
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC5033]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                          PART I--ORGANIZATION
 
          CHAPTER 505--OFFICE OF THE CHIEF OF NAVAL OPERATIONS
 
Sec. 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 full tour of duty in a 
    joint duty assignment (as defined in section 664(f) 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 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 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 
    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 
    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 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.

(Added Pub. L. 99-433, title V, Sec. 512(b), Oct. 1, 1986, 100 Stat. 
1049; amended Pub. L. 100-456, div. A, title V, Sec. 519(a)(3), Sept. 
29, 1988, 102 Stat. 1972.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
sections 5081 and 5082 of this title prior to enactment of Pub. L. 99-
433.
    A prior section 5033, acts Aug. 10, 1956, ch. 1041, 70A Stat. 279; 
Sept. 2, 1958, Pub. L. 85-861, Sec. 1(108), 72 Stat. 1490; Aug. 14, 
1964, Pub. L. 88-426, title III, Secs. 305(5), 306(j)(5), 78 Stat. 422, 
432, related to appointment and duties of Under Secretary of the Navy, 
prior to repeal by Pub. L. 99-433, Sec. 511(e). See section 5015 of this 
title.


                               Amendments

    1988--Subsec. (a)(2)(B). Pub. L. 100-456 substituted ``full tour of 
duty in a joint duty assignment (as defined in section 664(f) of this 
title)'' for ``joint duty assignment''.


        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 
Pub. L. 99-433, formerly set out as a note under section 3033 of this 
title.
