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10 U.S.C. § 8072 (ARMED FORCES)
§ 8072. Bureaus: distribution of business; orders; records; expenses
(a) Except as otherwise provided by law, the business of the executive part of the Department of the Navy shall be distributed among the bureaus as the Secretary of the Navy considers expedient and proper.
(b) Each bureau shall perform its duties under the authority of the Secretary, and its orders are considered as coming from the Secretary.
(c) Under the Secretary, each bureau has custody and charge of its records and accounts.
(d) Each bureau shall furnish to the Secretary estimates for its specific, general, and contingent expenses.
(Aug. 10, 1956, ch. 1041, 70A Stat. 285, § 5132; renumbered § 8072, Pub. L. 115–232, div. A, title VIII, § 807(a)(2), Aug. 13, 2018, 132 Stat. 1834.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
5132(a)
5 U.S.C. 429 (as applicable to distribution of business among bureaus).
R.S. 419 (as applicable to distribution of business among bureaus).
5 U.S.C. 455 (1st 23 words).
July 12, 1921, ch. 44, § 8 (1st par., 1st 37 words), 42 Stat. 140.
5132(b)
5 U.S.C. 430 (last 39 words).
R.S. 420 (last 39 words).
5 U.S.C. 430b.
June 20, 1940, ch. 400, § 1(b) (2d sentence), 54 Stat. 493.
5 U.S.C. 455 (less 1st 23 words).
July 12, 1921, ch. 44, § 8 (1st par., less 1st 37 words), 42 Stat. 140.
5132(c)
5 U.S.C. 430 (less last 39 words).
R.S. 420 (less last 39 words).
5132(d)
5 U.S.C. 431.
R.S. 430.
In subsection (a) the phrase “Except as otherwise provided by law” is added to preserve provisions directing that the Chief of Naval Operations and other statutory offices and boards share in the business of the executive part of the Department of the Navy. The words “The Bureau of Aeronautics shall be charged with matters pertaining to naval aeronautics” in 5 U.S.C. 455 are omitted as implied in the name of the bureau and covered by the authority granted to the Secretary to distribute the business of the Department.
In subsection (b) the words “and shall have full force and effect as such” are omitted as surplusage.
In subsection (c) the words “Under the Secretary” are inserted to make the provisions of 5 U.S.C. 413 and 5 U.S.C. 430, the latter of which is here codified, harmonious and to give meaning to each provision.
heading: Prior Provisions
text: A prior section 8072 was renumbered section 9037 of this title.
A prior section 8074 was renumbered section 9074 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 5132 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
heading: Transfer of Functions
text: Transfer of functions of bureaus and reorganization, see note set out under section 5111 of this title.
10 U.S.C. § 8247 (ARMED FORCES)
§ 8247. Sale of meals by general messes
Under such regulations as the Secretary of the Navy prescribes, meals may be sold by general messes afloat and ashore.
(Aug. 10, 1956, ch. 1041, 70A Stat. 381, § 6087; renumbered § 8247, Pub. L. 115–232, div. A, title VIII, § 807(b)(8), Aug. 13, 2018, 132 Stat. 1835.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6087
34 U.S.C. 915b(c).
Aug. 2, 1946, ch. 756, § 16(c), 60 Stat. 855.
heading: Prior Provisions
text: Prior sections 8251 and 8252 were renumbered sections 9131 and 9132 of this title.
Another prior section 8252, act Aug. 10, 1956, ch. 1041, 70A Stat. 503, provided that temporary enlistments could be made only in Air Force without specification of component, prior to repeal by Pub. L. 90–235, § 2(a)(4)(B), Jan. 2, 1968, 81 Stat. 756.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6087 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 8261 (ARMED FORCES)
§ 8261. Presentation of United States flag upon retirement
(a) Presentation of Flag.—
Upon the release of a member of the Navy or Marine Corps from active duty for retirement or transfer to the Fleet Reserve or the Fleet Marine Corps Reserve, the Secretary of the Navy shall present a United States flag to the member.
(b) Multiple Presentations Not Authorized.—
A member is not eligible for a presentation of a flag under subsection (a) if the member has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.
(c) No Cost to Recipient.—
The presentation of a flag under this section shall be at no cost to the recipient.
