US (United States) Code. Title 10. Subtitle B. Part I. Chapter 303: Department of the Army

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-CITE-

10 USC CHAPTER 303 - DEPARTMENT OF THE ARMY 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 303 - DEPARTMENT OF THE ARMY

.

-HEAD-

CHAPTER 303 - DEPARTMENT OF THE ARMY

-MISC1-

Sec.

3011. Organization.

3012. Department of the Army: seal.

3013. Secretary of the Army.

3014. Office of the Secretary of the Army.

3015. Under Secretary of the Army.

3016. Assistant Secretaries of the Army.

3017. Secretary of the Army: successors to duties.

3018. Administrative Assistant.

3019. General Counsel.

3020. Inspector General.

3021. Army Reserve Forces Policy Committee.

3022. Financial management.

3023. Chief of Legislative Liaison.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title V, Sec. 504(c)(1)(B), Dec.

2, 2002, 116 Stat. 2532, added item 3023.

1988 - Pub. L. 100-456, div. A, title VII, Sec. 702(a)(3), Sept.

29, 1988, 102 Stat. 1994, added item 3022.

1986 - Pub. L. 99-433, title V, Sec. 501(b), Oct. 1, 1986, 100

Stat. 1039, amended analysis generally, substituting items 3011 to

3021 for former items 3010 to 3019.

1967 - Pub. L. 90-168, Sec. 2(17), Dec. 1, 1967, 81 Stat. 524,

added item 3019.

1964 - Pub. L. 88-426, title III, Sec. 305(40)(B), 306(j)(2),

Aug. 14, 1964, 78 Stat. 427, 431, struck out ''; compensation''

from item 3012, and struck out item 3018 ''Compensation of General

Counsel''.

1962 - Pub. L. 87-651, title II, Sec. 210(b), Sept. 7, 1962, 76

Stat. 524, added item 3010.

1958 - Pub. L. 85-861, Sec. 1(59)(B), Sept. 2, 1958, 72 Stat.

1462, added item 3018.

-CITE-

10 USC Sec. 3010 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 303 - DEPARTMENT OF THE ARMY

-HEAD-

(Sec. 3010. Renumbered Sec. 3011)

-CITE-

10 USC Sec. 3011 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 303 - DEPARTMENT OF THE ARMY

-HEAD-

Sec. 3011. Organization

-STATUTE-

The Department of the Army is separately organized under the

Secretary of the Army. It operates under the authority, direction,

and control of the Secretary of Defense.

-SOURCE-

(Added Pub. L. 87-651, title II, Sec. 210(a), Sept. 7, 1962, 76

Stat. 524, Sec. 3010; renumbered Sec. 3011, Pub. L. 99-433, title

V, Sec. 501(a)(2), Oct. 1, 1986, 100 Stat. 1034.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

3010 5:171a(c)(7) (1st July 26, 1947, ch.

sentence, as 343, Sec. 202(c)(7)

applicable to (1st sentence, as

Department of applicable, to

Army). Department of

Army); added Aug.

6, 1958, Pub. L. 85-

599, Sec. 3(a) (1st

sentence of 8th

par., as applicable

to Department of

Army), 72 Stat.

516.

-------------------------------

The word ''operates'' is substituted for the words ''shall

function''.

PRIOR PROVISIONS

A prior section 3011 was renumbered section 3012 of this title.

-CITE-

10 USC Sec. 3012 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 303 - DEPARTMENT OF THE ARMY

-HEAD-

Sec. 3012. Department of the Army: seal

-STATUTE-

The Secretary of the Army shall have a seal for the Department of

the Army. The design of the seal must be approved by the President.

Judicial notice shall be taken of the seal.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 157, Sec. 3011; renumbered Sec.

3012, Pub. L. 99-433, title V, Sec. 501(a)(2), Oct. 1, 1986, 100

Stat. 1034.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

3011 5:181-1(d). July 26, 1947, ch.

343, Sec. 205(d),

61 Stat. 501.

-------------------------------

The words ''of office'' are omitted as surplusage.

PRIOR PROVISIONS

A prior section 3012 was renumbered section 3013 of this title

and subsequently repealed.

-CITE-

10 USC Sec. 3013 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 303 - DEPARTMENT OF THE ARMY

-HEAD-

Sec. 3013. Secretary of the Army

-STATUTE-

(a)(1) There is a Secretary of the Army, appointed from civilian

life by the President, by and with the advice and consent of the

Senate. The Secretary is the head of the Department of the Army.

(2) A person may not be appointed as Secretary of the Army within

five years after relief from active duty as a commissioned officer

of a regular component of an armed force.

(b) Subject to the authority, direction, and control of the

Secretary of Defense and subject to the provisions of chapter 6 of

this title, the Secretary of the Army is responsible for, and has

the authority necessary to conduct, all affairs of the Department

of the Army, including the following functions:

(1) Recruiting.

