-CITE-

10 USC CHAPTER 305 - THE ARMY STAFF 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 305 - THE ARMY STAFF

.

-HEAD-

CHAPTER 305 - THE ARMY STAFF

-MISC1-

Sec.

3031. The Army Staff: function; composition.

3032. The Army Staff: general duties.

3033. Chief of Staff.

3034. Vice Chief of Staff.

3035. Deputy Chiefs of Staff and Assistant Chiefs of Staff.

3036. Chiefs of branches: appointment; duties.

3037. Judge Advocate General, Assistant Judge Advocate General, and

general officers of Judge Advocate General's Corps: appointment;

duties.

3038. Office of Army Reserve: appointment of Chief.

3039. Deputy and assistant chiefs of branches.

(3040. Repealed.)

AMENDMENTS

1994 - Pub. L. 103-337, div. A, title IX, Sec. 904(b)(2), Oct.

5, 1994, 108 Stat. 2827, struck out item 3040 ''Chief of National

Guard Bureau: appointment; acting chief''.

1986 - Pub. L. 99-433, title V, Sec. 502(g)(2), Oct. 1, 1986, 100

Stat. 1042, amended analysis generally, substituting items 3031 to

3040 for former items 3031 to 3040.

1980 - Pub. L. 96-513, title V, Sec. 512(2), Dec. 12, 1980, 94

Stat. 2929, substituted ''Deputy Chiefs'' for ''Deputy Chief'' in

item 2035, and substituted ''appointment'' for ''appointments'' in

item 3036.

1966 - Pub. L. 89-718, Sec. 25(b), Nov. 2, 1966, 80 Stat. 1119,

struck out item 3038 ''Chief of Engineers: additional duties''.

-CITE-

10 USC Sec. 3031 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 305 - THE ARMY STAFF

-HEAD-

Sec. 3031. The Army Staff: function; composition

-STATUTE-

(a) There is in the executive part of the Department of the Army

an Army Staff. The function of the Army Staff is to assist the

Secretary of the Army in carrying out his responsibilities.

(b) The Army Staff is composed of the following:

(1) The Chief of Staff.

(2) The Vice Chief of Staff.

(3) The Deputy Chiefs of Staff.

(4) The Assistant Chiefs of Staff.

(5) The Chief of Engineers.

(6) The Surgeon General of the Army.

(7) The Judge Advocate General of the Army.

(8) The Chief of Chaplains of the Army.

(9) The Chief of Army Reserve.

(10) Other members of the Army assigned or detailed to the Army

Staff.

(11) Civilian employees of the Department of the Army assigned

or detailed to the Army Staff.

(c) Except as otherwise specifically prescribed by law, the Army

Staff shall be organized in such manner, and its members shall

perform such duties and have such titles, as the Secretary may

prescribe.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 150; Pub. L. 93-547, Dec. 26,

1974, 88 Stat. 1742; Pub. L. 93-608, Sec. 1(6), Jan. 2, 1975, 88

Stat. 1968; Pub. L. 98-525, title V, Sec. 515, Oct. 19, 1984, 98

Stat. 2522; Pub. L. 99-433, title V, Sec. 502(a), Oct. 1, 1986, 100

Stat. 1039.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

3031(a) 3031(b) 10:21a(a). June 28, 1950, ch.

10:21a(b). 383, Sec. 201, 64

Stat. 265.

3031(c) 10:21a(c).

3031(d) 10:21a(d).

-------------------------------

In subsection (a), the words ''an Army Staff consisting of - ''

are substituted for the words ''a staff, which shall be known as

the Army Staff, and which shall consist of - ''. The words ''under

regulations prescribed by the Secretary of the Army'' are omitted,

since the Secretary has inherent authority to issue regulations

appropriate to exercising his statutory functions.

In subsection (c), the third sentence is substituted for

10:21a(c) (1st 13 words and 1st proviso). The words ''officers and

employees * * * or under the jurisdiction of'' are omitted as

surplusage.

In subsections (c) and (d), the word ''hereafter'' is omitted,

since all wars and emergencies declared by Congress before June 24,

1950, have been terminated.

In subsection (d), the second sentence is substituted for

10:21a(d) (last 31 words of 1st sentence). The third sentence is

substituted for 10:21a(d) (2d sentence). 10:21a(d) (1st 13 words of

last sentence) is omitted as executed. The words ''This subsection

does not apply'' are substituted for the words ''and shall be in

applicable''.

AMENDMENTS

1986 - Pub. L. 99-433 amended section generally, substituting

''The Army Staff: function; composition'' for ''Composition:

assignment and detail of members of Army and civilians'' in section

catchline and substituting in text provisions relating to

establishment and composition of the Army Staff and authorizing the

Secretary to prescribe the organization, duties, and titles of the

Army Staff for provisions relating to establishment and composition

of the Army Staff, authorizing the Secretary to prescribe the

organization, duties, and titles of the Army Staff and authorizing

part of the Army Staff to be designated as the Army General Staff,

and limiting the number of officers who may be assigned or detailed

to permanent duty in the executive part of the Department of the

Army and on or with the Army General Staff.

