[Title 32 CFR 700]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Subtitle A - Department of Defense (Continued)]
[Chapter Vi - DEPARTMENT OF THE NAVY]
[Subchapter A - UNITED STATES NAVY REGULATIONS AND OFFICIAL RECORDS]
[Part 700 - UNITED STATES NAVY REGULATIONS AND OFFICIAL RECORDS]
[From the U.S. Government Printing Office]
32NATIONAL DEFENSE52002-07-012002-07-01falseUNITED STATES NAVY REGULATIONS AND OFFICIAL RECORDS700PART 700NATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE NAVYUNITED STATES NAVY REGULATIONS AND OFFICIAL RECORDS
PART 700--UNITED STATES NAVY REGULATIONS AND OFFICIAL RECORDS--Table of Contents
Subpart A--Navy Regulations
Sec.
700.101 Origin and history of United States Navy Regulations.
700.102 Statutory authority for issuance of United States Navy
Regulations.
700.103 Purpose and effect of United States Navy Regulations.
700.104 Statutory authority for prescription of other regulations.
700.105 Issuance of directives by other officers and officials.
700.106 Control of administrative requirements.
700.107 Maintenance of Navy Regulations.
Subpart B--The Department of the Navy
700.201 Origin and authority of the Department of the Navy.
700.202 Mission of the Department of the Navy.
700.203 Composition.
700.204 The principal elements of the Department of the Navy.
Subpart C--The Secretary of the Navy
The Secretary of the Navy
700.301 Responsibilities of the Secretary of the Navy.
700.302 Responsibilities within the Department of the Navy.
700.303 Succession.
700.304 Recommendations to Congress.
700.305 Assignment of functions.
700.306 Assignment of duty and titles.
700.307 Powers with respect to the Coast Guard.
The Office of the Secretary of the Navy
700.310 Composition.
700.311 Sole responsibilities.
700.312 Authority over organizational matters.
The Office of the Secretary of the Navy/The Civilian Executive
Assistants
700.320 The Civilian Executive Assistants.
700.321 The Under Secretary of the Navy.
700.322 Assistant Secretaries of the Navy; statutory authorization.
700.323 The Assistant Secretary of the Navy (Financial Management).
700.324 The Assistant Secretary of the Navy (Manpower and Reserve
Affairs).
700.325 The Assistant Secretary of the Navy (Installations and
Environment).
700.326 The Assistant Secretary of the Navy (Research, Development and
Acquisition).
700.327 The General Counsel of the Navy.
The Office the Secretary of the Navy/The Staff Assistants
700.330 The Staff Assistants.
700.331 The Judge Advocate General.
700.332 The Naval Inspector General.
700.333 The Chief of Naval Research.
700.334 The Chief of Information.
700.335 The Chief of Legislative Affairs.
700.336 The Director, Office of Program Appraisal.
700.337 The Auditor General.
Subpart D--The Chief of Naval Operations
700.401 Precedence.
700.402 Succession.
700.403 Statutory authority and responsibility of the Chief of Naval
Operations.
700.404 Statutory authority and responsibility of the Office of the
Chief of Naval Operations.
700.405 Delegated authority and responsibility.
700.406 Naval Vessel Register, classification of naval craft, and status
of ships and service craft.
Subpart E--The Commandant of the Marine Corps
700.501 Precedence.
700.502 Succession.
700.503 Statutory authority and responsibility of the Commandant of the
Marine Corps.
700.504 Statutory authority and responsibility of the Headquarters,
Marine Corps.
700.505 Delegated authority and responsibility.
Subpart F--The United States Coast Guard (When Operating as a Service of
the Navy)
700.601 Relationship and operation as a service in the Navy.
700.602 The Commandant of the Coast Guard.
700.603 Duties and responsibilities.
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Subpart G--Commanders in Chief and Other Commanders
Titles and Duties of Commanders
700.701 Titles of commanders.
700.702 Responsibility and authority of commanders.
700.703 To announce assumption of command.
700.704 Readiness.
700.705 Observance of international law.
700.706 Keeping immediate superiors informed.
Staffs of Commanders
700.710 Organization of a staff.
700.711 Authority and responsibilities of officers of a staff.
Administration and Discipline
700.720 Administration and discipline: Staff embarked.
700.721 Administration and discipline: Staff based ashore.
700.722 Administration and discipline: Staff unassigned to an
administrative command.
700.723 Administration and discipline: Separate and detached command.
Subpart H--The Commanding Officer
Commanding Officers in General
700.801 Applicability.
700.802 Responsibility.
700.804 Organization of commands.
700.809 Persons found under incriminating circumstances.
700.810 Rules for visits.
700.811 Dealers, tradesmen, and agents.
700.812 Postal matters.
700.815 Deaths.
700.816 The American National Red Cross.
700.819 Records.
700.822 Delivery of personnel to civil authorities and service of
subpoena or other process.
700.826 Physical security.
700.827 Effectiveness for service.
700.828 Search by foreign authorities.
700.832 Environment pollution.
700.834 Care of ships, aircraft, vehicles and their equipment.
700.835 Work, facilities, supplies, or services for other Government
departments, State or local governments, foreign governments,
private parties and morale, welfare, and recreational
activities.
Commanding Officers Afloat
700.840 Unauthorized persons on board.
700.841 Control of passengers.
700.842 Authority over passengers.
700.844 Marriages on board.
700.845 Maintenance of logs.
700.846 Status of logs.
700.847 Responsibility of a master of an in-service ship of the Military
Sealift Command.
700.848 Relations with merchant seamen.
700.855 Status of boats.
700.856 Pilotage.
700.857 Safe navigation and regulations governing operation of ships and
aircraft.
700.859 Quarantine.
700.860 Customs and immigration inspections.
Special Circumstances/Ships in Naval Stations and Shipyards
700.871 Responsibility for safety of ships and craft at a naval station
or shipyard.
700.872 Ships and craft in drydock.
700.873 Inspection incident to commissioning of ships.
Special Circumstances/Prospective Commanding Officers
700.880 Duties of the prospective commanding officer of a ship.
Subpart I--The Senior Officer Present
Contents
700.901 The senior officer present.
700.902 Eligibility for command at sea.
700.903 Authority and responsibility.
700.904 Authority of senior officer of the Marine Corps present.
700.922 Shore patrol.
700.923 Precautions for health.
700.924 Medical or dental aid to persons not in the naval service.
700.934 Exercise of power of consul.
700.939 Granting of asylum and temporary refuge.
Subpart J--Precedence, Authority and Command
Authority
700.1020 Exercise of authority.
700.1026 Authority of an officer who succeeds to command.
700.1038 Authority of a sentry.
Detail to Duty
700.1052 Orders to active service.
700.1053 Commander of a task force.
700.1054 Command of a naval base.
700.1055 Command of a naval shipyard.
700.1056 Command of a ship.
700.1057 Command of an air activity.
700.1058 Command of a submarine.
700.1059 Command of a staff corps activity.
Subpart K--General Regulations
Standards of Conduct
700.1101 Demand for court-martial.
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700.1113 Endorsement of commercial product or process.
700.1120 Personal privacy and rights of individuals regarding their
personal records.
Official Records
700.1121 Disclosure, publication and security of official information.
700.1126 Correction of naval records.
700.1127 Control of official records.
700.1128 Official records in civil courts.
Duties of Individuals
700.1138 Responsibilities concerning marijuana, narcotics, and other
controlled substances.
700.1139 Rules for preventing collisions, afloat and in the air.
Rights and Restrictions
700.1162 Alcoholic beverages.
700.1165 Fraternization prohibited.
700.1166 Sexual harassment.
700.1167 Supremacist activity.
Authority: 10 U.S.C. 6011.
Source: 64 FR 56062, Oct. 15, 1999, unless otherwise noted.
Subpart A--Navy Regulations
Sec. 700.101 Origin and history of United States Navy Regulations.
(a) United States Navy Regulations began with the enactment by the
Continental Congress of the ``Rules for the Regulation of the Navy of
the United Colonies'' on November 28, 1775. The first issuance by the
United States Government which covered this subject matter was ``An Act
for the Government of the Navy of the United States,'' enacted on March
2, 1799. This was followed the next year by ``An Act for the Better
Government of the Navy of the United States.''
(b) In the years preceding the Civil War, twelve successor
publications were promulgated under a number of titles by the President,
the Navy Department and the Secretary of the Navy. A decision by the
Attorney General that the last of the pre-Civil War issuances was
invalid led to the inclusion in the 1862 naval appropriations bill of a
provision that ``the orders, regulations, and instructions heretofore
issued by the Secretary of the Navy be, and they are hereby, recognized
as the regulations of the Navy Department, subject, however, to such
alterations as the Secretary of the Navy may adopt, with the approbation
of the President of the United States.''
(c) Thirteen editions of Navy Regulations were published in
accordance with this authority (later codified as Section 1547, Revised
Statutes) between 1865 and 1948. The 1973 edition of Navy Regulations
was published under authority of 10 United States Code (U.S.C.) 6011,
which provided that ``United States Navy Regulations shall be issued by
the Secretary of the Navy with the approval of the President.'' In 1981,
this provision was amended to eliminate the requirement for presidential
approval.
(d) While leaving this provision unaffected, Congress enacted the
Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Pub.
L. 99-443), which granted each of the service secretaries the authority
to prescribe regulations to carry out his or her statutory functions,
powers and duties.
Sec. 700.102 Statutory authority for issuance of United States Navy Regulations.
Title 10, United States Code, section 6011, provides that United
States Navy Regulations shall be issued by the Secretary of the Navy.
Regulations issued under this authority are permanent regulations of
general applicability, as opposed to regulations issued by the Secretary
under Sec. 700.104.
Sec. 700.103 Purpose and effect of United States Navy Regulations.
United States Navy Regulation is the principle regulatory document
of the Department of the Navy, endowed with the sanction of law, as to
duty, responsibility, authority, distinctions and relationships of
various commands, officials and individuals. Other directives issued
within the Department of the Navy shall not conflict with, alter or
amend any provision of Navy Regulations.
Sec. 700.104 Statutory authority for prescription of other regulations.
The Secretary of the Navy may prescribe regulations to carry out his
or her functions, powers and duties under Title 10, United States Code.
[[Page 12]]
Sec. 700.105 Issuance of directives by other officers and officials.
Responsible officers and officials of the Department of the Navy may
issue, or cause to be issued, directives concerning matters over which
they exercise command, control or supervision, which do not conflict
with, alter or amend these regulations.
Sec. 700.106 Control of administrative requirements.
(a) Directives will be issued with due regard for the imposition of
workload resulting therefrom and benefits or advantages to be gained.
Issuance of new directives will be in accordance with the following:
(1) Directives which implement or amplify directives from higher
authority will not be issued unless absolutely essential.
(2) Administrative reporting requirements will not be imposed unless
the expected value of the information to be gained is significantly
greater than the cumulative burden imposed.
(b) Each officer or official issuing a directive or imposing a
reporting requirement will periodically, in accordance with instructions
to be issued by appropriate authority, review such directive or report
with a view toward the following:
(1) Reduction of directives by cancellation or consolidation; or
(2) Reduction of reporting requirements by elimination of the
report, reduction in the frequency of the report, or combination with
other reports.
(c) When issuance of a directive or a tasking will result in
imposition of additional administrative requirements on commands not
within the chain of command or the issuing authority, the first common
superior of the commands affected by the requirement must concur in the
issuance.
Sec. 700.107 Maintenance of Navy Regulations.
(a) The Chief of Naval Operations is responsible for maintaining
Navy Regulations, and for ensuring that Navy Regulations conforms to the
current needs of the Department of the Navy. When any person in the
Department of the Navy deems it advisable that additions, changes or
deletions should be made to Navy Regulations, he or she shall forward a
draft of the proposed addition, change or deletion, with a statement of
the reasons therefor, to the Chief of Naval Operations via the chain of
command. The Chief of Naval Operations shall endeavor to obtain the
concurrence of the Commandant of the Marine Corps, the Judge Advocate
General and appropriate offices and commands. Unresolved issues
concerning such additions, changes or deletions shall be forwarded to
the Secretary of the Navy for appropriate action. Any additions, changes
or deletions to the U.S. Navy Regulations must be approved by the
Secretary of the Navy.
(b) Changes to Navy Regulations will be numbered consecutively and
issued as page changes. Advance changes may be used when required; these
will be numbered consecutively and incorporated in page changes at
frequent intervals.
Subpart B--The Department of the Navy
Sec. 700.201 Origin and authority of the Department of the Navy.
(a) The naval affairs of the country began with the war for
independence, the American Revolution. On 13 October 1775, Congress
passed legislation for ships. This, in effect, created the continental
Navy. Two battalions of Marines were authorized on 10 November 1775.
Under the Constitution, the First Congress on 7 August 1789 assigned
responsibility for the conduct of naval affairs to the War Department.
On 30 April 1798, the Congress established a separate Department of the
Navy with the Secretary of the Navy as its chief officer. On 11 July
1798, the United States Marine Corps was established as a separate
service, and in 1834 was made a part of the Department of the Navy.
(b) The National Security Act of 1947, as amended, is the
fundamental law governing the position of the Department of the Navy in
the organization for national defense. In 1949, the Act was amended to
establish the Department of Defense as an Executive Department, and to
establish the Departments of the Army, Navy and Air
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Force (formerly established as Executive Departments by the 1947 Act) as
military departments within the Department of Defense.
(c) The Goldwater-Nichols Department of Defense Reorganization Act
of 1986 further defined the roles of the military departments within the
Department of Defense. In addition to establishing the office of Vice
Chairman of the Joint Chiefs of Staff, and further emphasizing the
operational chain of command, the Act provided detailed statements of
the roles of the Secretary of the Navy, the Chief of Naval Operations,
the Commandant of the Marine Corps, and their respective principal
assistants.