(2) Organizing.

(3) Supplying.

(4) Equipping (including research and development).

(5) Training.

(6) Servicing.

(7) Mobilizing.

(8) Demobilizing.

(9) Administering (including the morale and welfare of

personnel).

(10) Maintaining.

(11) The construction, outfitting, and repair of military

equipment.

(12) The construction, maintenance, and repair of buildings,

structures, and utilities and the acquisition of real property

and interests in real property necessary to carry out the

responsibilities specified in this section.

(c) Subject to the authority, direction, and control of the

Secretary of Defense, the Secretary of the Army is also responsible

to the Secretary of Defense for -

(1) the functioning and efficiency of the Department of the

Army;

(2) the formulation of policies and programs by the Department

of the Army that are fully consistent with national security

objectives and policies established by the President or the

Secretary of Defense;

(3) the effective and timely implementation of policy, program,

and budget decisions and instructions of the President or the

Secretary of Defense relating to the functions of the Department

of the Army;

(4) carrying out the functions of the Department of the Army so

as to fulfill (to the maximum extent practicable) the current and

future operational requirements of the unified and specified

combatant commands;

(5) effective cooperation and coordination between the

Department of the Army and the other military departments and

agencies of the Department of Defense to provide for more

effective, efficient, and economical administration and to

eliminate duplication;

(6) the presentation and justification of the positions of the

Department of the Army on the plans, programs, and policies of

the Department of Defense; and

(7) the effective supervision and control of the intelligence

activities of the Department of the Army.

(d) The Secretary of the Army is also responsible for such other

activities as may be prescribed by law or by the President or

Secretary of Defense.

(e) After first informing the Secretary of Defense, the Secretary

of the Army may make such recommendations to Congress relating to

the Department of Defense as he considers appropriate.

(f) The Secretary of the Army may assign such of his functions,

powers, and duties as he considers appropriate to the Under

Secretary of the Army and to the Assistant Secretaries of the Army.

Officers of the Army shall, as directed by the Secretary, report on

any matter to the Secretary, the Under Secretary, or any Assistant

Secretary.

(g) The Secretary of the Army may -

(1) assign, detail, and prescribe the duties of members of the

Army and civilian personnel of the Department of the Army;

(2) change the title of any officer or activity of the

Department of the Army not prescribed by law; and

(3) prescribe regulations to carry out his functions, powers,

and duties under this title.

-SOURCE-

(Added Pub. L. 99-433, title V, Sec. 501(a)(5), Oct. 1, 1986, 100

Stat. 1035; amended Pub. L. 99-661, div. A, title V, Sec. 534,

Nov. 14, 1986, 100 Stat. 3873.)

-MISC1-

PRIOR PROVISIONS

A prior section 3013, acts Aug. 10, 1956, ch. 1041, 70A Stat.

157, Sec. 3012; Sept. 2, 1958, Pub. L. 85-861, Sec. 1(57), 72 Stat.

1462; Sept. 7, 1962, Pub. L. 87-651, title II, Sec. 211, 76 Stat.

524; Aug. 14, 1964, Pub. L. 88-426, title III, Sec. 305(2),

306(j)(1), 78 Stat. 422, 431; Nov. 2, 1966, Pub. L. 89-718, Sec.

22, 80 Stat. 1118; renumbered Sec. 3013, Oct. 1, 1986, Pub. L.

99-433, title V, Sec. 501(a)(2), 100 Stat. 1034, related to

Secretary of the Army, powers and duties, and delegations, prior to

repeal by Pub. L. 99-433, Sec. 501(a)(5).

Another prior section 3013 was renumbered section 3014 of this

title and subsequently repealed.

AMENDMENTS

1986 - Subsec. (a)(2). Pub. L. 99-661 substituted ''five years''

for ''10 years''.

DEMONSTRATION PROJECT FOR USE OF ARMY INSTALLATIONS TO PROVIDE

PRERELEASE EMPLOYMENT TRAINING TO NONVIOLENT OFFENDERS IN STATE

PENAL SYSTEMS

Pub. L. 103-337, div. A, title X, Sec. 1065, Oct. 5, 1994, 108

Stat. 2849, provided that:

''(a) Demonstration Project Authorized. - The Secretary of the

Army may conduct a demonstration project to test the feasibility of

using Army facilities to provide employment training to nonviolent

offenders in a State penal system before their release from

incarceration. The demonstration project shall be limited to not

more than three military installations under the jurisdiction of

the Secretary.

''(b) Sources of Training. - The Secretary may enter into a

cooperative agreement with one or more private, nonprofit

organizations for purposes of providing at the military

installations included in the demonstration project the prerelease

employment training authorized under subsection (a) or may provide

such training directly at such installations by agreement with the

State concerned.

