10 U.S.C. § 7014 — Office of the Secretary of the Army

Page 2972 TITLE 10—ARMED FORCES § 7014 installation that the Secretary considers to be appro- priate for use to provide the prerelease employment training authorized under subsection (a). Notwith- standing section 2667(b)(4) of title 10, United States Code, the use of such real property or facilities may be permitted with or without reimbursement. ‘‘(d) ACCEPTANCE OF SERVICES.—Notwithstanding sec- tion 1342 of title 31, United States Code, the Secretary may accept voluntary services provided by persons par- ticipating in the prerelease employment training au- thorized under subsection (a). ‘‘(e) LIABILITY AND INDEMNIFICATION.—(1) The Sec- retary may not enter into a cooperative agreement under subsection (b) with a nonprofit organization for the participation of that organization in the dem- onstration project unless the agreement includes provi- sions that the nonprofit organization shall— ‘‘(A) be liable for any loss or damage to Federal Government property that may result from, or in connection with, the provision of prerelease employ- ment training by the organization under the dem- onstration 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 con- nection 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 per- sonnel; 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 con- nection with, the provision of the training except to the extent that the personal injury or property dam- age results from a wrongful act or omission of Fed- eral Government personnel. ‘‘(f) REPORT.—Not later than two years after the date of the enactment of this Act [Oct. 5, 1994], the Sec- retary shall submit to Congress a report evaluating the success of the demonstration project and containing such recommendations with regard to the termination, continuation, or expansion of the demonstration project as the Secretary considers appropriate.’’ 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. § 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 func- tion 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 Sec- retary 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 Com- mittee. (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 fol- lowing functions: (A) Acquisition. (B) Auditing. (C) Comptroller (including financial manage- ment). (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 with- in 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 relation- ship 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 con- duct 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 assist- ance to the Chief of Staff or otherwise partici- pating in that function within the executive part of the Department under the direction of the office assigned responsibility for that func- tion in the Office of the Secretary of the Army. (5) The head of the office or other entity estab- lished or designated by the Secretary to conduct the auditing function shall have at least five years of professional experience in accounting or auditing. The position shall be considered to be a career reserved position as defined in section 3132(a)(8) of title 5. (d)(1) Subject to paragraph (2), the Office of the Secretary of the Army shall have sole re- sponsibility 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 relation- ship 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 pro- Page 2973 TITLE 10—ARMED FORCES § 7015 vides 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 func- tions for which the Secretary has assigned re- sponsibility to the other. (f)(1) The total number of members of the armed forces and civilian employees of the De- partment 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 as- signed or detailed to permanent duty in the Of- fice 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 per- cent of such limitation in time of national emer- gency. (Added Pub. L. 99–433, title V, § 501(a)(5), Oct. 1, 1986, 100 Stat. 1036, § 3014; amended Pub. L. 100–180, div. A, title XIII, § 1314(b)(7), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 100–456, div. A, title III, § 325(a), Sept. 29, 1988, 102 Stat. 1955; Pub. L. 101–189, div. A, title VI, § 652(a)(4), Nov. 29, 1989, 103 Stat. 1461; Pub. L. 107–107, div. A, title X, § 1048(a)(27), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 107–314, div. A, title V, § 504(c)(2), Dec. 2, 2002, 116 Stat. 2532; Pub. L. 114–328, div. A, title IX, § 903(c), Dec. 23, 2016, 130 Stat. 2344; renumbered § 7014, Pub. L. 115–232, div. A, title VIII, § 808(a), Aug. 13, 2018, 132 Stat. 1838; Pub. L. 116–92, div. A, title IX, § 901(a)(3), Dec. 20, 2019, 133 Stat. 1541.) Editorial Notes AMENDMENTS 2019—Subsec. (f)(1). Pub. L. 116–92, § 901(a)(3)(A), sub- stituted ‘‘3,250’’ for ‘‘3,105’’. Subsec. (f)(2). Pub. L. 116–92, § 901(a)(3)(B), substituted ‘‘1,900’’ for ‘‘1,865’’. 2018—Pub. L. 115–232 renumbered section 3014 of this title as this section. 2016—Subsec. (f)(4). Pub. L. 114–328, § 903(c)(1), sub- stituted ‘‘time of war.’’ for ‘‘time of war or during a na- tional emergency declared by the President or Con- gress. The limitation in paragraph (2) does not apply whenever the President determines that it is in the na- tional interest to increase the number of officers as- signed or detailed to permanent duty in the Office of the Secretary of the Army or on the Army Staff.’’ Subsec. (f)(5). Pub. L. 114–328, § 903(c)(2), added par. (5). 2002—Subsec. (b)(6) to (8). Pub. L. 107–314 added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively. 2001—Subsec. (f)(3). Pub. L. 107–107 substituted ‘‘67’’ for ‘‘the number equal to 85 percent of the number of general officers assigned or detailed to such duty on the date of the enactment of this subsection’’. 1989—Subsec. (f)(5). Pub. L. 101–189 struck out par. (5) which read as follows: ‘‘The limitations in paragraphs (1), (2), and (3) do not apply before October 1, 1988.’’ 1988—Subsec. (c)(5). Pub. L. 100–456 added par. (5). 1987—Subsec. (f)(4). Pub. L. 100–180 inserted ‘‘the President or’’ after ‘‘declared by’’. 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 Requirements of subsec. (c)(5) of this section applica- ble with respect to any person appointed on or after Sept. 29, 1988, as head of office or other entity des- ignated for conducting auditing function in a military department, see section 325(d)(1) of Pub. L. 100–456, set out as a note under section 8014 of this title. EFFECTIVE DATE Pub. L. 99–433, title V, § 532(a), Oct. 1, 1986, 100 Stat. 1063, provided that: ‘‘The provisions of subsections (c) and (d) of each of sections 3014, 5014, and 8014 [now 7014, 8014, and 9014] of title 10, United States Code, as added by sections 501, 511, and 521, respectively, shall be im- plemented not later than 180 days after the date of the enactment of this Act [Oct. 1, 1986].’’ EXCEPTIONS AND ADJUSTMENTS TO LIMITATIONS ON PERSONNEL Baseline personnel limitations in this section inappli- cable to certain acquisition personnel and personnel hired pursuant to a shortage category designation for fiscal year 2009 and fiscal years thereafter, and Sec- retary of Defense or a secretary of a military depart- ment authorized to adjust such limitations for fiscal year 2009 and fiscal years thereafter, see section 1111 of Pub. L. 110–417, set out as a note under section 143 of this title. § 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 Pub. L. 99–433, title V, § 501(a)(5), Oct. 1, 1986, 100 Stat. 1037, § 3015; renumbered § 7015, Pub. L. 115–232, div. A, title VIII, § 808(a), Aug. 13, 2018, 132 Stat. 1838.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 3013 of this title prior to enactment of Pub. L. 99–433. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3015 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. Executive Documents ORDER OF SUCCESSION For order of succession in event of death, permanent disability, or resignation of Secretary of the Army, see