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Page:United States Statutes at Large Volume 100 Part 1.djvu/1062

 100 STAT. 1026

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10 USC 662.

PUBLIC LAW 99-433—OCT. 1, 1986

"(c) EDUCATION AND EXPERIENCE REQUIREMENTS.—(1) An officer who is nominated for the joint specialty may not be selected for the joint specialty until the officer— "(A) successfully completes an appropriate program at a joint professional military education school; and "(B) after completing such program of education, successfully completes a full tour of duty in a joint duty assignment. "(2) An officer who has a critical occupational specialty involving combat operations (as designated by the Secretary of Defense) and who is nominated for the joint specialty may be selected for the joint specialty after successful completion of a joint duty assignment of not less than two years and successful completion of a program under paragraph (1)(A). An officer selected for the joint specialty under this paragraph shall be required to complete the generally applicable requirements for selection under paragraph (1)(B) as soon as practicable after such officer's selection. "(d) NUMBER OF JOINT DUTY ASSIGNMENTS.—(1) The Secretary of

Defense shall ensure that approximately one-half of the joint duty assignment positions in grades above captain or, in the case of the Navy, lieutenant are filled at any time by officers who have (or have been nominated for) the joint specialty. "(2) The Secretary of Defense shall designate not fewer than 1,000 joint duty sissignment positions as critical joint duty assignment positions. Each such position shall be held only by an officer with the joint specialty. "(e) CAREER GUIDELINES.—The Secretary, with the advice of the Chairman of the Joint Chiefs of Staff, shall establish career guidelines for officers with the joint specialty. Such guidelines shall include guidelines for— "(1) selection; "(2) military education; ii»/•^^^ro^ J*f&^'»^r %'*J fb*^-:^ "(3) training; "(4) types of duty assignments; and "(5) such other matters as the Secretary considers appropriate. "§ 662. Promotion policy objectives for joint officers "(a) QUALIFICATIONS.—The Secretary of Defense shall ensure that the qualifications of officers assigned to joint duty assignments are such that— "(1) officers who are serving on, or have served on, the Joint Staff are expected, as a group, to be promoted at a rate not less than the rate for officers of the same armed force in the same grade and competitive category who are serving on, or have served on, the headquarters staff of their armed force; "(2) officers who have the joint specialty are expected, as a group, to be promoted at a rate not less than the rate for officers of the same armed force in the same grade and competitive category who are serving on, or have served on, the beadle ^ quarters staff of their armed force; and "(3) officers who are serving in, or have served in, joint duty assignments (other than officers covered in paragraphs (1) and ^^'i.. (2)) are expected, as a group, to be promoted at a rate not less than the rate for all officers of the same armed force in the same grade and competitive category. "(b) REPORT.—The Secretary of Defense shall periodically (and not less often than every six months) report to Congress on the pro-

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1063

 PUBLIC LAW 99-433—OCT. 1, 1986

100 STAT. 1027

motion rates of officers who are serving in, or have served in, joint duty assignments, especially with respect to the record of officer selection boards in meeting the objectives of clauses (1), (2), and (3) of subsection (a). If such promotion rates fail to meet such objectives, the Secretary shall immediately notify Congress of such failure and of what action the Secretary has taken or plans to take to prevent further failures. "§ 663. Education "(a) CAPSTONE COURSE FOR N E W GENERAL AND FLAG OFFICERS.—(1)

Each officer selected for promotion to the grade of brigadier general or, in the case of the Navy, rear admiral (lower half) shall be required, after such selection, to attend a military education course designed specifically to prepare new general and flag officers to work with the other armed forces. "(2) Subject to paragraph (3), the Secretary of Defense may waive paragraph (1)— "(A) in the case of an officer whose immediately previous assignment was in a joint duty assignment and who is thoroughly familiar with joint matters; "(B) when necessary for the good of the service; at "(C) in the case of an officer whose proposed selection for ii; promotion is based primarily upon scientific and technical qualifications for which joint requirements do not exist (sis determined under regulations prescribed under section 619(e)(4) of this title); and io "(D) in the case of a medical officer, dental officer, veterinary officer, medical service officer, nurse, biomedical science officer, or chaplain. "(3) The authority of the Secretary of Defense to grant a waiver under paragraph (2) may only be delegated to the Deputy Secretary of Defense, an Under Secretary of Defense, or an Assistant Secretary of Defense. Such a waiver may be granted only on a case-bycase basis in the case of an individual officer. "(b) JOINT MILITARY EDUCATION SCHOOLS.—The Secretary of De-

fense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall periodically review and revise the curriculum of each school of the National Defense University (and of any other joint professional military education school) to enhance the education and training of officers in joint matters. The Secretary shall require such schools to maintain rigorous standards for the military education of officers with the joint specialty. "(c) OTHER PROFESSIONAL MILITARY EDUCATION SCHOOLS.—The

Secretary of Defense shall require that each Department of Defense school concerned with professional military education periodically review and revise its curriculum for senior and intermediate grade officers in order to strengthen the focus on— "(1) joint matters; and "(2) preparing officers for joint duty assignments. "(d) POST-EDUCATION DUTY ASSIGNMENTS.—The Secretary of De-

fense shall ensure that— "(1) unless waived by the Secretary in an individual case, each officer with the joint specialty who graduates from a joint professional military education school shall be sissigned to a, ^ joint duty assignment for that officer's next duty assignment; _ and

^ 10 USC 663.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1064

 100 STAT. 1028

PUBLIC LAW 99-433—OCT. 1, 1986

^ "(2) a high proportion (which shall be greater than 50 percent) ^^ of the other officers graduating from a joint professional mili" I tary education school also receive assignments to a joint duty assignment as their next duty assignment. 10 USC 664.

"§ 664. Length of joint duty assignments "(a) GENERAL RULE.—The length of a joint duty assignment— P,j^., > (J, "(1) for general and flag officers shall be not less than three years; and "(2) for other officers shall be not less than three and one-half years. "(b) WAIVER AUTHORITY.—The Secretary of Defense may waive subsection (a) in the case of any officer, but the Secretary shall ensure that the average length of joint duty assignments meets the standards prescribed in that subsection. "(c)

CERTAIN

OFFICERS WITH

CRITICAL COMBAT OPERATIONS

SKILLS.—Joint duty assignments of less than the period prescribed by subsection (a), but not less than two years, may be authorized for the purposes of section 661(c)(2) of this title. Such an assignment may not be counted for the purposes of determining the average length of joint duty assignments under subsection (b). "(d) EXCEPTION.—(1) Subsection (a) does not apply in the case of an officer who fails to complete a joint duty assignment as the result of— "(A) retirement; "(B) separation from active duty; or "(C) suspension from duty under section 155(f)(2) or 164(g) of this title. "(2) In computing the average length of joint duty assignments for purposes of this section, the Secretary of Defense shall exclude joint duty assignments not completed because of a reason specified in paragraph (1). "§ 665. Procedures for monitoring careers of joint officers "(a) PROCEDURES.—(1) The Secretary of Defense, with the advice of the Chairman of the Joint Chiefs of Staff, shall establish procedures for overseeing the careers of— "(A) officers with the joint specialty; and "(B) other officers who serve in joint duty assignments. "(2) Such oversight shall include monitoring of the implementation of the career guidelines established under section 661(e) of this title. "(b) FUNCTION OF JOINT STAFF.—The Secretary shall take such action as necessary to enhance the capabilities of the Joint Staff so that it can— "(1) monitor the promotions and career assignments of officers with the joint specialty and of other officers who have served in joint duty assignments; and "(2) otherwise advise the Chairman on joint personnel matters. "§ 666. Reserve officers not on the active-duty list "The Secretary of Defense shall establish personnel policies emphasizing education and experience in joint matters for reserve officers not on the active-duty list. Such policies shall, to the extent practicable for the reserve components, be similar to the policies provided by this chapter.

