dreamproit/uscode huggingface dataset:
10 U.S.C. § 3017 (ARMED FORCES)
§ 3017. Secretary of the Army: successors to duties
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 1 of title 5, directs another person to perform those duties or until the absence or disability ceases:
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 159; Pub. L. 89–718, § 23, Nov. 2, 1966, 80 Stat. 1118; Pub. L. 90–235, § 4(a)(7), Jan. 2, 1968, 81 Stat. 759; Pub. L. 99–433, title V, § 501(a)(6), Oct. 1, 1986, 100 Stat. 1038; Pub. L. 103–337, div. A, title IX, § 902(a), Oct. 5, 1994, 108 Stat. 2823.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3017(a)
3017(b)
5:181–5(b).
5:181–5(c).
June 28, 1950, ch. 383, § 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.
heading: References in Text
text: Section 3347 of title 5, referred to in text, was repealed and a new section 3347 was enacted by Pub.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, § 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.
heading: Amendments
text: 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.
heading: Order of Succession
text: 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, listed in a table under section 3345 of Title 5.
10 U.S.C. § 3018 (ARMED FORCES)
§ 3018. Administrative Assistant
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 159, § 3016; renumbered § 3018, Pub. L. 99–433, title V, § 501(a)(3), Oct. 1, 1986, 100 Stat. 1034.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3016(a)
3016(b)
3016(c)
5:185.
5:186.
5:187.
R.S. 215; Feb. 27, 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).
heading: Prior Provisions
text: A prior section 3018, added Pub. L. 85–861, § 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, § 305(40)(A), Aug. 14, 1964, 78 Stat. 427, eff. first day of first pay period beginning on or after July 1, 1964.
10 U.S.C. § 3019 (ARMED FORCES)
§ 3019. General Counsel
(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.
(Added Pub. L. 99–433, title V, § 501(a)(7), Oct. 1, 1986, 100 Stat. 1038; amended Pub. L. 100–456, div. A, title VII, § 703(a), Sept. 29, 1988, 102 Stat. 1996.)
heading: Prior Provisions
text: A prior section 3019 was renumbered section 3038 of this title.
heading: Amendments
text: 1988—Subsec. (a). Pub. L. 100–456 inserted “, by and with the advice and consent of the Senate” before period at end.
heading: Effective Date of 1988 Amendment
text: Pub. L. 100–456, div. A, title VII, § 703(c), Sept. 29, 1988, 102 Stat. 1996, 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].”
10 U.S.C. § 3020 (ARMED FORCES)
§ 3020. Inspector General
(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.
(Added Pub. L. 99–433, title V, § 501(a)(7), Oct. 1, 1986, 100 Stat. 1038.)
heading: References in Text
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.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 3039 of this title prior to enactment of Pub. L. 99–433.
10 U.S.C. § 3021 (ARMED FORCES)
§ 3021. Army Reserve Forces Policy Committee
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.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(b)(4)(A), Oct. 5, 1994, 108 Stat. 2982.)
heading: Prior Provisions
text: Prior section 3021 was renumbered section 10302 of this title.
heading: Effective Date
text: 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.
10 U.S.C. § 3023 (ARMED FORCES)
§ 3023. Chief of Legislative Liaison
(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.
(Added Pub. L. 107–314, div. A, title V, § 504(c)(1)(A), Dec. 2, 2002, 116 Stat. 2531.)
10 U.S.C. § 3024 (ARMED FORCES)
§ 3024. Director of Small Business Programs
(a) Director.—
There is a Director of Small Business Programs in the Department of the Army. The Director is appointed by the Secretary of the Army.
(b) Office of Small Business Programs.—
The Office of Small Business Programs of the Department of the Army is the office that is established within the Department of the Army under section 15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of Small Business Programs is the head of such office.
(c) Duties and Powers.—
(1) The Director of Small Business Programs shall, subject to paragraph (2), perform such duties regarding small business programs of the Department of the Army, and shall exercise such powers regarding those programs, as the Secretary of the Army may prescribe.
(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), except for the designations of the Director and the Office, applies to the Director of Small Business Programs.
(Added Pub. L. 109–163, div. A, title IX, § 904(c)(1), Jan. 6, 2006, 119 Stat. 3400.)
heading: Change of Name
text: The Director of Small and Disadvantaged Business Utilization of the Department of the Army and the Office of Small and Disadvantaged Business Utilization of the Department of the Army were redesignated the Director of Small Business Programs of the Department of the Army and the Office of Small Business Programs of the Department of the Army, respectively, by Pub. L. 109–163 which also provided that references to the former were deemed to refer to the latter. See section 904(a) of Pub. L. 109–163, set out as a note under section 144 of this title.