1984 - Subsec. (d). Pub. L. 98-525 struck out subsec. (d) which

provided that no commissioned officer who was assigned or detailed

to duty in the executive part of the Department of the Army could

serve for a tour of duty of more than four years, but that the

Secretary could extend such a tour of duty if he made a special

finding that the extension was necessary in the public interest,

that no officer could be assigned or detailed to duty in the

executive part of the Department of the Army within two years after

relief from that duty, except upon a special finding by the

Secretary that the assignment or detail was necessary in the public

interest, and that the subsection did not apply in time of war, or

of national emergency declared by Congress.

1975 - Subsec. (c). Pub. L. 93-608 struck out requirement of

quarterly report to Congress on the number of officers in the

executive part of the Department of the Army and the number of

commissioned officers on or with the Army General Staff and the

justification therefor.

1974 - Subsec. (a)(3). Pub. L. 93-547 increased the number of

Deputy Chiefs of Staff from three to four.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 515 of Pub. L. 98-525 provided that the amendment made by

that section is effective Oct. 1, 1984.

-CITE-

10 USC Sec. 3032 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 305 - THE ARMY STAFF

-HEAD-

Sec. 3032. The Army Staff: general duties

-STATUTE-

(a) The Army Staff shall furnish professional assistance to the

Secretary, the Under Secretary, and the Assistant Secretaries of

the Army and to the Chief of Staff of the Army.

(b) Under the authority, direction, and control of the Secretary

of the Army, the Army Staff shall -

(1) subject to subsections (c) and (d) of section 3014 of this

title, prepare for such employment of the Army, and for such

recruiting, organizing, supplying, equipping (including those

aspects of research and development assigned by the Secretary of

the Army), training, servicing, mobilizing, demobilizing,

administering, and maintaining of the Army, as will assist in the

execution of any power, duty, or function of the Secretary or the

Chief of Staff;

(2) investigate and report upon the efficiency of the Army and

its preparation to support military operations by combatant

commands;

(3) prepare detailed instructions for the execution of approved

plans and supervise the execution of those plans and

instructions;

(4) as directed by the Secretary or the Chief of Staff,

coordinate the action of organizations of the Army; and

(5) perform such other duties, not otherwise assigned by law,

as may be prescribed by the Secretary.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 161; Pub. L. 85-599, Sec. 4(g),

Aug. 6, 1958, 72 Stat. 517; Pub. L. 99-433, title V, Sec. 502(b),

Oct. 1, 1986, 100 Stat. 1040.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

3032(a) 3032(b) 10:21e(a). June 28, 1950, ch.

10:21e(b). 383, Sec. 205, 64

Stat. 266.

-------------------------------

In subsection (a), the word ''furnish'' is substituted for the

word ''render''.

In subsection (b)(1), the words ''power, duty, or function of''

are substituted for the words ''power vested in, duty imposed upon,

or function assigned to''.

In subsection (b)(2), the words ''all questions affecting'' and

''state of'' are omitted as surplusage.

AMENDMENTS

1986 - Pub. L. 99-433, Sec. 502(b)(3), substituted ''The Army

Staff: general duties'' for ''General duties'' in section

catchline.

Subsec. (a). Pub. L. 99-433, Sec. 502(b)(1), inserted ''and to

the Chief of Staff of the Army''.

Subsec. (b). Pub. L. 99-433, Sec. 502(b)(2), substituted

''authority, direction, and control of the Secretary of the Army''

for ''direction and control of the Secretary'' in introductory

provisions, inserted ''subject to subsections (c) and (d) of

section 3014 of this title,'' and substituted ''(including those

aspects of research and development assigned by the Secretary of

the Army), training, servicing, mobilizing, demobilizing,

administering, and maintaining'' for '', training, serving,

mobilizing, and demobilizing'' in cl. (1), substituted ''to support

military operations by combatant commands'' for ''for military

operations'' in cl. (2), and amended cl. (4) generally. Prior to

amendment, cl. (4) read as follows: ''act as agent of the Secretary

and the Chief of Staff in coordinating the action of all

organizations of the Department of the Army; and''.

1958 - Subsec. (b)(1). Pub. L. 85-599 substituted ''prepare for

such employment of the Army'' for ''prepare such plans for the

national security, for employment of the Army for that purpose,

both separately and in conjunction with the naval and air forces''.

