-CITE- 10 USC CHAPTER 503 - DEPARTMENT OF THE NAVY 1/15/2013 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 503 - DEPARTMENT OF THE NAVY -HEAD- CHAPTER 503 - DEPARTMENT OF THE NAVY -MISC1- Sec. 5011. Organization. 5012. Department of the Navy: seal. 5013. Secretary of the Navy. 5013a. Secretary of the Navy: powers with respect to Coast Guard. 5014. Office of the Secretary of the Navy. 5015. Under Secretary of the Navy. 5016. Assistant Secretaries of the Navy. 5017. Secretary of the Navy: successors to duties. 5018. Administrative Assistant. 5019. General Counsel. 5020. Naval Inspector General: detail; duties. [5021. Repealed.] 5022. Office of Naval Research: duties. 5023. Office of Naval Research: appropriations; time limit. 5024. Naval Research Advisory Committee. 5025. Financial management. 5026. Consultation with Commandant of the Marine Corps on major decisions directly concerning Marine Corps aviation. 5027. Chief of Legislative Affairs. 5028. Director of Small Business Programs. AMENDMENTS 2006 - Pub. L. 109-163, div. A, title IX, Sec. 904(d)(2), Jan. 6, 2006, 119 Stat. 3401, added item 5028. 2002 - Pub. L. 107-314, div. A, title V, Sec. 504(d)(1)(B), Dec. 2, 2002, 116 Stat. 2532, added item 5027. 1998 - Pub. L. 105-261, div. A, title IX, Sec. 935(b), Oct. 17, 1998, 112 Stat. 2110, added item 5026. 1990 - Pub. L. 101-510, div. A, title IX, Sec. 910(b)(2), Nov. 5, 1990, 104 Stat. 1625, struck out item 5021 "Office of Naval Research: Chief; appointment, term, emoluments; Assistant Chief; succession to duties". 1988 - Pub. L. 100-456, div. A, title VII, Sec. 702(b)(3), Sept. 29, 1988, 102 Stat. 1995, added item 5025. 1986 - Pub. L. 99-433, title V, Sec. 511(f), Oct. 1, 1986, 100 Stat. 1048, amended analysis generally, substituting items 5011 to 5024 for former items 5011 to 5014. 1964 - Pub. L. 88-426, title III, Sec. 305(40)(B), Aug. 14, 1964, 78 Stat. 427, struck out item 5014 "Compensation of General Counsel". 1958 - Pub. L. 85-861, Sec. 1(106)(B), Sept. 2, 1958, 72 Stat. 1490, added item 5014. -End- -CITE- 10 USC Sec. 5011 1/15/2013 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 503 - DEPARTMENT OF THE NAVY -HEAD- Sec. 5011. Organization -STATUTE- The Department of the Navy is separately organized under the Secretary of the Navy. It operates under the authority, direction, and control of the Secretary of Defense. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 277; Pub. L. 87-651, title II, Sec. 212, Sept. 7, 1962, 76 Stat. 524; Pub. L. 99-433, title V, Sec. 511(b)(2), (c)(1), Oct. 1, 1986, 100 Stat. 1043.) -MISC1- HISTORICAL AND REVISION NOTES 1956 ACT The Act of July 26, 1947, ch. 343, as amended (5 U.S.C. 411a(a)) which is the National Security Act of 1947, defined "Department of the Navy". The Acts of Mar. 5, 1948, ch. 98 (5 U.S.C. 423a(a)), and Aug. 2, 1946, ch. 756 (5 U.S.C. 421g) defined "Naval Establishment". The terms "Department of the Navy" and "Naval Establishment" are considered to be synonymous. All three definitions were considered, but the phraseology adopted is that of the National Security Act of 1947. The phrase "as a service in the Navy" is substituted for "as a part of the Navy" to conform to the provisions of title 14. 1962 ACT -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 5011 5:171a(c)(7) (1st July 26, 1947, ch. 343, sentence, less Sec. 202(c)(7) (1st applicability to sentence, less Departments of Army and applicability to Air Force). Departments of Army and Air Force); added Aug. 6, 1958, Pub. L. 85-599, Sec. 3(a) (1st sentence of 8th par., less applicability to Departments of Army and Air Force), 72 Stat. 516. -------------------------------------------------------------------- The words "to include naval aviation and the United States Marine Corps" are omitted as covered by the first sentence of section 5011. The word "operates" is substituted for the words "shall function". AMENDMENTS 1986 - Pub. L. 99-433, Sec. 511(c)(1), substituted "Organization" for "Composition" in section catchline. Pub. L. 99-433, Sec. 511(b)(2), struck out the last two sentences which read as follows: "It is composed of the executive part of the Department of the Navy; the Headquarters, United States Marine Corps; the entire operating forces, including naval aviation, of the United States Navy and of the United States Marine Corps, and the reserve components of those operating forces; and all field activities, headquarters, forces, bases, installations, activities, and functions under the control or supervision of the Secretary of the Navy. It includes the United States Coast Guard when it is operating as a service in the Navy." See section 5061 of this title. 1962 - Pub. L. 87-651 inserted sentences providing that the Department of the Navy is separately organized under the Secretary of the Navy, and that it operates under the authority, direction, and control of the Secretary of Defense. -End- -CITE- 10 USC Sec. 5012 1/15/2013 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 503 - DEPARTMENT OF THE NAVY -HEAD- Sec. 5012. Department of the Navy: seal -STATUTE- The Secretary of the Navy shall have a seal for the Department of the Navy. The design of the seal must be approved by the President. Judicial notice shall be taken of the seal. -SOURCE- (Added Pub. L. 99-433, title V, Sec. 511(c)(2), Oct. 1, 1986, 100 Stat. 1043.) -MISC1- PRIOR PROVISIONS A prior section 5012 was renumbered section 5062 of this title. -End- -CITE- 10 USC Sec. 5013 1/15/2013 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 503 - DEPARTMENT OF THE NAVY -HEAD- Sec. 5013. Secretary of the Navy -STATUTE- (a)(1) There is a Secretary of the Navy, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Secretary is the head of the Department of the Navy. (2) A person may not be appointed as Secretary of the Navy within five 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 Navy is responsible for, and has the authority necessary to conduct, all affairs of the Department of the Navy, 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 Navy is also responsible to the Secretary of Defense for - (1) the functioning and efficiency of the Department of the Navy; (2) the formulation of policies and programs by the Department of the Navy 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 Navy; (4) carrying out the functions of the Department of the Navy 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 Navy 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 Navy 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 Navy. (d) The Secretary of the Navy 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 Navy may make such recommendations to Congress relating to the Department of Defense as he considers appropriate. (f) The Secretary of the Navy may assign such of his functions, powers, and duties as he considers appropriate to the Under Secretary of the Navy and to the Assistant Secretaries of the Navy. Officers of the Navy and the Marine Corps 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 Navy may - (1) assign, detail, and prescribe the duties