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10 USC CHAPTER 505 - OFFICE OF THE CHIEF OF NAVAL

OPERATIONS 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART I - ORGANIZATION

CHAPTER 505 - OFFICE OF THE CHIEF OF NAVAL OPERATIONS

.

-HEAD-

CHAPTER 505 - OFFICE OF THE CHIEF OF NAVAL OPERATIONS

-MISC1-

Sec.

5031. Office of the Chief of Naval Operations: function;

composition.

5032. Office of the Chief of Naval Operations: general duties.

5033. Chief of Naval Operations.

(5034. Repealed.)

5035. Vice Chief of Naval Operations.

5036. Deputy Chiefs of Naval Operations.

5037. Assistant Chiefs of Naval Operations.

5038. Director for Expeditionary Warfare.

AMENDMENTS

1996 - Pub. L. 104-106, div. A, title V, Sec. 502(d)(2), Feb.

10, 1996, 110 Stat. 293, struck out item 5034 ''Chief of Naval

Operations: retirement''.

1992 - Pub. L. 102-484, div. A, title IX, Sec. 935(b)(2), Oct.

23, 1992, 106 Stat. 2478, added item 5038.

1986 - Pub. L. 99-433, title V, Sec. 512(b), Oct. 1, 1986, 100

Stat. 1048, inserted heading for new chapter 505 relating to the

Office of The Chief of Naval Operations, and items 5031 to 5037.

The heading for former chapter 505 relating to Secretary, Under

Secretary, and Assistant Secretaries of the Navy, and former items

5031 to 5036 were struck out as part of the repeal of former

chapter 505 by Pub. L. 99-433, title V, Sec. 511(e), Oct. 1, 1986,

100 Stat. 1048.

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10 USC Sec. 5031 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART I - ORGANIZATION

CHAPTER 505 - OFFICE OF THE CHIEF OF NAVAL OPERATIONS

-HEAD-

Sec. 5031. Office of the Chief of Naval Operations: function;

composition

-STATUTE-

(a) There is in the executive part of the Department of the Navy

an Office of the Chief of Naval Operations. The function of the

Office of the Chief of Naval Operations is to assist the Secretary

of the Navy in carrying out his responsibilities.

(b) The Office of the Chief of Naval Operations is composed of

the following:

(1) The Chief of Naval Operations.

(2) The Vice Chief of Naval Operations.

(3) The Deputy Chiefs of Naval Operations.

(4) The Assistant Chiefs of Naval Operations.

(5) The Surgeon General of the Navy.

(6) The Chief of Naval Personnel.

(7) The Chief of Chaplains of the Navy.

(8) Other members of the Navy and Marine Corps assigned or

detailed to the Office of the Chief of Naval Operations.

(9) Civilian employees in the Department of the Navy assigned

or detailed to the Office of the Chief of Naval Operations.

(c) Except as otherwise specifically prescribed by law, the

Office of the Chief of Naval Operations shall be organized in such

manner, and its members shall perform such duties and have such

titles, as the Secretary may prescribe.

-SOURCE-

(Added Pub. L. 99-433, title V, Sec. 512(b), Oct. 1, 1986, 100

Stat. 1048.)

-MISC1-

PRIOR PROVISIONS

A prior section 5031, acts Aug. 10, 1956, ch. 1041, 70A Stat.

278; Sept. 2, 1958, Pub. L. 85-861, Sec. 1(107), 72 Stat. 1490;

Sept. 7, 1962, Pub. L. 87-651, title II, Sec. 211, 76 Stat. 524;

Aug. 14, 1964, Pub. L. 88-426, title III, Sec. 305(4), 306(j)(3),

78 Stat. 422, 431; Oct. 14, 1981, Pub. L. 97-60, title II, Sec.

204(a)(1), 95 Stat. 1007, related to Secretary of the Navy and

responsibilities of Secretary, prior to repeal by Pub. L. 99-433,

Sec. 511(e). See section 5013 of this title.

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10 USC Sec. 5032 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART I - ORGANIZATION

CHAPTER 505 - OFFICE OF THE CHIEF OF NAVAL OPERATIONS

-HEAD-

Sec. 5032. Office of the Chief of Naval Operations: general duties

-STATUTE-

(a) The Office of the Chief of Naval Operations shall furnish

professional assistance to the Secretary, the Under Secretary, and

the Assistant Secretaries of the Navy and to the Chief of Naval

Operations.

