10 U.S.C. § 8036 — Deputy Chiefs of Naval Operations

Page 3156 TITLE 10—ARMED FORCES § 8035 out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 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. REAPPOINTMENT OF INCUMBENT CHIEF OF NAVAL OPERATIONS Pub. L. 108–136, div. A, title V, § 508, Nov. 24, 2003, 117 Stat. 1458, provided that: ‘‘Notwithstanding the provi- sions of section 5033(a)(1) [now 8033(a)(1)] of title 10, United States Code, the President, by and with the ad- vice and consent of the Senate, may reappoint the offi- cer serving as Chief of Naval Operations on October 1, 2003, for an additional term as Chief of Naval Oper- ations. Such a reappointment shall be for a term of not more than two years.’’ 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, title V, Oct. 1, 1986, 100 Stat. 1063, which was formerly set out as a note under section 3033 of this title. § 8035. Vice Chief of Naval Operations (a) There is a Vice Chief of Naval Operations, appointed by the President, by and with the ad- vice and consent of the Senate, from officers on the active-duty list in the line of the Navy serv- ing in grades above captain and eligible to com- mand 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 Oper- ations until a successor is appointed or the ab- sence 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 dis- abled, unless the President directs otherwise, the most senior officer of the Navy in the Of- fice of the Chief of Naval Operations who is not absent or disabled and who is not re- stricted in performance of duty shall perform the duties of the Chief of Naval Operations until a successor to the Chief of Naval Oper- ations 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. (Added Pub. L. 99–433, title V, § 512(b), Oct. 1, 1986, 100 Stat. 1050, § 5035; renumbered § 8035, Pub. L. 115–232, div. A, title VIII, § 807(a)(1), Aug. 13, 2018, 132 Stat. 1834.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 5085 of this title prior to enactment of Pub. L. 99–433. A prior section 8035 was renumbered section 9035 of this title. Another prior section 8035 was renumbered section 9034 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5035 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8036. Deputy Chiefs of Naval Operations (a) There are Deputy Chiefs of Naval Oper- ations in the Office of the Chief of Naval Oper- ations, detailed by the Secretary of the Navy from officers on the active-duty list of the Navy serving in grades above captain. The Secretary of the Navy shall prescribe the number of Dep- uty Chiefs of Naval Operations under this sec- tion and Assistant Chiefs of Naval Operations under section 8037 of this title, for a total of not more than eight positions. (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 con- sidered as coming from the Chief of Naval Oper- ations. (Added Pub. L. 99–433, title V, § 512(b), Oct. 1, 1986, 100 Stat. 1051, § 5036; amended Pub. L. 108–375, div. A, title V, § 502(a), Oct. 28, 2004, 118 Stat. 1875; Pub. L. 110–181, div. A, title IX, § 902(b)(1), Jan. 28, 2008, 122 Stat. 273; renumbered § 8036 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(a)(1), 809(a), Aug. 13, 2018, 132 Stat. 1834, 1840.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 5086 of this title prior to enactment of Pub. L. 99–433. A prior section 8036 was renumbered section 9036 of this title. AMENDMENTS 2018—Pub. L. 115–232, § 807(a)(1), renumbered section 5036 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 8037’’ for ‘‘section 5037’’. Page 3157 TITLE 10—ARMED FORCES § 8039 2008—Subsec. (a). Pub. L. 110–181 substituted ‘‘There are Deputy Chiefs of Naval Operations in the Office of the Chief of Naval Operations,’’ for ‘‘There are in the Office of the Chief of Naval Operations not more than five Deputy Chiefs of Naval Operations,’’ and inserted at end ‘‘The Secretary of the Navy shall prescribe the number of Deputy Chiefs of Naval Operations under this section and Assistant Chiefs of Naval Operations under section 5037 of this title, for a total of not more than eight positions.’’ 