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U.S. CODE
TITLE 10
ARMED FORCES
ARMY, NAVY, AIR FORCES AND RESERVE COMPONENTS

Version Version: 2011-01-07

Last Update: 2011-11-11


  • Army
    • ORGANIZATION
      • DEFINITIONS
      • DEPARTMENT OF THE ARMY
      • THE ARMY STAFF
      • THE ARMY
    • PERSONNEL
      • STRENGTH
      • ENLISTMENTS
      • APPOINTMENTS IN THE REGULAR ARMY
      • REPEALED
      • TEMPORARY APPOINTMENTS
      • ACTIVE DUTY
      • SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES
      • RANK AND COMMAND
      • REPEALED
      • MISCELLANEOUS PROHIBITIONS AND PENALTIES
      • REPEALED
      • MISCELLANEOUS RIGHTS AND BENEFITS
      • HOSPITALIZATION
      • DECORATIONS AND AWARDS
      • REPEALED
      • REPEALED
      • REPEALED
      • REPEALED
      • REPEALED
      • RETIREMENT FOR LENGTH OF SERVICE
      • RETIRED GRADE
      • COMPUTATION OF RETIRED PAY
      • CIVILIAN EMPLOYEES
      • MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES
    • TRAINING
      • TRAINING GENERALLY
      • UNITED STATES MILITARY ACADEMY
      • REPEALED
      • SCHOOLS AND CAMPS
    • SERVICE, SUPPLY, AND PROCUREMENT
      • REPEALED
      • PROCUREMENT
      • ARMAMENTS INDUSTRIAL BASE
      • ISSUE OF SERVICEABLE MATERIAL TO ARMED FORCES
      • UTILITIES AND SERVICES
      • SALE OF SERVICEABLE MATERIAL
      • ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO ARMED FORCES
      • DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL
      • DISPOSITION OF EFFECTS OF DECEASED PERSONS; CAPTURED FLAGS
      • TRANSPORTATION
      • REAL PROPERTY
      • MILITARY CLAIMS
      • ACCOUNTABILITY AND RESPONSIBILITY
  • Navy and Marine Corps
    • ORGANIZATION
      • DEFINITIONS
      • DEPARTMENT OF THE NAVY
      • OFFICE OF THE CHIEF OF NAVAL OPERATIONS
      • HEADQUARTERS, MARINE CORPS
      • COMPOSITION OF THE DEPARTMENT OF THE NAVY
      • REPEALED
      • REPEALED
      • BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL
      • REPEALED
      • REPEALED
      • REPEALED
      • REPEALED
    • PERSONNEL
      • REPEALED
      • DISTRIBUTION IN GRADE
      • GRADE AND RANK OF OFFICERS
      • ENLISTMENTS
      • ORIGINAL APPOINTMENTS
      • REPEALED
      • REPEALED
      • TEMPORARY APPOINTMENTS
      • REPEALED
      • REPEALED
      • REPEALED
      • OFFICERS IN COMMAND
      • SPECIAL ASSIGNMENTS AND DETAILS
      • ADMINISTRATION
      • RATIONS
      • MISCELLANEOUS PROHIBITIONS AND PENALTIES
      • MISCELLANEOUS RIGHTS AND BENEFITS
      • HOSPITALIZATION AND MEDICAL CARE
      • BANDS
      • DECORATIONS AND AWARDS
      • DISCHARGE OF ENLISTED MEMBERS
      • VOLUNTARY RETIREMENT
      • INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH
      • RECALL TO ACTIVE DUTY
      • DEATH BENEFITS; CARE OF THE DEAD
    • EDUCATION AND TRAINING
      • OFFICER PROCUREMENT PROGRAMS
      • TRAINING GENERALLY
      • UNITED STATES NAVAL ACADEMY
      • UNITED STATES NAVAL POSTGRADUATE SCHOOL
      • RETIREMENT OF CIVILIAN MEMBERS OF THE TEACHING STAFFS OF THE UNITED STATES NAVAL ACADEMY AND UNITED STATES NAVAL POSTGRADUATE SCHOOL
      • PROFESSIONAL MILITARY EDUCATION SCHOOLS
    • GENERAL ADMINISTRATION
      • SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES
      • NAVAL VESSELS
      • REPEALED
      • SALVAGE FACILITIES
      • UNITED STATES NAVAL OBSERVATORY
      • NAVAL PETROLEUM RESERVES
      • CIVILIAN EMPLOYEES
      • PROCUREMENT OF SUPPLIES AND SERVICES
      • DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL
      • QUARTERS, UTILITIES, AND SERVICES
      • SHIPS STORES AND COMMISSARY STORES
      • CLAIMS
      • PRIZE
      • STAY OF JUDICIAL PROCEEDINGS
      • NAVAL MILITIA
      • ACCOUNTABILITY AND RESPONSIBILITY
      • NAMES AND INSIGNIA
      • NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM
      • ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO ARMED FORCES
  • Air Force
    • ORGANIZATION
      • DEPARTMENT OF THE AIR FORCE
      • THE AIR STAFF
      • THE AIR FORCE
    • PERSONNEL
      • STRENGTH
      • ENLISTMENTS
      • APPOINTMENTS IN THE REGULAR AIR FORCE
      • REPEALED
      • TEMPORARY APPOINTMENTS
      • ACTIVE DUTY
      • SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES
      • RANK AND COMMAND
      • REPEALED
      • MISCELLANEOUS PROHIBITIONS AND PENALTIES
      • REPEALED
      • MISCELLANEOUS RIGHTS AND BENEFITS
      • HOSPITALIZATION
      • DECORATIONS AND AWARDS
      • REPEALED
      • REPEALED
      • SEPARATION FOR VARIOUS REASONS
      • REPEALED
      • REPEALED
      • RETIREMENT FOR LENGTH OF SERVICE
