10 U.S.C. § 7016

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 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 Secretary of the Army may prescribe.

(2) One of the Assistant Secretaries shall be the Assistant Secretary of the Army for Manpower and Reserve Affairs. He shall have as his principal duty the overall supervision of manpower and reserve component affairs of the Department 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 Department of the Army relating to programs for conservation and development of the national water resources, including flood control, navigation, shore protection, and related purposes.

(4)

(A) One of the Assistant Secretaries shall be the Assistant Secretary of the Army for Financial Management.

(B) The Assistant Secretary shall be appointed from among persons who have significant budget, financial management, or audit experience in complex organizations.

(C) The principal responsibility of the Assistant Secretary shall be the exercise of the comptroller functions of the Department of the Army, including financial management functions. The Assistant Secretary shall be responsible for all financial management activities and operations of the Department of the Army and shall advise the Secretary of the Army on financial management.

(5)

(A) One of the Assistant Secretaries shall be the Assistant Secretary of the Army for Acquisition, 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 Principal 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 position of Principal Military Deputy shall be designated as a critical acquisition position under section 1731 of this title. 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.

(6)

(A) One of the Assistant Secretaries shall be the Assistant Secretary for Energy, Installations, and Environment.

(B) The principal duty of the Assistant Secretary for Energy, Installations, and Environment shall be the overall supervision of energy, installation, and environment matters for the Department of the Army.

10 U.S.C. § 7016

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 PROVISIONSProvisions similar to those in this section were contained in section 3013 of this title prior to enactment of Pub. L. 99-433.

AMENDMENTS2019-Subsec. (b)(5)(A). Pub. L. 116-92, §1731(a) (64), substituted "Assistant Secretary of the Army for Acquisition, 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), substituted "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), substituted "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 qualifications imposed by the amendments made by this section [amending this section and sections 5016 and 8016 of this title] shall apply with respect to an appointment as an Assistant Secretary of a military department 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 section 5016 of this title] shall take effect on January 20, 1989."

active duty

The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.

officer

The term "officer" means a commissioned or warrant officer.