10 U.S.C. § 7013 — Secretary of the Army

Page 2966 TITLE 10—ARMED FORCES § 7011 1964—Pub. L. 88–426, title III, §§ 305(40)(B), 306(j)(2), Aug. 14, 1964, 78 Stat. 427, 431, struck out ‘‘; compensation’’ from item 3012, and struck out item 3018 ‘‘Compensation of General Counsel’’. 1962—Pub. L. 87–651, title II, § 210(b), Sept. 7, 1962, 76 Stat. 524, added item 3010. 1958—Pub. L. 85–861, § 1(59)(B), Sept. 2, 1958, 72 Stat. 1462, added item 3018. § 7011. Organization The Department of the Army is separately or- ganized under the Secretary of the Army. It op- erates under the authority, direction, and con- trol of the Secretary of Defense. (Added Pub. L. 87–651, title II, § 210(a), Sept. 7, 1962, 76 Stat. 524, § 3010; renumbered § 3011, Pub. L. 99–433, title V, § 501(a)(2), Oct. 1, 1986, 100 Stat. 1034; renumbered § 7011, 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) 3010 ......... 5:171a(c)(7) (1st sentence, as applicable to De- partment of Army). July 26, 1947, ch. 343, § 202(c)(7) (1st sentence, as applicable, to De- partment of Army); added Aug. 6, 1958, Pub. L. 85–599, § 3(a) (1st sen- tence of 8th par., as ap- plicable to Department of Army), 72 Stat. 516. The word ‘‘operates’’ is substituted for the words ‘‘shall function’’. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3011 of this title as this section. 1986—Pub. L. 99–433 renumbered section 3010 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. § 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. Ju- dicial notice shall be taken of the seal. (Aug. 10, 1956, ch. 1041, 70A Stat. 157, § 3011; re- numbered § 3012, Pub. L. 99–433, title V, § 501(a)(2), Oct. 1, 1986, 100 Stat. 1034; renumbered § 7012, 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) 3011 ......... 5:181–1(d). July 26, 1947, ch. 343, § 205(d), 61 Stat. 501. The words ‘‘of office’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3012 of this title as this section. 1986—Pub. L. 99–433 renumbered section 3011 of this title as this section. 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. § 7013. Secretary of the Army (a)(1) There is a Secretary of the Army, ap- pointed from civilian life by the President, by and with the advice and consent of the Senate. The Secretary shall, to the greatest extent prac- ticable, be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management or leadership ex- perience. The Secretary is the head of the De- partment of the Army. (2) A person may not be appointed as Sec- retary of the Army within seven years after re- lief from active duty as a commissioned officer of a regular component of an armed force. (b) Subject to the authority, direction, and control of the Secretary of Defense and subject to the provisions of chapter 6 of this title, the Secretary of the Army is responsible for, and has the authority necessary to conduct, all af- fairs of the Department of the Army, including the following functions: (1) Recruiting. (2) Organizing. (3) Supplying. (4) Equipping (including research and devel- opment). (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 re- pair of buildings, structures, and utilities and the acquisition of real property and interests in real property necessary to carry out the re- sponsibilities specified in this section. (c) Subject to the authority, direction, and control of the Secretary of Defense, the Sec- retary of the Army is also responsible to the Secretary of Defense for— (1) the functioning and efficiency of the De- partment 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 De- partment of the Army; (4) carrying out the functions of the Depart- ment of the Army so as to fulfill the current and future operational requirements of the unified and specified combatant commands; Page 2967 TITLE 10—ARMED FORCES § 7013 (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 adminis- tration 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 De- partment 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 respon- sible for such other activities as may be pre- scribed by law or by the President or Secretary of Defense. (e) After first informing the Secretary of De- fense, the Secretary of the Army may make such recommendations to Congress relating to the Department of Defense as he considers ap- propriate. (f) The Secretary of the Army may assign such of his functions, powers, and duties as he con- siders 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 Sec- retary, the Under Secretary, or any Assistant Secretary. (g) The Secretary of the Army may— (1) assign, detail, and prescribe the duties of members of the Army and civilian personnel of the Department of the Army; (2) change the title of any officer