1987—Pub. L. 100–26, §7(j)(10)(A), Apr. 21, 1987, 101 Stat. 283, substituted "3011" for "3010" as section number in item for chapter 303.
1980—Pub. L. 96–513, title V, §512(1), Dec. 12, 1980, 94 Stat. 2929, substituted "3010" for "3011" as section number in item for chapter 303.
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 157; Pub. L. 100–26, §7(k)(8), Apr. 21, 1987, 101 Stat. 284.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3001 | 5:181–3(a). 10:1a(a). |
June 28, 1950, ch. 383, §2(a), 64 Stat. 263. |
The words "Army of the United States" and "are synonymous and" are omitted as surplusage, since the term "Army" is used throughout the revised title. 5:181–3(a) (last sentence) and 10:1a(a) (last sentence) are omitted as surplusage.
1987—Pub. L. 100–26 inserted "the term" after "In this title,".
2006—Pub. L. 109–163, div. A, title IX, §904(c)(2), Jan. 6, 2006, 119 Stat. 3401, added item 3024.
2002—Pub. L. 107–314, div. A, title V, §504(c)(1)(B), Dec. 2, 2002, 116 Stat. 2532, added item 3023.
1988—Pub. L. 100–456, div. A, title VII, §702(a)(3), Sept. 29, 1988, 102 Stat. 1994, added item 3022.
1986—Pub. L. 99–433, title V, §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, §2(17), Dec. 1, 1967, 81 Stat. 524, added item 3019.
1964—Pub. L. 88–426, title III, §§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, §210(b), Sept. 7, 1962, 76 Stat. 524, added item 3010.
1958—Pub. L. 85–861, §1(59)(B), Sept. 2, 1958, 72 Stat. 1462, added item 3018.
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.
(Added Pub. L. 87–651, title II, §210(a), Sept. 7, 1962, 76 Stat. 524, §3010; renumbered §3011, Pub. L. 99–433, title V, §501(a)(2), Oct. 1, 1986, 100 Stat. 1034.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3010 | 5:171a(c)(7) (1st sentence, as applicable to Department of Army). | July 26, 1947, ch. 343, §202(c)(7) (1st sentence, as applicable, to Department of Army); added Aug. 6, 1958, Pub. L. 85–599, §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".
A prior section 3011 was renumbered section 3012 of this title.
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 157, §3011; renumbered §3012, Pub. L. 99–433, title V, §501(a)(2), Oct. 1, 1986, 100 Stat. 1034.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3011 | 5:181–1(d). | July 26, 1947, ch. 343, §205(d), 61 Stat. 501. |
The words "of office" are omitted as surplusage.
A prior section 3012 was renumbered section 3013 of this title and subsequently repealed.
(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 shall, to the greatest extent practicable, be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management or leadership experience. 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.
(Added Pub. L. 99–433, title V, §501(a)(5), Oct. 1, 1986, 100 Stat. 1035; amended Pub. L. 99–661, div. A, title V, §534, Nov. 14, 1986, 100 Stat. 3873; Pub. L. 108–136, div. A, title IX, §901, Nov. 24, 2003, 117 Stat. 1558; Pub. L. 114–328, div. A, title IX, §931(a), Dec. 23, 2016, 130 Stat. 2362.)
A prior section 3013, acts Aug. 10, 1956, ch. 1041, 70A Stat. 157, §3012; Sept. 2, 1958, Pub. L. 85–861, §1(57), 72 Stat. 1462; Sept. 7, 1962, Pub. L. 87–651, title II, §211, 76 Stat. 524; Aug. 14, 1964, Pub. L. 88–426, title III, §§305(2), 306(j)(1), 78 Stat. 422, 431; Nov. 2, 1966, Pub. L. 89–718, §22, 80 Stat. 1118; renumbered §3013, Oct. 1, 1986, Pub. L. 99–433, title V, §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, §501(a)(5).
Another prior section 3013 was renumbered section 3014 of this title and subsequently repealed.
2016—Subsec. (a)(1). Pub. L. 114–328 inserted "The Secretary shall, to the greatest extent practicable, be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management or leadership experience." after first sentence.
2003—Subsec. (c)(4). Pub. L. 108–136 struck out "(to the maximum extent practicable)" after "fulfill".
1986—Subsec. (a)(2). Pub. L. 99–661 substituted "five years" for "10 years".
Pub. L. 115–91, div. A, title V, §514, Dec. 12, 2017, 131 Stat. 1378, provided that:
"(a)
"(b)
"(1) The feasibility and effectiveness of hiring retired senior enlisted members of the Army National Guard who have retired within the previous two years to serve as recruiters.
"(2) The merits of hiring such retired senior enlisted members as contractors or as employees of the Department of Defense.
"(3) The best method of providing a competitive compensation package for such retired senior enlisted members.
"(4) The merits of requiring such retired senior enlisted members to wear a military uniform while performing recruiting duties under the pilot program.
"(c)
"(d)
"(e)
"(f)
Pub. L. 114–328, div. A, title II, §220(a), (b), Dec. 23, 2016, 130 Stat. 2055, provided that:
"(a)
"(1) by discontinuing development of new software code, excluding the configuration and testing of system interfaces to commercial, open source, and existing Government off the shelf (GOTS) software, of any component of the system for which there is commercial, open source, or Government off the shelf software that is capable of fulfilling at least 80 percent of the system requirements applicable to such component; and
"(2) by conducting a review of the acquisition strategy of the program to ensure that procurement of commercial software is the preferred method of meeting program requirements for major system components.
"(b)
Pub. L. 114–328, div. A, title V, §527, Dec. 23, 2016, 130 Stat. 2117, provided that:
"(a)
"(b)
"(1)
"(2)
"(3)
"(c)
"(1)
"(2)
"(A)
"(B)
"(i) An analysis of the effects that consolidated recruiting efforts has [sic] on the overall ability of recruiters to attract and place qualified candidates.
"(ii) A determination of the extent to which consolidating recruiting efforts affects efficiency and recruiting costs.
"(iii) An analysis of any challenges associated with a recruiter working to recruit individuals to enlist in a component in which the recruiter has not served.
"(iv) An analysis of the satisfaction of recruiters and the component recruiting commands with the pilot program.
"(3)
Pub. L. 114–328, div. A, title X, §1087, Dec. 23, 2016, 130 Stat. 2425, provided that:
"(a)
"(b)
"(1) Provide socio-cultural analysis support to any unit deployed, or preparing to deploy, to an exercise or operation in the assigned region of responsibility of the unit being supported.
"(2) Make recommendations or support policy or doctrine development to increase the social science expertise of military and civilian personnel of the Department of the Army.
"(3) Provide reimbursable support to other military departments or Federal agencies if requested through an operational needs request process.
"(c)
"(1) A center in the continental United States (referred to in this section as a 'reach-back center') to support requests for information, research, and analysis.
"(2) Outreach to academic institutions and other Federal agencies involved in social science research to increase the network of resources for the reach-back center.
"(3) Training with operational units during annual training exercises or during pre-deployment training.
"(4) The training, contracting, and human resources capacity to rapidly respond to contingencies in which social science expertise is requested by operational commanders through an operational needs request process.
"(d)
"(e)
"(1)
"(2)
"(A) notice of the waiver; and
"(B) a certification that there is a compelling national security interest for the deployment or there will be a benefit to the safety and welfare of members of the Armed Forces from the deployment.
"(3)
"(A) The operational unit, or units, requesting support, including the location or locations where the social scientists are to be deployed.
"(B) The number of Global Cultural Knowledge Network personnel to be deployed and the anticipated duration of such deployments.
"(C) The anticipated resource needs for such deployment."
Pub. L. 113–291, div. A, title X, §1075, Dec. 19, 2014, 128 Stat. 3519, provided that:
"(a)
"(b)
"(1)
"(2)
"(c)
Pub. L. 111–84, div. B, title XXVIII, §2807, Oct. 28, 2009, 123 Stat. 2663, provided that:
"(a)
"(b)
Pub. L. 111–84, div. B, title XXVIII, §2825, Oct. 28, 2009, 123 Stat. 2668, provided that: "In selecting the military installations at which brigade combat teams will be stationed, the Secretary of the Army shall take into consideration the availability and proximity of training spaces for the units and the capacity of the installations to support the units."
Pub. L. 109–163, div. A, title III, §353, Jan. 6, 2006, 119 Stat. 3203, provided that:
"(a)
"(1)
"(2)
"(A) A statement of the purpose of training for brigade-based combat teams and functional supporting brigades.
"(B) Performance goals for both active-component and reserve-component brigade-based combat teams and functional supporting brigades, including goals for live, virtual, and constructive training.
"(C) Metrics to quantify training performance against the performance goals specified under subparagraph (B).
"(D) A process to report the status of collective training to Army leadership for monitoring the training performance of brigade-based combat teams and functional supporting brigades.
"(E) A model to quantify, and to forecast, operation and maintenance funding required for each fiscal year to attain the performance goals specified under subparagraph (B).
"(3)
"(b)
"(1)
"(2)
"(A) A discussion of the training strategy developed under subsection (a), including a description of the performance goals and metrics developed under that subsection.
"(B) A discussion and description of the training ranges and other essential elements required to support the training strategy.
"(C) A list of the funding requirements, shown by fiscal year and set forth in a format consistent with the future-years defense program to accompany the budget of the President under section 221 of title 10, United States Code, necessary to meet the requirements of the training ranges and other essential elements described under subparagraph (B).
"(D) A schedule for the implementation of the training strategy.
"(c)
"(1)
"(2)
Pub. L. 108–375, div. A, title V, §595(c), Oct. 28, 2004, 118 Stat. 1937, provided that: "The Secretary of the Army shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives an annual report on the status of the internal transformation of the Army from a division-orientated force to a brigade-orientated force. Such report shall be submitted not later than March 31 of each year, except that the requirement to submit such annual report shall terminate when the Secretary of the Army submits to those committees the Secretary's certification that the transformation of the Army to a brigade-orientated force has been completed. Upon the submission of such certification, the Secretary shall publish in the Federal Register notice of that certification and that the statutory requirement to submit an annual report under this subsection has terminated."
Pub. L. 103–337, div. A, title X, §1065, Oct. 5, 1994, 108 Stat. 2849, provided that:
"(a)
"(b)
"(c)
"(d)
"(e)
"(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)
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.
(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.
(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.
(Added Pub. L. 99–433, title V, §501(a)(5), Oct. 1, 1986, 100 Stat. 1036; amended Pub. L. 100–180, div. A, title XIII, §1314(b)(7), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 100–456, div. A, title III, §325(a), Sept. 29, 1988, 102 Stat. 1955; Pub. L. 101–189, div. A, title VI, §652(a)(4), Nov. 29, 1989, 103 Stat. 1461; Pub. L. 107–107, div. A, title X, §1048(a)(27), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 107–314, div. A, title V, §504(c)(2), Dec. 2, 2002, 116 Stat. 2532; Pub. L. 114–328, div. A, title IX, §903(c), Dec. 23, 2016, 130 Stat. 2344.)
A prior section 3014, acts Aug. 10, 1956, ch. 1041, 70A Stat. 158, §3013; Aug. 6, 1958, Pub. L. 85–599, §8(a), 72 Stat. 519; Sept. 2, 1958, Pub. L. 85–861, §1(58), 72 Stat. 1462; Aug. 14, 1964, Pub. L. 88–426, title III, §305(3), 78 Stat. 422; Dec. 1, 1967, Pub. L. 90–168, §2(12), 81 Stat. 523; Dec. 31, 1970, Pub. L. 91–611, title II, §211(a), 84 Stat. 1829; Nov. 9, 1979, Pub. L. 96–107, title VIII, §820(b), 93 Stat. 819; Sept. 24, 1983, Pub. L. 98–94, title XII, §1212(c)(1), 97 Stat. 687; renumbered §3014, Oct. 1, 1986, Pub. L. 99–433, title V, §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, §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.
2016—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."
Subsec. (f)(5). Pub. L. 114–328, §903(c)(2), added par. (5).
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".
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.
Pub. L. 99–433, title V, §532(a), Oct. 1, 1986, 100 Stat. 1063, 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]."
Baseline personnel limitations in this section inapplicable to certain acquisition personnel and personnel hired pursuant to a shortage category designation for fiscal year 2009 and fiscal years thereafter, and Secretary of Defense or a secretary of a military department authorized to adjust such limitations for fiscal year 2009 and fiscal years thereafter, see section 1111 of Pub. L. 110–417, set out as a note under section 143 of this title.
(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.
(Added Pub. L. 99–433, title V, §501(a)(5), Oct. 1, 1986, 100 Stat. 1037.)
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, §3014; renumbered §3015, Oct. 1, 1986, Pub. L. 99–433, title V, §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, §501(a)(5).
Another prior section 3015 was renumbered section 3040 of this title and subsequently repealed.
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.
(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)(A) One of the Assistant Secretaries shall be the Assistant Secretary of the Army for Financial Management.
(B) The Assistant Secretary shall be appointed from among persons who have significant budget, financial management, or audit experience in complex organizations.