(d) The responsibilities and authority of the Department of the Navy
are vested in the Secretary of the Navy, and are subject to reassignment
and delegation by the Secretary. The Secretary is bound by the
provisions of law, the direction of the President and the Secretary of
Defense and, along with all persons in charge of Government agencies,
the regulations of certain non-defense agencies addressing their
respective areas of functional responsibility.
Sec. 700.202 Mission of the Department of the Navy.
(a) The Navy, within the Department of the Navy, shall be organized,
trained, and equipped primarily for prompt and sustained combat incident
to operations at sea. It is responsible for the preparation of naval
forces necessary for the effective prosecution of war except as
otherwise 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.
(b) The Navy shall develop aircraft, weapons, tactics, technique,
organization and equipment of naval combat and service elements. Matters
of joint concern as to these functions shall be coordinated between the
Army, the Air Force and the Navy.
(c) The Marine Corps, within the Department of the Navy, shall be
organized, trained, and equipped to provide fleet marine forces of
combined arms, together with supporting air components, for service with
the fleet in the seizure or defense of advanced naval bases and for the
conduct of such land operations as may be essential to the prosecution
of a naval campaign. In addition, the Marine Corps shall provide
detachments and organizations for service on armed vessels of the Navy,
shall provide security detachments for the protection of naval property
at naval stations and bases, and shall perform such other duties as the
President may direct. However, these additional duties may not detract
from or interfere with the operations for which the Marine Corps is
primarily organized.
(d) The Marine Corps shall develop, in coordination with the Army
and the Air Force, those phases of amphibious operations that pertain to
the tactics, technique and equipment used by landing forces.
(e) The Marine Corps is responsible, in accordance with integrated
joint mobilization plans, for the expansion of peacetime components of
the Marine Corps to meet the needs of war.
Sec. 700.203 Composition.
(a) The Department of the Navy is separately organized under the
Secretary of the Navy. It operates under the authority, direction and
control of the Secretary of Defense.
(b) 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;
(5) All field activities, headquarters, forces, bases,
installations, activities and functions under the control or supervision
of the Secretary of the Navy; and
(6) The Coast Guard when it is operating as a service in the Navy.
Sec. 700.204 The principal elements of the Department of the Navy.
(a) The Department of the Navy consists of three elements; the Navy
Department, the Operating Forces of the Navy and the Marine Corps, and
the Shore Establishment.
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(b) The Navy Department refers to the central executive offices of
the Department of the Navy located at the seat of Government. The Navy
Department is organizationally comprised of the Office of the Secretary
of the Navy, the Office of the Chief of Naval Operations, and the
Headquarters, Marine Corps. In addition, the Headquarters, Coast Guard,
is included when the Coast Guard is operating as a service in the Navy.
(c) The operating forces of the Navy and the Marine Corps comprise
the several fleets, seagoing forces, Fleet Marine Forces, other assigned
Marine Corps Forces, the Military Sealift Command and other forces and
activities that may be assigned thereto by the President or the
Secretary of the Navy.
(d) The shore establishment is comprised of shore activities with
defined missions approved for establishment by the Secretary of the
Navy.
Subpart C--The Secretary of the Navy
The Secretary of the Navy
Sec. 700.301 Responsibilities of the Secretary of the Navy.
The Secretary of the Navy is responsible to the Secretary of Defense
for:
(a) The functioning and efficiency of the Department of the Navy;
(b) 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;
(c) 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;
(d) Carrying out the functions of the Department of the Navy so as
to fulfill (to the maximum extent practicable) the current and future
operational requirement of the unified and specified combatant commands;
(e) 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 eliminate duplication;
(f) The presentation and justification of the position of the
Department of the Navy on the plans, programs and policies of the
Department of Defense;
(g) The effective supervision and control of the intelligence
activities of the Department of the Navy; and
(h) Such other activities as may be prescribed by law or by the
president or Secretary of Defense.
Sec. 700.302 Responsibilities within the Department of the Navy.
The Secretary is the head of the Department of the Navy. The
Secretary is responsible for, and has the authority necessary to
conduct, all affairs of the Department of the Navy, including the
following functions:
(a) Recruiting;
(b) Organizing;
(c) Supplying;
(d) Equipping (including research and development);
(e) Training;
(f) Servicing;
(g) Mobilizing;
(h) Demobilizing;
(i) Administering (including the morale and welfare of personnel);
(j) Maintaining;
(k) The construction, outfitting and repair of military equipment;
and
(l) The construction, maintenance and repair of buildings, and
interests in real property necessary to carry out the responsibilities
specified in this article.
Sec. 700.303 Succession.
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 directs another person to perform those
duties or until the absence or disability ceases:
(a) The Under Secretary of the Navy;
(b) The Assistant Secretaries of the Navy, in the order prescribed
by the Secretary of the Navy and approved by the Secretary of Defense;
(c) The Chief of Naval Operations;
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(d) The Commandant of the Marine Corps.
Sec. 700.304 Recommendations to Congress.
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 or she considers appropriate.
Sec. 700.305 Assignment of functions.
The Secretary of the Navy may assign such functions, powers, and
duties as he or she 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.
Sec. 700.306 Assignment of duty and titles.
The Secretary of the Navy may:
(a) Assign, detail and prescribe the duties of members of the Navy
and Marine Corps and civilian personnel of the Department of the Navy;
and
(b) Change the title of any officer or activity of the Department of
the Navy not prescribed by law.
Sec. 700.307 Powers with respect to the Coast Guard.
Whenever the Coast Guard operates as a service in the Navy under
Section 3 of Title 14, United States Code, the Secretary of the Navy has
the same powers and duties with respect to the Coast Guard as the
Secretary of Transportation has when the Coast Guard is not so
operating.
The Office of the Secretary of the Navy
Sec. 700.310 Composition.
The function of the Office of the Secretary of the Navy is to assist
the Secretary in carrying out his or her responsibilities. The Office of
the Secretary of the Navy is composed of the following:
(a) The Civilian Executive Assistants:
(1) The Under Secretary of the Navy;
(2) The Assistant Secretary of the Navy (Financial Management);
(3) The Assistant Secretary of the Navy (Manpower and Reserve
Affairs);
(4) The Assistant Secretary of the Navy (Research, Development and
Acquisition);
(5) The Assistant Secretary of the Navy (Installations and
Environment); and
(6) The General Counsel of the Department of the Navy.
(b) The Staff Assistants:
(1) The Judge Advocate General of the Navy;
(2) The Naval Inspector General;
(3) The Chief of Naval Research;
(4) The Chief of Information;
(5) The Chief of Legislative Affairs;
(6) The Auditor General of the Navy;
(7) The Director, Office of Program Appraisal; and
(8) Such other officers and officials as may be established by law
or as the Secretary of the Navy may establish or designate.
Sec. 700.311 Sole responsibilities.
(a) 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:
(1) Acquisition;
(2) Auditing;
(3) Comptroller (including financial management);
(4) Information management;
(5) Inspector general;
(6) Legislative affairs;
(7) Public affairs;
(8) Research and development, except for military requirements and
operational test and evaluation, which are the responsibilities of the
Office of the Chief of Naval Operations and the Headquarters Marine
Corps.
(b) The following offices within the Office of the Secretary of the
Navy are designated to conduct the functions specified in paragraph (a)
of this section. 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 (a) of this section, except
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as noted in paragraph (a)(8) of this section.
(1) The Assistant Secretary of the Navy (Research, Development and
Acquisition) is the Acquisition Executive for the Department of the
Navy. The Assistant Secretary of the Navy (Research, Development and
Acquisition) (ASN(RD&A)) is responsible for research, development and
acquisition, except for military requirements and operational test and
evaluation, which remain functions of the Office of the Chief of Naval
Operations and Headquarters Marine Corps. In addition to Acquisition
Executive, ASN(RD&A) is also the Navy Senior Procurement Executive and
Senior Department of the Navy Information Resource Management Official.
Responsibilities include developing acquisition policy and procedures
for all Department of the Navy research, development, production,
shipbuilding and production/logistics support programs; and Department
of the Navy international technology transfer.
(2) The Auditor General is responsible for the internal auditing
function within the Department of the Navy.
(3) The Assistant Secretary of the Navy (Financial Management) is
responsible for comptrollership, including financial management, within
the Department of the Navy.
(4) The Naval Inspector General is responsible for the inspector
general function within the Department of the Navy.
(5) The Chief of Legislative Affairs is responsible for legislative
affairs within the Department of the Navy.
(6) The Chief of Information is responsible for public affairs
within the Department of the Navy.
(c) The Secretary shall:
(1) Prescribe the relationship of each office or other entity
established or designated under paragraph (b) of this section:
(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
(2) Ensure that each such office or entity provides the Chief of
Naval Operations and the Commandant of the Marine Corps such staff
support as the Chief of Naval Operations and the Commandant of the
Marine Corps consider necessary to perform their respective duties and
responsibilities.
(d) The vesting in the Office of the Secretary of the Navy of the
responsibility for the conduct of a function specified in paragraph (a)
of this section does not preclude other elements of the Department of
the Navy (including the Office of the Chief of Naval Operations and the
Headquarters, Marine Corps) from providing 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.
Sec. 700.312 Authority over organizational matters.
Subject to the approval or guidance of the Secretary of the Navy,
the Civilian Executive Assistants, the Chief of Naval Operations, the
Commandant of the Marine Corps and the Staff Assistants are individually
authorized to organize, assign and reassign responsibilities within
their respective commands or offices, including the establishment and
disestablishment of such component organizations as may be necessary,
subject to the following:
(a) The authority to disestablish may not be exercised with respect
to any organizational component of the Department established by law.
(b) The Secretary retains the authority to approve the establishment
and disestablishment of shore activities.
The Office of the Secretary of the Navy/The Civilian Executive
Assistants
Sec. 700.320 The Civilian Executive Assistants.
(a) The Civilian Executive Assistants, as identified in
Sec. 700.310, are assigned department-wide responsibilities essential to
the efficient administration of the Department of the Navy.
(b) Each Civilian Executive Assistants, within his or her assigned
area of responsibility, is the principal civilian
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advisor and assistant to the Secretary on the administration of the
affairs of the Department of the Navy. The Civilian Executive Assistants
carry out their duties with the professional assistance of the Office of
the Chief of Naval Operations and Headquarters, Marine Corps, as
presided over by the Chief of Naval Operations and Commandant of the
Marine Corps, respectively.
(c) The Civilian Executive Assistants are authorized and directed to
act for the Secretary within their assigned areas of responsibility.
Sec. 700.321 The Under Secretary of the Navy.
(a) The Under Secretary of the Navy shall perform such duties and
exercise such powers as the Secretary of the Navy shall prescribe.
(b) The Under Secretary of the Navy is designated as the deputy and
principal assistant to the Secretary of the Navy. The Under Secretary of
the Navy acts with full authority of the Secretary in the general
management of the Department of the Navy and supervision of offices,
organizations and functions as assigned by the Secretary.
Sec. 700.322 Assistant Secretaries of the Navy; statutory authorization.
There are four Assistant Secretaries of the Navy. The Assistant
Secretaries shall perform such duties and exercise such powers as the
Secretary of the Navy may prescribe in accordance with law.
Sec. 700.323 The Assistant Secretary of the Navy (Financial Management).
The Assistant Secretary of the Navy (Financial Management) is the
Comptroller of the Navy, and is responsible for all matters related to
the financial management of the Department of the Navy, including:
(a) Budgeting;
(b) Accounting;
(c) Disbursing;
(d) Financing;
(e) Internal review;
(f) Progress and statistical reporting; and
(g) Supervision of offices and organizations as assigned by the
Secretary of the Navy.
Sec. 700.324 The Assistant Secretary of the Navy (Manpower and Reserve Affairs).
The Assistant Secretary of the Navy (Manpower and Reserve Affairs)
is responsible for:
(a) The overall supervision of manpower and reserve component
affairs of the Department of the Navy, including policy and
administration of affairs related to military (active and inactive) and
civilian personnel; and
(b) Supervision of offices and organizations as assigned by the
Secretary, specifically the Naval Council of Personnel Boards and the
Board for Correction of Naval Records.
Sec. 700.325 The Assistant Secretary of the Navy (Installations and Environment).
The Assistant Secretary of the Navy (Installations and Environment)
is responsible for:
(a) Policy relating to Navy installations, facilities, environment,
safety, shore resources management and quality improvement;
(b) Development, implementation and evaluation of military
construction, facilities management and engineering, strategic
homeporting, housing, utilities, and base utilization issues;
(c) Environmental policy, safety, occupational health, and Marine
Corps and Navy environmental affairs, including environmental
protection, restoration, compliance and legislation, natural resource
programs, hazardous material/waste minimization, plastics reduction and
control, afloat environmental issues, state and federal agency and
environmental organization coordination, and the National Environmental
Policy Act; and
(d) Advising on fiscal resources related to shore appropriations.
Sec. 700.326 The Assistant Secretary of the Navy (Research, Development and Acquisition).
The Assistant Secretary of the Navy (Research, Development and
Acquisition) is responsible for:
(a) Research, development and acquisition, except for military
requirements and operational test and evaluation;
[[Page 18]]
(b) Direct management of acquisition programs;
(c) All aspects of the acquisition process within the Department of
the Navy;
(d) All acquisition policy, including technology base and advanced
technology development, procurement, competition, contracts and business
management, logistics, product integrity, and education and training of
the acquisition workforce.
Sec. 700.327 The General Counsel of the Navy.
