PART I—ORGANIZATION
Editorial Notes
Amendments
2018—
1987—
1980—
CHAPTER 701 —DEFINITIONS
Editorial Notes
Amendments
2018—
§7001. Definitions
In this title, the term "Army" means the Army or Armies referred to in the Constitution of the United States, less that part established by law as the Air Force.
(Aug. 10, 1956, ch. 1041,
| 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), |
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.
Editorial Notes
Amendments
2018—
1987—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Deeming Rule for References to Provisions of Title 10 Redesignated by Pub. L. 115–232
CHAPTER 703 —DEPARTMENT OF THE ARMY
Editorial Notes
Amendments
2018—
2006—
2002—
1988—
1986—
1967—
1964—
1962—
1958—
§7011. Organization
The Department of the Army is separately organized under the Secretary of the Army. It operates under the authority, direction, and control of the Secretary of Defense.
(Added
| 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, |
The word "operates" is substituted for the words "shall function".
Editorial Notes
Amendments
2018—
1986—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§7012. Department of the Army: seal
The Secretary of the Army shall have a seal for the Department of the Army. The design of the seal must be approved by the President. Judicial notice shall be taken of the seal.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3011 | 5:181–1(d). | July 26, 1947, ch. 343, §205(d), |
The words "of office" are omitted as surplusage.
Editorial Notes
Amendments
2018—
1986—
Effective Date of 2018 Amendment
Amendment by
§7013. Secretary of the Army
(a)(1) There is a Secretary of the Army, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Secretary 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 seven 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
(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
Editorial Notes
Amendments
2021—Subsec. (a)(2).
2018—
2016—Subsec. (a)(1).
2003—Subsec. (c)(4).
1986—Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by
Effective Date of 2018 Amendment
Amendment by
Strategy for Army Tactical Wheeled Vehicle Program
"(a)
"(b)
"(1) align with the applicable national defense strategy under
"(2) be designed so that the force of tactical wheeled vehicles provided under the strategy supports the national security strategy of the United States as set forth in the most recent national security strategy report of the President under section 108 of the National Security Act of 1947 (
"(3) define capabilities and capacity requirements across the entire fleet of tactical wheeled vehicles, including—
"(A) light, medium, and heavy tactical wheeled vehicles; and
"(B) associated trailer and support equipment.
"(c)
"(1) A detailed program for the construction of light, medium, and heavy tactical wheeled vehicles for the Army over the period of five fiscal years following the date of the strategy.
"(2) A description of the necessary force structure and capabilities of tactical wheeled vehicles to meet the requirements of the national security strategy described in subsection (b)(2).
"(3) The estimated levels of annual funding, by vehicle class, in both graphical and tabular form, necessary to carry out the program described in paragraph (1), together with a discussion of the procurement strategies on which such estimated levels of annual funding are based.
"(4) The estimated total cost of construction for each vehicle class used to determine the estimated levels of annual funding described in paragraph (3).
"(d)
"(1) Objectives relating to protection, fleet operations, mission command, mobility, and the industrial base.
"(2) Technological advances that are expected to increase efficiency of and reduce demand for tactical wheeled vehicles.
"(3) Technological advances that allow for the operation of tactical wheeled vehicles in a variety of climate and geographic conditions.
"(4) Existing commercial technologies such as vehicle electrification, autonomous capabilities, and predictive maintenance, among others.
"(5) The capabilities of autonomous equivalents to tactical wheeled vehicles.
"(e)
Increased Fitness Standards for Army Close Combat Force Military Occupational Specialties
"(a)
"(1) 11A.
"(2) 11B.
"(3) 11C.
"(4) 11Z.
"(5) 12A.
"(6) 12B.
"(7) 13A.
"(8) 13F.
"(9) 18A.
"(10) 18B.
"(11) 18C.
"(12) 18D.
"(13) 18E.
"(14) 18F.
"(15) 18Z.
"(16) 19A.
"(17) 19C.
"(18) 19D.
"(19) 19K.
"(20) 19Z.
