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Section 2670. Licenses: military installations; erection and use

of buildings; American National Red Cross. Under such conditions as he may prescribe, the Secretary of any military department may issue a revocable license to the American National Red Cross to

(1) erect and maintain, on any military installation under his jurisdiction, buildings for the storage of supplies; or

(2) use, for the storage of supplies, buildings erected by the United States. Supplies stored in buildings erected or used under this section are available to aid the civilian population in a serious national disaster. (Aug. 10, 1956, c. 1041, § 1, 70A Stat. 151.)

Section 2672. Acquisition: interests in land when cost is not

more than $5,000. The Secretary of a military department may acquire any interest in land that

(1) he determines is urgently needed in the interest of national defense; and

(2) does not cost more than $5,000, exclusive of administrative costs and the amounts of any deficiency judgments. This section does not apply to the acquisition, as a part of the same project, of more than one parcel of land unless the parcels are non-contiguous, or, if contiguous, unless the total cost is not more than $5,000. Added Pub. L. 85–861, § 1(51), Sept. 2, 1958, 72 Stat. 1459.

Section 2673. Restoration or replacement of facilities damaged

or destroyed. With the approval of the Secretary of Defense and after notifying the Committees on Armed Services of the Senate and the House of Representatives, the Secretary of a military department may acquire, construct, rehabilitate, and install temporary or permanent public works, including appurtenances, utilities, equipment, and the preparation of sites, to restore or replace facilities that have been damaged or destroyed. Added Pub.L. 85–861, $ 1(51), Sept. 2, 1958, 72 Stat. 1459.

Section 2674. Establishment and development of military facili

ties and installations costing less than $200,000. (a) Under such regulations as the Secretary of Defense may prescribe, the Secretary of a military department may acquire, construct, convert, extend, and install, at military installations and facilities, urgently needed permanent or temporary public works not otherwise authorized by law, including the preparation of sites and the furnishing of appurtenances, utilities, and equipment, but excluding the construction of family quarters.

(b) This section does not authorize a project costing more than $200,000. A project costing more than $50,000 must be approved in advance by the Secretary of Defense, and a project costing more than $25,000 must be approved in advance by the Secretary concerned.

(c) Not more than one allotment may be made for any project authorized under this section.

(d) Not more than $50,000 may be spent under this section during a fiscal year to convert structures to family quarters at any one installation or facility.

(e) Appropriations available for military construction may be used for the purposes of this section. In addition, the Secretary concerned may spend, from appropriations available for maintenance and operations, amounts necessary for any project costing not more than $25,000 that is authorized under this section.

(f) The Secretary of each military department shall report in detail every six months to the Committees on Armed Services of the Senate and House of Representatives on the administration of this section. Added Pub.L. 85-861, § 1(51), Sept. 2, 1958, 72 Stat. 1459.

Section 2675. Leases: foreign countries: structures not on a

military base. Notwithstanding any other provision of law, the Secretary of a military department may acquire by lease, in any foreign country, structures and real property relating thereto that are not located on a military base and that are needed for military purposes. A lease under this section may not be for a period of more than five years. Added Pub.L. 85–861, § 1(51), Sept. 2, 1958, 72 Stat. 1460. Section 2676. Acquisition: limitation.

No military department may acquire real property not owned by the United States unless the acquisition is expressly authorized by law. Added Pub.L. 85–861, $ 1(51), Sept. 2, 1958, 72 Stat. 1460.

Section 2677. Options: property required for public works pro

jects of military departments. (a) Before acquisition of a parcel of real property is authorized by law, the Secretary of a military department may acquire an option on it, if he considers it suitable and likely to be needed for a public works project of his department.

(b) As consideration for an option acquired under subsection (a), the Secretary may pay, from funds available to his department for real property activities, an amount that is not more than 3 percent of the appraised fair market value of the property for each year the option is to continue, and proportionately for any other period.

