[USC02] 10 USC Ch. 803: DEPARTMENT OF THE NAVY
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10 USC Ch. 803: DEPARTMENT OF THE NAVY
From Title 10—ARMED FORCESSubtitle C—Navy and Marine CorpsPART I—ORGANIZATION

CHAPTER 803—DEPARTMENT OF THE NAVY

Sec.
8011.
Organization.
8012.
Department of the Navy: seal.
8013.
Secretary of the Navy.
8013a.
Secretary of the Navy: powers with respect to Coast Guard.
8014.
Office of the Secretary of the Navy.
8015.
Under Secretary of the Navy.
8016.
Assistant Secretaries of the Navy.
8017.
Secretary of the Navy: successors to duties.
8018.
Administrative Assistant.
8019.
General Counsel.
8020.
Naval Inspector General: detail; duties.
8022.
Office of Naval Research: duties.
8023.
Office of Naval Research: appropriations; time limit.
8024.
Naval Research Advisory Committee.
8025.
Financial management.
8026.
Consultation with Commandant of the Marine Corps on major decisions directly concerning Marine Corps aviation.
8027.
Chief of Legislative Affairs.
8028.
Director of Small Business Programs.

        

Prior Provisions

A prior chapter 803, consisting of sections 8011 to 8024, related to Department of the Air Force, prior to renumbering as chapter 903 of this title.

Amendments

2018Pub. L. 115–232, div. A, title VIII, §807(e)(1), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated chapter 503 of this title as this chapter and items 5011 to 5028 as 8011 to 8028, respectively.

2006Pub. L. 109–163, div. A, title IX, §904(d)(2), Jan. 6, 2006, 119 Stat. 3401, added item 5028.

2002Pub. L. 107–314, div. A, title V, §504(d)(1)(B), Dec. 2, 2002, 116 Stat. 2532, added item 5027.

1998Pub. L. 105–261, div. A, title IX, §935(b), Oct. 17, 1998, 112 Stat. 2110, added item 5026.

1990Pub. L. 101–510, div. A, title IX, §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".

1988Pub. L. 100–456, div. A, title VII, §702(b)(3), Sept. 29, 1988, 102 Stat. 1995, added item 5025.

1986Pub. L. 99–433, title V, §511(f), Oct. 1, 1986, 100 Stat. 1048, amended analysis generally, substituting items 5011 to 5024 for former items 5011 to 5014.

1964Pub. L. 88–426, title III, §305(40)(B), Aug. 14, 1964, 78 Stat. 427, struck out item 5014 "Compensation of General Counsel".

1958Pub. L. 85–861, §1(106)(B), Sept. 2, 1958, 72 Stat. 1490, added item 5014.

§8011. Organization

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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 277, §5011; Pub. L. 87–651, title II, §212, Sept. 7, 1962, 76 Stat. 524; Pub. L. 99–433, title V, §511(b)(2), (c)(1), Oct. 1, 1986, 100 Stat. 1043; renumbered §8011, Pub. L. 115–232, div. A, title VIII, §807(a)(1), Aug. 13, 2018, 132 Stat. 1834.)

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 sectionSource (U.S. Code)Source (Statutes at Large)
5011 5:171a(c)(7) (1st sentence, less applicability to Departments of Army and Air Force). July 26, 1947, ch. 343, §202(c)(7) (1st sentence, less applicability to Departments of Army and Air Force); added Aug. 6, 1958, Pub. L. 85–599, §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".

Prior Provisions

A prior section 8011 was renumbered section 9011 of this title.

Another prior section 8011 was renumbered section 9012 of this title.

Amendments

2018Pub. L. 115–232 renumbered section 5011 of this title as this section.

1986Pub. L. 99–433, §511(c)(1), substituted "Organization" for "Composition" in section catchline.

Pub. L. 99–433, §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.

1962Pub. 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.

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.

§8012. Department of the Navy: seal

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.

(Added Pub. L. 99–433, title V, §511(c)(2), Oct. 1, 1986, 100 Stat. 1043, §5012; renumbered §8012, Pub. L. 115–232, div. A, title VIII, §807(a)(1), Aug. 13, 2018, 132 Stat. 1834.)

