
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC3013]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                          PART I--ORGANIZATION
 
                   CHAPTER 303--DEPARTMENT OF THE ARMY
 
Sec. 3013. Secretary of the Army

    (a)(1) There is a Secretary of the Army, appointed from civilian 
life by the President, by and with the advice and consent of the Senate. 
The Secretary is the head of the Department of the Army.
    (2) A person may not be appointed as Secretary of the Army within 
five years after relief 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 affairs of the Department of the 
Army, including the following functions:
        (1) Recruiting.
        (2) Organizing.
        (3) Supplying.
        (4) Equipping (including research and development).
        (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 repair of buildings, 
    structures, and utilities and the acquisition of real property and 
    interests in real property necessary to carry out the 
    responsibilities specified in this section.

    (c) Subject to the authority, direction, and control of the 
Secretary of Defense, the Secretary of the Army is also responsible to 
the Secretary of Defense for--
        (1) the functioning and efficiency of the Department 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 Department of 
    the Army;
        (4) carrying out the functions of the Department of the Army so 
    as to fulfill (to the maximum extent practicable) the current and 
    future operational requirements of the unified and specified 
    combatant commands;
        (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 administration 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 
    Department 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 responsible for such other 
activities as may be prescribed by law or by the President or Secretary 
of Defense.
    (e) After first informing the Secretary of Defense, the Secretary of 
the Army may make such recommendations to Congress relating to the 
Department of Defense as he considers appropriate.
    (f) The Secretary of the Army may assign such of his functions, 
powers, and duties as he considers 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 
Secretary, 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, Sec. 501(a)(5), Oct. 1, 1986, 100 Stat. 
1035; amended Pub. L. 99-661, div. A, title V, Sec. 534, Nov. 14, 1986, 
100 Stat. 3873.)


                            Prior Provisions

    A prior section 3013, acts Aug. 10, 1956, ch. 1041, 70A Stat. 157, 
Sec. 3012; Sept. 2, 1958, Pub. L. 85-861, Sec. 1(57), 72 Stat. 1462; 
Sept. 7, 1962, Pub. L. 87-651, title II, Sec. 211, 76 Stat. 524; Aug. 
14, 1964, Pub. L. 88-426, title III, Secs. 305(2), 306(j)(1), 78 Stat. 
422, 431; Nov. 2, 1966, Pub. L. 89-718, Sec. 22, 80 Stat. 1118; 
renumbered Sec. 3013, Oct. 1, 1986, Pub. L. 99-433, title V, 
Sec. 501(a)(2), 100 Stat. 1034, related to Secretary of the Army, powers 
and duties, and delegations, prior to repeal by Pub. L. 99-433, 
Sec. 501(a)(5).
    Another prior section 3013 was renumbered section 3014 of this title 
and subsequently repealed.


                               Amendments

    1986--Subsec. (a)(2). Pub. L. 99-661 substituted ``five years'' for 
``10 years''.


     Demonstration Project for Use of Army Installations To Provide 
 Prerelease Employment Training to Nonviolent Offenders in State Penal 
                                 Systems

    Pub. L. 103-337, div. A, title X, Sec. 1065, Oct. 5, 1994, 108 Stat. 
2849, provided that:
    ``(a) Demonstration Project Authorized.--The Secretary of the Army 
may conduct a demonstration project to test the feasibility of using 
Army facilities to provide employment training to nonviolent offenders 
in a State penal system before their release from incarceration. The 
demonstration project shall be limited 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 directly at such 
installations by agreement with the State concerned.
    ``(c) Use of Facilities.--Under a cooperative agreement 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 demonstration project 
any real property or facilities at the installation that the Secretary 
considers to be appropriate for use to provide the prerelease employment 
training authorized under subsection (a). Notwithstanding 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 section 1342 of title 
31, United States Code, the Secretary may accept voluntary services 
provided by persons participating in the prerelease employment training 
authorized under subsection (a).
    ``(e) Liability and Indemnification.--(1) The Secretary may not 
enter into a cooperative agreement under subsection (b) with a nonprofit 
organization for the participation of that organization in the 
demonstration project unless the agreement includes provisions 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 employment training by the organization under the 
    demonstration 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 connection 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 personnel; 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 connection with, the provision of the training except to 
    the extent that the personal injury or property damage results from 
    a wrongful act or omission of Federal Government personnel.
    ``(f) Report.--Not later than two years after the date of the 
enactment of this Act [Oct. 5, 1994], the Secretary 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.''


                           Order of Succession

    For order of succession in event of death, disability, or 
resignation of Secretary of Defense, see Ex. Ord. No. 13000, Apr. 24, 
1996, 61 F.R. 18483, set out as a note under section 3345 of Title 5, 
Government Organization and Employees.
    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, set out as a note under section 3345 of Title 5.

                  Section Referred to in Other Sections

    This section is referred to in sections 162, 3033, 10171 of this 
title; title 32 section 113.
