§ 8036. Deputy Chiefs of Naval Operations

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 § 512(b) · 100 Stat. 992

   Enacted · 10 U.S.C. § 8036

   Added Pub. L. 99–433, title V, § 512(b), Oct. 1, 1986, 100 Stat. 1051, § 5036

   Source evidence

   Code source credit
   Added Pub. L. 99–433, title V, § 512(b), Oct. 1, 1986, 100 Stat. 1051, § 5036

   Enacted provision · exact public law section
   (b) New Chapter on Office of CNO.— Ante, p. 1042; post, p. 1051. Part I of subtitle C is amended by inserting after chapter 503 the following new chapter 505: “CHAPTER 505— OFFlCE OFTHE CHIEF OF NAVAL OPERATIONS “Sec. “5031. Office of the Chief of Naval Operations: function; composition. “5032. Office of the Chief of Naval Operations: general duties. “5033. Chief of Naval Operations. “5034. Chief of Naval Operations: retirement. “5035. Vice Chief of Naval Operations. “5036. Deputy Chiefs of Naval Operations. “5037. Assistant Chiefs of Naval Operations. “§ 5031. Office of the Chief of Naval Operations: function; composition “(a) There is in the executive part of the Department 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 responsibilities. “(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 Operations shall be organized in such manner, and its members shall perform such duties and have such titles, as the Secretary may prescribe. “§ 5032. Office of the Chief of Naval Operations: general duties “(a) The Office of the Chief of Naval Operations shall furnish professional assistance to the Secretary, 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 section 5014 of this title, prepare for such employment of the Navy, and for such recruiting, organizing, supplying, equipping (including those aspects of research and development assigned by the Secretary of the Navy), training, servicing, mobilizing, demobilizing, administering, 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 execution 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. “§ 5033. Chief of Naval Operations “(a) (1) There is a Chief of Naval Operations, appointed by the President, by and with the advice and consent of the Senate. The Chief of Naval Operations shall be appointed for a term of four years, 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 admiral or above. 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 joint duty assignment as a flag officer. “(3) President of U.S. 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 performance of his duties within the Department of the Navy, the Chief of Naval Operations takes precedence above all other officers of the naval service. “(c) Except as otherwise prescribed by law and subject to section 5013(f) of this title, the Chief of Naval Operations performs his duties under the authority, direction, and control of the Secretary 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 (llans and recommendations of the Office of the Chief of Naval Operations to the Secretary and advise the Secretary with regard to such plans and recommendations; “(3) after approval of the plans or recommendations 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 Ante, p. 1012. under chapter 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 section 171 of this 10 USC 171. 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 Defense, or the Secretary of the Navy. “(e) (1) The Chief of Naval Operations shall also Perform the duties prescribed for him as a member of the Joint Chiefs of Staff under section Ante, p. 1005. 151 of this title. “(2) To the extent that such action does not impair the independence of the Chief of Naval Operations in the performance of his duties as a member of the Joint Chiefs of Staff, the Chief of Naval Operations shall inform the Secretary regarding 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 operations affecting the duties and responsibilities of the Secretary. “§ 5034. Chief of Naval Operations: retirement “An officer who is retired while serving as Chief of Naval Operations, or who, after serving at least two and one-half years as Chief of Naval Operations, is retired after completion of that service while serving in a lower grade than admiral, may, in the discretion of the President, be retired with the grade of admiral. “§ 5035. Vice Chief of Naval Operations “(a) There is a Vice Chief of Naval Operations, appointed by the President, by and with the advice and consent of the Senate, from officers on the active-duty list in the line of the Navy serving in grades above captain and eligible to command 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 Operations until a successor is appointed ortheabsence 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 disabled, unless the President directs otherwise, the most senior officer of the Navy in the Office of the Chief of Naval Operations who is not absent or disabled and who is not restricted in performance of duty shall perform the duties of the Chief of Naval Operations until a successor to the Chief of Naval Operations 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. “§ 5036. Deputy Chiefs of Naval Operations “(a) There are in the Office of the Chief of Naval Operations not more than five Deputy Chiefs of Naval Operations, detailed by the Secretary of the Navy from officers on the active-duty list in the line of the Navy serving in desabove captain. “(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 considered as coming from the Chief of Naval Operations. “§ 5037. Assistant Chiefs of Naval Operations “(a) There are in the Office of the Chief of Naval Operations not more than three Assistant Chiefs of Naval Operations, detailed by the Secretary of the Navy from officers on the active-duty list in the line of the Navy and officers on the active-duty list of the Marine Co . “(b) The Assistant Chiefs of Naval Operations shall perform such duties as the Secretary of the Navy prescribes.”.

2. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 div. A title V § 502(a) · 118 Stat. 1811

   Struck · 10 U.S.C. § 8036(a)

   Pub. L. 108–375 struck out “in the line” after “active-duty list”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 108–375 struck out “in the line” after “active-duty list”.

   Enacted provision · exact public law section
   (a) Deputy Chiefs of Naval Operations.— Section 5036(a) of title 10, United States Code, is amended by striking “in the line”.

3. 2008

   National Defense Authorization Act for Fiscal Year 2008

   Pub. L. 110–181 div. A title IX § 902(b)(1) · 122 Stat. 3

   1. Substituted · 10 U.S.C. § 8036(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,”

   2. Inserted · 10 U.S.C. § 8036(a)

      Pub. L. 110–181 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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (1) Deputy chiefs of naval operations.— Section 5036(a) of title 10, United States Code, is amended— (A) by striking “There are in the Office of the Chief of Naval Operations not more than five Deputy Chiefs of Naval Operations,” and inserting “There are Deputy Chiefs of Naval Operations in the Office of the Chief of Naval Operations,”; and (B) by adding at the end the following: “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.”.

4. 2018

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

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

   Changed · 10 U.S.C. § 8036

   Pub. L. 115–232, § 807(a)(1), renumbered section 5036 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–232, § 807(a)(1), renumbered section 5036 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.

5. 2018

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

   Pub. L. 115–232 § 809(a) · 132 Stat. 1636

   Substituted · 10 U.S.C. § 8036(a)

   Pub. L. 115–232, § 809(a), substituted “section 8037” for “section 5037”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 115–232, § 809(a), substituted “section 8037” for “section 5037”.

   Enacted provision · exact public law section
   (a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.

   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.

6 of 6 references resolved to an enrolled provision