of members of the Navy and Marine Corps and civilian personnel of the Department of the Navy; (2) change the title of any officer or activity of the Department of the Navy not prescribed by law; and (3) prescribe regulations to carry out his functions, powers, and duties under this title. -SOURCE- (Added Pub. L. 99-433, title V, Sec. 511(c)(2), Oct. 1, 1986, 100 Stat. 1043; amended Pub. L. 99-661, div. A, title V, Sec. 534, Nov. 14, 1986, 100 Stat. 3873; Pub. L. 108-136, div. A, title IX, Sec. 901, Nov. 24, 2003, 117 Stat. 1558.) -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in section 5031 of this title prior to enactment of Pub. L. 99-433. A prior section 5013 was renumbered section 5063 of this title. AMENDMENTS 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". REVERSIONARY INTERESTS IN REAL PROPERTY USED BY CLOSED OR REALIGNED NAVAL STATIONS Pub. L. 109-148, div. B, title I, Sec. 702, Dec. 30, 2005, 119 Stat. 2773, provided that: "For any real property expressly granted to the United States since January 1, 1980 for use as or in connection with a Navy homeport subject to a reversionary interest retained by the grantor and serving as the site of or being used by a naval station subsequently closed or realigned pursuant to the Defense Base Closure and Realignment Act of 1990 [part A of title XXIX of div. B of Pub. L. 101-510, set out as a note under section 2687 of this title] as amended, the right of the United States to any consideration or repayment for the fair market value of the real property as improved shall be released, relinquished, waived, or otherwise permanently extinguished. The Secretary shall execute such written agreements as may be needed to facilitate the reversion and transfer all right, title, and interest of the United States in any real property described in this section, including the improvements thereon, for no consideration to the reversionary interest holder as soon as practicable after the naval station is closed or realigned. This agreement shall not require the reversionary interest holder to assume any environmental liabilities of the United States or relieve the United States from any responsibilities for environmental remediation that it may have incurred as a result of federal ownership or use of the real property." ELIMINATION OF REVERSIONARY INTERESTS CLOUDING UNITED STATES TITLE TO PROPERTY USED AS NAVY HOMEPORTS Pub. L. 108-375, div. B, title XXVIII, Sec. 2823, Oct. 28, 2004, 118 Stat. 2132, provided that: "(a) Authority to Acquire Complete Title. - If real property owned by the United States and used as a Navy homeport is subject to a reversionary interest of any kind, the Secretary of the Navy may enter into an agreement with the holder of the reversionary interest to acquire the reversionary interest and thereby secure for the United States all right, title, and interest in and to the property. "(b) Authorized Consideration. - (1) As consideration for the acquisition of a reversionary interest under subsection (a), the Secretary shall provide the holder of the reversionary interest with in-kind consideration, to be determined pursuant to negotiations between the Secretary and the holder of the reversionary interest. "(2) In determining the type and value of any in-kind consideration to be provided for the acquisition of a reversionary interest under subsection (a), the Secretary shall take into account the nature of the reversionary interest, including whether it would require the holder of the reversionary interest to pay for any improvements acquired by the holder as part of the reversion of the real property, and the long-term use and ultimate disposition of the real property if the United States were to acquire all right, title, and interest in and to the real property subject to the reversionary interest. "(c) Prohibited Consideration. - Cash payments are not authorized to be made as consideration for the acquisition of a reversionary interest under subsection (a)." MULTI-TRADES DEMONSTRATION PROJECT Pub. L. 108-136, div. A, title III, Sec. 338, Nov. 24, 2003, 117 Stat. 1447, as amended by Pub. L. 110-181, div. A, title III, Sec. 329, Jan. 28, 2008, 122 Stat. 67; Pub. L. 112-239, div. A, title III, Sec. 321, Jan. 2, 2013, 126 Stat. 1694, provided that: "(a) Demonstration Project Authorized. - In accordance with subsection 4703 of title 5, United States Code, the Secretary of a military department may carry out a demonstration project at facilities described in subsection (b) under which workers who are certified at the journey level as able to perform multiple trades shall be promoted by one grade level. "(b) Selection Requirements. - As a condition on eligibility for selection to participate in the demonstration project, the head of an Air Force Air Logistics Complex, Navy Fleet Readiness Center, Navy shipyard, Marine Corps Logistics Base, or Army depot shall submit to the Secretary of the military department concerned a business case analysis and concept plan - "(1) that, on the basis of the results of analysis of work processes, demonstrate that process improvements would result from the trade combinations proposed to be implemented under the demonstration project; and "(2) that describes the improvements in cost, quality, or schedule of work that are anticipated to result from the participation in the demonstration project. "(c) Participating Workers. - (1) Actual worker participation in the demonstration project shall be determined through competitive selection. Not more than 15 percent of the wage grade journeyman at a demonstration project location may be selected to participate. "(2) Job descriptions and competency-based training plans must be developed for each worker while in training under the demonstration project and once certified as a multi-trade worker. A certified multi-trade worker who receives a pay grade promotion under the demonstration project must use each new skill during at least 25 percent of the worker's work year. "(d) Duration. - The demonstration project shall be conducted during fiscal years 2008 through 2018. "(e) Report. - Not later than January 15, 2019, the Secretary of each military department that carried out a demonstration project under this section shall submit a report to Congress describing the results of the demonstration project. Each such report shall include the Secretary's recommendation on whether permanent multi- trade authority should be authorized. "(f) GAO Evaluation. - Each Secretary who submits a report under subsection (e) shall transmit a copy of the report to the Comptroller General. Within 90 days after receiving a report, the Comptroller General shall submit to Congress an evaluation of that report." NAVY HIGHER EDUCATION PILOT PROGRAM REGARDING ADMINISTRATION OF BUSINESS RELATIONSHIPS BETWEEN GOVERNMENT AND PRIVATE SECTOR Pub. L. 105-85, div. A, title XI, Sec. 1108, Nov. 18, 1997, 111 Stat. 1926, authorized the Secretary of the Navy to establish and conduct a pilot program of graduate-level higher education regarding the administration of