-CITE-

10 USC Sec. 3033 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 305 - THE ARMY STAFF

-HEAD-

Sec. 3033. Chief of Staff

-STATUTE-

(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 full tour of duty in

a joint duty assignment (as defined in section 664(f) 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

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 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 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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 162, Sec. 3034; Pub. L. 85-599,

Sec. 4(a), Aug. 6, 1958, 72 Stat. 516; Pub. L. 87-651, title I,

Sec. 114, Sept. 7, 1962, 76 Stat. 513; Pub. L. 90-22, title IV,

Sec. 401, June 5, 1967, 81 Stat. 53; Pub. L. 96-513, title V, Sec.

502(2), Dec. 12, 1980, 94 Stat. 2909; Pub. L. 97-22, Sec. 10(b)(4),

July 10, 1981, 95 Stat. 137; renumbered Sec. 3033 and amended Pub.

L. 99-433, title V, Sec. 502(c), Oct. 1, 1986, 100 Stat. 1040; Pub.

L. 100-456, div. A, title V, Sec. 519(a)(3), Sept. 29, 1988, 102

Stat. 1972.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

3034(a) 3034(b) 10:21b (1st June 28, 1950, ch.

sentence). 10:21b 383, Sec. 202, 204,

(less 1st 64 Stat. 266.

sentence).

3034(c) 3034(d) 10:21d(a) (1st 9 June 3, 1916, ch.

words). 10:21d(b) 134, Sec. 5 (last

(2d sentence). par.), added June

10:21d(c). 15, 1933, ch. 87,

10:21d(a) (less 1st Sec. 2 (last par.),

9 words). 10:21d(b) 48 Stat. 154.

(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''.

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.

PRIOR PROVISIONS

A prior section 3033 was renumbered section 10302 of this title.

AMENDMENTS

1988 - 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''.

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;

''(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.''

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.

1962 - 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''.

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.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 10(b) of Pub. L. 97-22 provided that the amendment made

by that section is effective Sept. 15, 1981.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section

701 of Pub. L. 96-513, set out as a note under section 101 of this

title.

EFFECTIVE DATE OF 1967 AMENDMENT

Section 405 of title IV of Pub. L. 90-22 provided that: ''The

amendments made by this title (amending sections 3034 (now 3033),

5081, 5201, and 8034 (now 8033) of this title) shall take effect as

of January 1, 1969.''

WAIVER OF QUALIFICATIONS FOR APPOINTMENT AS SERVICE CHIEF

Pub. L. 99-433, title V, Sec. 532(c), Oct. 1, 1986, 100 Stat.

1063, as amended by Pub. L. 100-26, Sec. 11(b), Apr. 21, 1987, 101

Stat. 289; Pub. L. 100-180, div. A, title XIII, Sec. 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.

-CITE-

10 USC Sec. 3034 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 305 - THE ARMY STAFF

-HEAD-

Sec. 3034. Vice Chief of Staff

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 162, Sec. 3035; Pub. L. 85-599,

Sec. 6(a), Aug. 6, 1958, 72 Stat. 519; renumbered Sec. 3034 and

amended Pub. L. 99-433, title V, Sec. 502(d), Oct. 1, 1986, 100

Stat. 1041.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

3035(a) 3035(b) 10:21c (1st June 28, 1950, ch.

sentence). 10:21c 383, Sec. 203, 64

(less 1st Stat. 266.

sentence).

-------------------------------

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.

PRIOR PROVISIONS

A prior section 3034 was renumbered section 3033 of this title.

AMENDMENTS

1986 - Pub. L. 99-433, Sec. 502(d), renumbered section 3035 of

this title as this section.

Pub. L. 99-433, Sec. 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, Sec. 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, Sec. 502(d)(2), added subsec. (d).

1958 - Subsec. (c). Pub. L. 85-599 added subsec. (c).

-CITE-

10 USC Sec. 3035 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 305 - THE ARMY STAFF

-HEAD-

Sec. 3035. Deputy Chiefs of Staff and Assistant Chiefs of Staff

-STATUTE-

(a) The Deputy Chiefs of Staff and the Assistant Chiefs of Staff

shall be general officers detailed to those positions.

(b) The number of Deputy Chiefs of Staff and Assistant Chiefs of

Staff shall be prescribed by the Secretary, except that -

(1) there may not be more than five Deputy Chiefs of Staff; and

(2) there may not be more than three Assistant Chiefs of Staff.

-SOURCE-

(Added Pub. L. 99-433, title V, Sec. 502(e), Oct. 1, 1986, 100

Stat. 1042.)

-MISC1-

PRIOR PROVISIONS

A prior section 3035 was renumbered section 3034 of this title.

-CITE-

10 USC Sec. 3036 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 305 - THE ARMY STAFF

-HEAD-

Sec. 3036. Chiefs of branches: appointment; duties

-STATUTE-

(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).