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100 STAT. 1029

"§ 667. Annual report to Congress 10 USC 667. "The Secretary of Defense shall include in the annual report of the Secretary to Congress under section 113(c) of this title, for the Ante, p. 1022. period covered by the report, the following information (which shall be shown for the Department of Defense as a whole and separately " ^ for the Army, Navy, Air Force, and Marine Corps): "(1) The number of officers selected for the joint specialty and their education and experience. , "(2) The promotion rate for officers considered for promotion ^ from within the promotion zone who are serving on the Joint Staff compared with the promotion rate for other officers considered for promotion from within the promotion zone in the t same pay grade and the same competitive category, shown for all officers of the armed force and for officers serving on the J headquarters staff of the armed force concerned. "(3) The promotion rate for officers with the joint specialty, compared in the same manner as specified in paragraph (2). I "(4) The promotion rate for other officers who are serving in ^ joint duty assignments, compared in the same manner as speci^ fied in paragraph (2). "(5) The promotion rate for officers considered for promotion from below the promotion zone, shown for officers serving on the Joint Staff, officers with the joint specialty, and other officers serving in joint duty assignments, compared in the same . ^ manner as specified in paragraph (2). '' * "(6) An analysis of assignments of officers after selection for the joint specialty. "(7) The average length of tours of duty in joint duty assignments— I "(A) for general and flag officers, shown separately for J assignments to the Joint Staff and other joint duty assignments; and _.. "(B) for other officers, shown separately for assignments to the Joint Staff and other joint duty assignments. "(8) In any case in which the information under paragraphs (2) through (5) shows a significant imbalance between officers serving in joint duty assignments or having the joint specialty and other officers, a description of what action has been taken, (or is planned to be taken) by the Secretary to correct the imbalance. J "(9) An analysis of the extent to which the Secretary of each I military department is providing officers to fill that department's share (as determined by law or by the Secretary of 1 Defense) of Joint Staff and other joint duty assignments, includ^ ing the reason for any significant failure by a military department to fill its share of such positions and a discussion of the I actions being taken to correct the shortfall. "(10) Such other information and comparative data as the f Secretary of Defense considers appropriate to demonstrate the performance of the Department of Defense and the performance of each military department in carrying out this chapter. "§ 668. Definitions "(a) JOINT MATTERS.—In this chapter, the term 'joint matters' means matters relating to the integrated employment of land, sea, and air forces, including matters relating to—

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1066

 100 STAT. 1030 TlYd ')3tJ

Regulations.

PUBLIC LAW 99-433—OCT. 1, 1986

... ... I... "(1) national military strategy; "lo "(2) strategic planning and contingency planning; and "(3) command and control of combat operations under unified command.

"(b) JOINT DUTY ASSIGNMENT.—(1) The Secretary of Defense shall

by regulation define the term 'joint duty assignment' for the purposes of this chapter. That definition shall be limited to assignments in which the officer gains significant experience in joint matters and shall exclude— "(A) assignments for joint training or joint education; and "(B) assignments within an officer's own military department. "(2) The Secretary shall publish a list showing— "(A) the positions that are joint duty assignment positions under such regulation and the number of such positions; and "(B) of the positions listed under subparagraph (A), those that are critical joint duty assignment positions and the number of such positions.", (b) CLERICAL AMENDMENTS.—The tables of chapters at the beginning of subtitle A, and at the beginning of part II of subtitle A, are amended by inserting after the item relating to chapter 37 the following new item: "38. Joint Officer Management

661".

SEC. 402. PROMOTION PROCEDURES FOR JOINT OFFICERS

10 USC 612.

(a) COMPOSITION OF SELECTION BOARDS.—Section 612 is amended by adding at the end the following new subsection: "(c) Each selection board convened under section 611(a) of this title that will consider officers who are serving in, or have served in, joint duty assignments shall include at least one officer designated by the Chairman of the Joint Chiefs of Staff who is currently serving in a joint duty assignment. The Secretary of Defense may waive the preceding sentence in the case of any selection board of the Marine Corps.". (b) GUIDANCE TO SELECTION BOARDS.—Section 615 is amended— (1) by inserting "(a)" before "The Secretary of the"; (2) by striking out "and" at the end of clause (4); (3) by redesignating clause (5) as clause (6); (4) by inserting after clause (4) the following new clause (5): "(5) guidelines, based upon guidelines received by the Secretary from the Secretary of Defense under subsection (b), for the purpose of ensuring that the board gives appropriate consideration to the performance in joint duty assignments of officers who are serving, or have served, in such assignments; and"; and (5) by adding at the end the following new subsection: "(b) The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall furnish to the Secretaries of the military departments guidelines for the purpose of ensuring that each selection board convened under section 611(a) of this title gives appropriate consideration to the performance in joint duty assignments of officers who are serving, or have served, in such assignments.". (c) REVIEW OF PROMOTION LISTS BY CHAIRMAN OF JCS.—Section

Reports.

618 is amended— (1) by redesignating subsections (b), (c), (d), and (e) as subsections (c), (d), (e), and (f), respectively; and (2) by inserting after subsection (a) the following new subsection (b): .„, ,

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100 STAT. 1031

"(b)(1) After completing the requirements of subsection (a), the Secretary concerned, in the case of the report of a selection board that considered officers who are serving, or have served, in joint duty assignments, shall submit the report to the Chairman of the Joint Chiefs of Staff. "(2) The Chairman, in accordance with guidelines furnished to the Chairman by the Secretary of Defense, shall review the report for the purpose of determining if— "(A) the selection board acted consistent with the guidelines of the Secretary of Defense under section 615(b) of this title to Ante, p. 1030. s ensure that selection boards give appropriate consideration to the performance in joint duty assignments of officers who are serving, or have served, in such assignments; and ^ "(B) the selection board otherwise gave appropriate consideration to the performance in joint duty assignments of officers who are serving, or have served, in such assignments. 9 '^SU oi "(3) After reviewing the report, the Chairman shall return the report, with his determinations and comments, to the Secretary concerned. "(4) If the Chairman determines that the board acted contrary to the guidelines of the Secretary of Defense under section 615(b) of this title or otherwise failed to give appropriate consideration to the performance of officers in joint duty assignments, the Secretary concerned may— "(A) return the report, together with the Chairman's determinations and comments, to the selection board (or a subseV quent selection board convened under section 611(a) of this title 10 USC 6ii., for the same grade and competitive category) for further proceedings in accordance with subsection (a); r "(B) convene a special selection board in the manner provided I for under section 628 of this title; or I "(C) take other appropriate action to satisfy the concerns of the Chairman. "(5) If, after completion of all actions taken under paragraph (4), the Secretary concerned and the Chairman remain in disagreement with respect to the report of a selection board, the Secretary concerned shall indicate such disagreement, and the reasons for such disagreement, as part of his transmittal of the report of the selection board to the Secretary of Defense under subsection (c). Such transmittal shall include any comments submitted by the Chairman."; and (3) by adding at the end of paragraph (1) of subsection (c) (as i redesignated by paragraph (1)) the following new sentence: "The Secretary of Defense s h ^ l, before transmitting the report of a selection board to the President, take appropriate action to '•'' J--"**' • f resolve any disagreement between the Secretary concerned and the Chairman transmitted to him under subsection (b)(5).". SEC. 403. CONSIDERATION OF JOINT DUTY IN SENIOR GENERAL AND FLAG OFFICER APPOINTMENTS AND ADVICE ON QUALIFICATIONS

Section 601 is amended by adding at the end the following new subsection: "(d)(1) When an officer is recommended to the President for an initial appointment to the grade of lieutenant general or vice admiral, or for an initial appointment to the grade of general or admiral, the Chairman of the Joint Chiefs of Staff shall submit to the Secretary of Defense the Chairman's evaluation of the perform-

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 100 STAT. 1032

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PUBLIC LAW 99-433—OCT. 1, 1986

ance of that officer as a member of the Joint Staff and in other joint duty assignments. The Secretary of Defense shall submit the Chairman's evaluation to the President at the same time the recommendation for the appointment is submitted to the President. "(2) Whenever a vacancy occurs in a position within the Department of Defense that the President has designated as a position of importance and responsibility to carry the grade of general or admiral or lieutenant general or vice admiral or in an office that is designated by law to carry such a grade, the Secretary of Defense shall inform the President of the qualifications needed by an officer serving in that position or office to carry out effectively the duties and responsibilities of that position or office.". SEC. 404. JOINT DUTY ASSIGNMENT AS PREREQUISITE FOR PROMOTION TO GENERAL OR FLAG OFFICER GRADE