(C) The principal responsibility of the Assistant Secretary shall be 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 an officer 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. In the event of a vacancy in the position of Assistant Secretary of the Army for Acquisition, Logistics, and Technology, the Principal Military Deputy may serve as Acting Assistant Secretary for a period of not more than one year.
(Added Pub. L. 99–433, title V, §501(a)(5), Oct. 1, 1986, 100 Stat. 1038; amended Pub. L. 100–456, div. A, title VII, §702(a)(1), Sept. 29, 1988, 102 Stat. 1992; Pub. L. 110–181, div. A, title IX, §908(a), Jan. 28, 2008, 122 Stat. 278; Pub. L. 114–328, div. A, title VIII, §802(a), Dec. 23, 2016, 130 Stat. 2249; Pub. L. 115–91, div. A, title V, §505, title IX, §921(a), Dec. 12, 2017, 131 Stat. 1374, 1524.)
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.
2017—Subsec. (b)(4). Pub. L. 115–91, §921(a), designated first sentence as subpar. (A), designated second and third sentences as subpar. (C) and, in subpar. (C), substituted "The principal responsibility of the Assistant Secretary shall be" for "The Assistant Secretary shall have as his principal responsibility", and added subpar. (B).
Subsec. (b)(5)(B). Pub. L. 115–91, §505, substituted "an officer" for "a lieutenant general".
2016—Subsec. (b)(5)(B). Pub. L. 114–328 inserted at end "In the event of a vacancy in the position of Assistant Secretary of the Army for Acquisition, Logistics, and Technology, the Principal Military Deputy may serve as Acting Assistant Secretary for a period of not more than one year."
2008—Subsec. (b)(5). Pub. L. 110–181 added par. (5).
1988—Subsec. (b)(4). Pub. L. 100–456 added par. (4).
Pub. L. 115–91, div. A, title IX, §921(d), Dec. 12, 2017, 131 Stat. 1524, provided that: "The appointment qualifications imposed by the amendments made by this section [amending this section and sections 5016 and 8016 of this title] shall apply with respect to an appointment as an Assistant Secretary of a military department for financial management that is made on or after the date of the enactment of this Act [Dec. 12, 2017]."
Pub. L. 100–456, div. A, title VII, §702(e)(1), Sept. 29, 1988, 102 Stat. 1996, 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."
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.)
| 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.
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.
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.
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.
1 See References in Text note below.
(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.)
| 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).
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.
(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.)
A prior section 3019 was renumbered section 3038 of this title.
1988—Subsec. (a). Pub. L. 100–456 inserted ", by and with the advice and consent of the Senate" before period at end.
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]."
(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.)
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.
Provisions similar to those in this section were contained in section 3039 of this title prior to enactment of Pub. L. 99–433.
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.)
Prior section 3021 was renumbered section 10302 of this title.
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.
(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.
(Added Pub. L. 100–456, div. A, title VII, §702(a)(2), Sept. 29, 1988, 102 Stat. 1993; amended Pub. L. 103–337, div. A, title X, §1070(a)(15), Oct. 5, 1994, 108 Stat. 2856; Pub. L. 104–106, div. A, title XV, §1503(b)(1), Feb. 10, 1996, 110 Stat. 512.)
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)".
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.
(a) There is a Chief of Legislative Liaison in the Department of the Army.
(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; amended Pub. L. 114–328, div. A, title V, §502(j), Dec. 23, 2016, 130 Stat. 2103.)
2016—Subsec. (a). Pub. L. 114–328 struck out second sentence which read as follows: "An officer assigned to that position shall be an officer in the grade of major general."
(a)
(b)
(c)
(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.)
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.
2016—Pub. L. 114–328, div. A, title V, §502(n)(2), Dec. 23, 2016, 130 Stat. 2103, struck out item 3039 "Deputy and assistant chiefs of branches".
2008—Pub. L. 110–181, div. A, title V, §543(a)(3)(B), Jan. 28, 2008, 122 Stat. 115, substituted "Deputy" for "Assistant" in item 3037.
1994—Pub. L. 103–337, div. A, title IX, §904(b)(2), Oct. 5, 1994, 108 Stat. 2827, struck out item 3040 "Chief of National Guard Bureau: appointment; acting chief".
1986—Pub. L. 99–433, title V, §502(g)(2), Oct. 1, 1986, 100 Stat. 1042, amended analysis generally, substituting items 3031 to 3040 for former items 3031 to 3040.
1980—Pub. L. 96–513, title V, §512(2), Dec. 12, 1980, 94 Stat. 2929, substituted "Deputy Chiefs" for "Deputy Chief" in item 2035, and substituted "appointment" for "appointments" in item 3036.
1966—Pub. L. 89–718, §25(b), Nov. 2, 1966, 80 Stat. 1119, struck out item 3038 "Chief of Engineers: additional duties".
(a) There is in the executive part of the Department of the Army an Army Staff. The function of the Army Staff is to assist the Secretary of the Army in carrying out his responsibilities.
(b) The Army Staff is composed of the following:
(1) The Chief of Staff.
(2) The Vice Chief of Staff.
(3) The Deputy Chiefs of Staff.
(4) The Assistant Chiefs of Staff.
(5) The Chief of Engineers.
(6) The Surgeon General of the Army.
(7) The Judge Advocate General of the Army.
(8) The Chief of Chaplains of the Army.
(9) The Chief of Army Reserve.
(10) Other members of the Army assigned or detailed to the Army Staff.
(11) Civilian employees of the Department of the Army assigned or detailed to the Army Staff.
(c) Except as otherwise specifically prescribed by law, the Army Staff shall be organized in such manner, and its members shall perform such duties and have such titles, as the Secretary may prescribe.
(Aug. 10, 1956, ch. 1041, 70A Stat. 150; Pub. L. 93–547, Dec. 26, 1974, 88 Stat. 1742; Pub. L. 93–608, §1(6), Jan. 2, 1975, 88 Stat. 1968; Pub. L. 98–525, title V, §515, Oct. 19, 1984, 98 Stat. 2522; Pub. L. 99–433, title V, §502(a), Oct. 1, 1986, 100 Stat. 1039.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3031(a) 3031(b) |
10:21a(a). 10:21a(b). |
June 28, 1950, ch. 383, §201, 64 Stat. 265. |
| 3031(c) | 10:21a(c). | |
| 3031(d) | 10:21a(d). |
In subsection (a), the words "an Army Staff consisting of—" are substituted for the words "a staff, which shall be known as the Army Staff, and which shall consist of—". The words "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 (c), the third sentence is substituted for 10:21a(c) (1st 13 words and 1st proviso). The words "officers and employees * * * or under the jurisdiction of" are omitted as surplusage.
In subsections (c) and (d), the word "hereafter" is omitted, since all wars and emergencies declared by Congress before June 24, 1950, have been terminated.
In subsection (d), the second sentence is substituted for 10:21a(d) (last 31 words of 1st sentence). The third sentence is substituted for 10:21a(d) (2d sentence). 10:21a(d) (1st 13 words of last sentence) is omitted as executed. The words "This subsection does not apply" are substituted for the words "and shall be in applicable".
1986—Pub. L. 99–433 amended section generally, substituting "The Army Staff: function; composition" for "Composition: assignment and detail of members of Army and civilians" in section catchline and substituting in text provisions relating to establishment and composition of the Army Staff and authorizing the Secretary to prescribe the organization, duties, and titles of the Army Staff for provisions relating to establishment and composition of the Army Staff, authorizing the Secretary to prescribe the organization, duties, and titles of the Army Staff and authorizing part of the Army Staff to be designated as the Army General Staff, and limiting the number of officers who may be assigned or detailed to permanent duty in the executive part of the Department of the Army and on or with the Army General Staff.
1984—Subsec. (d). Pub. L. 98–525 struck out subsec. (d) which provided that no commissioned officer who was assigned or detailed to duty in the executive part of the Department of the Army could serve for a tour of duty of more than four years, but that the Secretary could extend such a tour of duty if he made a special finding that the extension was necessary in the public interest, that no officer could be assigned or detailed to duty in the executive part of the Department of the Army within two years after relief from that duty, except upon a special finding by the Secretary that the assignment or detail was necessary in the public interest, and that the subsection did not apply in time of war, or of national emergency declared by Congress.
1975—Subsec. (c). Pub. L. 93–608 struck out requirement of quarterly report to Congress on the number of officers in the executive part of the Department of the Army and the number of commissioned officers on or with the Army General Staff and the justification therefor.
1974—Subsec. (a)(3). Pub. L. 93–547 increased the number of Deputy Chiefs of Staff from three to four.
Pub. L. 98–525, title V, §515, Oct. 19, 1984, 98 Stat. 2522, provided that the amendment made by that section is effective Oct. 1, 1984.
(a) The Army Staff shall furnish professional assistance to the Secretary, the Under Secretary, and the Assistant Secretaries of the Army and to the Chief of Staff of the Army.
(b) Under the authority, direction, and control of the Secretary of the Army, the Army Staff shall—
(1) subject to subsections (c) and (d) of section 3014 of this title, prepare for such employment of the Army, and for such recruiting, organizing, supplying, equipping (including those aspects of research and development assigned by the Secretary of the Army), training, servicing, mobilizing, demobilizing, administering, and maintaining of the Army, as will assist in the execution of any power, duty, or function of the Secretary or the Chief of Staff;
(2) investigate and report upon the efficiency of the Army and its preparation to support military operations by combatant commands;
(3) prepare detailed instructions for the execution of approved plans and supervise the execution of those plans and instructions;
(4) as directed by the Secretary or the Chief of Staff, coordinate the action of organizations of the Army; and
(5) perform such other duties, not otherwise assigned by law, as may be prescribed by the Secretary.
(Aug. 10, 1956, ch. 1041, 70A Stat. 161; Pub. L. 85–599, §4(g), Aug. 6, 1958, 72 Stat. 517; Pub. L. 99–433, title V, §502(b), Oct. 1, 1986, 100 Stat. 1040.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3032(a) 3032(b) |
10:21e(a). 10:21e(b). |
June 28, 1950, ch. 383, §205, 64 Stat. 266. |
In subsection (a), the word "furnish" is substituted for the word "render".
In subsection (b)(1), the words "power, duty, or function of" are substituted for the words "power vested in, duty imposed upon, or function assigned to".
In subsection (b)(2), the words "all questions affecting" and "state of" are omitted as surplusage.
1986—Pub. L. 99–433, §502(b)(3), substituted "The Army Staff: general duties" for "General duties" in section catchline.
Subsec. (a). Pub. L. 99–433, §502(b)(1), inserted "and to the Chief of Staff of the Army".
Subsec. (b). Pub. L. 99–433, §502(b)(2), substituted "authority, direction, and control of the Secretary of the Army" for "direction and control of the Secretary" in introductory provisions, inserted "subject to subsections (c) and (d) of section 3014 of this title," and substituted "(including those aspects of research and development assigned by the Secretary of the Army), training, servicing, mobilizing, demobilizing, administering, and maintaining" for ", training, serving, mobilizing, and demobilizing" in cl. (1), substituted "to support military operations by combatant commands" for "for military operations" in cl. (2), and amended cl. (4) generally. Prior to amendment, cl. (4) read as follows: "act as agent of the Secretary and the Chief of Staff in coordinating the action of all organizations of the Department of the Army; and".
1958—Subsec. (b)(1). Pub. L. 85–599 substituted "prepare for such employment of the Army" for "prepare such plans for the national security, for employment of the Army for that purpose, both separately and in conjunction with the naval and air forces".
(a)(1) There is a Chief of Staff of the Army, appointed for a period of four years by the President, by and with the advice and consent of the Senate, from the general officers of the Army. He serves at the pleasure of the President. In time of war or during a national emergency declared by Congress, he may be reappointed for a term of not more than four years.
(2) The President may appoint an officer as Chief of Staff only if—
(A) the officer has had significant experience in joint duty assignments; and
(B) such experience includes at least one full tour of duty in a joint duty assignment (as defined in section 664(f) 1 of this title) as a general officer.
(3) The President may waive paragraph (2) in the case of an officer if the President determines such action is necessary in the national interest.
(b) The Chief of Staff, while so serving, has the grade of general without vacating his permanent grade.
(c) Except as otherwise prescribed by law and subject to section 3013(f) of this title, the Chief of Staff performs his duties under the authority, direction, and control of the Secretary of the Army and is directly responsible to the Secretary.
(d) Subject to the authority, direction, and control of the Secretary of the Army, the Chief of Staff shall—
(1) preside over the Army Staff;
(2) transmit the plans and recommendations of the Army Staff to the Secretary and advise the Secretary with regard to such plans and recommendations;
(3) after approval of the plans or recommendations of the Army Staff by the Secretary, act as the agent of the Secretary in carrying them into effect;
(4) exercise supervision, consistent with the authority assigned to commanders of unified or specified combatant commands under chapter 6 of this title, over such of the members and organizations of the Army as the Secretary determines;
(5) perform the duties prescribed for him by sections 171 and 2547 of this title and other provisions of law; and
(6) perform such other military duties, not otherwise assigned by law, as are assigned to him by the President, the Secretary of Defense, or the Secretary of the Army.
(e)(1) The Chief of Staff shall also perform the duties prescribed for him as a member of the Joint Chiefs of Staff under section 151 of this title.
