Page:United States Statutes at Large Volume 100 Part 1.djvu/1086

 100 STAT. 1050

PUBLIC LAW 99-433—OCT. 1, 1986

President of U.S.

"(3) The President may waive paragraph (2) in the case of an officer if the President determines such action is necessary in the national interest. "(b) The Chief of Naval Operations, while so serving, has the grade of admiral without vacating his permanent grade. In the performance of his duties within the Department of the Navy, the Chief of Naval Operations takes precedence above all other officers of the naval service. "(c) Except as otherwise prescribed by law and subject to section 5013(f) of this title, the Chief of Naval Operations performs his duties under the authority, direction, and control of the Secretary of the Navy and is directly responsible to the Secretary. "(d) Subject to the authority, direction, and control of the Secretary of the Navy, the Chief of Naval Operations shall— S)-tj fc ^,•; "(1) preside over the Office of the Chief of Naval Operations; "(2) transmit the plans and recommendations of the Office of the Chief of Naval Operations to the Secretary and advise the Secretary with regard to such plans and recommendations; "(3) after approval of the plans or recommendations of the Office of the Chief of Naval Operations by the Secretary, act as the agent of the Secretary in carrying them into effect; "(4) exercise supervision, consistent with the authority assigned to commanders of unified or specified combatant comAnte, p. 1012. mands under chapter 6 of this title, over such of the members and organizations of the Navy and the Marine Corps as the Secretary determines; "(5) perform the duties prescribed for him by section 171 of 10 USC 171. this title and other provisions of law; and "(6) perform such other military duties, not otherwise assigned by law, as are assigned to him by the President, the Secretary of Defense, or the Secretary of the Navy. "(e)(1) The Chief of Naval Operations shall also perform the duties prescribed for him as a member of the Joint Chiefs of Staff under Ante, p. 1005. section 151 of this title. "(2) To the extent that such action does not impair the independence of the Chief of Naval Operations in the performance of his duties as a member of the Joint Chiefs of Staff, the Chief of Naval Operations shall inform the Secretary regarding military advice rendered by members of the Joint Chiefs of Staff on matters affecting the Department of the Navy. "(3) Subject to the authority, direction, and control of the Secretary of Defense, the Chief of Naval Operations shall keep the Secretary of the Navy fully informed of significant military operations affecting the duties and responsibilities of the Secretary. "§ 5034. Chief of Naval Operations: retirement "An officer who is retired while serving as Chief of Naval Operations, or who, after serving at least two and one-half years as Chief of Naval Operations, is retired after completion of that service while serving in a lower grade than admiral, may, in the discretion of the President, be retired with the grade of admiral. "§ 5035. Vice Chief of Naval Operations "(a) There is a Vice Chief of Naval Operations, appointed by the President, by and with the advice and consent of the Senate, from officers on the active-duty list in the line of the Navy serving in grades above captain and eligible to command at sea.

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