§ 8014. Office of the Secretary of the Navy

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Goldwater-Nichols Department of Defense Reorganization Act of 1986

   Pub. L. 99–433 title V § 511(c)(4) · 100 Stat. 992

   Enacted · 10 U.S.C. § 8014

   Added Pub. L. 99–433, title V, § 511(c)(4), Oct. 1, 1986, 100 Stat. 1045, § 5014

   Source evidence

   Code source credit
   Added Pub. L. 99–433, title V, § 511(c)(4), Oct. 1, 1986, 100 Stat. 1045, § 5014

   Enacted provision · exact public law section
   (4) Such chapter is further amended by adding after section 5013a (as transferred and redesignated by paragraph (3)) the following new sections: “§ 5014. 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 bis 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 Naval Research. “(7) 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 designatea 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 NavalOperations; and “(ii) to the Commandant of the Marine Corps and the Headquarters, Marine Corps; and “(B) ensure that each such office or entity provides the Chief of Naval Operations and the Commandant of the Marine Corps such staff support as each considers necessary to perform his duties and responsibilities. “(4) The vesting in the Office of the Secretary of the Navy of the responsibility for the conduct of a function specified in paragraph (1) does not preclude other elements of the executive part of the Department of the Navy (including the Office of the Chief of Naval Operations and the Headquarters, Marine Corps) from providing advice or assistance to the Chief of Naval Operations and the Commandant of the Marine Corps or otherwise participating in that function within the executive part of the Department under the direction of the office assigned responsibility for that function in the Office of the Secretary of the Navy. “(d) (1) Subject to paragraph (2), 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 function of research and development. “(2) The Secretary of the Navy may assign to the Office of the Chief of Naval Operations and the Headquarters, Marine Corps, responsibility for those aspects of the function of research and development relating to military requirements and test and evaluation. “(3) The Secretary shall establish or designate a single office or other entity within the Office of the Secretary of the Navy to conduct the function specified in paragraph (1). “(4) The Secretary shall— “(A) prescribe the relationship of the office or other entity established or designated under paragraph (8)— “(i) to the Chief of Naval Operations and the Office of the Chief of Naval Operations; and “(ii) to the Commandant of the Marine Corps and the Headquarters, Marine Corps; and “(B) ensure that each such office or entity provides the Chief of Naval Operations and the Commandant of the Marine Corps such staff support as each considers necessary to perform his duties and responsibilities. “(e) The Secretary of the Navy shall ensure that the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and the Headquarters, Marine Corps, do not duplicate specific functions for which the Secretary has assigned responsibility to another of such offices. “(f) (1) The total number of members of the armed forces and civilian employees of the Department of the Navy assigned or detailed to permanent duty in the Office of the Secretary of the Navy, the Office of Chief of Naval Operations, and the Headquarters, Marine Corps, may not exceed 2,866. “(2) Not more than 1,720 officers of the Navy and Marine Corpson the active-duty list may be assigned or detailed to permanent duty in the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and the Headquarters, Marine Corps. “(3) The total number of general and flag officers assigned or detailed to permanent duty in the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and the Headquarters, Marine Corps, may not exceed the number equal to 85 percent of the number of general and flag officers assigned or detailed to such duty on the date of the enactment of this subsection. “(4) The limitations in paragraphs (1), (2), and (3) do not apply in time of war or during a national emergency declared by Congress. The President of U.S. limitation in paragraph (2) does not apply whenever the President determines that it is in the national interest to increase the number of officers assigned or detailed to permanent duty in the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, or the Headquarters, Marine Corps. “(5) The limitations in paragraphs (1), (2), and (3) do not apply Effective date. before October 1, 1988. “§ 5015. 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. “§ 5016. 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 Secretary of the Navy may prescribe. “(2) One of the Assistant Secretaries shall be the Assistant Secretary of the Navy for Manpower and Reserve Affairs. He shall have as his principal duty the overall supervision of manpower and reserve component affairs of the Department of the Navy. “§ 5017. Secretary of the Navy: successors to duties “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 of title 5, directs another person to perform those duties or until the absence or disability ceases: “(1) The Under Secretary of the Navy. “(2) The Assistant Secretaries of the Navy, in the order prescribed bi the Secretary of the Navy and approved by the Secretary of Defense. “(3) The Chief of Naval Operations. “(4) The Commandant of the Marine Corps. “§ 5018. Administrative Assistant “The Secretary of the Navy may appoint an Administrative Assistant in the Office of the Secretary of the Navy. The Administrative Assistant shall perform such duties as the Secretary may prescribe. “§ 5019. General Counsel “(a) There is a General Counsel of the Department of the Navy, appointed from civilian life by the President. “(b) The General Counsel shall perform such functions as the Secretary of the Navy: may prescribe.”.

2. 1987

   National Defense Authorization Act for Fiscal Years 1988 and 1989

   Pub. L. 100–180 div. A title XIII § 1314(b)(7) · 101 Stat. 1019

   Inserted · 10 U.S.C. § 8014(f)(4)

   Pub. L. 100–180 inserted “the President or” after “declared by”

   Source evidence

   Code amendment note
   Subsec. (f)(4). Pub. L. 100–180 inserted “the President or” after “declared by”.

   Enacted provision · exact public law section
   (7) Sections 3014(f)(4), 5014(f)(4), and 8014(f)(4) are each amended by inserting “the President or” after “declared by”.