business relationships between the Government and the private sector during fiscal years 1998 through 2002, and required the Secretary of the Navy to submit to Congress a report not later than 90 days after the termination of the pilot program. USE OF NAVAL INSTALLATIONS FOR EMPLOYMENT TRAINING OF NONVIOLENT OFFENDERS IN STATE PENAL SYSTEMS Pub. L. 103-160, div. A, title XIII, Sec. 1374, Nov. 30, 1993, 107 Stat. 1821, as amended by Pub. L. 103-337, div. A, title X, Sec. 1064, Oct. 5, 1994, 108 Stat. 2848, provided that: "(a) Demonstration Project Authorized. - The Secretary of the Navy may conduct a demonstration project to test the feasibility of using Navy facilities to provide employment training to nonviolent offenders in a State penal system prior to their release from incarceration. The demonstration project shall be limited to not more than three military installations under the jurisdiction of the Secretary. "(b) Sources of Training. - The Secretary may enter into a cooperative agreement with one or more private, nonprofit organizations for purposes of providing at the military installations included in the demonstration project the prerelease employment training authorized under subsection (a) or may provide such training directly at such installations by agreement with the State concerned. "(c) Use of Facilities. - Under a cooperative agreement entered into under subsection (b), the Secretary may lease or otherwise make available to a nonprofit organization participating in the demonstration project at a military installation included in the demonstration project any real property or facilities at the installation that the Secretary considers to be appropriate for use to provide the prerelease employment training authorized under subsection (a). Notwithstanding section 2667(b)(4) of title 10, United States Code, the use of such real property or facilities may be permitted with or without reimbursement. "(d) Acceptance of Services. - Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept voluntary services provided by persons participating in the prerelease employment training authorized under subsection (a). "(e) Liability and Indemnification. - (1) The Secretary may not enter into a cooperative agreement under subsection (b) with a nonprofit organization for the participation of that organization in the demonstration project unless the agreement includes provisions that the nonprofit organization shall - "(A) be liable for any loss or damage to Federal Government property that may result from, or in connection with, the provision of prerelease employment training by the organization under the demonstration project; and "(B) hold harmless and indemnify the United States from and against any suit, claim, demand, action, or liability arising out of any claim for personal injury or property damage that may result from or in connection with the demonstration project. "(2) The Secretary may not enter into an agreement under subsection (b) with the State concerned for the provision of prerelease employment training directly by the Secretary unless the agreement with the State concerned includes provisions that the State shall - "(A) be liable for any loss or damage to Federal Government property that may result from, or in connection with, the provision of the training except to the extent that the loss or damage results from a wrongful act or omission of Federal Government personnel; and "(B) hold harmless and indemnify the United States from and against any suit, claim, demand, action, or liability arising out of any claim for personal injury or property damage that may result from, or in connection with, the provision of the training except to the extent that the personal injury or property damage results from a wrongful act or omission of Federal Government personnel. "(f) Report. - Not later than two years after the date of the enactment of this Act [Nov. 30, 1993], the Secretary shall submit to Congress a report evaluating the success of the demonstration project and containing such recommendations with regard to the termination, continuation, or expansion of the demonstration project as the Secretary considers to be appropriate." ORDER OF SUCCESSION For order of succession in event of death, permanent disability, or resignation of Secretary of the Navy, see Ex. Ord. No. 12879, Nov. 8, 1993, 58 F.R. 59929, listed in a table under section 3345 of Title 5. -End- -CITE- 10 USC Sec. 5013a 1/15/2013 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 503 - DEPARTMENT OF THE NAVY -HEAD- Sec. 5013a. Secretary of the Navy: powers with respect to Coast Guard -STATUTE- (a) Whenever the Coast Guard operates as a service in the Navy under section 3 of title 14, the Secretary of the Navy has the same powers and duties with respect to the Coast Guard as the Secretary of Homeland Security has when the Coast Guard is not so operating. (b) While operating as a service in the Navy, the Coast Guard is subject to the orders of the Secretary of the Navy, who may order changes in Coast Guard operations to make them uniform, to the extent he considers advisable, with Navy operations. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 279, Sec. 5032; Pub. L. 96-513, title V, Sec. 513(3), Dec. 12, 1980, 94 Stat. 2931; renumbered Sec. 5013a, Pub. L. 99-433, title V, Sec. 511(c)(3), Oct. 1, 1986, 100 Stat. 1045; Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) -MISC1- HISTORICAL AND REVISION NOTES Subsection (a) is derived from 14 U.S.C. 5, and subsection (b) from the second sentence of 14 U.S.C. 3. These provisions are duplicated in this title for the purpose of producing a statement of the general powers of the Secretary of the Navy in this important area. AMENDMENTS 2002 - Subsec. (a). Pub. L. 107-296 substituted "Secretary of Homeland Security" for "Secretary of Transportation". 1980 - Subsec. (a). Pub. L. 96-513 substituted "Secretary of Transportation" for "Secretary of the Treasury". EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107-296, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this title. -End- -CITE- 10 USC Sec. 5014 1/15/2013 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 503 - DEPARTMENT OF THE NAVY -HEAD- Sec. 5014. Office of the Secretary of the Navy -STATUTE- (a) There is in the Department of the Navy an Office of the Secretary of the Navy. The function of the Office is to assist the Secretary of the Navy in carrying out his responsibilities. (b) The Office of the Secretary of the Navy is composed of the following: (1) The Under Secretary of the Navy. (2) The Assistant Secretaries of the Navy. (3) The General Counsel of the Department of the Navy. (4) The Judge Advocate General of the Navy. (5) The Naval Inspector General. (6) The Chief of Legislative Affairs. (7) The Chief of Naval Research. (8) Such other offices and officials as may be established by law or as the Secretary of the Navy may establish or designate. (c)(1) The Office of the Secretary of the Navy shall have sole responsibility within the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and