(a) The General Counsel is head of the Office of the General Counsel
and is responsible for providing legal advice, counsel, and guidance
within the Department of the Navy on the following matters:
(1) Business and commercial law, environmental law, civilian
personnel law, real and personal property law and patent law;
(2) Procurement of services, including the fiscal, budgetary and
accounting aspects, for the Navy and Marine Corps;
(3) Litigation involving the issues enumerated above; and
(4) Other matters as directed by the Secretary of the Navy.
(b) The General Counsel maintains a close working relationship with
the Judge Advocate General on all matters of common interest.
The Office of the Secretary of the Navy/The Staff Assistants
Sec. 700.330 The Staff Assistants.
The Staff Assistants, as identified in Sec. 700.310, assist the
Secretary of the Navy, or one or more of the Civilian Executive
Assistants, in the administration of the Navy. They supervise all
functions and activities internal to their offices and assigned field
activities, if any, and are responsible to the Secretary or to one of
the Civilian Executive Assistants for the utilization of resources by,
and the operating efficiency of, all activities under their supervision
or command. Their duties are as provided by law or as assigned by the
Secretary.
Sec. 700.331 The Judge Advocate General.
(a) The Judge Advocate General of the Navy commands the Office of
the Judge Advocate General and is the Chief of the Judge Advocate
General's Corps. The Judge Advocate General:
(1) Provides or supervises the provision of all legal advice and
related services throughout the Department of the Navy, except for the
advice and services provided by the General Counsel;
(2) Performs the functions required or authorized by law;
(3) Provides legal and policy advice to the Secretary of the Navy on
military justice, administrative law, claims, operational and
international law, and litigation involving these issues; and
(4) Acts on other matters as directed by the Secretary.
(b) The Judge Advocate General maintains a close working
relationship with the General Counsel on all matters of common interest.
Sec. 700.332 The Naval Inspector General.
(a) Under the direction of the Secretary of the Navy, the Naval
Inspector General:
(1) Inspects, investigates or inquires into any and all matters of
importance to the Department of the Navy with particular emphasis on
readiness, including, but not limited to effectiveness, efficiency,
economy and integrity;
(2) Exercises broad supervision, general guidance and coordination
for all Department of the Navy inspection, evaluation and appraisal
organizations to minimize duplication of efforts and the number of
necessary inspections;
(3) Through analysis of available information, identifies areas of
weakness in the Department of the Navy as they relate to matters of
integrity and efficiency and provides appropriate recommendations for
improvement. To accomplish these functions, the Inspector General shall
have unrestricted access, by any means, to any information maintained by
any naval activity deemed necessary, unless specifically restricted by
the Secretary of the Navy;
[[Page 19]]
(4) Receives allegations of inefficiency, misconduct, impropriety,
mismanagement or violations of law, and investigates or refers such
matters for investigation, as is appropriate; and
(5) Serves as principal advisor to the Secretary of the Navy, the
Chief of Naval Operations and the Commandant of the Marine Corps on all
inspection and investigation matters.
(b) In addition, the Naval Inspector General has various functions,
including (but not limited to):
(1) Providing of an alternative to the normal chain of command
channel for receipt of complaints of personnel;
(2) Serving as the official to whom employees may complain without
fear of reprisal;
(3) Cooperating with the Inspector General, Department of Defense;
(4) Providing oversight of intelligence and special activities;
(5) Serving as the Department of the Navy coordinator for fraud,
waste and efficiency matters;
(6) Serving as Navy Program Manager and focal point for the
Department of the Navy and Navy Hotline programs; and
(7) Designation as the centralized organization within the
Department of Defense to monitor and ensure the coordination of
criminal, civil, administrative and contractual remedies for all
significant cases, including investigation of fraud or corruption
related to procurement activities affecting the Department of the Navy.
Sec. 700.333 The Chief of Naval Research.
(a) The Chief of Naval Research shall command the Office of the
Chief of Naval Research, the Office of Naval Research, the Office of
Naval Technology and assigned shore activities.
(b) The Office of Naval Research shall perform such duties as the
Secretary of the Navy prescribes relating to:
(1) The encouragement, promotion, planning, initiation and
coordination of naval research;
(2) The conduct of naval research in augmentation of and in
conjunction with the research and development conducted by other
agencies and offices of the Department of the Navy; and
(3) The supervision, administration and control of activities within
or for the Department of the Navy relating to patents, inventions,
trademarks, copyrights and royalty payments, and matters connected
therewith.
Sec. 700.334 The Chief of Information.
(a) The Chief of Information is the direct representative of the
Secretary of the Navy in all public affairs and internal relations
matters. The Chief of Information is authorized to implement Navy public
affairs and internal relations policies and to coordinate those Navy and
Marine Corps activities of mutual interest.
(b) The Chief of Naval Operations and the Commandant of the Marine
Corps are delegated responsibilities for:
(1) Conduct of their respective services' internal information
programs;
(2) Conduct of their respective services' community relations
programs; and
(3) Implementing the Secretary of the Navy's public affairs policy
and directives.
(c) The Chief of Information will report to the Chief of Naval
Operations for support of the responsibilities outlined in paragraph (b)
of this section, and will provide such staff support as the Chief of
Naval Operations considers necessary to perform those duties and
responsibilities.
(d) The Deputy Chief of Information for Marine Corps Matters may
report directly to the Secretary regarding public information matters
related solely to the Marine Corps. The Deputy Chief will promptly
inform the Chief of Information regarding the substance of all
independent contacts with the Secretary pertaining to Marine Corps
matters. The Deputy Chief of Information for Marine Corps Matters will
report to the Commandant of the Marine Corps for support of the
responsibilities outlined in paragraph (b) of this section, and will
provide such staff support as the Commandant considers necessary to
perform those duties and responsibilities.
Sec. 700.335 The Chief of Legislative Affairs.
The mission of the Chief of Legislative Affairs is to:
(a) Plan, develop and coordinate relationships between
representatives of
[[Page 20]]
the Department of the Navy and members of committees of the United
States Congress and their staffs which are necessary in the transaction
of official Government business (except appropriations matters)
affecting the Department of the Navy; and
(b) Furnish staff support, advice and assistance to the Secretary of
the Navy, the Chief of Naval Operations, the Commandant of the Marine
Corps and all other principal civilian and military officials of the
Department of the Navy concerning congressional aspects of the
Department of the Navy policies, plans and programs (except
appropriations matters).
Sec. 700.336 The Director, Office of Program Appraisal.
(a) The Director, Office of Program Appraisal, directs, under the
immediate supervision of the Secretary of the Navy, the Office of
Program Appraisal.
(b) The Office of Program Appraisal will assist the Secretary in
assuring that existing and proposed Navy and Marine Corps programs
provide the optimum means of achieving the objectives of the Department
of the Navy.
Sec. 700.337 The Auditor General.
(a) The Auditor General of the Navy is responsible for:
(1) Serving as Director of the Naval Audit Service; and
(2) Developing and implementing Navy internal audit policies,
programs and procedures within the framework of Government auditing
standards.
(b) The Auditor General can provide information and may provide
assistance and support to the Chief of Naval Operations and the
Commandant of the Marine Corps to enable them to discharge their duties
and responsibilities.
Subpart D--The Chief of Naval Operations
Sec. 700.401 Precedence.
The Chief of Naval Operations, while so serving, has the grade of
admiral. In the performance of duties within the Department of the Navy,
the Chief of Naval Operations takes precedence above all other officers
of the naval service, except an officer of the naval service who is
serving as Chairman or Vice Chairman of the Joint Chiefs of Staff.
Sec. 700.402 Succession.
When there is a vacancy in the position of Chief of Naval
Operations, or during the absence or disability of the Chief of Naval
Operations:
(a) 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.
(b) If there is a vacancy in the position of 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 the 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.
Sec. 700.403 Statutory authority and responsibility of the Chief of Naval Operations.
(a) Except as otherwise prescribed by law, and subject to the
statutory authority of the Secretary of the Navy to assign functions,
powers and duties, the Chief of Naval Operations performs duties under
the authority, direction and control of the Secretary of the Navy and is
directly responsible to the Secretary.
(b) 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
[[Page 21]]
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 statutory authority
assigned to commanders of unified or specified combatant commands, over
such of the members and organizations of the Navy and the Marine Corps
as the Secretary determines;
(5) Perform the duties prescribed for a member of the Armed Forces
Policy Council and other statutory duties; and
(6) Perform such other military duties, not otherwise assigned by
law, as are assigned to the Chief of Naval Operations by the President,
the Secretary of Defense or the Secretary of the Navy.
(c) The Chief of Naval Operations shall also perform the statutory
duties prescribed for a member of the Joint Chiefs of Staff.
(1) To the extent that such action does not impair the independence
of the Chief of Naval Operations in the performance of duties as a
member of the Joint Chiefs of Staff, the Chief of Naval Operations shall
inform the Secretary of the Navy regarding military advice rendered by
members of the Joint Chiefs of Staff on matters affecting the Department
of the Navy.
(2) 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 of the Navy.
Sec. 700.404 Statutory authority and responsibility of the Office of the Chief of Naval Operations.
(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.
Under the authority, direction and control of the Secretary of the Navy,
the Office of the Chief of Naval Operations shall:
(1) Subject to Sec. 700.311(a), prepare for such employment of the
Navy, and for such 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 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 approved
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.
(b) 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.
Sec. 700.405 Delegated authority and responsibility.
(a) The Chief of Naval Operations is the principal naval advisor and
naval executive to the Secretary of the Navy on the conduct of the naval
activities of the Department of the Navy.
(b)(1) Internal to the administration of the Department of the Navy,
the Chief of Naval Operations, consistent with the statutory authority
assigned to commanders of unified or specified combatant commands, under
the direction of the Secretary of the Navy, shall command:
(i) The operating forces of the Navy; and
(ii) Such shore activities as may be assigned by the Secretary.
(2) The Chief of Naval Operations shall be responsible to the
Secretary of the Navy for the Utilization of resources by, and the
operating efficiency of, the Office of the Chief of Naval Operations,
the Operating Forces of the Navy and assigned shore activities.
[[Page 22]]
(c) In addition, the Chief of Naval Operations has the following
specific responsibilities:
(1) To organize, train, equip, prepare and maintain the readiness of
Navy forces, including those for assignment to unified or specified
commands, for the performance of military missions as directed by the
President, the Secretary of Defense or the Chairman of the Joint Chiefs
of Staff;
(2) To determine current and future requirements of the Navy (less
Fleet Marine Forces and other assigned Marine Corps forces) for
manpower, material, weapons, facilities and services, including the
determination of quantities, military performance requirements and
times, places and priorities of need;
(3) To exercise leadership in maintaining a high degree of
competence among Navy officer, enlisted and civilian personnel in
necessary fields of specialization, through education training and equal
opportunities for personal advancement, and maintaining the morale and
motivation of Navy personnel and the prestige of a Navy career;
(4) To plan and provide health care for personnel of the naval
service, their dependents and eligible beneficiaries;
(5) To direct the organization, administration, training and support
of the Naval Reserve;
(6) To inspect and investigate components of the Department of the
Navy to determine and maintain efficiency, discipline, readiness,
effectiveness and economy, except in those areas where such
responsibility rests with the Commandant of the Marine Corps;
(7) To determine the requirements of naval forces and activities, to
include requirements for research, development, test, and evaluation to
plan and provide for the conduct of test and evaluation which are
adequate and responsive to long range objectives, immediate
requirements, and fiscal limitations; and to provide assistance to the
Assistant Secretary of the Navy (Research, Development and Acquisition)
in the review and appraisal of the overall Navy program to ensure
fulfillment of stated requirements;
(8) To formulate Navy strategic plans and policies and participate
in the formulation of Joint and combined strategic plans and policies
and related command relationships; and
(9) Subject to guidance from the Assistant Secretary of the Navy
(Financial Management), to formulate budget proposals for the Office of
the Chief of Naval Operations, the Operating Forces of the Navy and
assigned shore activities, and other activities and programs as
assigned.
(d) The Chief of Naval Operations, under the direction of the
Secretary of the Navy, shall exercise overall authority throughout the
Department of the Navy in matters related to:
(1) The effectiveness of the support of the Operating Forces of the
Navy and assigned shore activities;
(2) The coordination and direction of assigned Navy wide programs
and functions, including those assigned by higher authority;
(3) Matters essential to naval military administration, such as:
(i) Security;
(ii) Intelligence;
(iii) Discipline;
(iv) Communications; and
(v) Matters related to the customs and traditions of the naval
service;
(4) Except for those areas wherein such responsibility rests with
the Commandant of the Marine Corps, the coordination of activities of
the Department of the Navy in matters concerning effectiveness,
efficiency and economy.
Sec. 700.406 Naval Vessel Register, classification of naval craft, and status of ships and service craft.
(a) The Chief of Naval Operations shall be responsible for the Naval
Vessel Register (except the Secretary of the Navy shall strike vessels
from the Register) and the assignment of classification for
administrative purposes to water borne craft and the designation of
status for each ship and service craft.
(b) Commissioned vessels and craft shall be called ``United States
Ship'' or ``U.S.S.''
(c) Civilian manned ships, of the Military Sealift Command or other
commands, designated ``active status, in service'' shall be called
``United States Naval Ship'' or ``U.S.N.S.''
[[Page 23]]
(d) Ships and service craft designated ``active status, in
service,'' except those described by paragraph (c) of this section,
shall be referred to by name, when assigned, classification, and hull
number (e.g., ``HIGHPOINT PCH-1'' or ``YOGN-8'').
