[Federal Register Volume 64, Number 199 (Friday, October 15, 1999)]
[Rules and Regulations]
[Pages 56062-56082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25254]
[[Page 56061]]
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Part III
Department of Defense
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Department of the Navy
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32 CFR Part 700
United States Navy Regulations; Final Rule
Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 /
Rules and Regulations
[[Page 56062]]
DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 700
RIN 0703-AA55
United States Navy Regulations
AGENCY: Department of the Navy, DOD.
ACTION: Final rule.
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SUMMARY: The Department of the Navy is amending the Navy Regulations
incorporating new subparts and modifying some existing subparts. This
revision will allow the published Navy Regulations to comport with the
1990 Navy Regulations currently in use.
DATES: This rule is effective November 15, 1999.
FOR FURTHER INFORMATION CONTACT: LCDR James L. Roth, JAGC, USN, Office
of the Judge Advocate General, Washington Navy Yard, 1322 Patterson
Ave., SE., Suite 3000, Washington, DC 20374-5066, Attention: Code 13,
(703) 604-8228.
SUPPLEMENTARY INFORMATION: On 14 September 1990, the Secretary of the
Navy (SECNAV) issued revised and amended Navy Regulations (NAVREGS) in
accordance with 10 U.S.C 6011. These regulations superseded the NAVREGS
amended in 1978. (See 45 FR 80277, 4 December 1980). Since that time,
no changes have been published to reflect the current NAVREGS. In
accordance with 5 U.S.C. Sec. 552, the Department of the Navy must
publish these regulations as amended.
List of Subjects in 32 CFR Part 700
Armed Forces.
For the reasons set forth in the preamble, revise part 700 of title
32 of the Code of Federal Regulations as follows:
Part 700--United States Navy Regulations and Official Records
Subpart A--Navy Regulations
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.
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.
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
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.
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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.
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
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.
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
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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 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.
(b) The Navy Department refers to the central executive offices of
the
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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;
(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);
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(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 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 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
[[Page 56067]]
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;
(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;
(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:
[[Page 56068]]
(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 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 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
[[Page 56069]]
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.
(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 56070]]
(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 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
[[Page 56071]]
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, 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;
(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
[[Page 56072]]
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;
(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.
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
[[Page 56073]]
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.
(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.
(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
[[Page 56074]]
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 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 morale, welfare, and recreational activities not classified
as
[[Page 56075]]
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 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
[[Page 56076]]
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 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 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
[[Page 56077]]
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.
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 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
[[Page 56078]]
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 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 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
[[Page 56079]]
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 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
[[Page 56080]]
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 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
[[Page 56081]]
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 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 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
[[Page 56082]]
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
(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.
Dated: September 16, 1999.
Nieva Van Leer,
Lieutenant, Judge Advocate General's Corps, U.S. Naval Reserve,
Alternate Federal Register Liaison Officer.
[FR Doc. 99-25254 Filed 10-14-99; 8:45 am]
BILLING CODE 3810-FF-U
