(a)(1) There is a Secretary of the Navy, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Secretary shall, to the greatest extent practicable, be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management or leadership experience. The Secretary is the head of the Department of the Navy.
(2) A person may not be appointed as Secretary of the Navy within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
(b) Subject to the authority, direction, and control of the Secretary of Defense and subject to the provisions of chapter 6 of this title, the Secretary of the Navy is responsible for, and has the authority necessary to conduct, all affairs of the Department of the Navy, including the following functions:
(1) Recruiting.
(2) Organizing.
(3) Supplying.
(4) Equipping (including research and development).
(5) Training.
(6) Servicing.
(7) Mobilizing.
(8) Demobilizing.
(9) Administering (including the morale and welfare of personnel).
(10) Maintaining.
(11) The construction, outfitting, and repair of military equipment.
(12) The construction, maintenance, and repair of buildings, structures, and utilities and the acquisition of real property and interests in real property necessary to carry out the responsibilities specified in this section.
(c) Subject to the authority, direction, and control of the Secretary of Defense, the Secretary of the Navy is also responsible to the Secretary of Defense for—
(1) the functioning and efficiency of the Department of the Navy;
(2) the formulation of policies and programs by the Department of the Navy that are fully consistent with national security objectives and policies established by the President or the Secretary of Defense;
(3) the effective and timely implementation of policy, program, and budget decisions and instructions of the President or the Secretary of Defense relating to the functions of the Department of the Navy;
(4) carrying out the functions of the Department of the Navy so as to fulfill the current and future operational requirements of the unified and specified combatant commands;
(5) effective cooperation and coordination between the Department of the Navy and the other military departments and agencies of the Department of Defense to provide for more effective, efficient, and economical administration and to eliminate duplication;
(6) the presentation and justification of the positions of the Department of the Navy on the plans, programs, and policies of the Department of Defense; and
(7) the effective supervision and control of the intelligence activities of the Department of the Navy.
(d) The Secretary of the Navy is also responsible for such other activities as may be prescribed by law or by the President or Secretary of Defense.
(e) After first informing the Secretary of Defense, the Secretary of the Navy may make such recommendations to Congress relating to the Department of Defense as he considers appropriate.
(f) The Secretary of the Navy may assign such of his functions, powers, and duties as he considers appropriate to the Under Secretary of the Navy and to the Assistant Secretaries of the Navy. Officers of the Navy and the Marine Corps shall, as directed by the Secretary, report on any matter to the Secretary, the Under Secretary, or any Assistant Secretary.
(g) The Secretary of the Navy may—
(1) assign, detail, and prescribe the duties of members of the Navy and Marine Corps and civilian personnel of the Department of the Navy;
(2) change the title of any officer or activity of the Department of the Navy not prescribed by law; and
(3) prescribe regulations to carry out his functions, powers, and duties under this title.
(Added Pub. L. 99–433, title V, §511(c)(2), Oct. 1, 1986, 100 Stat. 1043, §5013; amended Pub. L. 99–661, div. A, title V, §534, Nov. 14, 1986, 100 Stat. 3873; Pub. L. 108–136, div. A, title IX, §901, Nov. 24, 2003, 117 Stat. 1558; Pub. L. 114–328, div. A, title IX, §931(b), Dec. 23, 2016, 130 Stat. 2363; renumbered §8013, Pub. L. 115–232, div. A, title VIII, §807(a)(1), Aug. 13, 2018, 132 Stat. 1834; Pub. L. 117–81, div. A, title IX, §901(d), Dec. 27, 2021, 135 Stat. 1868.)
Provisions similar to those in this section were contained in section 5031 of this title prior to enactment of Pub. L. 99–433.
A prior section 8013 was renumbered section 9013 of this title.
