10 U.S.C. § 8013: Secretary of the Navy

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 shall, to the greatest extent practicable, be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management or leadership experience. The Secretary is the head of the Department of the Navy. A person may not be appointed as Secretary of the Navy within seven years after relief from active duty as a commissioned officer of a regular component of an armed force. Recruiting. Organizing. Supplying. Equipping (including research and development). Training. Servicing. Mobilizing. Demobilizing. Administering (including the morale and welfare of personnel). Maintaining. The construction, outfitting, and repair of military equipment. 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. the functioning and efficiency of the Department of the Navy; 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; 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; carrying out the functions of the Department of the Navy so as to fulfill the current and future operational requirements of the unified and specified combatant commands; effective cooperation and coordination between the Department of the Navy and the other military departments and agencies of the Department of Defense to provide for more effective, efficient, and economical administration and to eliminate duplication; the presentation and justification of the positions of the Department of the Navy on the plans, programs, and policies of the Department of Defense; and the effective supervision and control of the intelligence activities of the Department of the Navy. 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. 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. The Secretary of the Navy may assign such of his functions, powers, and duties as he considers appropriate to the Under Secretary of the Navy and to the Assistant Secretaries of the Navy. Officers of the Navy and the Marine Corps shall, as directed by the Secretary, report on any matter to the Secretary, the Under Secretary, or any Assistant Secretary. assign, detail, and prescribe the duties of members of the Navy and Marine Corps and civilian personnel of the Department of the Navy; change the title of any officer or activity of the Department of the Navy not prescribed by law; and prescribe regulations to carry out his functions, powers, and duties under this title. In the budget justification materials submitted to Congress in support of the Department of the Defense budget for fiscal year 2027 and each fiscal year thereafter (as submitted with the budget of the President under section 1105(a) of title 31 , United States Code), the Secretary of the Navy shall include information on the costs of spare parts and repair parts for amphibious warfare ships in the materials for other procurement, Navy. In this section, the term ‘amphibious warfare ship’ has the meaning given that term in section 8062(h) of title 10 , United States Code.” Not later than 180 days after the date of the enactment of this Act [ Dec. 23, 2024 ], the Secretary of the Navy shall designate an appropriate official within the Department of the Navy to have primary responsibility for the development and acquisition of surface and underwater dual-modality, advanced autonomous vehicles, consistent with warfighter requirements. The Secretary of the Navy shall ensure, within budget program elements for the Navy, that there is a dedicated program element for the development and acquisition of surface and underwater dual-modality, advanced autonomous vehicles.” Beginning not later than 90 days after the date of the enactment of this Act [ Dec. 23, 2024 ], the Secretary of the Navy shall carry out a pilot program on the use of automated inspection technologies at shipyards. The Secretary shall select one shipyard at which to carry out the pilot program required under subsection (a) and shall take such steps as may be necessary to minimize the disruption to the operations of the shipyard during the conduct of the pilot program. select at least one surface ship as a test platform to collect a comprehensive set of inspection criteria used for defining maintenance requirements; define requirements for the upgrade or overhaul of the information technology infrastructure at the shipyard to ensure compatibility with new technologies implemented under the pilot program; provide for the training of personnel on the operation and maintenance of the automated inspection technologies selected for use during the pilot program; designate an individual who shall be responsible for implementing and overseeing each phase of the pilot program; and recommend a strategic sequencing plan of the pilot program to ensure the execution of necessary information technology upgrades prior to the deployment of robotic systems. Not later than 180 days after the termination of the pilot program under subsection (e), the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the results of the pilot program. Upon completion of the sequencing plan required under subsection (c)(5), the Secretary shall provide to the congressional defense committees a briefing on the plan. The authority to carry out a pilot program under this section shall terminate on the date that is three years after the date of the enactment of this Act.” establish a separate, dedicated program element for the development of a nuclear-armed, sea-launched cruise missile within the budget program elements for Navy Strategic Systems Programs; and ensure that Navy activities in support of such development are executed within such program element.” The Secretary of the Navy shall cease all activities of the digital ambassador program of the Office of Information of the Department of the Navy. The Secretary shall notify each individual designated as a digital ambassador of such cessation and that the individual is not authorized