the Headquarters, Marine Corps, for the following functions: (A) Acquisition. (B) Auditing. (C) Comptroller (including financial management). (D) Information management. (E) Inspector General. (F) Legislative affairs. (G) Public affairs. (2) The Secretary of the Navy shall establish or designate a single office or other entity within the Office of the Secretary of the Navy to conduct each function specified in paragraph (1). No office or other entity may be established or designated within the Office of the Chief of Naval Operations or the Headquarters, Marine Corps, to conduct any of the functions specified in paragraph (1). (3) The Secretary shall - (A) prescribe the relationship of each office or other entity established or designated under paragraph (2) - (i) to the Chief of Naval Operations and the Office of the Chief of Naval Operations; and (ii) to the Commandant of the Marine Corps and the Headquarters, Marine Corps; and (B) ensure that each such office or entity provides the Chief of Naval Operations and the Commandant of the Marine Corps such staff support as each considers necessary to perform his duties and responsibilities. (4) The vesting in the Office of the Secretary of the Navy of the responsibility for the conduct of a function specified in paragraph (1) does not preclude other elements of the executive part of the Department of the Navy (including the Office of the Chief of Naval Operations and the Headquarters, Marine Corps) from providing advice or assistance to the Chief of Naval Operations and the Commandant of the Marine Corps or otherwise participating in that function within the executive part of the Department under the direction of the office assigned responsibility for that function in the Office of the Secretary of the Navy. (5)(A) The head of the office or other entity established or designated by the Secretary to conduct the auditing function shall have at least five years of professional experience in accounting or auditing. The position shall be considered to be a career reserved position as defined in section 3132(a)(8) of title 5. (B) The position of regional director within such office or entity, and any other position within such office or entity the primary responsibilities of which are to carry out supervisory functions, may not be held by a member of the armed forces on active duty. (d)(1) Subject to paragraph (2), the Office of the Secretary of the Navy shall have sole responsibility within the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and the Headquarters, Marine Corps, for the function of research and development. (2) The Secretary of the Navy may assign to the Office of the Chief of Naval Operations and the Headquarters, Marine Corps, responsibility for those aspects of the function of research and development relating to military requirements and test and evaluation. (3) The Secretary shall establish or designate a single office or other entity within the Office of the Secretary of the Navy to conduct the function specified in paragraph (1). (4) The Secretary shall - (A) prescribe the relationship of the office or other entity established or designated under paragraph (3) - (i) to the Chief of Naval Operations and the Office of the Chief of Naval Operations; and (ii) to the Commandant of the Marine Corps and the Headquarters, Marine Corps; and (B) ensure that each such office or entity provides the Chief of Naval Operations and the Commandant of the Marine Corps such staff support as each considers necessary to perform his duties and responsibilities. (e) The Secretary of the Navy shall ensure that the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and the Headquarters, Marine Corps, do not duplicate specific functions for which the Secretary has assigned responsibility to another of such offices. (f)(1) The total number of members of the armed forces and civilian employees of the Department of the Navy assigned or detailed to permanent duty in the Office of the Secretary of the Navy, the Office of Chief of Naval Operations, and the Headquarters, Marine Corps, may not exceed 2,866. (2) Not more than 1,720 officers of the Navy and Marine Corps on the active-duty list may be assigned or detailed to permanent duty in the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and the Headquarters, Marine Corps. (3) The total number of general and flag officers assigned or detailed to permanent duty in the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and the Headquarters, Marine Corps, may not exceed 74. (4) The limitations in paragraphs (1), (2), and (3) do not apply in time of war or during a national emergency declared by the President or Congress. The limitation in paragraph (2) does not apply whenever the President determines that it is in the national interest to increase the number of officers assigned or detailed to permanent duty in the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, or the Headquarters, Marine Corps. -SOURCE- (Added Pub. L. 99-433, title V, Sec. 511(c)(4), Oct. 1, 1986, 100 Stat. 1045; amended Pub. L. 100-180, div. A, title XIII, Sec. 1314(b)(7), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 100-456, div. A, title III, Sec. 325(b), Sept. 29, 1988, 102 Stat. 1955; Pub. L. 101- 189, div. A, title VI, Sec. 652(a)(4), Nov. 29, 1989, 103 Stat. 1461; Pub. L. 107-107, div. A, title X, Sec. 1048(a)(28), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 107-314, div. A, title V, Sec. 504(d)(2), Dec. 2, 2002, 116 Stat. 2532.) -MISC1- PRIOR PROVISIONS A prior section 5014, added Pub. L. 85-861, Sec. 1(106)(A), Sept. 2, 1958, 72 Stat. 1490, prescribed compensation of General Counsel of Department of the Navy, prior to repeal by Pub. L. 88-426, title III, Sec. 305(40)(A), Aug. 14, 1964, 78 Stat. 427, eff. first day of first pay period beginning on or after July 1, 1964. See section 5316 of Title 5, Government Organization and Employees. AMENDMENTS 2002 - Subsec. (b)(6) to (8). Pub. L. 107-314 added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively. 2001 - Subsec. (f)(3). Pub. L. 107-107 substituted "74" for "the number equal to 85 percent of the number of general and flag officers assigned or detailed to such duty on the date of the enactment of this subsection". 1989 - Subsec. (f)(5). Pub. L. 101-189 struck out par. (5) which read as follows: "The limitations in paragraphs (1), (2), and (3) do not apply before October 1, 1988." 1988 - Subsec. (c)(5). Pub. L. 100-456 added par. (5). 