USC Chapter 803

in effect

10 U.S.C. § 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.

10 U.S.C. § 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.

10 U.S.C. § 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 seven years after relief from active duty as a commissioned officer of a regular component of an armed force. (b) Subject to the authority, direction, and control of the Secretary of Defense and subject to the provisions of chapter 6 of this title, the Secretary of the 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.

10 U.S.C. § 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 11 See References in Text note below. 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.

10 U.S.C. § 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.

10 U.S.C. § 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.

10 U.S.C. § 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.

10 U.S.C. § 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 11 See References in Text note below. 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.

10 U.S.C. § 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.

10 U.S.C. § 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.

10 U.S.C. § 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 chapter 4 of title 5 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.

10 U.S.C. § 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.

10 U.S.C. § 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.

10 U.S.C. § 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.

10 U.S.C. § 8026 Consultation with Commandant of the Marine Corps on major decisions directly concerning Marine Corps aviation or amphibious force structure and capability

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 or amphibious force structure and capability.

10 U.S.C. § 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.

10 U.S.C. § 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.

10 U.S.C. § 8029 Naval Air Warfare Rapid Capabilities Office

(a) Establishment.—There is established within the Department of the Navy an office to be known as the Naval Air Warfare Rapid Capabilities Office (in this section referred to as the “Office”). (b) Head of Office.—The head of the Office shall be the designee of the Commander of the Naval Air Systems Command. (c) Mission.—The mission of the Office shall be—(1) to fulfill naval and joint military operational requirements by supporting the identification and rapid development of—(A) new naval aviation weapons and airborne electronic warfare capabilities; (B) innovative applications for existing naval aviation weapons and airborne electronic warfare capabilities; and (C) other innovative solutions to enhance the effectiveness of naval aviation weapons and airborne electronic warfare capabilities; and (2) to contribute to the rapid experimentation, development, testing, and fielding of unclassified and classified naval aviation weapons and airborne electronic warfare capabilities. (d) Acquisition Authorities.—(1) In general.—To procure goods or services for the Office, the senior contracting official (as defined in section 1737 of this title) and any members of the acquisition workforce for the Department of the Navy may use—(A) any applicable pathway of the adaptive acquisition framework (as described in Department of Defense Instruction 5000.02, “Operation of the Adaptive Acquisition Framework”); and (B) any other alternative acquisition pathway that allows for accelerated or flexible methods of contracting. (2) Inapplicability of jcids.—The Joint Capabilities Integration and Development System process shall not apply to procurements described in paragraph (1). (e) Required Program Elements.—The Secretary of the Navy shall ensure, within budget program elements for naval air warfare programs, that—(1) there are separate, dedicated program elements for naval air warfare rapid capabilities; and (2) the Office executes the responsibilities of the Office using such program elements. (f) Executive Oversight Board.—(1) In general.—There is an executive oversight board for the Office which shall consist of the officials specified in paragraph (2). The executive oversight board shall provide prioritization, oversight, and approval of projects of the Office. (2) Officials specified.—The officials specified in this paragraph are the following:(A) The Vice Chief of Naval Operations. (B) The Assistant Commandant of the Marine Corps. (C) The Assistant Secretary of the Navy for Research, Development and Acquisition. (D) The Commander of the Naval Air Systems Command. (g) Annual Reports and Briefings.—(1) Report.—On an annual basis, the head of the Office shall submit to the executive oversight board described in subsection (f) a report on the activities of the Office. (2) Briefing.—On an annual basis following the submittal of the report under paragraph (1), the Assistant Secretary of the Navy for Research, Development and Acquisition shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the activities of the Office. (3) Elements.—Each report under paragraph (1) and briefing under paragraph (2) shall include, with respect to the year preceding the date of the report or briefing (as applicable), a description of—(A) funding allocations for the projects of the Office; (B) capability gaps addressed by the Office; (C) the progress of the Office in experimenting, developing, testing, and fielding capabilities described in subsection (c); and (D) any barriers to the ability of the Office to carry out its mission, including any legislative or regulatory barriers.