Prior Provisions

A prior section 8012 was renumbered section 9012 of this title.

Another prior section 8012 was renumbered section 8013 of this title and subsequently repealed.

Amendments

2018Pub. L. 115–232 renumbered section 5012 of this title as this section.

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.

§8013. Secretary of the Navy

(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 shall, to the greatest extent practicable, be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management or leadership experience. The Secretary is the head of the Department of the 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.

(Added Pub. L. 99–433, title V, §511(c)(2), Oct. 1, 1986, 100 Stat. 1043, §5013; amended Pub. L. 99–661, div. A, title V, §534, Nov. 14, 1986, 100 Stat. 3873; Pub. L. 108–136, div. A, title IX, §901, Nov. 24, 2003, 117 Stat. 1558; Pub. L. 114–328, div. A, title IX, §931(b), Dec. 23, 2016, 130 Stat. 2363; renumbered §8013, Pub. L. 115–232, div. A, title VIII, §807(a)(1), Aug. 13, 2018, 132 Stat. 1834.)

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 8013 was renumbered section 9013 of this title.

Another prior section 8013, acts Aug. 10, 1956, ch. 1041, 70A Stat. 488, §8012; Sept. 2, 1958, Pub. L. 85–861, §1(152), 72 Stat. 1513; Sept. 7, 1962, Pub. L. 87–651, title II, §211, 76 Stat. 524; Aug. 14, 1964, Pub. L. 88–426, title III, §§305(7), 306(j)(7), 78 Stat. 423, 432; renumbered §8013, Oct. 1, 1986, Pub. L. 99–433, title V, §521(a)(1), 100 Stat. 1055, related to Secretary of the Air Force, powers and duties, and delegations, prior to repeal by Pub. L. 99–433, §521(a)(3).

Another prior section 8013 was renumbered section 8014 of this title and subsequently repealed.

Amendments

2018Pub. L. 115–232 renumbered section 5013 of this title as this section.

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

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

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

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.

Formal Training for Shipboard System Programs of Record

Pub. L. 116–92, div. A, title X, §1036, Dec. 20, 2019, 133 Stat. 1583, provided that:

"(a) In General.—The Secretary of the Navy shall ensure that there is formal training provided for any shipboard system that is a program of record on any Navy surface vessel.

"(b) Timline for Implementation.—

"(1) Current programs.—In the case of any shipboard system program of record that is in use as of the date of the enactment of this Act [Dec. 20, 2019] for which no formal training is available, the Secretary shall ensure that such training is available by not later than 12 months after the date of the enactment of this Act.

"(2) Future programs.—In the case of any shipboard system program of record that is first accepted by the Government after the date of the enactment of this Act, the Secretary shall ensure that formal training is established for such program by not later than 12 months after the date on which the shipboard system program of record is first accepted by the Government."

Limitation on Modifications to Navy Facilities Sustainment, Restoration, and Modernization Structure and Mechanism

Pub. L. 115–232, div. A, title III, §328, Aug. 13, 2018, 132 Stat. 1723, provided that: "The Secretary of the Navy may not make any modification to the existing Navy Facilities Sustainment, Restoration, and Modernization structure or mechanism that would modify duty relationships or significantly alter the existing structure until 90 days after providing notice of the proposed modification to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]."

Notification on Manning of Afloat Naval Forces

Pub. L. 116–92, div. A, title V, §597(a)–(e), Dec. 20, 2019, 133 Stat. 1418, 1419, provided that:

"(a) In General.—The Secretary of the Navy shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], in writing, not later than 30 days after the end of each fiscal year quarter, of each covered ship (if any) that met either condition as follows:

"(1) The manning fit for such ship was less than 87 percent for more than 14 days during such fiscal year quarter.

"(2) The manning fill for such ship was less than 90 percent for more than 14 days during such fiscal year quarter.

"(b) Elements.—The notification required by subsection (a) shall include, with respect to a covered ship, the following:

"(1) The name and hull number of the ship.

"(2) The homeport location of the ship.

"(3) The current manning fit and fill of the ship.

"(4) If the lowest level of manning fit or manning fill for the ship occurred during the fiscal year quarter concerned, the level concerned and the date on which such level occurred.