(2) To the extent that such action does not impair the independence of the Chief of Staff in the performance of his duties as a member of the Joint Chiefs of Staff, the Chief of Staff shall inform the Secretary regarding military advice rendered by members of the Joint Chiefs of Staff on matters affecting the Department of the Army.
(3) Subject to the authority, direction, and control of the Secretary of Defense, the Chief of Staff shall keep the Secretary of the Army fully informed of significant military operations affecting the duties and responsibilities of the Secretary.
(Aug. 10, 1956, ch. 1041, 70A Stat. 162, §3034; Pub. L. 85–599, §4(a), Aug. 6, 1958, 72 Stat. 516; Pub. L. 87–651, title I, §114, Sept. 7, 1962, 76 Stat. 513; Pub. L. 90–22, title IV, §401, June 5, 1967, 81 Stat. 53; Pub. L. 96–513, title V, §502(2), Dec. 12, 1980, 94 Stat. 2909; Pub. L. 97–22, §10(b)(4), July 10, 1981, 95 Stat. 137; renumbered §3033 and amended Pub. L. 99–433, title V, §502(c), Oct. 1, 1986, 100 Stat. 1040; Pub. L. 100–456, div. A, title V, §519(a)(3), Sept. 29, 1988, 102 Stat. 1972; Pub. L. 114–92, div. A, title VIII, §802(d)(4)(A), Nov. 25, 2015, 129 Stat. 880.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3034(a) 3034(b) |
10:21b (1st sentence). 10:21b (less 1st sentence). |
June 28, 1950, ch. 383, §§202, 204, 64 Stat. 266. |
| 3034(c) 3034(d) |
10:21d(a) (1st 9 words). 10:21d(b) (2d sentence). 10:21d(c). 10:21d(a) (less 1st 9 words). 10:21d(b) (less 2d sentence). 10:38 (last par.). |
June 3, 1916, ch. 134, §5 (last par.), added June 15, 1933, ch. 87, §2 (last par.), 48 Stat. 154. |
In subsection (a), the words "not for" are substituted for the words "no person shall serve as Chief of Staff for a term of".
In subsection (b), the words "so serving" are substituted for the words "holding office as such". The words "regular or reserve" are substituted for the word "permanent", since there are no other "permanent" grades. The words "in the Army" are omitted as surplusage. The words "and shall take rank as prescribed by law" are omitted as covered by section 743 of this title. The words "He shall receive the compensation prescribed by law" are omitted as covered by the Career Compensation Act of 1949, 63 Stat. 802 (37 U.S.C. 231 et seq.).
In subsection (c), the provisions of 10:21d relating to the direction of the Secretary of the Army over the Chief of Staff are combined. The words "and of subsection (c) of this section" and "state of" are omitted as surplusage.
In subsection (d), 10:38 (last par.) is omitted as covered by 10:21d(a). The words "by sections 1a–1g, 19, 21a–21h, 61–1, 81–1, 231a and 316–1 of this title and section 181–3 to 181–5 of Title 5" are omitted as covered by the words "other provisions of law".
The changes correct references to section 202(j) of the National Security Act of 1947, which is now set out as section 124 of title 10.
Section 664(f) of this title, referred to in subsec. (a)(2)(B), was redesignated as section 664(d) of this title by Pub. L. 114–328, div. A, title V, §510(g)(1), Dec. 23, 2016, 130 Stat. 2111.
A prior section 3033 was renumbered section 10302 of this title.
2015—Subsec. (d)(5). Pub. L. 114–92 substituted "sections 171 and 2547" for "section 171".
1988—Subsec. (a)(2)(B). Pub. L. 100–456 substituted "full tour of duty in a joint duty assignment (as defined in section 664(f) of this title)" for "joint duty assignment".
1986—Pub. L. 99–433 renumbered section 3034 of this title as this section, substituted "Chief of Staff" for "Chief of Staff: appointment; duties" in section catchline, and amended text generally. Prior to amendment, text read as follows:
"(a) The Chief of Staff shall be appointed by the President, by and with the advice and consent of the Senate, for a period of four years, from the general officers of the Army. He serves during the pleasure of the President. In time of war or national emergency, declared by the Congress after December 31, 1968, he may be reappointed for a term of not more than four years.
"(b) The Chief of Staff, while so serving, has the grade of general without vacating his regular or reserve grade.
"(c) Except as otherwise prescribed by law and subject to section 3012(c) and (d) of this title, the Chief of Staff performs his duties under the direction of the Secretary of the Army, and is directly responsible to the Secretary for the efficiency of the Army, its preparedness for military operations, and plans therefor.
"(d) The Chief of Staff shall—
"(1) preside over the Army Staff;
"(2) send the plans and recommendations of the Army Staff to the Secretary, and advise him with regard thereto;
"(3) after approval of the plans or recommendations of the Army Staff by the Secretary, act as the agent of the Secretary in carrying them into effect;
"(4) exercise supervision over such of the members and organizations of the Army as the Secretary of the Army determines. Such supervision shall be exercised in a manner consistent with the full operational command vested in unified or specified combatant commanders under section 124 of this title;
"(5) perform the duties described for him by sections 141 and 171 of this title and other provisions of law; and
"(6) perform such other military duties, not otherwise assigned by law, as are assigned to him by the President."
1981—Subsec. (b). Pub. L. 97–22 struck out a comma after "regular or reserve grade".
1980—Subsec. (b). Pub. L. 96–513 struck out provision under which the Chief of Staff is counted as one of the officers authorized to serve in a grade above lieutenant general under section 3066 of this title.
1967—Subsec. (a). Pub. L. 90–22 changed requirement that Chief of Staff be reappointed only with advice and consent of Senate by providing for his reappointment for a term of not more than four years by President without such advice and consent in a time of war or national emergency as declared by Congress.
1962—Subsec. (d)(4). Pub. L. 87–651 substituted "under section 124 of this title" for "pursuant to section 202(j) of the National Security Act of 1947, as amended".
1958—Subsec. (d)(4). Pub. L. 85–599 required Chief of Staff to exercise supervision only as Secretary of the Army determines and in a manner consistent with full operational command vested in unified or specified combatant commanders.
Pub. L. 97–22, §10(b), July 10, 1981, 95 Stat. 137, provided that the amendment made by that section is effective Sept. 15, 1981.
Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
Pub. L. 90–22, title IV, §405, June 5, 1967, 81 Stat. 53, provided that: "The amendments made by this title [amending sections 3034 [now 3033], 5081, 5201, and 8034 [now 8033] of this title] shall take effect as of January 1, 1969."
Pub. L. 99–433, title V, §532(c), Oct. 1, 1986, 100 Stat. 1063, as amended by Pub. L. 100–26, §11(b), Apr. 21, 1987, 101 Stat. 289; Pub. L. 100–180, div. A, title XIII, §1314(a)(3), Dec. 4, 1987, 101 Stat. 1175, provided that the President may waive, on a case-by-case basis, requirements for appointment as Service Chief provided for in sections 3033(a)(2), 5033(a)(2), 5043(a)(2), and 8033(a)(2) of this title, for a period of four years after Oct. 1, 1986.
1 See References in Text note below.
(a) There is a Vice Chief of Staff of the Army, appointed by the President, by and with the advice and consent of the Senate, from the general officers of the Army.
(b) The Vice Chief of Staff of the Army, while so serving, has the grade of general without vacating his permanent grade.
(c) The Vice Chief of Staff has such authority and duties with respect to the Department of the Army as the Chief of Staff, with the approval of the Secretary of the Army, may delegate to or prescribe for him. Orders issued by the Vice Chief of Staff in performing such duties have the same effect as those issued by the Chief of Staff.
(d) When there is a vacancy in the office of Chief of Staff or during the absence or disability of the Chief of Staff—
(1) the Vice Chief of Staff shall perform the duties of the Chief of Staff until a successor is appointed or the absence or disability ceases; or
(2) if there is a vacancy in the office of the Vice Chief of Staff or the Vice Chief of Staff is absent or disabled, unless the President directs otherwise, the most senior officer of the Army in the Army Staff who is not absent or disabled and who is not restricted in performance of duty shall perform the duties of the Chief of Staff until a successor to the Chief of Staff or the Vice Chief of Staff is appointed or until the absence or disability of the Chief of Staff or Vice Chief of Staff ceases, whichever occurs first.
(Aug. 10, 1956, ch. 1041, 70A Stat. 162, §3035; Pub. L. 85–599, §6(a), Aug. 6, 1958, 72 Stat. 519; renumbered §3034 and amended Pub. L. 99–433, title V, §502(d), Oct. 1, 1986, 100 Stat. 1041.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3035(a) 3035(b) |
10:21c (1st sentence). 10:21c (less 1st sentence). |
June 28, 1950, ch. 383, §203, 64 Stat. 266. |
In subsection (a), the words "of the Army" are omitted as surplusage.
In subsection (b), the words "If the Chief of Staff is absent or disabled or if that office is vacant" are substituted for 10:21c (1st 18 words of last sentence). The words "the officer who is highest on the following list and" are inserted for clarity. The words "until his successor is appointed" are omitted as surplusage.
A prior section 3034 was renumbered section 3033 of this title.
1986—Pub. L. 99–433, §502(d), renumbered section 3035 of this title as this section.
Pub. L. 99–433, §502(d)(3), substituted "Vice Chief of Staff" for "Vice Chief of Staff, Deputy Chiefs of Staff, and Assistant Chiefs of Staff: succession to duties of Chief of Staff" in section catchline.
Subsecs. (a), (b). Pub. L. 99–433, §502(d)(1), amended subsecs. (a) and (b) generally. Prior to amendment, subsecs. (a) and (b) read as follows:
"(a) The Vice Chief of Staff, the Deputy Chiefs of Staff, and the Assistant Chiefs of Staff shall be general officers detailed to those positions.
"(b) If the Chief of Staff is absent or disabled or if that office is vacant, the officer who is highest on the following list and who is not absent or disabled shall, unless otherwise directed by the President, perform the duties of the Chief of Staff until a successor is appointed or the absence or disability ceases:
"(1) The Vice Chief of Staff.
"(2) The Deputy Chiefs of Staff in order of seniority."
Subsec. (d). Pub. L. 99–433, §502(d)(2), added subsec. (d).
1958—Subsec. (c). Pub. L. 85–599 added subsec. (c).
(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.)
A prior section 3035 was renumbered section 3034 of this title.
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."
(a) There are in the Army the following officers:
(1) Chief of Engineers.
(2) Surgeon General.
(3) Judge Advocate General.
(4) Chief of Chaplains.
(b) Each officer named in subsection (a), except the Judge Advocate General, shall be appointed by the President, by and with the advice and consent of the Senate, from officers above the grade of major who—
(1) have shown by extensive duty in the branch concerned, or by similar duty, that they are qualified for the appointment; and
(2) have been recommended by a board under subsection (e).
The Surgeon General may be appointed from officers in any corps of the Army Medical Department. The Judge Advocate General shall be appointed as prescribed in section 3037 of this title.
(c) An officer appointed under subsection (b) normally holds office for four years. However, the President may terminate or extend the appointment at any time.
(d) Each officer named in subsection (a) shall perform duties prescribed by the Secretary of the Army and by law.
(e)(1) Under the supervision of the Secretary, the Chief of Engineers may accept orders to provide services to another department, agency, or instrumentality of the United States or to a State or political subdivision of a State. The Chief of Engineers may provide any part of those services by contract. Services may be provided to a State, or to a political subdivision of a State, only if—
(A) the work to be undertaken on behalf of non-Federal interests involves Federal assistance and the head of the department or agency providing Federal assistance for the work does not object to the provision of services by the Chief of Engineers; and
(B) the services are provided on a reimbursable basis.
(2) In this subsection, the term "State" includes the several States, the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, territories and possessions of the United States, and Indian tribes.
(f)(1) The Surgeon General serves as the principal advisor to the Secretary of the Army and the Chief of Staff of the Army on all health and medical matters of the Army, including strategic planning and policy development relating to such matters.
(2) The Surgeon General serves as the chief medical advisor of the Army to the Director of the Defense Health Agency on matters pertaining to military health readiness requirements and safety of members of the Army.
(3) The Surgeon General, acting under the authority, direction, and control of the Secretary of the Army, shall recruit, organize, train, and equip, medical personnel of the Army.
(g) For each office to be filled under subsection (b), the Secretary shall select a board of five general officers, including the incumbent, if any, of the office, and at least two officers, if available, in a grade above major general who have had extensive service in the branch concerned. The Secretary shall give the board a list of the officers to be considered and shall specify the number of officers, not less than three, to be recommended. The list shall include—
(1) the name of each officer of the Regular Army who is appointed in, or assigned to, that branch, and whose regular grade is colonel;
(2) the name of each officer whose regular grade is above colonel, who has shown by extensive duty in that branch, or by similar duty, that he is qualified for the appointment;
(3) to the extent that the Secretary determines advisable, the name of each officer of the Regular Army who is appointed in, or assigned to, that branch, and whose regular grade is lieutenant colonel, in the order in which their names appear on the applicable promotion lists; and
(4) to the extent that the Secretary considers advisable, the name of each regular or reserve officer on active duty in a grade above lieutenant colonel who has shown by extensive duty in that branch, or by similar duty, that he is qualified for the appointment.