(Added Pub. L. 105–261, div. A, title VI, § 644(b)(1), Oct. 17, 1998, 112 Stat. 2048, § 6141; amended Pub. L. 106–65, div. A, title VI, § 652(e), Oct. 5, 1999, 113 Stat. 666; renumbered § 8261, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), Aug. 13, 2018, 132 Stat. 1835.)
heading: Prior Provisions
text: A prior section 8261, acts Aug. 10, 1956, ch. 1041, 70A Stat. 505; Oct. 4, 1961, Pub. L. 87–378, § 4, 75 Stat. 808, related to enlistment in Air National Guard of United States, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1662(b)(3), Oct. 5, 1994, 108 Stat. 2990. See section 12107 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6141 of this title as this section.
1999—Subsec. (b). Pub. L. 106–65 substituted “under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.” for “under this section or section 3681 or 8681 of this title or section 516 of title 14.”
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
heading: Effective Date
text: Section applicable with respect to releases from active duty described in this section, sections 7251 and 9251 of this title, and section 2748 of Title 14, Coast Guard, on or after Oct. 1, 1998, see section 644(e) of Pub. L. 105–261, set out as a note under section 7251 of this title.
10 U.S.C. § 8283 (ARMED FORCES)
§ 8283. Emergency medical treatment: reimbursement for expense
The Secretary of the Navy shall prescribe regulations for reimbursing members of the naval service for expenses of emergency or necessary medical service, including hospitalization and medicines, when the member was in a duty status at the time he received the service and the service was not available from a Federal source. For the purpose of this section, a member on leave or liberty is in a duty status.
(Aug. 10, 1956, ch. 1041, 70A Stat. 387, § 6203; renumbered § 8283, Pub. L. 115–232, div. A, title VIII, § 807(b)(11), Aug. 13, 2018, 132 Stat. 1835.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6203
34 U.S.C. 921a.
May 4, 1948, ch. 254, § 2, 62 Stat. 208.
34 U.S.C. 921b.
May 4, 1948, ch. 254, § 3, 62 Stat. 208.
The word “shall” is substituted for the words “authorized and directed to”. The word “members” is substituted for the word “persons”. The words “from civilian sources” are omitted as surplusage. The word “hospitalization” is substituted for the words “hospital service”. In the second sentence, the word “authorized” is omitted as surplusage.
heading: Prior Provisions
text: Prior sections 8284 and 8285 were repealed by Pub. L. 96–513, title II, § 204, Dec. 12, 1980, 94 Stat. 2880, effective Sept. 15, 1981.
Section 8284, act Aug. 10, 1956, ch. 1041, 70A Stat. 507, provided that appointments in commissioned grades in Regular Air Force be made by President, by and with advice and consent of Senate. See section 531 of this title.
Section 8285, acts Aug. 10, 1956, ch. 1041, 70A Stat. 507; Aug. 21, 1957, Pub. L. 85–155, title III, § 301(4), 71 Stat. 386; Sept. 2, 1958, Pub. L. 85–861, § 1(167), 72 Stat. 1516, prescribed eligibility requirements for original appointment in a commissioned grade in Regular Air Force, except designation as a medical or dental officer and except a graduating cadet. See section 532 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6203 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 8303 (ARMED FORCES)
§ 8303. Replacement
The Secretary of the Navy may replace without charge any medal of honor, Navy cross, distinguished-service medal, silver star medal, or Navy and Marine Corps Medal, or any associated bar, emblem, or insignia awarded under this chapter that is stolen, lost, or destroyed or becomes unfit for use without fault or neglect on the part of the person to whom it was awarded.
(Aug. 10, 1956, ch. 1041, 70A Stat. 391, § 6253; Pub. L. 107–107, div. A, title V, § 553(b)(2), Dec. 28, 2001, 115 Stat. 1116; renumbered § 8303, Pub. L. 115–232, div. A, title VIII, § 807(b)(13), Aug. 13, 2018, 132 Stat. 1836.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6253
34 U.S.C. 359 (proviso).
Feb. 4, 1919, ch. 14, § 6 (proviso), 40 Stat. 1056; renumbered § 8 and amended Aug. 7, 1942, ch. 551, § 1, 56 Stat. 744.
The words “Secretary of the Navy may replace” are substituted for the words “Provided, That such replacement shall be made only in those cases where”.
heading: Prior Provisions
text: A prior section 8303, acts Aug. 10, 1956, ch. 1041, 70A Stat. 514; Aug. 21, 1957, Pub. L. 85–155, title III, § 301(13), 71 Stat. 388; July 12, 1960, Pub. L. 86–616, § 6(3), 74 Stat. 391; June 28, 1962, Pub. L. 87–509, § 4(a), 76 Stat. 121; Nov. 8, 1967, Pub. L. 90–130, § 1(27)(D), 81 Stat. 382, related to effect of failure of a promotion-list officer considered for promotion to grade of captain, major, or lieutenant colonel under section 8299 of this title to be recommended for promotion, which officer was to be known as a “deferred officer”, prior to repeal by Pub. L. 96–513, title II, § 204, Dec. 12, 1980, 94 Stat. 2880, effective Sept. 15, 1981. See sections 631 and 632 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6253 of this title as this section.