Each officer covered by the preceding sentence, except the Surgeon

General, shall be appointed in the regular grade of major general.

The Surgeon General may be appointed from officers in any corps of

the Army Medical Department and, while so serving, has the grade of

lieutenant general. The Judge Advocate General shall be appointed

as prescribed in section 3037 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)(1) Each officer named in subsection (a) shall perform duties

prescribed by the Secretary of the Army and by law.

(2) 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.

(3) 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.

(e) 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 recommendations for the grade of brigadier general or

major general under section 3306 or 3307 of this title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 163; Pub. L. 89-288, Sec. 1,

Oct. 22, 1965, 79 Stat. 1050; Pub. L. 89-718, Sec. 24, Nov. 2,

1966, 80 Stat. 1119; Pub. L. 97-295, Sec. 1(38), Oct. 12, 1982, 96

Stat. 1296; Pub. L. 99-662, title IX, Sec. 922, Nov. 17, 1986, 100

Stat. 4194; Pub. L. 100-26, Sec. 7(a)(10), Apr. 21, 1987, 101 Stat.

278; Pub. L. 102-580, title II, Sec. 211, Oct. 31, 1992, 106 Stat.

4831; Pub. L. 104-106, div. A, title V, Sec. 506(a), Feb. 10,

1996, 110 Stat. 296; Pub. L. 104-201, div. A, title X, Sec.

1074(a)(18), Sept. 23, 1996, 110 Stat. 2660.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

3036(a) 3036(b) 10:21f(a). June 28, 1950, ch.

3036(c) 3036(d) 10:21f(b). 10:181 383, Sec. 206, 64

(1st 17 words). Stat. 267. June 3,

10:559g(a) (less 3d 1916, ch. 134, Sec.

and 5th sentences). 11 (1st 17 words);

10:559g(a) (3d restated June 4,

sentence). 1920, ch. 227,

10:21f(c). subch. I, Sec. 11

(1st 17 words), 41

Stat. 768.

3036(e) 10:559g(b). Aug. 7, 1947, ch.

512, Sec. 513(a)

(less 5th

sentence), (b), 61

Stat. 901.

-------------------------------

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.

1982 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

3036(d) (1st 10:3036(d).

sentence)

3036(d) (last 10:3036 (note). Oct. 27, 1965, Pub.

sentence) L. 89-298, Sec.

219, 79 Stat. 1089.

-------------------------------

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.

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-106 inserted ''may be appointed

from officers in any corps of the Army Medical Department and''

after ''The Surgeon General'' in concluding provisions.

Subsec. (d)(3). Pub. L. 104-201 substituted ''In this

subsection'' for ''For purposes of this subsection''.

1992 - Subsec. (d)(3). Pub. L. 102-580 added par. (3).

1987 - Subsec. (d). Pub. L. 100-26 designated existing first

sentence requiring each officer named in subsec. (a) to perform

prescribed duties as par. (1), designated existing second sentence

permitting the Chief of Engineers to accept orders to provide

services to another department, agency, or governmental

instrumentality as par. (2), and substituted ''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.'' for

''United States and, on a reimbursable basis, to a State or

political subdivision thereof. Services provided to a State or

political subdivision thereof shall be undertaken only on

condition that -

''(1) the work to be undertaken on behalf of non-Federal

interests involves Federal assistance; and

''(2) the department or agency providing Federal assistance for

the work does not object to the provision of services by the

Chief of Engineers.(,)

any part of those services by contract.''

1986 - Subsec. (d). Pub. L. 99-662 substituted ''and, on a

reimbursable basis, to a State or political subdivision thereof.

Services provided to a State or political subdivision thereof shall

be undertaken only on condition that -

''(1) the work to be undertaken on behalf of non-Federal

interests involves Federal assistance; and

''(2) the department or agency providing Federal assistance for

the work does not object to the provision of services by the

Chief of Engineers.''

for ''and may provide'', which resulted in the creation of an

incomplete sentence.

1982 - Subsec. (d). Pub. L. 97-295 substituted ''Secretary of the

Army'' for ''Secretary'' and inserted provision that, 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 and may provide any part of

those services by contract.

1966 - Subsec. (a). Pub. L. 89-718 struck out cls. (2) to (8)

naming the Chief Signal Officer, Adjutant General, Quartermaster

General, Chief of Finance, Chief of Ordnance, Chief Chemical

Officer, and Chief of Transportation respectively, and redesignated

cls. (9) to (11) as (2) to (4), respectively.

1965 - Subsec. (b). Pub. L. 89-288 provided Surgeon General,

while so serving, with grade of lieutenant general.

