10-U.S.C.-3017

§3017 – Secretary of The Army: Successors to Duties

Pathway

Title 10 > Subtitle B > Part I > Chapter 303 > Section 3017

Details

• Reference: Section 3017
• Legend: §3017 – Secretary of The Army: Successors to Duties
• USCode Year: 2013

Provision Content

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  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.)

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 Text

Section 3347 of title 5, referred to in text, was repealed and a new section 3347 was enacted by Pub.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.

Amendments

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) 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 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.

U.S. Encyclopedia of Law Coverage

Chapter 301 – Definitions in the Legal Encyclopedia: Army

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10-U.S.C.-3014 in the Legal Encyclopedia: Army Organization

In this entry about 10-U.S.C.-3014, find legal reference material, bibliographies and premiere content related to army organization in the American Encyclopedia of Law, presenting a comprehensive view of the United States army organization-specific issues, written by authorities in the field.

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