10 USC 619.

Section 619 is amended by adding at the end the following new subsection: "(e)(1) An officer may not be selected for promotion to the grade of brigadier general or rear admiral (lower half) unless the officer has served in a joint duty assignment. "(2) Subject to paragraph (3), the Secretary of Defense may waive paragraph (1)— "(A) when necessary for the good of the service; "(B) in the case of an officer whose proposed selection for promotion is based primarily upon scientific and technical qualifications for which joint requirements do not exist; i»;} „ Qi "(C) in the case of a medical officer, dental officer, veterinary officer, medical service officer, nurse, biomedical science officer, chaplain, or judge advocate; and 09I "(D) until January 1, 1992, in the case of an officer who served before the date of the enactment of this subsection in an significant experience in joint matters (as determined by the Secretary). "(3)(A) A waiver may be granted under paragraph (2) only on a case-by-case basis in the case of an individual officer. "(B) In the case of a waiver under paragraph (2)(A), the Secretary shall provide that the first duty assignment as a general or flag officer of an officer for whom the waiver is granted shall be in a joint duty assignment. "(C) The authority of the Secretary of Defense to grant a waiver under paragraph (2)(B), (2)(C), or (2)(D) may only be delegated to the Deputy Secretary of Defense, an Under Secretary of Defense, or an Assistant Secretary of Defense. Regulations. "(4) The Secretary of Defense shall prescribe regulations to carry out this subsection. Such regulations shall specifically identify those categories of officers for which selection for promotion to brigadier general or, in the case of the Navy, rear admiral (lower half) is based primarily upon scientific and technical qualifications for which joint requirements do not exist.". 10 USC 113 note.
 * , assignment (other than a joint duty assignment) that involved

SEC. 405. ANNUAL REPORT ON IMPLEMENTATION

The Secretary of Defense shall include in the annual report of the Secretary to Congress under section 113(c) of title 10, United States Code (as redesignated by section 101(a)), for each year from 1987 through 1991 a detailed report on the implementation of this title and the amendments made by this title. „, „.

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100 STAT. 1033

SEC. 406. TRANSITION

(a) JOINT DUTY ASSIGNMENTS.—(1) Section 661(d) of title 10, United

States Code (as added by section 401), shall be implemented as rapidly as possible and not later than two years after the date of the enactment of this Act. (2) The list of positions that are joint duty assignment positions, including identification of those positions that are critical joint duty assignment positions, required to be published by section 668(b)(2) of such title shall be published not later than six months after the date of the enactment of this Act.

Effective date. 10 USC 661 note.

(b) JOINT SPECIALTY.— (1) INITIAL SELECTIONS.—(A)

10 USC 661 note.

(d) EDUCATION.—

10 USC 663 note.

In making the initial selections of officers for the joint specialty under section 661 of title 10, United States Code (as added by section 401 of this Act), the Secretary of Defense may waive the requirement of either subparagraph (A) or (B) (but not both) of subsection (c)(1) of such section in the case of any officer in a grade above captain or, in the case of the Navy, lieutenant. (B) In applying such subparagraph (B) to the initial selections of officers for the joint specialty, the Secretary may in the case - of any officer— (i) waive the requirement that a joint duty assignment be ' served after the officer has completed an appropriate program at a joint professional military education school; (ii) waive the requirement for the length of a joint duty -" assignment if the officer has served in such an assignment for not less than two years; and (iii) consider as a joint duty assignment any tour of duty served by the officer before the date of the enactment of this Act (or being served on the date of the enactment of this Act) that was considered to be a joint duty assignment or a joint equivalent assignment under the regulations in effect at the time the assignment began. (C) A waiver under subparagraph (A) of this paragraph or under any provision of subparagraph (B) of this paragraph may only be made on a case-by-case basis. (D) The authority of the Secretary of Defense to grant a waiver under subparagraph (A) or (B) of this paragraph may be delegated only to the Deputy Secretary of Defense. (2) REQUIREMENT FOR HIGH STANDARDS.—In exercising the Education. authority provided by paragraph (1), the Secretary of Defense shall ensure that the highest standards of performance, education, and experience are established and maintained for officers selected for the joint specialty. (3) SUNSET.—The authority provided by paragraph (1) shall Termination expire two years after the date of the enactment of this Act. date. (c) CAREER GUIDELINES.—The career guidelines required to be 10 USC 661 note. established by section 661(e) of such title, the procedures required to be established by section 665(a) of such title, and the personnel policies required to be established by section 666 of such title (as added by section 401) shall be established not later than the end of the eight-month period beginning on the date of the enactment of this Act. The provisions of section 665(b) of such title shall be implemented not later than the end of such period.

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 100 STAT. 1034

Reports.

Effective date.

Effective date.

PUBLIC LAW 99-433—OCT. 1, 1986

(1) CAPSTONE COURSE.—Subsection (a) of section 663 of such title (as added by section 401) shall apply with respect to officers selected in reports of officer selection boards submitted to the Secretary concerned after the end of the 120-day period beginning on the date of the enactment of this Act. (2) REVIEW OF MILITARY EDUCATION SCHOOLS.—(A) The first Snreview under subsections (h) and (c) of such section shall be completed not later than 120 days after the date of the enactment of this Act. The Secretary of Defense shall submit to Congress a report on the results of the review at each Department of Defense school not later than 60 days thereafter. (B) Such subsections shall be implemented so that the revised curricula take effect with respect to courses beginning after July 1987. (3) POST-EDUCATION DUTY ASSIGNMENTS.—Subsection (d)

of

such section shall take effect with respect to clsisses graduating from joint professional military education schools after January 1987. 10 USC 664 note. (e) LENGTH OF JOINT DUTY ASSIGNMENTS.—Subsection (a) of section 664 of title 10, United States Code (as added by section 401), shall apply to officers assigned to joint duty assignments after the end of the 90-day period beginning on the date of the enactment of this Act. In computing an average under subsection (b) of such section, only joint duty assignments to which such subsection applies shall be considered. Effective date. (f) PROMOTION POLICY.—The amendments made by section 402 10 USC 612 note. shall take effect with respect to selection boards convened under section 611(a) of title 10, United States Code, after the end of the 120-day period beginning on the date of the enactment of this Act. (g) INITIAL REPORT.—The first report submitted by the Secretary of 10 USC 113 note. Defense after the date of the enactment of this Act under section 113(c) of title 10, United States Code (as redesignated by section 101), shall contain as much of the information required by section 667 of such title (as added by section 401) as is available to the Secretary at the time of the preparation of the report. TITLE V—MILITARY DEPARTMENTS PART A—DEPARTMENT OF THE ARMY SEC. 501. THE ARMY SECRETARIAT 10 USC 3010 et seq. 10 USC 3031 et seq.

(a) AMENDMENTS TO CHAPTER 303.—(1) Section 3015 is transferred to the end of chapter 305 and redesignated as section 3040. (2) Sections 3010, 3011, 3012, 3013, and 3014 are redesignated as sections 3011, 3012, 3013, 3014, and 3015, respectively. (3) Section 3016 is transferred within chapter 303 to appear after section 3017 and is redesignated as section 3018. (4) Section 3019 is transferred to chapter 305, inserted after section 3037, and redesignated as section 3038. (5) Chapter 303 is amended by striking out sections 3013, 3014, and 3015 (as redesignated by paragraph (2)) and inserting in lieu thereof the following: iISp

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 PUBLIC LAW 99-433—OCT. 1, 1986

100 STAT. 1035

"§ 3013. Secretary of the Army 10 USC 3013 "(a)(1) There is a Secretary of the Army, 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 Army. "(2) A person may not be appointed as Secretary of the Army within 10 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 Army is responsible for, and has the Ante, p. 1012. authority necessary to conduct, all affairs of the Department of the Army, 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 Army is also responsible to the Secretary of Defense for— "(1) the functioning and efficiency of the Department of the Army; "(2) the formulation of policies and programs by the Department of the Army 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 Army; "(4) carrying out the functions of the Department of the Army 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 Army and the other military departments and E^encies 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 Army 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 Army.

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 100 STAT. 1036 i

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Reports.