"(5) If the lowest level of manning fit or manning fill for the ship is projected to occur after the fiscal year quarter concerned, the projected level and the date on which such level is projected to occur.

"(6) If not achieved as of the date of the notification the projected date on which the Navy will achieve a manning fit and fill at least 87 percent and 90 percent, respectively, for the ship.

"(7) If not achieved as of the date of the notification, the projected date on which the Navy will achieve a manning fit and fill of at least 92 percent and 95 percent, respectively, for the ship.

"(8) A description of the reasons the Navy has not achieved, or will not achieve, as applicable, manning fit and fill of at least 87 percent and 90 percent, respectively, for the ship, including a detailed description of the specific ratings or skillset areas that must be manned to achieve those percentages.

"(9) A description of corrective actions the Navy is taking to improve manning fit or manning fill on the ship.

"(c) Special Rule.—For purposes of determining whether a percentage of manning fit or manning fill has been achieved, a sailor in a more senior paygrade may count as filling the billet of a more junior paygrade, but a sailor in a more junior paygrade may not count as filling the billet of a more senior paygrade.

"(d) Definitions.—In this section:

"(1) Manning fit.—The term 'manning fit', in the case of a ship, means the skills (rating), specialty skills (Navy Enlisted Classifications), and experience (paygrade) for the ship when compared with the ship manpower document requirement and billets authorized for such skills and experience.

"(2) Manning fill.—The term 'manning fill', in the case of a ship, means the total number of military personnel assigned to the ship by rating when compared with the ship manpower document requirement and billets authorized for the ship by rating.

"(3) Covered ship.—The term 'covered ship' means a commissioned battle force ship that is included in the battle force count of the Naval Vessel Register.

"(e) Sunset.—The requirement to submit notifications under subsection (a) with respect to fiscal year quarters shall cease beginning with fiscal year quarters in fiscal year 2025."

Pub. L. 115–232, div. A, title V, §525, Aug. 13, 2018, 132 Stat. 1757, which provided that the Secretary of the Navy was to notify the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, in writing, not later than 15 days after the manning fit for a commissioned battle force ship was less than 87 percent or the manning fill for such ship was less than 90 percent, was repealed by Pub. L. 116–92, div. A, title V, §597(f), Dec. 20, 2019, 133 Stat. 1419. See note above.

Navy Watchstander Records

Pub. L. 115–232, div. A, title V, §526, Aug. 13, 2018, 132 Stat. 1758, provided that:

"(a) In General.—The Secretary of the Navy shall require that, commencing not later than 180 days after the date of the enactment of this Act [Aug. 13, 2018], key watchstanders on Navy surface ships shall maintain a career record of watchstanding hours and specific operational evolutions.

"(b) Key Watchstander Defined.—In this section, the term 'key watchstander' means each of the following:

"(1) Officer of the Deck.

"(2) Engineering Officer of the Watch.

"(3) Conning Officer or Piloting Officer.

"(4) Any other officer specified by the Secretary for purposes of this section.

"(c) Briefings of Congress.—

"(1) Initial briefing.—Not later than 150 days after the date of the enactment of this Act [Aug. 13, 2018], the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the plan of the Secretary for the maintenance of watchstander records, including updates to policy documents.

"(2) Update briefings.—Not later than one year after the briefing pursuant to paragraph (1), and annually thereafter for the next two years, the Secretary shall provide to the committees of Congress referred to in that paragraph an update briefing on the status of the implementation of the plan described in that paragraph."

Reversionary Interests in Real Property Used by Closed or Realigned Naval Stations

Pub. L. 109–148, div. B, title I, §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, §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, §338, Nov. 24, 2003, 117 Stat. 1447, as amended by Pub. L. 110–181, div. A, title III, §329, Jan. 28, 2008, 122 Stat. 67; Pub. L. 112–239, div. A, title III, §321, Jan. 2, 2013, 126 Stat. 1694; Pub. L. 113–66, div. A, title X, §1091(d), Dec. 26, 2013, 127 Stat. 876; Pub. L. 115–91, div. A, title III, §321, Dec. 12, 2017, 131 Stat. 1352, provided that:

"(a) Demonstration Project Authorized.—In accordance with section 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 2023.