''(c) Use of Facilities. - Under a cooperative agreement entered

into under subsection (b), the Secretary may lease or otherwise

make available to a nonprofit organization participating in the

demonstration project at a military installation included in the

demonstration project any real property or facilities at the

installation that the Secretary considers to be appropriate for use

to provide the prerelease employment training authorized under

subsection (a). Notwithstanding section 2667(b)(4) of title 10,

United States Code, the use of such real property or facilities may

be permitted with or without reimbursement.

''(d) Acceptance of Services. - Notwithstanding section 1342 of

title 31, United States Code, the Secretary may accept voluntary

services provided by persons participating in the prerelease

employment training authorized under subsection (a).

''(e) Liability and Indemnification. - (1) The Secretary may not

enter into a cooperative agreement under subsection (b) with a

nonprofit organization for the participation of that organization

in the demonstration project unless the agreement includes

provisions that the nonprofit organization shall -

''(A) be liable for any loss or damage to Federal Government

property that may result from, or in connection with, the

provision of prerelease employment training by the organization

under the demonstration project; and

''(B) hold harmless and indemnify the United States from and

against any suit, claim, demand, action, or liability arising out

of any claim for personal injury or property damage that may

result from or in connection with the demonstration project.

''(2) The Secretary may not enter into an agreement under

subsection (b) with the State concerned for the provision of

prerelease employment training directly by the Secretary unless the

agreement with the State concerned includes provisions that the

State shall -

''(A) be liable for any loss or damage to Federal Government

property that may result from, or in connection with, the

provision of the training except to the extent that the loss or

damage results from a wrongful act or omission of Federal

Government personnel; and

''(B) hold harmless and indemnify the United States from and

against any suit, claim, demand, action, or liability arising out

of any claim for personal injury or property damage that may

result from, or in connection with, the provision of the training

except to the extent that the personal injury or property damage

results from a wrongful act or omission of Federal Government

personnel.

''(f) Report. - Not later than two years after the date of the

enactment of this Act (Oct. 5, 1994), the Secretary shall submit to

Congress a report evaluating the success of the demonstration

project and containing such recommendations with regard to the

termination, continuation, or expansion of the demonstration

project as the Secretary considers appropriate.''

ORDER OF SUCCESSION

For order of succession in event of death, disability, or

resignation of Secretary of Defense, see Ex. Ord. No. 13000, Apr.

24, 1996, 61 F.R. 18483, set out as a note under section 3345 of

Title 5, Government Organization and Employees.

For order of succession in event of death, permanent disability,

or resignation of Secretary of the Army, see Ex. Ord. No. 12908,

Apr. 22, 1994, 59 F.R. 21907, set out as a note under section 3345

of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 162, 3033, 10171 of this

title; title 32 section 113.

-CITE-

10 USC Sec. 3014 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 303 - DEPARTMENT OF THE ARMY

-HEAD-

Sec. 3014. Office of the Secretary of the Army

-STATUTE-

(a) There is in the Department of the Army an Office of the

Secretary of the Army. The function of the Office is to assist the

Secretary of the Army in carrying out his responsibilities.

(b) The Office of the Secretary of the Army is composed of the

following:

(1) The Under Secretary of the Army.

(2) The Assistant Secretaries of the Army.

(3) The Administrative Assistant to the Secretary of the Army.

(4) The General Counsel of the Department of the Army.

(5) The Inspector General of the Army.

(6) The Chief of Legislative Liaison.

(7) The Army Reserve Forces Policy Committee.

(8) Such other offices and officials as may be established by

law or as the Secretary of the Army may establish or designate.

(c)(1) The Office of the Secretary of the Army shall have sole

responsibility within the Office of the Secretary and the Army

Staff for the following functions:

(A) Acquisition.

(B) Auditing.

(C) Comptroller (including financial management).

(D) Information management.

(E) Inspector General.

(F) Legislative affairs.

(G) Public affairs.

(2) The Secretary of the Army shall establish or designate a

single office or other entity within the Office of the Secretary of

the Army to conduct each function specified in paragraph (1). No

office or other entity may be established or designated within the

Army Staff to conduct any of the functions specified in paragraph

(1).

(3) The Secretary shall prescribe the relationship of each office

or other entity established or designated under paragraph (2) to

the Chief of Staff and to the Army Staff and shall ensure that each

such office or entity provides the Chief of Staff such staff

support as the Chief of Staff considers necessary to perform his

duties and responsibilities.

(4) The vesting in the Office of the Secretary of the Army of the

responsibility for the conduct of a function specified in paragraph

(1) does not preclude other elements of the executive part of the

Department of the Army (including the Army Staff) from providing

advice or assistance to the Chief of Staff or otherwise

participating in that function within the executive part of the

Department under the direction of the office assigned

responsibility for that function in the Office of the Secretary of

the Army.