CHIEF OF ENGINEERS; WORK OR SERVICES FOR OTHER FEDERAL DEPARTMENTS

AND AGENCIES

Pub. L. 89-298, title II, Sec. 219, Oct. 27, 1965, 79 Stat. 1089,

which provided that the Chief of Engineers, under the supervision

of the Secretary of the Army, was authorized to accept orders from

other Federal departments and agencies for work or services and to

perform all or any part of such work or services by contract, was

repealed and restated in subsec. (d) of this section by Pub. L.

97-295, Sec. 1(38), 6(b), Oct. 12, 1982, 96 Stat. 1296, 1314.

DEPARTMENT OF DEFENSE REORGANIZATION ORDER

JANUARY 10, 1962

REORGANIZATION OF THE DEPARTMENT OF THE ARMY

By virtue of the authority vested in me by section 202(c) of the

National Security Act of 1947, as amended (72 Stat. 514; 5 U.S.C.

171a(c)), and as Secretary of Defense, it is hereby ordered as

follows:

Section 1. Abolition of officers and transfer of functions. The

following officers named in section 3036, Title 10, United States

Code, are hereby abolished and their functions transferred to the

Secretary of the Army:

(a) Chief Signal Officer;

(b) Adjutant General;

(c) Quartermaster General;

(d) Chief of Finance;

(e) Chief of Ordnance;

(f) Chief Chemical Officer, and

(g) Chief of Transportation.

Sec. 2. Transfer of functions from Chief of Engineers. The

functions vested in the Chief of Engineers by sections 3038 and

3533, Title 10, United States Code, are hereby transferred to the

Secretary of the Army.

Sec. 3. Performance of transferred functions. The Secretary of

the Army may from time to time make such provisions as he shall

deem appropriate authorizing the performance by any other officer,

or by any office, agency, or employee of the Department of the Army

of any function transferred to the Secretary by the provisions of

this order.

Sec. 4. Transitional provisions. In order to assist in the

orderly transfer of functions and to promote continuity of

operation, the Secretary of the Army may, if he considers it

necessary, delay beyond the effective date of this order the

abolition of any office or transfer of any function.

Sec. 5. Effective date. The provisions of this order shall take

effect on the date determined under section 202(c) of the National

Security Act of 1947, as amended (72 Stat. 514; 5 U.S.C. 171a(c)),

or the 16th day of February 1962, whichever is later.

J. C. Lambert,

Major General, U.S. Army,

The Adjutant General.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3039, 12009 of this

title.

-CITE-

10 USC Sec. 3037 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 305 - THE ARMY STAFF

-HEAD-

Sec. 3037. Judge Advocate General, Assistant Judge Advocate

General, and general officers of Judge Advocate General's

Corps: appointment; duties

-STATUTE-

(a) The President, by and with the advice and consent of the

Senate, shall appoint the Judge Advocate General, the Assistant

Judge Advocate General, and general officers of the Judge Advocate

General's Corps, from officers of the Judge Advocate General's

Corps, who are recommended by the Secretary of the Army. An officer

appointed as the Judge Advocate General or Assistant Judge Advocate

General normally holds office for four years. However, the

President may terminate or extend the appointment at any time. If

an officer who is so appointed holds a lower regular grade, he

shall be appointed in the regular grade of major general.

(b) The Judge Advocate General shall be appointed from those

officers who at the time of appointment are members of the bar of a

Federal court or the highest court of a State or Territory, and who

have had at least eight years of experience in legal duties as

commissioned officers.

(c) The Judge Advocate General, in addition to other duties

prescribed by law -

(1) is the legal adviser of the Secretary of the Army and of

all officers and agencies of the Department of the Army;

(2) shall direct the members of the Judge Advocate General's

Corps in the performance of their duties; and

(3) shall receive, revise, and have recorded the proceedings of

courts of inquiry and military commissions.

(d) Under regulations prescribed by the Secretary of Defense, the

Secretary of the Army, in selecting an officer for recommendation

to the President under subsection (a) for appointment as the Judge

Advocate General or Assistant Judge Advocate General, shall ensure

that the officer selected is recommended by a board of officers

that, insofar as practicable, is subject to the procedures

applicable to selection boards convened under chapter 36 of this

title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 164; Pub. L. 85-861, Sec.

33(a)(18), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 103-337, div. A,

title V, Sec. 504(a), Oct. 5, 1994, 108 Stat. 2750.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

3037(a) 3037(b) 10:21h(c). 10:61a. June 28, 1950, ch.

3037(c) 50:741. 10:62. 383, Sec. 208(c),

10:62a. 10:63. 64 Stat. 267. June

24, 1948, ch. 625,

Sec. 248, 249, 62

Stat. 643. May 5,

1950, ch. 169, Sec.

13, 64 Stat. 147.

R.S. 1199.

June 23, 1874, ch.

458, Sec. 2, 18

Stat. 244.

R.S. 1201.