"(e) Report.—Not later than January 15, 2024, 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."

Use of Naval Installations for Employment Training of Nonviolent Offenders in State Penal Systems

Pub. L. 103–160, div. A, title XIII, §1374, Nov. 30, 1993, 107 Stat. 1821, as amended by Pub. L. 103–337, div. A, title X, §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, Government Organization and Employees.

§8013a. Secretary of the Navy: powers with respect to Coast Guard

(a) Whenever the Coast Guard operates as a service in the Navy under section 3 1 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 279, §5032; Pub. L. 96–513, title V, §513(3), Dec. 12, 1980, 94 Stat. 2931; renumbered §5013a, Pub. L. 99–433, title V, §511(c)(3), Oct. 1, 1986, 100 Stat. 1045; Pub. L. 107–296, title XVII, §1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; renumbered §8013a, Pub. L. 115–232, div. A, title VIII, §807(a)(1), Aug. 13, 2018, 132 Stat. 1834.)

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.

References in Text

Section 3 of title 14, referred to in subsec. (a), was redesignated section 103 of title 14 by Pub. L. 115–282, title I, §103(b), Dec. 4, 2018, 132 Stat. 4195, and references to section 3 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.

Amendments

2018Pub. L. 115–232 renumbered section 5013a of this title as this section.

2002—Subsec. (a). Pub. L. 107–296 substituted "Secretary of Homeland Security" for "Secretary of Transportation".

1986Pub. L. 99–433 renumbered section 5032 of this title as this section.

1980—Subsec. (a). Pub. L. 96–513 substituted "Secretary of Transportation" for "Secretary of the Treasury".

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.

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.

1 See References in Text note below.

§8014. Office of the Secretary of the Navy

(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 3,150.

(2) Not more than 1,800 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.

(5) Each limitation in paragraphs (1) and (2) may be exceeded by a number equal to 15 percent of such limitation in time of national emergency.

(Added Pub. L. 99–433, title V, §511(c)(4), Oct. 1, 1986, 100 Stat. 1045, §5014; amended Pub. L. 100–180, div. A, title XIII, §1314(b)(7), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 100–456, div. A, title III, §325(b), Sept. 29, 1988, 102 Stat. 1955; Pub. L. 101–189, div. A, title VI, §652(a)(4), Nov. 29, 1989, 103 Stat. 1461; Pub. L. 107–107, div. A, title X, §1048(a)(28), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 107–314, div. A, title V, §504(d)(2), Dec. 2, 2002, 116 Stat. 2532; Pub. L. 114–328, div. A, title IX, §903(d), Dec. 23, 2016, 130 Stat. 2344; renumbered §8014, Pub. L. 115–232, div. A, title VIII, §807(a)(1), Aug. 13, 2018, 132 Stat. 1834; Pub. L. 116–92, div. A, title IX, §901(a)(4), Dec. 20, 2019, 133 Stat. 1542.)

Prior Provisions

A prior section 8014 was renumbered section 9014 of this title.

Another prior section 8014, acts Aug. 10, 1956, ch. 1041, 70A Stat. 489, §8013; Aug. 6, 1958, Pub. L. 85–599, §8(c), 72 Stat. 520; Sept. 2, 1958, Pub. L. 85–861, §1(153), 72 Stat. 1513; Aug. 14, 1964, Pub. L. 88–426, title III, §305(8), 78 Stat. 423; Dec. 1, 1967, Pub. L. 90–168, §2(15), 81 Stat. 523; Nov. 9, 1979, Pub. L. 96–107, title VIII, §820(d), 93 Stat. 819; renumbered §8014, Oct. 1, 1986, Pub. L. 99–433, title V, §521(a)(1), 100 Stat. 1055, related to Under Secretary and Assistant Secretaries of the Air Force, appointment, and duties, prior to repeal by Pub. L. 99–433, §521(a)(3).

Another prior section 8014 was renumbered section 8015 of this title and subsequently repealed.

Amendments

2019—Subsec. (f)(1). Pub. L. 116–92, §901(a)(4)(A), substituted "3,150" for "2,866".

