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10 U.S.C. § 8013 — Secretary of the Navy

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8013 — Secretary of the Navy

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Source file: Laws/federal/codes/united-states-code/title-10/section-8013-secretary-of-the-navy--0ec6faf359.md
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Source location: Title 10, Chapter 803, § 8013; chapter-803-department-of-the-navy.md

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**(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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 4703 — Demonstration projects

**(a)** Except as provided in this section, the Office of Personnel Management may, directly or through agreement or contract with one or more agencies and other public and private organizations, conduct and evaluate demonstration projects. Subject to the provisions of this section, the conducting of demonstration projects shall not be limited by any lack of specific authority under this title to take the action contemplated, or by any provision of this title or any rule or regulation prescribed under this title which is inconsistent with the action, including any law or regulation relating to— (1) the methods of establishing qualification requirements for, recruitment for, and appointment to positions; (2) the methods of classifying positions and compensating employees; (3) the methods of assigning, reassigning, or promoting employees; (4) the methods of disciplining employees; (5) the methods of providing incentives to employees, including the provision of group or individual incentive bonuses or pay; (6) the hours of work per day or per week; (7) the methods of involving employees, labor organizations, and employee organizations in personnel decisions; and (8) the methods of reducing overall agency staff and grade levels. **(b)** Before conducting or entering into any agreement or contract to conduct a demonstration project, the Office shall— (1) develop a plan for such project which identifies— (A) the purposes of the project; (B) the types of employees or eligibles, categorized by occupational series, grade, or organizational unit; (C) the number of employees or eligibles to be included, in the aggregate and by category; (D) the methodology; (E) the duration; (F) the training to be provided; (G) the anticipated costs; (H) the metho

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5 U.S.C. § 3345 — Acting officer

**(a)** If an officer of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office— (1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346; (2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or (3) notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if— (A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and (B) the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule. **(b)** (1) Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if— (A) during the 365-day period preceding the date of the

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3345

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Federal law — U.S. Code and appendices · legal_authorities

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8014

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31 U.S.C. § 1342 — Limitation on voluntary services

An officer or employee of the United States Government or of the District of Columbia government may not accept voluntary services for either government or employ personal services exceeding that authorized by law except for emergencies involving the safety of human life or the protection of property. This section does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government. As used in this section, the term “emergencies involving the safety of human life or the protection of property” does not include ongoing, regular functions of government the suspension of which would not imminently threaten the safety of human life or the protection of property.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2687 — Base closures and realignments

**(a)** Notwithstanding any other provision of law, no action may be taken to effect or implement— (1) the closure, including a mothball action, divestiture, deactivation, or any other action to render inoperable, of any military installation at which at least 300 civilian personnel are authorized to be employed; (2) any realignment with respect to any military installation referred to in paragraph (1) involving a reduction by more than 1,000, or by more than 50 percent, in the number of civilian personnel authorized to be employed at such military installation at the time the Secretary of Defense or the Secretary of the military department concerned notifies the Congress under subsection (b) of the Secretary’s plan to close or realign such installation; or (3) any construction, conversion, or rehabilitation at any military facility other than a military installation referred to in clause (1) or (2) which will or may be required as a result of the relocation of civilian personnel to such facility by reason of any closure or realignment to which clause (1) or (2) applies, unless and until the provisions of subsection (b) are complied with. **(b)** No action described in subsection (a) with respect to the closure of, or a realignment with respect to, any military installation referred to in such subsection may be taken unless and until— (1) the Secretary of Defense or the Secretary of the military department concerned notifies the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, as part of an annual request for authorization of appropriations to such Committees, of the proposed closing or realignment and submits with the notification— (A) an evaluation of the fiscal, local economic, budgetary, environme

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2687

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8227 — Notifications on manning of afloat naval forces

**(a) In General.—** The Secretary of the Navy shall notify the congressional defense committees, 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 a

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8227

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 221 — Future-years defense program: submission to Congress; consistency in budgeting

**(a)** The Secretary of Defense shall submit to Congress each year, not later than five days after the date on which the President’s budget is submitted to Congress that year under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim), a future-years defense program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years defense program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years. **(b)** (1) The Secretary of Defense shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year are consistent with amounts described in subparagraph (B) of paragraph (2) for that fiscal year. (2) Amounts referred to in paragraph (1) are the following: (A) The amounts specified in program and budget information submitted to Congress by the Secretary in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim) for any fiscal year, as shown in the future-years defense program submitted pursuant to subsection (a). (B) The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Defense included pursuant to paragraph (5) of [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim) in the budget submitted to Congress under that section for any fiscal year.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001

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10 U.S.C. § 9013 — Secretary of the Air Force

**(a)** (1) There is a Secretary of the Air Force, 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 Air Force. (2) A person may not be appointed as Secretary of the Air Force 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 Air Force is responsible for, and has the authority necessary to conduct, all affairs of the Department of the Air Force, 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 Air Force is also responsible to the Secretary of Defense for— (1) the functioning and efficiency of the Department of the Air Force; (2) the formulation of policies and programs by

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 9013

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 113 — Secretary of Defense

**(a)** (1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. (2) A person may not be appointed as Secretary of Defense— (A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or (B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above. **(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense. **(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with— (1) a report from each military department on the expenditures, work, and accomplishments of that department; (2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and (3) such recommendations as he considers appropriate. **(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 113

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