§ 7033. Chief of Staff

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(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 full tour of duty in a joint duty assignment (as defined in section 664(f) 1 of this title) as a general 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 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 into effect;

(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 and organizations of the Army as the Secretary 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 Defense, or the Secretary of the Army.

(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.

(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.)

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”.

1962 Act

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.

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