10 USC 3014.

PUBLIC LAW 99-433—OCT. 1, 1986

"(d) The Secretary of the Army 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 Army may make such recommendations to Congress relating to the Department of Defense as he considers appropriate. "(f) The Secretary of the Army may assign such of his functions, powers, and duties as he considers appropriate to the Under Secretary of the Army and to the Assistant Secretaries of the Army. Officers of the Army 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 Army may— "(1) assign, detail, and prescribe the duties of members of the Army and civilian personnel of the Department of the Army; "(2) change the title of any officer or activity of the Department of the Army not prescribed by law; and "(3) prescribe regulations to carry out his functions, powers, and duties under this title. "§ 3014. Office of the Secretary of the Army "(a) There is in the Department of the Army an Office of the Secretary of the Army. The function of the Office is to assist the Secretary of the Army in carrying out his responsibilities. "(b) The Office of the Secretary of the Army is composed of the following: "(1) The Under Secretary of the Army. -ixu. "(2) The Assistant Secretaries of the Army. "(3) The Administrative Assistant to the Secretary of the Army. "(4) The General Counsel of the Department of the Army. "(5) The Inspector General of the Army. "(6) The Army Reserve Forces Policy Committee. "(7) Such other offices and officials as may be established by law or as the Secretary of the Army may establish or designate. "(c)(1) The Office of the Secretary of the Army shall have sole responsibility within the Office of the Secretary and the Army Staff for the following functions: "(A) Acquisition. "(B) Auditing. 4.,i "(C) Comptroller (including financial management). "(D) Information management. "(E) Inspector General. "(F) Legislative affairs. "(G) Public affairs. "(2) The Secretary of the Army shall establish or designate a single office or other entity within the Office of the Secretary of the Army to conduct each function specified in paragraph (1). No office or other entity may be established or designated within the Army Staff to conduct any of the functions specified in paragraph (1). "(3) The Secretary shall prescribe the relationship of each office or other entity established or designated under paragraph (2) to the Chief of Staff and to the Army Staff and shall ensure that each such office or entity provides the Chief of Staff such staff support as the Chief of Staff considers necessary to perform his duties and responsibilities.

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 PUBLIC LAW 99-433—OCT. 1, 1986

100 STAT. 1037

"(4) The vesting in the Office of the Secretary of the Army 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 Army (including the Army Staff) from providing advice or assistance to the Chief of Staff 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 Army. "(d)(1) Subject to paragraph (2), the Office of the Secretary of the Army shall have sole responsibility within the Office of the Secretary and the Army Staff for the function of research and development. "(2) The Secretary of the Army may assign to the Army Staff responsibility for those aspects of the function of research and development that relate to military requirements and test and evaluation. "(8) The Secretary shall establish or designate a single office or other entity within the Office of the Secretary of the Army to conduct the function specified in paragraph (1). "(4) The Secretary shall prescribe the relationship of the office or other entity established or designated under paragraph (3) to the Chief of Staff of the Army and to the Army Staff and shall ensure that each such office or entity provides the Chief of Staff such staff support as the Chief of Staff considers necessary to perform his duties and responsibilities. "(e) The Secretary of the Army shall ensure that the Office of the Secretary of the Army and the Army Staff do not duplicate specific functions for which the Secretary has assigned responsibility to the other. "(f)(1) The total number of members of the armed forces and civilian employees of the Department of the Army assigned or detailed to permanent duty in the Office of the Secretary of the Army and on the Army Staff may not exceed 3,105. "(2) Not more than 1,865 officers of the Army on the active-duty list may be assigned or detailed to permanent duty in the Office of the Secretary of the Army and on the Army Staff. "(3) The total number of general officers assigned or detailed to permanent duty in the Office of the Secretary of the Army and on the Army Staff may not exceed the number equal to 85 percent of the number of general 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 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 Army or on the Army Staff. "(5) The limitations in paragraphs (1), (2), and (3) do not apply before October 1, 1988. "§ 3015. Under Secretary of the Army "(a) There is an Under Secretary of the Army, appointed from civilian life by the President, by and with the advice and consent of the Senate. "(b) The Under Secretary shall perform such duties and exercise such powers as the Secretary of the Army may prescribe.

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Effective date. 10 USC 3015.

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text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/1074

 100 STAT. 1038 10 USC 3016.

Ante, p. 1034.

PUBLIC LAW 99-433—OCT. 1, 1986

"§ 3016. Assistant Secretaries of the Army "(a) There are five Assistant Secretaries of the Army. They shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. "(b)(1) The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of the Army may prescribe. "(2) One of the Assistant Secretaries shall be the Assistant Secretary of the Army for Manpower and Reserve Affairs. He shall have as his principal duty the overall supervision of manpower and reserve component affairs of the Department of the Army. "(3) One of the Assistant Secretaries shall be the Assistant Secretary of the Army for Civil Works. He shall have as his principal duty the overall supervision of the functions of the Department of the Army relating to programs for conservation and development of the national water resources, including flood control, navigation, shore protection, and related purposes.". (6) Section 3017 is amended— ' u.^r^t... (A) by striking out "(a)" at the beginning of the text of such section; (B) by striking out clause (2) and inserting in lieu thereof the following: "(2) The Assistant Secretaries of the Army, in the order prescribed by the Secretary of the Army and approved by the Secretary of Defense."; and (C) by striking out subsection (b). (7) Chapter 303 is further amended by adding at the end the following new sections: "§ 3019. General Counsel "(a) There is a General Counsel of the Department of the Army, appointed from civilian life by the President. "(b) The General Counsel shall perform such functions as the Secretary of the Army may prescribe. --

atab ^/tS;.«*t! _ .ci-:':,-..,=

"§ 3020. Inspector General "(a) There is an Inspector General of the Army who shall be detailed to such position by the Secretary of the Army from the general officers of the Army. An officer may not be detailed to such position for a tour of duty of more than four years, except that the Secretary may extend such a tour of duty if he makes a special finding that the extension is necessary in the public interest. "(b) When directed by the Secretary or the Chief of Staff, the Inspector General shall— "(1) inquire into and report upon the discipline, efficiency, and economy of the Army; and • "(2) perform any other duties prescribed by the Secretary or the Chief of Staff "(c) The Inspector General shall periodically propose programs of inspections to the Secretary of the Army and shall recommend additional inspections and investigations as may appear appropriate. "(d) The Inspector General shall cooperate fully with the Inspector General of the Department of Defense in connection with the performance of any duty or function by the Inspector General of the Department of Defense under the Inspector General Act of 1978 (5 U.S.C. App. 3) regarding the Department of the Army. •. t aou^

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text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/1075

 PUBLIC LAW 99-433—OCT. 1, 1986

100 STAT. 1039

"(e) The Inspector General shall have such deputies and assistants as the Secretary of the Army may prescribe. Each such deputy and assistant shall be an officer detailed by the Secretary to that position from the officers of the Army for a tour of duty of not more than four years, under a procedure prescribed by the Secretary.". (8) Section 3033 is transferred to the end of chapter 303 (as amended by paragraph (7)), redesignated as section 3021, and amended— (A) in subsection (a)— (i) by striking out "office" and inserting in lieu thereof "Office"; (ii) by striking out "Committee which" and inserting in

lieu thereof "Committee. The Committee"; (iii) by inserting "and the mobilization preparedness" after "reserve components"; r-. (iv) by striking out "Army, and the" and inserting in lieu thereof "Army. The"; and t (v) by striking out "Chief of Staff and the Assistant Secretary responsible for reserve affairs" and inserting in lieu thereof "Secretary of the Army and the Chief of Staff"; (B) in subsection (h), by striking out "General" each place it appears; and (C) by striking out the section heading and inserting in lieu thereof the following: "§ 3021. Army Reserve Forces Policy Committee". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 303 is amended to read as follows: "Sec. "3011. Organization. "3012. Department of the Army: seal. "3013. Secretary of the Army. "3014. Office of the Secretary of the Army. "3015. Under Secretary of the Army. "3016. Assistant Secretaries of the Army. "3017. Secretary of the Army: successors to duties. "3018. Administrative Assistant. "3019. General Counsel. "3020. Inspector General. "3021. Army Reserve Forces Policy Committee.".

