10 U.S. Code § 3033 - Chief of Staff
 See References in Text note below.
Historical and Revision Notes
Source (U.S. Code)
Source (Statutes at Large)
10:21b (1st sentence).
10:21b (less 1st sentence).
10:21d(a) (1st 9 words).
10:21d(b) (2d sentence).
10:21d(a) (less 1st 9 words).
10:21d(b) (less 2d sentence).
10:38 (last par.).
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 substituted 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 surplusage. 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 Career 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 subsection (c) of this section” and “state of” are omitted as surplusage.
In subsection (d), 10:38 (last par.) is omitted as covered 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 section 181–3 to 181–5 of Title 5” are omitted as covered by the words “other provisions of law”.
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.
A prior section 3033 was renumbered section 10302 of this title.
2015—Subsec. (d)(5). Pub. L. 114–92 substituted “sections 171 and 2547” for “section 171”.
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 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;
“(6) perform such other military duties, not otherwise 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 national emergency as declared by Congress.
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.
Pub. L. 99–433, title V, § 532(c), Oct. 1, 1986, 100 Stat. 1063, as amended by Pub. L. 100–26, § 11(b), Apr. 21, 1987, 101 Stat. 289; Pub. L. 100–180, div. A, title XIII, § 1314(a)(3), Dec. 4, 1987, 101 Stat. 1175, provided that the President may waive, on a case-by-case basis, requirements for appointment as Service Chief provided for in sections 3033(a)(2), 5033(a)(2), 5043(a)(2), and 8033(a)(2) of this title, for a period of four years after Oct. 1, 1986.
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