
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: 10USC3034]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                          PART I--ORGANIZATION
 
                       CHAPTER 305--THE ARMY STAFF
 
Sec. 3034. Vice Chief of Staff

    (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.

(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.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
3035(a)...............................  10:21c (1st sentence).               Ju
ne 28, 1950, ch. 383, Sec.  203,
3035(b)...............................  10:21c (less 1st sentence).           6
4 Stat. 266.
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---------------------------------

    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).
