§ 8013. Secretary of the Navy

§ 8013. 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 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.

(2) 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.

(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.

(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 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 so as to fulfill 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 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 Department of the Navy 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 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. 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;

(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.

(Added Pub. L. 99–433, title V, § 511(c)(2), Oct. 1, 1986, 100 Stat. 1043, § 5013; amended Pub. L. 99–661, div. A, title V, § 534, Nov. 14, 1986, 100 Stat. 3873; Pub. L. 108–136, div. A, title IX, § 901, Nov. 24, 2003, 117 Stat. 1558; Pub. L. 114–328, div. A, title IX, § 931(b), Dec. 23, 2016, 130 Stat. 2363; renumbered § 8013, Pub. L. 115–232, div. A, title VIII, § 807(a)(1), Aug. 13, 2018, 132 Stat. 1834; Pub. L. 117–81, div. A, title IX, § 901(d), Dec. 27, 2021, 135 Stat. 1868.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 5031 of this title prior to enactment of Pub. L. 99–433.

A prior section 8013 was renumbered section 9013 of this title.

Another prior section 8013, acts Aug. 10, 1956, ch. 1041, 70A Stat. 488, § 8012; Sept. 2, 1958, Pub. L. 85–861, § 1(152), 72 Stat. 1513; Sept. 7, 1962, Pub. L. 87–651, title II, § 211, 76 Stat. 524; Aug. 14, 1964, Pub. L. 88–426, title III, §§ 305(7), 306(j)(7), 78 Stat. 423, 432; renumbered § 8013, Oct. 1, 1986, Pub. L. 99–433, title V, § 521(a)(1), 100 Stat. 1055, related to Secretary of the Air Force, powers and duties, and delegations, prior to repeal by Pub. L. 99–433, § 521(a)(3).

Another prior section 8013 was renumbered section 8014 of this title and subsequently repealed.

Amendments

2021—Subsec. (a)(2). Pub. L. 117–81 substituted “seven” for “five”.

2018—Pub. L. 115–232 renumbered section 5013 of this title as this section.

2016—Subsec. (a)(1). Pub. L. 114–328 inserted “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.” after first sentence.

2003—Subsec. (c)(4). Pub. L. 108–136 struck out “(to the maximum extent practicable)” after “fulfill”.

1986—Subsec. (a)(2). Pub. L. 99–661 substituted “five years” for “10 years”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–81 applicable with respect to appointments made on or after Dec. 27, 2021, see section 901(g) of Pub. L. 117–81, set out as a note under section 113 of this title.

Effective Date of 2018 Amendment

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.

Inclusion of Information on Amphibious Warfare Ship Spares and Repair Parts in Navy Budget Justification Materials

Pub. L. 119–60, div. A, title I, § 132, Dec. 18, 2025, 139 Stat. 758, provided that: “(a) In General.—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. “(b) Amphibious Warfare Ship Defined.—In this section, the term ‘amphibious warfare ship’ has the meaning given that term in section 8062(h) of title 10, United States Code.”

Designation of Official Responsible for Autonomous Surface and Underwater Dual-Modality Vehicles

Pub. L. 118–159, div. A, title I, § 125, Dec. 23, 2024, 138 Stat. 1806, provided that: “(a) Designation Required.—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. “(b) Program Element.—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.”

Pilot Program on Use of Automated Inspection Technologies at Shipyards

Pub. L. 118–159, div. A, title X, § 1030, Dec. 23, 2024, 138 Stat. 2057, provided that: “(a) In General.—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. “(b) Selection of Location.—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. “(c) Elements.—In carrying out the pilot program required under subsection (a), the Secretary shall—“(1) select at least one surface ship as a test platform to collect a comprehensive set of inspection criteria used for defining maintenance requirements; “(2) 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; “(3) provide for the training of personnel on the operation and maintenance of the automated inspection technologies selected for use during the pilot program; “(4) designate an individual who shall be responsible for implementing and overseeing each phase of the pilot program; and “(5) 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. “(d) Report and Briefings.—“(1) Report.—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. “(2) Briefings.—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. “(e) Termination.—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.”

Establishment of Nuclear-Armed, Sea-Launched Cruise Missile Program Element

Pub. L. 118–159, div. A, title XVI, § 1627(c), Dec. 23, 2024, 138 Stat. 2175, provided that: “Beginning on the date of the submission of the budget of the President for fiscal year 2026 in accordance with section 1105(a) of title 31, United States Code, the Secretary of the Navy shall— “(1) 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 “(2) ensure that Navy activities in support of such development are executed within such program element.”

Strategy on Use of Automation and Artificial Intelligence for Shipyard Optimization

Pub. L. 118–31, div. A, title III, § 350(a), Dec. 22, 2023, 137 Stat. 228, provided that: “The Secretary of the Navy, in coordination with the Shipyard Infrastructure Optimization Program of the Department of the Navy, shall develop and implement a strategy to leverage commercial best practices used in shipyards to improve the efficiency of operations and to demonstrate a digital platform that uses artificial intelligence to analyze data on the maintenance and condition of shipboard assets of the Navy at shipyards, for the purpose of improving the readiness of the Armed Forces, predicting and diagnosing issues prior to the occurrence of such issues, and lowering maintenance costs.”

Digital Ambassador Program of the Navy: Cessation; Report; Restart

Pub. L. 118–31, div. A, title V, § 594, Dec. 22, 2023, 137 Stat. 286, provided that: “(a) Cessation.—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. “(b) Restart.—The Secretary may not restart such program until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a report containing the following:“(1) All policies and documents of the program. “(2) The number of digital ambassadors designated. “(3) The process and criteria for such designation. “(4) The duties of a digital ambassador. “(5) The online platforms (including social media) on which an individual is authorized under such program to perform duties of a digital ambassador. “(6) The determination of the Secretary that such program complies with applicable laws, regulations, and guidance.”

Pilot Program To Support the Development of Patentable Inventions in the Department of the Navy

Pub. L. 117–263, div. A, title II, § 224, Dec. 23, 2022, 136 Stat. 2483, provided that: “(a) In General.—The Secretary of the Navy may carry out a pilot program to expand the support available to covered personnel who seek to engage in the development of patentable inventions that—“(1) have applicablity [sic] to the job-related functions of such personnel; and “(2) may have applicability in the civilian sector. “(b) Activities.—As part of the pilot program under subsection (a), the Secretary of the Navy may—“(1) expand outreach to covered personnel regarding the availability of patent-related training, legal assistance, and other support for personnel interested in developing patentable inventions; “(2) expand the availability of patent-related training to covered personnel, including by making such training available online; “(3) clarify and issue guidance detailing how covered personnel, including personnel outside of the laboratories and other research organizations of the Department of the Navy, may—“(A) seek and receive support for the development of patentable inventions; and “(B) 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 “(4) carry out other such activities as the Secretary determines appropriate in accordance with the purposes of the pilot program. “(c) Termination.—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]. “(d) Definitions.—In this section:“(1) 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. “(2) The term ‘patentable invention’ means an invention that is patentable under title 35, United States Code.”

Establishment of Cyber Operations Designator and Rating for the Navy