to act as a digital ambassador of the Navy. All policies and documents of the program. The number of digital ambassadors designated. The process and criteria for such designation. The duties of a digital ambassador. The online platforms (including social media) on which an individual is authorized under such program to perform duties of a digital ambassador. The determination of the Secretary that such program complies with applicable laws, regulations, and guidance.” have applicablity [sic] to the job-related functions of such personnel; and may have applicability in the civilian sector. expand outreach to covered personnel regarding the availability of patent-related training, legal assistance, and other support for personnel interested in developing patentable inventions; expand the availability of patent-related training to covered personnel, including by making such training available online; seek and receive support for the development of patentable inventions; and receive a portion of any royalty or other payment as an inventor or coinventor such as may be due under section 14(a)(1)(A)(i) of the Stevension-Wylder [sic; probably should be “Stevenson-Wydler”] Technology Innovation Act of 1980 ( 15 U.S.C. 3710c(a)(1)(A)(i) ); and carry out other such activities as the Secretary determines appropriate in accordance with the purposes of the pilot program. The authority to carry out the pilot program under subsection (a) shall terminate three years after the date of the enactment of this Act [ Dec. 23, 2022 ]. The term ‘covered personnel’ means members of the Navy and Marine Corps and civilian employees of the Department of the Navy, including members and employees whose primary duties do not involve research and development. The term ‘patentable invention’ means an invention that is patentable under title 35, United States Code.” Not later than 180 days after the date of the enactment of this Act [ Dec. 23, 2023 ], the Secretary of the Navy, in coordination with the Chief of Naval Operations, shall establish a cyber warfare operations designator for officers (including an intended billet base, functions, and training pipeline), which shall be a separate designator from the cryptologic warfare officer designator. Not later than 90 days after the date of the enactment of this Act, the Secretary, in coordination with the Chief, shall establish a cyber warfare rating for enlisted personnel (including an intended billet base, functions, and training pipeline), which shall be a separate rating from the cryptologic technician enlisted rating. Not later than 90 days after the date of the enactment of this Act, the Secretary, in coordination with the Chief, shall submit to the Committees on Armed Services of the House of Representatives and the Senate an implementation plan to carry out paragraphs (1) and (2). Except as provided by paragraphs (2) and (3), the Secretary shall ensure that, beginning October 1, 2025 , members of the Navy assigned to the cyber mission force shall be qualified with either the designator or rating established under subsection (a), as the case may be. a member of the Navy who is assigned to the cyber mission force under orders issued before October 1, 2025 ; or a position whose primary function is the provision of intelligence, foreign language, or administrative support to the cyber mission force. The Secretary may waive, on a case-by-case basis, the requirement under paragraph (1), except that the total number of such waivers made during a fiscal year may not exceed 10 percent of the total number of members of the Navy assigned to the cyber mission force (not counting members assigned to a position described in paragraph (2)(B)). Not later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with the Chief, shall direct the Chief of Navy Reserve to establish, and retain, a cadre of members of the Navy Reserve with the designator and rating established under subsection (a). The Secretary, in coordination with the Chief of Naval Operations and in consultation with the Commander of the United States Cyber Command, shall ensure that the designator established under subsection (a)(1) includes the development and execution of a training curriculum and qualification standards commensurate with those of the cyber officers of the Army and the Air Force. Not later than 270 days after the date of the enactment of this Act, the Secretary, acting through the Principal Cyber Advisor of the Navy, shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], and provide to such committees a briefing on, the findings of a study on whether the designator and rating established under subsection (a), along with the Maritime Space Officer and the Cyberspace Warfare Engineer, should continue to be considered part of the information warfare community. An identification by the Chief of Naval Operations of the resource manager within the Office of the Chief of Naval Operations for the designator and rating established under subsection (a). An identification by the Chief of the type command at United States Fleet Forces Command responsible for manning and training the designator and rating established under subsection (a). An inventory of those billets within the Cyber Mission Force, or any other service or joint assignment that requires personnel (both officer and enlisted) to conduct operations through cyberspace. An inventory and position description of the those positions within the Cyber Mission Force that have been identified under subsection (b)(2)(B). A funding profile detailing the complete costs associated with the designator and rating established under subsection (a), including costs associated with meeting the training requirements of the United States Cyber Command for the period covered by the most recent future-years defense program submitted to Congress under section 221 of title 10 , United States Code. the United