"(b)
Pilot Programs for Tactical Vehicle Safety Data Collection
"(a)
"(b)
"(c)
"(1) select not fewer than one military installation in the United States under the jurisdiction of the Secretary that contains the necessary forces, equipment, and maneuver training ranges to collect data on drivers and military tactical vehicles during training and routine operation at which to carry out the pilot program;
"(2) install data recorders on a sufficient number of each type of military tactical vehicle specified in subsection (d) to gain statistically significant results;
"(3) select a data recorder capable of collecting and exporting telemetry data, event data, and driver identification data during operation and accidents;
"(4) establish and maintain a data repository for operation and event data captured by the data recorder; and
"(5) establish processes to leverage operation and event data to improve individual vehicle operator performance, identify installation hazards that threaten safe vehicle operation, and identify vehicle-type specific operating conditions that increase the risk of accidents or mishaps.
"(d)
"(1) High Mobility Multipurpose Wheeled Vehicles.
"(2) Family of Medium Tactical Vehicles.
"(3) Medium Tactical Vehicle Replacements.
"(4) Heavy Expanded Mobility Tactical Trucks.
"(5) Light Armored Vehicles.
"(6) Stryker armored combat vehicles.
"(7) Such other military tactical vehicles as the Secretary of the Army or the Secretary of the Navy considers appropriate.
"(e)
"(f)
"(1) develop plans for implementing the pilot programs under this section; and
"(2) provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on those plans and the estimated cost of implementing those plans.
"(g)
"(1) insights and findings regarding the utility of using data recorders to monitor, assess, and improve readiness and the safe operation of military tactical vehicles;
"(2) adjustments made, or to be made, to the implementation plans developed under subsection (f); and
"(3) any other matters determined appropriate by the Secretaries.
"(h)
"(1) insights and findings regarding the utility of using data recorders to monitor, assess, and improve readiness and the safe operation of military tactical vehicles;
"(2) an assessment of the utility of establishing an enduring program to use data recorders to monitor, assess, and improve readiness and the safe operation of military tactical vehicles;
"(3) an assessment of the scope, size, and estimated cost of such an enduring program; and
"(4) such other matters as the Secretary of the Army and the Secretary of the Navy determine appropriate."
Gender-Neutral Fitness Physical Readiness Standards for Military Occupational Specialties of the Army
"(1) establish gender-neutral physical readiness standards that ensure soldiers can perform the duties of their respective military occupational specialties; and
"(2) provide to the Committees on Armed Services of the Senate and House of Representatives a briefing describing the methodology used to determine the standards established under paragraph (1)."
Access to Tour of Duty System
"(a)
"(1)
"(2)
"(b)
Pilot Program on Use of Retired Senior Enlisted Members of the Army National Guard as Army National Guard Recruiters
Restructuring of the Distributed Common Ground System of the Army
"(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)
Consolidation of Army Marketing and Pilot Program on Consolidated Army Recruiting
"(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)
Global Cultural Knowledge Network
"(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."
Pilot Program for the Human Terrain System
Expansion of First Sergeants Barracks Initiative
"(a)
"(b)
Selection of Military Installations To Serve as Locations of Brigade Combat Teams
Army Training Strategy for Brigade-Based Combat Teams and Functional Supporting Brigades
"(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
"(D) A schedule for the implementation of the training strategy.
"(c)
"(1)
"(2)
Army Transformation to Brigade Structure
Demonstration Project for Use of Army Installations To Provide Prerelease Employment Training to Nonviolent Offenders in State Penal Systems
"(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)
Executive Documents
Order of Succession
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
§7014. Office of the Secretary of the Army
(a) There is in the Department of the Army an Office of the Secretary of the Army. The function of the Office is to assist the Secretary of the Army in carrying out his responsibilities.
(b) The Office of the Secretary of the Army is composed of the following:
(1) The Under Secretary of the Army.
(2) The Assistant Secretaries of the Army.
(3) The Administrative Assistant to the Secretary of the Army.
(4) The General Counsel of the Department of the Army.
(5) The Inspector General of the Army.
(6) The Chief of Legislative Liaison.
(7) The Army Reserve Forces Policy Committee.
(8) Such other offices and officials as may be established by law or as the Secretary of the Army may establish or designate.
(c)(1) The Office of the Secretary of the Army shall have sole responsibility within the Office of the Secretary and the Army Staff for the following functions:
(A) Acquisition.
(B) Auditing.
(C) Comptroller (including financial management).