(e) The Chief of Naval Operations shall designate hospital ships and
medical aircraft as he or she deems necessary. Such designation shall be
in compliance with the Geneva Convention for the Amelioration of the
Conditions of Wounded, Sick and Ship wrecked Members of the Armed Forces
at Sea of 12 August 1949. The Chief of Naval Operations shall ensure
compliance with the notice shall ensure compliance with the notice
provisions of that Convention.
Subpart E--The Commandant of the Marine Corps
Sec. 700.501 Precedence.
The Commandant of the Marine Corps, while so serving, has the grade
of general. In the performance of duties within the Department of the
Navy, the Commandant of the Marine Corps takes precedence above all
other officers of the Marine Corps, except an officer of the Marine
Corps who is serving as Chairman or Vice Chairman of the Joint Chiefs of
Staff.
Sec. 700.502 Succession.
When there is a vacancy in the office of Commandant of the Marine
Corps, or during the absence or disability of the Commandant:
(a) 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
(b) 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 most senior officer of the
Marine Corps in the Headquarters, Marine Corps, who is not absent or
disabled and who is not restricted in the 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 the Assistant Commandant ceases,
whichever occurs first.
Sec. 700.503 Statutory authority and responsibility of the Commandant of the Marine Corps.
(a) Except as otherwise prescribed by law and subject to the
statutory authority of the Secretary of the Navy to assign functions,
powers and duties, the Commandant of the Marine Corps performs duties
under the authority, direction and control of the Secretary of the Navy
and is directly responsible to the Secretary.
(b) Subject to the authority, direction and control of the Secretary
of the Navy, the Commandant of the Marine Corps shall:
(1) Preside over the Headquarters, Marine Corps;
(2) Transmit the plans and recommendations of the Headquarters,
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 statutory authority
assigned to commanders of unified or specified combatant commands, over
such of the members and organizations of the Navy and the Marine Corps
as the Secretary determines;
(5) Perform the duties prescribed for a member of the Armed Forces
Policy Council and other statutory duties; and
(6) Perform such other military duties, not otherwise assigned by
law, as are assigned to the Commandant of the Marine Corps by the
President, the Secretary of Defense or the Secretary of the Navy.
(c) The Commandant of the Marine Corps shall also perform the
statutory duties prescribed for a member of the Joint Chiefs of Staff.
(1) To the extent that such action does not impair the independence
of the Commandant of the Marine Corps in the performance of duties as a
member of the Joint Chiefs of Staff, the Commandant of the Marine Corps
shall
[[Page 24]]
inform the Secretary of the Navy regarding military advice rendered by
members of the Joint Chiefs of Staff on matters affecting the Department
of the Navy.
(2) Subject to the authority, direction and control of the Secretary
of Defense, the Commandant of the Marine Corps shall keep the Secretary
of the Navy fully informed of significant military operations affecting
the duties and responsibilities of the Secretary of the Navy.
Sec. 700.504 Statutory authority and responsibility of the Headquarters, Marine Corps.
(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.
(1) Under the authority, direction and control of the Secretary of
the Navy, the Headquarters, Marine Corps shall:
(i) Subject to Sec. 700.311(a), prepare for such employment of the
Marine Corps, and for such 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 Marine Corps, as will assist in
the execution of any power, duty or function of the Secretary or the
Commandant;
(ii) Investigate and report upon the efficiency of the Marine Corps
and its preparation to support military operations by combatant
commands;
(iii) Prepare detailed instructions for the execution of approved
plans and supervise the execution of those plans and instructions;
(iv) As directed by the Secretary or the Commandant, coordinate the
action of organizations of the Marine Corps; and
(v) Perform such other duties, not otherwise assigned by law, as may
be prescribed by the Secretary.
(2) [Reserved]
(b) 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.
Sec. 700.505 Delegated authority and responsibility.
(a)(1) Internal to the administration of the Department of the Navy,
the Commandant of the Marine Corps, consistent with the statutory
authority assigned to commanders of unified or specified combatant
commands, under the direction of the Secretary of the Navy, shall
command:
(i) The operating forces of the Marine Corps; and
(ii) Such shore activities as may be assigned by the Secretary.
(2) The Commandant shall be responsible to the Secretary of the Navy
for the utilization of resources by, and the operating efficiency of,
all commands and activities under such command.
(b) In addition, the Commandant has the following specific
responsibilities:
(1) To plan for and determine the needs of the Marine Corps for
equipment, weapons or weapons systems, materials, supplies, facilities,
maintenance, and supporting services. This responsibility includes the
determination of Marine Corps characteristics of equipment and material
to be procured or developed, and the training required to prepare Marine
Corps personnel for combat. It also includes the operation of the Marine
Corps Material Support System.
(2) Subject to guidance from the Assistant Secretary of the Navy
(Financial Management), to formulate budget proposals for the
Headquarters, Marine Corps, the Operating Forces of the Marine Corps,
and other activities and programs as assigned.
(3) To develop, in coordination with other military services, the
doctrines, tactics and equipment employed by landing forces in
amphibious operations.
(4) To formulate Marine Corps strategic plans and policies and
participate in the formulation of joint and combined strategic plans and
policies and related command relationships.
(5) To plan for and determine the present and future needs, both
quantitative and qualitative, for manpower,
[[Page 25]]
including reserve personnel and civilian personnel, of the United States
Marine Corps. This includes responsibility for leadership in maintaining
a high degree of competence among Marine Corps officer and enlisted
personnel and Marine Corps civilian personnel in necessary fields of
specialization through education, training and equal opportunities for
personal advancement; and for leadership in maintaining the morale and
motivation of Marine Corps personnel and the prestige of a career in the
Marine Corps.
Subpart F--The United States Coast Guard (When Operating as a Service in
the Navy)
Sec. 700.601 Relationship and operation as a service in the Navy.
(a) Upon the declaration of war or when the President directs, the
Coast Guard shall operate as a service in the Navy, and shall be subject
to the orders of the Secretary of the Navy. While so operating as a
service in the Navy, and to the extent practicable, Coast Guard
operations shall be integrated and uniform with Navy operation.
(b) Whenever the Coast Guard operates as a service in the Navy:
(1) Applicable appropriations of the Coast Guard to cover expenses
shall be available for transfer to the Department of the Navy and
supplemented, as required, from applicable appropriations of the
Department of the Navy;
(2) Personnel of the Coast Guard shall be eligible to receive
gratuities, medals and other insignia of honor on the same basis as
personnel in the naval service or serving in any capacity with the Navy;
and
(3) To the extent practicable, Coast Guard personnel, ships,
aircraft and facilities will be utilized as organized Coast Guard units.
Sec. 700.602 The Commandant of the Coast Guard.
(a) The Commandant of the Coast Guard is the senior officer of the
United States Coast Guard.
(b) When reporting to the Secretary of the Navy, the Commandant will
report to the Chief of Naval Operations.
(c) The Chief of Naval Operations shall represent the Coast Guard
before the Joint Chiefs of Staff.
Sec. 700.603 Duties and responsibilities.
In exercising command over the Coast Guard while operating as a
service of the Navy, the Commandant shall:
(a) Organize, train, prepare and maintain the readiness of the Coast
Guard to function as a specialized service in the Navy for the
performance of national defense missions, as directed;
(b) Plan for and determine the present and future needs of the Coast
Guard, both quantitative and qualitative, for personnel, including
reserve personnel;
(c) Budget for the Coast Guard, except as may be otherwise directed
by the Secretary of the Navy;
(d) Plan for and determine the support needs of the Coast Guard for
equipment, materials, weapons or combat systems, supplies, facilities,
maintenance and supporting services;
(e) Exercise essential military administration of the Coast Guard.
This includes, but is not limited to, such matters as discipline,
communications, personnel records and accounting, conforming, as
practicable, to Navy procedures;
(f) In conjunction with the Director of Naval Intelligence, and the
National Intelligence Community, where appropriate, establish and
maintain an intelligence and security capability to provide support for
the maritime defense zones, port security, narcotics interdiction, anti-
terrorist activity, fishery activity, pollution monitoring and other
Coast Guard missions;
(g) Enforce or assist in enforcing Federal laws on and under the
high seas and waters subject to the jurisdiction of the United States;
(h) Administer, promulgate and enforce regulations for the promotion
of safety of life and property on and under the high seas and waters
subject to the jurisdiction of the United States. This applies to those
matters not specifically delegated by law to some other executive
department;
[[Page 26]]
(i) Develop, establish, maintain and operate, with due regard to the
requirements of national defense, aids to maritime navigation, ice
breaking facilities, for the promotion of safety on, under and over the
high seas and waters subject to the jurisdiction of the United States;
(j) Engage in oceanographic surveys in conjunction with the Office
of the Oceanographer of the Navy; and
(k) Continue in effect under the Secretary of the Navy those other
functions, powers and duties vested in the Commandant by appropriate
orders and regulations of the Secretary of Transportation on the day
prior to the effective date of transfer of the Coast Guard to the
Department of the Navy until specifically modified or terminated by the
Secretary of the Navy.
Subpart G--Commanders In Chief and Other Commanders
Titles and Duties of Commanders
Sec. 700.701 Titles of commanders.
(a) The commander of a principal organization of the operating
forces of the Navy, as determined by the chief of Naval Operations, or
the officer who has succeeded to such command as provided elsewhere in
these regulations, shall have the title ``Commander in Chief.'' The name
of the organization under the command of such an officer shall be added
to form his or her official title.
(b) The commander of each other organization of units of the
operating forces of the Navy or marine corps, or organization of units
of shore activities, shall have the title ``Commander,'' ``Commandant,''
``Commanding General'' or other appropriate title. The name of the
organization under the command of such an officer shall be added to form
his or her official title.
Sec. 700.702 Responsibility and authority of commanders.
(a) Commanders shall be responsible for the satisfactory
accomplishment of the mission and duties assigned to their commands.
Their authority shall be commensurate with their responsibilities.
Normally, commanders shall exercise authority through their immediate
subordinate commanders, but they may communicate directly with any of
their subordinates.
(b) Commanders shall ensure that subordinate commands are fully
aware of the importance of strong, dynamic leadership and its
relationship to the overall efficiency and readiness of naval forces.
Commanders shall exercise positive leadership and actively develop the
highest qualities of leadership in persons with positions of authority
and responsibility throughout their commands.
(c) Subject to orders of higher authority, and subject to the
provisions of Sec. 700.106 of these regulations, commanders shall issue
such regulations and instructions as may be necessary for the proper
administration of their commands.
(d) Commanders shall hold the same relationship to their flagships,
or to shore activities of the command in which their headquarters may be
located, in regard to internal administration and discipline, as to any
other ship or shore activity of their commands.
Sec. 700.703 To announce assumption of command.
(a) Upon assuming command, commanders shall so advise appropriate
superiors, and the units of their commands.
(b) When appropriate, commanders shall also advise the following
officers and officials located within the area encompassed by the
command concerning their assumption of command.
(1) Senior commanders of other United States armed services;
(2) Officials of other federal agencies; and
(3) Officials of foreign governments.
Sec. 700.704 Readiness.
Commanders shall take all practicable steps to maintain their
commands in a state of readiness to perform their missions. In
conformity with the orders and policies of higher authority, they shall:
(a) Organize the forces and resources under their command and assign
duties to their principal subordinate commanders;
[[Page 27]]
(b) Prepare plans for the employment of their forces to meet
existing and foreseeable situations;
(c) Collaborate with the commanders of other United States armed
services and with appropriate officials of other federal agencies and
foreign governments located within the area encompassed by their
commands;
(d) Maintain effective intelligence and keep themselves informed of
the political and military aspects of the national and international
situation;
(e) Make, or cause to be made, necessary inspections to ensure the
readiness, effectiveness and efficiency of the components of their
commands; and
(f) Develop, in accordance with directives issued by higher
authority, training strategies and plans for their commands.
Sec. 700.705 Observance of international law.
At all times, commanders shall observe, and require their commands
to observe, the principles of international law. Where necessary to
fulfill this responsibility, a departure from other provisions of Navy
Regulations is authorized.
Sec. 700.706 Keeping immediate superiors informed.
Commanders shall keep their immediate superiors appropriately
informed of:
(a) The organization of their commands, the prospective and actual
movements of the units of their commands, and the location of their
headquarters;
(b) Plans for employment of their forces;
(c) The condition of their commands and of any required action
pertaining thereto which is beyond their capacity or authority;
(d) Intelligence information which may be of value;
(e) Any battle, engagement or other significant action involving
units of their commands;
(f) Any important service or duty performed by persons or units of
their commands; and
(g) Unexecuted orders and matters of interest upon being relieved of
command.
Staffs of Commanders
Sec. 700.710 Organization of a staff.
(a) The term ``staff'' means those officers and other designated
persons assigned to a commander to assist him or her in the
administration and operation of his or her command.
(b) The officer detailed as chief of staff and aide to a fleet
admiral or admiral normally shall be a vice admiral or a rear admiral.
The officer detailed as chief of staff and aide to a vice admiral or
rear admiral shall normally be a rear admiral or a captain. The
detailing of a vice commander or a deputy to a commander shall be
reserved for selected commanders. An officer detailed as chief staff
officer to another officer shall normally not be of the same grade as
that officer.
(c) The staff shall be organized into such divisions as may be
prescribed by the commander concerned or by higher authority. These
divisions shall conform in nature and designation, as practicable and as
appropriate, to those of the staffs of superiors.
(d) The staff of a flag or general officer may include one or more
personal aides.
Sec. 700.711 Authority and responsibilities of officers of a staff.
