
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC3036]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                          PART I--ORGANIZATION
 
                       CHAPTER 305--THE ARMY STAFF
 
Sec. 3036. Chiefs of branches: appointment; duties

    (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.

(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.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3036(a)...............................  10:21f(a).                           Ju
ne 28, 1950, ch. 383, Sec.  206,
3036(b)...............................  10:21f(b).                            6
4 Stat. 267.
                                        10:181 (1st 17 words).               Ju
ne 3, 1916, ch. 134, Sec.  11
                                        10:559g(a) (less 3d and 5th           (
1st 17 words); restated June 4,
                                         sentences).                          1
920, ch. 227, subch. I, Sec.  11
3036(c)...............................  10:559g(a) (3d sentence).             (
1st 17 words), 41 Stat. 768.
3036(d)...............................  10:21f(c).
3036(e)...............................  10:559g(b).                          Au
g. 7, 1947, ch. 512, Sec.  513(a)
                                                                              (
less 5th sentence), (b), 61 Stat.
                                                                              9
01.
-------------------------------------------------------------------------------
---------------------------------

    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 sentence)................  10:3036(d).
3036(d) (last sentence)...............  10:3036 (note).                      Oc
t. 27, 1965, Pub. 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, Secs. 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.

                  Section Referred to in Other Sections

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