2001—Pub. L. 107–107 substituted “stolen, lost, or destroyed” for “lost or destroyed”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 8451a (ARMED FORCES)
§ 8451a. Superintendent
(a) There is a Superintendent of the United States Naval Academy. The immediate governance of the Naval Academy is under the Superintendent.
(b) The Superintendent shall be detailed to that position by the President. As a condition for detail to that position, an officer shall acknowledge that upon termination of that detail the officer shall be retired pursuant to section 8371(a) of this title, unless such retirement is waived under section 8371(b) of this title.
(c) An officer who is detailed to the position of Superintendent shall be so detailed for a period of not less than three years. In any case in which an officer serving as Superintendent is reassigned or retires before having completed three years service as Superintendent, or otherwise leaves that position (other than due to death) without having completed three years service in that position, the Secretary of the Navy shall submit to Congress notice that such officer left the position of Superintendent without having completed three years service in that position, together with a statement of the reasons why that officer did not complete three years service in that position.
(Added Pub. L. 106–65, div. A, title V, § 532(a)(2)(B), Oct. 5, 1999, 113 Stat. 603, § 6951a; amended Pub. L. 108–375, div. A, title V, § 541(b)(2), Oct. 28, 2004, 118 Stat. 1903; renumbered § 8451a and amended Pub. L. 115–232, div. A, title VIII, §§ 807(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)
heading: Amendments
text: 2018—Pub. L. 115–232, § 807(c)(1), renumbered section 6951a of this title as this section.
Subsec. (b). Pub. L. 115–232, § 809(a), substituted “section 8371(a)” for “section 6371(a)” and “section 8371(b)” for “section 6371(b)”.
2004—Subsec. (b). Pub. L. 108–375, § 541(b)(2)(A), inserted before period at end “pursuant to section 6371(a) of this title, unless such retirement is waived under section 6371(b) of this title”.
Subsec. (c). Pub. L. 108–375, § 541(b)(2)(B), added subsec. (c).
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
heading: Application of Section to Superintendents Serving on October 5, 1999
text: Section not applicable to an officer serving on Oct. 5, 1999, in the position of Superintendent of the United States Military Academy, Naval Academy, or Air Force Academy for so long as that officer continues on and after that date to serve in that position without a break in service, see section 532(a)(5) of Pub. L. 106–65, set out as a note under section 7321 of this title.
10 U.S.C. § 8453 (ARMED FORCES)
§ 8453. Midshipmen: appointment
Midshipmen at the Naval Academy shall be appointed by the President alone. An appointment is conditional until the midshipman is admitted.
(Aug. 10, 1956, ch. 1041, 70A Stat. 429, § 6953; Pub. L. 97–60, title II, § 203(b)(1), Oct. 14, 1981, 95 Stat. 1006; renumbered § 8453, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)
heading: Historical and Revision Notes
text: This section is included in this chapter without specific reference to statutory source to resolve the ambiguities and conflicts existing in the statutes relating to the appointment of midshipmen at the Naval Academy. The word “appoint” has been used in various statutes when the intent of Congress was to provide authority in the persons named to “choose,” “select,” or “nominate” for the office of midshipman. These statutes have been collected and codified in § 6954 of this title, which reflects the various sources of nominees for “appointment” as midshipmen and the persons who may so “nominate” them. The actual appointing power resides in the President and this implied authority is herein expressed for clarity and for the purpose of uniformity of expression.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6953 of this title as this section.
1981—Pub. L. 97–60 inserted provision that an appointment is conditional until the midshipman is admitted.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
heading: Effective Date of 1981 Amendment
text: Amendment by Pub. L. 97–60 effective with respect to nominations for appointment to the first class admitted to each Academy after Oct. 14, 1981, see section 203(d) of Pub. L. 97–60, set out as an Effective Date note under section 7441a of this title.
10 U.S.C. § 8541 (ARMED FORCES)
§ 8541. Function
There is a United States Naval Postgraduate School, the primary function of which is to provide advanced instruction and professional and technical education and research opportunities for commissioned officers of the naval service in—
(1) their practical and theoretical duties;
(2) the science, physics, and systems engineering of current and future naval warfare doctrine, operations, and systems; and
(3) the integration of naval operations and systems into joint, combined, and multinational operations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 437, § 7041; Pub. L. 109–163, div. A, title V, § 523(a), Jan. 6, 2006, 119 Stat. 3244; renumbered § 8541, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7041
34 U.S.C. 1076.
July 31, 1947, ch. 420, § 1, 61 Stat. 705.
