10 U.S.C. § 8016 — Assistant Secretaries of the Navy

Page 3147 TITLE 10—ARMED FORCES § 8016 1987—Subsec. (f)(4). Pub. L. 100–180 inserted ‘‘the President or’’ after ‘‘declared by’’. 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. EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–456, div. A, title III, § 325(d), Sept. 29, 1988, 102 Stat. 1955, provided that: ‘‘(1) The requirements of sections 3014(c)(5), 5014(c)(5)(A), and 8014(c)(5) [now 7014(c)(5), 8014(c)(5)(A), and 9014(c)(5)] of title 10, United States Code (as added by subsections (a), (b), and (c), respectively), shall apply with respect to any person appointed on or after the date of the enactment of this Act [Sept. 29, 1988] as the head of the office or other entity designated for conducting the auditing function in a military depart- ment. ‘‘(2) Subparagraph (B) of section 5014(c)(5) [now 8014(c)(5)] of title 10, United States Code (as added by subsection (b)), shall take effect at the end of the one- year period beginning on the date of the enactment of this Act.’’ EFFECTIVE DATE Subsecs. (c) and (d) of this section to be implemented not later than 180 days after Oct. 1, 1986, see section 532(a) of Pub. L. 99–433, set out as a note under section 7014 of this title. EXCEPTIONS AND ADJUSTMENTS TO LIMITATIONS ON PERSONNEL Baseline personnel limitations in this section inappli- cable to certain acquisition personnel and personnel hired pursuant to a shortage category designation for fiscal year 2009 and fiscal years thereafter, and Sec- retary of Defense or a secretary of a military depart- ment authorized to adjust such limitations for fiscal year 2009 and fiscal years thereafter, see section 1111 of Pub. L. 110–417, set out as a note under section 143 of this title. § 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. (Added Pub. L. 99–433, title V, § 511(c)(4), Oct. 1, 1986, 100 Stat. 1047, § 5015; renumbered § 8015, 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 5033 of this title prior to enactment of Pub. L. 99–433. A prior section 8015 was renumbered section 9015 of this title. Another prior section 8015, acts Aug. 10, 1956, ch. 1041, 70A Stat. 489, § 8014; renumbered § 8015, Oct. 1, 1986, Pub. L. 99–433, title V, § 521(a)(1), 100 Stat. 1055, related to Comptroller and Deputy Comptroller of the Air Force, powers and duties, and appointment, prior to repeal by Pub. L. 99–433, § 521(a)(3). AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5015 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. Executive Documents ORDER OF SUCCESSION For order of succession in event of death, permanent disability, or resignation of Secretary of the Navy, see Ex. Ord. No. 12879, Nov. 8, 1993, 58 F.R. 59929, listed in a table under section 3345 of Title 5, Government Orga- nization and Employees. § 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 Sec- retary of the Navy may prescribe. (2) One of the Assistant Secretaries shall be the Assistant Secretary of the Navy for Man- power and Reserve Affairs. He shall have as his principal duty the overall supervision of man- power and reserve component affairs of the De- partment of the Navy. (3)(A) One of the Assistant Secretaries shall be the Assistant Secretary of the Navy for Finan- cial Management. (B) The Assistant Secretary shall be appointed from among persons who have significant budg- et, financial management, or audit experience in complex organizations. (C) The principal responsibility of the Assist- ant Secretary shall be the exercise of the comp- troller 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 manage- ment. (4)(A) One of the Assistant Secretaries shall be the Assistant Secretary of the Navy for Re- search, Development, and Acquisition. The prin- cipal duty of the Assistant Secretary shall be the overall supervision of research, develop- ment, acquisition, and sustainment (including maintenance) matters of the Department of the Navy. (B) The Assistant Secretary shall have a Prin- cipal Military Deputy, who shall be an officer of the Navy or the Marine Corps on active duty. The Principal Military Deputy shall be ap- pointed from among officers who have signifi- cant 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, Installa- tions, and Environment. Page 3148 TITLE 10—ARMED FORCES § 8017 1 See References in Text note below. (B) The principal duty of the Assistant Sec- retary for Energy, Installations, and Environ- ment shall be the overall supervision of energy, installation, and environment matters for the Department of the Navy. (Added Pub. L. 99–433, title V, § 511(c)(4), Oct. 1, 1986, 100 Stat. 1047, § 5016; amended Pub. L. 100–456, div. A, title VII, § 702(b)[(1)], Sept. 29, 1988, 102 Stat. 1994; Pub. L. 110–181, div. A, title IX, § 908(b), Jan. 28, 2008, 122 Stat. 278; Pub. L. 114–328, div. A, title V, § 502(t), title VIII, § 802(b), Dec. 23, 2016, 130 Stat. 2104, 2249; Pub. L. 115–91, div. A, title IX, § 921(b), Dec. 12, 2017, 131 Stat. 1524; renumbered § 8016 and amended Pub. L. 115–232, div. A, title VIII, § 807(a)(1), title IX, § 915, Aug. 13, 2018, 132 Stat. 1834, 1924; Pub. L. 116–92, div. A, title VIII, § 861(j)(15), title IX, § 911(b), Dec. 20, 2019, 133 Stat. 1520, 1559.