Another prior section 8013, acts Aug. 10, 1956, ch. 1041, 70A Stat. 488, §8012; Sept. 2, 1958, Pub. L. 85–861, §1(152), 72 Stat. 1513; Sept. 7, 1962, Pub. L. 87–651, title II, §211, 76 Stat. 524; Aug. 14, 1964, Pub. L. 88–426, title III, §§305(7), 306(j)(7), 78 Stat. 423, 432; renumbered §8013, Oct. 1, 1986, Pub. L. 99–433, title V, §521(a)(1), 100 Stat. 1055, related to Secretary of the Air Force, powers and duties, and delegations, prior to repeal by Pub. L. 99–433, §521(a)(3).
Another prior section 8013 was renumbered section 8014 of this title and subsequently repealed.
2021—Subsec. (a)(2). Pub. L. 117–81 substituted "seven" for "five".
2018—Pub. L. 115–232 renumbered section 5013 of this title as this section.
2016—Subsec. (a)(1). Pub. L. 114–328 inserted "The Secretary shall, to the greatest extent practicable, be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management or leadership experience." after first sentence.
2003—Subsec. (c)(4). Pub. L. 108–136 struck out "(to the maximum extent practicable)" after "fulfill".
1986—Subsec. (a)(2). Pub. L. 99–661 substituted "five years" for "10 years".
Amendment by Pub. L. 117–81 applicable with respect to appointments made on or after Dec. 27, 2021, see section 901(g) of Pub. L. 117–81, set out as a note under section 113 of this title.
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.
Pub. L. 117–263, div. A, title II, §224, Dec. 23, 2022, 136 Stat. 2483, provided that:
"(a)
"(1) have applicablity to the job-related functions of such personnel; and
"(2) may have applicability in the civilian sector.
"(b)
"(1) expand outreach to covered personnel regarding the availability of patent-related training, legal assistance, and other support for personnel interested in developing patentable inventions;
"(2) expand the availability of patent-related training to covered personnel, including by making such training available online;
"(3) clarify and issue guidance detailing how covered personnel, including personnel outside of the laboratories and other research organizations of the Department of the Navy, may—
"(A) seek and receive support for the development of patentable inventions; and
"(B) receive a portion of any royalty or other payment as an inventor or coinventor such as may be due under section 14(a)(1)(A)(i) of the Stevension-Wylder [sic; probably should be "Stevenson-Wydler"] Technology Innovation Act of 1980 (15 U.S.C. 3710c(a)(1)(A)(i)); and
"(4) carry out other such activities as the Secretary determines appropriate in accordance with the purposes of the pilot program.
"(c)
"(d)
"(1) The term 'covered personnel' means members of the Navy and Marine Corps and civilian employees of the Department of the Navy, including members and employees whose primary duties do not involve research and development.
"(2) The term 'patentable invention' means an invention that is patentable under title 35, United States Code."
Pub. L. 117–263, div. A, title XV, §1532, Dec. 23, 2022, 136 Stat. 2901, provided that:
"(a)
"(1)
"(2)
"(3)
"(b)
"(1)
"(2)
"(A) a member of the Navy who is assigned to the cyber mission force under orders issued before October 1, 2025; or
"(B) a position whose primary function is the provision of intelligence, foreign language, or administrative support to the cyber mission force.
"(3)
"(c)
"(d)
"(e)
"(f)
"(1) An identification by the Chief of Naval Operations of the resource manager within the Office of the Chief of Naval Operations for the designator and rating established under subsection (a).
"(2) An identification by the Chief of the type command at United States Fleet Forces Command responsible for manning and training the designator and rating established under subsection (a).
"(3) An inventory of those billets within the Cyber Mission Force, or any other service or joint assignment that requires personnel (both officer and enlisted) to conduct operations through cyberspace.
"(4) An inventory and position description of the those positions within the Cyber Mission Force that have been identified under subsection (b)(2)(B).
"(5) A funding profile detailing the complete costs associated with the designator and rating established under subsection (a), including costs associated with meeting the training requirements of the United States Cyber Command for the period covered by the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code.