The words “There is a” are substituted for the words “That the Secretary of the Navy is hereby authorized and directed to establish the”, as the Postgraduate School is in operation. The words “technical education” are substituted for the word “training” to describe more aptly the higher level of instruction at the Postgraduate School. The words “naval service” are substituted for the words “Regular Navy and Marine Corps and the reserve components thereof”. The word “their” is substituted for the words “of commissioned officers”.
heading: Prior Provisions
text: A prior section 8541, act Aug. 10, 1956, ch. 1041, 70A Stat. 527, authorized President to assign regular and reserve Air Force officers to National Guard Bureau, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1661(c)(2), Oct. 5, 1994, 108 Stat. 2982, effective Dec. 1, 1994. See section 10507 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7041 of this title as this section.
2006—Pub. L. 109–163 amended text generally. Prior to amendment, text read as follows: “There is a United States Naval Postgraduate School for the advanced instruction and technical education of commissioned officers of the naval service in their practical and theoretical duties.”
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 8544 (ARMED FORCES)
§ 8544. Civilian teachers: number; compensation
The Secretary of the Navy may employ as many civilians as he considers necessary to serve at the Naval Postgraduate School under the direction of the President of the school as senior professors, professors, associate professors, assistant professors, and instructors. The Secretary shall prescribe the compensation of those persons.
(Aug. 10, 1956, ch. 1041, 70A Stat. 437, § 7044; Pub. L. 108–375, div. A, title V, § 557(a)(4)(A), Oct. 28, 2004, 118 Stat. 1915; renumbered § 8544, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7044
34 U.S.C. 1076b (less last sentence).
July 31, 1947, ch. 420, § 3 (less last sentence), 61 Stat. 706; Aug. 30, 1954, ch. 1076, § 1(21), 68 Stat. 968.
The words “as many * * * as he considers necessary” are substituted for the words “such number * * * as in his opinion may be necessary for the proper instruction of students in the theoretical, academic, and scientific subjects pertaining to the technical and practical aspects of the naval profession” for brevity.
heading: Prior Provisions
text: A prior section 8544, act Aug. 10, 1956, ch. 1041, 70A Stat. 527, restricted performance of civil functions by commissioned officers of Regular Air Force, prior to repeal by Pub. L. 90–235, § 4(a)(6), Jan. 2, 1968, 81 Stat. 759. See section 973 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7044 of this title as this section.
2004—Pub. L. 108–375 substituted “President of the school” for “Superintendent”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 8684 (ARMED FORCES)
§ 8684. Overhaul of naval vessels: competition between public and private shipyards
The Secretary of the Navy should ensure, in any case in which the Secretary awards a project for repair, alteration, overhaul, or conversion of a naval vessel following competition between public and private shipyards, that each of the following criteria is met:
(1) The bid of any public shipyard for the award includes—
(A) the full costs to the United States associated with future retirement benefits of civilian employees of that shipyard consistent with computation methodology established by Office of Management and Budget Circular A–76; and
(B) in a case in which equal access to the Navy supply system is not allowed to public and private shipyards, a pro rata share of the costs of the Navy supply system.
(2) Costs applicable to oversight of the contract by the appropriate Navy supervisor of shipbuilding, conversion, and repair are added to the bid of any private shipyard for the purpose of comparability analysis.
(3) The award is made using the results of the comparability analysis.
(Added Pub. L. 100–456, div. A, title XII, § 1225(a)(1), Sept. 29, 1988, 102 Stat. 2054, § 7313; renumbered § 7314, Pub. L. 101–189, div. A, title XVI, § 1622(a), Nov. 29, 1989, 103 Stat. 1604; renumbered § 8684, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.)
heading: Prior Provisions
text: A prior section 8684 was renumbered section 9252 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7314 of this title as this section.
1989—Pub. L. 101–189 renumbered section 7313 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
heading: Effective Date
text: Pub. L. 100–456, div. A, title XII, § 1225(b), Sept. 29, 1988, 102 Stat. 2055, provided that: “Section 7313 [now 8684] of title 10, United States Code, as added by subsection (a), applies to any award by the Secretary of the Navy made after the end of the 30-day period beginning on the date of the enactment of this Act [Sept. 29, 1988] for repair, alteration, overhaul, or conversion of a naval vessel following competition between public and private shipyards.”