CHAPTER 871—CIVILIAN EMPLOYEES
8742.
Physical examination: employees engaged in hazardous occupations.
8743.
Employment of aliens.
8746.
Administration of oaths by clerks and employees.
8747.
Transportation of dependents and household effects of civilian personnel stationed outside the United States: payment in lieu of transportation.
8748.
Naval War College and Marine Corps University: civilian faculty members.
8749.
Civil service mariners of Military Sealift Command: release of drug and alcohol test results to Coast Guard.
8749a.
Civil service mariners of Military Sealift Command: alcohol testing.
8750.
Special agents of the Naval Criminal Investigative Service: authority to execute warrants and make arrests.
Editorial Notes
Amendments
2021—Pub. L. 117–81, div. A, title X, §1081(a)(32), Dec. 27, 2021, 135 Stat. 1921, added items 8749 and 8749a and struck out former items 8749 "Civil service mariners of military sealift command: release of drug and alcohol test results to Coast Guard" and 8749a "Civil service mariners of military sealift command: alcohol testing".
2018—Pub. L. 115–232, div. A, title VIII, §807(e)(4), (f)(1), Aug. 13, 2018, 132 Stat. 1838, redesignated chapter 643 of this title as this chapter and items 7472, 7473, and 7476 to 7480 as 8742, 8743, and 8746 to 8750, respectively.
Pub. L. 115–232, div. A, title XI, §1114(c), Aug. 13, 2018, 132 Stat. 2013, added items 7479 and 7479a and struck out former item 7479 "Civil service mariners of Military Sealift Command: release of drug test results to Coast Guard".
2000—Pub. L. 106–398, §1 [[div. A], title V, §554(b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-127, added item 7480.
1998—Pub. L. 105–261, div. A, title XI, §1103(b), Oct. 17, 1998, 112 Stat. 2141, added item 7479.
1997—Pub. L. 105–85, div. A, title XI, §1109(b)(2), Nov. 18, 1997, 111 Stat. 1927, substituted "Marine Corps University" for "Marine Corps Command and Staff College" in item 7478.
1989—Pub. L. 101–189, div. A, title XI, §1124(c)(2), Nov. 29, 1989, 103 Stat. 1559, substituted "Naval War College and Marine Corps Command and Staff College: civilian faculty members" for "Naval War College: employment of civilian professors; compensation" in item 7478.
1966—Pub. L. 89–718, §43, Nov. 2, 1966, 80 Stat. 1120, struck out item 7474 "Wage rates: establishment".
1959—Pub. L. 86–148, §1(2), Aug. 7, 1959, 73 Stat. 302, struck out item 7475 "Force at naval activities not to be increased before elections".
1958—Pub. L. 85–861, §1(151), Sept. 2, 1958, 72 Stat. 1513, struck out item 7471 "Appointments: professional and scientific services".
§8742. Physical examination: employees engaged in hazardous occupations
(a) The Secretary of the Navy may provide for physical examination by civilians of employees engaged in hazardous occupations, where the professional services of the Medical Department are not available. The Secretary may compensate these civilians for their services, on a contract or fee basis, at the rates customary in the locality.
(b) The Secretary, to the extent he considers proper, may delegate the authority conferred by this section to any person in the Department of the Navy, with or without the authority to make successive redelegations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 462, §7472; renumbered §8742, Pub. L. 115–232, div. A, title VIII, §807(d)(6), Aug. 13, 2018, 132 Stat. 1836.)
In subsection (b) the words "except the authority to prescribe regulations" are omitted, since 5 U.S.C. 415c contains no authority for the Secretary of the Navy to prescribe regulations for the administration of that section.
Editorial Notes
Prior Provisions
A prior section 8742 was renumbered section 9272 of this title.
Amendments
2018—Pub. L. 115–232 renumbered section 7472 of this title as this section.
Statutory Notes and Related Subsidiaries
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.
§8743. Employment of aliens
Laws prohibiting payment of compensation to a person who is not a citizen of the United States do not apply to a person whose employment by the Department of the Navy is determined by the Secretary of the Navy to be necessary to obtain for the armed forces the benefits of the special technical or scientific knowledge or experience possessed by that person and not readily obtainable from a citizen.
(Aug. 10, 1956, ch. 1041, 70A Stat. 462, §7473; renumbered §8743, Pub. L. 115–232, div. A, title VIII, §807(d)(6), Aug. 13, 2018, 132 Stat. 1836.)
The word "Laws" is substituted for the words "Statutory provisions" for clarity. The words "armed forces" are substituted for the words "military services of the United States" for uniformity. The words "of the United States" at the end of the section are omitted as surplusage.
Editorial Notes
Prior Provisions
Prior sections 8743 to 8745 were renumbered sections 9273 to 9275 of this title, respectively.
Amendments
2018—Pub. L. 115–232 renumbered section 7473 of this title as this section.
Statutory Notes and Related Subsidiaries
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.