Subsec. (f)(2). Pub. L. 116–92, §901(a)(4)(B), substituted "1,800" for "1,720".

2018Pub. L. 115–232 renumbered section 5014 of this title as this section.

2016—Subsec. (f)(4). Pub. L. 114–328, §903(d)(1), substituted "time of war." for "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."

Subsec. (f)(5). Pub. L. 114–328, §903(d)(2), added par. (5).

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 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.

Effective Date of 1988 Amendment

Pub. L. 100–456, div. A, title III, §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) [now 7014(c)(5), 8014(c)(5)(A), and 9014(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) [now 8014(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 7014 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.

§8015. Under Secretary of the Navy

(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.

(Added Pub. L. 99–433, title V, §511(c)(4), Oct. 1, 1986, 100 Stat. 1047, §5015; renumbered §8015, Pub. L. 115–232, div. A, title VIII, §807(a)(1), Aug. 13, 2018, 132 Stat. 1834.)

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.

A prior section 8015 was renumbered section 9015 of this title.

Another prior section 8015, acts Aug. 10, 1956, ch. 1041, 70A Stat. 489, §8014; renumbered §8015, Oct. 1, 1986, Pub. L. 99–433, title V, §521(a)(1), 100 Stat. 1055, related to Comptroller and Deputy Comptroller of the Air Force, powers and duties, and appointment, prior to repeal by Pub. L. 99–433, §521(a)(3).

Amendments

2018Pub. L. 115–232 renumbered section 5015 of this title as this section.

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.

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, Government Organization and Employees.

§8016. Assistant Secretaries of the Navy

(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)(A) One of the Assistant Secretaries shall be the Assistant Secretary of the Navy for Financial Management.

(B) The Assistant Secretary shall be appointed from among persons who have significant budget, financial management, or audit experience in complex organizations.

(C) The principal responsibility of the Assistant Secretary shall be 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, acquisition, and sustainment (including maintenance) matters of the Department of the Navy.

(B) The Assistant Secretary shall have a Principal Military Deputy, who shall be an officer of the Navy or 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 1731 of this title. In the event of a vacancy in the position of Assistant Secretary of the Navy for Research, Development, and Acquisition, the Principal Military Deputy may serve as Acting Assistant Secretary for a period of not more than one year.

(5)(A) One of the Assistant Secretaries shall be the Assistant Secretary for Energy, Installations, and Environment.

(B) The principal duty of the Assistant Secretary for Energy, Installations, and Environment shall be the overall supervision of energy, installation, and environment matters for the Department of the Navy.

(Added Pub. L. 99–433, title V, §511(c)(4), Oct. 1, 1986, 100 Stat. 1047, §5016; amended Pub. L. 100–456, div. A, title VII, §702(b)[(1)], Sept. 29, 1988, 102 Stat. 1994; Pub. L. 110–181, div. A, title IX, §908(b), Jan. 28, 2008, 122 Stat. 278; Pub. L. 114–328, div. A, title V, §502(t), title VIII, §802(b), Dec. 23, 2016, 130 Stat. 2104, 2249; Pub. L. 115–91, div. A, title IX, §921(b), Dec. 12, 2017, 131 Stat. 1524; renumbered §8016 and amended Pub. L. 115–232, div. A, title VIII, §807(a)(1), title IX, §915, Aug. 13, 2018, 132 Stat. 1834, 1924; Pub. L. 116–92, div. A, title VIII, §861(j)(15), title IX, §911(b), Dec. 20, 2019, 133 Stat. 1520, 1559.)

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.

A prior section 8016 was renumbered section 9016 of this title.

Amendments

2019—Subsec. (b)(4)(B). Pub. L. 116–92, §861(j)(15), substituted "under section 1731 of this title" for "under section 1733 of this title".

Subsec. (b)(5). Pub. L. 116–92, §911(b), added par. (5).

2018Pub. L. 115–232, §807(a)(1), renumbered section 5016 of this title as this section.

Subsec. (b)(4)(A). Pub. L. 115–232, §915, substituted "acquisition, and sustainment (including maintenance) matters" for "and acquisition matters".

