§ 7036. Chiefs of branches: appointment; duties

3,773 words·~17 min read·/usc/title-10/section-7036

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(a)There are in the Army the following officers:

(1)Chief of Engineers.

(2)Surgeon General.

(3)Judge Advocate General.

(4)Chief of Chaplains.

(b)Each officer named in subsection (a), except the Judge Advocate General, shall be appointed by the President, by and with the advice and consent of the Senate, from officers above the grade of major who—

(1)have shown by extensive duty in the branch concerned, or by similar duty, that they are qualified for the appointment; and

(2)have been recommended by a board under subsection (e).

The Surgeon General may be appointed from officers in any corps of the Army Medical Department. The Judge Advocate General shall be appointed as prescribed in section 7037 of this title.

(c)An officer appointed under subsection

(b)normally holds office for four years. However, the President may terminate or extend the appointment at any time.

(d)Each officer named in subsection

(a)shall perform duties prescribed by the Secretary of the Army and by law.

(1)Under the supervision of the Secretary, the Chief of Engineers may accept orders to provide services to another department, agency, or instrumentality of the United States or to a State or political subdivision of a State. The Chief of Engineers may provide any part of those services by contract. Services may be provided to a State, or to a political subdivision of a State, only if—

(A)the work to be undertaken on behalf of non-Federal interests involves Federal assistance and the head of the department or agency providing Federal assistance for the work does not object to the provision of services by the Chief of Engineers; and

(B)the services are provided on a reimbursable basis.

(2)In this subsection, the term “State” includes the several States, the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, territories and possessions of the United States, and Indian tribes.

(1)The Surgeon General serves as the principal advisor to the Secretary of the Army and the Chief of Staff of the Army on all health and medical matters of the Army, including strategic planning and policy development relating to such matters.

(2)The Surgeon General serves as the chief medical advisor of the Army to the Director of the Defense Health Agency on matters pertaining to military health readiness requirements and safety of members of the Army.

(3)The Surgeon General, acting under the authority, direction, and control of the Secretary of the Army, shall recruit, organize, train, and equip, medical personnel of the Army.

(g)For each office to be filled under subsection (b), the Secretary shall select a board of five general officers, including the incumbent, if any, of the office, and at least two officers, if available, in a grade above major general who have had extensive service in the branch concerned. The Secretary shall give the board a list of the officers to be considered and shall specify the number of officers, not less than three, to be recommended. The list shall include—

(1)the name of each officer of the Regular Army who is appointed in, or assigned to, that branch, and whose regular grade is colonel;

(2)the name of each officer whose regular grade is above colonel, who has shown by extensive duty in that branch, or by similar duty, that he is qualified for the appointment;

(3)to the extent that the Secretary determines advisable, the name of each officer of the Regular Army who is appointed in, or assigned to, that branch, and whose regular grade is lieutenant colonel, in the order in which their names appear on the applicable promotion lists; and

(4)to the extent that the Secretary considers advisable, the name of each regular or reserve officer on active duty in a grade above lieutenant colonel who has shown by extensive duty in that branch, or by similar duty, that he is qualified for the appointment.

From these officers, the board shall recommend by name the number prescribed by the Secretary, and the President may appoint any officer so recommended. If the President declines to appoint any of the recommended officers, or if the officer nominated cannot be appointed because of advice by the Senate, the Secretary shall convene a board to recommend additional officers. An officer who is recommended but not appointed shall be considered not to have been recommended. This does not affect his eligibility for selection and recommendation for the grade of brigadier general or major general under section 3306 or 3307 1 of this title.

(Aug. 10, 1956, ch. 1041, 70A Stat. 163, § 3036; Pub. L. 89–288, § 1, Oct. 22, 1965, 79 Stat. 1050; Pub. L. 89–718, § 24, Nov. 2, 1966, 80 Stat. 1119; Pub. L. 97–295, § 1(38), Oct. 12, 1982, 96 Stat. 1296; Pub. L. 99–662, title IX, § 922, Nov. 17, 1986, 100 Stat. 4194; Pub. L. 100–26, § 7(a)(10), Apr. 21, 1987, 101 Stat. 278; Pub. L. 102–580, title II, § 211, Oct. 31, 1992, 106 Stat. 4831; Pub. L. 104–106, div. A, title V, § 506(a), Feb. 10, 1996, 110 Stat. 296; Pub. L. 104–201, div. A, title X, § 1074(a)(18), Sept. 23, 1996, 110 Stat. 2660;

Pub. L. 114–328, div. A, title V, § 502(k), title VII, § 702(b)(1), Dec. 23, 2016, 130 Stat. 2103, 2195; renumbered § 7036 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(a), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.)

In subsection (b), all references to the appointment of assistant chiefs are omitted as covered by sections 3037 and 3040 of this title. All references to the grade of brigadier general are omitted, since 10:21f(b) specifies the grade of major general for the offices. 10:559g(a) (4th sentence) is omitted as surplusage, since the appointment is to a permanent grade. 10:559g(a) (6th and 7th sentences) is omitted as executed. 10:559g(a) (last sentence) is omitted, since the revised section applies only to the officers named in subsection (a). The words “except the Judge Advocate General” are inserted for clarity. The eight words before clause (1), and clauses

(1)and (2), are substituted for the words “as prescribed in section 559g of this title”, in 10:21f(b), and 10:559g(a) (1st sentence). The second sentence is substituted for 10:559g(a) (2d sentence) and 10:21f(b) (1st 15 words). The words “selected and”, in 10:21f(b), are omitted as surplusage. The words “arms, or services”, in 10:559g(a) are omitted as obsolete, since sections 3063 and 3064 of this title designate the former arms and services as “branches”.

In subsection (c), the words “normally holds office” are substituted for the words “shall normally continue in that assignment for a tour of duty”. The words “appointment” and “office” are substituted for the words “assignment” and “tour of duty” whenever they are used in that sense.

In subsection (e), the introductory clause is substituted for 10:559g(b) (words before colon of 1st sentence). The words “in a grade above major general” are substituted for the words “of a rank above that of the position for which selections are to be made”, since all the positions are in the grade of major general. The word “select” is substituted for the word “appoint”, since the filling of the offices is not appointment to an office in the constitutional sense. The word “extensive” is substituted for the word “extended”, except where it refers to “extended” active duty, in which case the word “extended” is omitted as surplusage.

The words “the name of” are inserted for clarity. The words “appointed in, or assigned to” are substituted for the words “of the”, and “in the”, before the words “that branch”, to conform to sections 3063 and 3064 of this title. The word “regular” is substituted for the word “permanent”. The words “each regular or reserve officer” are substituted for the words “of officers of any component of the Army of the United States”. The words “these officers” are substituted for the words “among those recommended by such board”.

The words “This does not affect” are substituted for the words “but this shall in no way prejudice”. The words “to be filled”, “by it”, “other”, “which number shall”, “to be considered”, “and may in addition thereto and”, and “in the position concerned” are omitted as surplusage.

The first sentence is restated to clarify that the Secretary concerned is the Secretary of the Army. The word “services” is substituted for “work or services” because it is inclusive. The word “instrumentality” is added for clarity.

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