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 5034 of this title prior to enactment of Pub. L. 99–433. A prior section 8016 was renumbered section 9016 of this title. AMENDMENTS 2019—Subsec. (b)(4)(B). Pub. L. 116–92, § 861(j)(15), sub- stituted ‘‘under section 1731 of this title’’ for ‘‘under section 1733 of this title’’. Subsec. (b)(5). Pub. L. 116–92, § 911(b), added par. (5). 2018—Pub. L. 115–232, § 807(a)(1), renumbered section 5016 of this title as this section. Subsec. (b)(4)(A). Pub. L. 115–232, § 915, substituted ‘‘acquisition, and sustainment (including maintenance) matters’’ for ‘‘and acquisition matters’’. 2017—Subsec. (b)(3). Pub. L. 115–91 designated first sentence as subpar. (A), designated second and third sentences as subpar. (C) and, in subpar. (C), substituted ‘‘The principal responsibility of the Assistant Sec- retary shall be’’ for ‘‘The Assistant Secretary shall have as his principal responsibility’’, and added subpar. (B). 2016—Subsec. (b)(4)(B). Pub. L. 114–328, § 802(b), in- serted at end ‘‘In the event of a vacancy in the position of Assistant Secretary of the Navy for Research, Devel- opment, and Acquisition, the Principal Military Dep- uty may serve as Acting Assistant Secretary for a pe- riod of not more than one year.’’ Pub. L. 114–328, § 502(t), substituted ‘‘an officer of the Navy or the Marine Corps’’ for ‘‘a vice admiral of the Navy or a lieutenant general of the Marine Corps’’. 2008—Subsec. (b)(4). Pub. L. 110–181 added par. (4). 1988—Subsec. (b)(3). Pub. L. 100–456 added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by section 807(a)(1) of Pub. L. 115–232 ef- fective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesigna- tions, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 2017 AMENDMENT For applicability of appointment qualifications im- posed by section 921 of Pub. L. 115–91 to certain ap- pointments made on or after Dec. 12, 2017, see section 921(d) of Pub. L. 115–91, set out as a note under section 7016 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–456 effective Jan. 20, 1989, see section 702(e)(1) of Pub. L. 100–456, set out as a note under section 7016 of this title. § 8017. Secretary of the Navy: successors to du- ties 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 1 of title 5, directs another person to perform those duties or until the ab- sence 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 De- fense. (3) The General Counsel of the Department of the Navy. (4) The Chief of Naval Operations. (5) The Commandant of the Marine Corps. (Added Pub. L. 99–433, title V, § 511(c)(4), Oct. 1, 1986, 100 Stat. 1047, § 5017; amended Pub. L. 103–337, div. A, title IX, § 902(b), Oct. 5, 1994, 108 Stat. 2823; renumbered § 8017, Pub. L. 115–232, div. A, title VIII, § 807(a)(1), Aug. 13, 2018, 132 Stat. 1834.) Editorial Notes REFERENCES IN TEXT Section 3347 of title 5, referred to in text, was re- pealed and a new section 3347 was enacted by Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–611, and, as so enacted, no longer contains provi- sions authorizing the President to direct temporary successors to duties. See section 3345 of Title 5, Govern- ment Organization and Employees. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 5036 of this title prior to enactment of Pub. L. 99–433. A prior section 8017 was renumbered section 9017 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5017 of this title as this section. 1994—Pars. (3) to (5). Pub. L. 103–337 added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), re- spectively. 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. ORDER OF SUCCESSION For order of succession in event of death, permanent disability, or resignation of Secretary of the Navy, see Ex. Ord. No. 12879, Nov. 8, 1993, 58 F.R. 59929, listed in a table under section 3345 of Title 5, Government Orga- nization and Employees. § 8018. Administrative Assistant The Secretary of the Navy may appoint an Ad- ministrative Assistant in the Office of the Sec- retary of the Navy. The Administrative Assist-