10 U.S.C. § 7018 — Administrative Assistant

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 to in text, was re- pealed and a new section 3347 was enacted by Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–611, and, as so enacted, no longer contains provi- sions authorizing the President to direct temporary successors to duties. See section 3345 of Title 5, Govern- ment Organization and Employees. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3017 of this title as this section. 1994—Pars. (3), (4). Pub. L. 103–337 added par. (3) and redesignated former par. (3) as (4). 1986—Pub. L. 99–433 struck out subsec. (a) designa- tion, substituted ‘‘, in the order prescribed by the Sec- retary of the Army and approved by the Secretary of Defense’’ for ‘‘in order of their length of service as such’’ in par. (2), and struck out subsec. (b) which read as follows: ‘‘Performance of the duties of the Secretary by the Chief of Staff or any officer of the Army des- ignated under section 3347 of title 5 shall not be consid- ered as the holding of a civil office within the meaning of section 973(b) of this title.’’ 1968—Subsec. (b). Pub. L. 90–235 substituted ‘‘section 973(b) of this title’’ for ‘‘section 3544(b) of this title’’. 1966—Pub. L. 89–718 substituted ‘‘section 3347 of title 5’’ for ‘‘section 6 of title 5’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. 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 section 3345 of Title 5, Government Orga- nization and Employees. § 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 Sec- retary considers appropriate. (b) During a vacancy in the office of Sec- retary, 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 Adminis- trative Assistant to sign, during the temporary absence of the Secretary, any paper requiring his signature. In such a case, the Administrative Assistant’s signature has the same effect as the Secretary’s signature. (Aug. 10, 1956, ch. 1041, 70A Stat. 159, § 3016; re- numbered § 3018, Pub. L. 99–433, title V, § 501(a)(3), Oct. 1, 1986, 100 Stat. 1034; renumbered § 7018, 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) 3016(a) ..... 3016(b) ..... 3016(c) ..... 5:185. 5:186. 5:187. R.S. 215; Feb. 27, 1877, ch. 69 (2d par.), 19 Stat. 241. Mar. 4, 1874, ch. 44, 18 Stat. 19. Although 5:185, 186, and 187 are omitted from the United States Code as covered by 5:181–5, they are not so superseded and are restated in this revised section. In subsections (a), (b), and (c), the title ‘‘Administra- tive 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 ap- propriate’’ are substituted for the words ‘‘to be em- ployed 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 re- moved 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 Depart- Page 2976 TITLE 10—ARMED FORCES § 7019 ment’’ are omitted as surplusage. The last sentence is substituted for 5:187 (words after semicolon). Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3018 of this title as this section. 1986—Pub. L. 99–433 renumbered section 3016 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 7019. General Counsel (a) There is a General Counsel of the Depart- ment 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 pre- scribe. (Added Pub. L. 99–433, title V, § 501(a)(7), Oct. 1, 1986, 100 Stat. 1038, § 3019; amended Pub. L. 100–456, div. A, title VII, § 703(a), Sept. 29, 1988, 102 Stat. 1996; renumbered § 7019, Pub. L. 115–232, div. A, title VIII, § 808(a), Aug. 13, 2018, 132 Stat. 1838.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3019 of this title as this section. 1988—Subsec. (a). Pub. L. 100–456 inserted ‘‘, by and with the advice and consent of the Senate’’ before pe- riod at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–456, div. A, title VII, § 703(c), Sept. 29, 1988, 102 Stat. 1996, provided that: ‘‘The amendments made by this section [amending this section and sections 5019 and 8019 of this title] shall apply to appointments made under sections 3019, 5019, and 8019 [now 7019, 8019, and 9019], respectively, of title 10, United States Code, on and after the date of the enactment of this Act [Sept. 29, 1988].’’ § 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 ex- tend 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 dis- cipline, 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 Sec- retary of the Army and shall recommend addi- tional inspections and investigations as may ap- pear 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 chapter 4 of title 5 regarding the Department of the Army. (e) The Inspector General shall have such dep- uties and assistants as the Secretary of the Army may prescribe. Each such deputy and as- sistant shall be an officer detailed by the Sec- retary 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 Sec- retary. (Added Pub. L. 99–433, title V, § 501(a)(7), Oct. 1, 1986, 100 Stat. 1038, § 3020; renumbered § 7020, Pub. L. 115–232, div. A, title VIII, § 808(a), Aug. 13, 2018, 132 Stat. 1838; amended Pub. L. 117–286, § 4(b)(30), Dec. 27, 2022, 136 Stat. 4346.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 3039 of this title prior to enactment of Pub. L. 99–433. AMENDMENTS 2022—Subsec. (d). Pub. L. 117–286 substituted ‘‘chapter 4 of title 5’’ for ‘‘the Inspector General Act of 1978 (5 U.S.C. App. 3)’’. 2018—Pub. L. 115–232 renumbered section 3020 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 7021. Army Reserve Forces Policy Committee There is in the Office of the Secretary of the Army an Army Reserve Forces Policy Com- mittee. The functions, membership, and organi- zation of that committee are set forth in section 10302 of this title. (Added Pub. L. 103–337, div. A, title XVI, § 1661(b)(4)(A), Oct. 5, 1994, 108 Stat. 2982, § 3021; renumbered § 7021, Pub. L. 115–232, div. A, title VIII, § 808(a), Aug. 13, 2018, 132 Stat. 1838.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3021 of this title as this section.