§8746. Administration of oaths by clerks and employees
(a) Chief clerks and inspectors attached to any office of inspector of naval material, chief clerks attached to the field service of the Department of the Navy, to naval shipyards and stations, and to Marine Corps posts and stations, and such other clerks and employees attached to those activities as the Secretary of the Navy designates, may administer—
(1) oaths required by law or regulation relating to claims against, or applications to, the United States of officers and of employees of the Department; and
(2) oaths of office to officers and employees of the Department.
(b) There may be no compensation for the administration of oaths under this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 463, §7476; renumbered §8746, Pub. L. 115–232, div. A, title VIII, §807(d)(6), Aug. 13, 2018, 132 Stat. 1836.)
Editorial Notes
Prior Provisions
A prior section 8746 was renumbered section 9276 of this title.
Amendments
2018—Pub. L. 115–232 renumbered section 7476 of this title as this section.
Statutory Notes and Related Subsidiaries
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.
§8747. Transportation of dependents and household effects of civilian personnel stationed outside the United States: payment in lieu of transportation
(a) When civilian employees of the Department of the Navy are located at duty stations outside the United States, the dependents and household effects of such personnel may be transported—
(1) from the locations outside the United States to locations designated by such personnel or their dependents; and
(2) from those designated locations to the duty stations to which the personnel are ordered.
The Secretary of the Navy may determine the civilian employees whose dependents and household effects may be transported under this section.
(b) Authority to transport household effects under this section includes authority to pack and unpack those effects.
(c) Transportation of dependents and household effects is authorized under this section either before or after orders are issued relieving the civilian concerned from the duty station outside the United States. The transportation may be by Government or commercial facilities.
(d) In place of the transportation in kind authorized for dependents, the Secretary may authorize the payment, after the travel has been completed, of an amount equal to the commercial transportation costs, including taxes if paid, of all parts of the travel for which transportation in kind was not furnished.
(e) Current appropriations available for travel and transportation may be used for expenditures under this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 463, §7477; renumbered §8747, Pub. L. 115–232, div. A, title VIII, §807(d)(6), Aug. 13, 2018, 132 Stat. 1836.)
In subsection (a) the words "without regard to rank or grade" and "or subsequent to the discharge or release of such personnel from active service" are omitted as applicable only to members of the naval service. The Act of February 18, 1946, 60 Stat. 20, applied to both civilian and naval personnel and was amended by the Act of October 12, 1949, ch. 681, §524, by deleting therefrom all reference to naval personnel. The words "the continental limits of" and "or in Alaska" are omitted as covered by the term "outside the United States".
Editorial Notes
Prior Provisions
A prior section 8747 was renumbered section 9277 of this title.
Amendments
2018—Pub. L. 115–232 renumbered section 7477 of this title as this section.
Statutory Notes and Related Subsidiaries
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.
§8748. Naval War College and Marine Corps University: civilian faculty members
(a) Authority of Secretary.—The Secretary of the Navy may employ as many civilians as professors, instructors, and lecturers at a school of the Naval War College or of the Marine Corps University as the Secretary considers necessary.
(b) Compensation of Faculty Members.—The compensation of persons employed under this section shall be as prescribed by the Secretary.
(c) Application to Certain Faculty Members.—This section shall not apply with respect to professors, instructors, and lecturers employed at a school of the Naval War College or of the Marine Corps University if the duration of the principal course of instruction offered at the school or college involved is less than 10 months.
(Aug. 10, 1956, ch. 1041, 70A Stat. 464, §7478; Pub. L. 101–189, div. A, title XI, §1124(c)(1), Nov. 29, 1989, 103 Stat. 1559; Pub. L. 105–85, div. A, title XI, §1109(a), (b)(1), Nov. 18, 1997, 111 Stat. 1927; renumbered §8748, Pub. L. 115–232, div. A, title VIII, §807(d)(6), Aug. 13, 2018, 132 Stat. 1836.)
In subsection (a) the words "for the proper instruction of naval personnel" and in subsection (b) the words "out of naval appropriations" are omitted as surplusage.
In subsection (c) the words "except the authority to prescribe regulations" are omitted, since 34 U.S.C. 1071 contains no authority for the Secretary to prescribe regulations.
Editorial Notes
Prior Provisions
A prior section 8748 was renumbered section 9278 of this title.
Amendments
2018—Pub. L. 115–232 renumbered section 7478 of this title as this section.
1997—Pub. L. 105–85, §1109(b)(1), substituted "Marine Corps University" for "Marine Corps Command and Staff College" in section catchline.
Subsecs. (a), (c). Pub. L. 105–85, §1109(a), substituted "of the Marine Corps University" for "at the Marine Corps Command and Staff College".
1989—Pub. L. 101–189 substituted "Naval War College and Marine Corps Command and Staff College: civilian faculty members" for "Naval War College: employment of civilian professors; compensation" as section catchline and amended text generally. Prior to amendment, text read as follows:
"(a) The Secretary of the Navy may employ as many civilians as professors, instructors, and lecturers at the Naval War College as he considers necessary.
"(b) The compensation of persons employed under this section is as prescribed by the Secretary.