(5) The head of the office or other entity established or

designated by the Secretary to conduct the auditing function shall

have at least five years of professional experience in accounting

or auditing. The position shall be considered to be a career

reserved position as defined in section 3132(a)(8) of title 5.

(d)(1) Subject to paragraph (2), the Office of the Secretary of

the Army shall have sole responsibility within the Office of the

Secretary and the Army Staff for the function of research and

development.

(2) The Secretary of the Army may assign to the Army Staff

responsibility for those aspects of the function of research and

development that relate to military requirements and test and

evaluation.

(3) The Secretary shall establish or designate a single office or

other entity within the Office of the Secretary of the Army to

conduct the function specified in paragraph (1).

(4) The Secretary shall prescribe the relationship of the office

or other entity established or designated under paragraph (3) to

the Chief of Staff of the Army and to the Army Staff and shall

ensure that each such office or entity provides the Chief of Staff

such staff support as the Chief of Staff considers necessary to

perform his duties and responsibilities.

(e) The Secretary of the Army shall ensure that the Office of the

Secretary of the Army and the Army Staff do not duplicate specific

functions for which the Secretary has assigned responsibility to

the other.

(f)(1) The total number of members of the armed forces and

civilian employees of the Department of the Army assigned or

detailed to permanent duty in the Office of the Secretary of the

Army and on the Army Staff may not exceed 3,105.

(2) Not more than 1,865 officers of the Army on the active-duty

list may be assigned or detailed to permanent duty in the Office of

the Secretary of the Army and on the Army Staff.

(3) The total number of general officers assigned or detailed to

permanent duty in the Office of the Secretary of the Army and on

the Army Staff may not exceed 67.

(4) The limitations in paragraphs (1), (2), and (3) do not apply

in time of war or during a national emergency declared by the

President or Congress. The limitation in paragraph (2) does not

apply whenever the President determines that it is in the national

interest to increase the number of officers assigned or detailed to

permanent duty in the Office of the Secretary of the Army or on the

Army Staff.

-SOURCE-

(Added Pub. L. 99-433, title V, Sec. 501(a)(5), Oct. 1, 1986, 100

Stat. 1036; amended Pub. L. 100-180, div. A, title XIII, Sec.

1314(b)(7), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 100-456, div. A,

title III, Sec. 325(a), Sept. 29, 1988, 102 Stat. 1955; Pub. L.

101-189, div. A, title VI, Sec. 652(a)(4), Nov. 29, 1989, 103

Stat. 1461; Pub. L. 107-107, div. A, title X, Sec. 1048(a)(27),

Dec. 28, 2001, 115 Stat. 1225; Pub. L. 107-314, div. A, title V,

Sec. 504(c)(2), Dec. 2, 2002, 116 Stat. 2532.)

-MISC1-

PRIOR PROVISIONS

A prior section 3014, acts Aug. 10, 1956, ch. 1041, 70A Stat.

158, Sec. 3013; Aug. 6, 1958, Pub. L. 85-599, Sec. 8(a), 72 Stat.

519; Sept. 2, 1958, Pub. L. 85-861, Sec. 1(58), 72 Stat. 1462; Aug.

14, 1964, Pub. L. 88-426, title III, Sec. 305(3), 78 Stat. 422;

Dec. 1, 1967, Pub. L. 90-168, Sec. 2(12), 81 Stat. 523; Dec. 31,

1970, Pub. L. 91-611, title II, Sec. 211(a), 84 Stat. 1829; Nov. 9,

1979, Pub. L. 96-107, title VIII, Sec. 820(b), 93 Stat. 819; Sept.

24, 1983, Pub. L. 98-94, title XII, Sec. 1212(c)(1), 97 Stat. 687;

renumbered Sec. 3014, Oct. 1, 1986, Pub. L. 99-433, title V, Sec.

501(a)(2), 100 Stat. 1034, related to Under Secretary and Assistant

Secretaries of the Army, appointment, and duties, prior to repeal

by Pub. L. 99-433, Sec. 501(a)(5). See sections 3015 and 3016 of

this title.

Another prior section 3014 was renumbered section 3015 of this

title and subsequently repealed.

AMENDMENTS

2002 - Subsec. (b)(6) to (8). Pub. L. 107-314 added par. (6) and

redesignated former pars. (6) and (7) as (7) and (8), respectively.

2001 - Subsec. (f)(3). Pub. L. 107-107 substituted ''67'' for

''the number equal to 85 percent of the number of general officers

assigned or detailed to such duty on the date of the enactment of

this subsection''.

