CHAPTER 805 —OFFICE OF THE CHIEF OF NAVAL OPERATIONS
Editorial Notes
Prior Provisions
A prior
Amendments
2021—
2018—
1996—
1992—
1986—
§8031. 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.
(Added
Editorial Notes
Prior Provisions
A prior section 8031 was renumbered
Amendments
2018—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§8032. 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
(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.
(Added
Editorial Notes
Prior Provisions
A prior section 8032 was renumbered
Amendments
2018—
Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§8033. 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 the flag officers of the Navy. 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 full tour of duty in a joint duty assignment (as defined in section 664(f) 1 of this title) as a flag officer.
(3) 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
(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 plans 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 under
(5) perform the duties prescribed for him by
(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
(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.
(Added
Editorial Notes
References in Text
Prior Provisions
Provisions similar to those in this section were contained in
A prior section 8033 was renumbered
Another prior section 8033 was renumbered
A prior section 8034 was renumbered
Another prior section 8034 was renumbered
Amendments
2021—Subsec. (d)(5).
2018—
Subsec. (c).
2015—Subsec. (d)(5).
2003—Subsec. (a)(1).
1988—Subsec. (a)(2)(B).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by
Amendment by
Effective Date of 2018 Amendment
Amendment by
Reappointment of Incumbent Chief of Naval Operations
Waiver of Qualifications for Appointment as Service Chief
For provisions giving President temporary authority to waive requirements in subsec. (a)(2) of this section, see section 532(c) of
1 See References in Text note below.
§8035. 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 or the absence 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.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
A prior section 8035 was renumbered
Another prior section 8035 was renumbered
Amendments
2018—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§8036. Deputy Chiefs of Naval Operations
(a) There are Deputy Chiefs of Naval Operations in the Office of the Chief of Naval Operations, detailed by the Secretary of the Navy from officers on the active-duty list of the Navy serving in grades above captain. 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
(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.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
A prior section 8036 was renumbered
Amendments
2018—
Subsec. (a).
2008—Subsec. (a).
2004—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§8037. Assistant Chiefs of Naval Operations
(a) There are Assistant Chiefs of Naval Operations in the Office of the Chief of Naval Operations, 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 Operations in accordance with
(b) The Assistant Chiefs of Naval Operations shall perform such duties as the Secretary of the Navy prescribes.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
A prior section 8037 was renumbered
Amendments
2018—
Subsec. (a).
2008—Subsec. (a).
2004—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§8038. Director for Expeditionary Warfare
(a) One of the Directors within the office of the Deputy Chief of Naval Operations with responsibility for warfare requirements and programs 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 Expeditionary Warfare shall be to supervise the performance of all staff responsibilities of the Chief of Naval Operations regarding expeditionary warfare, including responsibilities regarding amphibious lift, mine warfare, naval fire support, and other missions essential to supporting expeditionary warfare.
(c) The Chief of Naval Operations shall transfer duties, responsibilities, and staff from other personnel within the Office of the Chief of Naval Operations as necessary to fully support the Director for Expeditionary Warfare.
(Added
Editorial Notes
Prior Provisions
Prior sections 8038 to 8040 were renumbered
Amendments
2018—
2016—Subsecs. (b) to (d).
2001—Subsec. (a).
1993—Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§8039. Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair
(a)
(b)
(c)
(d)
(1) the independent administration and management of the execution of Department of Defense contracts awarded to commercial entities for shipbuilding, conversion, and repair at the facilities of such entities;
(2) the designated contract administration office of the Department responsible for performing contract administration services for such contracts;
(3) enforcement of requirements of such contracts 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 Government for such contracts, including inspections.
(e)
(1) Project oversight, including the following:
(A) Coordinating responses to non-contractual emergent problems, as assigned by the Commander of Naval Sea Systems Command.
(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 planning and pre-award activities, including assessment of contractor qualifications.
(2) Technical authority, including the following:
(A) Execution of the technical authority responsibilities by the Waterfront Chief Engineer.
(B) Execution of the waterfront technical authority responsibilities of the Naval Sea Systems Command for providing Government direction and coordination in the resolution of technical issues.
(f)
(g)
(1) that are valued at $50,000,000 or more; and
(2) for which the Deputy Commander oversees the designated contract administration office of the Department pursuant to subsection (d)(2).
(h)
(2) Each written assessment required by paragraph (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 described 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 commercial entity described in subsection (d)(1), to include the conditions requiring the approval 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 Management Agency.
(B) A summary of any significant deficiencies in contractor business systems or other significant contract discrepancies documented by the appropriate Navy supervisor of shipbuilding, conversion, and repair, the Defense Contract Management Agency, or the Defense Contract Audit Agency for such contracts, and any actions planned or taken in response.
(C) A summary of the results from audits and inspections completed by Naval Sea Systems Command that evaluate the performance of the appropriate Navy supervisor of shipbuilding, conversion, and repair in executing their quality assurance and contract administration 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 support the supervision of shipbuilding, conversion, and repair, that—
(i) includes key findings, recommendations, and implementation plans; and
(ii) indicates any additional support needed from other organizations of the Department, such as the Defense Contract Audit Agency and the Defense Contract Management Agency, for implementation.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
"(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 individual 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 appointment."