§ 7013. Secretary of the Army

§ 7013. Secretary of the Army

(a)

(1) There is a Secretary of the Army, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Secretary shall, to the greatest extent practicable, be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management or leadership experience. The Secretary is the head of the Department of the Army.

(2) A person may not be appointed as Secretary of the Army within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.

(b) Subject to the authority, direction, and control of the Secretary of Defense and subject to the provisions of chapter 6 of this title, the Secretary of the Army is responsible for, and has the authority necessary to conduct, all affairs of the Department of the Army, including the following functions:

(1) Recruiting.

(2) Organizing.

(3) Supplying.

(4) Equipping (including research and development).

(5) Training.

(6) Servicing.

(7) Mobilizing.

(8) Demobilizing.

(9) Administering (including the morale and welfare of personnel).

(10) Maintaining.

(11) The construction, outfitting, and repair of military equipment.

(12) The construction, maintenance, and repair of buildings, structures, and utilities and the acquisition of real property and interests in real property necessary to carry out the responsibilities specified in this section.

(c) Subject to the authority, direction, and control of the Secretary of Defense, the Secretary of the Army is also responsible to the Secretary of Defense for—

(1) the functioning and efficiency of the Department of the Army;

(2) the formulation of policies and programs by the Department of the Army that are fully consistent with national security objectives and policies established by the President or the Secretary of Defense;

(3) the effective and timely implementation of policy, program, and budget decisions and instructions of the President or the Secretary of Defense relating to the functions of the Department of the Army;

(4) carrying out the functions of the Department of the Army so as to fulfill the current and future operational requirements of the unified and specified combatant commands;

(5) effective cooperation and coordination between the Department of the Army and the other military departments and agencies of the Department of Defense to provide for more effective, efficient, and economical administration and to eliminate duplication;

(6) the presentation and justification of the positions of the Department of the Army on the plans, programs, and policies of the Department of Defense; and

(7) the effective supervision and control of the intelligence activities of the Department of the Army.

(d) The Secretary of the Army is also responsible for such other activities as may be prescribed by law or by the President or Secretary of Defense.

(e) After first informing the Secretary of Defense, the Secretary of the Army may make such recommendations to Congress relating to the Department of Defense as he considers appropriate.

(f) The Secretary of the Army may assign such of his functions, powers, and 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 Secretary, or any Assistant Secretary.

(g) The Secretary of the Army may—

(1) assign, detail, and prescribe the duties of members of the Army and civilian personnel of the Department of the Army;

(2) change the title of any officer or activity of the Department of the Army not prescribed by law; and

(3) prescribe regulations to carry out his functions, powers, and duties under this title.

(Added Pub. L. 99–433, title V, § 501(a)(5), Oct. 1, 1986, 100 Stat. 1035, § 3013; amended Pub. L. 99–661, div. A, title V, § 534, Nov. 14, 1986, 100 Stat. 3873; Pub. L. 108–136, div. A, title IX, § 901, Nov. 24, 2003, 117 Stat. 1558; Pub. L. 114–328, div. A, title IX, § 931(a), Dec. 23, 2016, 130 Stat. 2362; renumbered § 7013, Pub. L. 115–232, div. A, title VIII, § 808(a), Aug. 13, 2018, 132 Stat. 1838; Pub. L. 117–81, div. A, title IX, § 901(c), Dec. 27, 2021, 135 Stat. 1868.)

Editorial Notes

Amendments

2021—Subsec. (a)(2). Pub. L. 117–81 substituted “seven” for “five”.

2018—Pub. L. 115–232 renumbered section 3013 of this title as this section.

2016—Subsec. (a)(1). Pub. L. 114–328 inserted “The Secretary shall, to the greatest extent practicable, be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management or leadership experience.” after first sentence.

2003—Subsec. (c)(4). Pub. L. 108–136 struck out “(to the maximum extent practicable)” after “fulfill”.

1986—Subsec. (a)(2). Pub. L. 99–661 substituted “five years” for “10 years”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–81 applicable with respect to appointments made on or after Dec. 27, 2021, see section 901(g) of Pub. L. 117–81, set out as a note under section 113 of this title.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Centralized Security Monitoring Program for Facilities of the Army