1989 - Subsec. (f)(5). Pub. L. 101-189 struck out par. (5) which

read as follows: ''The limitations in paragraphs (1), (2), and (3)

do not apply before October 1, 1988.''

1988 - Subsec. (c)(5). Pub. L. 100-456 added par. (5).

1987 - Subsec. (f)(4). Pub. L. 100-180 inserted ''the President

or'' after ''declared by''.

EFFECTIVE DATE OF 1988 AMENDMENT

Requirements of subsec. (c)(5) of this section applicable with

respect to any person appointed on or after Sept. 29, 1988, as head

of office or other entity designated for conducting auditing

function in a military department, see section 325(d)(1) of Pub. L.

100-456, set out as a note under section 5014 of this title.

EFFECTIVE DATE

Section 532(a) of Pub. L. 99-433 provided that: ''The provisions

of subsections (c) and (d) of each of sections 3014, 5014, and 8014

of title 10, United States Code, as added by sections 501, 511, and

521, respectively, shall be implemented not later than 180 days

after the date of the enactment of this Act (Oct. 1, 1986).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3023, 3032 of this title.

-CITE-

10 USC Sec. 3015 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 303 - DEPARTMENT OF THE ARMY

-HEAD-

Sec. 3015. Under Secretary of the Army

-STATUTE-

(a) There is an Under Secretary of the Army, appointed from

civilian life by the President, by and with the advice and consent

of the Senate.

(b) The Under Secretary shall perform such duties and exercise

such powers as the Secretary of the Army may prescribe.

-SOURCE-

(Added Pub. L. 99-433, title V, Sec. 501(a)(5), Oct. 1, 1986, 100

Stat. 1037.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 3013 of this title prior to enactment of Pub. L. 99-433.

A prior section 3015, acts Aug. 10, 1956, ch. 1041, 70A Stat.

158, Sec. 3014; renumbered Sec. 3015, Oct. 1, 1986, Pub. L. 99-433,

title V, Sec. 501(a)(2), 100 Stat. 1034, related to Comptroller and

Deputy Comptroller of the Army, powers and duties, and appointment,

prior to repeal by Pub. L. 99-433, Sec. 501(a)(5).

Another prior section 3015 was renumbered section 3040 of this

title and subsequently repealed.

ORDER OF SUCCESSION

For order of succession in event of death, disability, or

resignation of Secretary of Defense, see Ex. Ord. No. 13000, Apr.

24, 1996, 61 F.R. 18483, set out as a note under section 3345 of

Title 5, Government Organization and Employees.

For order of succession in event of death, permanent disability,

or resignation of Secretary of the Army, see Ex. Ord. No. 12908,

Apr. 22, 1994, 59 F.R. 21907, set out as a note under section 3345

of Title 5.

-CITE-

10 USC Sec. 3016 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 303 - DEPARTMENT OF THE ARMY

-HEAD-

Sec. 3016. Assistant Secretaries of the Army

-STATUTE-

(a) There are five Assistant Secretaries of the Army. They shall

be appointed from civilian life by the President, by and with the

advice and consent of the Senate.

(b)(1) The Assistant Secretaries shall perform such duties and

exercise such powers as the Secretary of the Army may prescribe.

(2) One of the Assistant Secretaries shall be the Assistant

Secretary of the Army for Manpower and Reserve Affairs. He shall

have as his principal duty the overall supervision of manpower and

reserve component affairs of the Department of the Army.

(3) One of the Assistant Secretaries shall be the Assistant

Secretary of the Army for Civil Works. He shall have as his

principal duty the overall supervision of the functions of the

Department of the Army relating to programs for conservation and

development of the national water resources, including flood

control, navigation, shore protection, and related purposes.

(4) One of the Assistant Secretaries shall be the Assistant

Secretary of the Army for Financial Management. The Assistant

Secretary shall have as his principal responsibility the exercise

of the comptroller functions of the Department of the Army,

including financial management functions. The Assistant Secretary

shall be responsible for all financial management activities and

operations of the Department of the Army and shall advise the

Secretary of the Army on financial management.

-SOURCE-

(Added Pub. L. 99-433, title V, Sec. 501(a)(5), Oct. 1, 1986, 100

Stat. 1038; amended Pub. L. 100-456, div. A, title VII, Sec.

702(a)(1), Sept. 29, 1988, 102 Stat. 1992.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 3013 of this title prior to enactment of Pub. L. 99-433.

A prior section 3016 was renumbered section 3018 of this title.

AMENDMENTS

1988 - Subsec. (b)(4). Pub. L. 100-456 added par. (4).

EFFECTIVE DATE OF 1988 AMENDMENT

Section 702(e)(1) of Pub. L. 100-456 provided that: ''The

amendments made by subsections (a) and (b) (enacting sections 3022

and 5025 of this title and amending this section and section 5016

of this title) shall take effect on January 20, 1989.''

