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U.S. Code as of:
01/19/04
Section 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 the flag officers of the Navy. 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 full tour of duty in
a joint duty assignment (as defined in section 664(f) of this
title) as a flag 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 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 -
(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 commands
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
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 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.
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