1987 - Subsec. (f)(4). Pub. L. 100-180 inserted "the President or" after "declared by". EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100-456, div. A, title III, Sec. 325(d), Sept. 29, 1988, 102 Stat. 1955, provided that: "(1) The requirements of sections 3014(c)(5), 5014(c)(5)(A), and 8014(c)(5) of title 10, United States Code (as added by subsections (a), (b), and (c), respectively), shall apply with respect to any person appointed on or after the date of the enactment of this Act [Sept. 29, 1988] as the head of the office or other entity designated for conducting the auditing function in a military department. "(2) Subparagraph (B) of section 5014(c)(5) of title 10, United States Code (as added by subsection (b)), shall take effect at the end of the one-year period beginning on the date of the enactment of this Act." EFFECTIVE DATE Subsecs. (c) and (d) of this section to be implemented not later than 180 days after Oct. 1, 1986, see section 532(a) of Pub. L. 99- 433, set out as a note under section 3014 of this title. EXCEPTIONS AND ADJUSTMENTS TO LIMITATIONS ON PERSONNEL Baseline personnel limitations in this section inapplicable to certain acquisition personnel and personnel hired pursuant to a shortage category designation for fiscal year 2009 and fiscal years thereafter, and Secretary of Defense or a secretary of a military department authorized to adjust such limitations for fiscal year 2009 and fiscal years thereafter, see section 1111 of Pub. L. 110- 417, set out as a note under section 143 of this title. -End- -CITE- 10 USC Sec. 5015 1/15/2013 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 503 - DEPARTMENT OF THE NAVY -HEAD- Sec. 5015. Under Secretary of the Navy -STATUTE- (a) There is an Under Secretary of the Navy, appointed from civilian life by the President, by and with the advice and consent of the Senate. (b) The Under Secretary shall perform such duties and exercise such powers as the Secretary of the Navy may prescribe. -SOURCE- (Added Pub. L. 99-433, title V, Sec. 511(c)(4), Oct. 1, 1986, 100 Stat. 1047.) -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in section 5033 of this title prior to enactment of Pub. L. 99-433. ORDER OF SUCCESSION For order of succession in event of death, permanent disability, or resignation of Secretary of the Navy, see Ex. Ord. No. 12879, Nov. 8, 1993, 58 F.R. 59929, listed in a table under section 3345 of Title 5. -End- -CITE- 10 USC Sec. 5016 1/15/2013 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 503 - DEPARTMENT OF THE NAVY -HEAD- Sec. 5016. Assistant Secretaries of the Navy -STATUTE- (a) There are four Assistant Secretaries of the Navy. They shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. (b)(1) The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of the Navy may prescribe. (2) One of the Assistant Secretaries shall be the Assistant Secretary of the Navy for Manpower and Reserve Affairs. He shall have as his principal duty the overall supervision of manpower and reserve component affairs of the Department of the Navy. (3) One of the Assistant Secretaries shall be the Assistant Secretary of the Navy for Financial Management. The Assistant Secretary shall have as his principal responsibility the exercise of the comptroller functions of the Department of the Navy, including financial management functions. The Assistant Secretary shall be responsible for all financial management activities and operations of the Department of the Navy and shall advise the Secretary of the Navy on financial management. (4)(A) One of the Assistant Secretaries shall be the Assistant Secretary of the Navy for Research, Development, and Acquisition. The principal duty of the Assistant Secretary shall be the overall supervision of research, development, and acquisition matters of the Department of the Navy. (B) The Assistant Secretary shall have a Principal Military Deputy, who shall be a vice admiral of the Navy or a lieutenant general of the Marine Corps on active duty. The Principal Military Deputy shall be appointed from among officers who have significant experience in the areas of acquisition and program management. The position of Principal Military Deputy shall be designated as a critical acquisition position under section 1733 of this title. -SOURCE- (Added Pub. L. 99-433, title V, Sec. 511(c)(4), Oct. 1, 1986, 100 Stat. 1047; amended Pub. L. 100-456, div. A, title VII, Sec. 702(b)[(1)], Sept. 29, 1988, 102 Stat. 1994; Pub. L. 110-181, div. A, title IX, Sec. 908(b), Jan. 28, 2008, 122 Stat. 278.) -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in section 5034 of this title prior to enactment of Pub. L. 99-433. AMENDMENTS 2008 - Subsec. (b)(4). Pub. L. 110-181 added par. (4). 1988 - Subsec. (b)(3). Pub. L. 100-456 added par. (3). EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-456 effective Jan. 20, 1989, see section 702(e)(1) of Pub. L. 100-456, set out as a note under section 3016 of this title. -End- -CITE- 10 USC Sec. 5017 1/15/2013 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 503 - DEPARTMENT OF THE NAVY -HEAD- Sec. 5017. Secretary of the Navy: successors to duties -STATUTE- If the Secretary of the Navy 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 (!1) of title 5, directs another person to perform those duties or until the absence or disability ceases: (1) The Under Secretary of the Navy. (2) The Assistant Secretaries of the Navy, in the order prescribed by the Secretary of the Navy and approved by the Secretary of Defense. (3) The General Counsel of the Department of the Navy. (4) The Chief of Naval Operations. (5) The Commandant of the Marine Corps. -SOURCE- (Added Pub. L. 99-433, title V, Sec. 511(c)(4), Oct. 1, 1986, 100 Stat. 1047; amended Pub. L. 103-337, div. A, title IX, Sec. 902(b), Oct. 5, 1994, 108 Stat. 2823.) -REFTEXT- REFERENCES IN TEXT Section 3347 of title 5, referred to in text, was repealed and a new section 3347 was enacted by Pub. L. 105-277, div. C, title I, Sec. 151(b), Oct. 21, 1998, 112 Stat. 2681-611, 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. -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in section 5036 of this title prior to enactment of Pub. L. 99-433. AMENDMENTS 1994 - Pars. (3) to (5). Pub. L. 103-337 added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. ORDER OF SUCCESSION For order of succession in event of death, permanent disability, or resignation of Secretary of the Navy, see Ex. Ord. No. 12879, Nov. 8, 1993, 58 F.R. 59929, listed in a table under section 3345 of Title 5. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 10 USC Sec. 5018 1/15/2013 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 503 - DEPARTMENT OF THE NAVY -HEAD- Sec. 5018. Administrative Assistant -STATUTE- The Secretary of the Navy may appoint an Administrative Assistant in the Office of the Secretary of the Navy. The Administrative Assistant shall perform such duties as the Secretary may prescribe. -SOURCE- (Added Pub. L. 99-433, title V, Sec. 511(c)(4), Oct. 1, 1986, 100 Stat. 1047.) -End- -CITE- 10 USC Sec. 5019 1/15/2013 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 503 - DEPARTMENT OF THE NAVY -HEAD- Sec. 5019. General Counsel -STATUTE- (a) There is a General Counsel of the Department of the Navy, appointed from civilian life by the President, by and with the advice and consent of the Senate. (b) The General Counsel shall perform such functions as the Secretary of the Navy may prescribe. -SOURCE- (Added Pub. L. 99-433, title V, Sec. 511(c)(4), Oct. 1, 1986, 100 Stat. 1047; amended Pub. L. 100-456, div. A, title VII, Sec. 703(a), Sept. 29, 1988, 102 Stat. 1996.) -MISC1- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-456 inserted ", by and with the advice and consent of the Senate" before period at end. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-456 applicable to appointments made under this section on and after Sept. 29, 1988, see section 703(c) of Pub. L. 100-456, set out as a note under section 3019 of this title. -End- -CITE- 10 USC Sec. 5020 1/15/2013 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 503 - DEPARTMENT OF THE NAVY -HEAD- Sec. 5020. Naval Inspector General: detail; duties -STATUTE- (a) There is in the Office of the Secretary of the Navy the Office of the Naval Inspector General. The Naval Inspector General shall be detailed from officers on the active-duty list in the line of the Navy serving in grades above captain. (b) The Naval Inspector General, when directed, shall inquire into and report upon any matter that affects the discipline or military efficiency of the Department of the Navy. He shall make such inspections, investigations, and reports as the Secretary of the Navy or the Chief of Naval Operations directs. (c) The Naval Inspector General shall cooperate fully with the Inspector General of the Department of Defense in connection with the performance of any duty or function by the Inspector General of the Department of Defense under the Inspector General Act of 1978 (5 U.S.C. App. 3) regarding the Department of the Navy. (d) The Naval Inspector General shall periodically propose programs of inspections to the Secretary of the Navy and shall recommend additional inspections and investigations as may appear appropriate. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 283, Sec. 5088; Pub. L. 96-513, title V, Sec. 503(7), Dec. 12, 1980, 94 Stat. 2911; renumbered Sec. 5020 and amended Pub. L. 99-433, title V, Sec. 511(c)(5), Oct. 1, 1986, 100 Stat. 1047.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 5088(a), 5 U.S.C. 423f. Mar. 5, 1948, ch. 98, (b), (c) Sec. 6, 62 Stat. 68. 5088(d) 5 U.S.C. 423k (as Mar. 5, 1948, ch. 98, applicable to the Naval Sec. 11, 62 Stat. 69 (as Inspector General). applicable to the Naval Inspector General). -------------------------------------------------------------------- In subsection (a) the words "In addition to the divisions herein created" are omitted as surplusage. The word "detailed" is added in order to show that the position of the Inspector General is not an appointive office. In subsection (c) the words "from time to time" are omitted as surplusage. Subsection (d) is worded to make clear that the Naval Inspector General may be designated, under 34 U.S.C. 211d, as an officer who performs unusual or special duty, and, if so designated, is entitled to the grade, pay, and retirement privilege accompanying the special designation. The words "under section 5231 of this title" are substituted for the words "grade, rank, pay, and allowances provided under any provision of law heretofore or hereafter enacted which authorizes such grade, rank, pay, and allowances for officers so designated". -REFTEXT- REFERENCES IN TEXT The Inspector General Act of 1978, referred to in subsec. (c), is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees. -MISC2- AMENDMENTS 1986 - Subsec. (a). Pub. L. 99-433, Sec. 511(c)(5)(A), substituted "Office of the Secretary of Navy" for "Office of the Chief of Naval Operations". Subsec. (c). Pub. L. 99-433, Sec. 511(c)(5)(B), (C), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 99-433, Sec. 511(c)(5)(B), redesignated former subsec. (c) as (d) and substituted "Secretary of the Navy" for "Chief of Naval Operations". 1980 - Subsec. (a). Pub. L. 96-513, Sec. 503(7)(A), substituted "active-duty list" for "active list". Subsec. (d). Pub. L. 96-513, Sec. 503(7)(B), struck out subsec. (d) which authorized the President to designate the Naval Inspector General as an officer who performs special or unusual duty or duty of great importance and responsibility under section 5231 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section 701 of Pub. L. 96-513, set out as a note under section 101 of this title. -End- -CITE- 10 USC Sec. 5021 1/15/2013 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 503 - DEPARTMENT OF THE NAVY -HEAD- Sec. 5021. Repealed. -MISC1- [Sec. 5021. Repealed. Pub. L. 101-510, div. A, title IX, Sec. 910(a), Nov. 5, 1990, 104 Stat. 1625]. Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 290, Sec. 5150; Sept. 7, 1962, Pub. L. 87-649, Sec. 14(c)(22), (23), 76 Stat. 501; Dec. 12, 1980, Pub. L. 96-513, title V, Sec. 503(12), 94 Stat. 2912; renumbered Sec. 5021, Oct. 1, 1986, Pub. L. 99-433, title V, Sec. 511(d), 100 Stat. 1048, related to Office of Naval Research in Office of Secretary of the Navy headed by Chief of Naval Research, appointment to, term, and emoluments of such office, prerequisite for designation as Assistant Chief of Naval Research, and succession of duties of such office. -End- -CITE- 10 USC Sec. 5022 1/15/2013 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 503 - DEPARTMENT OF THE NAVY -HEAD- Sec. 5022. Office of Naval Research: duties -STATUTE- (a)(1) There is in the Office of the Secretary of the Navy an Office of Naval Research. (2) Unless appointed to higher grade under another provision of law, an officer, while serving in the Office of Naval Research as Chief of Naval Research, has the rank of rear admiral. (b) The Office of Naval Research shall perform such duties as the Secretary of the Navy prescribes relating to - (1) the encouragement, promotion, planning, initiation, and coordination of naval research; (2) the conduct of naval research in augmentation of and in conjunction with the research and development conducted by the bureaus and other agencies and offices of the Department of the Navy; (3) the supervision, administration, and control of activities within or for the Department relating to patents, inventions, trademarks, copyrights, and royalty payments, and matters connected therewith; and (4) the execution of, and management responsibility for, programs for which funds are provided in the basic and applied research and advanced technology categories of the Department of the Navy research, development, test, and evaluation budget in such a manner that will foster the transition of science and technology to higher levels of research, development, test, and evaluation. (c) Sufficient information relative to estimates of appropriations for research by the several bureaus and offices shall be furnished to the Office of Naval Research to assist it in coordinating naval research and carrying out its other duties. (d) The Office of Naval Research shall perform its duties under the authority of the Secretary, and its orders are considered as coming from the Secretary. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 291, Sec. 5151; renumbered Sec. 5022, Pub. L. 99-433, title V, Sec. 511(d), Oct. 1, 1986, 100 Stat. 1048; amended Pub. L. 101-510, div. A, title IX, Sec. 910(b)(1), Nov. 5, 1990, 104 Stat. 1625; Pub. L. 104-201, div. A, title V, Sec. 501(a), Sept. 23, 1996, 110 Stat. 2510; Pub. L. 106-398, Sec. 1 [[div. A], title IX, Sec. 904(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-225; Pub. L. 107-314, div. A, title V, Sec. 504(f), Dec. 2, 2002, 116 Stat. 2533.