From these officers, the board shall recommend by name the number prescribed by the Secretary, and the President may appoint any officer so recommended. If the President declines to appoint any of the recommended officers, or if the officer nominated cannot be appointed because of advice by the Senate, the Secretary shall convene a board to recommend additional officers. An officer who is recommended but not appointed shall be considered not to have been recommended. This does not affect his eligibility for selection and recommendation for the grade of brigadier general or major general under section 3306 or 3307 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 163; Pub. L. 89–288, §1, Oct. 22, 1965, 79 Stat. 1050; Pub. L. 89–718, §24, Nov. 2, 1966, 80 Stat. 1119; Pub. L. 97–295, §1(38), Oct. 12, 1982, 96 Stat. 1296; Pub. L. 99–662, title IX, §922, Nov. 17, 1986, 100 Stat. 4194; Pub. L. 100–26, §7(a)(10), Apr. 21, 1987, 101 Stat. 278; Pub. L. 102–580, title II, §211, Oct. 31, 1992, 106 Stat. 4831; Pub. L. 104–106, div. A, title V, §506(a), Feb. 10, 1996, 110 Stat. 296; Pub. L. 104–201, div. A, title X, §1074(a)(18), Sept. 23, 1996, 110 Stat. 2660; Pub. L. 114–328, div. A, title V, §502(k), title VII, §702(b)(1), Dec. 23, 2016, 130 Stat. 2103, 2195.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3036(a) 3036(b) 3036(c) 3036(d) |
10:21f(a). 10:21f(b). 10:181 (1st 17 words). 10:559g(a) (less 3d and 5th sentences). 10:559g(a) (3d sentence). 10:21f(c). |
June 28, 1950, ch. 383, §206, 64 Stat. 267. June 3, 1916, ch. 134, §11 (1st 17 words); restated June 4, 1920, ch. 227, subch. I, §11 (1st 17 words), 41 Stat. 768. |
| 3036(e) | 10:559g(b). | Aug. 7, 1947, ch. 512, §513(a) (less 5th sentence), (b), 61 Stat. 901. |
In subsection (b), all references to the appointment of assistant chiefs are omitted as covered by sections 3037 and 3040 of this title. All references to the grade of brigadier general are omitted, since 10:21f(b) specifies the grade of major general for the offices. 10:559g(a) (4th sentence) is omitted as surplusage, since the appointment is to a permanent grade. 10:559g(a) (6th and 7th sentences) is omitted as executed. 10:559g(a) (last sentence) is omitted, since the revised section applies only to the officers named in subsection (a). The words "except the Judge Advocate General" are inserted for clarity. The eight words before clause (1), and clauses (1) and (2), are substituted for the words "as prescribed in section 559g of this title", in 10:21f(b), and 10:559g(a) (1st sentence). The second sentence is substituted for 10:559g(a) (2d sentence) and 10:21f(b) (1st 15 words). The words "selected and", in 10:21f(b), are omitted as surplusage. The words "arms, or services", in 10:559g(a) are omitted as obsolete, since sections 3063 and 3064 of this title designate the former arms and services as "branches".
In subsection (c), the words "normally holds office" are substituted for the words "shall normally continue in that assignment for a tour of duty". The words "appointment" and "office" are substituted for the words "assignment" and "tour of duty" whenever they are used in that sense.
In subsection (e), the introductory clause is substituted for 10:559g(b) (words before colon of 1st sentence). The words "in a grade above major general" are substituted for the words "of a rank above that of the position for which selections are to be made", since all the positions are in the grade of major general. The word "select" is substituted for the word "appoint", since the filling of the offices is not appointment to an office in the constitutional sense. The word "extensive" is substituted for the word "extended", except where it refers to "extended" active duty, in which case the word "extended" is omitted as surplusage. The words "the name of" are inserted for clarity. The words "appointed in, or assigned to" are substituted for the words "of the", and "in the", before the words "that branch", to conform to sections 3063 and 3064 of this title. The word "regular" is substituted for the word "permanent". The words "each regular or reserve officer" are substituted for the words "of officers of any component of the Army of the United States". The words "these officers" are substituted for the words "among those recommended by such board". The words "This does not affect" are substituted for the words "but this shall in no way prejudice". The words "to be filled", "by it", "other", "which number shall", "to be considered", "and may in addition thereto and", and "in the position concerned" are omitted as surplusage.
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3036(d) (1st sentence) | 10:3036(d). | |
| 3036(d) (last sentence) | 10:3036 (note). | Oct. 27, 1965, Pub. L. 89–298, §219, 79 Stat. 1089. |
The first sentence is restated to clarify that the Secretary concerned is the Secretary of the Army. The word "services" is substituted for "work or services" because it is inclusive. The word "instrumentality" is added for clarity.
2016—Subsec. (b). Pub. L. 114–328, §502(k)(2), which directed amendment of second sentence of concluding provisions by striking ", and while so serving, has the grade of lieutenant general", was executed by striking out "and, while so serving, has the grade of lieutenant general" after "Army Medical Department" to reflect the probable intent of Congress.
Pub. L. 114–328, §502(k)(1), struck out first sentence of concluding provisions which read as follows: "Each officer covered by the preceding sentence, except the Surgeon General, shall be appointed in the regular grade of major general."
Subsecs. (d) to (g). Pub. L. 114–328, §702(b)(1), struck out par. (1) designation before "Each officer" in subsec. (d), redesignated subsec. (e) as (g), added subsec. (e) designation, redesignated pars. (2) and (3) of subsec. (d) as pars. (1) and (2), respectively, of subsec. (e), and added subsec. (f).
1996—Subsec. (b). Pub. L. 104–106 inserted "may be appointed from officers in any corps of the Army Medical Department and" after "The Surgeon General" in concluding provisions.
Subsec. (d)(3). Pub. L. 104–201 substituted "In this subsection" for "For purposes of this subsection".
1992—Subsec. (d)(3). Pub. L. 102–580 added par. (3).
1987—Subsec. (d). Pub. L. 100–26 designated existing first sentence requiring each officer named in subsec. (a) to perform prescribed duties as par. (1), designated existing second sentence permitting the Chief of Engineers to accept orders to provide services to another department, agency, or governmental instrumentality as par. (2), and substituted "United States or to a State or political subdivision of a State. The Chief of Engineers may provide any part of those services by contract. Services may be provided to a State, or to a political subdivision of a State, only if—
"(A) the work to be undertaken on behalf of non-Federal interests involves Federal assistance and the head of the department or agency providing Federal assistance for the work does not object to the provision of services by the Chief of Engineers; and
"(B) the services are provided on a reimbursable basis." for "United States and, on a reimbursable basis, to a State or political subdivision thereof. Services provided to a State or political subdivision thereof shall be undertaken only on condition that—
"(1) the work to be undertaken on behalf of non-Federal interests involves Federal assistance; and
"(2) the department or agency providing Federal assistance for the work does not object to the provision of services by the Chief of Engineers.[,]
any part of those services by contract."
1986—Subsec. (d). Pub. L. 99–662 substituted "and, on a reimbursable basis, to a State or political subdivision thereof. Services provided to a State or political subdivision thereof shall be undertaken only on condition that—
"(1) the work to be undertaken on behalf of non-Federal interests involves Federal assistance; and
"(2) the department or agency providing Federal assistance for the work does not object to the provision of services by the Chief of Engineers."
for "and may provide", which resulted in the creation of an incomplete sentence.
1982—Subsec. (d). Pub. L. 97–295 substituted "Secretary of the Army" for "Secretary" and inserted provision that, under the supervision of the Secretary, the Chief of Engineers may accept orders to provide services to another department, agency, or instrumentality of the United States and may provide any part of those services by contract.
1966—Subsec. (a). Pub. L. 89–718 struck out cls. (2) to (8) naming the Chief Signal Officer, Adjutant General, Quartermaster General, Chief of Finance, Chief of Ordnance, Chief Chemical Officer, and Chief of Transportation respectively, and redesignated cls. (9) to (11) as (2) to (4), respectively.
1965—Subsec. (b). Pub. L. 89–288 provided Surgeon General, while so serving, with grade of lieutenant general.
Pub. L. 114–189, July 6, 2016, 130 Stat. 613, provided that:
"Congress finds the following:
"(1) The Corps of Engineers and other Federal agencies are required to preserve and catalogue artifacts and other items of national historical significance that are uncovered during the course of their work (notably under part 79 of title 36, Code of Federal Regulations).
"(2) Uncatalogued artifacts within the care of Federal agencies are stored in hundreds of repositories and museums across the Nation.
"(3) In October 2009, the Corps of Engineers, Center of Expertise for the Curation and Management of Archaeological Collections, initiated the Veterans' Curation Program to employ and train Iraq and Afghanistan veterans in archaeological processing.
"(4) The Veterans' Curation Program employs veterans and members of the Armed Forces in the sorting, cleaning, and cataloguing of artifacts managed by the Corps of Engineers.
"(5) Employees of the Veterans' Curation Program gain valuable work skills, including computer database management, records management, photographic and scanning techniques, computer software proficiency, vocabulary and writing skills, and interpersonal communication skills, as well as knowledge and training in archaeology and history.
"(6) Since 2009, a total of 241 veterans have participated in the Veterans' Curation Program, including the current class of 38 participants. Of the 203 graduates of the program, 87 percent have received permanent employment in a field related to training received under the program or chosen to continue their education.
"(7) Experience in archaeological curation gained through the Veterans' Curation Program is valuable training and experience for the museum, forensics, administrative, records management, and other fields.
"(8) Veterans' Curation Program participants may assist the Corps of Engineers in developing a more efficient and comprehensive collections management program and also may provide the workforce to meet the records management needs at other agencies and departments, including the Department of Veterans Affairs.
"Using available funds, the Secretary of the Army, acting through the Chief of Engineers, shall carry out a Veterans' Curation Program to hire veterans and members of the Armed Forces to assist the Secretary in carrying out curation and historic preservation activities."
Pub. L. 110–161, div. C, title I, §114, Dec. 26, 2007, 121 Stat. 1944, provided that: "All budget documents and justification materials for the Corps of Engineers annual budget submission to Congress shall be assembled and presented based on the most recent annual appropriations Act: Provided, That new budget proposals for fiscal year 2008 and thereafter, shall not be integrated into the budget justifications submitted to Congress but shall be submitted separately from the budget justifications documents."
Pub. L. 110–114, title II, §2027, Nov. 8, 2007, 121 Stat. 1079, provided that:
"(a)
"(1) the expenditures by the Corps for the preceding fiscal year and estimated expenditures by the Corps for the current fiscal year; and
"(2) for projects and activities that are not scheduled for completion in the current fiscal year, the estimated expenditures by the Corps necessary in the following fiscal year for each project or activity to maintain the same level of effort being achieved in the current fiscal year.
"(b)
"(1) With respect to activities carried out with funding provided under the Construction appropriations account for the Secretary [of the Army], information on—
"(A) projects currently under construction, including—
"(i) allocations to date;
"(ii) the number of years remaining to complete construction;
"(iii) the estimated annual Federal cost to maintain that construction schedule; and
"(iv) a list of projects the Corps of Engineers expects to complete during the current fiscal year; and
"(B) projects for which there is a signed partnership agreement and completed planning, engineering, and design, including—
"(i) the number of years the project is expected to require for completion; and
"(ii) estimated annual Federal cost to maintain that construction schedule.
"(2) With respect to operation and maintenance of the inland and intracoastal waterways identified by section 206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804)—
"(A) the estimated annual cost to maintain each waterway for the authorized reach and at the authorized depth;
"(B) the estimated annual cost of operation and maintenance of locks and dams to ensure navigation without interruption; and
"(C) the actual expenditures to maintain each waterway.
"(3) With respect to activities carried out with funding provided under the Investigations appropriations account for the Secretary—
"(A) the number of active studies;
"(B) the number of completed studies not yet authorized for construction;
"(C) the number of initiated studies; and
"(D) the number of studies expected to be completed during the fiscal year.
"(4) Funding received and estimates of funds to be received for interagency and international support activities under section 234 of the Water Resources Development Act of 1996 (33 U.S.C. 2323a).
"(5) Recreation fees and lease payments.
"(6) Hydropower and water storage receipts.
"(7) Deposits into the Inland Waterways Trust Fund and the Harbor Maintenance Trust Fund.
"(8) Other revenues and fees collected by the Corps of Engineers.
"(9) With respect to permit applications and notifications, a list of individual permit applications and nationwide permit notifications, including—
"(A) the date on which each permit application is filed;
"(B) the date on which each permit application is determined to be complete;
"(C) the date on which any permit application is withdrawn; and
"(D) the date on which the Corps of Engineers grants or denies each permit.
"(10) With respect to projects that are authorized but for which construction is not complete, a list of such projects for which no funds have been allocated for the 5 preceding fiscal years, including, for each project—
"(A) the authorization date;
"(B) the last allocation date;
"(C) the percentage of construction completed;
"(D) the estimated cost remaining until completion of the project; and
"(E) a brief explanation of the reasons for the delay."
[Reference to "partnership agreement" deemed to be reference to "cooperation agreement", see section 2003(f)(3) of Pub. L. 110–114, set out as a note under section 1962d–5b of Title 42, The Public Health and Welfare.]
Pub. L. 89–298, title II, §219, Oct. 27, 1965, 79 Stat. 1089, which provided that the Chief of Engineers, under the supervision of the Secretary of the Army, was authorized to accept orders from other Federal departments and agencies for work or services and to perform all or any part of such work or services by contract, was repealed and restated in subsec. (d) of this section by Pub. L. 97–295, §§1(38), 6(b), Oct. 12, 1982, 96 Stat. 1296, 1314.
By virtue of the authority vested in me by section 202(c) of the National Security Act of 1947, as amended (72 Stat. 514; 5 U.S.C. 171a(c)), and as Secretary of Defense, it is hereby ordered as follows:
(a) Chief Signal Officer;
(b) Adjutant General;
(c) Quartermaster General;
(d) Chief of Finance;
(e) Chief of Ordnance;
(f) Chief Chemical Officer, and
(g) Chief of Transportation.
J. C. Lambert,
Major General, U.S. Army,
The Adjutant General.
(a) The President, by and with the advice and consent of the Senate, shall appoint the Judge Advocate General, the Deputy Judge Advocate General, and general officers of the Judge Advocate General's Corps, from officers of the Judge Advocate General's Corps, who are recommended by the Secretary of the Army. The term of office of the Judge Advocate General and the Deputy Judge Advocate General is four years.
(b) The Judge Advocate General shall be appointed from those officers who at the time of appointment are members of the bar of a Federal court or the highest court of a State, and who have had at least eight years of experience in legal duties as commissioned officers.
(c) The Judge Advocate General, in addition to other duties prescribed by law—
(1) is the legal adviser of the Secretary of the Army and of all officers and agencies of the Department of the Army;
(2) shall direct the members of the Judge Advocate General's Corps in the performance of their duties; and
(3) shall receive, revise, and have recorded the proceedings of courts of inquiry and military commissions.
(d) Under regulations prescribed by the Secretary of Defense, the Secretary of the Army, in selecting an officer for recommendation to the President under subsection (a) for appointment as the Judge Advocate General or Deputy Judge Advocate General, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.
(e) No officer or employee of the Department of Defense may interfere with—
(1) the ability of the Judge Advocate General to give independent legal advice to the Secretary of the Army or the Chief of Staff of the Army; or
(2) the ability of judge advocates of the Army assigned or attached to, or performing duty with, military units to give independent legal advice to commanders.
(Aug. 10, 1956, ch. 1041, 70A Stat. 164; Pub. L. 85–861, §33(a)(18), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 103–337, div. A, title V, §504(a), Oct. 5, 1994, 108 Stat. 2750; Pub. L. 108–375, div. A, title V, §574(a), Oct. 28, 2004, 118 Stat. 1921; Pub. L. 109–163, div. A, title V, §508(a), title X, §1057(a)(2), Jan. 6, 2006, 119 Stat. 3229, 3440; Pub. L. 110–181, div. A, title V, §543(a)(1)–(3)(A), Jan. 28, 2008, 122 Stat. 114; Pub. L. 114–328, div. A, title V, §502(l), Dec. 23, 2016, 130 Stat. 2103.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3037(a) 3037(b) 3037(c) |
10:21h(c). 10:61a. 50:741. 10:62. 10:62a. 10:63. |
June 28, 1950, ch. 383, §208(c), 64 Stat. 267. June 24, 1948, ch. 625, §§248, 249, 62 Stat. 643. May 5, 1950, ch. 169, §13, 64 Stat. 147. |
| R.S. 1199. | ||
| June 23, 1874, ch. 458, §2, 18 Stat. 244. | ||
| R.S. 1201. |
In subsection (a), the words "Notwithstanding any other provision of law" and "for such positions" are omitted as surplusage. The last sentence is substituted for 10:61a (last sentence). 10:21h(c) is omitted as covered by 10:61a.
In subsection (b), the words "Hereafter" and "exclusive of the present incumbents" are omitted as surplusage.
In subsection (c), the words "In addition to duties elsewhere prescribed for him by law", in 10:62, are omitted as surplusage. The words "and perform such other duties as may be prescribed by the Secretary of the Army", in 10:62, are omitted as superseded by sections 3012(e) and 3036(d) of this title. Clause (2) is substituted for 10:62a (words after semicolon) and 63. The Act of June 23, 1874, ch. 458, §2 (words before semicolon of 1st sentence, and last sentence), 18 Stat. 244, are not contained in 10:62. They are also omitted from the revised section as superseded by sections 3037(a) and 3211 of this title.
The change corrects an inadvertence. The source statute for section 3036(c) of title 10 (the third sentence of sec. 513(a) of the Officer Personnel Act of 1947, 61 Stat. 901), providing for a 4-year term of office, applied also to the Judge Advocate General and the Assistant Judge Advocate General. As restated in section 3036(c), it now applies only to the officers named in section 3036(b), which excludes the two officers named. For this reason, the effect of the source statute with respect to those officers is added to section 3037(a), relating to their appointment.
2016—Subsec. (a). Pub. L. 114–328 struck out last two sentences which read as follows: "The Judge Advocate General, while so serving, has the grade of lieutenant general. An officer appointed as Deputy Judge Advocate General who holds a lower regular grade shall be appointed in the regular grade of major general."
2008—Pub. L. 110–181, §543(a)(3)(A), amended section catchline generally, substituting "Deputy" for "Assistant".
Subsec. (a). Pub. L. 110–181, §543(a)(1), (2)(A), substituted "Deputy Judge Advocate General" for "Assistant Judge Advocate General" wherever appearing and substituted "The Judge Advocate General, while so serving, has the grade of lieutenant general." for "The Judge Advocate General, while so serving, shall hold a grade not lower than major general."
Subsec. (d). Pub. L. 110–181, §543(a)(2)(B), substituted "Deputy Judge Advocate General" for "Assistant Judge Advocate General".
2006—Subsec. (a). Pub. L. 109–163, §508(a), substituted "The Judge Advocate General, while so serving, shall hold a grade not lower than major general. An officer appointed as Assistant Judge Advocate General who holds a lower regular grade shall be appointed in the regular grade of major general." for "If an officer who is so appointed holds a lower regular grade, he shall be appointed in the regular grade of major general."
Subsec. (b). Pub. L. 109–163, §1057(a)(2), struck out "or Territory" after "a State".
2004—Subsec. (a). Pub. L. 108–375, §574(a)(1), substituted "The term of office of the Judge Advocate General and the Assistant Judge Advocate General is four years." for "An officer appointed as the Judge Advocate General or Assistant Judge Advocate General normally holds office for four years. However, the President may terminate or extend the appointment at any time."
Subsec. (e). Pub. L. 108–375, §574(a)(2), added subsec. (e).
1994—Subsec. (d). Pub. L. 103–337 added subsec. (d).
1958—Subsec. (a). Pub. L. 85–861 provided that the Judge Advocate General or Assistant Judge Advocate General shall normally hold office for four years, and empowered the President to terminate or extend the appointment at any time.
Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title.
(a) There is in the executive part of the Department of the Army an Office of the Army Reserve which is headed by a chief who is the adviser to the Chief of Staff on Army Reserve matters.
(b)
(2) The Secretary of Defense may not recommend an officer to the President for appointment as Chief of Army Reserve unless the officer—
(A) is recommended by the Secretary of the Army; and
(B) is determined by the Chairman of the Joint Chiefs of Staff, in accordance with criteria and as a result of a process established by the Chairman, to have significant joint duty experience.
(3) An officer on active duty for service as the Chief of Army Reserve shall be counted for purposes of the grade limitations under sections 525 and 526 of this title.
(4) Until December 31, 2006, the Secretary of Defense may waive subparagraph (B) of paragraph (2) with respect to the appointment of an officer as Chief of Army Reserve if the Secretary of the Army requests the waiver and, in the judgment of the Secretary of Defense—
(A) the officer is qualified for service in the position; and
(B) the waiver is necessary for the good of the service.
Any such waiver shall be made on a case-by-case basis.
(c)
(d)
(e)
(f)
(Added Pub. L. 90–168, §2(16), Dec. 1, 1967, 81 Stat. 523, §3019; renumbered §3038 and amended Pub. L. 99–433, title V, §§501(a)(4), 502(g)(1), Oct. 1, 1986, 100 Stat. 1034, 1042; Pub. L. 103–337, div. A, title XVI, §1672(c)(1), Oct. 5, 1994, 108 Stat. 3015; Pub. L. 104–201, div. A, title XII, §1212(a), Sept. 23, 1996, 110 Stat. 2691; Pub. L. 106–65, div. A, title V, §554(b), Oct. 5, 1999, 113 Stat. 617; Pub. L. 106–398, §1 [[div. A], title V, §507(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–102; Pub. L. 107–314, div. A, title V, §501(a), Dec. 2, 2002, 116 Stat. 2529; Pub. L. 108–375, div. A, title V, §536(a), Oct. 28, 2004, 118 Stat. 1901; Pub. L. 114–328, div. A, title V, §502(m), Dec. 23, 2016, 130 Stat. 2103; Pub. L. 115–91, div. A, title X, §1051(a)(28), Dec. 12, 2017, 131 Stat. 1562.)
A prior section 3038, act Aug. 10, 1956, ch. 1041, 70A Stat. 164, charged Chief of Engineers with responsibility for Army construction, real estate acquisition and management, and the operation of water, gas, electric, and sewer utilities, prior to repeal by Pub. L. 89–718, §25(a), Nov. 2, 1966, 80 Stat. 1119.
2017—Subsec. (f). Pub. L. 115–91 struck out par. (1) designation before "The Chief of Army Reserve" and struck out par. (2) which read as follows: "The Secretary of Defense shall transmit the annual report of the Chief of Army Reserve under paragraph (1) to Congress, together with such comments on the report as the Secretary considers appropriate. The report shall be transmitted at the same time each year that the annual report of the Secretary under section 113 of this title is submitted to Congress."
2016—Subsec. (c). Pub. L. 114–328 struck out "; Grade" after "Reappointment" in heading, and in text struck out par. (1) designation before "The Chief of Army Reserve" and struck out par. (2) which read as follows: "The Chief of Army Reserve, while so serving, holds the grade of lieutenant general."
2004—Subsec. (b)(4). Pub. L. 108–375 substituted "December 31, 2006" for "December 31, 2004" in introductory provisions.
2002—Subsec. (b)(4). Pub. L. 107–314 substituted "December 31, 2004" for "October 1, 2003" in introductory provisions.
2000—Subsec. (b). Pub. L. 106–398 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "The President, by and with the advice and consent of the Senate, shall appoint the Chief of Army Reserve from officers of the Army Reserve not on active duty, or on active duty under section 10211 of this title, who—
"(1) have had at least 10 years of commissioned service in the Army Reserve;
"(2) are in grade of brigadier general and above; and
"(3) have been recommended by the Secretary of the Army."
Subsec. (c). Pub. L. 106–398 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "The Chief of Army Reserve holds office for four years but may be removed for cause at any time. He is eligible to succeed himself. If he holds a lower reserve grade, he shall be appointed in the grade of major general for service in the Army Reserve. However, if selected in accordance with section 12505 of this title, he may be appointed in the grade of lieutenant general."
1999—Subsec. (c). Pub. L. 106–65 inserted at end "However, if selected in accordance with section 12505 of this title, he may be appointed in the grade of lieutenant general."
1996—Subsecs. (d) to (f). Pub. L. 104–201 added subsecs. (d) to (f).
1994—Subsec. (b). Pub. L. 103–337 substituted "10211" for "265".
1986—Pub. L. 99–433, §501(a)(4), renumbered section 3019 of this title as this section.
Subsec. (c). Pub. L. 99–433, §502(g)(1), substituted "service" for "services".
Pub. L. 106–65, div. A, title V, §554(g), (h), Oct. 5, 1999, 113 Stat. 617, provided that:
"(g)
"(h)
"(2) For purposes of this subsection:
"(A) The term 'covered position incumbent' means a reserve component officer who on the effective date specified in subsection (g) is serving in a covered position.
"(B) The term 'covered position' means a position specified in section 12505 of title 10, United States Code, as added by subsection (a)."
Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
Section effective on first day of first calendar month following date of enactment of Pub. L. 90–168, which was approved Dec. 1, 1967, see section 7 of Pub. L. 90–168, set out as an Effective Date of 1967 Amendment note under section 138 of this title.
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 165, §3040; Pub. L. 95–485, title VIII, §805(a), Oct. 20, 1978, 92 Stat. 1621; renumbered §3039 and amended Pub. L. 99–433, title V, §502(f)(2), Oct. 1, 1986, 100 Stat. 1042, related to deputy and assistant chiefs of branches.
A prior section 3039, act Aug. 10, 1956, ch. 1041, 70A Stat. 164, related to Inspector General and Provost Marshal General, prior to repeal by Pub. L. 99–433, §502(f)(1). See section 3020 of this title.
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.
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.
2016—Pub. L. 114–328, div. A, title V, §502(p)(3), (r)(3), Dec. 23, 2016, 130 Stat. 2104, substituted "Army Medical Specialist Corps: organization; Chief" for "Army Medical Specialist Corps: organization; Chief and assistant chiefs" in item 3070 and "Chief of Veterinary Corps" for "Chief of Veterinary Corps: grade" in item 3084.