(b) Under the authority, direction, and control of the Secretary

of the Navy, the Office of the Chief of Naval Operations shall -

(1) subject to subsections (c) and (d) of section 5014 of this

title, prepare for such employment of the Navy, and for such

recruiting, organizing, supplying, equipping (including those

aspects of research and development assigned by the Secretary of

the Navy), training, servicing, mobilizing, demobilizing,

administering, and maintaining of the Navy, as will assist in the

execution of any power, duty, or function of the Secretary or the

Chief of Naval Operations;

(2) investigate and report upon the efficiency of the Navy and

its preparation to support military operations by combatant

commands;

(3) prepare detailed instructions for the execution of approved

plans and supervise the execution of those plans and

instructions;

(4) as directed by the Secretary or the Chief of Naval

Operations, coordinate the action of organizations of the Navy;

and

(5) perform such other duties, not otherwise assigned by law,

as may be prescribed by the Secretary.

-SOURCE-

(Added Pub. L. 99-433, title V, Sec. 512(b), Oct. 1, 1986, 100

Stat. 1049.)

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PRIOR PROVISIONS

A prior section 5032 was renumbered section 5013a of this title.

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10 USC Sec. 5033 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART I - ORGANIZATION

CHAPTER 505 - OFFICE OF THE CHIEF OF NAVAL OPERATIONS

-HEAD-

Sec. 5033. Chief of Naval Operations

-STATUTE-

(a)(1) There is a Chief of Naval Operations, appointed by the

President, by and with the advice and consent of the Senate. The

Chief of Naval Operations shall be appointed for a term of four

years, from officers on the active-duty list in the line of the

Navy who are eligible to command at sea and who hold the grade of

rear admiral or above. He serves at the pleasure of the President.

In time of war or during a national emergency declared by Congress,

he may be reappointed for a term of not more than four years.

(2) The President may appoint an officer as the Chief of Naval

Operations only if -

(A) the officer has had significant experience in joint duty

assignments; and

(B) such experience includes at least one full tour of duty in

a joint duty assignment (as defined in section 664(f) of this

title) as a flag officer.

(3) The President may waive paragraph (2) in the case of an

officer if the President determines such action is necessary in the

national interest.

(b) The Chief of Naval Operations, while so serving, has the

grade of admiral without vacating his permanent grade. In the

performance of his duties within the Department of the Navy, the

Chief of Naval Operations takes precedence above all other officers

of the naval service.

(c) Except as otherwise prescribed by law and subject to section

5013(f) of this title, the Chief of Naval Operations performs his

duties under the authority, direction, and control of the Secretary

of the Navy and is directly responsible to the Secretary.

(d) Subject to the authority, direction, and control of the

Secretary of the Navy, the Chief of Naval Operations shall -

(1) preside over the Office of the Chief of Naval Operations;

(2) transmit the plans and recommendations of the Office of the

Chief of Naval Operations to the Secretary and advise the

Secretary with regard to such plans and recommendations;

(3) after approval of the plans or recommendations of the

Office of the Chief of Naval Operations by the Secretary, act as

the agent of the Secretary in carrying them into effect;

(4) exercise supervision, consistent with the authority

assigned to commanders of unified or specified combatant commands

under chapter 6 of this title, over such of the members and

organizations of the Navy and the Marine Corps as the Secretary

determines;

(5) perform the duties prescribed for him by section 171 of

this title and other provisions of law; and

(6) perform such other military duties, not otherwise assigned

by law, as are assigned to him by the President, the Secretary of

Defense, or the Secretary of the Navy.

(e)(1) The Chief of Naval Operations shall also perform the

duties prescribed for him as a member of the Joint Chiefs of Staff

under section 151 of this title.

(2) To the extent that such action does not impair the

independence of the Chief of Naval Operations in the performance of

his duties as a member of the Joint Chiefs of Staff, the Chief of

Naval Operations shall inform the Secretary regarding military

advice rendered by members of the Joint Chiefs of Staff on matters

affecting the Department of the Navy.

(3) Subject to the authority, direction, and control of the

Secretary of Defense, the Chief of Naval Operations shall keep the

Secretary of the Navy fully informed of significant military

operations affecting the duties and responsibilities of the

Secretary.

-SOURCE-

(Added Pub. L. 99-433, title V, Sec. 512(b), Oct. 1, 1986, 100

Stat. 1049; amended Pub. L. 100-456, div. A, title V, Sec.

519(a)(3), Sept. 29, 1988, 102 Stat. 1972.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 5081 and 5082 of this title prior to enactment of Pub. L.

99-433.

A prior section 5033, acts Aug. 10, 1956, ch. 1041, 70A Stat.