(a) The chief of staff and aide or chief staff officer, under the
commander, shall be responsible for supervising and coordinating the
work of the staff and shall be kept informed of all matters pertaining
to that work. All persons attached to the staff, except a vice commander
or deputy responsible directly to the commander shall be subordinate to
the chief of staff and aide or chief staff officer while he or she is
executing the duties of that office.
(b) The officers of a staff shall be responsible for the performance
of those duties assigned to them by the commander and shall advise the
commander on all matters pertaining thereto. In the performance of their
staff duties they shall have no command authority of their own. In
carrying out such duties, they shall act for, and in the name of, the
commander.
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Administration and Discipline
Sec. 700.720 Administration and discipline: Staff embarked.
In matters of general discipline, the staff of a commander embarked
and all enlisted persons serving with the staff shall be subject to the
internal regulations and routine of the ship. They shall be assigned
regular stations for battle and emergencies. Enlisted persons serving
with the staff shall be assigned to the ship for administration and
discipline, except in the case of a staff embarked for passage only, and
provided in that case that an organization exists and is authorized to
act for such purposes.
Sec. 700.721 Administration and discipline: Staff based ashore.
When a staff is based ashore, the enlisted persons serving with the
staff shall, when practicable, be assigned to an appropriated activity
for purposes of administration and discipline. The staff officers may be
similarly assigned. Members of a staff assigned for any purpose to a
command or activity shall conform in matters of general discipline to
the internal regulations and routine of that command or activity.
Sec. 700.722 Administration and discipline: Staff unassigned to an administrative command.
(a) When it is not practicable to assign enlisted persons serving
with the staff of a commander to an established activity for
administration and discipline, the commander may designate an officer of
the staff to act as the commanding officer of such persons and shall
notify the Judge Advocate General and the Commandant of the Marine
Corps, or the Chief of Naval Personnel, as appropriate, of such action.
(b) If the designating commander desires the commanding officer of
staff enlisted personnel to possess authority to convene courts-martial,
the commander should request the Judge Advocate General to obtain such
authorization from the Secretary of the Navy.
Sec. 700.723 Administration and discipline: Separate and detached command.
Any flag or general officer in command, any officer authorized to
convene general courts-martial, or the senior officer present may
designate organizations which are separate or detached commands. Such
officer shall state in writing that it is a separate or detached command
and shall inform the Judge Advocate General of the action taken. If
authority to convene courts-martial is desired for the commanding
officer or officer in charge of such separate or detached command, the
officer designating the organization as separate or detached shall
request the Judge Advocate general to obtain authorization from the
Secretary of the Navy.
Subpart H--The Commanding Officer
Commanding Officers in General
Sec. 700.801 Applicability.
In addition to commanding officers, the provisions of this chapter
shall apply, where pertinent, to aircraft commanders, officers in charge
(including warrant officers and petty officers when so detailed) and
those persons standing the command duty.
Sec. 700.802 Responsibility.
(a) The responsibility of the commanding officer for his or her
command is absolute, except when, and to the extent, relieved therefrom
by competent authority, or as provided otherwise in these regulations.
The authority of the commanding officer is commensurate with his or her
responsibility. While the commanding officer may, at his or her
discretion, and when not contrary to law or regulations, delegate
authority to subordinates for the execution of details, such delegation
of authority shall in no way relieve the commanding officer of his or
her continued responsibility for the safety, well-being, and efficiency
of the entire command.
[[Page 29]]
(b) A commanding officer who departs from his or her orders or
instructions, or takes official action which is not in accordance with
such orders or instructions, does so upon his or her own responsibility
and shall report immediately the circumstances to the officer from whom
the prior orders or instructions were received. Of particular importance
is the commanding officer's duty to take all necessary and appropriate
action in self-defense of the command.
(c) The commanding officer shall be responsible for economy within
his or her command. To this end the commanding officer shall require
from his or her subordinates a rigid compliance with the regulations
governing the receipt, accounting, and expenditure of public money and
materials, and the implementation of improved management techniques and
procedures.
(d) The commanding officer and his or her subordinates shall
exercise leadership through personal example, moral responsibility, and
judicious attention to the welfare of persons under their control or
supervision. Such leadership shall be exercised in order to achieve a
positive, dominant influence on the performance of persons in the
Department of the Navy.
Sec. 700.804 Organization of commands.
All commands and other activities of the Department of the Navy
shall be organized and administered in accordance with law, United
States Navy Regulations, and the orders of competent authority. All
orders and instructions of the commanding officer shall be in accordance
therewith.
Sec. 700.809 Persons found under incriminating circumstances.
(a) The commanding officer shall keep under restraint or
surveillance, as necessary, any person not in the armed services of the
United States who is found under incriminating or irregular
circumstances within the command, and shall immediately initiate an
investigation.
(b) Should an investigation indicate that such person is not a
fugitive from justice or has not committed or attempted to commit an
offense, he shall be released at the earliest opportunity, except:
(1) If not a citizen of the United States, and the place of release
is under the jurisdiction of the United States, the nearest federal
immigration authorities shall be notified as to the time and place of
release sufficiently in advance to permit them to take such steps as
they deem appropriate.
(2) Such persons shall not be released in territory not under the
jurisdiction of the United States without first obtaining the consent of
the proper foreign authorities, except where the investigation shows
that he entered the command from territory of the foreign state, or that
he is a citizen or subject of that state.
(c) If the investigation indicates that such person has committed or
attempted to commit an offense punishable under the authority of the
commanding officer, the latter shall take such action as he deems
necessary.
(d) If the investigation indicates that such a person is a fugitive
from justice, or has committed or attempted to commit an offense which
requires actions beyond the authority of the commanding officer, the
latter shall, at the first opportunity, deliver such person, together
with a statement of the circumstances, to the proper civil authorities.
(e) In all cases under paragraph (d) of this section, a report shall
be made promptly to the Chief of Naval Operations or the Commandant of
the Marine Corps, as appropriate.
Sec. 700.810 Rules for visits.
(a) Commanding officers are responsible for the control of visitors
to their commands and shall comply with the relevant provisions of
Department of the Navy concerning classified information and physical
security.
(b) Commanding officers shall take such measures and impose such
restrictions on visitors as are necessary to safeguard the classified
material under their jurisdiction. Arrangements for general visiting
shall always be made with due regard for physical security and based on
the assumption that foreign agents will be among the visitors.
[[Page 30]]
(c) Commanding officers and others officially concerned shall
exercise reasonable care to safeguard the persons and property of
visitors to naval activities as well as taking those necessary
precautions to safeguard the persons and property within the command.
Sec. 700.811 Dealers, tradesmen, and agents.
(a) In general, dealers or tradesmen or their agents shall not be
admitted within a command, except as authorized by the commanding
officer:
(1) To conduct public business;
(2) To transact specific private business with individuals at the
request of the latter; or
(3) To furnish services and supplies which are necessary and are not
otherwise, or are insufficiently, available to the personnel of the
command.
(b) Personal commercial solicitation and the conduct of commercial
transactions are governed by policies of the Department of Defense.
Sec. 700.812 Postal matters.
Commanding officers shall ensure that mail and postal funds are
administered in accordance with instructions issued by the Postmaster
General and approved for the naval service by the Chief of Naval
Operations, and instructions issued by the Chief of Naval Operations,
the Chief of Naval Personnel, or the Commandant of the Marine Corps, as
appropriate; and that postal clerks or other persons authorized to
handle mail perform their duties strictly in accordance with those
instructions.
Sec. 700.815 Deaths.
The commanding officer, in the event of the death of any person
within his or her command, shall ensure that the cause of death and the
circumstances under which death occurred are established, that the
provisions of the Manual of the Judge Advocate General are adhered to in
documenting the cause and circumstances, and that the appropriate
casualty report is submitted.
Sec. 700.816 The American National Red Cross.
(a) Pursuant to the request of the Secretary of the Navy, and
subject to such instructions as the Secretary may issue, the American
National Red Cross is authorized to conduct a program of welfare,
including social, financial, medical and dental aid, for naval
personnel; to assist in matters pertaining to prisoners of war; and to
provide such other services as are appropriate functions for the Red
Cross. The American National Red Cross is the only volunteer society
authorized by the Government to render medical and dental aid to the
armed forces of the United States. Other organizations desiring to
render medical and dental aid may do so only through the Red Cross.
(b) Requests for Red Cross services shall be made to the Chief of
Naval Personnel or the Commandant of the Marine Corps or, in the case of
medical services, to the Commander, Naval Medical Command.
(c) Activities and personnel of the American National Red Cross in
areas subject to naval jurisdiction shall conform to such administrative
regulations as may be prescribed by appropriate naval authority.
(d) Red Cross personnel shall be considered to have the status of
commissioned officers, subject to such restrictions as may be imposed by
the Chief of Naval Personnel or the Commandant of the Marine Corps.
Sec. 700.819 Records.
The commanding officer shall require that records relative to
personnel, material and operations, as required by current instructions,
are maintained properly by those responsible therefor.
Sec. 700.822 Delivery of personnel to civil authorities and service of subpoena or other process.
(a) Commanding officers or other persons in authority shall not
deliver any person in the naval service to civil authorities except as
provided by the Manual of the Judge Advocate General.
(b) Commanding officers are authorized to permit the service of
subpoenas or other process as provided by the Manual of the Judge
Advocate General.
Sec. 700.826 Physical security.
(a) The commanding officer shall take appropriate action to
safeguard
[[Page 31]]
personnel, to prevent unauthorized access to installations, equipment,
materials and documents, and to safeguard them against acts of sabotage,
damage, theft, or terrorism.
(b) The commanding officer shall take action to protect and maintain
the security of the command against dangers from fire, windstorms, or
other acts of nature.
Sec. 700.827 Effectiveness for service.
The commanding officer shall:
(a) Exert every effort to maintain the command in a state of maximum
effectiveness for war or other service consistent with the degree of
readiness as may be prescribed by proper authority. Effectiveness for
service is directly related to the state of personnel and material
readiness; and
(b) Make him or herself aware of the progress of any repairs, the
status of spares, repair parts and other components, personnel readiness
and other factors or conditions that could lessen the effectiveness of
his or her command. When the effectiveness is lessened appreciably, that
fact shall be reported to appropriate superiors.
Sec. 700.828 Search by foreign authorities.
(a) The commanding officer shall not permit a ship under his or her
command to be searched on any pretense whatsoever by any person
representing a foreign state, nor permit any of the personnel within the
confines of his or her command to be removed from the command by such
person, so long as he has the capacity to repel such act. If force
should be exerted to compel submission, the commanding officer is to
resist that force to the utmost of his or her power.
(b) Except as may be provided by international agreement, the
commanding officer of a shore activity shall not permit his or her
command to be searched by any person representing a foreign state, nor
permit any of the personnel within the confines of his or her command to
be removed from the command by such person, so long as he or she has the
power to resist.
Sec. 700.832 Environmental pollution.
The commanding officer shall cooperate with Federal, state and local
governmental authorities in the prevention, control and abatement of
environmental pollution. If the requirements of any environmental law
cannot be achieved because of operational considerations, insufficient
resources or other reason, the commanding officer shall report to the
immediate superior in the chain of command. The commanding officer shall
be aware of existing policies regarding pollution control, and should
recommend remedial measures when appropriate.
Sec. 700.834 Care of ships, aircraft, vehicles and their equipment.
The commanding officer shall cause such inspections and tests to be
made and procedures carried out as are prescribed by competent
authority, together with such others as he or she deems necessary, to
ensure the proper preservation, repair, maintenance and operation of any
ship, aircraft, vehicle, and their equipment assigned to his or her
command.
Sec. 700.835 Work, facilities, supplies, or services for other Government departments, State or local governments, foreign governments, private parties and
morale, welfare, and recreational activities.
(a) Work may be done for or on facilities, supplies, or services
furnished to departments and agencies of the Federal and State
governments, local governments, foreign governments, private parties,
and morale, welfare, and recreational activities with the approval of a
commanding officer provided:
(1) The cost does not exceed limitations the Secretary of the Navy
may approve or specify; and
(2) In the case of private parties, it is in the interest of the
government to do so and there is no issue of competition with private
industry; and
(3) In the case of foreign governments, a disqualification of a
government has not been issued for the benefits of this article.
(b) Work shall not be started nor facilities, supplies, or services
furnished
[[Page 32]]
morale, welfare, and recreational activities not classified as
instrumentalities of the United States, or state or local governments or
private parties, until funds to cover the estimated cost have been
deposited with the commanding officer or unless otherwise provided by
law.
(c) Work shall not be started, nor facilities, supplies, or services
furnished other Federal Government departments and agencies, or expenses
charged to non-appropriated funds of morale, welfare and recreational
activities classified as instrumentalities of the United States, until
reimbursable funding arrangements have been made.
(d) Work, facilities, supplies, or services furnished non-
appropriated fund activities classified as instrumentalities of the
United States in the Navy Comptroller Manual shall be funded in
accordance with regulations of the Comptroller of the Navy.
(e) Supplies or services may be furnished to naval vessels and
military aircraft of friendly foreign governments (unless otherwise
provided by law or international treaty or agreement):
(1) On a reimbursable basis without an advancement of funds, when in
the best interest of the United States:
(i) Routine port services (including pilotage, tugs, garbage
removal, linehandling and utilities) in territorial waters or waters
under United States control.
(ii) Routine airport services (including air traffic control,
parking, servicing and use of runways).
(iii) Miscellaneous supplies (including fuel, provisions, spare
parts, and general stores) but not ammunition. Supplies are subject to
approval of the cognizant fleet or force commanders when provided
overseas.
(iv) With approval of Chief of Naval Operations in each instance,
overhauls, repairs, and alterations together with necessary equipment
and its installation required in connection therewith, to vessels and
military aircraft.