, ^'

. -: •-*

SEC. 502. THE ARMY STAFF

(a) COMPOSITION OF THE ARMY STAFF.—Section 3031 is amended to read as follows: "(a) There is in the executive part of the Department of the Army an Army Staff. The function of the Army Staff is to assist the Secretary of the Army in carrying out his responsibilities. "(b) The Army Staff is composed of the following: "(1) The Chief of Staff. "(2) The Vice Chief of Staff. "(3) The Deputy Chiefs of Staff. "(4) The Assistant Chiefs of Staff. "(5) The Chief of Engineers. "(6) The Surgeon General of the Army. "(7) The Judge Advocate General of the Army. "(8) The Chief of Chaplains of the Army. "(9) The Chief of Army Reserve.
 * •§ 3031. The Army Staff: function; composition

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text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/1076

 100 STAT. 1040

PUBLIC LAW 99-433—OCT. 1, 1986

>

10 USC 3032.

"(10) Other members of the Army assigned or detailed to the Army Staff. "(11) Civilian employees of the Department of the Army assigned or detailed to the Army Staff. "(c) Except as otherwise specifically prescribed by law, the Army Staff shall be organized in such manner, and its members shall perform such duties and have such titles, as the Secretary may prescribe.". (b) GENERAL DUTIES.—(1) Subsection (a) of section 3032 is amended by inserting "and to the Chief of Staff of the Army" before the period. (2) Subsection (b) of such section is amended— (A) by striking out "direction and control of the Secretary" in "authority, direction, and control of the Secretary of the Army"; (B) by inserting "subject to subsections (c) and (d) of section 3014 of this title,' before "prepare" in clause (1); (C) by striking out ", training, serving, mobilizing, and demobilizing" in clause (1) and inserting in lieu thereof "(including those aspects of research and development assigned by the Secretary of the Army), training, servicing, mobilizing, demobilizing, administering, and maintaining"; (D) by striking out "for military operations" in clause (2) and inserting in lieu thereof "to support military operations by combatant commands"; and (E) by striking out clause (4) and inserting in lieu thereof the following: "(4) as directed by the Secretary or the Chief of Staff, coordinate the action of organizations of the Army; and". (3) The heading of such section is amended to read as follows: "§ 3032. The Army Staff: general duties". (c) CHIEF OF STAFF.—Section 3034 is redesignated as section 3033 and is amended to read as follows:
 * « * the matter preceding clause (1) and inserting in lieu thereof

"§3033. Chief of Staff "(a)(1) There is a Chief of Staff of the Army, appointed for a period of four years by the President, by and with the advice and consent of the Senate, from the general officers of the Army. 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 Chief of Staff only if— "(A) the officer has had significant experience in joint duty iassignments; and "(B) such experience includes at least one joint duty assignment as a general officer. President of U.S. "(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 Staff, while so serving, has the grade of general without vacating his permanent grade. "(c) Except as otherwise prescribed by law and subject to section 3013(f) of this title, the Chief of Staff performs his duties under the authority, direction, and control of the Secretary of the Army and is directly responsible to the Secretary. .,

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text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/1077

 PUBLIC LAW 99-433—OCT. 1, 1986

100 STAT. 1041

"(d) Subject to the authority, direction, and control of the Secretary of the Army, the Chief of Staff shall— "(1) preside over the Army Staff; "(2) transmit the plans and recommendations of the Army Staff to the Secretary and advise the Secretary with regard to such plans and recommendations; Y "(3) after approval of the plans or recommendations of the Army Staff by the Secretary, act as the agent of the Secretary y 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 Ante, p. 1012. i and organizations of the Army 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 Army. "(e)(1) The Chief of Staff 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 Staff in the performance of his duties as a member of the Joint Chiefs of Staff, the Chief of Staff shall inform the Secretary regarding military advice rendered by members of the Joint Chiefs of Staff on matters affecting the Department of the Army. "(3) Subject to the authority, direction, and control of the Secretary of Defense, the Chief of Staff shall keep the Secretary of the Army fully informed of significant military operations affecting the duties and responsibilities of the Secretary.". (d) VICE CHIEF OF STAFF.—Section 3035 is redesignated as section 3034 and is amended— (1) by striking out subsections (a) and (b) and inserting in lieu thereof the following: "(a) There is a Vice Chief of Staff of the Army, appointed by the President, by and with the advice and consent of the Senate, from the general officers of the Army. "(b) The Vice Chief of Staff of the Army, while so serving, has the grade of general without vacating his permanent grade."; (2) by adding at the end the following new subsection: "(d) When there is a vacancy in the office of Chief of Staff or during the absence or disability of the Chief of Staff— "(1) the Vice Chief of Staff shall perform the duties of the Chief of Staff 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 Staff or the Vice Chief of Staff is absent or disabled, unless the ^' President directs otherwise, the most senior officer of the Army 3 in the Army Staff who is not absent or disabled and who is not restricted in performance of duty shall perform the duties of the Chief of Staff until a successor to the Chief of Staff or the Vice ^.^ Chief of Staff is appointed or until the absence or disability of the Chief of Staff or Vice Chief of Staff ceases, whichever occurs first"; and (3) by striking out the section heading and inserting in lieu thereof the following:
 * v

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text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/1078

 100 STAT. 1042 Ante, p. 1034.

10 USC 3035.

^.,,,,,.

PUBLIC LAW 99-433—OCT. 1, 1986

"§ 3034. Vice Chief of Staff'. (e) DEPUTY CHIEFS OF STAFF.—Chapter 305 is further amended by inserting after section 3034 (as redesignated by subsection (d) of this section) the following new section: "§ 3035. Deputy Chiefs of Staff and Assistant Chiefs of Staff "(a) The Deputy Chiefs of Staff and the Assistant Chiefs of Staff shall be general officers detailed to those positions. "(b) The number of Deputy Chiefs of Staff and Assistant Chiefs of Staff shall be prescribed by the Secretary, except that— "(1) there may not be more than five Deputy Chiefs of Staff;

••""• ' " ' ' " " ' "

Ante, p. 1034.

and

"(2) there may not be more than three Assistant Chiefs of Staff.". (f) REPEAL OF SECTION FOR PROVOST MARSHAL GENERAL.—(1) Section 3039 is repealed. (2) Section 3040 (relating to Deputy and Assistant Chiefs of Branches) is redesignated as section 3039 and is amended by striking out "sections 3036 and 3039" in subsection (a) and inserting in lieu thereof "section 3036". (3) Section 3081(a) is amended by striking out "section 3040" and inserting in lieu thereof "section 3039". (g) TECHNICAL AND CLERICAL AMENDMENTS.—(1) Section 3038 (as redesignated by section 501(a)(4) of this Act) is amended by striking out "services in subsection (c) and inserting in lieu thereof "service". (2) The table of sections at the beginning of chapter 305 is amended to read as follows: "Sec. "3031. The Army Staff: function; composition. "3032. The Army Staff: general duties. "3033. Chief of Staff. > -> - > • • • "3034. Vice Chief of Staff. "3035. Deputy Chiefs of Staff and Assistant Chiefs of Staff. "3036. Chiefs of branches: appointment; duties. "3037. Judge Advocate General, Assistant Judge Advocate General, and general officers of Judge Advocate General's Corps: appointment; duties. "3038. Office of Army Reserve: appointment of Chief. "3039. Deputy and assistant chiefs of branches. "3040. Chief of National Guard Bureau: appointment; acting chief.". SEC. 503. AUTHORITY TO ORGANIZE ARMY INTO COMMANDS, FORCES, AND ORGANIZATIONS

Section 3074(a) is amended by inserting "or by the Secretary of Defense" after "by law". P A R T B — DEPARTMENT OF THE N A V Y

SEC. 511. THE NAVY SECRETARIAT

10 USC 5061 et seg-

10 USC 5001 et seq.; post, pp.

(a) REPEAL OF SUPERSEDED CHAPTER.—Chapter 507 is repealed. (b) TRANSFER OF SECTIONS PROVIDING FOR COMPOSITION OF THE DEPARTMENT OF THE NAVY.—(1) Part I of subtitle C is amended by

inserting after chapter 505 the following new chapter 507:

1048, 1051.

