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Subtitle B—Army PART I

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Subtitle B—Army PART I 156 §2772. Withholding pay of officers The pay of an officer of the Army, Navy, Air Force, or Marine Corps may be withheld, under section 82 of title 5, only for an indebtedness to the United States admitted by the officer or shown by the judg­ ment of a court, or upon a special order issued in the discretion of the Secretary of the military department concerned. Subtitle B—Army PART I. ORGANIZATION CHAP. Sec. 801. Definitions 3001 303. Department of the Army 3011 305. The Army Staff 3031 307. The Army 3061 PART II. PERSONNEL 331. Strength 3201 333. Enlistments 3251 335. Appointments in the Regular Army 3281 337. Appointments as Reserve Officers 3351 339. Temporary Appointments 3441 341. Active Duty 3491 343. Special Appointments, Assignments, Details, and Duties 3ri31 345. Rank and Command 3571 347. The Uniform 3611 349. Miscellaneous Prohibitions and Penalties 3631 351. United States Disciplinary Barracks 3661 353. Miscellaneous Rights and Benefits 3681 3.55. Hospitalization 3721 357. Decorations and Awards 3741 359. Separation from Regular Army for Failure to Meet Standards 3781 361. Separation for Various Reasons 3811 363. Separation or Transfer to Retired Reserve. [No present sections] 365. Retirement for Age 3881 367. Retirement for Length of Service 3011 369. Retired Grade 3961 371. Computation of Retired Pay 3991 373. Civilian Employees 4021 PART III. TRAINING 401. Training Generally 4801 403. United States Military Academy 4331 405. Reserve Ofllcers' Training Corps 4381 407. Schools and Camps 4411 PART IV. SERVICE, SUPPLY, AND PROCUREMENT 431. Industrial Mobilization, Research, and Development 4501 433. Procurement 4.5.31 435. Issue of Serviceable Material to Armed Forces 4.561 437. Utilities and Services 4591 439. Sale of Serviceable Material 4621 441. Issue of Serviceable Material Other Than to Armed Forces 4651 443. Disposal of Obsolete or Surplus Material 4681 445. Inquests; Disposition of Effects of Deceased Persons; Captured Flags- 4711 447. Transportation 4741 449. Real Property 4771 451. Military Claims 4801 453. Accountability and Responsibility 4831 167 PART I. ORGANIZATION CHAP. Sec. 301. Definitions 3001 303. Department of the Army 3011 305. The Army Staff 3031 307. The Army 3061 CHAPTER 301.—DEFINITIONS Sec. 3001. Definitions. § 3001. Definitions In this title, "Army" means the Army or Armies referred to in the Constitution of the United States, less that part established by law as the Air Force. CHAPTER 303.—DEPARTMENT OF THE ARMY Sec. 3011. Department of the Army: seal. 3012. Serrerary of the Army: powers and duties; delegation by; compensation. 3013. Under Secretary of the Army: Assistant Secretaries of the Army. 3014. Coniptroller of the Army: appointment; functions. 3015. Chief of National Guard Bureau: appointment; acting chief. 3016. Administrative Assistant. 3017. Secretary of the Army: successors to duties. § 3011. Department of the Army: seal The Secretary of the Army shall have a seal for the Department of the Army. The desig:n of the seal must be approved by the Presi­ dent. .Judicial notice shall be taken of the seal. §3012. Secretary of the Army: powers and duties; delegation by; compensation (a) There is a Secretary of the Army, who is the head of the Department of the Army. (b) Tlip Seoretarv is responsible for and has the authority neces­ sary to conduct all affairs of the Department of the Army, including— (1) functions necessary or appropriate for the training, opera­ tions, administration, logistical support and maintenance, wel­ fare, preparedness, and effectiveness of the Army, including re­ search and development; and (2) such other activities as may be prescribed by the President or the Secretary of Defense as authorized by law. He shall perform such other duties relating to Army affairs, and conduct the business of the Department in such manner, as the Presi­ dent or the Secretary of Defense may prescribe. (c) The Secretary may assign such of his 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 Secretarv. or an Assistant Serretarv. (d) The Secretary or, as he may prescribe, the Under Sexjretary or an Assistant Secretary shall supervise all matters relating to— (1 ^ the procurement activities of the Department of the Army: and 158 (2) planning for the mobilization of materials and industrial organizations essential to the wartime needs of the Army. (e) The Secretary, as he considers appropriate, may assign, detail, and prescribe the duties of members of the Army and civilian per­ sonnel of the Department of the Army. (f) The Secretary may change the title of any other officer, or of any activity, of the Department of