(D) Information management.
(E) Inspector General.
(F) Legislative affairs.
(G) Public affairs.
(2) The Secretary of the Army shall establish or designate a single office or other entity within the Office of the Secretary of the Army to conduct each function specified in paragraph (1). No office or other entity may be established or designated within the Army Staff to conduct any of the functions specified in paragraph (1).
(3) The Secretary shall prescribe the relationship of each office or other entity established or designated under paragraph (2) to the Chief of Staff and to the Army Staff and shall ensure that each such office or entity provides the Chief of Staff such staff support as the Chief of Staff considers necessary to perform his duties and responsibilities.
(4) The vesting in the Office of the Secretary of the Army of the responsibility for the conduct of a function specified in paragraph (1) does not preclude other elements of the executive part of the Department of the Army (including the Army Staff) from providing advice or assistance to the Chief of Staff or otherwise participating in that function within the executive part of the Department under the direction of the office assigned responsibility for that function in the Office of the Secretary of the Army.
(5) The head of the office or other entity established or designated by the Secretary to conduct the auditing function shall have at least five years of professional experience in accounting or auditing. The position shall be considered to be a career reserved position as defined in
(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 3,250.
(2) Not more than 1,900 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
Editorial Notes
Amendments
2019—Subsec. (f)(1).
Subsec. (f)(2).
2018—
2016—Subsec. (f)(4).
Subsec. (f)(5).
2002—Subsec. (b)(6) to (8).
2001—Subsec. (f)(3).
1989—Subsec. (f)(5).
1988—Subsec. (c)(5).
1987—Subsec. (f)(4).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 1988 Amendment
Requirements of subsec. (c)(5) of this section applicable with respect to any person appointed on or after Sept. 29, 1988, as head of office or other entity designated for conducting auditing function in a military department, see section 325(d)(1) of
Effective Date
Exceptions and Adjustments to Limitations on Personnel
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
§7015. Under Secretary of the Army
(a) There is an Under Secretary of the Army, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(b) The Under Secretary shall perform such duties and exercise such powers as the Secretary of the Army may prescribe.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2018—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Executive Documents
Order of Succession
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
§7016. Assistant Secretaries of the Army
(a) There are five Assistant Secretaries of the Army. They shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.
(b)(1) The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of the Army may prescribe.
(2) One of the Assistant Secretaries shall be the Assistant Secretary of the Army for Manpower and Reserve Affairs. He shall have as his principal duty the overall supervision of manpower and reserve component affairs of the Department of the Army.
(3) One of the Assistant Secretaries shall be the Assistant Secretary of the Army for Civil Works. He shall have as his principal duty the overall supervision of the functions of the Department of the Army relating to programs for conservation and development of the national water resources, including flood control, navigation, shore protection, and related purposes.
(4)(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, Logistics, and Technology. 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
(6)(A) One of the Assistant Secretaries shall be the Assistant Secretary for Energy, Installations, and Environment.
(B) The principal duty of the Assistant Secretary for Energy, Installations, and Environment shall be the overall supervision of energy, installation, and environment matters for the Department of the Army.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2019—Subsec. (b)(5)(A).
Subsec. (b)(5)(B).
Subsec. (b)(6).
2018—
2017—Subsec. (b)(4).
Subsec. (b)(5)(B).
2016—Subsec. (b)(5)(B).
2008—Subsec. (b)(5).
1988—Subsec. (b)(4).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 2017 Amendment
Effective Date of 1988 Amendment
§7017. Secretary of the Army: successors to duties
If the Secretary of the Army dies, resigns, is removed from office, is absent, or is disabled, the person who is highest on the following list, and who is not absent or disabled, shall perform the duties of the Secretary until the President, under section 3347 1 of title 5, directs another person to perform those duties or until the absence or disability ceases:
(1) The Under Secretary of the Army.
(2) The Assistant Secretaries of the Army, in the order prescribed by the Secretary of the Army and approved by the Secretary of Defense.
(3) The General Counsel of the Department of the Army.
(4) The Chief of Staff.
(Aug. 10, 1956, ch. 1041,
| 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)), |
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
Editorial Notes
References in Text
Amendments
2018—
1994—Pars. (3), (4).