"(6) An inventory of all flag officer positions at joint and naval components and commands conducting or managing cyberspace operations and activities, including with respect to—
"(A) the United States Cyber Command;
"(B) the Fleet Cyber Command;
"(C) Joint Forces Headquarters-Cyber, Navy;
"(D) 10th Fleet;
"(E) the Deputy Chief of Naval Operations for Information Warfare and the Director of Naval Intelligence; and
"(F) Naval Information Forces.
"(7) An update to the plan required under subsection (a)(3), including timelines and procedures, for filling the positions within the cyber mission force for which the Secretary is responsible.
"(8) Any anticipated changes to the end-strength of the Navy by reason of establishing the designator and rating under subsection (a).
"(9) The implementation of the designator and rating established under subsection (a) within the Navy Reserve.
"(10) The development and execution of the training curriculum and qualification standards under subsection (d).
"(g)
"(h)
Pub. L. 117–263, div. A, title III, §356, Dec. 23, 2022, 136 Stat. 2534, provided that:
"(a)
"(1) develop metrics for assessing progress of the Secretary toward improved shipyard capacity and performance in carrying out the Shipyard Infrastructure Optimization Plan of the Navy, including by measuring the effectiveness of capital investments;
"(2) ensure that the shipyard optimization program office of the Navy—
"(A) includes all costs, such as inflation, program office activities, utilities, roads, environmental remediation, historic preservation, and alternative workspace when developing a detailed cost estimate; and
"(B) uses cost estimating best practices in developing a detailed cost estimate, including—
"(i) a program baseline;
"(ii) a work breakdown structure;
"(iii) a description of the methodology and key assumptions;
"(iv) a consideration of inflation;
"(v) a full assessment of risk and uncertainty; and
"(vi) a sensitivity analysis; and
"(3) obtain independent cost estimates for projects under the shipyard optimization program that are estimated to exceed $250,000,000, to validate the cost estimates of the Navy developed for such projects pursuant to paragraph (2) and inform the prioritization of projects under such program.
"(b)
"(1) the current progress of the Secretary toward implementing those requirements;
"(2) any hindrance to implementing those requirements; and
"(3) any additional resources necessary to implement those requirements."
Pub. L. 117–81, div. A, title III, §355, Dec. 27, 2021, 135 Stat. 1657, provided that:
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
"(A) An updated cost estimate for such project that—
"(i) meets the standards of the Association for the Advancement of Cost Engineering for a Level 1 or Level 2 cost estimate; or
"(ii) is an independent cost estimate.
"(B) A schedule for such project that is comprehensive, well-constructed, credible, and controlled pursuant to the Schedule Assessment Guide: Best Practices for Project Schedules (GAO–16–89G) set forth by the Comptroller General of the United States in December 2015, or successor guide.
"(C) An estimate of the likelihood that programmed and planned funds for such project will be sufficient for the completion of the project.
"(3)
"(A) with a contract awarded on or after October 1, 2024; and
"(B) valued at $250,000,000 or more.
"(c)
"(1)
"(2)
"(A) for the plan to implement the Shipyard Optimization Program, including any update to such plan under subsection (a); and
"(B) for each dry dock, major facility, and infrastructure project valued at $250,000,000 or more under such program.
"(d)
"(1)
"(A)
"(i) the progress of the Secretary in completing the first annual report required under such program; and
"(ii) the cost and schedule estimates for full implementation of such program.
"(B)
"(i) An assessment of the extent to which the cost estimate for the updated optimization plan for the Shipyard Infrastructure Optimization Program is consistent with leading practices for cost estimation.
"(ii) An assessment of the extent to which the project schedule for such program is comprehensive, well-constructed, credible, and controlled.
"(iii) An assessment of whether programmed and planned funds for a project under such program will be sufficient for the completion of the project.
"(iv) Such other related matters as the Comptroller General considers appropriate.