Pub. L. 118–159, div. A, title I, § 111, Dec. 23, 2024, 138 Stat. 1801, provided that: “(a) In General.—The Secretary of the Army, in coordination with the heads of relevant organizations of the Department of Defense and other departments and agencies of the Federal Government, shall develop a plan for the implementation of a Centralized Security Monitoring Program (referred to in this section as the ‘Program’) for installations and facilities of the Department of the Army within the United States. “(b) Elements.—The plan required by subsection (a) shall include the following:“(1) Proposed security solution.—A proposal for the development and implementation of a cost-effective, scalable solution to modernize and centralize security operations across Army facilities in the United States with full consideration given to minimizing operational impacts while maximizing technological advantages for enhanced security. “(2) Locations.—Identification of at least three military installations selected to host the Program. These locations shall—“(A) serve as the primary hubs for the continuous monitoring of installation security across all installations of the Department of the Army in the United States; “(B) represent a mix of large and extra-large facilities, as defined by the 2016 business case analysis conducted by the Provost Marshal General of the Army; and “(C) be chosen based on geographical diversity and their strategic importance to the Army’s overall security infrastructure. “(3) Cost.—A comprehensive breakdown of the full costs of the Program, including—“(A) initial capital expenditure for system implementation; “(B) the cost of networking all installations and facilities across the Department of the Army within the United States; “(C) estimated operation and maintenance costs; “(D) a detailed funding schedule with expenditures projected across the period covered by the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code (as of the date of the plan); and “(E) identification of potential cost-saving opportunities from the consolidation of current security monitoring systems. “(4) Analysis of viability.—An assessment of the viability of funding and sustaining the Program across the period covered by the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code (as of the date of the plan), considering—“(A) the financial impact relative to existing Army security infrastructure budgets; “(B) cost-benefit analysis of upgrading existing systems versus implementing new technologies at each selected location; and “(C) identification of technological challenges or barriers to implementing modern monitoring solutions. “(5) Authorities.—A list of any additional authorities, appropriations, or other resources necessary to ensure the success of the Program. “(c) Submittal to Congress.—Not later than September 1, 2025, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and House of Representatives a completed version of the plan developed under subsection (a). “(d) Limitation on Commencement.—The Secretary of the Army may not commence implementation of the Program until the date on which the Secretary certifies to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] that sufficient appropriations for military construction and operational costs have been programmed to fund the Program. “(e) Deadline for Implementation.—“(1) In general.—Except as provided in paragraph (2), the Secretary of the Army shall implement the Program by not later than January 1, 2027. “(2) Alternative implementation date.—In the event the certification described in subsection (d) is not submitted on or before January 1, 2027, the Secretary of the Army shall implement the Program as soon as practicable after the date on which such certification is so submitted.”

Strategy for Army Tactical Wheeled Vehicle Program

Pub. L. 118–31, div. A, title I, § 112, Dec. 22, 2023, 137 Stat. 166, as amended by Pub. L. 119–60, div. A, title I, § 111, Dec. 18, 2025, 139 Stat. 750, provided that: “(a) Strategy Required.—In the budget justification materials submitted in support of the budget of the Department of Defense (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) for each of fiscal years 2025, 2027, 2030, and 2035, the Secretary of the Army shall include a report on the strategy of the Army for tactical wheeled vehicles. “(b) Requirements for Strategy.—Each strategy required by subsection (a) shall—“(1) align with the applicable national defense strategy under section 113(g) of title 10, United States Code, and applicable policies; “(2) be designed so that the force of tactical wheeled vehicles provided under the strategy supports the national security strategy of the United States as set forth in the most recent national security strategy report of the President under section 108 of the National Security Act of 1947 (50 U.S.C. 3043); and “(3) define capabilities and capacity requirements across the entire fleet of tactical wheeled vehicles, including—“(A) light, medium, and heavy tactical wheeled vehicles; and “(B) associated trailer and support equipment. “(c) Strategy Elements.—Each strategy required by subsection (a) shall include the following:“(1) A detailed program for the construction of light, medium, and heavy tactical wheeled vehicles for the Army over the period of five fiscal years following the date of the strategy. “(2) A description of the necessary force structure and capabilities of tactical wheeled vehicles to meet the requirements of the national security strategy described in subsection (b)(2). “(3) The estimated levels of annual funding, by vehicle class, in both graphical and tabular form, necessary to carry out the program described in paragraph (1), together with a discussion of the procurement strategies on which such estimated levels of annual funding are based. “(4) The estimated total cost of construction for each vehicle class used to determine the estimated levels of annual funding described in paragraph (3). “(d) Considerations.—In developing each strategy required by subsection (a), the Secretary of the Army shall consider the following objectives and factors:“(1) Objectives relating to protection, fleet operations, mission command, mobility, and the industrial base. “(2) Technological advances that are expected to increase efficiency of and reduce demand for tactical wheeled vehicles. “(3) Technological advances that allow for the operation of tactical wheeled vehicles in a variety of climate and geographic conditions. “(4) Existing commercial technologies such as vehicle electrification, autonomous capabilities, and predictive maintenance, among others. “(5) The capabilities of autonomous equivalents to tactical wheeled vehicles. “(e) Briefing Requirements.—Not later than 15 days after each budget submission described in subsection (a), in conjunction with the submission of each strategy required by such subsection, the Secretary of the Army shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing that addresses the investment needed for each platform of tactical wheeled vehicle of the Army across the period covered by the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code (as of the date of the briefing).”

Increased Fitness Standards for Army Close Combat Force Military Occupational Specialties

Pub. L. 118–31, div. A, title V, § 577, Dec. 22, 2023, 137 Stat. 278, provided that: “(a) Implementation.—Not later than 18 months after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of the Army shall implement increased minimum fitness standards as part of the Army Combat Fitness Test for all soldiers of the following military occupational specialties or areas of concentration:“(1) 11A. “(2) 11B. “(3) 11C. “(4) 11Z. “(5) 12A. “(6) 12B. “(7) 13A. “(8) 13F. “(9) 18A. “(10) 18B. “(11) 18C. “(12) 18D. “(13) 18E. “(14) 18F. “(15) 18Z. “(16) 19A. “(17) 19C. “(18) 19D. “(19) 19K. “(20) 19Z. “(b) Briefing.—Not later than 365 days after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of the Army provide [sic] a briefing to the Committees on Armed Services of the Senate and House of Representatives describing the methodology used to establish standards under subsection (a).”

Pilot Programs for Tactical Vehicle Safety Data Collection