the Army. (g) The Secretary may prescribe regulations to carry out his functions, powers, and duties under this title. (h) The compensation of the Secretary is $18,000 a year. §3013. Under Secretary of the Army; Assistant Secretaries of the Army (a) There are an Under Secretary of the Army and four Assistant Secretaries of the Army in the Department of the Army. The Under Secretary and the Assistant Secretaries shall be appointed from civil­ ian life by the President, by and with the advice and consent of the Senate. The Secretary of the Army shall designate one Assistant Secretary as Assistant Secretary of the Army for Financial Manage­ ment. He may also designate that Assistant Secretary as Comptroller of the Army. (b) The compensation of the Under Secretary and of the Assistant Secretaries is that prescribed by law for assistant secretaries of execu­ tive departments, §3014. Comptroller of the Army: appointment; functions (a) Subject to the authority, direction, and control of the Secretary of Defense, the Secretary of the Army shall have the following mat­ ters in the Department of the Army organized and conducted con­ sistently with the operations of the Office of the Comptroller of the Department of Defense: (1) Budgeting. (2) Accounting. (3) Progress and statistical reporting. (4) Internal audit. (5) Administrative organization structure, and managerial procedures, relating to the matters covered by clauses (l)-(4). (b) There are a Comptroller of the Army and a Deputy Comptroller of the Army in the Department of the Army. They shall be ap­ pointed by the Secretarv of the Armv. The Secretary may appoint either civilian or military personnel to these offices. If either the Comptroller or the Deputy Comptroller is not a civilian, the other must be a civilian. (c) Subject to the authority of the Secretary of the Army, the Comptroller is responsible for the matters in the Department of the Army named in subsection (a) (l)-(5). (d) The Comptroller is under the direction and supervision of, and is directly responsible to, either the Secretary of the Army, the Under Secretary, or an Assistant Secretary. However, this subsection does not prevent the Comptroller from having concurrent responsibility to the Chief of Staff, the Vice Chief of Staff, or a Deputy Chief of Staff, if the Secretary so prescribes. 159 §3015. Chief of National Guard Bureau: appointment; actinsf chief (a) The President, by and with the advice and consent of the Senate, shall appoint the Chief of the National Guard Bureau from ofl&cers of the Army National Guard of the United States or the Air Na­ tional Guard of the United States who— (1) have been recommended by their respective governors; (2) have had at least 10 years of commissioned service in tha active National Guard; and (3) are in a grade above lieutenant colonel. (b) The Chief of the National Guard Bureau holds office for four years, but may be removed for cause at any time and may not hold that office after he becomes 64 years of age. He is eligible to succeed himself. If he holds a lower reserve grade he shall be appointed as a Reserve in his armed force in the grade of major general for service in the Army National Guard of the United States or the Air National Guard of the United States, as the case may be. (c) If the Chief of the National Guard Bureau is unable, because of disability, to perform the functions of his office, or if that office is vacant, the senior officer of the Army National Guard of the United States or the Air National Guard of the United States on duty in the Bureau shall act as its chief until the disability ceases or a successor is appointed. § 3016. Administrative Assistant (a) There is an Administrative Assistant in the Department of the Army. The Administrative Assistant shall be appointed by the Secre­ tary of the Army and shall perform duties that the Secretary considers appropriate. (b) During a vacancy in the office of Secretary, the Administrative Assistant has charge and custody of all records, books, and papers of the Department of the Army. (c) The Secretary may authorize the Administrative Assistant to sign, during the temporary absence of the Secretary, any paper re­ quiring his signature. In such a case, the Administrative Assistant's signature has the same effect as the Secretary's signature. § 3017. Secretary of the Army: successors to duties (a) If the Secretary of the Army dies, resigns, is removed from office, is absent, or is disabled, the person who is highest on the follow­ ing list, and who is not absent or disabled, shall perform the duties of the Secretary until the President, under section 6 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 order of their length of service as such.
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