"(2)
Pub. L. 117–81, div. B, title XXVIII, §2871, Dec. 27, 2021, 135 Stat. 2214, provided that: "The Secretary of the Navy shall designate an administrative position within the Naval Facilities Engineering Systems Command Pacific for the purpose of improving the continuity of management and oversight of real property and infrastructure assets in the Pacific Area of Responsibility related to the training needs of the Armed Forces, particularly regarding leased property for which the lease will expire within 10 years after the date of the enactment of this Act [Dec. 27, 2021]."
Pub. L. 116–283, div. A, title II, §218, Jan. 1, 2021, 134 Stat. 3463, provided that:
"(a)
"(b)
Pub. L. 116–283, div. A, title XI, §1109, Jan. 1, 2021, 134 Stat. 3891, provided that:
"(a)
"(1) assignments to tours of duty are scheduled in advance over periods of not less than two weeks;
"(2) tours of duty are scheduled using a regularly recurring pattern of 48-hour shifts followed by 48 or 72 consecutive non-work hours, as determined by mutual agreement between the Commander, Navy Region Mid-Atlantic, and the exclusive employee representative at each Navy Region Mid-Atlantic installation, in such a manner that each employee is regularly scheduled for 144-hours in any two-week period;
"(3) for any such employee that is a fire fighter working an alternative work schedule, such employee shall earn overtime compensation in a manner consistent with other applicable law and regulation;
"(4) no right shall be established to any form of premium pay, including night, Sunday, holiday, or hazard duty pay; and
"(5) leave accrual and use shall be consistent with other applicable law and regulation.
"(b)
"(1) any financial savings or expenses directly and inseparably linked to the demonstration project;
"(2) any intangible quality of life and morale improvements achieved by the demonstration project; and
"(3) any adverse impact of the demonstration project occurring solely as the result of the transition to the demonstration project."
Pub. L. 116–92, div. A, title V, §597(a)–(e), Dec. 20, 2019, 133 Stat. 1418, 1419, as amended by Pub. L. 117–263, div. A, title V, §592(a)(1), (b), (c), Dec. 23, 2022, 136 Stat. 2612, which related to quarterly notifications on manning of afloat naval forces, was transferred to section 8227 of this title by Pub. L. 117–263, div. A, title V, §592(d)(1), Dec. 23, 2022, 136 Stat. 2612.
Pub. L. 115–232, div. A, title V, §525, Aug. 13, 2018, 132 Stat. 1757, which provided that the Secretary of the Navy was to notify the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, in writing, not later than 15 days after the manning fit for a commissioned battle force ship was less than 87 percent or the manning fill for such ship was less than 90 percent, was repealed by Pub. L. 116–92, div. A, title V, §597(f), Dec. 20, 2019, 133 Stat. 1419, which was repealed by Pub. L. 117–263, div. A, title V, §592(a)(2), Dec. 23, 2022, 136 Stat. 2612.
Pub. L. 116–92, div. A, title X, §1036, Dec. 20, 2019, 133 Stat. 1583, provided that:
"(a)
"(b)
"(1)
"(2)
Pub. L. 115–232, div. A, title III, §328, Aug. 13, 2018, 132 Stat. 1723, provided that: "The Secretary of the Navy may not make any modification to the existing Navy Facilities Sustainment, Restoration, and Modernization structure or mechanism that would modify duty relationships or significantly alter the existing structure until 90 days after providing notice of the proposed modification to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]."
Pub. L. 115–232, div. A, title V, §526, Aug. 13, 2018, 132 Stat. 1758, provided that:
"(a)
"(b)
"(1) Officer of the Deck.
"(2) Engineering Officer of the Watch.
"(3) Conning Officer or Piloting Officer.
"(4) Any other officer specified by the Secretary for purposes of this section.