ORDER OF SUCCESSION

For order of succession in event of death, disability, or

resignation of Secretary of Defense, see Ex. Ord. No. 13000, Apr.

24, 1996, 61 F.R. 18483, set out as a note under section 3345 of

Title 5, Government Organization and Employees.

For order of succession in event of death, permanent disability,

or resignation of Secretary of the Army, see Ex. Ord. No. 12908,

Apr. 22, 1994, 59 F.R. 21907, set out as a note under section 3345

of Title 5.

-CITE-

10 USC Sec. 3017 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 303 - DEPARTMENT OF THE ARMY

-HEAD-

Sec. 3017. Secretary of the Army: successors to duties

-STATUTE-

If the Secretary of the Army dies, resigns, is removed from

office, is absent, or is disabled, the person who is highest on the

following list, and who is not absent or disabled, shall perform

the duties of the Secretary until the President, under section 3347

(FOOTNOTE 1) of title 5, directs another person to perform those

duties or until the absence or disability ceases:

(FOOTNOTE 1) See References in Text note below.

(1) The Under Secretary of the Army.

(2) The Assistant Secretaries of the Army, in the order

prescribed by the Secretary of the Army and approved by the

Secretary of Defense.

(3) The General Counsel of the Department of the Army.

(4) The Chief of Staff.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 159; Pub. L. 89-718, Sec. 23,

Nov. 2, 1966, 80 Stat. 1118; Pub. L. 90-235, Sec. 4(a)(7), Jan. 2,

1968, 81 Stat. 759; Pub. L. 99-433, title V, Sec. 501(a)(6), Oct.

1, 1986, 100 Stat. 1038; Pub. L. 103-337, div. A, title IX, Sec.

902(a), Oct. 5, 1994, 108 Stat. 2823.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

3017(a) 3017(b) 5:181-5(b). 5:181- June 28, 1950, ch.

5(c). 383, Sec. 102 (less

(a)), 64 Stat. 265.

-------------------------------

In subsection (a), the word ''person'' is substituted for the

words ''officer of the United States''. The words ''until a

successor is appointed'' are omitted as surplusage.

Subsection (b) is substituted for 5:181-5(c) and states the

effect of section 3544(b) of this title.

-REFTEXT-

REFERENCES IN TEXT

Section 3347 of title 5, referred to in text, was repealed and a

new section 3347 was enacted by Pub. L. 105-277, div. C, title I,

Sec. 151(b), Oct. 21, 1998, 112 Stat. 2681-611, and, as so enacted,

no longer contains provisions authorizing the President to direct

temporary successors to duties. See section 3345 of Title 5,

Government Organization and Employees.

-MISC2-

AMENDMENTS

1994 - Pars. (3), (4). Pub. L. 103-337 added par. (3) and

redesignated former par. (3) as (4).

1986 - Pub. L. 99-433 struck out subsec. (a) designation,

substituted '', in the order prescribed by the Secretary of the

Army and approved by the Secretary of Defense'' for ''in order of

their length of service as such'' in par. (2), and struck out

subsec. (b) which read as follows: ''Performance of the duties of

the Secretary by the Chief of Staff or any officer of the Army

designated under section 3347 of title 5 shall not be considered as

the holding of a civil office within the meaning of section 973(b)

of this title.''

1968 - Subsec. (b). Pub. L. 90-235 substituted ''section 973(b)

of this title'' for ''section 3544(b) of this title''.

1966 - Pub. L. 89-718 substituted ''section 3347 of title 5'' for

''section 6 of title 5'' wherever appearing.

ORDER OF SUCCESSION

For order of succession in event of death, disability, or

resignation of Secretary of Defense, see Ex. Ord. No. 13000, Apr.

24, 1996, 61 F.R. 18483, set out as a note under section 3345 of

Title 5, Government Organization and Employees.

For order of succession in event of death, permanent disability,

or resignation of Secretary of the Army, see Ex. Ord. No. 12908,

Apr. 22, 1994, 59 F.R. 21907, set out as a note under section 3345

of Title 5.

-CITE-

10 USC Sec. 3018 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 303 - DEPARTMENT OF THE ARMY

-HEAD-

Sec. 3018. Administrative Assistant

-STATUTE-

(a) There is an Administrative Assistant in the Department of the

Army. The Administrative Assistant shall be appointed by the

Secretary of the Army and shall perform duties that the Secretary

considers appropriate.

(b) During a vacancy in the office of Secretary, the

Administrative Assistant has charge and custody of all records,

books, and papers of the Department of the Army.

(c) The Secretary may authorize the Administrative Assistant to

sign, during the temporary absence of the Secretary, any paper

requiring his signature. In such a case, the Administrative

Assistant's signature has the same effect as the Secretary's

signature.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 159, Sec. 3016; renumbered Sec.