(2) Routine port and airport services may be furnished at no cost to
the foreign government concerned where such services are provided by
persons of the naval service without direct cost to the Department of
the Navy.
(f) In cases of emergency involving possible loss of life or
valuable property, work may be started or facilities furnished prior to
authorization, or provision for payment, but in all such cases a
detailed report of the facts and circumstances shall be made promptly to
the Secretary of the Navy or the appropriate authority.
(g) Charges and accounting for any work, supplies, or services shall
be as prescribed in the Navy Comptroller Manual.
Commanding Officers Afloat
Sec. 700.840 Unauthorized persons on board.
The commanding officer shall satisfy him or herself that there is no
unauthorized person on board before proceeding to sea or commencing a
flight.
Sec. 700.841 Control of passengers.
(a) Control of passage in and protracted visits to aircraft and
ships of the Navy by all persons, within or without the Department of
the Navy, shall be exercised by the Chief of Naval Operations.
(b) Nothing in this section shall be interpreted as prohibiting the
senior officer present from authorizing the passage in ships and
aircraft of the Navy by such persons as he or she judges necessary in
the public interest or in the interest of humanity. The senior officer
present shall report the circumstances to the Chief of Naval Operations
when he or she gives such authorization.
Sec. 700.842 Authority over passengers.
Except as otherwise provided in these regulations or in orders from
competent authority, all passengers in a ship or aircraft of the naval
service are subject to the authority of the commanding officer and shall
conform to the internal regulations and routine of the ship or aircraft.
The commanding officer of such ship or aircraft shall take no
disciplinary action against a passenger not in the naval service, other
than that authorized by law. The commanding officer may, when he or
[[Page 33]]
she deems such an action to be necessary for the safety of the ship or
aircraft or of any persons embarked, subject a passenger not in the
naval service to such restraint as the circumstances require until such
time as delivery to the proper authorities is possible. A report of the
matter shall be made to an appropriate superior of the passenger.
Sec. 700.844 Marriages on board.
The commanding officer shall not perform a marriage ceremony on
board his or her ship or aircraft. He or she shall not permit a marriage
ceremony to be performed on board when the ship or aircraft is outside
the territory of the United States, except:
(a) In accordance with local laws and the laws of the state,
territory, or district in which the parties are domiciled, and
(b) In the presence of a diplomatic or consular official of the
United States, who has consented to issue the certificates and make the
returns required by the consular regulations.
Sec. 700.845 Maintenance of logs.
(a) A deck log and an engineering log shall be maintained by each
ship in commission, and by such other ships and craft as may be
designated by the Chief of Naval Operations.
(b) A compass record shall be maintained as an adjunct to the deck
log. An engineer's bell book shall be maintained as an adjunct to the
engineering log.
(c) The Chief of Naval Operations shall prescribe regulations
governing the contents and preparation of the deck and engineering logs
and adjunct records.
(d) In the case of a ship or craft equipped with automated data
logging equipment, the records generated by such equipment satisfy the
requirements of this section.
Sec. 700.846 Status of logs.
The deck log, the engineering log, the compass record, the bearing
hooks, the engineer's bell book, and any records generated by automated
data logging equipment shall each constitute an official record of the
command.
Sec. 700.847 Responsibility of a master of an in-service ship of the Military Sealift Command.
(a) In an in-service ship of the Military Sealift Command, the
master's responsibility is absolute, except when, and to the extent,
relieved therefrom by competent authority. The authority of the master
is commensurate with the master's responsibility. The master is
responsible for the safety of the ship and all persons on board. He or
she is responsible for the safe navigation and technical operation of
the ship and has paramount authority over all persons on board. He or
she is responsible for the preparation of the abandon ship bill and has
exclusive authority to order the ship abandoned. The master may, using
discretion, and when not contrary to law or regulation, delegate
authority for operation of shipboard functions to competent
subordinates. However, such delegation of authority shall in no way
relieve the master of continued responsibility for the safety, well-
being, and efficiency of the ship.
(b) All orders and instructions of the master shall be in accordance
with appropriate laws of the United States, and all applicable orders
and regulations of the Navy, Military Sealift Command, and the Office of
Personnel Management. A master who departs from the orders or
instructions of competent authority or takes official action contrary to
such orders or instructions, shall report immediately the circumstances
to the authority from whom the prior orders or instructions were
received.
Sec. 700.848 Relations with merchant seamen.
When in foreign waters, the commanding officer, with the approval of
the senior officer present, may receive on board as supernumeraries for
rations and passage:
(a) Distressed seamen of the United States for passage to the United
States, provided they bind themselves to be amenable in all respects to
Navy Regulations.
(b) As prisoners, seamen from merchant vessels of the United States,
provided that the witnesses necessary to substantiate the charges
against them
[[Page 34]]
are received, or adequate means adopted to ensure the presence of such
witnesses on arrival of the prisoners at the place where they are to be
delivered to the civil authorities.
Sec. 700.855 Status of boats.
(a) Boats shall be regarded in all matters concerning the rights,
privileges and comity of nations as part of the ship or aircraft to
which they belong.
(b) In ports where war, insurrection or armed conflict exists or
threatens, the commanding officer shall:
(1) Require that boats away from the ship or aircraft have some
appropriate and competent person in charge; and
(2) See that steps are taken to make their nationality evident at
all times.
Sec. 700.856 Pilotage.
(a) The commanding officer shall:
(1) Pilot the ship under all ordinary circumstances, but he may
employ pilots whenever, in his or her judgment such employment is
prudent;
(2) Not call a pilot on board until the ship is ready to proceed;
(3) Not retain a pilot on board after the ship has reached her
destination or a point where the pilot is no longer required;
(4) Give preference to licensed pilots; and
(5) Pay pilots no more than the local rates.
(b) A pilot is merely an adviser to the commanding officer. The
presence on board of a pilot shall not relieve the commanding officer or
any subordinate from his or her responsibility for the proper
performance of the duties with which he or she may be charged concerning
the navigation and handling of the ship. For an exception to the
provisions of this paragraph, see ``Rules and Regulations Covering
Navigation of the Panama Canal and Adjacent Waters,'' (35 CFR Chapter I,
subchapter C) which directs that the pilot assigned to a vessel in those
waters shall have control of the navigation and movement of the vessel.
Also see the provisions of these regulations concerning the navigation
of ships at a naval shipyard or station, or in entering or leaving
drydock.
Sec. 700.857 Safe navigation and regulations governing operation of ships and aircraft.
(a) The commanding officer is responsible for the safe navigation of
his or her ship or aircraft, except as prescribed otherwise in these
regulations for ships at a naval shipyard or station, in drydock, or in
the Panama Canal. During an armed conflict, an exercise simulating armed
conflict, or an authorized law enforcement activity, competent authority
may modify the use of lights or other safeguards against collision.
Except in time of actual armed conflict, such modifications will be
authorized only when ships or aircraft clearly will not be hazarded.
(b) Professional standards and regulations governing shiphandling,
safe navigation, safe anchoring and related operational matters shall be
promulgated by the Chief of Naval Operations.
(c) Professional standards and regulations governing the operation
of naval aircraft and related matters shall be promulgated by the Chief
of Naval Operations or the Commandant of the Marine Corps, as
appropriate.
(d) The Commanding Officer is responsible for ensuring that weather
and oceanic effects are considered in the effective and safe operation
of his or her ship or aircraft.
Sec. 700.859 Quarantine.
(a) The commanding officer or aircraft commander of a ship or
aircraft shall comply with all quarantine regulations and restrictions,
United States or foreign, for the port or area within which the ship or
aircraft is located.
(b) The commanding officer shall give all information required by
authorized foreign officials, insofar as permitted by military security,
and will meet the quarantine requirements promulgated by proper
authority for United States or foreign ports. However, nothing in this
section shall be interpreted as authorizing commanding officers to
permit on board inspections by foreign officials, or to modify in any
manner the provisions of Sec. 700.828 of these regulations.
(c) The commanding officer shall allow no intercourse with a port or
area or with other ships or aircraft
[[Page 35]]
until after consultation with local health authorities when:
(1) Doubt exists as to the sanitary regulations or health conditions
of the port or area;
(2) A quarantine condition exists aboard the ship or aircraft;
(3) Coming from a suspected port or area, or one actually under
quarantine.
(d) No concealment shall be made of any circumstance that may
subject a ship or aircraft of the Navy to quarantine.
(e) Should there appear at any time on board a ship or aircraft
conditions which present a hazard of introduction of a communicable
disease outside the ship or aircraft, the commanding officer or aircraft
commander shall at once report the fact to the senior officer present,
to other appropriate higher authorities and, if in port, to the health
authorities having quarantine jurisdiction. The commanding officer or
aircraft commander shall prevent all contracts likely to spread disease
until pratique is received. The commanding officer of a ship in port
shall hoist the appropriate signal.
Sec. 700.860 Customs and immigration inspections.
(a) The commanding officer or aircraft commander shall facilitate
any proper examination which it may be the duty of a customs officer or
immigration officer of the United States to make on board the ship or
aircraft. The commanding officer or air craft commander shall not permit
a foreign customs officer or an immigration officer to make any
examination whatsoever, except as hereinafter provided, on board the
ship, aircraft or boats under his or her command.
(b) When a ship or aircraft of the Navy or a public vessel manned by
naval personnel and operating under the direction of the Department of
the Navy is carrying cargo for private commercial account, such cargo
shall be subject to the local customs regulations of the port, domestic
or foreign, in which the ship or aircraft may be, and in all matters
relating to such cargo, the procedure prescribed for private merchant
vessels and aircraft shall be followed. Government-owned stores or cargo
in such ship or aircraft not landed nor intended to be landed nor in any
manner trafficked in, are, by the established precedent of international
courtesy, exempt from customs duties, but a declaration of such stores
or cargo, when required by local customs regulations, shall be made.
Commanding officers shall prevent, as far as possible, disputes with the
local authorities in such cases, but shall protect the ship or aircraft
and the Government-owned stores and cargo from any search or seizure.
(c) Upon arrival from a foreign country, at the first port of entry
in United States territory, the commanding officer, or the senior
officer of ships or aircraft in company, shall notify the collector of
the port. Each individual aboard shall, in accordance with customs
regulations, submit a list of articles purchased or otherwise acquired
by him abroad. Dutiable articles shall not be landed until the customs
officer has completed his inspection.
(d) Commanding officers of naval vessels and aircraft transporting
United States civilian and foreign military and civilian passengers
shall satisfy themselves that the passenger clearance requirements of
the Immigration and Naturalization Service are complied with upon
arrival at points within the jurisdiction of the United States.
Clearance for such passengers by an immigration officer is necessary
upon arrival from foreign ports and at the completion of movements
between any of the following: Continental United States (including
Alaska and Hawaii), the Canal Zone, Puerto Rico, Virgin Islands, Guam,
American Samoa, or other outlying places subject to United States
jurisdiction. Commanding officers, prior to arriving, shall advise the
cognizant naval or civilian port authority of the aforementioned
passengers aboard and shall detain them for clearance as required by the
Immigration and Naturalization Service.
(e) The provisions of this section shall not be construed to require
delaying the movements of any ship or aircraft of the Navy in the
performance of her assigned duty.
[[Page 36]]
Special Circumstances/Ships in Naval Stations and Shipyards
Sec. 700.871 Responsibility for safety of ships and craft at a naval station or shipyard.
(a) The commanding officer of a naval station or shipyard shall be
responsible for the care and safety of all ships and craft at such
station or shipyard not under a commanding officer or assigned to
another authority, and for any damage that may be done by or to them. In
addition, the commanding officer of a naval station or shipyard shall be
responsible for the safe execution of work performed by that activity
upon any ship located at the activity.
(b) It shall be the responsibility of the commanding officer of a
ship in commission which is undergoing overhaul, or which is otherwise
immobilized at a naval station or shipyard, to request such services as
are necessary to ensure the safety of the ship. The commanding officer
of the naval station or shipyard shall be responsible for providing
requested services in a timely and adequate manner.
(c) When a ship or craft not under her own power is being moved by
direction of the commanding officer of a naval station or shipyard, that
officer shall be responsible for any damage that may result therefrom.
The pilot or other person designated for the purpose shall be in direct
charge of such movement, and all persons on board shall cooperate with
and assist the pilot as necessary. Responsibility for such actions in a
private shipyard will be assigned by contract to the contractor.
(d) When a ship operating under her own power is being drydocked,
the commanding officer shall be fully responsible for the safety of his
ship until the extremity of the ship first to enter the drydock reaches
the dock sill and the ship is pointed fair for entering the drydock. The
docking officer shall then take charge and complete the docking,
remaining in charge until the ship has been properly landed, bilge
blocks hauled, and the dock pumped down. In undocking, the docking
officer shall assume charge when flooding the dock preparatory to
undocking is started, and shall remain in charge until the extremity of
the ship last to leave the dock clears the sill, and the ship is pointed
fair for leaving the drydock, when the ship's commanding officer shall
assume responsibility for the safety and control of the ship.
(e) When a naval ship is to be drydocked in a private shipyard under
a contract being administered by a supervisor of shipbuilding, the
responsibilities of the commanding officer are the same as in the case
of drydocking in a naval shipyard. The responsibilities for the safety
of the actual drydocking, normally assigned to the commanding officer of
a naval shipyard through the docking officer, will be assigned by
contract to the contractor. The supervisor of shipbuilding is
responsible, however, for ensuring that the contractor facilities,
methods, operations, and qualifications meet the standards of efficiency
and safety prescribed by Navy directives.
(f) If the ship is elsewhere than at a naval station or shipyard,
the relationship between the commanding officer and the supervisor of
shipbuilding, or other appropriate official, shall be the same as that
between the commanding officer and the commanding officer of a naval
station or naval shipyard as specified in this article.