States Cyber Command; the Fleet Cyber Command; Joint Forces Headquarters-Cyber, Navy; 10th Fleet; the Deputy Chief of Naval Operations for Information Warfare and the Director of Naval Intelligence; and Naval Information Forces. An update to the plan required under subsection (a)(3), including timelines and procedures, for filling the positions within the cyber mission force for which the Secretary is responsible. Any anticipated changes to the end-strength of the Navy by reason of establishing the designator and rating under subsection (a). The implementation of the designator and rating established under subsection (a) within the Navy Reserve. The development and execution of the training curriculum and qualification standards under subsection (d). The Secretary shall ensure that flag officers with the cyber warfare operations designator established under subsection (a) are primarily employed in billets identified under subsection (f)(6). Not later than 60 days after the date on which the Secretary submits the report under subsection (f), the Commander of the United States Cyber Command shall submit to the Committees on Armed Services of the House of Representatives and Senate a determination with respect to whether the matters contained in the report satisfy the requirements of the United States Cyber Command.” update the relevant methodologies used to conduct cost sensitivity, risk, and uncertainty analyses throughout the project design process; document the use of different methods to validate high-value cost elements for projects under the Shipyard Infrastructure Optimization Program; and adhere to best practices for the development of construction schedules. the replacement of dry dock 1 at Portsmouth Naval Shipyard; the replacement of dry dock 3 at Pearl Harbor Naval Shipyard; and any other project of the Navy under the Shipyard Infrastructure Optimization Program. The Secretary shall implement measures to ensure more extensive planning on military construction projects under the Shipyard Infrastructure Optimization Program for which the Secretary has obligated more than $500,000,000 to more accurately identify operational mission need dates. dry dock 1 at Portsmouth Naval Shipyard; and dry dock 3 at Pearl Harbor Naval Shipyard. A summary of the steps the Secretary is taking to ensure the costs of the projects specified in such paragraph do not increase. An assessment by the Secretary as of the date of the briefing of the likelihood of future cost overruns for each such project. Any other details the Secretary determines relevant to support the oversight by Congress of each such project and other projects under the Shipyard Infrastructure Optimization Program.” develop metrics for assessing progress of the Secretary toward improved shipyard capacity and performance in carrying out the Shipyard Infrastructure Optimization Plan of the Navy, including by measuring the effectiveness of capital investments; includes all costs, such as inflation, program office activities, utilities, roads, environmental remediation, historic preservation, and alternative workspace when developing a detailed cost estimate; and a program baseline; a work breakdown structure; a description of the methodology and key assumptions; a consideration of inflation; a full assessment of risk and uncertainty; and a sensitivity analysis; and obtain independent cost estimates for projects under the shipyard optimization program that are estimated to exceed $250,000,000, to validate the cost estimates of the Navy developed for such projects pursuant to paragraph (2) and inform the prioritization of projects under such program. the current progress of the Secretary toward implementing those requirements; any hindrance to implementing those requirements; and any additional resources necessary to implement those requirements.” Not later than September 30, 2022 , the Secretary of the Navy shall submit to the congressional defense committees [Committee on Armed Services and Committee on Appropriations of the Senate and House of Representatives] an update to the plan of the Secretary for implementation of the Shipyard Infrastructure Optimization Program of the Department of the Navy, with the objective of providing increased transparency for the actual costs and schedules associated with infrastructure optimization activities for shipyards covered by such program. The updated plan required under paragraph (1) shall include updated cost estimates comprising the most recent costs of capital improvement projects for each of the four public shipyards covered by the Shipyard Infrastructure Optimization Program. Before the start of physical construction with respect to a covered project, the Secretary of the Navy or a designee of the Secretary shall brief each of the congressional defense committees on such project, regardless of the source of funding for such project. meets the standards of the Association for the Advancement of Cost Engineering for a Level 1 or Level 2 cost estimate; or is an independent cost estimate. A schedule for such project that is comprehensive, well-constructed, credible, and controlled pursuant to the Schedule Assessment Guide: Best Practices for Project Schedules (GAO–16–89G) set forth by the Comptroller General of the United States in December 2015, or successor guide. An estimate of the likelihood that programmed and planned funds for such project will be sufficient for the completion of the project. A timeline for the completion of such project, including construction dates and dates of planned maintenance at each shipyard under such project. Contingency maintenance plans if such project is delayed, including any backup location for maintenance availabilities determined by the Chief Naval Officer and any resulting alteration in plans or schedules for maintenance. The effect on public shipyards should a delay to such project result in the