3. 1988

   National Defense Authorization Act, Fiscal Year 1989

   Pub. L. 100–456 div. A title III § 325(b) · 102 Stat. 1918

   Added · 10 U.S.C. § 8014(c)(5)

   Pub. L. 100–456 added par. (5)

   Source evidence

   Code amendment note
   Subsec. (c)(5). Pub. L. 100–456 added par. (5).

   Enacted provision · exact public law section
   (b) Department of the Navy.— Section 5014(c) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(5) (A) The head of the office or other entity established or designated by the Secretary to conduct the auditing function shall have at least five years of professional experience in accounting or auditing. The position shall be considered to be a career reserved position as defined in section 3132(a)(8) of title 5. “(B) The position of regional director within such office or entity, and any other position within such office or entity the primary responsibilities of which are to carry out supervisory functions, may not be held by a member of the armed forces on active duty.”.

4. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 div. A title VI § 652(a)(4) · 103 Stat. 1352

   Struck · 10 U.S.C. § 8014(f)(5)

   Pub. L. 101–189 struck out par. (5) which read as follows: “The limitations in paragraphs (1), (2), and (3) do not apply before October 1, 1988.”

   Source evidence

   Code amendment note
   Subsec. (f)(5). Pub. L. 101–189 struck out par. (5) which read as follows: “The limitations in paragraphs (1), (2), and (3) do not apply before October 1, 1988.”

   Enacted provision · exact public law section
   (4) Sections 3014(f), 5014(f), and 8014(f) are each amended by striking out paragraph (5).

5. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 div. A title X § 1048(a)(28) · 115 Stat. 1012

   Substituted · 10 U.S.C. § 8014(f)(3)

   Pub. L. 107–107 substituted “74” for “the number equal to 85 percent of the number of general and flag officers assigned or detailed to such duty on the date of the enactment of this subsection”

   Source evidence

   Code amendment note
   Subsec. (f)(3). Pub. L. 107–107 substituted “74” for “the number equal to 85 percent of the number of general and flag officers assigned or detailed to such duty on the date of the enactment of this subsection”.

   Enacted provision · exact public law section
   (28) Section 5014(f)(3) is amended by striking “the number equal to” and all that follows and inserting “74”.

6. 2002

   Pub. L. 107–314 div. A title V § 504(d)(2) · 116 Stat. 2458

   1. Added · 10 U.S.C. § 8014(b)(6)(8)

      Pub. L. 107–314 added par. (6)

   2. Redesignated · 10 U.S.C. § 8014(b)(6)(8)

      Pub. L. 107–314 redesignated former pars. (6) and (7) as (7) and (8), respectively

   Source evidence

   Code amendment note
   Subsec. (b)(6) to (8). Pub. L. 107–314 added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively.

   Enacted provision · exact public law section
   (2) Section 5014(b) of such title is amended— (A) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (B) by inserting after paragraph (5) the following new paragraph (6): “(6) The Chief of Legislative Affairs.”.

7. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 § 903(d)(1) · 130 Stat. 2000

   Substituted · 10 U.S.C. § 8014(f)(4)

   Pub. L. 114–328, § 903(d)(1), substituted “time of war.” for “time of war or during a national emergency declared by the President or Congress. The limitation in paragraph (2) does not apply whenever the President determines that it is in the national interest to increase the number of officers assigned or detailed to permanent duty in the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, or the Headquarters, Marine Corps.”

   Source evidence

   Code amendment note
   Subsec. (f)(4). Pub. L. 114–328, § 903(d)(1), substituted “time of war.” for “time of war or during a national emergency declared by the President or Congress. The limitation in paragraph (2) does not apply whenever the President determines that it is in the national interest to increase the number of officers assigned or detailed to permanent duty in the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, or the Headquarters, Marine Corps.”

   Enacted provision · exact public law section
   (1) in paragraph (4), by striking “time of war” and all that follows and inserting “time of war.”; and

8. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 § 903(d)(2) · 130 Stat. 2000

   Added · 10 U.S.C. § 8014(f)(5)

   Pub. L. 114–328, § 903(d)(2), added par. (5)

   Source evidence

   Code amendment note
   Subsec. (f)(5). Pub. L. 114–328, § 903(d)(2), added par. (5).

   Enacted provision · exact public law section
   (2) by adding at the end the following new paragraph: “(5) Each limitation in paragraphs (1) and (2) may be exceeded by a number equal to 15 percent of such limitation in time of national emergency.” .

9. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title VIII § 807(a)(1) · 132 Stat. 1636

   Changed · 10 U.S.C. § 8014

   Pub. L. 115–232 renumbered section 5014 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–232 renumbered section 5014 of this title as this section.

   Enacted provision · exact public law section
   (1) In general.— Except as provided in paragraph (2), each section in part I of subtitle C of title 10, United States Code, is 10 USC 8001, 8011–8020, 8022–8028, 8031–8033, 8035–8038, 8041–8047, 8061–8063. redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,000.

   Effective date note
   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.

10. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 901(a)(4)(A) · 133 Stat. 1198

    Substituted · 10 U.S.C. § 8014(f)(1)

    Pub. L. 116–92, § 901(a)(4)(A), substituted “3,150” for “2,866”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 116–92, § 901(a)(4)(A), substituted “3,150” for “2,866”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “2,866” and inserting “3,150”; and

11. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 901(a)(4)(B) · 133 Stat. 1198

    Substituted · 10 U.S.C. § 8014(f)(2)

    Pub. L. 116–92, § 901(a)(4)(B), substituted “1,800” for “1,720”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 116–92, § 901(a)(4)(B), substituted “1,800” for “1,720”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “1,720” and inserting “1,800”.

12 of 12 references resolved to an enrolled provision