2002—Pub. L. 107–314, div. A, title V, §504(b)(2), Dec. 2, 2002, 116 Stat. 2531, added item 3084.
1997—Pub. L. 105–85, div. A, title V, §596(b), Nov. 18, 1997, 111 Stat. 1766, added item 3083.
1996—Pub. L. 104–201, div. A, title V, §502(c)(1), Sept. 23, 1996, 110 Stat. 2511, substituted "Chief and assistant chief; appointment; grade" for "chief and assistant chief; appointment" in item 3069.
1994—Pub. L. 103–337, div. A, title X, §1070(a)(16), title XVI, §1672(b)(1), Oct. 5, 1994, 108 Stat. 2856, 3015, struck out items 3076 "Army Reserve: composition", 3077 "Army National Guard of United States: composition", 3078 "Army National Guard: when a component of Army", 3079 "Army National Guard of United States: status when not in Federal service", and 3080 "Army National Guard of the United States: authority of officers with respect to Federal status", struck out "3082." before "Army" in item 3082, and then struck out item 3082 "Army National Guard combat readiness reform: annual report".
1993—Pub. L. 103–160, div. A, title V, §521(b), Nov. 30, 1993, 107 Stat. 1655, added item 3082.
1980—Pub. L. 96–513, title V, §502(3), Dec. 12, 1980, 94 Stat. 2909, struck out item 3066 "Generals and lieutenant generals".
1978—Pub. L. 95–485, title VIII, §§805(b)(2), 820(b), Oct. 20, 1978, 92 Stat. 1622, 1627, struck out item 3071 "Women's Army Corps: Director; Deputy Director; other positions" and added item 3081.
1968—Pub. L. 90–329, June 4, 1968, 82 Stat. 170, substituted "Army Medical Department" for "Army Medical Service" in item 3067.
1967—Pub. L. 90–130, §1(8)(D), Nov. 8, 1967, 81 Stat. 375, substituted "composition; chief and assistant chief" for "Chief" in item 3069.
1960—Pub. L. 86–603, §1(2)(B), July 7, 1960, 74 Stat. 357, added item 3080.
1957—Pub. L. 85–155, title I, §101(3), Aug. 21, 1957, 71 Stat. 376, substituted "Army Medical Specialist Corps" for "Women's Medical Specialist Corps" in item 3070.
The President may prescribe regulations for the government of the Army.
(Aug. 10, 1956, ch. 1041, 70A Stat. 165.)
| 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.
(a) It is the intent of Congress to provide an Army that is capable, in conjunction with the other armed forces, of—
(1) preserving the peace and security, and providing for the defense, of the United States, the Commonwealths and possessions, and any areas occupied by the United States;
(2) supporting the national policies;
(3) implementing the national objectives; and
(4) overcoming any nations responsible for aggressive acts that imperil the peace and security of the United States.
(b) In general, the Army, within the Department of the Army, includes land combat and service forces and such aviation and water transport as may be organic therein. It shall be organized, trained, and equipped primarily for prompt and sustained combat incident to operations on land. It is responsible for the preparation of land forces necessary for the effective prosecution of war except as otherwise assigned and, in accordance with integrated joint mobilization plans, for the expansion of the peacetime components of the Army to meet the needs of war.
(c) The Army consists of—
(1) the Regular Army, the Army National Guard of the United States, the Army National Guard while in the service of the United States and the Army Reserve; and
(2) all persons appointed or enlisted in, or conscripted into, the Army without component.
(d) The organized peace establishment of the Army consists of all—
(1) military organizations of the Army with their installations and supporting and auxiliary elements, including combat, training, administrative, and logistic elements; and
(2) members of the Army, including those not assigned to units;
necessary to form the basis for a complete and immediate mobilization for the national defense in the event of a national emergency.
(Aug. 10, 1956, ch. 1041, 70A Stat. 166; Pub. L. 109–163, div. A, title X, §1057(a)(6), Jan. 6, 2006, 119 Stat. 3441.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3062(a) 3062(b) 3062(c) 3062(d) |
10:20. 5:181–1(e). 10:1b. 10:20i. |
July 10, 1950, ch. 454, §2, §101, 64 Stat. 321. July 26, 1947, ch. 343, §205(e), 61 Stat. 501. |
| 50:1021. | June 28, 1950, ch. 383, §301, 64 Stat. 268; July 9, 1952, ch. 608, §807(b), 66 Stat. 508. | |
| July 9, 1952, ch. 608, §301, 66 Stat. 498. |
In subsection (a), 10:20 (1st 19 words) is omitted as surplusage. The word "Commonwealth" is inserted to reflect the present status of Puerto Rico. The words "any areas occupied by the United States" are substituted for the words "occupied areas wherever located".
In subsection (c), the words "consists of" are substituted for the word "includes".
In subsection (c)(1), the words "the Army National Guard while in the service of the United States" are substituted for the words "all persons serving in the Army under call * * * under any provision of law, including members of the National Guard of the several States, Territories, and the District of Columbia when in the service of the United States pursuant to call as provided by law". 10:1b (words between 1st and 3d semicolons) and 50:1021 (last sentence) are omitted, since the components listed include their members.
In subsection (c)(2), the words "or inducted" are omitted as covered by the word "conscripted".
In subsection (d), 10:20i (8th through 38th words) is omitted as surplusage. The words "consists of all" are substituted for the words "shall include all of". The words "members of the Army" are substituted for the word "personnel".
2006—Subsec. (a)(1). Pub. L. 109–163 substituted "Commonwealths and possessions" for "Territories, Commonwealths, and possessions".
(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; Pub. L. 115–91, div. A, title V, §582(a), Dec. 12, 2017, 131 Stat. 1415.)
| 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.
Pub. L. 115–91, div. A, title V, §582, Dec. 12, 2017, 131 Stat. 1415, provided that, effective Oct. 1, 2020, but only if the report required by paragraph (2) of section 582(b) of Pub. L. 115–91, set out below, is not submitted before Sept. 30, 2020, subsection (a) of this section is amended as follows:
(1) in paragraph (12), by striking "and";
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following new paragraph (13):
"(13) Explosive Ordnance Disposal Corps; and".
See 2017 Amendment note and Effective Date and Condition on Execution of 2017 Amendment note below.
2017—Subsec. (a)(13), (14). Pub. L. 115–91 added par. (13) and redesignated former par. (13) as (14).
Pub. L. 115–91, div. A, title V, §582(b), Dec. 12, 2017, 131 Stat. 1415, provided that:
"(1)
"(2)
"(A) The defense budget materials display funding requirements for explosive ordnance disposal separately and a program of record is established and maintained for explosive ordnance disposal.
"(B) A process has been established to ensure that, by not later than five years after the date of the enactment of this Act [Dec. 12, 2017], there is, and will continue to be, at least one general officer in the Army qualified regarding issues involving explosive ordnance disposal to ensure officer professional development and upward mobility.
"(C) The Ordnance Personnel Proponency Office is, and will continue to be, manned with an explosive ordnance disposal officer to oversee explosive ordnance disposal officer and enlisted personnel proponency.
"(D) Explosive ordnance disposal officer education has been included in a basic officer leadership course, a captains career course, and a policy and planning course specific to explosive ordnance disposal as part of intermediate level education and pre-command courses.
"(E) The office of the Army Deputy Chief of Staff, G8, and the office of the Army Deputy Chief of Staff, G3, have, and will continue to be, manned with explosive ordnance disposal officers responsible for the decision management decision packages, ammunition organizational integration, and force modernization related to explosive ordnance disposal.
"(F) The Army has established and maintained explosive ordnance disposal cells at the Army Forces Command, Army Service Component Commands, Army Special Operations Command, Army Training and Doctrine Command, and the Army Capability and Integration Center.
"(3)
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."
(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.)
| 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.
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".
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.
(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.)
| 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).
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.
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.
There is an Army Medical Department in the Army. The Army Medical Department consists of—
(1) the Surgeon General;
(2) the Assistant Surgeons General;
(3) the Medical Corps;
(4) the Dental Corps;
(5) the Veterinary Corps;
(6) the Medical Service Corps;
(7) the Army Nurse Corps; and
(8) the Army Medical Specialist Corps.
(Aug. 10, 1956, ch. 1041, 70A Stat. 168; Pub. L. 85–861, §1(60), Sept. 2, 1958, 72 Stat. 1462; Pub. L. 90–329, June 4, 1968, 82 Stat. 170.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3067 | 10:81–1 (less last sentence). | June 28, 1950, ch. 383, §307 (less last sentence), 64 Stat. 270. |
The words "authorized by sections 21f and 21h, respectively, of this title" are omitted as surplusage. 10:81–1 (2d sentence) is omitted as covered by section 3064 of this title.
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3067(8) | 10 App.:81–1. | Aug. 9, 1955, ch. 654, §3(a), 69 Stat. 579. |
1968—Pub. L. 90–329 substituted "Army Medical Department" for "Army Medical Service".
1958—Pub. L. 85–861 substituted "Army Medical Specialist Corps" for "Women's Medical Specialist Corps" in cl. (8).
Pub. L. 106–398, §1 [[div. A], title VII, §755(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–197, provided that:
"(a)
"(b)
There is a Medical Service Corps in the Army. The Medical Service Corps consists of—
(1) the Chief of the Medical Service Corps, who shall be appointed by the Secretary of the Army from among the officers of the Medical Service Corps whose regular grade is above captain;
(2) the assistant chiefs of the Medical Service Corps, who shall be designated by the Surgeon General from officers in that Corps and who shall be his consultants on activities relating to their sections;
(3) commissioned officers of the Regular Army appointed therein;
(4) other members of the Army assigned thereto by the Secretary of the Army; and
(5) the following sections—
(A) the Administrative Health Services Section;
(B) the Medical Allied Sciences Section;
(C) the Preventive Medicine Sciences Section;
(D) the Clinical Health Sciences Section; and
(E) other sections considered necessary by the Secretary of the Army.
(Added Pub. L. 89–603, §1(1), Sept. 24, 1966, 80 Stat. 846; amended Pub. L. 97–295, §1(37), Oct. 12, 1982, 96 Stat. 1296; Pub. L. 111–383, div. A, title V, §594, Jan. 7, 2011, 124 Stat. 4234.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3068(a) | 10:81–1 (last sentence, less 5th through 14th words). 10:156a (less 2d sentence). |
June 28, 1950, ch. 383, §307 (last sentence, less 5th through 14th words), 64 Stat. 270. |
| 3068(b) 3068(c) |
10:156b. 10:156d. |
Aug. 4, 1947, ch. 459, §§101 (less 2d sentence), 102(a), (b), 61 Stat. 734, 735; Mar. 23, 1954, ch. 103, 68 Stat. 30. |
In subsection (a), 10:156a (1st 20 words) is omitted as superseded by section 3067 of this title, which establishes the Medical Service Corps in the Army Medical Service. 10:156a (last 16 words of 1st sentence) is omitted as superseded by section 3012(e) of this title, which authorizes the Secretary of the Army to prescribe the duties of members of the Army. 10:81–1 (last sentence, less 5th through 14th words) is omitted as surplusage.
In subsection (b), the words "of the Regular Army in that corps whose regular grade is above captain" are substituted for the words "commissioned in the Medical Service Corps, Regular Army, in the permanent grade of major or above". The words "If he holds a lower regular grade" are substituted for the words "if commissioned in permanent grade below colonel". The words "is entitled" are substituted for the words "shall * * * have". The words "ranks above" are substituted for the words "shall be superior in rank".
In subsection (c), the words "is the Surgeon General's consultant" are substituted for the words "who shall be consultants to him".
A prior section 3068, acts Aug. 10, 1956, ch. 1041, 70A Stat. 168; Sept. 7, 1962, Pub. L. 87–649, §6(a)(1), 76 Stat. 494, contained substantially the same provisions as the present section but placed the upper limit for the rank of officers of the Medical Service Corps at colonel, prior to repeal by Pub. L. 89–603.
2011—Par. (5)(A). Pub. L. 111–383, §594(1), substituted "Administrative Health Services" for "Pharmacy, Supply, and Administration".
Par. (5)(C). Pub. L. 111–383, §594(2), substituted "Preventive Medicine Sciences" for "Sanitary Engineering".
Par. (5)(D). Pub. L. 111–383, §594(3), substituted "Clinical Health Sciences" for "Optometry".
1982—Par. (5). Pub. L. 97–295 redesignated cls. (a), (b), (c), (d), and (e) as subpars. (A), (B), (C), (D), and (E), respectively.
(a) The Army Nurse Corps consists of the Chief and assistant chief of that corps and other officers in grades prescribed by the Secretary of the Army.
(b) The Secretary of the Army shall appoint the Chief from the officers of the Regular Army in that corps whose regular grade is above lieutenant colonel and who are recommended by the Surgeon General. The Chief serves during the pleasure of the Secretary, but not for more than four years, and may not be reappointed to the same position.
(c) The Surgeon General shall appoint the assistant chief from the officers of the Regular Army in that corps whose regular grade is above lieutenant colonel. The assistant chief serves during the pleasure of the Surgeon General, but not for more than four years and may not be reappointed to the same position.