6

f

&

f

"CHAPTER 507—COMPOSITION OF THE DEPARTMENT OF THE NAVY "Sec.

"5061. Department of the Navy: composition.

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"'.lio:'.... ^.^. • '

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text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/1079

 PUBLIC LAW 99-433—OCT. 1, 1986

100 STAT. 1043

"5062. United States Navy: composition; functions. "5063. United States Marine Corps: composition; functions.

"§ 5061. Department of the Navy: composition 10 USC 5061. "The Department of the Navy is composed of the following: "(1) The Office of the Secretary of the Navy. ' "(2) The Office of the Chief of Naval Operations. "(3) The Headquarters, Marine Corps. "(4) The entire operating forces, including naval aviation, of the Navy and of the Marine Corps, and the reserve components of those operating forces. i"(5) All field activities, headquarters, forces, bases, installations, activities, and functions under the control or supervision of the Secretary of the Navy. "(6) The Coast Guard when it is operating as a service in the Navy.". (2) Section 5011 is amended by striking out the third and fourth sentences. (3) Sections 5012 and 5013 are transferred to the end of chapter 507 (as added by paragraph (1)) and redesignated as sections 5062 and 5063, respectively. (4) Section 5062 (as so transferred and redesignated) is amended— (A) by striking out "assigned and is" in subsection (a) and all ^ that follows in that subsection and inserting in lieu thereof "assigned and, in accordance with integrated joint mobilization plans, for the expansion of the peacetime components of the Navy to meet the needs of war."; and (B) by striking out subsection (d). (c) REVISION OF NAVY SECRETARIAT SECTIONS.—Chapter 503 (as

amended by subsection (b)) is further amended as follows: (1) The heading of section 5011 is amended to read as follows: "§ 5011. Organization". (2) Such chapter is amended by adding after section 5011 the following new sections: "§ 5012. Department of the Navy: seal "The Secretary of the Navy shall have a seal for the Department of the Navy. The design of the seal must be approved by the President. Judicial notice shall be taken of the seal. "§ 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 10 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.
 * ,-ff: "(3) Supplying.

Ante, p. 1012.

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text:
Translation talk:Mishnah/Seder Nezikin/Tractate Bava Kamma/Chapter 1/1

I have fixed the English style issues and made the Mishnah more accessible to a general anglophone audience. I am only have way through the commentary section. I hope to finish it today.


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/1080

 100 STAT. 1044

PUBLIC LAW 99-433—OCT. 1, 1986

"(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, ' • • interests in real property necessary to carry out the responsibil* ities 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 ^i^' 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 jf 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 If Department of the Navy on the plans, programs, and policies of Bii. 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. 1 ii I, rAisk 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;
 * Ki structures, and utilities and the acquisition of real property and

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text:
Author:Abílio Manuel Guerra Junqueiro

Works

 * "The Digger: From the Portuguese of Guerra Junqueiro" Edgar Prestage. The Yellow Book, Volume 6 (1895)

title: Author:Abílio Manuel Guerra Junqueiro


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/1081

 PUBLIC LAW 99-433—OCT. 1, 1986

100 STAT. 1045

"(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.". (3) Section 5032 is transferred to the end of such chapter and redesignated as section 5013a. (4) Such chapter is further amended by adding after section 5013a (as transferred and redesignated by paragraph (3)) the following new sections: "§ 5014. Office of the Secretary of the Navy 10 USC 5014 "(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 X "(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

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text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/1082

 100 STAT. 1046

PUBLIC LAW 99-433—OCT. 1, 1986

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. "(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 "(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 Congress. President of U.S. 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.
 * M„., r fi development.

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text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/1083

 PUBLIC LAW 99-433—OCT. 1, 1986

100 STAT. 1047

"(5) The limitations in paragraphs (1), (2), and (3) do not apply Effective date. before October 1, 1988. "§ 5015. Under Secretary of the Navy 10 USC 5015. "(a) There is an Under Secretary of the Navy, appointed from civilian life by the President, by and with the advice and consent of the Senate. CMJU "(\)) The Under Secretary shall perform such duties and exercise such powers as the Secretary of the Navy may prescribe. "§ 5016. Assistant Secretaries of the Navy "(a) There are four Assistant Secretaries of the Navy. They shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. "(b)(1) The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of the Navy may prescribe. "(2) One of the Assistant Secretaries shall be the Assistant Secretary of the Navy for Manpower and Reserve Affairs. He shall have as his principal duty the overall supervision of manpower and reserve component affairs of the Department of the Navy. "§ 5017. Secretary of the Navy: successors to duties "If the Secretary of the Navy dies, resigns, is removed from office, is absent, or is disabled, the person who is highest on the following list, and who is not absent or disabled, shall perform the duties of the Secretary until the President, under section 3347 of title 5, directs another person to perform those duties or until the absence or disability ceases: "(1) The Under Secretary of the Navy. "(2) The Assistant Secretaries of the Navy, in the order prescribed by the Secretary of the Navy and approved by the g Secretary of Defense. 4; "(3) The Chief of Naval Operations. "(4) The Commandant of the Marine Corps. .^uo "§ 5018. Administrative Assistant "The Secretary of the Navy may appoint an Administrative Assistant in the Office of the Secretary of the Navy. The Administrative Assistant shall perform such duties as the Secretary may prescribe. "§ 5019. General Counsel "(a) There is a General Counsel of the Department of the Navy, appointed from civilian life by the President. Secretary of the Navy may prescribe.", (5) Section 5088 is transferred to the end of such chapter (as Z amended by paragraph (4)), redesignated as section 5020, and amended— K (A) by striking out "Office of the Chief of Naval Operations" in subsection (a) and inserting in lieu thereof »' "Office of the Secretary of the Navy"; (B) by redesignating subsection (c) as subsection (d) and striking out "the Chief of Naval Operations" in such subsection and inserting in lieu thereof "the Secretary of the Navy"; and
 * (b) The General Counsel shall perform such functions as the

01

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text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/1084

 100 STAT. 1048 . ji *^ jvi.: > •'

10 USC 5131 et seq. Post, p. 1055. 10 USC 5031 et seq.

''

PUBLIC LAW 99-433—OCT. 1, 1986

(C) by inserting after subsection (b) the following new subsection (c): "(c) The Naval Inspector General shall cooperate fully with the Inspector General of the Department of Defense in connection with the performance of any duty or function by the Inspector General of the Department of Defense under the Inspector General Act of 1978 (5 U.S.C. App. 3) regarding the Department of the Navy.". id) TRANSFERS FROM CHAPTER 513.—Sections 5150, 5151, 5152, and 5153 are transferred to the end of chapter 503 (as amended by subsection (c)) and redesignated as sections 5021, 5022, 5023, and 5024, respectively. (e) REPEAL OF SUPERSEDED CHAPTER.—Chapter 505 is repealed. (f) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 503 is amended to read as follows: "Sec. "5011. Organization. "5012. Department of the Navy: seal. "5013. Secretary of the Navy. "5013a. Secretary of the Navy: powers with respect to Coast Guard. "5014. Office of the Secretary of the Navy. "5015. Under Secretary of the Navy. ^_ _ ...^n "5016. Assistant Secretaries of the Navy. . - J • > •> "5017. Secretary of the Navy: successors to duties. ^._, "5018. Administrative Assistant. ' ' "' "5019. General Counsel. "5020. Naval Inspector General: detail; duties. "5021. Office of Naval Research: Chief; appointment, term, emoluments; Assistant Chief; succession to duties. "5022. Office of Naval Research: duties. "5023. Office of Naval Research: appropriations; time limit. "5024. Naval Research Advisory Committee.".

SEC. 512. OFFICE OF THE CHIEF OF NAVAL OPERATIONS 10 USC 5081 et

seq. Ante, p. 1042; post, p. 1051.