1986—
1968—Subsec. (b).
1966—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Executive Documents
Order of Succession
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
1 See References in Text note below.
§7018. Administrative Assistant
(a) There is an Administrative Assistant in the Department of the Army. The Administrative Assistant shall be appointed by the Secretary of the Army and shall perform duties that the Secretary considers appropriate.
(b) During a vacancy in the office of Secretary, the Administrative Assistant has charge and custody of all records, books, and papers of the Department of the Army.
(c) The Secretary may authorize the Administrative Assistant to sign, during the temporary absence of the Secretary, any paper requiring his signature. In such a case, the Administrative Assistant's signature has the same effect as the Secretary's signature.
(Aug. 10, 1956, ch. 1041,
| 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.), |
| Mar. 4, 1874, ch. 44, |
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).
Editorial Notes
Amendments
2018—
1986—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§7019. General Counsel
(a) There is a General Counsel of the Department of the Army, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(b) The General Counsel shall perform such functions as the Secretary of the Army may prescribe.
(Added
Editorial Notes
Amendments
2018—
1988—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 1988 Amendment
§7020. Inspector General
(a) There is an Inspector General of the Army who shall be detailed to such position by the Secretary of the Army from the general officers of the Army. An officer may not be detailed to such position for a tour of duty of more than four years, except that the Secretary may extend such a tour of duty if he makes a special finding that the extension is necessary in the public interest.
(b) When directed by the Secretary or the Chief of Staff, the Inspector General shall—
(1) inquire into and report upon the discipline, efficiency, and economy of the Army; and
(2) perform any other duties prescribed by the Secretary or the Chief of Staff.
(c) The Inspector General shall periodically propose programs of inspections to the Secretary of the Army and shall recommend additional inspections and investigations as may appear appropriate.
(d) The Inspector General shall cooperate fully with the Inspector General of the Department of Defense in connection with the performance of any duty or function by the Inspector General of the Department of Defense under
(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
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2022—Subsec. (d).
2018—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§7021. Army Reserve Forces Policy Committee
There is in the Office of the Secretary of the Army an Army Reserve Forces Policy Committee. The functions, membership, and organization of that committee are set forth in
(Added
Editorial Notes
Amendments
2018—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date
Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of
§7022. Financial management
(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
(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
(B) the internal control standards established by the Comptroller General under
(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
Editorial Notes
Amendments
2018—
1996—Subsec. (a)(1).
1994—Subsec. (a)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date
Section effective Jan. 20, 1989, see section 702(e)(1) of
§7023. Chief of Legislative Liaison
(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
(Added
Editorial Notes
Amendments
2018—
Subsec. (b).
2016—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§7024. Director of Small Business Programs
(a)
(b)
(c)
(2) Section 15(k) of the Small Business Act (
(Added
Editorial Notes
Amendments
2018—
Statutory Notes and Related Subsidiaries
Change of Name
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
Effective Date of 2018 Amendment
Amendment by
CHAPTER 705 —THE ARMY STAFF
Editorial Notes
Amendments
2018—
2016—
2008—
1994—
1986—
1980—
1966—
§7031. The Army Staff: function; composition
(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,
| 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, |
| 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".
Editorial Notes
Amendments
2018—
1986—
1984—Subsec. (d).
1975—Subsec. (c).
1974—Subsec. (a)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 1984 Amendment
§7032. The Army Staff: general duties
(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
(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,
| 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, |
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.
Editorial Notes
Amendments
2018—
Subsec. (b)(1).
1986—
Subsec. (a).
Subsec. (b).
1958—Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§7033. Chief of Staff
(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
(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
(5) perform the duties prescribed for him by
(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
(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,
| 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, |
| 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.), |
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
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
1962 Act
The changes correct references to section 202(j) of the National Security Act of 1947, which is now set out as
Editorial Notes
References in Text
Amendments
2021—Subsec. (d)(5).
2018—
Subsec. (c).
2015—Subsec. (d)(5).
1988—Subsec. (a)(2)(B).
1986—
"(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
"(5) perform the duties described for him by
"(6) perform such other military duties, not otherwise assigned by law, as are assigned to him by the President."
1981—Subsec. (b).
1980—Subsec. (b).
1967—Subsec. (a).