2017—Subsec. (b)(3). Pub. L. 115–91 designated first sentence as subpar. (A), designated second and third sentences as subpar. (C) and, in subpar. (C), substituted "The principal responsibility of the Assistant Secretary shall be" for "The Assistant Secretary shall have as his principal responsibility", and added subpar. (B).

2016—Subsec. (b)(4)(B). Pub. L. 114–328, §802(b), inserted at end "In the event of a vacancy in the position of Assistant Secretary of the Navy for Research, Development, and Acquisition, the Principal Military Deputy may serve as Acting Assistant Secretary for a period of not more than one year."

Pub. L. 114–328, §502(t), substituted "an officer of the Navy or the Marine Corps" for "a vice admiral of the Navy or a lieutenant general of the Marine Corps".

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 2018 Amendment

Amendment by section 807(a)(1) 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.

Effective Date of 2017 Amendment

For applicability of appointment qualifications imposed by section 921 of Pub. L. 115–91 to certain appointments made on or after Dec. 12, 2017, see section 921(d) of Pub. L. 115–91, set out as a note under section 7016 of this title.

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 7016 of this title.

§8017. Secretary of the Navy: successors to duties

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.

(Added Pub. L. 99–433, title V, §511(c)(4), Oct. 1, 1986, 100 Stat. 1047, §5017; amended Pub. L. 103–337, div. A, title IX, §902(b), Oct. 5, 1994, 108 Stat. 2823; renumbered §8017, Pub. L. 115–232, div. A, title VIII, §807(a)(1), Aug. 13, 2018, 132 Stat. 1834.)

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, §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.

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.

A prior section 8017 was renumbered section 9017 of this title.

Amendments

2018Pub. L. 115–232 renumbered section 5017 of this title as this section.

1994—Pars. (3) to (5). Pub. L. 103–337 added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.

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.

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, Government Organization and Employees.

1 See References in Text note below.

§8018. Administrative Assistant

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.

(Added Pub. L. 99–433, title V, §511(c)(4), Oct. 1, 1986, 100 Stat. 1047, §5018; renumbered §8018, Pub. L. 115–232, div. A, title VIII, §807(a)(1), Aug. 13, 2018, 132 Stat. 1834.)

Prior Provisions

A prior section 8018 was renumbered section 9018 of this title.

Another prior section 8018, added Pub. L. 85–861, §1(154)(A), Sept. 2, 1958, 72 Stat. 1513, prescribed compensation of General Counsel of Department of the Air Force, prior to repeal by Pub. L. 88–426, title III, §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

2018Pub. L. 115–232 renumbered section 5018 of this title as this section.

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.

§8019. General Counsel

(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.

(Added Pub. L. 99–433, title V, §511(c)(4), Oct. 1, 1986, 100 Stat. 1047, §5019; amended Pub. L. 100–456, div. A, title VII, §703(a), Sept. 29, 1988, 102 Stat. 1996; renumbered §8019, Pub. L. 115–232, div. A, title VIII, §807(a)(1), Aug. 13, 2018, 132 Stat. 1834.)

Prior Provisions

A prior section 8019 was renumbered section 9019 of this title.

Another prior section 8019 was renumbered section 9038 of this title.

Amendments

2018Pub. L. 115–232 renumbered section 5019 of this title as this section.

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 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.

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 7019 of this title.

§8020. Naval Inspector General: detail; duties

(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 283, §5088; Pub. L. 96–513, title V, §503(7), Dec. 12, 1980, 94 Stat. 2911; renumbered §5020 and amended Pub. L. 99–433, title V, §511(c)(5), Oct. 1, 1986, 100 Stat. 1047; renumbered §8020, Pub. L. 115–232, div. A, title VIII, §807(a)(1), Aug. 13, 2018, 132 Stat. 1834.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
5088(a), (b), (c) 5 U.S.C. 423f. Mar. 5, 1948, ch. 98, §6, 62 Stat. 68.
5088(d) 5 U.S.C. 423k (as applicable to the Naval Inspector General). Mar. 5, 1948, ch. 98, §11, 62 Stat. 69 (as 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".

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.

Prior Provisions

A prior section 8020 was renumbered section 9020 of this title.

A prior section 8021 was renumbered section 9021 of this title.

