United States Navy Regulations

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 These regulations superseded the NAVREGS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

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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]

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