034 · 70A Stat. 162

   Enacted · 10 U.S.C. § 7033

   Aug. 10, 1956, ch. 1041, 70A Stat. 162, § 3034

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 162, § 3034

2. 1958

   Department of Defense Reorganization Act of 1958

   Pub. L. 85–599 § 4(a) · 72 Stat. 514

   Changed · 10 U.S.C. § 7033(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) Section 3034 (d) (4) of title 10, United States Code, 70A Stat. 162. is amended to read as follows: “(4) exercise supervision over such of the members and organizations Army. Chief of Staff. of the Army as the Secretary of the Army determines. Such supervision shall be exercised in a manner consistent with the full operational command vested in unified or specified Post, p. 518. combatant commanders pursuant to section 202 (j) of the National Security Act of 1947, as amended.”

3. 1962

   Pub. L. 87–651 title I § 114 · 76 Stat. 506

   Substituted · 10 U.S.C. § 7033(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   Sec. 114. Sections 3034(d)(4), 5081(c), 5201(d), and 8034(d)(4) of title 10, United States Code, are amended by striking out “pursuant 72 Stat. 516. to section 202(j) of the National Security Act of 1947, as amended” and inserting in place thereof “under section 124 of this title”.

4. 1967

   Pub. L. 90–22 title IV § 401 · 81 Stat. 52

   Changed · 10 U.S.C. § 7033(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 national emergency as declared by Congress

   Source evidence

   Code amendment note
   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 national emergency as declared by Congress.

   Enacted provision · exact public law section
   Sec. 401. Section 3034(a) of title 10, United States Code, is amended Army Chief of Staff. Appointment, term of office. 70A Stat. 162. to read as follows: “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 officers of the Army. He serves during the pleasure of the President. In time of war or national emergency declared by the Congress after December 31, 1968, he may be reappointed for a term of not more than four years.”

5. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 title V § 502(2) · 94 Stat. 2835

   Struck · 10 U.S.C. § 7033(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (2) Section 3034(b) is amended by striking out “and is counted 10 USC 3034. as one of the officers authorized to serve in a grade above lieutenant general under section 3066 of this title”.

6. 1981

   Defense Officer Personnel Management Act Technical Corrections Act

   Pub. L. 97–22 § 10(b)(4) · 95 Stat. 124

   Struck · 10 U.S.C. § 7033(b)

   Pub. L. 97–22 struck out a comma after “regular or reserve grade”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–22 struck out a comma after “regular or reserve grade”.

   Enacted provision · exact public law section
   (4) Section 3034(b) is amended by striking out the comma after “grade”.

7. 1986

   Goldwater-Nichols Department of Defense Reorganization Act of 1986

   Pub. L. 99–433 title V § 502(c) · 100 Stat. 992

   1. Substituted · 10 U.S.C. § 7033

      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 catchline

   2. Amended · 10 U.S.C. § 7033

      Pub. L. 99–433 renumbered section 3034 of this title as this section, amended text generally. Prior to amendment, text read as follows:

   Source evidence

   Code amendment note
   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 catchline, 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 officers of the Army. He serves during the pleasure of the President. In time of war or national emergency, declared 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 subject 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 preparedness 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 regard 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 exercised 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 sections 141 and 171 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.”

   Enacted provision · exact public law section
   (c) Chief of Staff.— Section 3034 is redesignated as section 3033 and is amended to read as follows: “§ 3033. Chief of Staff “(a) (1) There is a Chief of Staff of the Army, appointed for a period of four years by the President, 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 declared 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 joint duty assignment as a general officer. “(3) President of U.S. 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 3013(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 Secretary. “(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 recommendations of the Army Staff by the Secretary, act as the agent of the Secretary in carrying them intoeffect; “(4) exercise supervision, consistent with the authority assigned to commanders of unified or specified combatant commands under chapter 6 of this title, over such of the members Ante, p. 1012. and organizations of the Army as the Secretary determines; “(5) perform the duties prescribed for him by section 171 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 Defense, 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 impair 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 inform 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 affecting the duties and responsibilities of the Secretary.”.

8. 1988

   National Defense Authorization Act, Fiscal Year 1989

   Pub. L. 100–456 div. A title V § 519(a)(3) · 102 Stat. 1918

   Substituted · 10 U.S.C. § 7033(a)(2)(B)

   Pub. L. 100–456 substituted “full tour of duty in a joint duty assignment (as defined in section 664(f) of this title)” for “joint duty assignment”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(B). Pub. L. 100–456 substituted “full tour of duty in a joint duty assignment (as defined in section 664(f) of this title)” for “joint duty assignment”.

   Enacted provision · exact public law section
   (3) Sections 3033(a)(2)(B), 5033(a)(2)(B), 5043(a)(2)(B), and 8033(a)(2)(B) of such title are amended by striking out “joint duty assignment” and inserting in lieu thereof “full tour of duty in a joint duty assignment (as defined in section 664(f) of this title)”.

9. 2015

   National Defense Authorization Act for Fiscal Year 2016

   Pub. L. 114–92 div. A title VIII § 802(d)(4)(A) · 129 Stat. 726

   Substituted · 10 U.S.C. § 7033(d)(5)

   Pub. L. 114–92 substituted “sections 171 and 2547” for “section 171”

   Source evidence

   Code amendment note
   Subsec. (d)(5). Pub. L. 114–92 substituted “sections 171 and 2547” for “section 171”.

   Enacted provision · exact public law section
   (A) Section 3033(d)(5) of title 10, United States Code, is amended by striking “section 171” and inserting “sections 171 and 2547”.

10. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 808(a) · 132 Stat. 1636

    Changed · 10 U.S.C. § 7033

    Pub. L. 115–232, § 808(a), renumbered section 3033 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232, § 808(a), renumbered section 3033 of this title as this section.

    Enacted provision · exact public law section
    (a) Subtitle B, Part I, Section Numbers.— Each section in part I of subtitle B of title 10, United States Code, is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 4,000.

11. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 809(a) · 132 Stat. 1636

    Substituted · 10 U.S.C. § 7033(c)

    Pub. L. 115–232, § 809(a), substituted “section 7013(f)” for “section 3013(f)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 115–232, § 809(a), substituted “section 7013(f)” for “section 3013(f)”.

    Enacted provision · exact public law section
    (a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.

12. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1847(e)(6)(B) · 134 Stat. 3388

    Repealed · 10 U.S.C. § 7033(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)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (B) Sections 7033(d)(5), 8033(d)(5), 8043(e)(5), and 9033(d)(5) of such title are amended by striking “and 2547” and inserting “, 3103, and 4274”.

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included 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.

13. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1808(d)(3) · 134 Stat. 3388

    1. Added · 10 U.S.C. § 7033(d)(5)

       Pub. L. 116–283, § 1808(d)(3), as added by Pub. L. 117–81, § 1701(r)(2)

    2. Substituted · 10 U.S.C. § 7033(d)(5)

       Pub. L. 116–283, § 1808(d)(3), as substituted “and 3104” for “and 2547”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1808(d)(3), as added by Pub. L. 117–81, § 1701(r)(2), substituted “and 3104” for “and 2547”.

    Enacted provision · exact public law section
    (d) Cross-reference Amendments.— (1) Section 129a(c)(3) of title 10, United States Code, is amended by striking “section 2545” and inserting “section 3001”. (2) Section 1701a of such title is amended by striking “chapter 149” and inserting “chapter 205”.

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included 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.

14 of 15 references resolved to an enrolled provision · 1 partial