§ 7014. Office of the Secretary of the Army

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Goldwater-Nichols Department of Defense Reorganization Act of 1986

   Pub. L. 99–433 title V § 501(a)(5) · 100 Stat. 992

   Enacted · 10 U.S.C. § 7014

   Added Pub. L. 99–433, title V, § 501(a)(5), Oct. 1, 1986, 100 Stat. 1036, § 3014

   Source evidence

   Code source credit
   Added Pub. L. 99–433, title V, § 501(a)(5), Oct. 1, 1986, 100 Stat. 1036, § 3014

   Enacted provision · exact public law section
   (5) Chapter 303 is amended by striking out sections 3013, 3014, and 3015 (as redesignated by paragraph (2)) and inserting in lieu thereof the following: “§ 3013. Secretary of the Army “(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 10 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 Ante, p. 1012. 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 realproperty and interests in real property necessary to carry outthe responsibilitiesspecified 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 eliminateduplication; “(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 Reports. 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. “§ 3014. Office of the Secretary of the Army “(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 Army Reserve Fore-es Policy Committee. “(7) 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 StafO 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. “(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 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. “(4) The limitations in paragraphs (1), (2), and (3) do not apply in time of war or during a national emergency declared by 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. “(5) The limitations in paragraphs (1), (2), and (3) do not apply Effective date. before October 1, 1988. “§ 3015. Under Secretary of the Army “(a) There is an UndPr 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. “§ 3016. Assistant Secretaries of the Army “(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 bis 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.”.

2. 1987

   National Defense Authorization Act for Fiscal Years 1988 and 1989

   Pub. L. 100–180 div. A title XIII § 1314(b)(7) · 101 Stat. 1019

   Inserted · 10 U.S.C. § 7014(f)(4)

   Pub. L. 100–180 inserted “the President or” after “declared by”

   Source evidence

   Code amendment note
   Subsec. (f)(4). Pub. L. 100–180 inserted “the President or” after “declared by”.

   Enacted provision · exact public law section
   (7) Sections 3014(f)(4), 5014(f)(4), and 8014(f)(4) are each amended by inserting “the President or” after “declared by”.

3. 1988

   National Defense Authorization Act, Fiscal Year 1989

   Pub. L. 100–456 div. A title III § 325(a) · 102 Stat. 1918

   Added · 10 U.S.C. § 7014(c)(5)

   Pub. L. 100–456 added par. (5)

   Source evidence

   Code amendment note
   Subsec. (c)(5). Pub. L. 100–456 added par. (5).

   Enacted provision · exact public law section
   (a) Department of the Army.— Section 3014(c) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(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.”.

4. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 div. A title VI § 652(a)(4) · 103 Stat. 1352

   Struck · 10 U.S.C. § 7014(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (4) Sections 3014(f), 5014(f), and 8014(f) are each amended by striking out paragraph (5).

5. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 div. A title X § 1048(a)(27) · 115 Stat. 1012

   Substituted · 10 U.S.C. § 7014(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (27) Section 3014(f)(3) is amended by striking “the number equal to” and all that follows and inserting “67.”.

6. 2002

   Pub. L. 107–314 div. A title V § 504(c)(2) · 116 Stat. 2458

   1. Added · 10 U.S.C. § 7014(b)(6)(8)

      Pub. L. 107–314 added par. (6)

   2. Redesignated · 10 U.S.C. § 7014(b)(6)(8)

      Pub. L. 107–314 redesignated former pars. (6) and (7) as (7) and (8), respectively

   Source evidence

   Code amendment note
   Subsec. (b)(6) to (8). Pub. L. 107–314 added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively.

   Enacted provision · exact public law section
   (2) Section 3014(b) of such title is amended— (A) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (B) by inserting after paragraph (5) the following new paragraph (6): “(6) The Chief of Legislative Liaison.”.

7. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 § 903(c)(1) · 130 Stat. 2000

   Substituted · 10 U.S.C. § 7014(f)(4)

   Pub. L. 114–328, § 903(c)(1), substituted “time of war.” for “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 evidence

   Code amendment note
   Subsec. (f)(4). Pub. L. 114–328, § 903(c)(1), substituted “time of war.” for “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.”

   Enacted provision · exact public law section
   (1) in paragraph (4), by striking “time of war” and all that follows and inserting “time of war.”; and

8. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 § 903(c)(2) · 130 Stat. 2000

   Added · 10 U.S.C. § 7014(f)(5)

   Pub. L. 114–328, § 903(c)(2), added par. (5)

   Source evidence

   Code amendment note
   Subsec. (f)(5). Pub. L. 114–328, § 903(c)(2), added par. (5).

   Enacted provision · exact public law section
   (2) by adding at the end the following new paragraph: “(5) Each limitation in paragraphs (1) and (2) may be exceeded by a number equal to 15 percent of such limitation in time of national emergency.” .

9. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title VIII § 808(a) · 132 Stat. 1636

   Changed · 10 U.S.C. § 7014

   Pub. L. 115–232 renumbered section 3014 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–232 renumbered section 3014 of this title as this section.

   Enacted provision · exact public law section
   (a) Subtitle B, Part I, Section Numbers.— Each section in part I of subtitle B of title 10, United States Code, is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 4,000.

   Effective date note
   Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

10. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 901(a)(3)(A) · 133 Stat. 1198

    Substituted · 10 U.S.C. § 7014(f)(1)

    Pub. L. 116–92, § 901(a)(3)(A), substituted “3,250” for “3,105”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 116–92, § 901(a)(3)(A), substituted “3,250” for “3,105”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “3,105” and inserting “3,250”; and

11. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 901(a)(3)(B) · 133 Stat. 1198

    Substituted · 10 U.S.C. § 7014(f)(2)

    Pub. L. 116–92, § 901(a)(3)(B), substituted “1,900” for “1,865”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 116–92, § 901(a)(3)(B), substituted “1,900” for “1,865”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “1,865” and inserting “1,900”.

12 of 12 references resolved to an enrolled provision