US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 10USC5013]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                          PART I--ORGANIZATION
 
                   CHAPTER 503--DEPARTMENT OF THE NAVY
 
Sec. 5013. Secretary of the Navy

    (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 is the head of the Department of the Navy.
    (2) A person may not be appointed as Secretary of the Navy within 
five 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 (to the maximum extent practicable) 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, Sec. 511(c)(2), Oct. 1, 1986, 100 Stat. 
1043; amended Pub. L. 99-661, div. A, title V, Sec. 534, Nov. 14, 1986, 
100 Stat. 3873.)


                            Prior Provisions

    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 5013 was renumbered section 5063 of this title.


                               Amendments

    1986--Subsec. (a)(2). Pub. L. 99-661 substituted ``five years'' for 
``10 years''.


Navy Higher Education Pilot Program Regarding Administration of Business 
           Relationships Between Government and Private Sector

    Pub. L. 105-85, div. A, title XI, Sec. 1108, Nov. 18, 1997, 111 
Stat. 1926, provided that:
    ``(a) Pilot Project Authorized.--During fiscal years 1998 through 
2002, the Secretary of the Navy may establish and conduct a pilot 
program of graduate-level higher education regarding the administration 
of business relationships between the Government and the private sector.
    ``(b) Purpose.--The purpose of the pilot program is to make 
available to employees of the Naval Undersea Warfare Center, employees 
of the Naval Sea Systems Command, and employees of the Acquisition 
Center for Excellence of the Navy (upon establishment of such 
Acquisition Center), a curriculum of graduate-level higher education 
leading to the award of a graduate degree designed to prepare 
participants effectively to meet the challenges of administering 
Government contracting and other business relationships between the 
United States and private sector businesses in the context of constantly 
changing or newly emerging industries, technologies, governmental 
organizations, policies, and procedures (including governmental 
organizations, policies, and procedures recommended in the National 
Performance Review).
    ``(c) Partnership With Institution of Higher Education.--(1) The 
Secretary of the Navy may enter into an agreement with an institution of 
higher education to assist the Naval Undersea Warfare Center with the 
development of the curriculum for the pilot program, to offer courses 
and provide instruction and materials to participants to the extent 
provided for in the agreement, to provide such other assistance in 
support of the program as may be provided for in the agreement, and to 
award a graduate degree under the program.
    ``(2) To be eligible to enter into an agreement under paragraph (1), 
an institution of higher education must have an established program of 
graduate-level education that is relevant to the purpose of the pilot 
program.
    ``(d) Curriculum.--The curriculum offered under the pilot program 
shall--
        ``(1) be designed specifically to achieve the purpose of the 
    pilot program; and
        ``(2) include courses that are--
            ``(A) typically offered under curricula leading to award of 
        the degree of Master of Business Administration by institutions 
        of higher education; and
            ``(B) necessary for meeting educational qualification 
        requirements for certification as an acquisition program 
        manager.
    ``(e) Distance Learning Option.--The Secretary of the Navy may 
include as part of the pilot program policies and procedures for 
offering distance learning instruction by means of telecommunications, 
correspondence, or other methods for off-site receipt of instruction.
    ``(f) Report.--Not later than 90 days after the termination of the 
pilot program, the Secretary of the Navy shall submit to Congress a 
report containing--
        ``(1) an assessment by the Secretary of the value of the program 
    for meeting the purpose of the program and the desirability of 
    permanently establishing a similar program for other employees of 
    the Department of Defense; and
        ``(2) such other information and recommendations regarding the 
    program as the Secretary considers appropriate.
    ``(g) Limitation on Funding Source.--Any funds required for the 
pilot program for a fiscal year shall be derived only from the 
appropriation `Operation and Maintenance, Navy' for that fiscal year.''


    Use of Naval Installations for Employment Training of Nonviolent 
                    Offenders in State Penal Systems

    Pub. L. 103-160, div. A, title XIII, Sec. 1374, Nov. 30, 1993, 107 
Stat. 1821, as amended by Pub. L. 103-337, div. A, title X, Sec. 1064, 
Oct. 5, 1994, 108 Stat. 2848, provided that:
    ``(a) Demonstration Project Authorized.--The Secretary of the Navy 
may conduct a demonstration project to test the feasibility of using 
Navy facilities to provide employment training to nonviolent offenders 
in a State penal system prior to their release from incarceration. The 
demonstration project shall be limited to not more than three military 
installations under the jurisdiction of the Secretary.
    ``(b) Sources of Training.--The Secretary may enter into a 
cooperative agreement with one or more private, nonprofit organizations 
for purposes of providing at the military installations included in the 
demonstration project the prerelease employment training authorized 
under subsection (a) or may provide such training directly at such 
installations by agreement with the State concerned.
    ``(c) Use of Facilities.--Under a cooperative agreement entered into 
under subsection (b), the Secretary may lease or otherwise make 
available to a nonprofit organization participating in the demonstration 
project at a military installation included in the demonstration project 
any real property or facilities at the installation that the Secretary 
considers to be appropriate for use to provide the prerelease employment 
training authorized under subsection (a). Notwithstanding section 
2667(b)(4) of title 10, United States Code, the use of such real 
property or facilities may be permitted with or without reimbursement.
    ``(d) Acceptance of Services.--Notwithstanding section 1342 of title 
31, United States Code, the Secretary may accept voluntary services 
provided by persons participating in the prerelease employment training 
authorized under subsection (a).
    ``(e) Liability and Indemnification.--(1) The Secretary may not 
enter into a cooperative agreement under subsection (b) with a nonprofit 
organization for the participation of that organization in the 
demonstration project unless the agreement includes provisions that the 
nonprofit organization shall--
        ``(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) Report.--Not later than two years after the date of the 
enactment of this Act [Nov. 30, 1993], the Secretary shall submit to 
Congress a report evaluating the success of the demonstration project 
and containing such recommendations with regard to the termination, 
continuation, or expansion of the demonstration project as the Secretary 
considers to be appropriate.''


                           Order of Succession

    For order of succession in event of death, permanent disability, or 
resignation of Secretary of Defense, see Ex. Ord. No. 13000, Apr. 24, 
1996, 61 F.R. 18483, set out as a note under section 3345 of Title 5, 
Government Organization and Employees.
    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, set out as a note under section 3345 of Title 5.

                  Section Referred to in Other Sections

    This section is referred to in sections 162, 5033, 5043, 10172, 
10173 of this title.