CHAPTER 705 —THE ARMY STAFF
Editorial Notes
Amendments
2018—
2016—
2008—
1994—
1986—
1980—
1966—
§7031. The Army Staff: function; composition
(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.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3031(a) 3031(b) |
10:21a(a). 10:21a(b). |
June 28, 1950, ch. 383, §201, |
| 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".
Editorial Notes
Amendments
2018—
1986—
1984—Subsec. (d).
1975—Subsec. (c).
1974—Subsec. (a)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 1984 Amendment
§7032. The Army Staff: general duties
(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
(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.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3032(a) 3032(b) |
10:21e(a). 10:21e(b). |
June 28, 1950, ch. 383, §205, |
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.
Editorial Notes
Amendments
2018—
Subsec. (b)(1).
1986—
Subsec. (a).
Subsec. (b).
1958—Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§7033. 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) 1 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
(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
(5) perform the duties prescribed for him by
(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
(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,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3034(a) 3034(b) |
10:21b (1st sentence). 10:21b (less 1st sentence). |
June 28, 1950, ch. 383, §§202, 204, |
| 3034(c) 3034(d) |
10:21d(a) (1st 9 words). 10:21d(b) (2d sentence). 10:21d(c). 10:21d(a) (less 1st 9 words). 10:21d(b) (less 2d sentence). 10:38 (last par.). |
June 3, 1916, ch. 134, §5 (last par.), added June 15, 1933, ch. 87, §2 (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
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
1962 Act
The changes correct references to section 202(j) of the National Security Act of 1947, which is now set out as
Editorial Notes
References in Text
Amendments
2021—Subsec. (d)(5).
2018—
Subsec. (c).
2015—Subsec. (d)(5).
1988—Subsec. (a)(2)(B).
1986—
"(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
"(5) perform the duties described for him by
"(6) perform such other military duties, not otherwise assigned by law, as are assigned to him by the President."
1981—Subsec. (b).
1980—Subsec. (b).
1967—Subsec. (a).
1962—Subsec. (d)(4).
1958—Subsec. (d)(4).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by
Amendment by
Effective Date of 2018 Amendment
Amendment by
Effective Date of 1981 Amendment
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1967 Amendment
1 See References in Text note below.
§7034. 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,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3035(a) 3035(b) |
10:21c (1st sentence). 10:21c (less 1st sentence). |
June 28, 1950, ch. 383, §203, |
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.
Editorial Notes
Amendments
2018—
1986—
Subsecs. (a), (b).
"(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).
1958—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§7035. Deputy Chiefs of Staff and Assistant Chiefs of Staff
(a) The Deputy Chiefs of Staff and the Assistant Chiefs of Staff shall be general officers detailed to those positions.
(b) The Secretary of the Army shall prescribe the number of Deputy Chiefs of Staff and Assistant Chiefs of Staff, for a total of not more than eight positions.
(Added
Editorial Notes
Amendments
2018—
2008—Subsec. (b).
"(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."
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§7036. 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).
The Surgeon General may be appointed from officers in any corps of the Army Medical Department. The Judge Advocate General shall be appointed as prescribed in
(c) An officer appointed under subsection (b) normally holds office for four years. However, the President may terminate or extend the appointment at any time.
(d) Each officer named in subsection (a) shall perform duties prescribed by the Secretary of the Army and by law.
(e)(1) Under the supervision of the Secretary, the Chief of Engineers may accept orders to provide services to another department, agency, or instrumentality of the United States or to a State or political subdivision of a State. The Chief of Engineers may provide any part of those services by contract. Services may be provided to a State, or to a political subdivision of a State, only if—
(A) the work to be undertaken on behalf of non-Federal interests involves Federal assistance and the head of the department or agency providing Federal assistance for the work does not object to the provision of services by the Chief of Engineers; and
(B) the services are provided on a reimbursable basis.
(2) In this subsection, the term "State" includes the several States, the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, territories and possessions of the United States, and Indian tribes.
(f)(1) The Surgeon General serves as the principal advisor to the Secretary of the Army and the Chief of Staff of the Army on all health and medical matters of the Army, including strategic planning and policy development relating to such matters.
(2) The Surgeon General serves as the chief medical advisor of the Army to the Director of the Defense Health Agency on matters pertaining to military health readiness requirements and safety of members of the Army.
(3) The Surgeon General, acting under the authority, direction, and control of the Secretary of the Army, shall recruit, organize, train, and equip, medical personnel of the Army.