3018, Pub. L. 99-433, title V, Sec. 501(a)(3), Oct. 1, 1986, 100

Stat. 1034.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

3016(a) 3016(b) 5:185. 5:186. 5:187. R.S. 215; Feb. 27,

3016(c) 1877, ch. 69 (2d

par.), 19 Stat.

241.

Mar. 4, 1874, ch.

44, 18 Stat. 19.

-------------------------------

Although 5:185, 186, and 187 are omitted from the United States

Code as covered by 5:181-5, they are not so superseded and are

restated in this revised section.

In subsections (a), (b), and (c), the title ''Administrative

Assistant'' is substituted for the title ''Assistant and Chief

Clerk'', to accord with present usage. R.S. 215 (less last

sentence) is not contained in 5:185 and 186. It is also omitted

from the revised section as obsolete.

In subsection (a), the words ''an inferior officer'' are omitted,

since the Secretary's authority to appoint the Administrative

Assistant makes the office an inferior office within the meaning of

the Constitution. The words ''perform duties that the Secretary

considers appropriate'' are substituted for the words ''to be

employed therein as he shall deem proper''.

In subsection (b), the words ''During a vacancy in the office of

Secretary * * * has'' are substituted for the words ''whenever the

Secretary of the Army shall be removed from office by the President

of the United States, or in any other case of vacancy, shall,

during such vacancy have the''. The word ''of'' is substituted for

the words ''appertaining to''.

In subsection (c), the words ''during the temporary absence of

the Secretary'' are substituted for the words ''When, from illness

or other cause, the Secretary of War is temporarily absent from the

War Department''. The words ''requisitions upon the Treasury

Department'' are omitted as surplusage. The last sentence is

substituted for 5:187 (words after semicolon).

PRIOR PROVISIONS

A prior section 3018, added Pub. L. 85-861, Sec. 1(59)(A), Sept.

2, 1958, 72 Stat. 1462, prescribed compensation of General Counsel

of Department of the Army, prior to repeal by Pub. L. 88-426, title

III, Sec. 305(40)(A), Aug. 14, 1964, 78 Stat. 427, eff. first day

of first pay period beginning on or after July 1, 1964.

-CITE-

10 USC Sec. 3019 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 303 - DEPARTMENT OF THE ARMY

-HEAD-

Sec. 3019. General Counsel

-STATUTE-

(a) There is a General Counsel of the Department of the Army,

appointed from civilian life by the President, by and with the

advice and consent of the Senate.

(b) The General Counsel shall perform such functions as the

Secretary of the Army may prescribe.

-SOURCE-

(Added Pub. L. 99-433, title V, Sec. 501(a)(7), Oct. 1, 1986, 100

Stat. 1038; amended Pub. L. 100-456, div. A, title VII, Sec.

703(a), Sept. 29, 1988, 102 Stat. 1996.)

-MISC1-

PRIOR PROVISIONS

A prior section 3019 was renumbered section 3038 of this title.

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-456 inserted '', by and with the

advice and consent of the Senate'' before period at end.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 703(c) of Pub. L. 100-456 provided that: ''The amendments

made by this section (amending this section and sections 5019 and

8019 of this title) shall apply to appointments made under sections

3019, 5019, and 8019, respectively, of title 10, United States

Code, on and after the date of the enactment of this Act (Sept. 29,

1988).''

-CITE-

10 USC Sec. 3020 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 303 - DEPARTMENT OF THE ARMY

-HEAD-

Sec. 3020. Inspector General

-STATUTE-

(a) There is an Inspector General of the Army who shall be

detailed to such position by the Secretary of the Army from the

general officers of the Army. An officer may not be detailed to

such position for a tour of duty of more than four years, except

that the Secretary may extend such a tour of duty if he makes a

special finding that the extension is necessary in the public

interest.

(b) When directed by the Secretary or the Chief of Staff, the

Inspector General shall -

(1) inquire into and report upon the discipline, efficiency,

and economy of the Army; and

(2) perform any other duties prescribed by the Secretary or the

Chief of Staff.

(c) The Inspector General shall periodically propose programs of

inspections to the Secretary of the Army and shall recommend

additional inspections and investigations as may appear

appropriate.

(d) The Inspector General shall cooperate fully with the

Inspector General of the Department of Defense in connection with

the performance of any duty or function by the Inspector General of

the Department of Defense under the Inspector General Act of 1978

(5 U.S.C. App. 3) regarding the Department of the Army.

(e) The Inspector General shall have such deputies and assistants

as the Secretary of the Army may prescribe. Each such deputy and

assistant shall be an officer detailed by the Secretary to that

position from the officers of the Army for a tour of duty of not

more than four years, under a procedure prescribed by the

Secretary.

