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10 U.S.C. § 7017 — Secretary of the Army: successors to duties
Federal law — U.S. Code and appendices · legal_authorities
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 11 See References in Text note below. 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.
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Source file: Laws/federal/codes/united-states-code/title-10/section-7017-secretary-of-the-army-successors-to-duties--47faa5a9d5.md
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Source location: Title 10, Chapter 703, § 7017; chapter-703-department-of-the-army.md
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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 11 See References in Text note below. 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** If an officer of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—
(1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;
(2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or
(3) notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if—
(A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and
(B) the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.
**(b)**
(1) Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if—
(A) during the 365-day period preceding the date of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3345
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Sections 3345 and 3346 are the exclusive means for temporarily authorizing an acting official to perform the functions and duties of any office of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) for which appointment is required to be made by the President, by and with the advice and consent of the Senate, unless—
(1) a statutory provision expressly—
(A) authorizes the President, a court, or the head of an Executive department, to designate an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or
(B) designates an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or
(2) the President makes an appointment to fill a vacancy in such office during the recess of the Senate pursuant to clause 3 of section 2 of article II of the United States Constitution.
**(b)** Any statutory provision providing general authority to the head of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) to delegate duties statutorily vested in that agency head to, or to reassign duties among, officers or employees of such Executive agency, is not a statutory provision to which subsection (a)(1) applies.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3347
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Federal law — U.S. Code and appendices · legal_authorities
Page 2975
TITLE 10—ARMED FORCES
§ 7018
1 See References in Text note below.
tion 5016 of this title] shall take effect on January 20,
1989.’’
§ 7017. Secretary of the Army: successors to du-
ties
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 ab-
sence 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 De-
fense.
(3) The General Counsel of the Department
of the Army.
(4) The Chief of Staff.
(Aug. 10, 1956, ch. 1041, 70A Stat. 159, § 3017; Pub.
L. 89–718, § 23, Nov. 2, 1966, 80 Stat. 1118; Pub. L.
90–235, § 4(a)(7), Jan. 2, 1968, 81 Stat. 759; Pub. L.
99–433, title V, § 501(a)(6), Oct. 1, 1986, 100 Stat.
1038; Pub. L. 103–337, div. A, title IX, § 902(a), Oct.
5, 1994, 108 Stat. 2823; renumbered § 7017, Pub. L.
115–232, div. A, title VIII, § 808(a), Aug. 13, 2018,
132 Stat. 1838.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
3017(a) .....
3017(b) .....
5:181–5(b).
5:181–5(c).
June 28, 1950, ch. 383, § 102
(less (a)), 64 Stat. 265.
In subsection (a), the word ‘‘person’’ is substituted
for the words ‘‘officer of the United States’’. The words
‘‘until a successor is appointed’’ are omitted as surplus-
age.
Subsection (b) is substituted for 5:181–5(c) and states
the effect of section 3544(b) of this title.
Editorial Notes
REFERENCES IN TEXT
Section 3347 of title 5, referred
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 7017
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.