2015 US Code
Title 10 - Armed Forces (Sections 101 - 18506)
Subtitle B - Army (Sections 3001 - 4842)
Part I - Organization (Sections 3001 - 3084)
Chapter 303 - Department of the Army (Sections 3010 - 3024)
Sec. 3017 - Secretary of the Army: successors to duties
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle B - Army PART I - ORGANIZATION CHAPTER 303 - DEPARTMENT OF THE ARMY Sec. 3017 - Secretary of the Army: successors to duties |
Contains | section 3017 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Aug. 10, 1956, ch. 1041, 70A Stat. 159; 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. |
Statutes at Large References | 64 Stat. 265 80 Stat. 1118 81 Stat. 759 100 Stat. 1038 108 Stat. 2823 112 Stat. 2681-611 |
Public and Private Laws | Public Law 89-718, Public Law 90-235, Public Law 99-433, Public Law 103-337, Public Law 105-277 |
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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 1 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 159; 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.)
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 surplusage.
Subsection (b) is substituted for 5:181–5(c) and states the effect of section 3544(b) of this title.
REFERENCES IN TEXTSection 3347 of title 5, referred to in text, was repealed 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 provisions authorizing the President to direct temporary successors to duties. See section 3345 of Title 5, Government Organization and Employees.
AMENDMENTS1994—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) designation, substituted ", in the order prescribed by the Secretary 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 designated under section 3347 of title 5 shall not be considered 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.
ORDER OF SUCCESSIONFor 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.
1 See References in Text note below.
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