10 U.S.C. § 3035 (ARMED FORCES)
§ 3035. 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 Pub. L. 99–433, title V, § 502(e), Oct. 1, 1986, 100 Stat. 1042; Pub. L. 110–181, div. A, title IX, § 902(a), Jan. 28, 2008, 122 Stat. 272.)
heading: Prior Provisions
text: A prior section 3035 was renumbered section 3034 of this title.
heading: Amendments
text: 2008—Subsec. (b). Pub. L. 110–181, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The number of Deputy Chiefs of Staff and Assistant Chiefs of Staff shall be prescribed by the Secretary, except that—
“(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.”
10 U.S.C. § 3040 (ARMED FORCES)
[§ 3040. Repealed. Pub. L. 103–337, div. A, title IX, § 904(b)(1), Oct. 5, 1994, 108 Stat. 2827]
text: Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 159, § 3015; Aug. 6, 1958, Pub. L. 85–599, § 12, 72 Stat. 521; renumbered § 3040, Oct. 1, 1986, Pub. L. 99–433, title V, § 501(a)(1), 100 Stat. 1034; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, § 1234(a)(1), 102 Stat. 2059, related to National Guard Bureau, Chief of Bureau, appointment and acting Chief. See sections 10501, 10502, and 10505 of this title.
heading: Effective Date of Repeal
text: Repeal effective at end of 90-day period beginning on Oct. 5, 1994, see section 904(d) of Pub. L. 103–337, set out as an Effective Date note under section 10501 of this title.
10 U.S.C. § 3061 (ARMED FORCES)
§ 3061. Regulations
The President may prescribe regulations for the government of the Army.
(Aug. 10, 1956, ch. 1041, 70A Stat. 165.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3061
10:16.
July 15, 1870, ch. 294, § 20, 16 Stat. 319; Mar. 1, 1875, ch. 115, 18 Stat. 337.
The word “prescribe” is substituted for the words “make and publish”. 10:16 (last 35 words) is omitted as surplusage.
10 U.S.C. § 3063 (ARMED FORCES)
§ 3063. Basic branches
(a) The Secretary of the Army may assign members of the Army to its basic branches. The basic branches are—
(1) Infantry;
(2) Armor;
(3) Artillery;
(4) Corps of Engineers;
(5) Signal Corps;
(6) Adjutant General’s Corps;
(7) Quartermaster Corps;
(8) Finance Corps;
(9) Ordnance Corps;
(10) Chemical Corps;
(11) Transportation Corps;
(12) Military Police Corps; and
(13) such other basic branches as the Secretary considers necessary.
(b) The Secretary may discontinue or consolidate basic branches of the Army for the duration of any war, or of any national emergency declared by Congress.
(c) The Secretary may not assign to a basic branch any commissioned officer appointed in a special branch.
(Aug. 10, 1956, ch. 1041, 70A Stat. 166.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3063(a)
10:1g(a) (less words of 1st sentence after semicolon, and less last sentence).
June 28, 1950, ch. 383, § 306(a), 64 Stat. 269.
3063(b)
10:1g(a) (last sentence).
3063(c)
10:1g(a) (words of 1st sentence after semicolon).
In subsection (a), the words “The basic branches are” are substituted for the words “There shall be in the Army certain branches, which shall be known as basic branches of the Army” and “The basic branches of the Army shall be”.
In subsection (b), the words “enumerated in this subsection” are omitted as surplusage. The word “hereafter” is omitted, since all wars and emergencies declared by Congress before June 29, 1950, have been terminated.
In subsection (c), the words “and commissioned” are omitted as covered by the word “appointed”. The words “specified in subsection (b) of this section” are omitted as surplusage. The word “commissioned” is inserted before the word “officer”, for clarity.
heading: Philippine Scouts
text: Act Aug. 10, 1956, ch. 1041, § 42, 70A Stat. 636, provided that: “The President is authorized to form the Philippine Scouts into such branches and tactical units as he may deem expedient, within the limit of strength prescribed by law, organized similarly to those of the Regular Army.”
10 U.S.C. § 3064 (ARMED FORCES)
§ 3064. Special branches
(a) The special branches of the Army consist of commissioned officers of the Regular Army appointed therein, other members of the Army assigned thereto by the Secretary of the Army, and the sections prescribed in this chapter. The special branches are—
(1) each corps of the Army Medical Department;
(2) the Judge Advocate General’s Corps;
(3) the Chaplains; and
(4) such other special branches as may be established by the Secretary of the Army under subsection (b).
(b) The Secretary of the Army may establish special branches for the Army and may assign commissioned officers (other than officers of the Regular Army) and members to such branches.
(c) Commissioned officers of the Regular Army may be appointed in a special branch, but the Secretary may not assign any officer of the Regular Army to a special branch.