or activity of the Department of the Army not prescribed by law; and (3) prescribe regulations to carry out his functions, powers, and duties under this title. (Added Pub. L. 99–433, title V, § 501(a)(5), Oct. 1, 1986, 100 Stat. 1035, § 3013; amended Pub. L. 99–661, div. A, title V, § 534, Nov. 14, 1986, 100 Stat. 3873; Pub. L. 108–136, div. A, title IX, § 901, Nov. 24, 2003, 117 Stat. 1558; Pub. L. 114–328, div. A, title IX, § 931(a), Dec. 23, 2016, 130 Stat. 2362; renumbered § 7013, Pub. L. 115–232, div. A, title VIII, § 808(a), Aug. 13, 2018, 132 Stat. 1838; Pub. L. 117–81, div. A, title IX, § 901(c), Dec. 27, 2021, 135 Stat. 1868.) Editorial Notes AMENDMENTS 2021—Subsec. (a)(2). Pub. L. 117–81 substituted ‘‘seven’’ for ‘‘five’’. 2018—Pub. L. 115–232 renumbered section 3013 of this title as this section. 2016—Subsec. (a)(1). Pub. L. 114–328 inserted ‘‘The Sec- retary shall, to the greatest extent practicable, be ap- pointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management or leadership experience.’’ after first sentence. 2003—Subsec. (c)(4). Pub. L. 108–136 struck out ‘‘(to the maximum extent practicable)’’ after ‘‘fulfill’’. 1986—Subsec. (a)(2). Pub. L. 99–661 substituted ‘‘five years’’ for ‘‘10 years’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable with respect to appointments made on or after Dec. 27, 2021, see sec- tion 901(g) of Pub. L. 117–81, set out as a note under sec- tion 113 of this title. 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. CENTRALIZED SECURITY MONITORING PROGRAM FOR FACILITIES OF THE ARMY Pub. L. 118–159, div. A, title I, § 111, Dec. 23, 2024, 138 Stat. 1801, provided that: ‘‘(a) IN GENERAL.—The Secretary of the Army, in co- ordination with the heads of relevant organizations of the Department of Defense and other departments and agencies of the Federal Government, shall develop a plan for the implementation of a Centralized Security Monitoring Program (referred to in this section as the ‘Program’) for installations and facilities of the De- partment of the Army within the United States. ‘‘(b) ELEMENTS.—The plan required by subsection (a) shall include the following: ‘‘(1) PROPOSED SECURITY SOLUTION.—A proposal for the development and implementation of a cost-effec- tive, scalable solution to modernize and centralize se- curity operations across Army facilities in the United States with full consideration given to minimizing operational impacts while maximizing technological advantages for enhanced security. ‘‘(2) LOCATIONS.—Identification of at least three military installations selected to host the Program. These locations shall— ‘‘(A) serve as the primary hubs for the continuous monitoring of installation security across all in- stallations of the Department of the Army in the United States; ‘‘(B) represent a mix of large and extra-large fa- cilities, as defined by the 2016 business case anal- ysis conducted by the Provost Marshal General of the Army; and ‘‘(C) be chosen based on geographical diversity and their strategic importance to the Army’s over- all security infrastructure. ‘‘(3) COST.—A comprehensive breakdown of the full costs of the Program, including— ‘‘(A) initial capital expenditure for system imple- mentation; ‘‘(B) the cost of networking all installations and facilities across the Department of the Army with- in the United States; ‘‘(C) estimated operation and maintenance costs; ‘‘(D) a detailed funding schedule with expendi- tures projected across the period covered by the most recent future-years defense program sub- mitted to Congress under section 221 of title 10, United States Code (as of the date of the plan); and ‘‘(E) identification of potential cost-saving oppor- tunities from the consolidation of current security monitoring systems. ‘‘(4) ANALYSIS OF VIABILITY.—An assessment of the viability of funding and sustaining the Program across the period covered by the most recent future- years defense program submitted to Congress under section 221 of title 10, United States Code (as of the date of the plan), considering— ‘‘(A) the financial impact relative to existing Army security infrastructure budgets; ‘‘(B) cost-benefit analysis of upgrading existing systems versus implementing new technologies at each selected location; and ‘‘(C) identification of technological challenges or barriers to implementing modern monitoring solu- tions. ‘‘(5) AUTHORITIES.—A list of any additional authori- ties, appropriations, or other resources necessary to ensure the success of the Program. ‘‘(c) SUBMITTAL TO CONGRESS.