Sec. 700.872 Ships and craft in drydock.
(a) The commanding officer of a ship in drydock shall be responsible
for effecting adequate closure, during such periods as they will be
unattended, of all openings in the ship's bottom upon which no work is
being undertaken by the docking activity. The commanding officer of the
docking activity shall be responsible for the closing, at the end of
working hours, of all valves and other openings in the ship's bottom
upon which work is being undertaken by the docking activity, when such
closing is practicable.
(b) Prior to undocking, the commanding officer of a ship shall
report to the docking officer any material changes in the amount and
location of weights on board which have been made by the ship's force
while in dock, and shall ensure, and so report, that all sea valves and
other openings in the ship's bottom are properly closed. The level of
water in the dock shall not be
[[Page 37]]
permitted to rise above the keel blocks prior to receipt of this report.
The above valves and openings shall be tended during flooding of the
dock.
(c) When a ship or craft, not in commission, is in a naval drydock,
the provisions of this article shall apply, except that the commanding
officer of the docking activity or his representative shall act in the
capacity of the commanding officer of the ship or craft.
(d) When a naval ship or craft is in drydock in a private shipyard,
responsibility for actions normally assigned by the commanding officer
of the docking activity will be assigned by contract to the contractor.
Sec. 700.873 Inspection incident to commissioning of ships.
When a ship is to be commissioned, the authority designated to place
such ship in commission shall, just prior to commissioning, cause an
inspection to be made to determine the cleanliness and readiness of the
ship to receive its crew and outfit. In the case of the delivery of a
ship by a contractor, the above inspection shall precede acceptance of
the ship. A copy of the report of this inspection shall be furnished the
officer detailed to command the ship and to appropriate commands.
Special Circumstances/Prospective Commanding Officers
Sec. 700.880 Duties of the prospective commanding officer of a ship.
(a) Except as may be prescribed by the Chief of Naval Operations,
the prospective commanding officer of a ship not yet commissioned shall
have no independent authority over the preparation of the ship for
service by virtue of his assignment to such duty, until the ship is
commissioned and placed under his or her command. The prospective
commanding officer shall:
(1) Procure from the commander of the naval shipyard or the
supervisor of shipbuilding the general arrangement plans of the ship,
and all pertinent information relative to the general condition of the
ship and the work being undertaken on the hull, machinery and equipment,
upon reporting for duty;
(2) Inspect the ship as soon after reporting for duty as
practicable, and frequently thereafter, in order to keep him or herself
informed of the state of her preparation for service. If, during the
course of these inspections he or she notes an unsafe or potentially
unsafe condition, he or she shall report such fact to the commander of
the naval shipyard or the supervisor of shipbuilding and to his or her
superior for resolution;
(3) Keep him or herself informed as to the progress of the work
being done, including tests of equipment, and make such recommendations
to the commander of the naval shipyard or the supervisor of shipbuilding
as he or her she deems appropriate;
(4) Ensure that requisitions are submitted for articles to outfit
the ship which are not otherwise being provided;
(5) Prepare the organization of the ship;
(6) Train the nucleus crew to effectively and efficiently take
charge of and operate the ship upon commissioning; and
(7) Make such reports as may be required by higher authority, and
include therein a statement of any deficiency in material or personnel.
(b) If the prospective commanding officer does not consider the ship
in proper condition to be commissioned at the time the commander of the
naval shipyard or the supervisor of shipbuilding signifies his intention
of transferring the ship to the prospective commanding officer, he or
she shall report that conclusion with his reasons therefor, in writing,
to the commander of the naval shipyard or the supervisor of shipbuilding
and to the appropriate higher authority.
(c) If the ship is elsewhere than at a naval shipyard, the
relationship between the prospective commanding officer and the
supervisor of shipbuilding, or other appropriate official, shall be the
same as that between the prospective commanding officer and the
commander of a naval shipyard as specified in this article.
(d) The Chief of Naval Operations shall be responsible for providing
the commanding officer or prospective commanding officer of a naval
nuclear
[[Page 38]]
powered ship with the authority and direction necessary to carry out his
or her responsibilities.
Subpart I--The Senior Officer Present
Contents
Sec. 700.901 The senior officer present.
Unless some other officer has been so designated by competent
authority, the ``senior officer present'' is the senior line officer of
the Navy on active duty, eligible for command at sea, who is present and
in command of any part of the Department of the Navy in the locality or
within an area prescribed by competent authority, except where personnel
of both the Navy and the Marine Corps are present on shore and the
officer of the Marine Corps who is in command is senior to the senior
line officer of the Navy. In such cases, the officer of the Marine Corps
shall be the senior officer present on shore.
Sec. 700.902 Eligibility for command at sea.
All officers of the line of the Navy, including Naval Reserve, on
active duty, except those designated for the performance of engineering,
aeronautical engineering or special duties, and except those limited
duty officers who are not authorized to perform all deck duties afloat,
are eligible for command at sea.
Sec. 700.903 Authority and responsibility.
At all times and places not excluded in these regulations, or in
orders from competent authority, the senior officer present shall assume
command and direct the movements and efforts of all persons in the
Department of the Navy present, when, in his or her judgment, the
exercise of authority for the purpose of cooperation or otherwise is
necessary. The senior officer present shall exercise this authority in a
manner consistent with the operational command responsibility vested in
the commanders of unified or specified commands.
Sec. 700.904 Authority of senior officer of the Marine Corps present.
The authority and responsibility of the senior officer present are
also conferred upon the senior commanding officer of the Marine Corps
present with respect to those units of the Marine Corps, including Navy
personnel attached, which are in the locality and not under the
authority of the senior officer present.
Sec. 700.922 Shore patrol.
(a) When liberty is granted to any considerable number of persons,
except in an area that can absorb them without danger of disturbance or
disorder, the senior officer present shall cause to be established,
temporarily or permanently, in charge of an officer, a sufficient patrol
of officers, petty officers, and noncommissioned officers to maintain
order and suppress any unseemly conduct on the part of any person on
liberty. The senior patrol officer shall communicate with the chief of
police or other local officials and make such arrangements as may be
practicable to aid the patrol in carrying out its duties properly. Such
duties may include providing assistance to military personnel in
relations with civil courts and police, arranging for release of service
personnel from civil authorities to the parent command, and providing
other services that favorably influence discipline and morale.
(b) A patrol shall not be landed in any foreign port without first
obtaining the consent of the proper local officials. Tact must be used
in requesting permission; and, unless it is given willingly and
cordially, the patrol shall not be landed. If consent cannot be
obtained, the size of liberty parties shall be held to such limits as
may be necessary to render disturbances unlikely.
(c) Officers and enlisted personnel on patrol duty in a foreign
country normally should not be armed. In the United States, officers and
men may be armed as prescribed by the senior officer present.
(d) No officer or enlisted person who is a member of the shore
patrol or beach guard, or is assigned in support thereof, shall partake
of or indulge in any form of intoxicating beverage or
[[Page 39]]
other form of intoxicant while on duty, on post, or at other times
prescribed by the senior patrol officer. The senior patrol officer shall
ensure that the provisions of this paragraph are strictly observed and
shall report promptly in writing to the senior officer present all
violations of these provisions that may come to his or her notice. All
officers and enlisted personnel of the patrol shall report to the senior
patrol officer all violations of the provisions of this paragraph on the
part of those under them.
Sec. 700.923 Precautions for health.
The senior officer present shall take precautions to preserve the
health of the persons under his or her authority. He or she shall obtain
information regarding the healthfulness of the area and medical
facilities available therein and shall adopt such measures as are
required by the situation.
Sec. 700.924 Medical or dental aid to persons not in the naval service.
The senior officer present may require the officers of the Medical
Corps and Dental Corps under his or her authority to render emergency
professional aid to persons not in the naval service when such aid is
necessary and demanded by the laws of humanity or the principles of
international courtesy.
Sec. 700.934 Exercise of power of consul.
When upon the high seas or in any foreign port where there is no
resident consul of the United States, the senior officer present afloat
has the authority to exercise all powers of a consul in relation to
mariners of the United States.
Sec. 700.939 Granting of asylum and temporary refuge.
(a) If an official of the Department of the Navy is requested to
provide asylum or temporary refuge, the following procedures shall
apply:
(1) On the high seas or in territories under exclusive United States
jurisdiction (including territorial seas, the Commonwealth of Puerto
Rico, territories under United States administration, and possessions):
(i) At his or her request, an applicant for asylum will be received
on board any naval aircraft or waterborne craft, Navy or Marine Corps
activity or station.
(ii) Under no circumstances shall the person seeking asylum be
surrendered to foreign jurisdiction or control, unless at the personal
direction of the Secretary of the Navy or higher authority. Persons
seeking political asylum should be afforded every reasonable care and
protection permitted by the circumstances.
(2) In territories under foreign jurisdiction (including foreign
territorial seas, territories, and possessions):
(i) Temporary refuge shall be granted for humanitarian reasons on
board a naval aircraft or waterborne craft, Navy or Marine Corps
activity or station, only in extreme or exceptional circumstances
wherein life or safety of a person is put in imminent danger, such as
pursuit by a mob. When temporary refuge is granted, such protection
shall be terminated only when directed by the Secretary of the Navy or
higher authority.
(ii) A request by foreign authorities for return of custody of a
person under the protection of temporary refuge will be reported to the
CNO or Commandant of the Marine Corps. The requesting foreign
authorities will be informed that the case has been referred to higher
authorities for instructions.
(iii) Persons whose temporary refuge is terminated will be released
to the protection of the authorities designated in the message
authorizing release.
(iv) While temporary refuge can be granted in the circumstances set
forth above, permanent asylum will not be granted.
(v) Foreign nationals who request assistance in forwarding requests
for political asylum in the United States will not be received on board,
but will be advised to apply in person at the nearest American Embassy
or Consulate. If a foreign national is already on board, however, such
person will not be surrendered to foreign jurisdiction or control unless
at the personal direction of the Secretary of the Navy.
(3) The Chief of Naval Operations or Commandant of the Marine Corps,
as
[[Page 40]]
appropriate, will be informed by the most expeditious means of all
action taken pursuant to paragraphs (a)(1)(i) and (a)(1)(ii) of this
section, as well as the attendant circumstances. Telephone or voice
communications will be used where possible, but must be confirmed as
soon as possible with an immediate precedence message, information to
the Secretary of State (for actions taken pursuant to paragraphs
(a)(2)(i) and (a)(2)(v) of this section, also make the appropriate
American Embassy or Consular Office an information addressee). If
communication by telephone or voice is not possible, notification will
be effected by an immediate precedence message, as described above. The
Chief of Naval Operations or Commandant of the Marine Corps will cause
the Secretary of the Navy and the Deputy Director for Operations of the
National Military Command Center to be notified without delay.
(b) Personnel of the Department of the Navy shall neither directly
nor indirectly invite persons to seek asylum or temporary refuge.
Subpart J--Precedence, Authority and Command
Authority
Sec. 700.1020 Exercise of authority.
(a) All persons in the naval service on active service, and those on
the retired list with pay, and transferred members of the Fleet Reserve
and the Fleet Marine Corps Reserve, are at all times subject to naval
authority. While on active service they may, if not on leave of absence
except as noted below, on the sick list, taken into custody, under
arrest, suspended from duty, in confinement or otherwise incapable of
discharging their duties, exercise authority over all persons who are
subordinated to them.
(b) A person in the naval service, although on leave, may exercise
authority:
(1) When in a naval ship or aircraft and placed on duty by the
commanding officer or aircraft commander.
(2) When in a ship or aircraft of the armed services of the United
States, other than a naval ship or aircraft, as the commanding officer
of naval personnel embarked, or when placed on duty by such officer.
(3) When senior officer at the scene of a riot or other emergency,
or when placed on duty by such officer.
Sec. 700.1026 Authority of an officer who succeeds to command.
(a) An officer who succeeds to command due to incapacity, death,
departure on leave, detachment without relief or absence due to orders
from competent authority of the officer detailed to command, has the
same authority and responsibility as the officer whom he or she
succeeds.
(b) An officer who succeeds to command during the temporary absence
of the commanding officer shall make no changes in the existing
organization, and shall endeavor to have the routine and other affairs
of the command carried on in the usual manner.
(c) When an officer temporarily succeeding to command signs official
correspondence, the word ``Acting'' shall appear below his or her
signature.
Sec. 700.1038 Authority of a sentry.
A sentry, within the limits stated in his or her orders, has
authority over all persons on his or her post.
Detail to Duty
Sec. 700.1052 Orders to active service.
(a) No person who is on leave of absence or not on active service
shall be ordered into active service or on duty without permission of
the Commandant of the Marine Corps, or the Chief of Naval Personnel, as
appropriate, except:
(1) In the case of a person on leave of absence, by the officer who
granted the leave or a superior, or
(2) By the senior officer present on a foreign station.
(b) In the event that the senior officer present of a foreign
station issues any orders as contemplated by this article, he or she
shall report the facts, including the reasons for issuing such orders,
to the Commandant of the Marine Corps or the Chief of Naval Personnel,
without delay.
(c) Retired officers of the Navy and Marine Corps may be ordered to
active
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service, with their consent, in time of peace. In time of war or a
national emergency, such retired officers may, at the discretion of the
Secretary of the Navy, be ordered to active service.
Sec. 700.1053 Commander of a task force.
(a) A commander in chief, and any other naval commander, may detail
in command of a task force, or other task command, any eligible officer
within his or her command whom he or she desires. All other officers
ordered to the task force or the task command shall be considered
subordinate to the designated commander.
