
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(a)(27)]
[CITE: 10USC3014]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                          PART I--ORGANIZATION
 
                   CHAPTER 303--DEPARTMENT OF THE ARMY
 
Sec. 3014. Office of the Secretary of the Army

    (a) There is in the Department of the Army an Office of the 
Secretary of the Army. The function of the Office is to assist the 
Secretary of the Army in carrying out his responsibilities.
    (b) The Office of the Secretary of the Army is composed of the 
following:
        (1) The Under Secretary of the Army.
        (2) The Assistant Secretaries of the Army.
        (3) The Administrative Assistant to the Secretary of the Army.
        (4) The General Counsel of the Department of the Army.
        (5) The Inspector General of the Army.
        (6) The Army Reserve Forces Policy Committee.
        (7) Such other offices and officials as may be established by 
    law or as the Secretary of the Army may establish or designate.

    (c)(1) The Office of the Secretary of the Army shall have sole 
responsibility within the Office of the Secretary and the Army Staff for 
the following functions:
        (A) Acquisition.
        (B) Auditing.
        (C) Comptroller (including financial management).
        (D) Information management.
        (E) Inspector General.
        (F) Legislative affairs.
        (G) Public affairs.

    (2) The Secretary of the Army shall establish or designate a single 
office or other entity within the Office of the Secretary of the Army to 
conduct each function specified in paragraph (1). No office or other 
entity may be established or designated within the Army Staff to conduct 
any of the functions specified in paragraph (1).
    (3) The Secretary shall prescribe the relationship of each office or 
other entity established or designated under paragraph (2) to the Chief 
of Staff and to the Army Staff and shall ensure that each such office or 
entity provides the Chief of Staff such staff support as the Chief of 
Staff considers necessary to perform his duties and responsibilities.
    (4) The vesting in the Office of the Secretary of the Army of the 
responsibility for the conduct of a function specified in paragraph (1) 
does not preclude other elements of the executive part of the Department 
of the Army (including the Army Staff) from providing advice or 
assistance to the Chief of Staff or otherwise participating in that 
function within the executive part of the Department under the direction 
of the office assigned responsibility for that function in the Office of 
the Secretary of the Army.
    (5) The head of the office or other entity established or designated 
by the Secretary to conduct the auditing function shall have at least 
five years of professional experience in accounting or auditing. The 
position shall be considered to be a career reserved position as defined 
in section 3132(a)(8) of title 5.
    (d)(1) Subject to paragraph (2), the Office of the Secretary of the 
Army shall have sole responsibility within the Office of the Secretary 
and the Army Staff for the function of research and development.
    (2) The Secretary of the Army may assign to the Army Staff 
responsibility for those aspects of the function of research and 
development that relate to military requirements and test and 
evaluation.
    (3) The Secretary shall establish or designate a single office or 
other entity within the Office of the Secretary of the Army to conduct 
the function specified in paragraph (1).
    (4) The Secretary shall prescribe the relationship of the office or 
other entity established or designated under paragraph (3) to the Chief 
of Staff of the Army and to the Army Staff and shall ensure that each 
such office or entity provides 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 
functions for which the Secretary has assigned responsibility to the 
other.
    (f)(1) The total number of members of the armed forces and civilian 
employees of the Department 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 3,105.
    (2) Not more than 1,865 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 assigned or detailed to 
permanent duty in the Office of the Secretary of the Army and on the 
Army Staff may not exceed 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.
    (4) The limitations in paragraphs (1), (2), and (3) do not apply in 
time of war or during a national emergency declared by the President or 
Congress. The limitation in paragraph (2) does not apply whenever the 
President determines that it is in the national interest to increase the 
number of officers assigned or detailed to permanent duty in the Office 
of the Secretary of the Army or on the Army Staff.

(Added Pub. L. 99-433, title V, Sec. 501(a)(5), Oct. 1, 1986, 100 Stat. 
1036; amended Pub. L. 100-180, div. A, title XIII, Sec. 1314(b)(7), Dec. 
4, 1987, 101 Stat. 1175; Pub. L. 100-456, div. A, title III, 
Sec. 325(a), Sept. 29, 1988, 102 Stat. 1955; Pub. L. 101-189, div. A, 
title VI, Sec. 652(a)(4), Nov. 29, 1989, 103 Stat. 1461.)

                       References in Text

    The date of the enactment of this subsection, referred to in subsec. 
(f)(3), is the date of enactment of Pub. L. 99-433, which was approved 
Oct. 1, 1986.


                            Prior Provisions

    A prior section 3014, acts Aug. 10, 1956, ch. 1041, 70A Stat. 158, 
Sec. 3013; Aug. 6, 1958, Pub. L. 85-599, Sec. 8(a), 72 Stat. 519; Sept. 
2, 1958, Pub. L. 85-861, Sec. 1(58), 72 Stat. 1462; Aug. 14, 1964, Pub. 
L. 88-426, title III, Sec. 305(3), 78 Stat. 422; Dec. 1, 1967, Pub. L. 
90-168, Sec. 2(12), 81 Stat. 523; Dec. 31, 1970, Pub. L. 91-611, title 
II, Sec. 211(a), 84 Stat. 1829; Nov. 9, 1979, Pub. L. 96-107, title 
VIII, Sec. 820(b), 93 Stat. 819; Sept. 24, 1983, Pub. L. 98-94, title 
XII, Sec. 1212(c)(1), 97 Stat. 687; renumbered Sec. 3014, Oct. 1, 1986, 
Pub. L. 99-433, title V, Sec. 501(a)(2), 100 Stat. 1034, related to 
Under Secretary and Assistant Secretaries of the Army, appointment, and 
duties, prior to repeal by Pub. L. 99-433, Sec. 501(a)(5). See sections 
3015 and 3016 of this title.
    Another prior section 3014 was renumbered section 3015 of this title 
and subsequently repealed.


                               Amendments

    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''.


                    Effective Date of 1988 Amendment

    Requirements of subsec. (c)(5) of this section applicable with 
respect to any person appointed on or after Sept. 29, 1988, as head of 
office or other entity designated 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 5014 of this title.


                             Effective Date

    Section 532(a) of Pub. L. 99-433 provided that: ``The provisions of 
subsections (c) and (d) of each of sections 3014, 5014, and 8014 of 
title 10, United States Code, as added by sections 501, 511, and 521, 
respectively, shall be implemented not later than 180 days after the 
date of the enactment of this Act [Oct. 1, 1986].''

                  Section Referred to in Other Sections

    This section is referred to in section 3032 of this title.
