
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC3033]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                          PART I--ORGANIZATION
 
                       CHAPTER 305--THE ARMY STAFF
 
Sec. 3033. Chief of Staff

    (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.

(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.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3034(a)...............................  10:21b (1st sentence).               Ju
ne 28, 1950, ch. 383, Secs.  202,
3034(b)...............................  10:21b (less 1st sentence).           2
04, 64 Stat. 266.
3034(c)...............................  10:21d(a) (1st 9 words).             Ju
ne 3, 1916, ch. 134, Sec.  5
                                        10:21d(b) (2d sentence).              (
last par.), added June 15, 1933,
                                        10:21d(c).                            c
h. 87, Sec.  2 (last par.), 48
3034(d)...............................  10:21d(a) (less 1st 9 words).         S
tat. 154.
                                        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''.

                            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

    Section 532(c) of Pub. L. 99-433, 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:
    ``(1) The President may waive, as provided in paragraph (2), the 
requirements provided for in sections 3033(a)(2), 5033(a)(2), 
5043(a)(2), and 8033(a)(2) of title 10, United States Code (as added or 
amended by sections 502, 512, 513, and 522, respectively).
    ``(2) In exercising such waiver authority, the President may, in the 
case of any officer--
        ``(A) waive the requirement under section 664 of such title (as 
    added by section 401 of this Act) for the length of a joint duty 
    assignment if the officer has served in such an assignment for not 
    less than two years; and
        ``(B) consider as a joint duty assignment any tour of duty 
    served by the officer as a general or flag officer before the date 
    of the enactment of this Act [Oct. 1, 1986] (or being served on the 
    date of the enactment of this Act) that was considered to be a joint 
    duty assignment or a joint equivalent assignment under regulations 
    in effect at the time the assignment began.
    ``(3) A waiver under paragraph (2) may not be made in the case of 
any officer more than four years after the date of the enactment of this 
Act [Oct. 1, 1986].
    ``(4) A waiver under this subsection may be made only on a case-by-
case basis.''