1962—Subsec. (d)(4).
1958—Subsec. (d)(4).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by
Amendment by
Effective Date of 2018 Amendment
Amendment by
Effective Date of 1981 Amendment
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1967 Amendment
1 See References in Text note below.
§7034. Vice Chief of Staff
(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,
| 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, |
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.
Editorial Notes
Amendments
2018—
1986—
Subsecs. (a), (b).
"(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).
1958—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§7035. Deputy Chiefs of Staff and Assistant Chiefs of Staff
(a) The Deputy Chiefs of Staff and the Assistant Chiefs of Staff shall be general officers detailed to those positions.
(b) The Secretary of the Army shall prescribe the number of Deputy Chiefs of Staff and Assistant Chiefs of Staff, for a total of not more than eight positions.
(Added
Editorial Notes
Amendments
2018—
2008—Subsec. (b).
"(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."
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§7036. Chiefs of branches: appointment; duties
(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
(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 1 of this title.
(Aug. 10, 1956, ch. 1041,
| 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, June 3, 1916, ch. 134, §11 (1st 17 words); restated June 4, 1920, ch. 227, subch. I, §11 (1st 17 words), |
| 3036(e) | 10:559g(b). | Aug. 7, 1947, ch. 512, §513(a) (less 5th sentence), (b), |
In subsection (b), all references to the appointment of assistant chiefs are omitted as covered by
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
| 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, |
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.
Editorial Notes
References in Text
Amendments
2018—
Subsec. (b).
2016—Subsec. (b).
Subsecs. (d) to (g).
1996—Subsec. (b).
Subsec. (d)(3).
1992—Subsec. (d)(3).
1987—Subsec. (d).
"(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).
"(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).
1966—Subsec. (a).
1965—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Workforce Planning
"(a)
"(1) to foster, enhance, and support science, technology, engineering, and math education and awareness; and
"(2) to recruit individuals for careers at the Corps of Engineers.
"(b)
"(1) public elementary and secondary schools, including charter schools;
"(2) community colleges;
"(3) technical schools; and
"(4) colleges and universities, including historically Black colleges and universities.
"(c)
"(d)
"(e)
Veterans' Curation Program
"SECTION 1. FINDINGS.
"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.
"SEC. 2. TRAINING AND EMPLOYMENT FOR VETERANS AND MEMBERS OF ARMED FORCES IN CURATION AND HISTORIC PRESERVATION.
"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."
Corps of Engineers; Annual Budget Submission
Chief of Engineers; Fiscal Transparency Report
"(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 (
"(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 (
"(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
Department of Defense Reorganization Order
January 10, 1962
reorganization of the department of the army
By virtue of the authority vested in me by section 202(c) of the National Security Act of 1947, as amended (
(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.
1 See References in Text note below.
§7037. Judge Advocate General, Deputy Judge Advocate General, and general officers of Judge Advocate General's Corps: appointment; duties
(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
(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,
| 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), |
| R.S. 1199. | ||
| June 23, 1874, ch. 458, §2, |
||
| 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
1958 Act
The change corrects an inadvertence. The source statute for
Editorial Notes
Amendments
2018—
2016—Subsec. (a).
2008—
Subsec. (a).
Subsec. (d).
2006—Subsec. (a).
Subsec. (b).
2004—Subsec. (a).
Subsec. (e).
1994—Subsec. (d).
1958—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 1958 Amendment
Amendment by
§7038. Office of Army Reserve: appointment of Chief
(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
(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
Editorial Notes
Prior Provisions
Prior sections 7041 to 7046 were renumbered
A prior section 7047 was renumbered
Another prior section 7047 was renumbered
Prior sections 7048 to 7050 were renumbered
Amendments
2018—
2017—Subsec. (f).
2016—Subsec. (c).
2004—Subsec. (b)(4).
2002—Subsec. (b)(4).
2000—Subsec. (b).
"(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).
1999—Subsec. (c).
1996—Subsecs. (d) to (f).
1994—Subsec. (b).
