10 U.S.C. § 8039 — Deputy Commander of the Naval Sea Sys-

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 Page 3158 TITLE 10—ARMED FORCES § 8039 position of Deputy Commander of the Naval Sea Systems Command for the Supervision of Ship- building, Conversion, and Repair (in this section referred to as the ‘‘Deputy Commander’’). (b) QUALIFICATIONS.—The Deputy Commander shall be a flag officer of the Navy or an em- ployee of the Navy in a Senior Executive Service position who possesses the expertise required to carry out the responsibilities specified in this section. (c) REPORTING.—The Deputy Commander shall report directly to the Commander of the Naval Sea Systems Command. (d) GENERAL RESPONSIBILITIES.—The Deputy Commander shall oversee— (1) the independent administration and man- agement of the execution of Department of Defense contracts awarded to commercial en- tities for shipbuilding, conversion, and repair at the facilities of such entities; (2) the designated contract administration office of the Department responsible for per- forming contract administration services for such contracts; (3) enforcement of requirements of such con- tracts to ensure satisfaction of all contractual obligations; (4) the work performed on such contracts to facilitate greater quality and economy in the products and services being procured; and (5) on-site quality assurance by the Govern- ment for such contracts, including inspec- tions. (e) NON-CONTRACT ADMINISTRATION SERVICES FUNCTIONS.—The Deputy Commander shall man- age the complexities and unique demands of shipbuilding, conversion, and repair by over- seeing the performance of the following non-con- tract administration services functions for Navy Program Executives Offices, fleet commanders, and the Naval Sea Systems Command head- quarters: (1) Project oversight, including the fol- lowing: (A) Coordinating responses to non-contrac- tual emergent problems, as assigned by the Commander of Naval Sea Systems Com- mand. (B) Jointly coordinating activities of precommissioning crews and ship’s force, and other Government activities. (C) Communicating with customers and higher authority regarding matters that may affect project execution. (D) Contract planning and procurement, including participation in acquisition plan- ning and pre-award activities, including as- sessment of contractor qualifications. (2) Technical authority, including the fol- lowing: (A) Execution of the technical authority responsibilities by the Waterfront Chief En- gineer. (B) Execution of the waterfront technical authority responsibilities of the Naval Sea Systems Command for providing Govern- ment direction and coordination in the reso- lution of technical issues. (f) COMPREHENSIVE CONTRACT MANAGEMENT.— The Deputy Commander shall maintain direct relationships with the Director of the Defense Contract Management Agency and the Director of the Defense Contract Audit Agency to facili- tate comprehensive contract management and oversight of commercial entities awarded a con- tract described in subsection (d)(1) and sub- contractors (at any tier). (g) SUBCONTRACTOR AUDITS.—The Deputy Com- mander shall request that the Director of the Defense Contract Audit Agency perform periodic audits of subcontractors that perform cost-type subcontracts or incentive subcontracts— (1) that are valued at $50,000,000 or more; and (2) for which the Deputy Commander over- sees the designated contract administration office of the Department pursuant to sub- section (d)(2). (h) ANNUAL WRITTEN ASSESSMENT.—(1) Not later than March 1 of each year, the Deputy Commander shall submit to the congressional defense committees a written assessment sum- marizing the activities and results associated with the contracts for which the Deputy Com- mander oversees the designated contract admin- istration office of the Department. (2) Each written assessment required by para- graph (1) shall include the following: (A) A summary of shipbuilding performance that— (i) includes common critical process metrics documented by the appropriate Navy supervisor of shipbuilding, conversion, and repair for each commercial entity de- scribed in subsection (d)(1); (ii) outlines corrective action requests for critical defects and any actions planned or taken to address them; (iii) indicates waivers approved to support acceptance trials, combined trials, and Navy acceptance of ship delivery from the com- mercial entity described in subsection (d)(1), to include the conditions requiring the ap- proval of each waiver; and (iv) includes information on the extent to which letters of delegation are used for each shipbuilding program to provide for quality assurance oversight of subcontractors (at any tier) by the Defense Contract Manage- ment Agency. (B) A summary of any significant defi- ciencies in contractor business systems or other significant contract discrepancies docu- mented by the appropriate Navy supervisor of shipbuilding, conversion, and repair, the De- fense Contract Management Agency, or the Defense Contract Audit Agency for such con- tracts, and any actions planned or taken in re- sponse. (C) A summary of the results from audits and inspections completed by Naval Sea Sys- tems Command that evaluate the performance of the appropriate Navy supervisor of ship- building, conversion, and repair in executing their quality assurance and contract adminis- tration responsibilities. (D) A summary of any dedicated evaluation, such as a review by a task force or working group, of the organizational structure and resourcing plans and requirements that sup- port the supervision of shipbuilding, conver- sion, and repair, that— Page 3159 TITLE 10—ARMED FORCES § 8042 (i) includes key findings, recommenda- tions, and implementation plans; and (ii) indicates any additional support need- ed from other organizations of the Depart- ment, such as the Defense Contract Audit Agency and the Defense Contract Manage- ment Agency, for implementation. (Added Pub. L. 117–81, div. A, title X, § 1012(a), Dec. 27, 2021, 135 Stat. 1890.