10 U.S.C. § 7015 — Under Secretary of the Army

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 Page 2974 TITLE 10—ARMED FORCES § 7016 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. § 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 Sec- retary of the Army may prescribe. (2) One of the Assistant Secretaries shall be the Assistant Secretary of the Army for Man- power and Reserve Affairs. He shall have as his principal duty the overall supervision of man- power and reserve component affairs of the De- partment 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 De- partment of the Army relating to programs for conservation and development of the national water resources, including flood control, naviga- tion, shore protection, and related purposes. (4)(A) One of the Assistant Secretaries shall be the Assistant Secretary of the Army for Finan- cial Management. (B) The Assistant Secretary shall be appointed from among persons who have significant budg- et, financial management, or audit experience in complex organizations. (C) The principal responsibility of the Assist- ant Secretary shall be the exercise of the comp- troller functions of the Department of the Army, including financial management func- tions. The Assistant Secretary shall be respon- sible for all financial management activities and operations of the Department of the Army and shall advise the Secretary of the Army on finan- cial management. (5)(A) One of the Assistant Secretaries shall be the Assistant Secretary of the Army for Acquisi- tion, 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 Prin- cipal 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 posi- tion of Principal Military Deputy shall be des- ignated as a critical acquisition position under section 1731 of this title. In the event of a va- cancy in the position of Assistant Secretary of the Army for Acquisition, Logistics, and Tech- nology, the Principal Military Deputy may serve as Acting Assistant Secretary for a period of not more than one year. (6)(A) One of the Assistant Secretaries shall be the Assistant Secretary for Energy, Installa- tions, and Environment. (B) The principal duty of the Assistant Sec- retary for Energy, Installations, and Environ- ment shall be the overall supervision of energy, installation, and environment matters for the Department of the Army. (Added Pub. L. 99–433, title V, § 501(a)(5), Oct. 1, 1986, 100 Stat. 1038, § 3016; amended Pub. L. 100–456, div. A, title VII, § 702(a)(1), Sept. 29, 1988, 102 Stat. 1992; Pub. L. 110–181, div. A, title IX, § 908(a), Jan. 28, 2008, 122 Stat. 278; Pub. L. 114–328, div. A, title VIII, § 802(a), Dec. 23, 2016, 130 Stat. 2249; Pub. L. 115–91, div. A, title V, § 505, title IX, § 921(a), Dec. 12, 2017, 131 Stat. 1374, 1524; renumbered § 7016, Pub. L. 115–232, div. A, title VIII, § 808(a), Aug. 13, 2018, 132 Stat. 1838; Pub. L. 116–92, div. A, title VIII, § 861(j)(14), title IX, § 911(a), title XVII, § 1731(a)(64), Dec. 20, 2019, 133 Stat. 1520, 1559, 1816.) 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 2019—Subsec. (b)(5)(A). Pub. L. 116–92, § 1731(a)(64), substituted ‘‘Assistant Secretary of the Army for Ac- quisition, Logistics, and Technology’’ for ‘‘Assistant Secretary of the Army for Acquisition, Technology, and Logistics’’. Subsec. (b)(5)(B). Pub. L. 116–92, § 861(j)(14), sub- stituted ‘‘under section 1731 of this title’’ for ‘‘under section 1733 of this title’’. Subsec. (b)(6). Pub. L. 116–92, § 911(a), added par. (6). 2018—Pub. L. 115–232 renumbered section 3016 of this title as this section. 2017—Subsec. (b)(4). Pub. L. 115–91, § 921(a), designated first sentence as subpar. (A), designated second and third sentences as subpar. (C) and, in subpar. (C), sub- stituted ‘‘The principal responsibility of the Assistant Secretary shall be’’ for ‘‘The Assistant Secretary shall have as his principal responsibility’’, and added subpar. (B). Subsec. (b)(5)(B). Pub. L. 115–91, § 505, substituted ‘‘an officer’’ for ‘‘a lieutenant general’’. 2016—Subsec. (b)(5)(B). Pub. L. 114–328 inserted at end ‘‘In the event of a vacancy in the position of Assistant Secretary of the Army for Acquisition, Logistics, and Technology, the Principal Military Deputy may serve as Acting Assistant Secretary for a period of not more than one year.’’ 2008—Subsec. (b)(5). Pub. L. 110–181 added par. (5). 1988—Subsec. (b)(4). Pub. L. 100–456 added par. (4). 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 2017 AMENDMENT Pub. L. 115–91, div. A, title IX, § 921(d), Dec. 12, 2017, 131 Stat. 1524, provided that: ‘‘The appointment quali- fications imposed by the amendments made by this sec- tion [amending this section and sections 5016 and 8016 of this title] shall apply with respect to an appoint- ment as an Assistant Secretary of a military depart- ment for financial management that is made on or after the date of the enactment of this Act [Dec. 12, 2017].’’ EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–456, div. A, title VII, § 702(e)(1), Sept. 29, 1988, 102 Stat. 1996, provided that: ‘‘The amendments made by subsections (a) and (b) [enacting sections 3022 and 5025 of this title and amending this section and sec-