279; Sept. 2, 1958, Pub. L. 85-861, Sec. 1(108), 72 Stat. 1490;

Aug. 14, 1964, Pub. L. 88-426, title III, Sec. 305(5), 306(j)(5),

78 Stat. 422, 432, related to appointment and duties of Under

Secretary of the Navy, prior to repeal by Pub. L. 99-433, Sec.

511(e). See section 5015 of this title.

AMENDMENTS

1988 - Subsec. (a)(2)(B). Pub. L. 100-456 substituted ''full tour

of duty in a joint duty assignment (as defined in section 664(f) of

this title)'' for ''joint duty assignment''.

WAIVER OF QUALIFICATIONS FOR APPOINTMENT AS SERVICE CHIEF

For provisions giving President temporary authority to waive

requirements in subsec. (a)(2) of this section, see section 532(c)

of Pub. L. 99-433, formerly set out as a note under section 3033 of

this title.

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10 USC Sec. 5034 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART I - ORGANIZATION

CHAPTER 505 - OFFICE OF THE CHIEF OF NAVAL OPERATIONS

-HEAD-

(Sec. 5034. Repealed. Pub. L. 104-106, div. A, title V, Sec.

502(c), Feb. 10, 1996, 110 Stat. 293)

-MISC1-

Section, added Pub. L. 99-433, title V, Sec. 512(b), Oct. 1,

1986, 100 Stat. 1050; amended Pub. L. 102-190, div. A, title V,

Sec. 505(a), Dec. 5, 1991, 105 Stat. 1358, related to retirement of

Chief of Naval Operations.

A prior section 5034, acts Aug. 10, 1956, ch. 1041, 70A Stat.

279; Aug. 6, 1958, Pub. L. 85-599, Sec. 8(b)(1), 72 Stat. 519; Dec.

1, 1967, Pub. L. 90-168, Sec. 2(13), (14), 81 Stat. 523; Nov. 9,

1979, Pub. L. 96-107, title VIII, Sec. 820(c), 93 Stat. 819; Sept.

24, 1983, Pub. L. 98-94, title XII, Sec. 1212(c)(2), 97 Stat. 687,

related to appointment and duties of Assistant Secretaries of the

Navy, prior to repeal by Pub. L. 99-433, Sec. 511(e). See section

5016 of this title.

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10 USC Sec. 5035 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART I - ORGANIZATION

CHAPTER 505 - OFFICE OF THE CHIEF OF NAVAL OPERATIONS

-HEAD-

Sec. 5035. Vice Chief of Naval Operations

-STATUTE-

(a) There is a Vice Chief of Naval Operations, appointed by the

President, by and with the advice and consent of the Senate, from

officers on the active-duty list in the line of the Navy serving in

grades above captain and eligible to command at sea.

(b) The Vice Chief of Naval Operations, while so serving, has the

grade of admiral without vacating his permanent grade.

(c) The Vice Chief of Naval Operations has such authority and

duties with respect to the Department of the Navy as the Chief of

Naval Operations, with the approval of the Secretary of the Navy,

may delegate to or prescribe for him. Orders issued by the Vice

Chief of Naval Operations in performing such duties have the same

effect as those issued by the Chief of Naval Operations.

(d) When there is a vacancy in the office of Chief of Naval

Operations or during the absence or disability of the Chief of

Naval Operations -

(1) the Vice Chief of Naval Operations shall perform the duties

of the Chief of Naval Operations until a successor is appointed

or the absence or disability ceases; or

(2) if there is a vacancy in the office of the Vice Chief of

Naval Operations or the Vice Chief of Naval Operations is absent

or disabled, unless the President directs otherwise, the most

senior officer of the Navy in the Office of the Chief of Naval

Operations who is not absent or disabled and who is not

restricted in performance of duty shall perform the duties of the

Chief of Naval Operations until a successor to the Chief of Naval

Operations or the Vice Chief of Naval Operations is appointed or

until the absence or disability of the Chief of Naval Operations

or Vice Chief of Naval Operations ceases, whichever occurs first.

-SOURCE-

(Added Pub. L. 99-433, title V, Sec. 512(b), Oct. 1, 1986, 100

Stat. 1050.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 5085 of this title prior to enactment of Pub. L. 99-433.

A prior section 5035, act Aug. 10, 1956, ch. 1041, 70A Stat. 279,

authorized an Assistant Secretary of the Navy for Air, provided for

his appointment and duties, and prescribed his compensation, prior

to repeal by Pub. L. 85-599, Sec. 8(b)(2), Aug. 6, 1958, 72 Stat.