(g) For each office to be filled under subsection (b), the Secretary shall select a board of five general officers, including the incumbent, if any, of the office, and at least two officers, if available, in a grade above major general who have had extensive service in the branch concerned. The Secretary shall give the board a list of the officers to be considered and shall specify the number of officers, not less than three, to be recommended. The list shall include—
(1) the name of each officer of the Regular Army who is appointed in, or assigned to, that branch, and whose regular grade is colonel;
(2) the name of each officer whose regular grade is above colonel, who has shown by extensive duty in that branch, or by similar duty, that he is qualified for the appointment;
(3) to the extent that the Secretary determines advisable, the name of each officer of the Regular Army who is appointed in, or assigned to, that branch, and whose regular grade is lieutenant colonel, in the order in which their names appear on the applicable promotion lists; and
(4) to the extent that the Secretary considers advisable, the name of each regular or reserve officer on active duty in a grade above lieutenant colonel who has shown by extensive duty in that branch, or by similar duty, that he is qualified for the appointment.
From these officers, the board shall recommend by name the number prescribed by the Secretary, and the President may appoint any officer so recommended. If the President declines to appoint any of the recommended officers, or if the officer nominated cannot be appointed because of advice by the Senate, the Secretary shall convene a board to recommend additional officers. An officer who is recommended but not appointed shall be considered not to have been recommended. This does not affect his eligibility for selection and recommendation for the grade of brigadier general or major general under section 3306 or 3307 1 of this title.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3036(a) 3036(b) 3036(c) 3036(d) |
10:21f(a). 10:21f(b). 10:181 (1st 17 words). 10:559g(a) (less 3d and 5th sentences). 10:559g(a) (3d sentence). 10:21f(c). |
June 28, 1950, ch. 383, §206, June 3, 1916, ch. 134, §11 (1st 17 words); restated June 4, 1920, ch. 227, subch. I, §11 (1st 17 words), |
| 3036(e) | 10:559g(b). | Aug. 7, 1947, ch. 512, §513(a) (less 5th sentence), (b), |
In subsection (b), all references to the appointment of assistant chiefs are omitted as covered by
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
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3036(d) (1st sentence) | 10:3036(d). | |
| 3036(d) (last sentence) | 10:3036 (note). | Oct. 27, 1965, |
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.
Editorial Notes
References in Text
Amendments
2018—
Subsec. (b).
2016—Subsec. (b).
Subsecs. (d) to (g).
1996—Subsec. (b).
Subsec. (d)(3).
1992—Subsec. (d)(3).
1987—Subsec. (d).
"(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).
"(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).
1966—Subsec. (a).
1965—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Workforce Planning
"(a)
"(1) to foster, enhance, and support science, technology, engineering, and math education and awareness; and
"(2) to recruit individuals for careers at the Corps of Engineers.
"(b)
"(1) public elementary and secondary schools, including charter schools;
"(2) community colleges;
"(3) technical schools; and
"(4) colleges and universities, including historically Black colleges and universities.
"(c)
"(d)
"(e)
Veterans' Curation Program
"SECTION 1. FINDINGS.
"Congress finds the following:
"(1) The Corps of Engineers and other Federal agencies are required to preserve and catalogue artifacts and other items of national historical significance that are uncovered during the course of their work (notably under part 79 of title 36, Code of Federal Regulations).
"(2) Uncatalogued artifacts within the care of Federal agencies are stored in hundreds of repositories and museums across the Nation.
"(3) In October 2009, the Corps of Engineers, Center of Expertise for the Curation and Management of Archaeological Collections, initiated the Veterans' Curation Program to employ and train Iraq and Afghanistan veterans in archaeological processing.
"(4) The Veterans' Curation Program employs veterans and members of the Armed Forces in the sorting, cleaning, and cataloguing of artifacts managed by the Corps of Engineers.
"(5) Employees of the Veterans' Curation Program gain valuable work skills, including computer database management, records management, photographic and scanning techniques, computer software proficiency, vocabulary and writing skills, and interpersonal communication skills, as well as knowledge and training in archaeology and history.
"(6) Since 2009, a total of 241 veterans have participated in the Veterans' Curation Program, including the current class of 38 participants. Of the 203 graduates of the program, 87 percent have received permanent employment in a field related to training received under the program or chosen to continue their education.
"(7) Experience in archaeological curation gained through the Veterans' Curation Program is valuable training and experience for the museum, forensics, administrative, records management, and other fields.
"(8) Veterans' Curation Program participants may assist the Corps of Engineers in developing a more efficient and comprehensive collections management program and also may provide the workforce to meet the records management needs at other agencies and departments, including the Department of Veterans Affairs.
"SEC. 2. TRAINING AND EMPLOYMENT FOR VETERANS AND MEMBERS OF ARMED FORCES IN CURATION AND HISTORIC PRESERVATION.
"Using available funds, the Secretary of the Army, acting through the Chief of Engineers, shall carry out a Veterans' Curation Program to hire veterans and members of the Armed Forces to assist the Secretary in carrying out curation and historic preservation activities."
Corps of Engineers; Annual Budget Submission
Chief of Engineers; Fiscal Transparency Report
"(a)
"(1) the expenditures by the Corps for the preceding fiscal year and estimated expenditures by the Corps for the current fiscal year; and
"(2) for projects and activities that are not scheduled for completion in the current fiscal year, the estimated expenditures by the Corps necessary in the following fiscal year for each project or activity to maintain the same level of effort being achieved in the current fiscal year.
