
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(a)(28)]
[CITE: 10USC5014]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                          PART I--ORGANIZATION
 
                   CHAPTER 503--DEPARTMENT OF THE NAVY
 
Sec. 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 his 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 designate a 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 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.

    (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.
    (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.
    (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 (3)--
            (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 Corps on 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 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.

(Added Pub. L. 99-433, title V, Sec. 511(c)(4), Oct. 1, 1986, 100 Stat. 
1045; amended Pub. L. 100-180, div. A, title XIII, Sec. 1314(b)(7), Dec. 
4, 1987, 101 Stat. 1175; Pub. L. 100-456, div. A, title III, 
Sec. 325(b), Sept. 29, 1988, 102 Stat. 1955; Pub. L. 101-189, div. A, 
title VI, Sec. 652(a)(4), Nov. 29, 1989, 103 Stat. 1461.)

                       References in Text

    The date of the enactment of this subsection, referred to in subsec. 
(f)(3), is the date of enactment of Pub. L. 99-433, which was approved 
Oct. 1, 1986.


                            Prior Provisions

    A prior section 5014, added Pub. L. 85-861, Sec. 1(106)(A), Sept. 2, 
1958, 72 Stat. 1490, prescribed compensation of General Counsel of 
Department of the Navy, prior to repeal by Pub. L. 88-426, title III, 
Sec. 305(40)(A), Aug. 14, 1964, 78 Stat. 427, eff. first day of first 
pay period beginning on or after July 1, 1964. See section 5316 of Title 
5, Government Organization and Employees.


                               Amendments

    1989--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.''
    1988--Subsec. (c)(5). Pub. L. 100-456 added par. (5).
    1987--Subsec. (f)(4). Pub. L. 100-180 inserted ``the President or'' 
after ``declared by''.


                    Effective Date of 1988 Amendment

    Section 325(d) of Pub. L. 100-456 provided that:
    ``(1) The requirements of sections 3014(c)(5), 5014(c)(5)(A), and 
8014(c)(5) of title 10, United States Code (as added by subsections (a), 
(b), and (c), respectively), shall apply with respect to any person 
appointed on or after the date of the enactment of this Act [Sept. 29, 
1988] as the head of the office or other entity designated for 
conducting the auditing function in a military department.
    ``(2) Subparagraph (B) of section 5014(c)(5) of title 10, United 
States Code (as added by subsection (b)), shall take effect at the end 
of the one-year period beginning on the date of the enactment of this 
Act.''


                             Effective Date

    Subsecs. (c) and (d) of this section to be implemented not later 
than 180 days after Oct. 1, 1986, see section 532(a) of Pub. L. 99-433, 
set out as a note under section 3014 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 5032, 5042 of this title.