519, eff. six months after Aug. 6, 1958. Subsec. (c) was also

repealed by Pub. L. 85-861, Sec. 36B(12), Sept. 2, 1958, 72 Stat.

1571.

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10 USC Sec. 5036 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART I - ORGANIZATION

CHAPTER 505 - OFFICE OF THE CHIEF OF NAVAL OPERATIONS

-HEAD-

Sec. 5036. Deputy Chiefs of Naval Operations

-STATUTE-

(a) There are in the Office of the Chief of Naval Operations not

more than five Deputy Chiefs of Naval Operations, detailed by the

Secretary of the Navy from officers on the active-duty list in the

line of the Navy serving in grades above captain.

(b) The Deputy Chiefs of Naval Operations are charged, under the

direction of the Chief of Naval Operations, with the execution of

the functions of their respective divisions. Orders issued by the

Deputy Chiefs of Naval Operations in performing the duties assigned

them are considered as coming from the Chief of Naval Operations.

-SOURCE-

(Added Pub. L. 99-433, title V, Sec. 512(b), Oct. 1, 1986, 100

Stat. 1051.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 5086 of this title prior to enactment of Pub. L. 99-433.

A prior section 5036, acts Aug. 10, 1956, ch. 1041, 70A Stat.

280; Nov. 2, 1966, Pub. L. 89-718, Sec. 32, 80 Stat. 1119; Jan. 2,

1968, Pub. L. 90-235, Sec. 4(a)(8), 81 Stat. 759; Dec. 12, 1980,

Pub. L. 96-513, title V, Sec. 513(4), 94 Stat. 2931, related to

succession to duties of Secretary of the Navy, prior to repeal by

Pub. L. 99-433, Sec. 511(e). See section 5017 of this title.

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10 USC Sec. 5037 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART I - ORGANIZATION

CHAPTER 505 - OFFICE OF THE CHIEF OF NAVAL OPERATIONS

-HEAD-

Sec. 5037. Assistant Chiefs of Naval Operations

-STATUTE-

(a) There are in the Office of the Chief of Naval Operations not

more than three Assistant Chiefs of Naval Operations, detailed by

the Secretary of the Navy from officers on the active-duty list in

the line of the Navy and officers on the active-duty list of the

Marine Corps.

(b) The Assistant Chiefs of Naval Operations shall perform such

duties as the Secretary of the Navy prescribes.

-SOURCE-

(Added Pub. L. 99-433, title V, Sec. 512(b), Oct. 1, 1986, 100

Stat. 1051.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 5087 of this title prior to enactment of Pub. L. 99-433.

-CITE-

10 USC Sec. 5038 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART I - ORGANIZATION

CHAPTER 505 - OFFICE OF THE CHIEF OF NAVAL OPERATIONS

-HEAD-

Sec. 5038. Director for Expeditionary Warfare

-STATUTE-

(a) One of the Directors within the office of the Deputy Chief of

Naval Operations with responsibility for warfare requirements and

programs shall be the Director for Expeditionary Warfare who shall

be detailed from officers on the active-duty list of the Marine

Corps.

(b) An officer assigned to the position of Director for

Expeditionary Warfare, while so serving, has the grade of major

general.

(c) The principal duty of the Director for Expeditionary Warfare

shall be to supervise the performance of all staff responsibilities

of the Chief of Naval Operations regarding expeditionary warfare,

including responsibilities regarding amphibious lift, mine warfare,

naval fire support, and other missions essential to supporting

expeditionary warfare.

(d) The Chief of Naval Operations shall transfer duties,

responsibilities, and staff from other personnel within the Office

of the Chief of Naval Operations as necessary to fully support the

Director for Expeditionary Warfare.

-SOURCE-

(Added Pub. L. 102-484, div. A, title IX, Sec. 935(b)(1), Oct. 23,

1992, 106 Stat. 2478; amended Pub. L. 103-35, title II, Sec.

201(c)(10), May 31, 1993, 107 Stat. 98; Pub. L. 103-160, div. A,

title IX, Sec. 944, Nov. 30, 1993, 107 Stat. 1737; Pub. L. 107-107,

div. A, title IX, Sec. 932, Dec. 28, 2001, 115 Stat. 1200.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-107 substituted ''office of the

Deputy Chief of Naval Operations with responsibility for warfare

requirements and programs'' for ''Office of the Deputy Chief of

Naval Operations for Resources, Warfare Requirements, and

Assessments''.

1993 - Subsec. (e). Pub. L. 103-160 struck out subsec. (e) which

read as follows: ''This section shall cease to apply on November 1,

1997.''

Pub. L. 103-35 substituted ''section'' for ''subsection''.

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