—Not later than Sep- tember 1, 2025, the Secretary of the Army shall submit Page 2968 TITLE 10—ARMED FORCES § 7013 to the Committees on Armed Services of the Senate and House of Representatives a completed version of the plan developed under subsection (a). ‘‘(d) LIMITATION ON COMMENCEMENT.—The Secretary of the Army may not commence implementation of the Program until the date on which the Secretary cer- tifies to the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives] that suffi- cient appropriations for military construction and operational costs have been programmed to fund the Program. ‘‘(e) DEADLINE FOR IMPLEMENTATION.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the Secretary of the Army shall implement the Program by not later than January 1, 2027. ‘‘(2) ALTERNATIVE IMPLEMENTATION DATE.—In the event the certification described in subsection (d) is not submitted on or before January 1, 2027, the Sec- retary of the Army shall implement the Program as soon as practicable after the date on which such cer- tification is so submitted.’’ STRATEGY FOR ARMY TACTICAL WHEELED VEHICLE PROGRAM Pub. L. 118–31, div. A, title I, § 112, Dec. 22, 2023, 137 Stat. 166, provided that: ‘‘(a) STRATEGY REQUIRED.—In the budget justification materials submitted in support of the budget of the De- partment of Defense (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) for each of fiscal years 2025, 2030, and 2035, the Secretary of the Army shall include a report on the strategy of the Army for tactical wheeled vehicles. ‘‘(b) REQUIREMENTS FOR STRATEGY.—Each strategy re- quired by subsection (a) shall— ‘‘(1) align with the applicable national defense strategy under section 113(g) of title 10, United States Code, and applicable policies; ‘‘(2) be designed so that the force of tactical wheeled vehicles provided under the strategy sup- ports the national security strategy of the United States as set forth in the most recent national secu- rity strategy report of the President under section 108 of the National Security Act of 1947 (50 U.S.C. 3043); and ‘‘(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) STRATEGY ELEMENTS.—Each strategy required by subsection (a) shall include the following: ‘‘(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 fol- lowing 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 ve- hicle class, in both graphical and tabular form, nec- essary to carry out the program described in para- graph (1), together with a discussion of the procure- ment strategies on which such estimated levels of an- nual 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) CONSIDERATIONS.—In developing each strategy required by subsection (a), the Secretary of the Army shall consider the following objectives and factors: ‘‘(1) Objectives relating to protection, fleet oper- ations, mission command, mobility, and the indus- trial 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 oper- ation of tactical wheeled vehicles in a variety of cli- mate and geographic conditions. ‘‘(4) Existing commercial technologies such as vehi- cle electrification, autonomous capabilities, and pre- dictive maintenance, among others. ‘‘(5) The capabilities of autonomous equivalents to tactical wheeled vehicles. ‘‘(e) BRIEFING REQUIREMENTS.—Not later than 15 days after each budget submission described in subsection (a), in conjunction with the submission of each strat- egy required by such subsection, the Secretary of the Army shall provide to the congressional defense com- mittees [Committees on Armed Services and Appro- priations of the Senate and the House of Representa- tives] a briefing that addresses the investment needed for each platform of tactical wheeled vehicle of the Army across the period covered by the most recent fu- ture-years defense program submitted to Congress under section 221 of title 10, United States Code (as of the date of the briefing).’’ INCREASED FITNESS STANDARDS FOR ARMY CLOSE COMBAT FORCE MILITARY OCCUPATIONAL SPECIALTIES Pub. L. 118–31, div. A, title V, § 577, Dec. 22, 2023, 137 Stat. 278, provided that: ‘‘(a) IMPLEMENTATION.—Not later than 18 months after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of the Army shall implement in- creased minimum fitness standards as part of the Army Combat Fitness Test for all soldiers of the following military occupational specialties or areas of concentra- tion: ‘‘(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) BRIEFING.—Not later than 365 days after the date of the enactment of this Act [Dec. 22, 2023], the Sec- retary of the Army provide [sic] a briefing to the Com- mittees on Armed Services of the Senate and House of Representatives describing the methodology used to es- tablish standards under subsection (a).’’ PILOT PROGRAMS FOR TACTICAL VEHICLE SAFETY DATA COLLECTION Pub. L. 117–263, div. A, title III, § 389, Dec. 23, 2022, 136 Stat. 2547, provided that: ‘‘(a) IN GENERAL.—Not later than October 1, 2023, the Secretary of the Army and the Secretary of the Navy shall each initiate a pilot program to evaluate the util- ity of using data recorders to monitor, assess, and im- prove readiness and the safe operation of military tac- tical vehicles in the Army and the Marine Corps, re- spectively. ‘‘(b) DURATION.—Each pilot program initiated under subsection (a) shall be carried out for a period of not less than two years. ‘‘(c) REQUIREMENTS.—In carrying out a pilot program under this section, the Secretary of the Army and the Secretary of the Navy each shall— ‘‘(1) select not fewer than one military installation in the United States under the jurisdiction of the Page 2969 TITLE 10—ARMED FORCES § 7013 Secretary that contains the necessary forces, equip- ment, 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 re- sults; ‘‘(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 re- corder; 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) MILITARY TACTICAL VEHICLES SPECIFIED.—Mili- tary tactical vehicles specified in this subsection are the following: ‘‘(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) CYBER RISK EXEMPTION.—The Secretary of the Army or the Secretary of the Navy, as the case may be, may exempt from a pilot program under this section a military tactical vehicle specified under subsection (d) if that Secretary submits to the Committees on Armed Services of the House of Representatives and the Sen- ate a certification that, with respect to inclusion of the military tactical vehicle, there is a high potential of cyber risk as a result of the absence of a cross-domain solution capable of segregating classified and unclassi- fied data. ‘‘(f) IMPLEMENTATION PLAN.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of the Army and the Secretary of the Navy shall each— ‘‘(1) develop plans for implementing the pilot pro- grams under this section; and ‘‘(2) provide to the congressional defense commit- tees [Committees on Armed Services and Appropria- tions of the Senate and the House of Representatives] a briefing on those plans and the estimated cost of implementing those plans. ‘‘(g) REPORT REQUIRED.—Not later than December 15, 2024, the Secretary of the Army and the Secretary of the Navy shall each submit to the congressional de- fense committees a report on the respective pilot pro- grams carried out under this section by the Secre- taries, including— ‘‘(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 imple- mentation plans developed under subsection (f); and ‘‘(3) any other matters determined appropriate by the Secretaries. ‘‘(h) ASSESSMENT REQUIRED.—Not later than Decem- ber 15, 2025, the Secretary of the Army and the Sec- retary of the Navy shall jointly submit to the congres- sional defense committees an assessment of the pilot programs carried out under this section, including— ‘‘(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 ap- propriate.’’ GENDER-NEUTRAL FITNESS PHYSICAL READINESS STANDARDS FOR MILITARY OCCUPATIONAL SPECIAL- TIES OF THE ARMY Pub. L. 117–263, div. A, title V, § 528, Dec. 23, 2022, 136 Stat. 2572, provided that: ‘‘Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of the Army shall— ‘‘(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 Pub. L. 117–81, div. A, title V, § 513, Dec. 27, 2021, 135 Stat. 1683, provided that: ‘‘(a) ACCESS.— ‘‘(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of the Army shall ensure, subject to para- graph (2), that a member of the reserve components of the Army may access the Tour of Duty system using a personal internet-enabled device. ‘‘(2) EXCEPTION.—The Secretary of the Army may restrict access to the Tour of Duty system on per- sonal internet-enabled devices if the Secretary deter- mines such restriction is necessary to ensure the se- curity and integrity of information systems and data of the United States. ‘‘(b) TOUR OF DUTY SYSTEM DEFINED.—In this Act [Pub. L. 117–81, see Tables for classification], the term ‘Tour of Duty system’ means the online system of list- ings for opportunities to serve on active duty for mem- bers of the reserve components of the Army and through which such a member may apply for such an opportunity, known as ‘Tour of Duty’, or any successor to such system.’’ PILOT PROGRAM ON USE OF RETIRED SENIOR ENLISTED MEMBERS OF THE ARMY NATIONAL GUARD AS ARMY NATIONAL GUARD RECRUITERS Pub. L. 115–91, div. A, title V, § 514, Dec. 12, 2017, 131 Stat. 1378, as amended by Pub. L. 115–232, div. A, title V, § 520, Aug. 13, 2018, 132 Stat. 1754, provided for a pilot program for the Army National Guard under which re- tired senior enlisted members of the Army National Guard would serve as contract recruiters for the Army National Guard, with all activities under such a pilot program to terminate no later than Dec. 31, 2021. RESTRUCTURING OF THE DISTRIBUTED COMMON GROUND SYSTEM OF THE ARMY Pub. L. 114–328, div. A, title II, § 220(a), (b), Dec. 23, 2016, 130 Stat. 2055, provided that: ‘‘(a) IN GENERAL.—Not later that [sic] April 1, 2017, the Secretary of the Army shall restructure versions of the distributed common ground system of the Army after Increment 1— ‘‘(1) by discontinuing development of new software code, excluding the configuration and testing of sys- tem interfaces to commercial, open source, and exist- ing Government off the shelf (GOTS) software, of any component of the system for which there is commer- cial, open source, or Government off the shelf soft- ware that is capable of fulfilling at least 80 percent of the system requirements applicable to such compo- nent; and ‘‘(2) by conducting a review of the acquisition strat- egy of the program to ensure that procurement of Page 2970 TITLE 10—ARMED FORCES § 7013 commercial software is the preferred method of meet- ing program requirements for major system compo- nents. ‘‘(b) LIMITATION.—The Secretary of the Army shall not award any contract for the development of new component software capability for the distributed com- mon ground system of the Army if such a capability is already a commercial item or open source, except for configuration of capabilities that are incidental to and necessary for the proper functioning of the system.’’ CONSOLIDATION OF ARMY MARKETING AND PILOT PROGRAM ON CONSOLIDATED ARMY RECRUITING Pub. L. 114–328, div. A, title V, § 527, Dec. 23, 2016, 130 Stat. 2117, provided that: ‘‘(a) CONSOLIDATION OF ARMY MARKETING.—Not later than October 1, 2017, the Secretary of the Army shall consolidate into a single organization within the De- partment of the Army all functions relating to the marketing of the Army and each of the components of the Army in order to assure unity of effort and cost ef- fectiveness in the marketing of the Army and each of the components of the Army. ‘‘(b) PILOT PROGRAM ON CONSOLIDATED ARMY RECRUIT- ING.— ‘‘(1) PILOT PROGRAM REQUIRED.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2016], the Secretary of the Army shall carry out a pilot program to consolidate the recruiting efforts of the Regular Army, Army Reserve, and Army National Guard under which a recruiter in one of the compo- nents participating in the pilot program may recruit individuals to enlist in any of the components regard- less of the funding source of the recruiting activity. ‘‘(2) CREDIT TOWARD ENLISTMENT GOALS.—Under the pilot program, a recruiter shall receive credit toward periodic enlistment goals for each enlistment regard- less of the component in which the individual enlists. ‘‘(3) DURATION.—The Secretary shall carry out the pilot program for a period of not less than three years. ‘‘(c) BRIEFING AND REPORTS.— ‘‘(1) BRIEFING ON CONSOLIDATION PLAN.—Not later than March 1, 2017, the Secretary of the Army shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the Secretary’s plan to carry out the Army mar- keting consolidation required by subsection (a). ‘‘(2) INTERIM REPORT ON PILOT PROGRAM.— ‘‘(A) IN GENERAL.—Not later than one year after the date on which the pilot program under sub- section (b) commences, the Secretary shall submit to the congressional committees specified in para- graph (1) a report on the pilot program. ‘‘(B) ELEMENTS.—The report under subparagraph (A) shall include each of the following: ‘‘(i) An analysis of the effects that consolidated recruiting efforts has [sic] on the overall ability of recruiters to attract and place qualified can- didates. ‘‘(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 recruit- ers and the component recruiting commands with the pilot program. ‘‘(3) FINAL REPORT ON PILOT PROGRAM.—Not later than 180 days after the date on which the pilot pro- gram is completed, the Secretary shall submit to the congressional committees specified in paragraph (1) a final report on the pilot program. The final report shall include any recommendations of the Secretary with respect to extending or making permanent the pilot program and a description of any related legis- lative actions that the Secretary considers appro- priate.’’ GLOBAL CULTURAL KNOWLEDGE NETWORK Pub. L. 114–328, div. A, title X, § 1087, Dec. 23, 2016, 130 Stat. 2425, provided that: ‘‘(a) PROGRAM AUTHORIZED.—The Secretary of the Army shall carry out a program to support the socio- cultural understanding needs of the Department of the Army, to be known as the Global Cultural Knowledge Network. ‘‘(b) GOALS.