Another prior section 8021 was renumbered section 10305 of this title.

Amendments

2018Pub. L. 115–232 renumbered section 5020 of this title as this section.

1986—Subsec. (a). Pub. L. 99–433, §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, §511(c)(5)(B), (C), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 99–433, §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, §503(7)(A), substituted "active-duty list" for "active list".

Subsec. (d). Pub. L. 96–513, §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 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.

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.

§8022. Office of Naval Research: duties

(a) There is in the Office of the Secretary of the Navy an Office of Naval Research.

(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 291, §5151; renumbered §5022, Pub. L. 99–433, title V, §511(d), Oct. 1, 1986, 100 Stat. 1048; amended Pub. L. 101–510, div. A, title IX, §910(b)(1), Nov. 5, 1990, 104 Stat. 1625; Pub. L. 104–201, div. A, title V, §501(a), Sept. 23, 1996, 110 Stat. 2510; Pub. L. 106–398, §1 [[div. A], title IX, §904(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-225; Pub. L. 107–314, div. A, title V, §504(f), Dec. 2, 2002, 116 Stat. 2533; Pub. L. 114–328, div. A, title V, §502(u), Dec. 23, 2016, 130 Stat. 2104; renumbered §8022, Pub. L. 115–232, div. A, title VIII, §807(a)(1), Aug. 13, 2018, 132 Stat. 1834.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
5151(a) 5 U.S.C. 475 (20th through 111th words). Aug. 1, 1946, ch. 727, §1 (22d through 114th words), 60 Stat. 779.
5151(b) 5 U.S.C. 475d(a) (2d sentence). Aug. 1, 1946, ch. 727, §5(a) (2d sentence), 60 Stat. 780.
5151(c) 5 U.S.C. 475 (2d sentence). Aug. 1, 1946, ch. 727, §1 (2d sentence), 60 Stat. 779.

In subsection (c) the words "shall have full force and effect as such" are omitted as surplusage.

Prior Provisions

A prior section 8022 was renumbered section 9022 of this title.

Amendments

2018Pub. L. 115–232 renumbered section 5022 of this title as this section.

2016—Subsec. (a). Pub. L. 114–328, which directed amendment of "Section 5022 of title 10, United States Code," by striking the par. (1) designation and by striking par. (2), without specifying the subsection of section 5022 to be amended, was executed by striking the par. (1) designation before "There is in the Office" in subsec. (a) and by striking par. (2) of subsec. (a) to reflect the probable intent of Congress. Par. (2) of subsec. (a) read as follows: "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."

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).

1990Pub. L. 101–510 added subsec. (a) and redesignated former subsecs. (a) to (c) as (b) to (d), respectively.

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.

Effective Date of 1996 Amendment

Pub. L. 104–201, div. A, title V, §501(b), Sept. 23, 1996, 110 Stat. 2510, provided that: "Paragraph (2) of section 5022(a) [now 8022(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, §262, Dec. 28, 2001, 115 Stat. 1044, directed the Secretary of the Navy to carry out a demonstration project, during the three-year period beginning on Dec. 28, 2001, to increase access to Navy facilities of small businesses and universities that are engaged in science and technology research beneficial to the fleet and provided that Secretary would submit a report on the demonstration project to Congress by Feb. 1, 2004.

§8023. Office of Naval Research: appropriations; time limit

(a) Sums appropriated for the Office of Naval Research may be used to pay the cost of performing its duties under section 8022 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 291, §5152; renumbered §5023 and amended Pub. L. 99–433, title V, §§511(d), 514(c)(2), Oct. 1, 1986, 100 Stat. 1048, 1055; renumbered §8023 and amended Pub. L. 115–232, div. A, title VIII, §§807(a)(1), 809(a), Aug. 13, 2018, 132 Stat. 1834, 1840.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
5152 5 U.S.C. 475d(a) (less 2d sentence). Aug. 1, 1946, ch. 727, §5 (a) (less 2d sentence), 60 Stat. 780.
  5 U.S.C. 475d(b). Aug. 1, 1946, ch. 727, §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.

Prior Provisions

A prior section 8023 was renumbered section 9023 of this title.

