
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC5035]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                          PART I--ORGANIZATION
 
          CHAPTER 505--OFFICE OF THE CHIEF OF NAVAL OPERATIONS
 
Sec. 5035. 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 Pub. L. 99-433, title V, Sec. 512(b), Oct. 1, 1986, 100 Stat. 
1050.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 5085 of this title prior to enactment of Pub. L. 99-433.
    A prior section 5035, act Aug. 10, 1956, ch. 1041, 70A Stat. 279, 
authorized an Assistant Secretary of the Navy for Air, provided for his 
appointment and duties, and prescribed his compensation, prior to repeal 
by Pub. L. 85-599, Sec. 8(b)(2), Aug. 6, 1958, 72 Stat. 519, eff. six 
months after Aug. 6, 1958. Subsec. (c) was also repealed by Pub. L. 85-
861, Sec. 36B(12), Sept. 2, 1958, 72 Stat. 1571.