—The Global Cultural Knowledge Net- work shall support the following goals: ‘‘(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 De- partment of the Army. ‘‘(3) Provide reimbursable support to other military departments or Federal agencies if requested through an operational needs request process. ‘‘(c) ELEMENTS OF THE PROGRAM.—The Global Cul- tural Knowledge Network shall include the following elements: ‘‘(1) A center in the continental United States (re- ferred to in this section as a ‘reach-back center’) to support requests for information, research, and anal- ysis. ‘‘(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 re- sources capacity to rapidly respond to contingencies in which social science expertise is requested by oper- ational commanders through an operational needs re- quest process. ‘‘(d) DIRECTIVE REQUIRED.—The Secretary of the Army shall issue a directive within one year after the date of the enactment of this Act [Dec. 23, 2016] for the governance of the Global Cultural Knowledge Network, including oversight and process controls for auditing the activities of personnel of the Network, the employ- ment of the Global Cultural Knowledge Network by operational forces, and processes for requesting support by operational Army units and other Department of Defense and Federal entities. ‘‘(e) PROHIBITION ON DEPLOYMENTS UNDER GLOBAL CULTURAL KNOWLEDGE NETWORK.— ‘‘(1) PROHIBITION.—The Secretary of the Army may not deploy social scientists of the Global Cultural Knowledge Network in a conflict zone. ‘‘(2) WAIVER.—The Secretary of the Army may waive the prohibition in paragraph (1) if the Sec- retary submits, at least 10 days before the deploy- ment, to the Committees on Armed Services of the House of Representatives and the Senate— ‘‘(A) notice of the waiver; and ‘‘(B) a certification that there is a compelling na- tional security interest for the deployment or there will be a benefit to the safety and welfare of mem- bers of the Armed Forces from the deployment. ‘‘(3) ELEMENTS OF WAIVER NOTICE.—A waiver notice under this subsection also shall include the following: ‘‘(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 antici- pated duration of such deployments. ‘‘(C) The anticipated resource needs for such de- ployment.’’ PILOT PROGRAM FOR THE HUMAN TERRAIN SYSTEM Pub. L. 113–291, div. A, title X, § 1075, Dec. 19, 2014, 128 Stat. 3519, authorized the Secretary of the Army to carry out a pilot program under which the Secretary Page 2971 TITLE 10—ARMED FORCES § 7013 utilized Human Terrain System assets in the United States Pacific Command (now United States Indo-Pa- cific Command) area of responsibility to support phase 0 shaping operations and the theater security coopera- tion plans of the Commander of the United States Pa- cific Command and required initial and final reports to the congressional defense committees, with such au- thority terminating on Sept. 30, 2016. EXPANSION OF FIRST SERGEANTS BARRACKS INITIATIVE Pub. L. 111–84, div. B, title XXVIII, § 2807, Oct. 28, 2009, 123 Stat. 2663, provided that: ‘‘(a) EXPANSION OF INITIATIVE.—Not later than Sep- tember 30, 2011, the Secretary of the Army shall expand the First Sergeants Barracks Initiative (FSBI) to in- clude all Army installations in order to improve the quality of life and living environments for single sol- diers. ‘‘(b) PROGRESS REPORTS.—Not later than February 15, 2010, and February 15, 2011, the Secretary of the Army shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report describing the progress made in expanding the First Sergeants Barracks Initiative to all Army installa- tions.’’ SELECTION OF MILITARY INSTALLATIONS TO SERVE AS LOCATIONS OF BRIGADE COMBAT TEAMS Pub. L. 111–84, div. B, title XXVIII, § 2825, Oct. 28, 2009, 123 Stat. 2668, provided that: ‘‘In selecting the military installations at which brigade combat teams will be stationed, the Secretary of the Army shall take into consideration the availability and proximity of train- ing spaces for the units and the capacity of the instal- lations to support the units.’’ ARMY TRAINING STRATEGY FOR BRIGADE-BASED COMBAT TEAMS AND FUNCTIONAL SUPPORTING BRIGADES Pub. L. 109–163, div. A, title III, § 353, Jan. 6, 2006, 119 Stat. 3203, provided that: ‘‘(a) TRAINING STRATEGY.— ‘‘(1) STRATEGY REQUIRED.—The Secretary of the Army shall develop and implement a strategy for the training of brigade-based combat teams and func- tional supporting brigades in order to ensure the readiness of such teams and brigades. ‘‘(2) ELEMENTS.