"(c)
"(1)
"(2)
Pub. L. 109–148, div. B, title I, §702, Dec. 30, 2005, 119 Stat. 2773, provided that: "For any real property expressly granted to the United States since January 1, 1980 for use as or in connection with a Navy homeport subject to a reversionary interest retained by the grantor and serving as the site of or being used by a naval station subsequently closed or realigned pursuant to the Defense Base Closure and Realignment Act of 1990 [part A of title XXIX of div. B of Pub. L. 101–510, set out as a note under section 2687 of this title] as amended, the right of the United States to any consideration or repayment for the fair market value of the real property as improved shall be released, relinquished, waived, or otherwise permanently extinguished. The Secretary shall execute such written agreements as may be needed to facilitate the reversion and transfer all right, title, and interest of the United States in any real property described in this section, including the improvements thereon, for no consideration to the reversionary interest holder as soon as practicable after the naval station is closed or realigned. This agreement shall not require the reversionary interest holder to assume any environmental liabilities of the United States or relieve the United States from any responsibilities for environmental remediation that it may have incurred as a result of federal ownership or use of the real property."
Pub. L. 108–375, div. B, title XXVIII, §2823, Oct. 28, 2004, 118 Stat. 2132, provided that:
"(a)
"(b)
"(2) In determining the type and value of any in-kind consideration to be provided for the acquisition of a reversionary interest under subsection (a), the Secretary shall take into account the nature of the reversionary interest, including whether it would require the holder of the reversionary interest to pay for any improvements acquired by the holder as part of the reversion of the real property, and the long-term use and ultimate disposition of the real property if the United States were to acquire all right, title, and interest in and to the real property subject to the reversionary interest.
"(c)
Pub. L. 108–136, div. A, title III, §338, Nov. 24, 2003, 117 Stat. 1447, as amended by Pub. L. 110–181, div. A, title III, §329, Jan. 28, 2008, 122 Stat. 67; Pub. L. 112–239, div. A, title III, §321, Jan. 2, 2013, 126 Stat. 1694; Pub. L. 113–66, div. A, title X, §1091(d), Dec. 26, 2013, 127 Stat. 876; Pub. L. 115–91, div. A, title III, §321, Dec. 12, 2017, 131 Stat. 1352, provided that:
"(a)
"(b)
"(1) that, on the basis of the results of analysis of work processes, demonstrate that process improvements would result from the trade combinations proposed to be implemented under the demonstration project; and
"(2) that describes the improvements in cost, quality, or schedule of work that are anticipated to result from the participation in the demonstration project.
"(c)
"(2) Job descriptions and competency-based training plans must be developed for each worker while in training under the demonstration project and once certified as a multi-trade worker. A certified multi-trade worker who receives a pay grade promotion under the demonstration project must use each new skill during at least 25 percent of the worker's work year.
"(d)
"(e)
"(f) GAO
Pub. L. 103–160, div. A, title XIII, §1374, Nov. 30, 1993, 107 Stat. 1821, as amended by Pub. L. 103–337, div. A, title X, §1064, Oct. 5, 1994, 108 Stat. 2848, provided that:
"(a)
"(b)
"(c)
"(d)
"(e)
"(A) be liable for any loss or damage to Federal Government property that may result from, or in connection with, the provision of prerelease employment training by the organization under the demonstration project; and
"(B) hold harmless and indemnify the United States from and against any suit, claim, demand, action, or liability arising out of any claim for personal injury or property damage that may result from or in connection with the demonstration project.
"(2) The Secretary may not enter into an agreement under subsection (b) with the State concerned for the provision of prerelease employment training directly by the Secretary unless the agreement with the State concerned includes provisions that the State shall—
"(A) be liable for any loss or damage to Federal Government property that may result from, or in connection with, the provision of the training except to the extent that the loss or damage results from a wrongful act or omission of Federal Government personnel; and
"(B) hold harmless and indemnify the United States from and against any suit, claim, demand, action, or liability arising out of any claim for personal injury or property damage that may result from, or in connection with, the provision of the training except to the extent that the personal injury or property damage results from a wrongful act or omission of Federal Government personnel.
"(f)
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 Organization and Employees.