(Aug. 10, 1956, ch. 1041, 70A Stat. 168; Pub. L. 85–155, title I, §101(1), Aug. 21, 1957, 71 Stat. 375; Pub. L. 87–649, §6(b)(1), Sept. 7, 1962, 76 Stat. 494; Pub. L. 89–609, §1(1), Sept. 30, 1966, 80 Stat. 852; Pub. L. 90–130, §1(8)(A), Nov. 8, 1967, 81 Stat. 374; Pub. L. 104–201, div. A, title V, §502(a), Sept. 23, 1996, 110 Stat. 2511; Pub. L. 107–314, div. A, title V, §504(a)(1), Dec. 2, 2002, 116 Stat. 2531; Pub. L. 114–328, div. A, title V, §502(o), Dec. 23, 2016, 130 Stat. 2103.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3069 | 10:81–1 (5th through 8th words of last sentence). 10:166(a) (words of last sentence before proviso). 10:166(b). |
June 28, 1950, ch. 383, §307 (5th through 8th words of last sentence), 64 Stat. 270. Apr. 16, 1947, ch. 38 §§101(a) (words of last sentence before proviso), 101(b), 61 Stat. 41. |
The words "officers of the Regular Army in that corps" are substituted for the words "officers permanently commissioned in such Army Nurse Corps". The words "but not for more than" are substituted for the words "for a term not to exceed", in 10:166(a). The words "vacating her regular grade" are substituted for the words "vacation of her permanent grade".
2016—Subsec. (b). Pub. L. 114–328 struck out second sentence which read as follows: "An appointee who holds a lower regular grade shall be appointed in the regular grade of major general."
2002—Subsec. (b). Pub. L. 107–314 substituted "major general" for "brigadier general".
1996—Pub. L. 104–201, §502(a)(3), inserted "; grade" at end of section catchline.
Subsec. (b). Pub. L. 104–201, §502(a)(1), substituted "lieutenant colonel" for "major" in first sentence, inserted "An appointee who holds a lower regular grade shall be appointed in the regular grade of brigadier general." after first sentence, and inserted "to the same position" before period at end of last sentence.
Subsec. (c). Pub. L. 104–201, §502(a)(2), substituted "lieutenant colonel" for "major".
1967—Pub. L. 90–130 divided existing provisions into subsecs. (a), (b), and (c), made minor changes in phraseology, inserted provision for the appointment and service of an assistant chief, struck out limitation restricting membership in the Corps to grades of second lieutenant through colonel, and struck out provision entitling the Chief to the temporary grade of colonel while serving as Chief.
1966—Pub. L. 89–609 combined third and fourth sentences, substituting ", and" for period at end of third sentence and introductory word "She" to fourth sentence, and substituted "the regular grade held, the Chief" for "her regular grade, she" in fifth sentence.
1962—Pub. L. 87–649 struck out provisions which authorized the pay and allowances of a colonel for Chief of the Army Nurse Corps.
1957—Pub. L. 85–155 substituted "second lieutenant through colonel" for "second lieutenant through lieutenant colonel", "major" for "captain", and "entitled to the temporary grade and the pay and allowances of a colonel while so serving and ranks above all other colonels in that corps" for "entitled to the rank, pay and allowances of a colonel so serving".
Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.
Pub. L. 85–155, title I, §105, Aug. 21, 1957, 71 Stat. 381, provided that: "This title [amending this section and sections 3070, 3206, 3207, 3288, 3291, 3296 to 3299, 3304, 3305, 3888, 3915, 3916, 3927, and 3991 of this title] may be cited as the 'Army Nurse and Medical Specialist Act of 1957'."
Pub. L. 85–155, title I, §104, Aug. 21, 1957, 71 Stat. 380, provided that:
"(a) This Act [amending this section and sections 3070, 3206, 3207, 3288, 3291, 3296 to 3299, 3304, 3305, 3888, 3915, 3916, 3927, 3991, 5140, 5444, 5449, 5702, 5707, 5708, 5753, 5762, 5773, 5775, 5776, 5782, 6377 to 6379, 6381, 6388, 6395, 6396, 8206, 8207, 8212, 8285 to 8288, 8297, 8298 to 8301, 8303, 8305, 8888, 8915, 8927 and 8991 of this title, and repealing sections 3881, 3882, 3887, 3912, 3928, 8291, 8304, 8881, 8882, 8887, 8912 and 8928 of this title] does not affect the appointment of an officer of the Army Nurse Corps, Regular Army, or the Army Medical Specialist Corps, Regular Army, on the active list on the effective date of this Act [Aug. 21, 1957].
"(b) This Act does not affect the retired status or retired pay of a person retired under section 108, Army-Navy Nurses Act of 1947, as amended, or any other law.
"(c) An officer of the Army Nurse Corps, Regular Army, or the Army Medical Specialist Corps, Regular Army, on the active list on the effective date of this Act [Aug. 21, 1957] does not lose any years of service creditable to her on that date for promotion, computation of basic pay, or other purposes, by the enactment of this Act.
"(d) Notwithstanding any other provision of law, an officer of the Army Nurse Corps, Regular Army, or the Army Medical Specialist Corps, Regular Army, who is on a recommended list for promotion to a higher regular grade on the effective date of this Act [Aug. 21, 1957] may, if nominated by the President and confirmed by the Senate, be promoted to that grade.
"(e) Notwithstanding any other provision of law, an officer of the Army Nurse Corps, Regular Army, or the Army Medical Specialist Corps, Regular Army, who, on the effective date of this Act [Aug. 21, 1957], has been nominated by the President and confirmed by the Senate for appointment to any regular grade, may be appointed in that grade."
Pub. L. 90–130, §4(a), Nov. 8, 1967, 81 Stat. 383, authorized the Secretary of the Army to suspend the operation of any provision of law relating to the mandatory retirement, discharge, separation, or transfer from an active status of an officer of the Army Nurse Corps, Army Medical Specialist Corps, or Woman's Army Corps for a period of five years following Nov. 8, 1967.
Pub. L. 90–130, §4(f), Nov. 8, 1967, 81 Stat. 384, authorized until July 1, 1972, when the needs of the service required, the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force to convene annually boards of officers to consider officers of the Army Nurse Corps, officers of the Navy Nurse Corps, or Air Force nurses, respectively, who otherwise would be required to be retired or separated under this Act within the calendar or fiscal year in which the board is convened. Upon the recommendation of such a board, the Secretary concerned could defer the separation or retirement of such an officer for a term of not more than five years, unless recommended for further deferment by a subsequent board of officers, and in any case not beyond the month following her attaining age sixty or July 1, 1976, whichever was earlier.
(a) The Army Medical Specialist Corps consists of the Chief of that corps, other officers in grades prescribed by the Secretary of the Army, and the following sections:
(1) The Dietitian Section.
(2) The Physical Therapist Section.
(3) The Occupational Therapist Section.
(4) The Physician Assistant Section.
(5) The Chiropractic Section.
(b) The Secretary of the Army shall appoint the Chief from the officers of the Regular Army in that corps whose regular grade is above captain and who are recommended by the Surgeon General. The Chief serves during the pleasure of the Secretary, but not for more than four years, and may not be reappointed.
(c) Chiropractors who are qualified under regulations prescribed by the Secretary of the Army may be appointed as commissioned officers in the Chiropractic Section of the Army Medical Specialist Corps.
(Aug. 10, 1956, ch. 1041, 70A Stat. 169; Pub. L. 85–155, title I, §101(2), Aug. 21, 1957, 71 Stat. 375; Pub. L. 87–649, §6(b)(2), (3), Sept. 7, 1962, 76 Stat. 494; Pub. L. 89–609, §1(2), (3), Sept. 30, 1966, 80 Stat. 852; Pub. L. 90–130, §1(8)(B), Nov. 8, 1967, 81 Stat. 374; Pub. L. 102–190, div. A, title V, §551(a), Dec. 5, 1991, 105 Stat. 1370; Pub. L. 102–484, div. A, title V, §505(a), Oct. 23, 1992, 106 Stat. 2404; Pub. L. 114–328, div. A, title V, §502(p)(1), (2), Dec. 23, 2016, 130 Stat. 2103.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3070(a) | 10:81–1 (9th through 14th words of last sentence). 10:166a(a) (less 2d sentence; and less last sentence, as applicable to strength). |
June 28, 1950, ch. 383, §307 (9th through 14th words of last sentence), 64 Stat. 270. Apr. 16, 1947, ch. 38, §§102(a) (less 2d sentence; and less last sentence, as applicable to strength), 102(b), 61 Stat. 42. |
| 3070(b) | 10:166a(b). |
In subsection (a), 10:166a(a) (1st 20 words of 1st sentence) is omitted as superseded by section 3067 of this title, which establishes the Women's Medical Specialist Corps in the Army Medical Service. 10:166a(a) (last 16 words of 1st sentence) is omitted as superseded by section 3012(e) of this title, which authorizes the Secretary of the Army to prescribe the duties of members of the Army.
In subsection (b), the words "officers of the Regular Army in that corps" are substituted for the words "officers permanently commissioned in such Women's Medical Specialist Corps". The words "vacating her regular grade" are substituted for the words "vacation of her permanent grade".
2016—Pub. L. 114–328, §502(p)(2), amended section catchline generally, substituting "Army Medical Specialist Corps: organization; Chief" for "Army Medical Specialist Corps: organization; Chief and assistant chiefs".
Subsec. (a). Pub. L. 114–328, §502(p)(1)(A), struck out "and assistant chiefs" after "consists of the Chief" in introductory provisions.
Subsecs. (c), (d). Pub. L. 114–328, §502(p)(1)(B), (C), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: "The Surgeon General shall appoint up to five assistant chiefs from officers of the Regular Army in that corps whose regular grade is above captain. Each assistant chief is the chief of a section of that corps. An assistant chief serves during the pleasure of the Surgeon General, but not for more than four years, and may not be reappointed to the same position."
1992—Subsec. (a)(5). Pub. L. 102–484, §505(a)(1), added par. (5).
Subsec. (c). Pub. L. 102–484, §505(a)(2), substituted "up to five assistant chiefs" for "four assistant chiefs".
Subsec. (d). Pub. L. 102–484, §505(a)(3), added subsec. (d).
1991—Subsec. (a). Pub. L. 102–190, §551(a)(1), (2), substituted "sections:" for "sections—", substituted "The" for "the" and a period for the concluding semicolon in par. (1), substituted "The" for "the" and a period for "; and" in par. (2), substituted "The" for "the" in par. (3), and added par. (4).
Subsec. (c). Pub. L. 102–190, §551(a)(3), substituted "four assistant chiefs" for "three assistant chiefs" in first sentence.
1967—Subsec. (a). Pub. L. 90–130 removed limitation restricting membership in the Corps to officers in grades of second lieutenant through colonel and inserted provisions authorizing the Secretary of the Army to prescribe the grades of officers comprising the Corps.
Subsec. (b). Pub. L. 90–130 struck out provision entitling the Chief to the temporary grade of colonel while serving, ranking above all other colonels in the Corps.
Subsec. (c). Pub. L. 90–130 struck out provisions entitling each assistant chief to the temporary grade of lieutenant colonel while so serving, ranking above all other lieutenant colonels in the section.
1966—Subsec. (b). Pub. L. 89–609, §1(2), combined second and third sentences, substituting ", and" for period at end of second sentence and introductory word "She" to third sentence, and substituted "the regular grade held, the Chief" for "her regular grade, she" in fourth sentence.
Subsec. (c). Pub. L. 89–609, §1(3), combined second and third sentences, substituting ", and" for period at end of second sentence and introductory word "She" to third sentence, substituted "An assistant chief" for "She" in fourth sentence, and in fifth sentence substituted "the regular grade held" and "in the section" for "her regular grade" and "in her section", respectively, and struck out "and the pay and allowances" before "of a lieutenant colonel".
1962—Subsec. (b). Pub. L. 87–649, §6(b)(2), struck out provisions which authorized the pay and allowances of a colonel for Chief of the Army Medical Specialist Corps.
Subsec. (c). Pub. L. 87–649, §6(b)(3), struck out provisions which authorized the pay and allowances of a lieutenant colonel for each assistant chief of the Army Medical Specialist Corps.
1957—Pub. L. 85–155 substituted "Army Medical Specialist Corps" for "Women's Medical Specialist Corps" in section catchline.
Subsec. (a). Pub. L. 85–155 substituted "Army Medical Specialist Corps" for "Women's Medical Specialist Corps" and "colonel" for "major".
Subsec. (b). Pub. L. 85–155 struck out provisions which related to assistant chiefs which are now covered by subsec. (c) of this section, substituted "Army Medical Specialist Corps" for "Women's Medical Specialist Corps", required the chief to be above the regular grade of captain, prohibited service for more than four years and reappointment, and provided that the chief shall rank above all other colonels in the corps.
Subsec. (c). Pub. L. 85–155 added subsec. (c). Former provisions which related to assistant chiefs were contained in subsec. (b) of this section.
Amendment by Pub. L. 87–649 effective on Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.