-------------------------------

In subsection (a), the words ''Notwithstanding any other

provision of law'' and ''for such positions'' are omitted as

surplusage. The last sentence is substituted for 10:61a (last

sentence). 10:21h(c) is omitted as covered by 10:61a.

In subsection (b), the words ''Hereafter'' and ''exclusive of the

present incumbents'' are omitted as surplusage.

In subsection (c), the words ''In addition to duties elsewhere

prescribed for him by law'', in 10:62, are omitted as surplusage.

The words ''and perform such other duties as may be prescribed by

the Secretary of the Army'', in 10:62, are omitted as superseded by

sections 3012(e) and 3036(d) of this title. Clause (2) is

substituted for 10:62a (words after semicolon) and 63. The Act of

June 23, 1874, ch. 458, Sec. 2 (words before semicolon of 1st

sentence, and last sentence), 18 Stat. 244, are not contained in

10:62. They are also omitted from the revised section as superseded

by sections 3037(a) and 3211 of this title.

1958 ACT

The change corrects an inadvertence. The source statute for

section 3036(c) of title 10 (the third sentence of sec. 513(a) of

the Officer Personnel Act of 1947, 61 Stat. 901), providing for a

4-year term of office, applied also to the Judge Advocate General

and the Assistant Judge Advocate General. As restated in section

3036(c), it now applies only to the officers named in section

3036(b), which excludes the two officers named. For this reason,

the effect of the source statute with respect to those officers is

added to section 3037(a), relating to their appointment.

AMENDMENTS

1994 - Subsec. (d). Pub. L. 103-337 added subsec. (d).

1958 - Subsec. (a). Pub. L. 85-861 provided that the Judge

Advocate General or Assistant Judge Advocate General shall normally

hold office for four years, and empowered the President to

terminate or extend the appointment at any time.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section

33(g) of Pub. L. 85-861, set out as a note under section 101 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3036, 3039 of this title.

-CITE-

10 USC Sec. 3038 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 305 - THE ARMY STAFF

-HEAD-

Sec. 3038. Office of Army Reserve: appointment of Chief

-STATUTE-

(a) There is in the executive part of the Department of the Army

an Office of the Army Reserve which is headed by a chief who is the

adviser to the Chief of Staff on Army Reserve matters.

(b) Appointment. - (1) The President, by and with the advice and

consent of the Senate, shall appoint the Chief of Army Reserve from

general officers of the Army Reserve who have had at least 10 years

of commissioned service in the Army Reserve.

(2) The Secretary of Defense may not recommend an officer to the

President for appointment as Chief of Army Reserve unless the

officer -

(A) is recommended by the Secretary of the Army; and

(B) is determined by the Chairman of the Joint Chiefs of Staff,

in accordance with criteria and as a result of a process

established by the Chairman, to have significant joint duty

experience.

(3) An officer on active duty for service as the Chief of Army

Reserve shall be counted for purposes of the grade limitations

under sections 525 and 526 of this title.

(4) Until December 31, 2004, the Secretary of Defense may waive

subparagraph (B) of paragraph (2) with respect to the appointment

of an officer as Chief of Army Reserve if the Secretary of the Army

requests the waiver and, in the judgment of the Secretary of

Defense -

(A) the officer is qualified for service in the position; and

(B) the waiver is necessary for the good of the service.

Any such waiver shall be made on a case-by-case basis.

(c) Term; Reappointment; Grade. - (1) The Chief of Army Reserve

is appointed for a period of four years, but may be removed for

cause at any time. An officer serving as Chief of Army Reserve may

be reappointed for one additional four-year period.

(2) The Chief of Army Reserve, while so serving, holds the grade

of lieutenant general.

(d) Budget. - The Chief of Army Reserve is the official within

the executive part of the Department of the Army who, subject to

the authority, direction, and control of the Secretary of the Army

and the Chief of Staff, is responsible for justification and

execution of the personnel, operation and maintenance, and

construction budgets for the Army Reserve. As such, the Chief of

Army Reserve is the director and functional manager of

appropriations made for the Army Reserve in those areas.

(e) Full Time Support Program. - The Chief of Army Reserve

manages, with respect to the Army Reserve, the personnel program of

the Department of Defense known as the Full Time Support Program.

(f) Annual Report. - (1) The Chief of Army Reserve shall submit

to the Secretary of Defense, through the Secretary of the Army, an

annual report on the state of the Army Reserve and the ability of

the Army Reserve to meet its missions. The report shall be

prepared in conjunction with the Chief of Staff of the Army and may

be submitted in classified and unclassified versions.

(2) The Secretary of Defense shall transmit the annual report of

the Chief of Army Reserve under paragraph (1) to Congress, together

with such comments on the report as the Secretary considers

appropriate. The report shall be transmitted at the same time each

year that the annual report of the Secretary under section 113 of

this title is submitted to Congress.