(Aug. 10, 1956, ch. 1041, 70A Stat. 167; Pub. L. 90–329, June 4, 1968, 82 Stat. 170; Pub. L. 96–513, title II, § 231, Dec. 12, 1980, 94 Stat. 2886; Pub. L. 97–22, § 5(a), July 10, 1981, 95 Stat. 128.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3064(a)
10:1g(b) (less words of 1st sentence after semicolon).
June 28, 1950, ch. 383, § 306(b), 64 Stat. 269.
3064(b)
10:1g(b) (words of 1st sentence after semicolon).
In subsection (a), the words “The special branches of the Army” are substituted for the words “There shall be in the Army certain branches, which shall be known as special branches, and which shall”. The words “authorized by sections 61–1, 81–1, and 231a of this title” are omitted as surplusage. The words “and the sections prescribed in this chapter” are inserted, since some of the corps of the Army Medical Service consist of members and sections. Clauses (1), (2), and (3) are substituted for 10:1g(b) (last sentence).
In subsection (b), the words “who has been appointed and commissioned in some other special branch, or * * * without specification of branch” are omitted as surplusage.
heading: Amendments
text: 1981—Subsec. (b). Pub. L. 97–22, § 5(a)(1), substituted “may assign commissioned officers (other than officers of the Regular Army) and members to such branches” for “may appoint commissioned officers in, and may assign members to, such branches”.
Subsec. (c). Pub. L. 97–22, § 5(a)(2), substituted “Commissioned officers of the Regular Army may be appointed in a special branch, but the Secretary” for “The Secretary”.
1980—Subsec. (a)(4). Pub. L. 96–513, § 231(1), added cl. (4).
Subsecs. (b), (c). Pub. L. 96–513, § 231(2), (3), added subsec. (b) and redesignated former subsec. (b) as (c).
1968—Subsec. (a)(1). Pub. L. 90–329 substituted “Army Medical Department” for “Army Medical Service”.
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
10 U.S.C. § 3065 (ARMED FORCES)
§ 3065. Assignment and detail: officers assigned or detailed to basic and special branches
(a) Commissioned officers of the Army may be detailed as general staff officers and as inspectors general.
(b) Members of the Army may be detailed to duty in particular fields specified by the Secretary, including intelligence, counter-intelligence, and military government.
(c) Members of the Army appointed in or assigned to one branch may be detailed for duty with any other branch.
(d) Members of the Army while not on active duty may be assigned to any basic or special branch, or to such other branches or groups, and to such organizations, as the Secretary considers appropriate.
(e) No officer of the Army may be assigned to perform technical, scientific, or other professional duties unless he is qualified to perform those duties and meets professional qualifications at least as strict as those in effect on June 28, 1950. If the duties to which an officer is assigned involve professional work that is the same as or is similar to that usually performed in civil life by a member of a learned profession, such as engineering, law, medicine, or theology, the officer must have the qualifications, by education, training, or experience, equal to or similar to those usually required of members of that profession, unless the exigencies of the situation prevent.
(Aug. 10, 1956, ch. 1041, 70A Stat. 167.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3065(a)
3065(b)
3065(c)
10:1g(c) (1st 27 words).
10:1g(c) (less 1st 27 words).
10:1g(d).
June 28, 1950, ch. 383, § 306 (less (a) and (b)), § 404(e), 64 Stat. 269, 274.
3065(d)
10:1g(e).
3065(e)
10:1g(f).
[Uncodified: June 28, 1950, ch. 383, § 404(e), 64 Stat. 274].
In subsections (a) and (c)–(e), the words “Under such regulations as the Secretary of the Army may prescribe” and “under [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 (b), the word “specified” is substituted for the words “designated from time to time”, in 10:1g(c). The words “but not limited to”, in 10:1g(c), are omitted as surplusage.
In subsection (d), the words “basic or special branch” are substituted for the words “branches of the Army provided for in this section”. The word “considers” is substituted for the words “may deem to be”.
In subsection (e), the words “No officer * * * may be * * * unless he is” are substituted for the words “officers of the Army * * * shall * * * possess”. The last 16 words of the first sentence are substituted for the Act of June 28, 1950, ch. 383, Title IV, § 404(e), 64 Stat. 274. The last sentence is substituted for 10:1g(f) (1st 9 words).
10 U.S.C. § 3066 (ARMED FORCES)
[§ 3066. Repealed. Pub. L. 96–513, title II, § 201, Dec. 12, 1980, 94 Stat. 2878]
text: Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 167; Sept. 2, 1958, Pub. L. 85–861, § 33(a)(19), 72 Stat. 1565, authorized President, by and with consent of Senate, to make temporary appointments in grades of general and lieutenant general from officers of Army on active duty in any grade above brigadier general and specified number of positions in each such grade. See section 601 of this title.
heading: Effective Date of Repeal
text: Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.