      • RETIRED GRADE
      • COMPUTATION OF RETIRED PAY
      • CIVILIAN EMPLOYEES
      • MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES
    • TRAINING
      • TRAINING GENERALLY
      • UNITED STATES AIR FORCE ACADEMY
      • AVIATION LEADERSHIP PROGRAM
      • SCHOOLS AND CAMPS
      • CIVIL AIR PATROL
    • SERVICE, SUPPLY, AND PROCUREMENT
      • CIVIL RESERVE AIR FLEET
      • PROCUREMENT
      • ISSUE OF SERVICEABLE MATERIAL TO ARMED FORCES
      • UTILITIES AND SERVICES
      • SALE OF SERVICEABLE MATERIAL
      • ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO ARMED FORCES
      • DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL
      • DISPOSITION OF EFFECTS OF DECEASED PERSONS
      • TRANSPORTATION
      • REAL PROPERTY
      • MILITARY CLAIMS
      • ACCOUNTABILITY AND RESPONSIBILITY
  • Reserve Components
    • ORGANIZATION AND ADMINISTRATION
      • DEFINITIONS
      • RESERVE COMPONENTS GENERALLY
      • ELEMENTS OF RESERVE COMPONENTS
      • RESERVE COMPONENT COMMANDS
      • ADMINISTRATION OF RESERVE COMPONENTS
      • RESERVE FORCES POLICY BOARDS AND COMMITTEES
      • NATIONAL GUARD BUREAU
      • BUDGET INFORMATION AND ANNUAL REPORTS TO CONGRESS
    • PERSONNEL GENERALLY
      • AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE
      • ENLISTED MEMBERS
      • APPOINTMENT OF RESERVE OFFICERS
      • WARRANT OFFICERS
      • ACTIVE DUTY
      • NATIONAL GUARD MEMBERS IN FEDERAL SERVICE
      • SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES
      • READY RESERVE MOBILIZATION INCOME INSURANCE
      • MISCELLANEOUS PROHIBITIONS AND PENALTIES
      • MISCELLANEOUS RIGHTS AND BENEFITS
      • STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION
      • SEPARATION
      • RETIRED PAY FOR NON-REGULAR SERVICE
      • RETIRED GRADE
    • PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST
      • APPLICABILITY AND RESERVE ACTIVE-STATUS LISTS
      • SELECTION BOARDS
      • PROMOTIONS
      • FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY SEPARATION
      • CONTINUATION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST AND SELECTIVE EARLY REMOVAL
      • ADDITIONAL PROVISIONS RELATING TO INVOLUNTARY SEPARATION
    • TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE PROGRAMS
      • EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE
      • EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN OTHER OPERATIONS
      • HEALTH PROFESSIONS STIPEND PROGRAM
      • EDUCATION LOAN REPAYMENT PROGRAMS
      • OTHER EDUCATIONAL ASSISTANCE PROGRAMS
    • SERVICE, SUPPLY, AND PROCUREMENT
      • FACILITIES FOR RESERVE COMPONENTS
      • MISCELLANEOUS PROVISIONS

Subtitle B

Army

B - PART I

ORGANIZATION

B.I - CHAPTER 301

DEFINITIONS

Definitions

In this title, the term "Army" means the Army or Armies referred to in the Constitution of the United States, less that part established by law as the Air Force.



B.I - CHAPTER 303

DEPARTMENT OF THE ARMY

Renumbered § 3011





Organization

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.



Department of the Army: seal

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.



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 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 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.





    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 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.





      Under Secretary of the Army

      (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.



      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 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.

      • (5)
        • (A) One of the Assistant Secretaries shall be the Assistant Secretary of the Army for Acquisition, Technology, and Logistics. The principal duty of the Assistant Secretary shall be the overall supervision of acquisition, technology, and logistics matters of the Department of the Army.

        • (B) The Assistant Secretary shall have a Principal Military Deputy, who shall be a lieutenant general of the Army on active duty. The Principal Military Deputy shall be appointed from among officers who have significant experience in the areas of acquisition and program management. The position of Principal Military Deputy shall be designated as a critical acquisition position under section 1733 of this title.





          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 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.

          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.



          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.