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LegalText 10 U.S.C. § 7017 Secretary of the Army: successors to duties us united_states_code code_section 10 ARMED FORCES 703 DEPARTMENT OF THE ARMY 7017 10 U.S.C. § 7017 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s7017 data/legal/raw/us/code/title-10/usc10.xml 952eb1f4ed67b89e070ee1a6be4804e7cc75eee8889831a32f7adf31f6b2ee3e 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 6f23795acdc5f56f9feb4b009ac8be8e6d42ea7a91ad3589071db252adb56402 2026-07-04 official
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10 U.S.C. § 7017 - Secretary of the Army: successors to duties

Text

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 11 See References in Text note below. 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, § 3017; Pub. L. 89718, § 23, Nov. 2, 1966, 80 Stat. 1118; Pub. L. 90235, § 4(a)(7), Jan. 2, 1968, 81 Stat. 759; Pub. L. 99433, title V, § 501(a)(6), Oct. 1, 1986, 100 Stat. 1038; Pub. L. 103337, div. A, title IX, § 902(a), Oct. 5, 1994, 108 Stat. 2823; renumbered § 7017, Pub. L. 115232, div. A, title VIII, § 808(a), Aug. 13, 2018, 132 Stat. 1838.)

Notes

Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 3017(a)3017(b)5:1815(b).5:1815(c).June 28, 1950, ch. 383, § 102 (less (a)), 64 Stat. 265. 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 5:1815(c) and states the effect of section 3544(b) of this title.

Editorial Notes

References in TextSection 3347 of title 5, referred to in text, was repealed and a new section 3347 was enacted by Pub. L. 105277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681611, 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.

Amendments2018—Pub. L. 115232 renumbered section 3017 of this title as this section. 1994—Pars. (3), (4). Pub. L. 103337 added par. (3) and redesignated former par. (3) as (4). 1986—Pub. L. 99433 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. 90235 substituted “section 973(b) of this title” for “section 3544(b) of this title”. 1966—Pub. L. 89718 substituted “section 3347 of title 5” for “section 6 of title 5” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 AmendmentAmendment by Pub. L. 115232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115232, set out as a note preceding section 3001 of this title.

Executive Documents

Order of SuccessionFor 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, Government Organization and Employees.