implementation of a contingency plan pursuant to clause (ii), including the effect on the workforce and workload capacity at the public shipyard with respect to which such project is conducted. A cost-benefit analysis of the potential for private shipyards to assist with such workload should such project be delayed, including an identification of any gaps in the capability of private shipyards to conduct the maintenance described in clause (ii). An assessment of whether greater flexibilities in authorities are necessary to better support fleet maintenance needs and the Shipyard Infrastructure Optimization Program. with a contract awarded on or after October 1, 2024 ; and valued at $250,000,000 or more. Not later than December 31, 2022 , and not later than December 31 of each year thereafter, the Commander of the Naval Sea Systems Command, in coordination with the Program Manager Ships 555, shall submit to the congressional defense committees a report detailing the use by the Department of the Navy of funding for all efforts associated with the Shipyard Infrastructure Optimization Program, including the use of amounts made available by law to support the projects identified in the plan to implement such program, including any update to such plan under subsection (a). for the plan to implement the Shipyard Optimization Program, including any update to such plan under subsection (a), and the incorporation of digital infrastructure (including hardware, software, and cloud storage) and platforms into such program; and for each dry dock, major facility, and infrastructure project valued at $250,000,000 or more under such program. the progress of the Secretary in completing the first annual report required under such program; and the cost and schedule estimates for full implementation of such program. An assessment of the extent to which the cost estimate for the updated optimization plan for the Shipyard Infrastructure Optimization Program is consistent with leading practices for cost estimation. An assessment of the extent to which the project schedule for such program is comprehensive, well-constructed, credible, and controlled. An assessment of whether programmed and planned funds for a project under such program will be sufficient for the completion of the project. Such other related matters as the Comptroller General considers appropriate. Not later than April 1, 2023 , the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on the preliminary findings of the report under paragraph (1).” assignments to tours of duty are scheduled in advance over periods of not less than two weeks; tours of duty are scheduled using a regularly recurring pattern of 48-hour shifts followed by 48 or 72 consecutive non-work hours, as determined by mutual agreement between the Commander, Navy Region Mid-Atlantic, and the exclusive employee representative at each Navy Region Mid-Atlantic installation, in such a manner that each employee is regularly scheduled for 144-hours in any two-week period; for any such employee that is a fire fighter working an alternative work schedule, such employee shall earn overtime compensation in a manner consistent with other applicable law and regulation; no right shall be established to any form of premium pay, including night, Sunday, holiday, or hazard duty pay; and leave accrual and use shall be consistent with other applicable law and regulation. any financial savings or expenses directly and inseparably linked to the demonstration project; any intangible quality of life and morale improvements achieved by the demonstration project; and any adverse impact of the demonstration project occurring solely as the result of the transition to the demonstration project.” The Secretary of the Navy shall ensure that there is formal training provided for any shipboard system that is a program of record on any Navy surface vessel. In the case of any shipboard system program of record that is in use as of the date of the enactment of this Act [ Dec. 20, 2019 ] for which no formal training is available, the Secretary shall ensure that such training is available by not later than 12 months after the date of the enactment of this Act. In the case of any shipboard system program of record that is first accepted by the Government after the date of the enactment of this Act, the Secretary shall ensure that formal training is established for such program by not later than 12 months after the date on which the shipboard system program of record is first accepted by the Government.” The Secretary of the Navy shall require that, commencing not later than 180 days after the date of the enactment of this Act [ Aug. 13, 2018 ], key watchstanders on Navy surface ships shall maintain a career record of watchstanding hours and specific operational evolutions. Officer of the Deck. Engineering Officer of the Watch. Conning Officer or Piloting Officer. Any other officer specified by the Secretary for purposes of this section. Not later than 150 days after the date of the enactment of this Act [ Aug. 13, 2018 ], the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the plan of the Secretary for the maintenance of watchstander records, including updates to policy documents. Not later than one year after the briefing pursuant to paragraph (1), and annually thereafter for the next two years, the Secretary shall provide to the committees of Congress referred to in that paragraph an update briefing on the status of the implementation of the plan described in that paragraph.” If real property owned by the United States and used as a Navy homeport is subject to a reversionary interest of any kind, the Secretary of the Navy may enter into an agreement with the holder of the reversionary interest to acquire the reversionary interest and thereby secure for the United States all right, title, and interest in and to the property. As consideration for the