(a) REPEAL OF FORMER CHAPTER ON OFFICE OF CNO.—Chapter 509

is repealed. (b) NEW CHAPTER ON OFFICE OF CNO.—Part I of Subtitle C is amended by inserting after chapter 503 the following new chapter

505:

"CHAPTER 505—OFFICE OF THE CHIEF OF NAVAL OPERATIONS "Sec. "5031. Office of the Chief of Naval Operations: function; composition. "5032. Office of the Chief of Naval Operations: general duties. "5033. Chief of Naval Operations. "5034. Chief of Naval Operations: retirement. ',j^ i-j i "5035. Vice Chief of Naval Operations. "5036. Deputy Chiefs of Naval Operations. r -1-. • T. ' <ix, "5037. Assistant Chiefs of Naval Operations.

10 USC 5031.

»•. "!<; n ' • ' -

"§ 5031. 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.

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100 STAT. 1049

"(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. "§ 5032. Office of the Chief of Naval Operations: general duties 10 USC 5032. "(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 section 5014 of this title, prepare for such employment of the Navy, and for such ,,.ni recruiting, organizing, supplying, equipping (including those aspects of research and development assigned by the Secretary of the Navy), training, servicing, mobilizing, demobilizing, administering, and maintaining of the Navy, as will assist in rr 08 j o: the execution of any power, duty, or function of the Secretary or the Chief of Naval Operations; "(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 ap' •* ^ proved 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. "§ 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 joint duty assignment as a flag officer.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1086

 100 STAT. 1050

PUBLIC LAW 99-433—OCT. 1, 1986

President of U.S.

"(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— S)-tj fc ^,•; "(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 comAnte, p. 1012. mands 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 10 USC 171. 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 Ante, p. 1005. 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. "§ 5034. Chief of Naval Operations: retirement "An officer who is retired while serving as Chief of Naval Operations, or who, after serving at least two and one-half years as Chief of Naval Operations, is retired after completion of that service while serving in a lower grade than admiral, may, in the discretion of the President, be retired with the grade of admiral. "§ 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.

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100 STAT. 1051

"(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.

.T

"§ 5036. Deputy Chiefs of Naval Operations "(a) There are in the Office of the Chief of Naval Operations not more than five Deputy Chiefs of Naval Operations, detailed by the Secretary of the Navy from officers on the active-duty list in the line of the Navy serving in grades above captain. "(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. "§ 5037. Assistant Chiefs of Naval Operations "(a) There are in the Office of the Chief of Naval Operations not more than three Assistant Chiefs of Naval Operations, detailed by the Secretary of the Navy from officers on the active-duty list in the line of the Navy and officers on the active-duty list of the Marine Corps. "(b) The Assistant Chiefs of Naval Operations shall perform such duties as the Secretary of the Navy prescribes.". SEC. 513. HEADQUARTERS, MARINE CORPS (a)

REPEAL OF FORMER CHAPTER ON HEADQUARTERS, MARINE

CORPS.—Chapter 515 is repealed. lo use 520i et (b) NEW CHAPTER.—Part I of subtitle C is amended by inserting seq. after chapter 505 (as added by section 512 of this Act) the following Ante, p. 1042. new chapter: "CHAPTER 506—HEADQUARTERS, MARINE CORPS "Sec. "5041. Headquarters, Marine Corps: function; composition.

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 100 STAT. 1052

PUBLIC LAW 99-433—OCT. 1, 1986

"5042. Headquarters, Marine Corps: general duties. "5043. Commandant of the Marine Corps. "5044. Assistant Commandant of the Marine Corps. "5045. Chief of Staff; Deputy and Assistant Chiefs of Staff.

10 USC 5041.

""'

"^

"§ 5041. Headquarters, Marine Corps: function; composition "(a) There is in the executive part of the Department of the Navy a Headquarters, Marine Corps. The function of the Headquarters, Marine Corps, is to assist the Secretary of the Navy in carrying out his responsibilities. "(b) The Headquarters, Marine Corps, is composed of the following: "(1) The Commandant of the Marine Corps. "(2) The Assistant Commandant of the Marine Corps. "(3) The Chief of Staff of the Marine Corps. "(4) The Deputy Chiefs of Staff. "(5) The Assistant Chiefs of Staff. "(6) Other members of the Navy and Marine Corps assigned or detailed to the Headquarters, Marine Corps. "(7) Civilian employees in the Department of the Navy assigned or detailed to the Headquarters, Marine Corps. "(c) Except as otherwise specifically prescribed by law, the Headquarters, Marine Corps, shall be organized in such manner, and its members shall perform such duties and have such titles, as the Secretary may prescribe.

'

"§ 5042. Headquarters, Marine Corps: general duties "(a) The Headquarters, Marine Corps, shall furnish professional assistance to the Secretary, the Under Secretary, and the Assistant Secretaries of the Navy and to the Commandant of the Marine Corps. "(b) Under the authority, direction, and control of the Secretary of the Navy, the Headquarters, Marine Corps, shall— "(1) subject to subsections (c) and (d) of section 5014 of this title, prepare for such employment of the Marine Corps, and for such recruiting, organizing, supplying, equipping (including research and development), training, servicing, mobilizing, demobilizing, administering, and maintaining of the Marine Corps, as will assist in the execution of any power, duty, or function of the Secretary or the Commandant; "(2) investigate and report upon the efficiency of the Marine Corps and its preparation to support military operations by combatant commanders; "(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 Commandant, coordinate the action of organizations of the Marine Corps; and "(5) perform such other duties, not otherwise assigned by law, as may be prescribed by the Secretary. "§ 5043. Commandant of the Marine Corps "(a)(1) There is a Commandant of the Marine Corps, appointed by the President, by and with the advice and consent of the Senate. The Commandant shall be appointed for a term of four years from officers on the active-duty list of the Marine Corps not below the grade of colonel. He serves at the pleasure of the President. In time , ^-iiij J. -.'^J >

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 PUBLIC LAW 99-433—OCT. 1, 1986

100 STAT. 1053

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 Commandant of the Marine Corps only if^ "(A) the officer has had significant experience in joint duty assignments; and j "(B) such experience includes at least one joint duty assignment as a general 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 Commandant of the Marine Corps, while so serving, has the grade of general without vacating his permanent grade. "(c) An officer who is retired while serving as Commandant of the Marine Corps, or who, after serving at least two and one-half years as Commandant, is retired after completion of that service while serving in a lower grade than general, may, in the discretion of the President, be retired with the grade of general. "(d) Except as otherwise prescribed by law and subject to section 5013(f) of this title, the Commandant performs his duties under the authority, direction, and control of the Secretary of the Navy and is directly responsible to the Secretary. "(e) Subject to the authority, direction, and control of the Secretary of the Navy, the Commandant shall— "(1) preside over the Headquarters, Marine Corps; "(2) transmit the plans and recommendations of the Headl quarters, Marine Corps, to the Secretary and advise the Secretary with regard to such plans and recommendations; "(3) after approval of the plans or recommendations of the Headquarters, Marine Corps, 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 comr mands under chapter 6 of this title, over such of the members and organizations of the Marine Corps and the Navy as the Secretary determines; "(5) perform the duties prescribed for him by section 171 of I 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. "(f)(1) The Commandant 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 Commandant in the performance of his duties as a member of the Joint Chiefs of Staff, the Commandant 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 Commandant shall keep the Secretary of the Navy fully informed of significant military operations affecting the duties and responsibilities of the Secretary.

President of U.S.

Ante, p. 1012.

Ante, p. 1005.

iP-

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 100 STAT. 1054

PUBLIC LAW 99-433—OCT. 1, 1986

10 USC 5044.

"§ 5044. Assistant Commandant of the Marine Corps "(a) There is an Assistant Commandant of the Marine Corps, appointed by the President, by and with the advice and consent of the Senate, from officers on the active-duty list of the Marine Corps not restricted in the performance of duty. "(b) The Assistant Commandant of the Marine Corps, while so serving, has the grade of general without vacating his permanent grade. v.:.j--»-'-"(c) The Assistant Commandant has such authority and duties with respect to the Marine Corps as the Commandant, with the approval of the Secretary of the Navy, may delegate to or prescribe for him. Orders issued by the Assistant Commandant in performing such duties have the same effect as those issued by the Commandant. "(d) When there is a vacancy in the office of Commandant of the Marine Corps, or during the absence or disability of the Commandant— "(1) the Assistant Commandant of the Marine Corps shall perform the duties of the Commandant until a successor is appointed or the absence or disability ceases; or "(2) if there is a vacancy in the office of the Assistant Commandant of the Marine Corps or the Assistant Commandant is absent or disabled, unless the President directs otherwise, the -t»< most senior officer of the Marine Corps in the Headquarters, Marine Corps, who is not absent or disabled and who is not restricted in performance of duty shall perform the duties of the ^^' Commandant until a successor to the Commandant or the '* Assistant Commandant is appointed or until the absence or disability of the Commandant or Assistant Commandant ceases, whichever occurs first.