-SOURCE-

(Added Pub. L. 90-168, Sec. 2(16), Dec. 1, 1967, 81 Stat. 523, Sec.

3019; renumbered Sec. 3038 and amended Pub. L. 99-433, title V,

Sec. 501(a)(4), 502(g)(1), Oct. 1, 1986, 100 Stat. 1034, 1042; Pub.

L. 103-337, div. A, title XVI, Sec. 1672(c)(1), Oct. 5, 1994, 108

Stat. 3015; Pub. L. 104-201, div. A, title XII, Sec. 1212(a),

Sept. 23, 1996, 110 Stat. 2691; Pub. L. 106-65, div. A, title V,

Sec. 554(b), Oct. 5, 1999, 113 Stat. 617; Pub. L. 106-398, Sec. 1

((div. A), title V, Sec. 507(a)), Oct. 30, 2000, 114 Stat. 1654,

1654A-102; Pub. L. 107-314, div. A, title V, Sec. 501(a), Dec. 2,

2002, 116 Stat. 2529.)

-MISC1-

PRIOR PROVISIONS

A prior section 3038, act Aug. 10, 1956, ch. 1041, 70A Stat. 164,

charged Chief of Engineers with responsibility for Army

construction, real estate acquisition and management, and the

operation of water, gas, electric, and sewer utilities, prior to

repeal by Pub. L. 89-718, Sec. 25(a), Nov. 2, 1966, 80 Stat. 1119.

AMENDMENTS

2002 - Subsec. (b)(4). Pub. L. 107-314 substituted ''December 31,

2004'' for ''October 1, 2003'' in introductory provisions.

2000 - Subsec. (b). Pub. L. 106-398 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''The

President, by and with the advice and consent of the Senate, shall

appoint the Chief of Army Reserve from officers of the Army Reserve

not on active duty, or on active duty under section 10211 of this

title, who -

''(1) have had at least 10 years of commissioned service in the

Army Reserve;

''(2) are in grade of brigadier general and above; and

''(3) have been recommended by the Secretary of the Army.''

Subsec. (c). Pub. L. 106-398 amended subsec. (c) generally.

Prior to amendment, subsec. (c) read as follows: ''The Chief of

Army Reserve holds office for four years but may be removed for

cause at any time. He is eligible to succeed himself. If he holds

a lower reserve grade, he shall be appointed in the grade of major

general for service in the Army Reserve. However, if selected in

accordance with section 12505 of this title, he may be appointed in

the grade of lieutenant general.''

1999 - Subsec. (c). Pub. L. 106-65 inserted at end ''However, if

selected in accordance with section 12505 of this title, he may be

appointed in the grade of lieutenant general.''

1996 - Subsecs. (d) to (f). Pub. L. 104-201 added subsecs. (d) to

(f).

1994 - Subsec. (b). Pub. L. 103-337 substituted ''10211'' for

''265''.

1986 - Pub. L. 99-433, Sec. 501(a)(4), renumbered section 3019 of

this title as this section.

Subsec. (c). Pub. L. 99-433, Sec. 502(g)(1), substituted

''service'' for ''services''.

EFFECTIVE DATE OF 1999 AMENDMENT; APPLICABILITY TO INCUMBENTS

Pub. L. 106-65, div. A, title V, Sec. 554(g), (h), Oct. 5, 1999,

113 Stat. 617, provided that:

''(g) Effective Date. - The amendments made by this section

(enacting section 12505 of this title and amending this section and

sections 5143, 5144, 8038, and 10506 of this title) shall take

effect 60 days after the date of the enactment of this Act (Oct. 5,

1999).

''(h) Applicability to Incumbents. - (1) If an officer who is a

covered position incumbent is appointed under the amendments made

by this section to the grade of lieutenant general or vice admiral,

the term of service of that officer in that covered position shall

not be extended by reason of such appointment.

''(2) For purposes of this subsection:

''(A) The term 'covered position incumbent' means a reserve

component officer who on the effective date specified in

subsection (g) is serving in a covered position.

''(B) The term 'covered position' means a position specified in

section 12505 of title 10, United States Code, as added by

subsection (a).''

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

EFFECTIVE DATE

Section effective on first day of first calendar month following

date of enactment of Pub. L. 90-168, which was approved Dec. 1,

1967, see section 7 of Pub. L. 90-168, set out as an Effective Date

of 1967 Amendment note under section 138 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 641 of this title.

-CITE-

10 USC Sec. 3039 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 305 - THE ARMY STAFF

-HEAD-

Sec. 3039. Deputy and assistant chiefs of branches

-STATUTE-

(a) Each officer named in section 3036 of this title shall have,

in addition to the assistants prescribed by subsections (b) and (c)

and by section 3037 of this title, such deputies and assistants as

the Secretary of the Army may prescribe. Each such deputy and

assistant shall be an officer detailed by the Secretary to that

position from the officers of the Army for a tour of duty of not

more than four years, under a procedure prescribed by the Secretary

similar to that prescribed in section 3036 of this title.