"(b)
"(1) With respect to activities carried out with funding provided under the Construction appropriations account for the Secretary [of the Army], information on—
"(A) projects currently under construction, including—
"(i) allocations to date;
"(ii) the number of years remaining to complete construction;
"(iii) the estimated annual Federal cost to maintain that construction schedule; and
"(iv) a list of projects the Corps of Engineers expects to complete during the current fiscal year; and
"(B) projects for which there is a signed partnership agreement and completed planning, engineering, and design, including—
"(i) the number of years the project is expected to require for completion; and
"(ii) estimated annual Federal cost to maintain that construction schedule.
"(2) With respect to operation and maintenance of the inland and intracoastal waterways identified by section 206 of the Inland Waterways Revenue Act of 1978 (
"(A) the estimated annual cost to maintain each waterway for the authorized reach and at the authorized depth;
"(B) the estimated annual cost of operation and maintenance of locks and dams to ensure navigation without interruption; and
"(C) the actual expenditures to maintain each waterway.
"(3) With respect to activities carried out with funding provided under the Investigations appropriations account for the Secretary—
"(A) the number of active studies;
"(B) the number of completed studies not yet authorized for construction;
"(C) the number of initiated studies; and
"(D) the number of studies expected to be completed during the fiscal year.
"(4) Funding received and estimates of funds to be received for interagency and international support activities under section 234 of the Water Resources Development Act of 1996 (
"(5) Recreation fees and lease payments.
"(6) Hydropower and water storage receipts.
"(7) Deposits into the Inland Waterways Trust Fund and the Harbor Maintenance Trust Fund.
"(8) Other revenues and fees collected by the Corps of Engineers.
"(9) With respect to permit applications and notifications, a list of individual permit applications and nationwide permit notifications, including—
"(A) the date on which each permit application is filed;
"(B) the date on which each permit application is determined to be complete;
"(C) the date on which any permit application is withdrawn; and
"(D) the date on which the Corps of Engineers grants or denies each permit.
"(10) With respect to projects that are authorized but for which construction is not complete, a list of such projects for which no funds have been allocated for the 5 preceding fiscal years, including, for each project—
"(A) the authorization date;
"(B) the last allocation date;
"(C) the percentage of construction completed;
"(D) the estimated cost remaining until completion of the project; and
"(E) a brief explanation of the reasons for the delay."
[Reference to "partnership agreement" deemed to be reference to "cooperation agreement", see section 2003(f)(3) of
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 (
(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.
J. C. Lambert,
Major General, U.S. Army,
The Adjutant General.
1 See References in Text note below.
§7037. Judge Advocate General, Deputy Judge Advocate General, and general officers of Judge Advocate General's Corps: appointment; duties
(a) The President, by and with the advice and consent of the Senate, shall appoint the Judge Advocate General, the Deputy 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. The term of office of the Judge Advocate General and the Deputy Judge Advocate General is four years.
(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, 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 Deputy 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
(e) No officer or employee of the Department of Defense may interfere with—
(1) the ability of the Judge Advocate General to give independent legal advice to the Secretary of the Army or the Chief of Staff of the Army; or
(2) the ability of judge advocates of the Army assigned or attached to, or performing duty with, military units to give independent legal advice to commanders.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3037(a) 3037(b) 3037(c) |
10:21h(c). 10:61a. 50:741. 10:62. 10:62a. 10:63. |
June 28, 1950, ch. 383, §208(c), |
| R.S. 1199. | ||
| June 23, 1874, ch. 458, §2, |
||
| 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
1958 Act
The change corrects an inadvertence. The source statute for
Editorial Notes
Amendments
2018—
2016—Subsec. (a).
2008—
Subsec. (a).
Subsec. (d).
2006—Subsec. (a).
Subsec. (b).
2004—Subsec. (a).
Subsec. (e).
1994—Subsec. (d).
1958—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 1958 Amendment
Amendment by
§7038. Office of Army Reserve: appointment of Chief
(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)
(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
(4) Until December 31, 2006, 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)
(d)
(e)
(f)
(Added
Editorial Notes
Prior Provisions
Prior sections 7041 to 7046 were renumbered
A prior section 7047 was renumbered
Another prior section 7047 was renumbered
Prior sections 7048 to 7050 were renumbered
Amendments
2018—
2017—Subsec. (f).
2016—Subsec. (c).
2004—Subsec. (b)(4).
2002—Subsec. (b)(4).
2000—Subsec. (b).
"(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).
1999—Subsec. (c).
1996—Subsecs. (d) to (f).
1994—Subsec. (b).
1986—
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 1999 Amendment; Applicability to Incumbents
"(g)
"(h)
"(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
Effective Date of 1994 Amendment
Amendment by
Effective Date
Section effective on first day of first calendar month following date of enactment of