Public Law 119-73 (01/23/2026)

10 U.S.C. § 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)
1
1 See References in Text note below.
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)
section 7013(f) of this title Except as otherwise prescribed by law and subject to , 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 sections 171 and 3104 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)
section 151 of this title 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. 104170A Stat. 162Pub. L. 85–599, § 4(a)72 Stat. 516Pub. L. 87–651, title I, § 11476 Stat. 513Pub. L. 90–22, title IV, § 40181 Stat. 53Pub. L. 96–513, title V, § 502(2)94 Stat. 2909Pub. L. 97–22, § 10(b)(4)95 Stat. 137Pub. L. 99–433, title V, § 502(c)100 Stat. 1040Pub. L. 100–456, div. A, title V, § 519(a)(3)102 Stat. 1972Pub. L. 114–92, div. A, title VIII, § 802(d)(4)(A)129 Stat. 880Pub. L. 115–232, div. A, title VIII132 Stat. 1838Pub. L. 116–283, div. A, title XVIII, § 1808(d)(3)Pub. L. 117–81, div. A, title XVII, § 1701(r)(2)135 Stat. 2149Pub. L. 116–283, div. A, title XVIII, § 1847(e)(6)(B)134 Stat. 4257Pub. L. 117–81, div. A, title XVII, § 1701(r)(1)(B)135 Stat. 2149(, , § 3034; , , ; , , ; , , ; , , ; , , ; renumbered § 3033 and amended , , ; , , ; , , ; renumbered § 7033 and amended , §§ 808(a), 809(a), , , 1840; , as added , , ; , , ; , , .)

Historical and Revision Notes

1956 Act

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, 64 Stat. 266.

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.), 48 Stat. 154.

In subsection (a), the words “not for” are substituted for the words “no person shall serve as Chief of Staff for a term of”.

section 743 of this title63 Stat. 80237 U.S.C. 231In 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 . The words “He shall receive the compensation prescribed by law” are omitted as covered by the Career Compensation Act of 1949, ( 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”.

Act1962

section 124 of title 10The 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

Section 664(f) of this titlesection 664(d) of this titlePub. L. 114–328, div. A, title V, § 510(g)(1)130 Stat. 2111, referred to in subsec. (a)(2)(B), was redesignated as by , , .

Amendments

Pub. L. 116–283, § 1847(e)(6)(B)Pub. L. 117–81, § 1701(r)(1)(B)2021—Subsec. (d)(5). , which directed substitution of “, 3103, and 4274” for “and 2547”, was repealed by .

Pub. L. 116–283, § 1808(d)(3)Pub. L. 117–81, § 1701(r)(2), as added by , substituted “and 3104” for “and 2547”.

Pub. L. 115–232, § 808(a)section 3033 of this title2018—, renumbered as this section.

Pub. L. 115–232, § 809(a)Subsec. (c). , substituted “section 7013(f)” for “section 3013(f)”.

Pub. L. 114–922015—Subsec. (d)(5). substituted “sections 171 and 2547” for “section 171”.

Pub. L. 100–456section 664(f) of this title1988—Subsec. (a)(2)(B). substituted “full tour of duty in a joint duty assignment (as defined in )” for “joint duty assignment”.

Pub. L. 99–433section 3034 of this title1986— renumbered 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 , 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;

section 124 of this title“(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 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.”

Pub. L. 97–221981—Subsec. (b). struck out a comma after “regular or reserve grade”.

Pub. L. 96–513section 3066 of this title1980—Subsec. (b). 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 .

Pub. L. 90–221967—Subsec. (a). 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.

Pub. L. 87–651section 124 of this title1962—Subsec. (d)(4). substituted “under ” for “pursuant to section 202(j) of the National Security Act of 1947, as amended”.

Pub. L. 85–5991958—Subsec. (d)(4). 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.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81Pub. L. 116–283section 1701(a)(2) of Pub. L. 117–81section 3001 of this titleAmendment by applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and note below.

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .

Effective Date of 2018 Amendment

Pub. L. 115–232section 800 of Pub. L. 115–232section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .

Effective Date of 1981 Amendment

Pub. L. 97–22, § 10(b)95 Stat. 137, , , provided that the amendment made by section 10(b)(4) is effective .

Effective Date of 1980 Amendment

Pub. L. 96–513section 701 of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1967 Amendment

Pub. L. 90–22, title IV, § 40581 Stat. 53

“The amendments made by this title [amending sections 3034, 5081, 5201, and 8034 of this title] shall take effect as of .”
, , , provided that: