10 U.S.C. § 8033 — Chief of Naval Operations

Page 3154 TITLE 10—ARMED FORCES § 8031 Sec. 8039. Deputy Commander of the Naval Sea Systems Command for the Supervision of Ship- building, Conversion, and Repair. Editorial Notes PRIOR PROVISIONS A prior chapter 805, consisting of sections 8031 to 8040, related to Air Staff of the Department of the Air Force, prior to renumbering as chapter 905 of this title. AMENDMENTS 2021—Pub. L. 117–81, div. A, title X, § 1012(b), Dec. 27, 2021, 135 Stat. 1892, added item 8039. 2018—Pub. L. 115–232, div. A, title VIII, § 807(e)(1), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated chapter 505 of this title as this chapter and items 5031 to 5038 as 8031 to 8038, respectively. 1996—Pub. L. 104–106, div. A, title V, § 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, § 935(b)(2), Oct. 23, 1992, 106 Stat. 2478, added item 5038. 1986—Pub. L. 99–433, title V, § 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, § 511(e), Oct. 1, 1986, 100 Stat. 1048. § 8031. Office of the Chief of Naval Operations: function; composition (a) There is in the executive part of the De- partment 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 re- sponsibilities. (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 Oper- ations shall be organized in such manner, and its members shall perform such duties and have such titles, as the Secretary may prescribe. (Added Pub. L. 99–433, title V, § 512(b), Oct. 1, 1986, 100 Stat. 1048, § 5031; renumbered § 8031, Pub. L. 115–232, div. A, title VIII, § 807(a)(1), Aug. 13, 2018, 132 Stat. 1834.) Editorial Notes PRIOR PROVISIONS A prior section 8031 was renumbered section 9031 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5031 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. § 8032. Office of the Chief of Naval Operations: general duties (a) The Office of the Chief of Naval Operations shall furnish professional assistance to the Sec- retary, 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 sec- tion 8014 of this title, prepare for such employ- ment of the Navy, and for such recruiting, or- ganizing, supplying, equipping (including those aspects of research and development as- signed by the Secretary of the Navy), training, servicing, mobilizing, demobilizing, admin- istering, 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 exe- cution 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. (Added Pub. L. 99–433, title V, § 512(b), Oct. 1, 1986, 100 Stat. 1049, § 5032; renumbered § 8032 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 A prior section 8032 was renumbered section 9032 of this title. AMENDMENTS 2018—Pub. L. 115–232, § 807(a)(1), renumbered section 5032 of this title as this section. Subsec. (b)(1). Pub. L. 115–232, § 809(a), substituted ‘‘subsections (c) and (d) of section 8014’’ for ‘‘sub- sections (c) and (d) of section 5014’’. 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. § 8033. Chief of Naval Operations (a)(1) There is a Chief of Naval Operations, ap- pointed by the President, by and with the advice Page 3155 TITLE 10—ARMED FORCES § 8033 1 See References in Text note below. and consent of the Senate. The Chief of Naval Operations shall be appointed for a term of four years, from the flag officers of the Navy. 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 de- fined in section 664(f) 1 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 perform- ance of his duties within the Department of the Navy, the Chief of Naval Operations takes prece- dence above all other officers of the naval serv- ice. (c) Except as otherwise prescribed by law and subject to section 8013(f) of this title, the Chief of Naval Operations performs his duties under the authority, direction, and control of the Sec- retary 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 recommenda- tions; (3) after approval of the plans or rec- ommendations 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 chap- ter 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 sections 171 and 3104 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 De- fense, or the Secretary of the Navy. (e)(1) The Chief of Naval Operations shall also perform the duties prescribed for him as a mem- ber of the Joint Chiefs of Staff under section 151 of this title. (2) To the extent that such action does not im- pair the independence of the Chief of Naval Op- erations in the performance of his duties as a member of the Joint Chiefs of Staff, the Chief of Naval Operations shall inform the Secretary re- garding 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 op- erations affecting the duties and responsibilities of the Secretary. (Added Pub. L. 99–433, title V, § 512(b), Oct. 1, 1986, 100 Stat. 1049, § 5033; amended Pub. L. 100–456, div. A, title V, § 519(a)(3), Sept. 29, 1988, 102 Stat. 1972; Pub. L. 108–136, div. A, title V, § 501(a), Nov. 24, 2003, 117 Stat. 1456; Pub. L. 114–92, div. A, title VIII, § 802(d)(4)(B), Nov. 25, 2015, 129 Stat. 880; renumbered § 8033 and amend- ed Pub. L. 115–232, div. A, title VIII, §§ 807(a)(1), 809(a), Aug. 13, 2018, 132 Stat. 1834, 1840; Pub. L. 116–283, div. A, title XVIII, § 1808(d)(3), as added Pub. L. 117–81, div. A, title XVII, § 1701(r)(2), Dec. 27, 2021, 135 Stat. 2149; Pub. L. 116–283, div. A, title XVIII, § 1847(e)(6)(B), Jan. 1, 2021, 134 Stat. 4257; Pub. L. 117–81, div. A, title XVII, § 1701(r)(1)(B), Dec. 27, 2021, 135 Stat. 2149.) Editorial Notes REFERENCES IN TEXT Section 664(f) of this title, referred to in subsec. (a)(2)(B), was redesignated as section 664(d) of this title by Pub. L. 114–328, div. A, title V, § 510(g)(1), Dec. 23, 2016, 130 Stat. 2111. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 5081 and 5082 of this title prior to en- actment of Pub. L. 99–433. A prior section 8033 was renumbered section 9033 of this title. Another prior section 8033 was renumbered section 10305 of this title. A prior section 8034 was renumbered section 9034 of this title. Another prior section 8034 was renumbered section 8033 of this title. AMENDMENTS 2021—Subsec. (d)(5). Pub. L. 116–283, § 1847(e)(6)(B), which directed substitution of ‘‘, 3103, and 4274’’ for ‘‘and 2547’’, was repealed by Pub. L. 117–81, § 1701(r)(1)(B). Pub. L. 116–283, § 1808(d)(3), as added by Pub. L. 117–81, § 1701(r)(2), substituted ‘‘and 3104’’ for ‘‘and 2547’’. 2018—Pub. L. 115–232, § 807(a)(1), renumbered section 5033 of this title as this section. Subsec. (c). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 8013(f)’’ for ‘‘section 5013(f)’’. 2015—Subsec. (d)(5). Pub. L. 114–92 substituted ‘‘sec- tions 171 and 2547’’ for ‘‘section 171’’. 2003—Subsec. (a)(1). Pub. L. 108–136 substituted ‘‘from the flag officers of the Navy’’ for ‘‘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 ad- miral or above’’. 1988—Subsec. (a)(2)(B). Pub. L. 100–456 substituted ‘‘full tour of duty in a joint duty assignment (as de- fined in section 664(f) of this title)’’ for ‘‘joint duty as- signment’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set 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’’.