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 5151(a) 5 U.S.C. 475 (20th Aug. 1, 1946, ch. 727, through 111th words). Sec. 1 (22d through 114th words), 60 Stat. 779. 5151(b) 5 U.S.C. 475d(a) (2d Aug. 1, 1946, ch. 727, sentence). Sec. 5(a) (2d sentence), 60 Stat. 780. 5151(c) 5 U.S.C. 475 (2d Aug. 1, 1946, ch. 727, sentence). Sec. 1 (2d sentence), 60 Stat. 779. -------------------------------------------------------------------- In subsection (c) the words "shall have full force and effect as such" are omitted as surplusage. AMENDMENTS 2002 - Subsec. (a)(2). Pub. L. 107-314 struck out "(upper half)" after "rear admiral". 2000 - Subsec. (b)(4). Pub. L. 106-398 added par. (4). 1996 - Subsec. (a). Pub. L. 104-201 designated existing provisions as par. (1) and added par. (2). 1990 - Pub. L. 101-510 added subsec. (a) and redesignated former subsecs. (a) to (c) as (b) to (d), respectively. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104-201, div. A, title V, Sec. 501(b), Sept. 23, 1996, 110 Stat. 2510, provided that: "Paragraph (2) of section 5022(a) of title 10, United States Code, as added by subsection (a), shall take effect upon the occurrence of the first vacancy in the position of Chief of Naval Research after the date of the enactment of this Act [Sept. 23, 1996]." DEMONSTRATION PROJECT TO INCREASE SMALL BUSINESS AND UNIVERSITY PARTICIPATION IN OFFICE OF NAVAL RESEARCH EFFORTS TO EXTEND BENEFITS OF SCIENCE AND TECHNOLOGY RESEARCH TO FLEET Pub. L. 107-107, div. A, title II, Sec. 262, Dec. 28, 2001, 115 Stat. 1044, provided that: "(a) Project Required. - The Secretary of the Navy, acting through the Chief of Naval Research, shall carry out a demonstration project to increase access to Navy facilities of small businesses and universities that are engaged in science and technology research beneficial to the fleet. "(b) Project Elements. - In carrying out the demonstration project, the Secretary shall - "(1) establish and operate a Navy Technology Extension Center at a location to be selected by the Secretary; "(2) permit participants in the Small Business Innovation Research Program (SBIR) and Small Business Technology Transfer Program (STTR) that are awarded contracts by the Office of Naval Research to access and use Navy Major Range Test Facilities Base (MRTFB) facilities selected by the Secretary for purposes of carrying out such contracts, and charge such participants for such access and use at the same established rates that Department of Defense customers are charged; and "(3) permit universities, institutions of higher learning, and federally funded research and development centers collaborating with participants referred to in paragraph (2) to access and use such facilities for such purposes, and charge such entities for such access and use at such rates. "(c) Period of Project. - The demonstration project shall be carried out during the three-year period beginning on the date of the enactment of this Act [Dec. 28, 2001]. "(d) Report. - Not later than February 1, 2004, the Secretary shall submit to Congress a report on the demonstration project. The report shall include a description of the activities carried out under the demonstration project and any recommendations for the improvement or expansion of the demonstration project that the Secretary considers appropriate." -End- -CITE- 10 USC Sec. 5023 1/15/2013 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 503 - DEPARTMENT OF THE NAVY -HEAD- Sec. 5023. Office of Naval Research: appropriations; time limit -STATUTE- (a) Sums appropriated for the Office of Naval Research may be used to pay the cost of performing its duties under section 5022 of this title including the cost of - (1) administration; (2) conduct of research and development work in Government facilities; and (3) conduct of research and development work under contracts with individuals, corporations, and educational or scientific institutions. (b) Sums appropriated for the purposes of this section, if obligated during the fiscal year for which appropriated, remain available for expenditure for four years after the end of that fiscal year. Any balance not spent after that four-year period shall be carried to the surplus fund and covered into the Treasury. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 291, Sec. 5152; renumbered Sec. 5023 and amended Pub. L. 99-433, title V, Secs. 511(d), 514(c)(2), Oct. 1, 1986, 100 Stat. 1048, 1055.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 5152 5 U.S.C. 475d(a) (less 2d Aug. 1, 1946, ch. 727, sentence). Sec. 5 (a) (less 2d sentence), 60 Stat. 780. 5 U.S.C. 475d(b). Aug. 1, 1946, ch. 727, Sec. 5 (b), 60 Stat. 780. -------------------------------------------------------------------- The authorization to make appropriations for the Office of Naval Research is omitted as unnecessary. The word "administration" is substituted for the words "administrative expenses" for brevity. AMENDMENTS 1986 - Pub. L. 99-433, Sec. 511(d), renumbered section 5152 of this title as this section. Subsec. (a). Pub. L. 99-433, Sec. 514(c)(2), substituted "section 5022" for "section 5151". -End- -CITE- 10 USC Sec. 5024 1/15/2013 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 503 - DEPARTMENT OF THE NAVY -HEAD- Sec. 5024. Naval Research Advisory Committee -STATUTE- (a) The Secretary of the Navy may appoint a Naval Research Advisory Committee consisting of not more than 15 civilians preeminent in the fields of science, research, and development work. One member of the Committee must be from the field of medicine. Each member serves for such term as the Secretary specifies. (b) The Committee shall meet at such times as the Secretary specifies to consult with and advise the Chief of Naval Operations and the Chief of Naval Research. (c) No law imposing restrictions, requirements, or penalties in relation to the employment of persons, the performance of services, the payment or receipt of compensation in connection with any claim, proceeding, or matter involving the United States applies to members of the Committee solely by reason of their membership on the Committee. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 291, Sec. 5153; Pub. L. 97-60, title II, Sec. 205, Oct. 14, 1981, 95 Stat. 1007; renumbered Sec. 5024 and amended Pub. L. 99-433, title V, Secs. 511(d), 514(d)(2), Oct. 1, 1986, 100 Stat. 1048, 1055.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 5153 5 U.S.C. 475c. Aug. 1, 1946, ch. 727, Sec. 4, 60 Stat. 779; Sept. 3, 1954, ch. 1263, Sec. 12, 68 Stat. 1229. -------------------------------------------------------------------- In subsection (c) the words "in the amount" are omitted as unnecessary. In subsection (d) references to sections of title 18 and to R.S. 190 are omitted as unnecessary and the words "No law" are substituted for the words "Nothing * * * in any other provision of Federal law". AMENDMENTS 1986 - Pub. L. 99-433, Sec. 511(d), renumbered section 5153 of this title as this section. Subsec. (c). Pub. L. 99-433, Sec. 514(d)(2), substituted "claim, proceeding," for "claim proceeding". 