1986—
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 1999 Amendment; Applicability to Incumbents
"(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
Effective Date of 1994 Amendment
Amendment by
Effective Date
Section effective on first day of first calendar month following date of enactment of
CHAPTER 707 —THE ARMY
Editorial Notes
Amendments
2018—
2016—
2002—
1997—
1996—
1994—
1993—
1980—
1978—
1968—
1967—
1960—
1957—
§7061. Regulations
The President may prescribe regulations for the government of the Army.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3061 | 10:16. | July 15, 1870, ch. 294, §20, |
The word "prescribe" is substituted for the words "make and publish". 10:16 (last 35 words) is omitted as surplusage.
Editorial Notes
Amendments
2018—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§7062. Policy; composition; organized peace establishment
(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,
| 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, |
| 50:1021. | June 28, 1950, ch. 383, §301, |
|
| July 9, 1952, ch. 608, §301, |
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".
Editorial Notes
Amendments
2018—
2006—Subsec. (a)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§7063. Basic branches
(a) The Secretary of the Army may assign members of the Army to its basic branches. The basic branches are—
(1) Infantry;
(2) Armor;
(3) Artillery;
(4) Corps of Engineers;
(5) Signal Corps;
(6) Adjutant General's Corps;
(7) Quartermaster Corps;
(8) Finance Corps;
(9) Ordnance Corps;
(10) Chemical Corps;
(11) Transportation Corps;
(12) Military Police Corps; and
(13) such other basic branches as the Secretary considers necessary.
(b) The Secretary may discontinue or consolidate basic branches of the Army for the duration of any war, or of any national emergency declared by Congress.
(c) The Secretary may not assign to a basic branch any commissioned officer appointed in a special branch.
(Aug. 10, 1956, ch. 1041,
| 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), |
| 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.
Editorial Notes
Amendments
2018—
2017—Subsec. (a)(13), (14).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date and Condition on Execution of 2017 Amendment
"(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, the explosive ordnance disposal commandant (chief of explosive ordnance disposal), 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.
"(G) The explosive ordnance disposal commandant (chief of explosive ordnance disposal) has determined whether explosive ordnance disposal soldiers have the appropriate skills necessary to support missions of special operations forces (as identified in
"(3)
[The report required by section 582(b)(2) of
Philippine Scouts
Act Aug. 10, 1956, ch. 1041, §42,
§7064. Special branches
(a) The special branches of the Army consist of commissioned officers of the Regular Army appointed therein, other members of the Army assigned thereto by the Secretary of the Army, and the sections prescribed in this chapter. The special branches are—
(1) each corps of the Army Medical Department;
(2) the Judge Advocate General's Corps;
(3) the Chaplains; and
(4) such other special branches as may be established by the Secretary of the Army under subsection (b).
(b) The Secretary of the Army may establish special branches for the Army and may assign commissioned officers (other than officers of the Regular Army) and members to such branches.
(c) Commissioned officers of the Regular Army may be appointed in a special branch, but the Secretary may not assign any officer of the Regular Army to a special branch.
(Aug. 10, 1956, ch. 1041,
| 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), |
| 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
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.
Editorial Notes
Amendments
2018—
1981—Subsec. (b).
Subsec. (c).
1980—Subsec. (a)(4).
Subsecs. (b), (c).
1968—Subsec. (a)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
§7065. Assignment and detail: officers assigned or detailed to basic and special branches
(a) Commissioned officers of the Army may be detailed as general staff officers and as inspectors general.
(b) Members of the Army may be detailed to duty in particular fields specified by the Secretary, including intelligence, counter-intelligence, and military government.
(c) Members of the Army appointed in or assigned to one branch may be detailed for duty with any other branch.
(d) Members of the Army while not on active duty may be assigned to any basic or special branch, or to such other branches or groups, and to such organizations, as the Secretary considers appropriate.
(e) No officer of the Army may be assigned to perform technical, scientific, or other professional duties unless he is qualified to perform those duties and meets professional qualifications at least as strict as those in effect on June 28, 1950. If the duties to which an officer is assigned involve professional work that is the same as or is similar to that usually performed in civil life by a member of a learned profession, such as engineering, law, medicine, or theology, the officer must have the qualifications, by education, training, or experience, equal to or similar to those usually required of members of that profession, unless the exigencies of the situation prevent.