"(c) The Secretary, to the extent he considers proper, may delegate the authority conferred by this section to any person in the Department of the Navy, with or without the authority to make successive redelegations."
Statutory Notes and Related Subsidiaries
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.
§8749. Civil service mariners of Military Sealift Command: release of drug and alcohol test results to Coast Guard
(a) Release of Drug or Alcohol Test Results to Coast Guard.—The Secretary of the Navy may release to the Commandant of the Coast Guard the results of a drug or alcohol test of any employee of the Department of the Navy who is employed in any capacity on board a vessel of the Military Sealift Command. Any such release shall be in accordance with the standards and procedures applicable to the disclosure and reporting to the Coast Guard of drug or alcohol test results and drug or alcohol test records of individuals employed on vessels documented under the laws of the United States.
(b) Waiver.—The results of a drug or alcohol test of an employee may be released under subsection (a) without the prior written consent of the employee that is otherwise required under section 503(e) of the Supplemental Appropriations Act, 1987 (5 U.S.C. 7301 note).
(Added Pub. L. 105–261, div. A, title XI, §1103(a), Oct. 17, 1998, 112 Stat. 2141, §7479; renumbered §8749 and amended Pub. L. 115–232, div. A, title VIII, §807(d)(6), title XI, §1114(b), Aug. 13, 2018, 132 Stat. 1836, 2013; Pub. L. 116–92, div. A, title XVII, §1731(a)(60)(A), Dec. 20, 2019, 133 Stat. 1815; Pub. L. 116–283, div. A, title X, §1081(a)(46), Jan. 1, 2021, 134 Stat. 3873.)
Editorial Notes
References in Text
Section 503(e) of the Supplemental Appropriations Act, 1987, referred to in subsec. (b), is section 503(e) of Pub. L. 100–71 which is set out as a note under section 7301 of Title 5, Government Organization and Employees.
Prior Provisions
A prior section 8749 was renumbered section 9279 of this title.
Amendments
2021—Subsec. (a). Pub. L. 116–283 substituted "alcohol test results" for "alcohol tests results".
2019—Pub. L. 116–92 capitalized "Military Sealift Command" and "Coast Guard" in section catchline.
2018—Pub. L. 115–232, §807(d)(6), renumbered section 7479 of this title as this section.
Pub. L. 115–232, §1114(b), substituted "Civil service mariners of military sealift command: release of drug and alcohol test results to coast guard" for "Civil service mariners of Military Sealift Command: release of drug test results to Coast Guard" in section catchline and inserted "Or Alcohol" after "Drug" in subsec. (a) heading and "or alcohol" after "drug" wherever appearing in text. Quoted text directed to be inserted in subsec. (a) heading was conformed to the style used in this title.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by section 807(d)(6) of 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.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§8749a. Civil service mariners of Military Sealift Command: alcohol testing
The Secretary of the Navy may prescribe regulations establishing a program to conduct on-duty reasonable suspicion alcohol testing and post-accident alcohol testing of civil service mariners of the Military Sealift Command who are assigned to vessels.
(Added §7479a and renumbered §8749a, Pub. L. 115–232, div. A, title VIII, §807(d)(6), title XI, §1114(a), Aug. 13, 2018, 132 Stat. 1836, 2013; amended Pub. L. 116–92, div. A, title XVII, §1731(a)(60)(B), Dec. 20, 2019, 133 Stat. 1815.)
Editorial Notes
Amendments
2019—Pub. L. 116–92 capitalized "Military Sealift Command" in section catchline.
2018—Pub. L. 115–232, §807(d)(6), renumbered section 7479a of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by section 807(d)(6) of 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.
§8750. Special agents of the Naval Criminal Investigative Service: authority to execute warrants and make arrests
(a) Authority.—The Secretary of the Navy may authorize any Department of the Navy civilian employee described in subsection (b) to have the same authority to execute and serve warrants and other processes issued under the authority of the United States and to make arrests without a warrant as may be authorized under section 1585a of this title for special agents of the Defense Criminal Investigative Service.
(b) Agents To Have Authority.—Subsection (a) applies to any employee of the Department of the Navy who is a special agent of the Naval Criminal Investigative Service (or any successor to that service) whose duties include conducting, supervising, or coordinating investigations of criminal activity in programs and operations of the Department of the Navy.
(c) Guidelines for Exercise of Authority.—The authority provided under subsection (a) shall be exercised in accordance with guidelines prescribed by the Secretary of the Navy and approved by the Secretary of Defense and the Attorney General and any other applicable guidelines prescribed by the Secretary of the Navy, the Secretary of Defense, or the Attorney General.
(Added Pub. L. 106–398, §1 [[div. A], title V, §554(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-126, §7480; renumbered §8750, Pub. L. 115–232, div. A, title VIII, §807(d)(6), Aug. 13, 2018, 132 Stat. 1836.)
Editorial Notes
Prior Provisions
A prior section 8750 was renumbered section 9280 of this title.
Amendments
2018—Pub. L. 115–232 renumbered section 7480 of this title as this section.
Statutory Notes and Related Subsidiaries
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.