1981 - Subsecs. (c), (d). Pub. L. 97-60 redesignated subsec. (d) as (c). Former subsec. (c), which allowed each member of the Committee compensation of $50 for each day or part of a day that the member attended any regularly called meeting of the Committee and also allowed that member reimbursement for all travel expenses incident to that attendance, was struck out. TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 10 USC Sec. 5025 1/15/2013 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 503 - DEPARTMENT OF THE NAVY -HEAD- Sec. 5025. Financial management -STATUTE- (a) The Secretary of the Navy shall provide that the Assistant Secretary of the Navy for Financial Management shall direct and manage financial management activities and operations of the Department of the Navy, including ensuring that financial management systems of the Department of the Navy comply with subsection (b). The authority of the Assistant Secretary for such direction and management shall include the authority to - (1) supervise and direct the preparation of budget estimates of the Department of the Navy and otherwise carry out, with respect to the Department of the Navy, the functions specified for the Under Secretary of Defense (Comptroller) in section 135(c) of this title; (2) approve and supervise any project to design or enhance a financial management system for the Department of the Navy; and (3) approve the establishment and supervise the operation of any asset management system of the Department of the Navy, including - (A) systems for cash management, credit management, and debt collection; and (B) systems for the accounting for the quantity, location, and cost of property and inventory. (b)(1) Financial management systems of the Department of the Navy (including accounting systems, internal control systems, and financial reporting systems) shall be established and maintained in conformance with - (A) the accounting and financial reporting principles, standards, and requirements established by the Comptroller General under section 3511 of title 31; and (B) the internal control standards established by the Comptroller General under section 3512 of title 31. (2) Such systems shall provide for - (A) complete, reliable, consistent, and timely information which is prepared on a uniform basis and which is responsive to the financial information needs of department management; (B) the development and reporting of cost information; (C) the integration of accounting and budgeting information; and (D) the systematic measurement of performance. (c) The Assistant Secretary shall maintain a five-year plan describing the activities the Department of the Navy proposes to conduct over the next five fiscal years to improve financial management. Such plan shall be revised annually. (d) The Assistant Secretary of the Navy for Financial Management shall transmit to the Secretary of the Navy a report each year on the activities of the Assistant Secretary during the preceding year. Each such report shall include a description and analysis of the status of Department of the Navy financial management. -SOURCE- (Added Pub. L. 100-456, div. A, title VII, Sec. 702(b)(2), Sept. 29, 1988, 102 Stat. 1994; amended Pub. L. 103-337, div. A, title X, Sec. 1070(a)(15), Oct. 5, 1994, 108 Stat. 2856; Pub. L. 104-106, div. A, title XV, Sec. 1503(b)(1), Feb. 10, 1996, 110 Stat. 512.) -MISC1- AMENDMENTS 1996 - Subsec. (a)(1). Pub. L. 104-106 substituted "Under Secretary of Defense (Comptroller)" for "Comptroller of the Department of Defense". 1994 - Subsec. (a)(1). Pub. L. 103-337 substituted "135(c)" for "137(c)". EFFECTIVE DATE Section effective Jan. 20, 1989, see section 702(e)(1) of Pub. L. 100-456, set out as an Effective Date of 1988 Amendment note under section 3016 of this title. -End- -CITE- 10 USC Sec. 5026 1/15/2013 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 503 - DEPARTMENT OF THE NAVY -HEAD- Sec. 5026. Consultation with Commandant of the Marine Corps on major decisions directly concerning Marine Corps aviation -STATUTE- The Secretary of the Navy shall ensure that the views of the Commandant of the Marine Corps are given appropriate consideration before a major decision is made by an element of the Department of the Navy outside the Marine Corps on a matter that directly concerns Marine Corps aviation. -SOURCE- (Added Pub. L. 105-261, div. A, title IX, Sec. 935(a), Oct. 17, 1998, 112 Stat. 2109.) -End- -CITE- 10 USC Sec. 5027 1/15/2013 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 503 - DEPARTMENT OF THE NAVY -HEAD- Sec. 5027. Chief of Legislative Affairs -STATUTE- (a) There is a Chief of Legislative Affairs in the Department of the Navy. An officer assigned to that position shall be an officer in the grade of rear admiral. (b) The Chief of Legislative Affairs shall perform legislative affairs functions as specified for the Office of the Secretary of the Navy by section 5014(c)(1)(F) of this title. -SOURCE- (Added Pub. L. 107-314, div. A, title V, Sec. 504(d)(1)(A), Dec. 2, 2002, 116 Stat. 2532.) -End- -CITE- 10 USC Sec. 5028 1/15/2013 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART I - ORGANIZATION CHAPTER 503 - DEPARTMENT OF THE NAVY -HEAD- Sec. 5028. Director of Small Business Programs -STATUTE- (a) Director. - There is a Director of Small Business Programs in the Department of the Navy. The Director is appointed by the Secretary of the Navy. (b) Office of Small Business Programs. - The Office of Small Business Programs of the Department of the Navy is the office that is established within the Department of the Navy under section 15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of Small Business Programs is the head of such office. (c) Duties and Powers. - (1) The Director of Small Business Programs shall, subject to paragraph (2), perform such duties regarding small business programs of the Department of the Navy, and shall exercise such powers regarding those programs, as the Secretary of the Navy may prescribe. (2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), except for the designations of the Director and the Office, applies to the Director of Small Business Programs. -SOURCE- (Added Pub. L. 109-163, div. A, title IX, Sec. 904(d)(1), Jan. 6, 2006, 119 Stat. 3401.) -CHANGE- CHANGE OF NAME The Director of Small and Disadvantaged Business Utilization of the Department of the Navy and the Office of Small and Disadvantaged Business Utilization of the Department of the Navy were redesignated the Director of Small Business Programs of the Department of the Navy and the Office of Small Business Programs of the Department of the Navy, respectively, by Pub. L. 109-163 which also provided that references to the former were deemed to refer to the latter. See section 904(a) of Pub. L. 109-163, set out as a note under section 144 of this title. -End-