US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 7017

Secretary of the Army: successors to duties

1
1 See References in Text note below.
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  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. 104170A Stat. 159Pub. L. 89–718, § 2380 Stat. 1118Pub. L. 90–235, § 4(a)(7)81 Stat. 759Pub. L. 99–433, title V, § 501(a)(6)100 Stat. 1038Pub. L. 103–337, div. A, title IX, § 902(a)108 Stat. 2823Pub. L. 115–232, div. A, title VIII, § 808(a)132 Stat. 1838(, , § 3017; , , ; , , ; , , ; , , ; renumbered § 7017, , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

3017(a)

3017(b)

5:181–5(b).

5:181–5(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.

section 3544(b) of this titleSubsection (b) is substituted for 5:181–5(c) and states the effect of .

Editorial Notes

References in Text

Section 3347 of title 5Pub. L. 105–277, div. C, title I, § 151(b)112 Stat. 2681–611section 3345 of Title 5, referred to in text, was repealed and a new section 3347 was enacted by , , , and, as so enacted, no longer contains provisions authorizing the President to direct temporary successors to duties. See , Government Organization and Employees.

Amendments

Pub. L. 115–232section 3017 of this title2018— renumbered as this section.

Pub. L. 103–3371994—Pars. (3), (4). added par. (3) and redesignated former par. (3) as (4).

Pub. L. 99–433section 3347 of title 5section 973(b) of this title1986— 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 shall not be considered as the holding of a civil office within the meaning of .”

Pub. L. 90–235section 973(b) of this titlesection 3544(b) of this title1968—Subsec. (b). substituted “” for “”.

Pub. L. 89–718section 3347 of title 5section 6 of title 51966— substituted “” for “” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232section 800 of Pub. L. 115–232section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .

Executive Documents

Order of Succession

section 3345 of Title 5For order of succession in event of death, permanent disability, or resignation of Secretary of the Army, see Ex. Ord. No. 12908, , 59 F.R. 21907, listed in a table under , Government Organization and Employees.