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Title 10 — Armed Forces

Part I · Chapter 705 — The Army Staff

§ 7034. Vice Chief of Staff

Statutory text

(a)

There is a Vice Chief of Staff of the Army, appointed by the President, by and with the advice 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 approval of the Secretary of the Army, may delegate 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—

(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 directs otherwise, the most senior officer of the Army in the Army Staff who is not absent or disabled and who is not restricted in performance 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.

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. Aug. 10, 1956, ch. 1041, 70A Stat. 162, § 3035 · 70A Stat. 162

    Enacted · 10 U.S.C. § 7034

    Aug. 10, 1956, ch. 1041, 70A Stat. 162, § 3035

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 162, § 3035

  2. Department of Defense Reorganization Act of 1958

    Pub. L. 85–599 § 6(a) · 72 Stat. 514

    Added · 10 U.S.C. § 7034(c)

    Pub. L. 85–599 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 85–599 added subsec. (c).

    Enacted provision · exact public law section
    (a) Section 3035 of title 10, United States Code, is amended 70A Stat. 162. by adding at the end thereof a new subsection (c) to read as follows: “(c) The Vice Chief of Staff has such authority and duties with Vice Chief of Staff. respect to the Department of the Army as the Chief of Staff, with the approval of the Secretary of the Army, may delegate 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.”

  3. Goldwater-Nichols Department of Defense Reorganization Act of 1986

    Pub. L. 99–433 § 502(d) · 100 Stat. 992

    Changed · 10 U.S.C. § 7034

    Pub. L. 99–433, § 502(d), renumbered section 3035 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 99–433, § 502(d), renumbered section 3035 of this title as this section.

    Enacted provision · exact public law section
    (d) Vice Chief of Staff.— Section 8085 is redesignated as section 3034 and is amended— (1) by striking out subsections (a) and (b) and inserting in lieu thereof the following: “(a) There is a Vice Chief of Staff of the Army, appointed by the President, by and with the advice 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.”; (2) by adding at the end the following new subsection: “(d) When there is a vacancy in the office of Chief of Staff or during the absence or disability of the Chief of Staff— “(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 directs otherwise, the most senior officer of the Army in the Army Staff who is not absent or disabled and who is not restricted in performance 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.”; and (3) by striking out the section heading and inserting in lieu thereof the following: “§ 3034. Vice Chief of Starr”.

  4. Goldwater-Nichols Department of Defense Reorganization Act of 1986

    Pub. L. 99–433 § 502(d)(3) · 100 Stat. 992

    Substituted · 10 U.S.C. § 7034

    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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (3) by striking out the section heading and inserting in lieu thereof the following: “§ 3034. Vice Chief of Starr”.

  5. Goldwater-Nichols Department of Defense Reorganization Act of 1986

    Pub. L. 99–433 § 502(d)(1) · 100 Stat. 992

    Amended · 10 U.S.C. § 7034(a); 10 U.S.C. § 7034(b)

    Pub. L. 99–433, § 502(d)(1), amended subsecs. (a) and (b) generally. Prior to amendment, subsecs. (a) and (b) read as follows:

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 99–433, § 502(d)(1), amended subsecs. (a) and (b) generally. Prior to amendment, subsecs. (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 appointed or the absence or disability ceases: “(1) The Vice Chief of Staff. “(2) The Deputy Chiefs of Staff in order of seniority.”

    Enacted provision · exact public law section
    (1) by striking out subsections (a) and (b) and inserting in lieu thereof the following: “(a) There is a Vice Chief of Staff of the Army, appointed by the President, by and with the advice 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.”;

  6. Goldwater-Nichols Department of Defense Reorganization Act of 1986

    Pub. L. 99–433 § 502(d)(2) · 100 Stat. 992

    Added · 10 U.S.C. § 7034(d)

    Pub. L. 99–433, § 502(d)(2), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 99–433, § 502(d)(2), added subsec. (d).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subsection: “(d) When there is a vacancy in the office of Chief of Staff or during the absence or disability of the Chief of Staff— “(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 directs otherwise, the most senior officer of the Army in the Army Staff who is not absent or disabled and who is not restricted in performance 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.”; and

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

    Pub. L. 115–232 div. A title VIII § 808(a) · 132 Stat. 1636

    Changed · 10 U.S.C. § 7034

    Pub. L. 115–232 renumbered section 3034 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232 renumbered section 3034 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.

    Effective date note
    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.

6 of 7 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (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 omitted as surplusage.

In subsection (b), the words “If the Chief of Staff is absent or disabled or if that office is vacant” are substituted 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 successor is appointed” are omitted as surplusage.

Editorial Notes

Amendments1958–2018 · 3 rounds

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, subsecs. (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 appointed or the absence or disability ceases:

“(1) The Vice Chief of Staff.

“(2) The Deputy Chiefs of Staff in order of seniority.”

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 , 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.

Credits

1956–2018 · 4 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 162, § 3035
  2. 1958Pub. L. 85–599, § 6(a), , 72 Stat. 519
  3. 1986renumbered § 3034 and amended Pub. L. 99–433, title V, § 502(d), , 100 Stat. 1041
  4. 2018renumbered § 7034, Pub. L. 115–232, div. A, title VIII, § 808(a), , 132 Stat. 1838.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 162, § 3035; Pub. L. 85–599, § 6(a), , 72 Stat. 519; renumbered § 3034 and amended Pub. L. 99–433, title V, § 502(d), , 100 Stat. 1041; renumbered § 7034, Pub. L. 115–232, div. A, title VIII, § 808(a), , 132 Stat. 1838.)

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