(c) For each six-month period ending on June 30 or December 31, during which he acquires options under subsection (a), the Secretary of each military department shall report those options to the Committees on Armed Services of the Senate and House of Representatives. Added Pub.L. 85–861, § 1(51), Sept. 2, 1958, 72 Stat. 1460.

Section 2678. Acquisition of mortgaged housing units.

The Secretary of a military department may buy, subject to the mortgage, any housing unit that is subject to a mortgage insured under Title VI or IX of the National Housing Act (12 U.S.C. 1736 et seq. and 1750 et seq.), if the housing unit is—

(1) located near a military installation; and

(2) suitable and adequate for housing members of the armed forces and their dependents. The Secretary may assume the obligation to make the payments on the mortgage that become due after the date of acquisition, and to make these payments he may use appropriations available for the construction of military public works. Added Pub.L. 85-861, § 1(51), Sept. 2, 1958, 72 Stat. 1460.

CHAPTER 161.–PROPERTY RECORDS Section 2701. Basis: reports.

(a) Under regulations prescribed by him, the Secretary of Defense shall have the records of the fixed property, installations, major equipment items, and stored supplies of the military departments maintained on both a quantitative and a monetary basis, so far as practicable.

(b) The Secretary shall report once a year to Congress and the President on property records maintained under this action. (Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 152.)

CHAPTER 303.DEPARTMENT OF THE ARMY Section 3012. Secretary of the Army: powers and duties; dele

gation by; compensation. (a) There is a Secretary of the Army, who is the head of the Department of the Army.

(b) The Secretary is responsible for and has the authority necessary to conduct all affairs of the Department of the Army, including

(1) functions necessary or appropriate for the training, operations, administration, logistical support and maintenance, welfare, preparedness, and effectiveness of the Army, including research 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 President 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 Secretary, or an Assistant Secretary

(d) The Secretary or, as he may prescribe, the Under Secretary or an Assistant Secretary shall supervise all matters relating to

(1) the procurement activities of the Department of the Army; and

(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 personnel 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 $22,000 a year. Aug. 10, 1956, c. 1041, § 1, 70A Stat. 157, amended Sept. 2, 1958, Pub. L. 85-861, § 1(57), 72 Stat. 1462.

Section 3013. Under Secretary of the Army: Assistant Secre

taries of the Army. (a) There are an Under Secretary of the Army and three Assistant Secretaries of the Army in the Department of the Army. They shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.

(b) The compensation of the Under Secretary and of each of the four Assistant Secretaries is $20,000 a year. Aug. 10, 1956, c. 1041, § 1, 70A Stat. 158, amended Aug. 6, 1958, Pub. L. 85–599, § 8(a), 72 Stat. 519; Sept. 2, 1958, Pub. L. 85–861, § 1(58), 72 Stat. 1462.

Section 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 matters in the Department of the Army organized and conducted consistently 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 (1)-(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 appointed by the Secretary of the Army. 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) (1)-(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. (Aug. 10, 1956, ch. 1041, § 1, 70A, Stat. 158.)

CHAPTER 305.-THE ARMY STAFF

Section 3037. Judge Advocate General, Assistant Judge Advocate

General, and general officers of Judge Advocate

General's Corp: appointment; duties. (a) The President, by and with the advice and consent of the Senate, shall appoint the Judge Advocate General, the Assistant Judge Advocate General, and general officers of the Judge Advocate General's Corps, from officers of the Judge Advocate General's Corps who are recommended by the Secretary of the Army. An officer appointed as the Judge Advocate General or Assistant Judge Advocate General normally holds office for four years. However, the President may terminate or extend the appointment at any time. If an officer who is so appointed holds a lower regular grade, he shall be appointed in the regular grade of major general.

(b) The Judge Advocate General shall be appointed from those officers who at the time of appointment are members of the bar of a Federal court or the highest court of a State or Territory, and who have had at least eight years of experience in legal duties as commissioned officers.

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