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 117–81, div. A, title X, § 1012(c), Dec. 27, 2021, 135 Stat. 1892, provided that: ‘‘On the date that is 30 days after the date of enactment of the [James M. Inhofe] National Defense Authorization Act for Fiscal Year 2023 [Dec. 23, 2022]— ‘‘(1) this section [enacting this section] and the amendments made by this section shall take effect; and ‘‘(2) the Secretary of the Navy shall appoint an in- dividual to the position of Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair and notify the congressional defense committees [Committee on Armed Services and Committee on Appropriations of the Senate and House of Representatives] of such ap- pointment.’’ CHAPTER 806—HEADQUARTERS, MARINE CORPS Sec. 8041. Headquarters, Marine Corps: function; com- position. 8042. Headquarters, Marine Corps: general duties. 8043. Commandant of the Marine Corps. 8044. Assistant Commandant of the Marine Corps. 8045. Deputy Commandants. 8046. Staff Judge Advocate to the Commandant of the Marine Corps. 8047. Legislative Assistant to the Commandant. 8048. Medical Officer of the Marine Corps. Editorial Notes AMENDMENTS 2024—Pub. L. 118–159, div. A, title V, § 509B(a)(2), Dec. 23, 2024, 138 Stat. 1872, added item 8048. 2018—Pub. L. 115–232, div. A, title VIII, § 807(e)(1), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated chapter 506 of this title as this chapter and items 5041 to 5047 as 8041 to 8047, respectively. 2002—Pub. L. 107–314, div. A, title V, § 504(d)(3)(B), Dec. 2, 2002, 116 Stat. 2532, added item 5047. 2000—Pub. L. 106–398, § 1 [[div. A], title IX, § 902(b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–224, substituted ‘‘Dep- uty Commandants’’ for ‘‘Chief of Staff; Deputy and As- sistant Chiefs of Staff’’ in item 5045. 1986—Pub. L. 99–661, div. A, title V, § 509(a)(2), Nov. 14, 1986, 100 Stat. 3868, added item 5046. § 8041. Headquarters, Marine Corps: function; composition (a) There is in the executive part of the De- partment of the Navy a Headquarters, Marine Corps. The function of the Headquarters, Marine Corps, is to assist the Secretary of the Navy in carrying out his responsibilities. (b) The Headquarters, Marine Corps, is com- posed of the following: (1) The Commandant of the Marine Corps. (2) The Assistant Commandant of the Marine Corps. (3) The Deputy Commandants. (4) The Staff Judge Advocate to the Com- mandant of the Marine Corps. (5) Other members of the Navy and Marine Corps assigned or detailed to the Head- quarters, Marine Corps. (6) Civilian employees in the Department of the Navy assigned or detailed to the Head- quarters, Marine Corps. (c) Except as otherwise specifically prescribed by law, the Headquarters, Marine Corps, 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, § 513(b), Oct. 1, 1986, 100 Stat. 1052, § 5041; amended Pub. L. 106–398, § 1 [[div. A], title IX, § 902(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–224; Pub. L. 112–239, div. A, title V, § 531(c), Jan. 2, 2013, 126 Stat. 1726; renumbered § 8041, Pub. L. 115–232, div. A, title VIII, § 807(a)(1), Aug. 13, 2018, 132 Stat. 1834.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5041 of this title as this section. 2013—Subsec. (b)(4) to (6). Pub. L. 112–239 added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively. 2000—Subsec. (b)(3) to (7). Pub. L. 106–398 added par. (3), redesignated pars. (6) and (7) as (4) and (5), respec- tively, and struck out former pars. (3) to (5) which read as follows: ‘‘(3) The Chief of Staff of the Marine Corps. ‘‘(4) The Deputy Chiefs of Staff. ‘‘(5) The Assistant Chiefs of Staff.’’ 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. § 8042. Headquarters, Marine Corps: general du- ties (a) The Headquarters, Marine Corps, shall fur- nish professional assistance to the Secretary, the Under Secretary, and the Assistant Secre- taries of the Navy and to the Commandant of the Marine Corps. (b) Under the authority, direction, and control of the Secretary of the Navy, the Headquarters, Marine Corps, shall— (1) subject to subsections (c) and (d) of sec- tion 8014 of this title, prepare for such employ- ment of the Marine Corps, and for such re- cruiting, organizing, supplying, equipping (in- cluding research and development), training, servicing, mobilizing, demobilizing, admin- istering, and maintaining of the Marine Corps, as will assist in the execution of any power, duty, or function of the Secretary or the Com- mandant; (2) investigate and report upon the efficiency of the Marine Corps and its preparation to sup- port military operations by combatant com- manders; (3) prepare detailed instructions for the exe- cution of approved plans and supervise the execution of those plans and instructions;