.i 1)1 q jiiiih

"§ 5045. Chief of Staff; Deputy and Assistant Chiefs of Staff "There are in the Headquarters, Marine Corps, a Chief of Staff, not more than five Deputy Chiefs of Staff, and not more than three Assistant Chiefs of Staff, detailed by the Secretary of the Navy from officers on the active-duty list of the Marine Corps.". SEC. 514. TECHNICAL AND CLERICAL AMENDMENTS

(a) CONFORMING AMENDMENTS TO CHAPTER 513.—(1) The heading

of chapter 513 is amended to read as follows:

^" "CHAPTER 513—BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL". f: »\Rc

10 USC 7861 et

seq-

(2) Section 5155 is redesignated as section 5150. (3) rpj^g table of sections at the beginning of such chapter is amended— (A) by striking out the items relating to sections 5150, 5151, 5152, and 5153; and (B) by redesignating the item relating to section 5155 to conform to the redesignation made by paragraph (2). Qo) TECHNICAL AMENDMENTS TO CHAPTER 6 6 1. — Chapter 661 i s

amended— (1) by redesignating sections 7861 and 7862 as sections 7862 rftij and 7863, respectively; and (2) by striking out the table of sections at the beginning of such chapter and inserting in lieu thereof the following:

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 PUBLIC LAW 99-433—OCT. 1, 1986

100 STAT. 1055

"Sec. "7861. Custody of departmental records and property. "7862. Accounts of paymasters of lost or captured naval vessels. "7863. Disbursements by order of commanding officer.

"§ 7861. Custody of departmental records and property "The Secretary of the Navy has custody and charge of all books, records, papers, furniture, fixtures, and other property under the lawful control of the executive part of the Department of the Navy.". (c) CROSS-REFERENCE AMENDMENTS.—(1) Section 125(b) is amended by striking out "5012, 5013" and inserting in lieu thereof "5062, 5063". (2) Section 5023 (as redesignated by section 511(d) of this Act) is amended by striking out "section 5151" in subsection (a) and inserting in lieu thereof "section 5022". (3) Sections 5589(a) and 6027 are amended by striking out "section 5155(b)" and inserting in lieu thereof "section 5150(b)". (d) CLERICAL AMENDMENTS.—(1) The tables of chapters at the beginning of subtitle C, and at the beginning of part I of such subtitle, are each amended by striking out the items relating to chapters 505, 507, 509, 513, and 515 and inserting in lieu thereof the following: "i>05. Office of the Chief of Naval Operations "506. Headquarters, Marine Corps "507. Composition of the Department of the Navy "513. Bureaus; Office of the Judge Advocate General

10 USC 7861.

Ante, p. 996.

5031 5041 5061 5131".

(2) Subsection (c) of section 5024 (as redesignated by section 511(d) of this Act) is amended by striking out "claim proceeding" and inserting in lieu thereof "claim, proceeding,". PART C—DEPARTMENT OF THE AIR FORCE SEC. 521. THE AIR FORCE SECRETARIAT

(a) AMENDMENTS TO CHAPTER 803.—(1) Sections 8010, 8011, 8012,

8013, and 8014 are redesignated as sections 8011, 8012, 8013, 8014, and 8015, respectively. (2) Section 8019 is transferred to the end of chapter 805 and is redesignated as section 8038. (3) Chapter 803 is amended by striking out sections 8013, 8014, and 8015 (as redesignated by paragraph (1)) and inserting in lieu thereof the following: "§ 8013. Secretary of the Air Force "(a)(1) There is a Secretary of the Air Force, 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 Air Force. "(2) A person may not be appointed as Secretary of the Air Force within 10 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 Air Force is responsible for, and has the authority necessary to conduct, all affairs of the Department of the Air Force, including the following functions:

lo USC 8010 et

seq. 10 USC 8031 et s^?.; post, p. l^^^.

Ante, p. 1012.

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 100 STAT. 1056

PUBLIC LAW 99-433—OCT. 1, 1986

"(1) Recruiting. "(2) Organizing. ' "(3) Supplying. "(4) Equipping (including research and development). "(5) Training. jBT>::.Mn "(6) Servicing. '• <»^ "'•••:} % • • n.. - "(7) Mobilizing. "(8) Demobilizing. "(9) Administering (including the morale and welfare of personnel). >,,,.i "(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 Air Force is also responsible to the Secretary of Defense for— "(1) the functioning and efficiency of the Department of the Air Force; "(2) the formulation of policies and programs by the Department of the Air Force 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 Air Force; "(4) carrying out the functions of the Department of the Air Force 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 Air Force and the other military departments and agencies of the Department of Defense to provide for more effective, efficient, and economical administration and to ' t^'!^ ^'^^, eliminate duplication; ' *.;: ^ . "(6) the presentation and justification of the positions of the ^' Department of the Air Force 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 Air Force. "(d) The Secretary of the Air Force 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 Air Force may make such recommendations to Congress relating to the Department of Defense as he considers appropriate. "(f) The Secretary of the Air Force may assign such of his functions, powers, and duties as he considers appropriate to the Under Secretary of the Air Force and to the Assistant Secretaries of the Air Force. Officers of the Air Force shall, as directed by the SecLIOI.(},,>Vnf. retary, report on any matter to the Secretary, the Under Secretary, or any Assistant Secretary. "(g) The Secretary of the Air Force may—

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 PUBLIC LAW 99-433—OCT. 1, 1986 £;

100 STAT. 1057

"(1) assign, detail, and prescribe the duties of members of the Air Force and civilian personnel of the Department of the Air Force; "(2) change the title of any officer or activity of the Department of the Air Force not prescribed by law; and "(3) prescribe regulations to carry out his functions, powers, and duties under this title.

"§ 8014. Office of the Secretary of the Air Force 10 USC 8014. "(a) There is in the Department of the Air Force an Office of the Secretary of the Air Force. The function of the Office is to assist the Secretary of the Air Force in carrying out his responsibilities. "(b) The Office of the Secretary of the Air Force is composed of the following: "(1) The Under Secretary of the Air Force. "(2) The Assistant Secretaries of the Air Force. "(3) The General Counsel of the Department of the Air Force. •«, "(4) The Inspector General of the Air Force. "(5) The Air Reserve Forces Policy Committee. J "(6) Such other offices and officials as may be established by law or as the Secretary of the Air Force may establish or designate. "(c)(1) The Office of the Secretary of the Air Force shall have sole responsibility within the Office of the Secretary and the Air Staff for the following functions: "(A) Acquisition. "(B) Auditing. o "(C) Comptroller (including financial management). "(D) Information management. "(E) Inspector General. "(F) Legislative affairs. "(G) Public affairs. "(2) The Secretary of the Air Force shall establish or designate a single office or other entity within the Office of the Secretary of the Air Force to conduct each function specified in paragraph (1). No office or other entity may be established or designated within the Air Staff to conduct any of the functions specified in paragraph (1). ^ "(3) The Secretary shall prescribe the relationship of each office or other entity established or designated under paragraph (2) to the Chief of Staff and to the Air Staff and shall ensure that each such office or entity provides the Chief of Staff such staff support as the Chief of Staff considers necessary to perform his duties and responsibilities. "(4) The vesting in the Office of the Secretary of the Air Force 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 Air Force (including the Air StafO from providing advice or assistance to the Chief of Staff 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 Air Force. "(d)(1) Subject to paragraph (2), the Office of the Secretary of the Air Force shall have sole responsibility within the Office of the Secretary and the Air Staff for the function of research and development. "(2) The Secretary of the Air Force may assign to the Air Staff responsibility for those aspects of the function of research and

V 1 _ 1 0 /. n _ «Q _

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