(b) All orders issued under the authority of this article shall
continue in effect after the death or disability of the officer issuing
them until they are revoked by his or her successor in command or higher
authority.
(c) The powers delegated to a commander by this article are not
conferred on any other officer by virtue of the fact that he or she is
the senior officer present.
Sec. 700.1054 Command of a naval base.
The officer detailed to command a naval base shall be an officer of
the line in the Navy, eligible for command at sea.
Sec. 700.1055 Command of a naval shipyard.
The officer detailed to command a naval shipyard shall be trained in
the technical aspects of building and repair of ships and shall have had
substantial previous experience in the technical and management phases
of such work. Such officer may have been designated for engineering
duty.
Sec. 700.1056 Command of a ship.
(a) The officer detailed to command a commissioned ship shall be an
officer of the line in the Navy eligible for command at sea.
(b) The officer detailed to command an aircraft carrier, an aircraft
tender, or a ship with a primary task of operating or supporting
aircraft shall be an officer of the line in the navy, eligible for
command at sea, designated as a naval aviator or naval flight officer.
Sec. 700.1057 Command of an air activity.
(a) The officer detailed to command a naval aviation school, a naval
air station, or a naval air unit organized for flight tactical purposes
shall be an officer of the line in the navy, designated as a naval
aviator or naval flight officer, eligible for command at sea.
(b) For the purposes of Title 10 U.S.C. Sec. 5942, a naval air
training squadron is not considered to be a naval aviation school or a
naval air unit organized for flight tactical purposes. The officer
detailed to command a naval air training squadron or an air unit
organized for administrative purposes shall be a line officer of the
naval service, designated as a naval aviator or naval flight officer,
eligible for command. If a naval air training squadron has been
designated a multi-service training squadron, the officer detailed to
command that squadron may be a line officer from any armed service
designated as the equivalent of a naval aviator naval flight officer and
otherwise eligible to command an aviation squadron or unit under that
officer's pertinent service regulations.
(c) The officer detailed to command a naval air activity of a
technical nature on shore may be an officer of the line in the navy not
eligible for command at sea, but designated as a naval aviator or a
naval flight officer or designated for aeronautical engineering duty.
(d) The officer detailed to command a Marine Corps air unit
organized for flight tactical purpose shall be an officer of the Marine
Corps, designated as a naval aviator or naval flight officer.
(e) Other than an air training squadron, an officer of the Navy
shall not normally be detailed to command an aviation unit of the Marine
Corps nor shall an officer of the Marine Corps normally be detailed to
command an aviation unit of the Navy. Aircraft units of the Marine Corps
may, however, be assigned to ships or to naval air activities in the
same manner as aircraft units of the navy and, conversely, aircraft
units of the navy may be so assigned to Marine Corps air activities. A
group composed of aircraft units of the Navy and aircraft units of the
Marine Corps may be commanded
[[Page 42]]
either by an officer of the Navy or an officer of the Marine Corps.
Sec. 700.1058 Command of a submarine.
The officer detailed to command a submarine shall be an officer of
the line in the Navy, eligible for command at sea and qualified for
command of submarines.
Sec. 700.1059 Command of a staff corps activity.
Officers in a staff corps shall be detailed to command only such
activities as are appropriate to their corps.
Subpart K--General Regulations
Standards of Conduct
Sec. 700.1101 Demand for court-martial.
Except as otherwise provided in the Uniform Code of Military
Justice, no person in the naval service may demand a court martial
either on him or herself or on any other person in the naval service.
Sec. 700.1113 Endorsement of commercial product or process.
Except as necessary during contract administration to determine
specification or other compliance, no person in the Department of the
Navy, in his or her official capacity, shall endorse or express an
opinion of approval or disapproval of any commercial product or process.
Sec. 700.1120 Personal privacy and rights of individuals regarding their personal records.
(a) Except as specifically provided in this section, maintenance of
personal records of individuals, and the release of those records, shall
be in accordance with the provisions of the Privacy Act and directives
issued by the Secretary of the Navy.
(b) Except as specifically provided in this section, the release of
departmental records to private parties shall be in accordance with the
provisions of the Freedom of Information Act and directives issued by
the Secretary of the Navy.
Official Records
Sec. 700.1121 Disclosure, publication and security of official information.
(a) No person in the Department of the Navy shall convey or disclose
by oral or written communications, publication, graphic (including
photographic) or other means, any classified information except as
provided in directives governing the release of such information.
Additionally, no person in the Department of the Navy shall communicate
or otherwise deal with foreign entities, even on an unclassified basis,
when this would commit the Department of the Navy to disclose classified
military information except as may be required in that person's official
duties and only after coordination with and approval by a release
authority designated by competent authority.
(b) No person in the Department of the Navy shall convey or disclose
by oral or written communication, publication or other means except as
may be required by his or her official duties, any information
concerning the Department of Defense or forces, or any person, thing,
plan or measure pertaining thereto, where such information might be of
possible assistance to a foreign power; nor shall any person in the
Department of the Navy make any public speech or permit publication of
an article written by or for that person which is prejudicial to the
interests of the United States. The regulations concerned with the
release of information to the public through any media will be as
prescribed by the Secretary of the Navy.
(c) No person in the Department of the Navy shall disclose any
information whatever, whether classified or unclassified, or whether
obtained from official records or within the knowledge of the relator,
which might aid or be of assistance in the prosecution or support of any
claim against the United States. The prohibitions prescribed by the
first sentence of this paragraph are not applicable to an officer or
employee of the United States who is acting in the proper course of, and
within the scope of, his or her official duties, provided that the
disclosure of such information is otherwise authorized by stature,
Executive Order
[[Page 43]]
of the President or departmental regulation.
(d) Any person in the Department of the Navy receiving a request
from the public for Department of the Navy records shall be governed by
the provisions of the Freedom of Information Act and implementing
directives issued by the Secretary of the Navy.
(e) Persons in the Department of the Navy desiring to submit
manuscripts to commercial publishers on professional, political or
international subjects shall comply with regulations promulgated by the
Secretary of the Navy.
(f) No persons in the naval service on active duty or civilian
employee of the Department of the Navy shall act as correspondent of a
news service or periodical, or as a television or radio news commentator
or analyst, unless assigned to such duty in connection with the public
affairs activities of the Department of the Navy, or authorized by the
Secretary of the Navy. Except as authorized by the Secretary of the
Navy, no person assigned to duty in connection with public affairs
activities of the Department of the Navy shall receive any compensation
for acting as such correspondent, commentator or analyst.
Sec. 700.1126 Correction of naval records.
(a) Any military record in the Department of the Navy may be
corrected by the Secretary of the Navy, acting through the Board for
Correction of Naval Records, when the Secretary considers that such
action should be taken in order to correct an error or to remove an
injustice.
(b) Applications for corrections under this article may be made only
after exhaustion of all other administrative remedies afforded by law or
regulation.
(c) Applications for such corrections should be submitted to the
Secretary of the Navy (Board for Correction of Naval Records) in
accordance with procedural regulations established by the Secretary of
the Navy and approved by the Secretary of Defense.
Sec. 700.1127 Control of official records.
(a) No person, without proper authority, shall withdraw official
records or correspondence from the files, or destroy them, or withhold
them from those persons authorized to have access to them.
(b) Except as specifically provided in this section, maintenance of
personal records of individuals, and the release of those records, shall
be in accordance with the provisions of the Privacy Act and directives
issued by the Secretary of the Navy.
(c) Except as specifically provided in this section, the release of
departmental records to private parties shall be in accordance with the
provisions of the Freedom of Information Act and directives issued by
the Secretary of the Navy.
Sec. 700.1128 Official records in civil courts.
(a) Department of the Navy personnel shall not provide official
information, testimony, or documents, submit to interview, or permit a
view or visit, for litigation purposes, without special written
authorization.
(b) Department of the Navy personnel shall not provide, with or
without compensation, opinion or expert testimony concerning official
Department of Defense information, subjects, personnel or activities,
except on behalf of the United States or a party represented by the
Department of Justice, or with special written authorization.
Duties of Individuals
Sec. 700.1138 Responsibilities concerning marijuana, narcotics, and other controlled substances.
(a) All personnel shall endeavor to prevent and eliminate the
unauthorized use of marijuana, narcotics and other controlled substances
within the naval service.
(b) The wrongful possession, use, introduction, manufacture,
distribution and possession, or introduction with intent to distribute,
of a controlled substance by persons in the naval service are offenses
under Article 112a, Uniform Code of Military Justice. Except for
authorized medicinal or other authorized purposes, the possession, use,
introduction, sale, or other transfer of marijuana, narcotics or other
controlled substances on board any ship or aircraft of the Department of
the Navy or within any naval base, station or
[[Page 44]]
other place under the jurisdiction of the Department of the Navy by all
persons is prohibited.
(c) The term ``controlled substance'' means: a drug or other
substance included in Schedule I, II, III, IV, or V established by
section 202 of the Comprehensive Drug Abuse Prevention and Control Act
of 1970 (84 Stat. 1236), as updated and republished under the provisions
of that Act (21 U.S.C. 812).
Sec. 700.1139 Rules for preventing collisions, afloat and in the air.
(a) All persons in the naval service responsible for the operation
of naval ships, craft and aircraft shall diligently observe the
International Rules for Preventing Collisions at Sea (commonly called
the COLREGS) (33 CFR chapter I), Inland Navigation Rules (33 CFR chapter
I), domestic and international air traffic regulations (14 CFR chapter
I), and such other rules and regulations as may be established by the
Secretary of Transportation or other competent authority for regulating
traffic and preventing collisions on the high seas, in inland waters or
in the air, where such laws, rules and regulations are applicable to
naval ships and aircraft. In those situations where such law, rule or
regulation is not applicable to naval ships, craft or aircraft, they
shall be operated with due regard for the safety of others.
(b) Any significant infraction of the laws, rules and regulations
governing traffic or designed to prevent collisions on the high seas, in
inland waters, or in the air which may be observed by persons in the
naval service shall be promptly reported to their superiors, including
the Chief of Naval Operations or Commandant of the Marine Corps when
appropriate.
(c) Reports need not be made under this article if the facts are
otherwise reported in accordance with other directives, including duly
authorized safety programs.
Rights and Restrictions
Sec. 700.1162 Alcoholic beverages.
(a) Except as may be authorized by the Secretary of the Navy, the
introduction, possession or use of alcoholic beverages on board any
ship, craft, aircraft, or in any vehicle of the Department of the Navy
is prohibited. The transportation of alcoholic beverages for personal
use ashore is authorized, subject to the discretion of the officer in
command or officer in charge, or higher authority, when the beverages
are delivered to the custody of the officer in command or officer in
charge of the ship, craft, or aircraft in sealed packages, securely
packed, properly marked and in compliance with customs laws and
regulations, and stored in securely locked compartments, and the
transportation can be performed without undue interference with the work
or duties of the ship, craft, or aircraft. Whenever an alcoholic
beverage is brought on board any ship, craft, or aircraft for
transportation for personal use ashore, the person who brings it on
board shall at that time file with the officer in command or officer in
charge of the ship, craft or aircraft, a statement of the quantity and
kind of alcoholic beverage brought on board, together with a
certification that its importation will be in compliance with customs
and internal revenue laws and regulations and applicable State or local
laws at the place of debarkation.
(b) The introduction, possession and use of alcoholic beverages for
personal consumption or sale is authorized within naval activities and
other places ashore under naval jurisdiction to the extent and in such
manner as the Secretary of the Navy may prescribe.
Sec. 700.1165 Fraternization prohibited.
(a) Personal relationships between officer and enlisted members
which are unduly familiar and which do not respect differences in rank
are inappropriate and violate long-standing traditions of the naval
service.
(b) When prejudicial to good order and discipline or of a nature to
bring discredit on the naval service, personal relationships are
prohibited:
(1) Between an officer and an enlisted member which are unduly
familiar and do not respect differences in rank and grade;
(2) Between officer members which are unduly familiar and do not
respect differences in rank and grade where a direct senior-subordinate
supervisory relationship exists; and
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(3) Between enlisted members which are unduly familiar and do not
respect differences in rank and grade where a direct senior-subordinate
supervisory relationship exists.
(c) Violation of this article may result in administrative or
punitive action. This article applies in its entirety to all regular and
reserve personnel.
Sec. 700.1166 Sexual harassment.
(a) Sexual harassment will not be condoned or tolerated in the
Department of the Navy. It is a form of arbitrary discrimination which
is unprofessional, unmilitary, and which adversely affects morale and
discipline and ultimately the mission effectiveness of the command
involved.
(b) Personnel who use implicit or explicit sexual behavior to
control, influence or affect the career, promotion opportunities, duty
assignments or pay of any other person are engaging in sexual
harassment. Naval personnel who make deliberate or repeated offensive
verbal comments, gestures or physical contact of a sexual nature in the
work environment are also engaging in sexual harassment.
Sec. 700.1167 Supremacist activity.
No person in the naval service shall participate in any organization
that espouses supremacist causes; attempts to create illegal
discrimination based on race, creed, color, sex, religion, or national
origin; advocates the use of force or violence against the Government of
the United States or the Government of any state, territory, district,
or possession thereof, or the Government of any subdivision therein; or
otherwise engages in efforts to deprive individuals of their civil
rights. The term ``participate'', as used in this article, includes acts
or conduct, performed alone or in concert with another, such as
demonstrating, rallying, fundraising, recruiting, training, or
organizing or leading such organizations. The term ``participate'' also
includes engaging in any other activities in relation to such
organizations or in furtherance of the objectives of such organizations
when such activities are detrimental to good order, discipline, or
mission accomplishment.