Pub. L. 102–484, div. A, title V, §505(d), Oct. 23, 1992, 106 Stat. 2404, provided that: "The regulations required to be prescribed by the amendments made by this section [enacting section 5139 of this title and amending this section and section 8067 of this title] shall be prescribed not later than 180 days after the date of the enactment of this Act [Oct. 23, 1992]."
Pub. L. 102–190, div. A, title V, §551(b), Dec. 5, 1991, 105 Stat. 1370, provided that: "Notwithstanding the requirement in subsection (c) of section 3070 of title 10, United States Code, as amended by subsection (a), with respect to the appointment of officers of the Regular Army as chiefs of sections of the Army Medical Specialist Corps, a warrant officer of the Army who is appointed as a reserve commissioned officer and assigned to the Army Medical Specialist Corps for service in the Physician Assistant Section of that Corps during the five-year period beginning on the date of the enactment of this Act [Dec. 5, 1991] may be appointed as an assistant chief of that Corps and chief of the Physician Assistant Section."
Pub. L. 102–190, div. A, title V, §551(c), Dec. 5, 1991, 105 Stat. 1370, provided that: "A member of the Army who on the date of the enactment of this Act [Dec. 5, 1991] is a warrant officer serving on active duty (other than for training) as a physician assistant and who is subsequently appointed as a commissioned officer in, or is assigned to, the Physician Assistant Section of the Army Medical Specialist Corps may elect at the time of the officer's retirement after 20 years or more of active service that could be credited to the officer under section 511 of the Career Compensation Act of 1949, as amended [act Oct. 12, 1949, ch. 681, title V, §511, 63 Stat. 829, as amended, formerly set out as a note under section 580 of this title]—
"(1) to revert to the highest warrant officer grade in which the officer served on active duty (other than for training) satisfactorily (as determined by the Secretary of the Army) for a period of more than 30 days; and
"(2) to be retired under chapter 65 of title 10, United States Code."
Pub. L. 102–190, div. A, title V, §551(d), Dec. 5, 1991, 105 Stat. 1371, provided that:
"(1) For the purpose of determining the grade and rank within grade of a person who is appointed as a commissioned officer in the Army Medical Specialist Corps for service in the Physician Assistant Section, or who is assigned to the Army Medical Specialist Corps for service as a physician assistant, and who on the date of the enactment of this Act [Dec. 5, 1991] is a warrant officer and a physician assistant on active duty or in an active reserve status, the Secretary of the Army shall credit that person at the time of such appointment with any service on active duty, or in an active reserve status, as a physician assistant performed as a member of the Armed Forces before that appointment.
"(2) The Secretary of Defense shall prescribe regulations to carry out this subsection."
Pub. L. 90–130, §4(a), Nov. 8, 1967, 81 Stat. 383, authorized Secretary of the Army to suspend operation of any provision of law relating to mandatory retirement, discharge, separation, or transfer from an active status of an officer of Army Nurse Corps, Army Medical Specialist Corps, or Woman's Army Corps for a period of five years following Nov. 8, 1967.
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 169; Sept. 7, 1962, Pub. L. 87–649, §6(a)(2), (3), 76 Stat. 494; Nov. 8, 1967, Pub. L. 90–130, §1(8)(C), 81 Stat. 374, prescribed composition of Women's Army Corps and provided for a Director, a Deputy Director, and other positions for Women's Army Corps.
There is a Judge Advocate General's Corps in the Army. The Judge Advocate General's Corps consists of—
(1) the Judge Advocate General;
(2) the Assistant Judge Advocate General;
(3) commissioned officers of the Regular Army appointed therein; and
(4) other members of the Army assigned thereto by the Secretary of the Army.
(Aug. 10, 1956, ch. 1041, 70A Stat. 169; Pub. L. 114–328, div. A, title V, §502(q), Dec. 23, 2016, 130 Stat. 2104.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3072 | 10:61–1 (1st sentence, less applicability to strength). | June 28, 1950, ch. 383, §308 (1st sentence, less applicability to strength), 64 Stat. 270. |
The words "authorized by sections 21f and 21h, respectively, of this title" are omitted as surplusage. The word "grade" is substituted for the word "rank". The words "but the Secretary shall not assign to the Judge Advocate General's Corps any officer who has been appointed and commissioned in some other special branch or in the Regular Army without specification of branch" are omitted as covered by section 3064 of this title.
2016—Pars. (3) to (5). Pub. L. 114–328 redesignated pars. (4) and (5) as (3) and (4), respectively, and struck out former par. (3) which read as follows: "three officers in the grade of brigadier general;".
There are chaplains in the Army. The Chaplains include—
(1) the Chief of Chaplains;
(2) commissioned officers of the Regular Army appointed as chaplains; and
(3) other officers of the Army appointed as chaplains in the Army.
(Aug. 10, 1956, ch. 1041, 70A Stat. 170.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3073 | 10:231a. | June 28, 1950, ch. 383, §309, 64 Stat. 270. |
The words "authorized by section 21f of this title", "as now or hereafter provided by law", and "and commissioned * * * or in any component thereof" are omitted as surplusage.
(a) Except as otherwise prescribed by law or by the Secretary of Defense, the Army shall be divided into such commands, forces, and organizations as may be prescribed by the Secretary of the Army.
(b) For Army purposes, the United States, the Commonwealths and possessions, and other places in which the Army is stationed or is operating may be divided into such areas as may be directed by the Secretary. Officers of the Army may be assigned to command Army activities, installations, and personnel in those areas. In the discharge of the Army's functions or other functions authorized by law, officers so assigned have the duties and powers prescribed by the Secretary.
(c) Such part of the Corps of Engineers as the President directs shall be formed into tactical units organized as he prescribes.
(Aug. 10, 1956, ch. 1041, 70A Stat. 170; Pub. L. 99–433, title V, §503, Oct. 1, 1986, 100 Stat. 1042; Pub. L. 109–163, div. A, title X, §1057(a)(6), Jan. 6, 2006, 119 Stat. 3441.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3074(a) 3074(b) 3074(c) |
10:1d. 10:1e. 10:181 (less 1st 39 words). |
June 28, 1950, ch. 383, §§303, 304, 64 Stat. 268. June 3, 1916, ch. 134, §11 (less 1st 41 words); restated June 4, 1920, ch. 227, subch. I, §11 (less 1st 41 words), 41 Stat. 768. |
In subsection (b), the words "have the duties and powers" are substituted for the words "shall perform such duties and exercise such powers". The words "of America", "other provisions", and "so assigned" are omitted as surplusage. The word "Commonwealths" is inserted to reflect the present status of Puerto Rico.
2006—Subsec. (b). Pub. L. 109–163 substituted "Commonwealths and possessions" for "Territories, Commonwealths, and possessions".
1986—Subsec. (a). Pub. L. 99–433 inserted reference to Secretary of Defense.
Pub. L. 101–510, div. A, title IX, §903, Nov. 5, 1990, 104 Stat. 1620, as amended by Pub. L. 102–25, title VII, §704(a)(7), Apr. 6, 1991, 105 Stat. 118; Pub. L. 103–160, div. A, title IX, §941, Nov. 30, 1993, 107 Stat. 1736, related to establishment of United States Army Reserve Command and assignment of forces to Army Reserve Command, prior to repeal by Pub. L. 104–201, div. A, title XII, §1211(b), Sept. 23, 1996, 110 Stat. 2691. See section 10171 of this title.
(a) The Regular Army is the component of the Army that consists of persons whose continuous service on active duty in both peace and war is contemplated by law, and of retired members of the Regular Army.
(b) The Regular Army includes—
(1) the officers and enlisted members of the Regular Army;
(2) the professors, director of admissions, and cadets of the United States Military Academy; and
(3) the retired officers and enlisted members of the Regular Army.
(Aug. 10, 1956, ch. 1041, 70A Stat. 170; Pub. L. 85–600, §1(1), Aug. 6, 1958, 72 Stat. 522; Pub. L. 95–551, §2, Oct. 30, 1978, 92 Stat. 2069; Pub. L. 97–295, §1(39), Oct. 12, 1982, 96 Stat. 1297.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3075(a) 3075(b) |
10:1c(a). 10:1c (less (a)). |
June 28, 1950, ch. 383, §302, 64 Stat. 268. |
In subsection (b), the words "holding appointments or enlisted in the Regular Army as now or hereafter provided by law", "and such other persons as are now or may hereafter be specified by law", and "commissioned * * * warrant officers" are omitted as surplusage, since the revised section lists all persons in the Regular Army. 10:1c (last sentence) is omitted as executed.
1982—Subsec. (b)(2). Pub. L. 97–295 inserted a comma after "professors".
1978—Subsec. (b)(2). Pub. L. 95–551 substituted "director of admissions" for "registrar".
1958—Subsec. (b)(2). Pub. L. 85–600 included the registrar of the Military Academy.
Section 3076, act Aug. 10, 1956, ch. 1041, 70A Stat. 170, related to composition of Army Reserve. See section 10104 of this title.
Section 3077, act Aug. 10, 1956, ch. 1041, 70A Stat. 170, related to composition of Army National Guard of United States. See section 10105 of this title.
Section 3078, act Aug. 10, 1956, ch. 1041, 70A Stat. 171, provided that Army National Guard is a component of Army while in service of United States. See section 10106 of this title.
Section 3079, act Aug. 10, 1956, ch. 1041, 70A Stat. 171, related to status of Army National Guard of United States when not in Federal service. See section 10107 of this title.
Section 3080, added Pub. L. 86–603, §1(2)(A), July 7, 1960, 74 Stat. 357, related to authority of officers of Army National Guard of United States with respect to Federal status. See section 10215 of this title.
Repeal effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
(a) The Chief of the Dental Corps shall be an officer of that corps appointed as prescribed in section 3039 1 of this title.
(b) Under such regulations as the Secretary of the Army may prescribe, all dental functions of the Army shall be under the direction of the Chief of the Dental Corps. All matters relating to dentistry shall be referred to the Chief of the Dental Corps.
(c) The Chief of the Dental Corps shall—
(1) establish professional standards and policies for dental practice;
(2) initiate and recommend action pertaining to organization requirements and utilization of the Dental Corps and dental auxiliary strength, appointments, advancement, training assignments, and transfer of dental personnel; and
(3) serve as the adviser to the Office of the Surgeon General on all matters relating directly to dentistry.
(d) Under such regulations as the Secretary of the Army may prescribe, dental and dental auxiliary personnel throughout the Army shall be organized into units commanded by a designated Dental Corps Officer. Such officer will be directly responsible to the commander of installations, organizations, and activities for all professional and technical matters and such administrative matters as may be prescribed by regulation.
(Added Pub. L. 95–485, title VIII, §805(b)(1), Oct. 20, 1978, 92 Stat. 1621; amended Pub. L. 99–433, title V, §502(f)(3), Oct. 1, 1986, 100 Stat. 1042.)
Section 3039 of this title, referred to in subsec. (a), was repealed by Pub. L. 114–328, div. A, title V, §502(n)(1), Dec. 23, 2016, 130 Stat. 2103.
1986—Subsec. (a). Pub. L. 99–433 substituted "section 3039" for "section 3040".
1 See References in Text note below.
There is a career field in the Army known as the Public Affairs Specialty. Members of the Army with the Public Affairs Specialty are—
(1) the Chief of Public Affairs;
(2) commissioned officers of the Army in the grade of major or above who are selected and specifically educated, trained, and experienced to perform as professional public affairs officers for the remainder of their careers; and
(3) other members of the Army assigned to public affairs positions by the Secretary of the Army.
(Added Pub. L. 105–85, div. A, title V, §596(a), Nov. 18, 1997, 111 Stat. 1765.)
The Chief of the Veterinary Corps of the Army shall be appointed from among officers of the Veterinary Corps.
(Added Pub. L. 107–314, div. A, title V, §504(b)(1), Dec. 2, 2002, 116 Stat. 2531; amended Pub. L. 108–136, div. A, title V, §502(a), Nov. 24, 2003, 117 Stat. 1456; Pub. L. 109–163, div. A, title X, §1056(c)(11), Jan. 6, 2006, 119 Stat. 3440; Pub. L. 114–328, div. A, title V, §502(r)(1), (2), Dec. 23, 2016, 130 Stat. 2104; Pub. L. 115–91, div. A, title V, §506(b), Dec. 12, 2017, 131 Stat. 1374.)
2017—Pub. L. 115–91 struck out at end "An officer appointed to that position who holds a lower grade shall be appointed in the grade of brigadier general."
2016—Pub. L. 114–328 amended section catchline generally, substituting "Chief of Veterinary Corps" for "Chief of Veterinary Corps: grade", and struck out second sentence of text which read as follows: "The Chief of the Veterinary Corps serves in the grade of brigadier general."
2006—Pub. L. 109–163 substituted colon for semicolon in section catchline.
2003—Pub. L. 108–136 inserted "shall be appointed from among officers of the Veterinary Corps. The Chief of the Veterinary Corps" after "Army".
Pub. L. 108–136, div. A, title V, §502(b), Nov. 24, 2003, 117 Stat. 1456, provided that: "The amendment made by subsection (a) [amending this section] shall apply to appointments of the Chief of the Veterinary Corps of the Army that are made on or after the date of the enactment of this Act [Nov. 24, 2003]."