(b) There is an Assistant Surgeon General appointed from the

officers of the Dental Corps, as prescribed in section 3036 of this

title. The Assistant Surgeon General is Chief of the Dental Corps

and is responsible for making recommendations to the Surgeon

General and through the Surgeon General to the Chief of Staff on

all matters concerning dentistry and the dental health of the Army.

An appointee who holds a lower regular grade shall be appointed in

the regular grade of major general.

(c) There are two assistants to the Chief of Engineers appointed

as prescribed in section 3036 of this title. An appointee who

holds a lower regular grade shall be appointed in the regular grade

of brigadier general.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 165, Sec. 3040; Pub. L. 95-485,

title VIII, Sec. 805(a), Oct. 20, 1978, 92 Stat. 1621; renumbered

Sec. 3039 and amended Pub. L. 99-433, title V, Sec. 502(f)(2), Oct.

1, 1986, 100 Stat. 1042.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

3040(a) 3040(b) 10:21h(a). June 28, 1950, ch.

3040(c) 10:21h(b). 10:181 383, Sec. 208 (less

(18th through 25th (c)), 64 Stat. 268.

words). 10:181a June 3, 1916, ch.

(14th through 30th 134, Sec. 11 (18th

words). through 25th

words); restated

June 4, 1920, ch.

227, subch. I, Sec.

11 (18th through

25th words), 41

Stat. 768.

June 26, 1936, ch.

839 (16th through

31st words), 49

Stat. 1974.

-------------------------------

In subsection (a), the words ''in addition to the assistants

prescribed by subsections (b) and (c) and section 3037 of this

title'' are substituted for the words ''Except as prescribed in

subsections (b) and (c) of this section''. The words ''selected

and'', ''which procedure shall be'', and 10:21h(a) (last 21 words)

are omitted as surplusage.

In subsection (b), the words ''appointed from the officers of the

Dental Corps'' are substituted for the words ''who shall be an

officer of the Dental Corps, and who shall be selected and

appointed''. The last sentence is substituted for the words ''with

the rank of major general''.

Subsection (c) is based on section 11 of the National Defense

Act, as amended by the Act of June 26, 1936, ch. 839, 49 Stat. 1974

(10:181 and 181a), which provides for two assistants to the Chief

of Engineers with the rank of brigadier general, and as impliedly

amended by section 513(a) and 513(b) of the Officer Personnel Act

of 1947 (10:559g), which provides the method of selection of

assistant chiefs of branches, and prescribes that assistant chiefs

be promoted to the grade held as such in the Regular Army if they

hold a lower grade in the Regular Army. Section 404(f) of the Army

Organization Act of 1950, 64 Stat. 274, exempts these two positions

from the operation of section 208(a) of that act (10:21h(a)).

PRIOR PROVISIONS

A prior section 3039, act Aug. 10, 1956, ch. 1041, 70A Stat. 164,

related to Inspector General and Provost Marshal General, prior to

repeal by Pub. L. 99-433, Sec. 502(f)(1). See section 3020 of this

title.

AMENDMENTS

1986 - Pub. L. 99-433 renumbered section 3040 of this title as

this section and substituted ''section 3036'' for ''sections 3036

and 3039'' in subsec. (a).

1978 - Subsec. (b). Pub. L. 95-485 inserted provision

establishing the Assistant Surgeon General as Chief of the Dental

Corps and making him responsible for recommendations to the Surgeon

General and through the Surgeon General to the Chief of Staff on

all matters concerning dentistry and dental health of the Army.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3081 of this title.

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10 USC Sec. 3040 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 305 - THE ARMY STAFF

-HEAD-

(Sec. 3040. Repealed. Pub. L. 103-337, div. A, title IX, Sec.

904(b)(1), Oct. 5, 1994, 108 Stat. 2827)

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Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 159, Sec. 3015;

Aug. 6, 1958, Pub. L. 85-599, Sec. 12, 72 Stat. 521; renumbered

Sec. 3040, Oct. 1, 1986, Pub. L. 99-433, title V, Sec. 501(a)(1),

100 Stat. 1034; Sept. 29, 1988, Pub. L. 100-456, div. A, title

XII, Sec. 1234(a)(1), 102 Stat. 2059, related to National Guard

Bureau, Chief of Bureau, appointment and acting Chief. See sections

10501, 10502, and 10505 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective at end of 90-day period beginning on Oct. 5,

1994, see section 904(d) of Pub. L. 103-337, set out as an

Effective Date note under section 10501 of this title.

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