Amendments

2018Pub. L. 115–232, §807(a)(1), renumbered section 5023 of this title as this section.

Subsec. (a). Pub. L. 115–232, §809(a), substituted "section 8022" for "section 5022" in introductory provisions.

1986Pub. L. 99–433, §511(d), renumbered section 5152 of this title as this section.

Subsec. (a). Pub. L. 99–433, §514(c)(2), substituted "section 5022" for "section 5151".

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.

§8024. Naval Research Advisory Committee

(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 291, §5153; Pub. L. 97–60, title II, §205, Oct. 14, 1981, 95 Stat. 1007; renumbered §5024 and amended Pub. L. 99–433, title V, §§511(d), 514(d)(2), Oct. 1, 1986, 100 Stat. 1048, 1055; renumbered §8024, Pub. L. 115–232, div. A, title VIII, §807(a)(1), Aug. 13, 2018, 132 Stat. 1834.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
5153 5 U.S.C. 475c. Aug. 1, 1946, ch. 727, §4, 60 Stat. 779; Sept. 3, 1954, ch. 1263, §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".

Prior Provisions

A prior section 8024 was renumbered section 9024 of this title.

Amendments

2018Pub. L. 115–232 renumbered section 5024 of this title as this section.

1986Pub. L. 99–433, §511(d), renumbered section 5153 of this title as this section.

Subsec. (c). Pub. L. 99–433, §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.

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.

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.

§8025. Financial management

(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.

(Added Pub. L. 100–456, div. A, title VII, §702(b)(2), Sept. 29, 1988, 102 Stat. 1994, §5025; amended Pub. L. 103–337, div. A, title X, §1070(a)(15), Oct. 5, 1994, 108 Stat. 2856; Pub. L. 104–106, div. A, title XV, §1503(b)(1), Feb. 10, 1996, 110 Stat. 512; renumbered §8025, Pub. L. 115–232, div. A, title VIII, §807(a)(1), Aug. 13, 2018, 132 Stat. 1834.)

Amendments

2018Pub. L. 115–232 renumbered section 5025 of this title as this section.

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 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.

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 7016 of this title.

§8026. Consultation with Commandant of the Marine Corps on major decisions directly concerning Marine Corps aviation

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.

(Added Pub. L. 105–261, div. A, title IX, §935(a), Oct. 17, 1998, 112 Stat. 2109, §5026; renumbered §8026, Pub. L. 115–232, div. A, title VIII, §807(a)(1), Aug. 13, 2018, 132 Stat. 1834.)

Amendments

2018Pub. L. 115–232 renumbered section 5026 of this title as this section.

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.

§8027. Chief of Legislative Affairs

(a) There is a Chief of Legislative Affairs in the Department of the Navy.

(b) The Chief of Legislative Affairs shall perform legislative affairs functions as specified for the Office of the Secretary of the Navy by section 8014(c)(1)(F) of this title.

(Added Pub. L. 107–314, div. A, title V, §504(d)(1)(A), Dec. 2, 2002, 116 Stat. 2532, §5027; amended Pub. L. 114–328, div. A, title V, §502(v), Dec. 23, 2016, 130 Stat. 2104; renumbered §8027 and amended Pub. L. 115–232, div. A, title VIII, §§807(a)(1), 809(a), Aug. 13, 2018, 132 Stat. 1834, 1840.)

Amendments

2018Pub. L. 115–232, §807(a)(1), renumbered section 5027 of this title as this section.

Subsec. (b). Pub. L. 115–232, §809(a), substituted "section 8014(c)(1)(F)" for "section 5014(c)(1)(F)".

2016—Subsec. (a). Pub. L. 114–328 struck out second sentence which read as follows: "An officer assigned to that position shall be an officer in the grade of rear admiral."

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.

§8028. Director of Small Business Programs

(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.

(Added Pub. L. 109–163, div. A, title IX, §904(d)(1), Jan. 6, 2006, 119 Stat. 3401, §5028; renumbered §8028, Pub. L. 115–232, div. A, title VIII, §807(a)(1), Aug. 13, 2018, 132 Stat. 1834.)

Amendments

2018Pub. L. 115–232 renumbered section 5028 of this title as this section.

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.

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.