2004—Subsec. (a). Pub. L. 108–375 struck out ‘‘in the line’’ after ‘‘active-duty list’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8037. Assistant Chiefs of Naval Operations (a) There are Assistant Chiefs of Naval Oper- ations in the Office of the Chief of Naval Oper- ations, detailed by the Secretary of the Navy from officers on the active-duty list of the Navy and officers on the active-duty list of the Marine Corps. The Secretary of the Navy shall prescribe the number of Assistant Chiefs of Naval Oper- ations in accordance with section 8036(a) of this title. (b) The Assistant Chiefs of Naval Operations shall perform such duties as the Secretary of the Navy prescribes. (Added Pub. L. 99–433, title V, § 512(b), Oct. 1, 1986, 100 Stat. 1051, § 5037; amended Pub. L. 108–375, div. A, title V, § 502(b), Oct. 28, 2004, 118 Stat. 1875; Pub. L. 110–181, div. A, title IX, § 902(b)(2), Jan. 28, 2008, 122 Stat. 273; renumbered § 8037 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(a)(1), 809(a), Aug. 13, 2018, 132 Stat. 1834, 1840.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 5087 of this title prior to enactment of Pub. L. 99–433. A prior section 8037 was renumbered section 9037 of this title. AMENDMENTS 2018—Pub. L. 115–232, § 807(a)(1), renumbered section 5037 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 8036(a)’’ for ‘‘section 5036(a)’’. 2008—Subsec. (a). Pub. L. 110–181 substituted ‘‘There are Assistant Chiefs of Naval Operations in the Office of the Chief of Naval Operations,’’ for ‘‘There are in the Office of the Chief of Naval Operations not more than three Assistant Chiefs of Naval Operations,’’ and in- serted at end ‘‘The Secretary of the Navy shall pre- scribe the number of Assistant Chiefs of Naval Oper- ations in accordance with section 5036(a) of this title.’’ 2004—Subsec. (a). Pub. L. 108–375 struck out ‘‘in the line’’ before ‘‘of the Navy’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8038. Director for Expeditionary Warfare (a) One of the Directors within the office of the Deputy Chief of Naval Operations with re- sponsibility for warfare requirements and pro- grams shall be the Director for Expeditionary Warfare who shall be detailed from officers on the active-duty list of the Marine Corps. (b) The principal duty of the Director for Ex- peditionary Warfare shall be to supervise the performance of all staff responsibilities of the Chief of Naval Operations regarding expedi- tionary warfare, including responsibilities re- garding amphibious lift, mine warfare, naval fire support, and other missions essential to sup- porting expeditionary warfare. (c) The Chief of Naval Operations shall trans- fer duties, responsibilities, and staff from other personnel within the Office of the Chief of Naval Operations as necessary to fully support the Di- rector for Expeditionary Warfare. (Added Pub. L. 102–484, div. A, title IX, § 935(b)(1), Oct. 23, 1992, 106 Stat. 2478, § 5038; amended Pub. L. 103–35, title II, § 201(c)(10), May 31, 1993, 107 Stat. 98; Pub. L. 103–160, div. A, title IX, § 944, Nov. 30, 1993, 107 Stat. 1737; Pub. L. 107–107, div. A, title IX, § 932, Dec. 28, 2001, 115 Stat. 1200; Pub. L. 114–328, div. A, title V, § 502(w), Dec. 23, 2016, 130 Stat. 2104; renumbered § 8038, Pub. L. 115–232, div. A, title VIII, § 807(a)(1), Aug. 13, 2018, 132 Stat. 1834.) Editorial Notes PRIOR PROVISIONS Prior sections 8038 to 8040 were renumbered sections 9038 to 9040 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5038 of this title as this section. 2016—Subsecs. (b) to (d). Pub. L. 114–328 redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which read as follows: ‘‘An officer assigned to the position of Director for Ex- peditionary Warfare, while so serving, has the grade of major general.’’ 2001—Subsec. (a). Pub. L. 107–107 substituted ‘‘office of the Deputy Chief of Naval Operations with responsi- bility for warfare requirements and programs’’ for ‘‘Of- fice of the Deputy Chief of Naval Operations for Re- sources, 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8039. Deputy Commander of the Naval Sea Sys- tems Command for the Supervision of Ship- building, Conversion, and Repair (a) IN GENERAL.—The Secretary of the Navy shall establish and appoint an individual to the