-SOURCE-

(Added Pub. L. 99-433, title V, Sec. 501(a)(7), Oct. 1, 1986, 100

Stat. 1038.)

-REFTEXT-

REFERENCES IN TEXT

The Inspector General Act of 1978, referred to in subsec. (d), is

Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 3039 of this title prior to enactment of Pub. L. 99-433.

-CITE-

10 USC Sec. 3021 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 303 - DEPARTMENT OF THE ARMY

-HEAD-

Sec. 3021. Army Reserve Forces Policy Committee

-STATUTE-

There is in the Office of the Secretary of the Army an Army

Reserve Forces Policy Committee. The functions, membership, and

organization of that committee are set forth in section 10302 of

this title.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1661(b)(4)(A),

Oct. 5, 1994, 108 Stat. 2982.)

-MISC1-

PRIOR PROVISIONS

Prior section 3021 was renumbered section 10302 of this title.

EFFECTIVE DATE

Section effective Dec. 1, 1994, except as otherwise provided, see

section 1691 of Pub. L. 103-337, set out as a note under section

10001 of this title.

-CITE-

10 USC Sec. 3022 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 303 - DEPARTMENT OF THE ARMY

-HEAD-

Sec. 3022. Financial management

-STATUTE-

(a) The Secretary of the Army shall provide that the Assistant

Secretary of the Army for Financial Management shall direct and

manage financial management activities and operations of the

Department of the Army, including ensuring that financial

management systems of the Department of the Army comply with

subsection (b). The authority of the Assistant Secretary for such

direction and management shall include the authority to -

(1) supervise and direct the preparation of budget estimates of

the Department of the Army and otherwise carry out, with respect

to the Department of the Army, the functions specified for the

Under Secretary of Defense (Comptroller) in section 135(c) of

this title;

(2) approve and supervise any project to design or enhance a

financial management system for the Department of the Army; and

(3) approve the establishment and supervise the operation of

any asset management system of the Department of the Army,

including -

(A) systems for cash management, credit management, and debt

collection; and

(B) systems for the accounting for the quantity, location,

and cost of property and inventory.

(b)(1) Financial management systems of the Department of the Army

(including accounting systems, internal control systems, and

financial reporting systems) shall be established and maintained in

conformance with -

(A) the accounting and financial reporting principles,

standards, and requirements established by the Comptroller

General under section 3511 of title 31; and

(B) the internal control standards established by the

Comptroller General under section 3512 of title 31.

(2) Such systems shall provide for -

(A) complete, reliable, consistent, and timely information

which is prepared on a uniform basis and which is responsive to

the financial information needs of department management;

(B) the development and reporting of cost information;

(C) the integration of accounting and budgeting information;

and

(D) the systematic measurement of performance.

(c) The Assistant Secretary shall maintain a five-year plan

describing the activities the Department of the Army proposes to

conduct over the next five fiscal years to improve financial

management. Such plan shall be revised annually.

(d) The Assistant Secretary of the Army for Financial Management

shall transmit to the Secretary of the Army a report each year on

the activities of the Assistant Secretary during the preceding

year. Each such report shall include a description and analysis of

the status of Department of the Army financial management.

-SOURCE-

(Added Pub. L. 100-456, div. A, title VII, Sec. 702(a)(2), Sept.

29, 1988, 102 Stat. 1993; amended Pub. L. 103-337, div. A, title

X, Sec. 1070(a)(15), Oct. 5, 1994, 108 Stat. 2856; Pub. L. 104-106,

div. A, title XV, Sec. 1503(b)(1), Feb. 10, 1996, 110 Stat. 512.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-106 substituted ''Under

Secretary of Defense (Comptroller)'' for ''Comptroller of the

Department of Defense''.

1994 - Subsec. (a)(1). Pub. L. 103-337 substituted ''section

135(c)'' for ''section 137(c)''.

EFFECTIVE DATE

Section effective Jan. 20, 1989, see section 702(e)(1) of Pub. L.

100-456, set out as an Effective Date of 1988 Amendment note under

section 3016 of this title.

-CITE-

10 USC Sec. 3023 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART I - ORGANIZATION

CHAPTER 303 - DEPARTMENT OF THE ARMY

-HEAD-

Sec. 3023. Chief of Legislative Liaison

-STATUTE-

(a) There is a Chief of Legislative Liaison in the Department of

the Army. An officer assigned to that position shall be an officer

in the grade of major general.

(b) The Chief of Legislative Liaison shall perform legislative

affairs functions as specified for the Office of the Secretary of

the Army by section 3014(c)(1)(F) of this title.

-SOURCE-

(Added Pub. L. 107-314, div. A, title V, Sec. 504(c)(1)(A), Dec.

2, 2002, 116 Stat. 2531.)

-CITE