—The training strategy under para- graph (1) shall include the following: ‘‘(A) A statement of the purpose of training for brigade-based combat teams and functional sup- porting brigades. ‘‘(B) Performance goals for both active-compo- nent and reserve-component brigade-based combat teams and functional supporting brigades, includ- ing goals for live, virtual, and constructive train- ing. ‘‘(C) Metrics to quantify training performance against the performance goals specified under sub- paragraph (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, oper- ation and maintenance funding required for each fiscal year to attain the performance goals speci- fied under subparagraph (B). ‘‘(3) TIMING OF IMPLEMENTATION.—The Secretary of the Army shall develop and implement the training strategy under paragraph (1) as soon as practicable. ‘‘(b) REPORT.— ‘‘(1) REPORT REQUIRED.—Not later than one year after the date of the enactment of this Act [Jan. 6, 2006], the Secretary of the Army shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the train- ing strategy developed under subsection (a). ‘‘(2) ELEMENTS.—The report under paragraph (1) shall include the following: ‘‘(A) A discussion of the training strategy devel- oped under subsection (a), including a description of the performance goals and metrics developed under that subsection. ‘‘(B) A discussion and description of the training ranges and other essential elements required to support the training strategy. ‘‘(C) A list of the funding requirements, shown by fiscal year and set forth in a format consistent with the future-years defense program to accompany the budget of the President under section 221 of title 10, United States Code, necessary to meet the require- ments of the training ranges and other essential elements described under subparagraph (B). ‘‘(D) A schedule for the implementation of the training strategy. ‘‘(c) COMPTROLLER GENERAL REVIEW OF IMPLEMENTA- TION.— ‘‘(1) IN GENERAL.—The Comptroller General shall monitor the implementation of the training strategy developed under subsection (a). ‘‘(2) REPORT.—Not later than 180 days after the date on which the Secretary of the Army submits the re- port under subsection (b), the Comptroller General shall submit to the congressional defense committees a report containing the assessment of the Comp- troller General of the current progress of the Army in implementing the training strategy.’’ ARMY TRANSFORMATION TO BRIGADE STRUCTURE Pub. L. 108–375, div. A, title V, § 595(c), Oct. 28, 2004, 118 Stat. 1937, provided that: ‘‘The Secretary of the Army shall submit to the Committee on Armed Serv- ices of the Senate and the Committee on Armed Serv- ices of the House of Representatives an annual report on the status of the internal transformation of the Army from a division-orientated force to a brigade-ori- entated force. Such report shall be submitted not later than March 31 of each year, except that the require- ment to submit such annual report shall terminate when the Secretary of the Army submits to those com- mittees the Secretary’s certification that the trans- formation of the Army to a brigade-orientated force has been completed. Upon the submission of such cer- tification, the Secretary shall publish in the Federal Register notice of that certification and that the statu- tory requirement to submit an annual report under this subsection has terminated.’’ DEMONSTRATION PROJECT FOR USE OF ARMY INSTALLA- TIONS TO PROVIDE PRERELEASE EMPLOYMENT TRAIN- ING TO NONVIOLENT OFFENDERS IN STATE PENAL SYSTEMS Pub. L. 103–337, div. A, title X, § 1065, Oct. 5, 1994, 108 Stat. 2849, provided that: ‘‘(a) DEMONSTRATION PROJECT AUTHORIZED.—The Sec- retary of the Army may conduct a demonstration project to test the feasibility of using Army facilities to provide employment training to nonviolent offend- ers in a State penal system before their release from incarceration. The demonstration project shall be lim- ited to not more than three military installations under the jurisdiction of the Secretary. ‘‘(b) SOURCES OF TRAINING.—The Secretary may enter into a cooperative agreement with one or more private, nonprofit organizations for purposes of providing at the military installations included in the demonstration project the prerelease employment training authorized under subsection (a) or may provide such training di- rectly at such installations by agreement with the State concerned. ‘‘(c) USE OF FACILITIES.—Under a cooperative agree- ment entered into under subsection (b), the Secretary may lease or otherwise make available to a nonprofit organization participating in the demonstration project at a military installation included in the dem- onstration project any real property or facilities at the 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-