(Aug. 10, 1956, ch. 1041,
| 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), |
| 3065(d) | 10:1g(e). | |
| 3065(e) | 10:1g(f). | |
| [Uncodified: June 28, 1950, ch. 383, §404(e), |
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),
Editorial Notes
Amendments
2018—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§7067. Army Medical Department
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,
| 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), |
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
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3067(8) | 10 App.:81–1. | Aug. 9, 1955, ch. 654, §3(a), |
Editorial Notes
Amendments
2018—
1968—
1958—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Augmentation of Army Medical Department by Detailing Reserve Officers of Public Health Service
"(a)
"(b)
§7068. Medical Service Corps: organization; Chief and assistant chiefs
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
| 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), |
| 3068(b) 3068(c) |
10:156b. 10:156d. |
Aug. 4, 1947, ch. 459, §§101 (less 2d sentence), 102(a), (b), |
In subsection (a), 10:156a (1st 20 words) is omitted as superseded by
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".
Editorial Notes
Amendments
2018—
2011—Par. (5)(A).
Par. (5)(C).
Par. (5)(D).
1982—Par. (5).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§7069. Army Nurse Corps: composition; Chief and assistant chief; appointment; grade
(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,
| 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), Apr. 16, 1947, ch. 38 §§101(a) (words of last sentence before proviso), 101(b), |
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".
Editorial Notes
Amendments
2018—
2016—Subsec. (b).
2002—Subsec. (b).
1996—
Subsec. (b).
Subsec. (c).
1967—
1966—
1962—
1957—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 1962 Amendment
Amendment by
Short Title
Savings Provision
"(a) This Act [amending this section and
"(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."
§7070. Army Medical Specialist Corps: organization; Chief
(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,
| 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), Apr. 16, 1947, ch. 38, §§102(a) (less 2d sentence; and less last sentence, as applicable to strength), 102(b), |
| 3070(b) | 10:166a(b). |
In subsection (a), 10:166a(a) (1st 20 words of 1st sentence) is omitted as superseded by
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".
Editorial Notes
Amendments
2018—
2016—
Subsec. (a).
Subsecs. (c), (d).
1992—Subsec. (a)(5).
Subsec. (c).
Subsec. (d).
1991—Subsec. (a).
Subsec. (c).
1967—Subsec. (a).
Subsec. (b).
Subsec. (c).
1966—Subsec. (b).
Subsec. (c).
1962—Subsec. (b).
Subsec. (c).
1957—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 1962 Amendment
Amendment by
Regulations
Retirement of Officers Serving in Physician Assistant Section
"(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
Constructive Credit for Determination of Grade and Rank of Officers in Army Medical Specialist Corps
"(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."
§7072. Judge Advocate General's 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,
| 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), |
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
Editorial Notes
Amendments
2018—
2016—Pars. (3) to (5).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§7073. Chaplains
(a) 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.
(b) The Chief of Chaplains, while so serving, holds the grade of major general.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3073 | 10:231a. | June 28, 1950, ch. 383, §309, |
The words "authorized by
Editorial Notes
Amendments
2018—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§7074. Commands: territorial organization; engineer tactical units
(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,
| 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, June 3, 1916, ch. 134, §11 (less 1st 41 words); restated June 4, 1920, ch. 227, subch. I, §11 (less 1st 41 words), |
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.
Editorial Notes
Amendments
2018—
2006—Subsec. (b).
1986—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§7075. Regular Army: composition
(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,
| 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, |
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.
Editorial Notes
Amendments
2018—
1982—Subsec. (b)(2).
1978—Subsec. (b)(2).
1958—Subsec. (b)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§7081. Dental Corps: Chief, functions
(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 commissioned officer of the Army Medical Department. 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
Editorial Notes
References in Text
Prior Provisions
A prior section 7081 was renumbered
Amendments
2019—Subsec. (d).
2018—
1986—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
1 See References in Text note below.
[§7082. Renumbered §8582]
§7083. Public Affairs Specialty
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
Editorial Notes
Prior Provisions
A prior section 7083 was renumbered
Amendments
2018—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§7084. Chief of Veterinary Corps
The Chief of the Veterinary Corps of the Army shall be appointed from among officers of the Veterinary Corps.
(Added
Editorial Notes
Prior Provisions
Prior sections 7084 to 7088 were renumbered
Amendments
2018—
2017—
2016—
2006—
2003—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by