acquisition of a reversionary interest under subsection (a), the Secretary shall provide the holder of the reversionary interest with in-kind consideration, to be determined pursuant to negotiations between the Secretary and the holder of the reversionary interest. In determining the type and value of any in-kind consideration to be provided for the acquisition of a reversionary interest under subsection (a), the Secretary shall take into account the nature of the reversionary interest, including whether it would require the holder of the reversionary interest to pay for any improvements acquired by the holder as part of the reversion of the real property, and the long-term use and ultimate disposition of the real property if the United States were to acquire all right, title, and interest in and to the real property subject to the reversionary interest. Cash payments are not authorized to be made as consideration for the acquisition of a reversionary interest under subsection (a).” In accordance with section 4703 of title 5 , United States Code, the Secretary of a military department may carry out a demonstration project at facilities described in subsection (b) under which workers who are certified at the journey level as able to perform multiple trades shall be promoted by one grade level. that, on the basis of the results of analysis of work processes, demonstrate that process improvements would result from the trade combinations proposed to be implemented under the demonstration project; and that describes the improvements in cost, quality, or schedule of work that are anticipated to result from the participation in the demonstration project. Actual worker participation in the demonstration project shall be determined through competitive selection. Not more than 15 percent of the wage grade journeyman at a demonstration project location may be selected to participate. Job descriptions and competency-based training plans must be developed for each worker while in training under the demonstration project and once certified as a multi-trade worker. A certified multi-trade worker who receives a pay grade promotion under the demonstration project must use each new skill during at least 25 percent of the worker’s work year. The demonstration project shall be conducted during fiscal years 2008 through 2023. Not later than January 15, 2024 , the Secretary of each military department that carried out a demonstration project under this section shall submit a report to Congress describing the results of the demonstration project. Each such report shall include the Secretary’s recommendation on whether permanent multi-trade authority should be authorized. Each Secretary who submits a report under subsection (e) shall transmit a copy of the report to the Comptroller General. Within 90 days after receiving a report, the Comptroller General shall submit to Congress an evaluation of that report.” The Secretary of the Navy may conduct a demonstration project to test the feasibility of using Navy facilities to provide employment training to nonviolent offenders in a State penal system prior to their release from incarceration. The demonstration project shall be limited to not more than three military installations under the jurisdiction of the Secretary. The Secretary may enter into a cooperative agreement with one or more private, nonprofit organizations for purposes of providing at the military installations included in the demonstration project the prerelease employment training authorized under subsection (a) or may provide such training directly at such installations by agreement with the State concerned. Under a cooperative agreement entered into under subsection (b), the Secretary may lease or otherwise make available to a nonprofit organization participating in the demonstration project at a military installation included in the demonstration project any real property or facilities at the installation that the Secretary considers to be appropriate for use to provide the prerelease employment training authorized under subsection (a). Notwithstanding section 2667(b)(4) of title 10 , United States Code, the use of such real property or facilities may be permitted with or without reimbursement. Notwithstanding section 1342 of title 31 , United States Code, the Secretary may accept voluntary services provided by persons participating in the prerelease employment training authorized under subsection (a). be liable for any loss or damage to Federal Government property that may result from, or in connection with, the provision of prerelease employment training by the organization under the demonstration project; and hold harmless and indemnify the United States from and against any suit, claim, demand, action, or liability arising out of any claim for personal injury or property damage that may result from or in connection with the demonstration project. be liable for any loss or damage to Federal Government property that may result from, or in connection with, the provision of the training except to the extent that the loss or damage results from a wrongful act or omission of Federal Government personnel; and hold harmless and indemnify the United States from and against any suit, claim, demand, action, or liability arising out of any claim for personal injury or property damage that may result from, or in connection with, the provision of the training except to the extent that the personal injury or property damage results from a wrongful act or omission of Federal Government personnel. Not later than two years after the date of the enactment of this Act [ Nov. 30, 1993 ], the Secretary shall submit to Congress a report evaluating the success of the demonstration project and containing such recommendations with regard to the termination, continuation, or expansion of the demonstration project as the Secretary considers to be appropriate.”