
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: 10USC3017]

 
                         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

    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:
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    \1\ See References in Text note below.
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        (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, Sec. 23, Nov. 
2, 1966, 80 Stat. 1118; Pub. L. 90-235, Sec. 4(a)(7), Jan. 2, 1968, 81 
Stat. 759; Pub. L. 99-433, title V, Sec. 501(a)(6), Oct. 1, 1986, 100 
Stat. 1038; Pub. L. 103-337, div. A, title IX, Sec. 902(a), Oct. 5, 
1994, 108 Stat. 2823.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
3017(a)...............................  5:181-5(b).                          Ju
ne 28, 1950, ch. 383, Sec.  102
3017(b)...............................  5:181-5(c).                           (
less (a)), 64 Stat. 265.
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---------------------------------

    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, 
Sec. 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, 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.
