[Federal Register Volume 64, Number 199 (Friday, October 15, 1999)]
[Rules and Regulations]
[Pages 56062-56082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25254]



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Part III





Department of Defense





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Department of the Navy



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32 CFR Part 700



United States Navy Regulations; Final Rule

  Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / 
Rules and Regulations  

[[Page 56062]]



DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 700

RIN 0703-AA55


United States Navy Regulations

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

-----------------------------------------------------------------------

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 These regulations superseded the NAVREGS 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

[[Page 56065]]

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);

[[Page 56066]]

    (4) Information management;
    (5) Inspector general;
    (6) Legislative affairs;
    (7) Public affairs;
    (8) Research and development, except for military requirements and 
operational test and evaluation, which are the responsibilities of the 
Office of the Chief of Naval Operations and the Headquarters Marine 
Corps.
    (b) The following offices within the Office of the Secretary of the 
Navy are designated to conduct the functions specified in paragraph (a) 
of this section. No office or other entity may be established or 
designated within the Office of the Chief of Naval Operations or the 
Headquarters, Marine Corps, to conduct any of the functions specified 
in paragraph (a) of this section, except as noted in paragraph (a)(8) 
of this section.
    (1) The Assistant Secretary of the Navy (Research, Development and 
Acquisition) is the Acquisition Executive for the Department of the 
Navy. The Assistant Secretary of the Navy (Research, Development and 
Acquisition) (ASN(RD&A)) is responsible for research, development and 
acquisition, except for military requirements and operational test and 
evaluation, which remain functions of the Office of the Chief of Naval 
Operations and Headquarters Marine Corps. In addition to Acquisition 
Executive, ASN(RD&A) is also the Navy Senior Procurement Executive and 
Senior Department of the Navy Information Resource Management Official. 
Responsibilities include developing acquisition policy and procedures 
for all Department of the Navy research, development, production, 
shipbuilding and production/logistics support programs; and Department 
of the Navy international technology transfer.
    (2) The Auditor General is responsible for the internal auditing 
function within the Department of the Navy.
    (3) The Assistant Secretary of the Navy (Financial Management) is 
responsible for comptrollership, including financial management, within 
the Department of the Navy.
    (4) The Naval Inspector General is responsible for the inspector 
general function within the Department of the Navy.
    (5) The Chief of Legislative Affairs is responsible for legislative 
affairs within the Department of the Navy.
    (6) The Chief of Information is responsible for public affairs 
within the Department of the Navy.
    (c) The Secretary shall:
    (1) Prescribe the relationship of each office or other entity 
established or designated under paragraph (b) of this section:
    (i) To the Chief of Naval Operations and the Office of the Chief of 
Naval Operations: and
    (ii) To the Commandant of the Marine Corps and the Headquarters, 
Marine Corps; and
    (2) Ensure that each such office or entity provides the Chief of 
Naval Operations and the Commandant of the Marine Corps such staff 
support as the Chief of Naval Operations and the Commandant of the 
Marine Corps consider necessary to perform their respective duties and 
responsibilities.
    (d) The vesting in the Office of the Secretary of the Navy of the 
responsibility for the conduct of a function specified in paragraph (a) 
of this section does not preclude other elements of the Department of 
the Navy (including the Office of the Chief of Naval Operations and the 
Headquarters, Marine Corps) from providing advice or assistance to the 
Chief of Naval Operations and the Commandant of the Marine Corps, or 
otherwise participating in that function within the executive part of 
the Department under the direction of the office assigned 
responsibility for that function in the Office of the Secretary of the 
Navy.


Sec. 700.312  Authority over organizational matters.

    Subject to the approval or guidance of the Secretary of the Navy, 
the Civilian Executive Assistants, the Chief of Naval Operations, the 
Commandant of the Marine Corps and the Staff Assistants are 
individually authorized to organize, assign and reassign 
responsibilities within their respective commands or offices, including 
the establishment and disestablishment of such component organizations 
as may be necessary, subject to the following:
    (a) The authority to disestablish may not be exercised with respect 
to any organizational component of the Department established by law.
    (b) The Secretary retains the authority to approve the 
establishment and disestablishment of shore activities.

The Office of the Secretary of the Navy/The Civilian Executive 
Assistants


Sec. 700.320  The Civilian Executive Assistants.

    (a) The Civilian Executive Assistants, as identified in 
Sec. 700.310, are assigned department-wide responsibilities essential 
to the efficient administration of the Department of the Navy.
    (b) Each Civilian Executive Assistants, within his or her assigned 
area of responsibility, is the principal civilian advisor and assistant 
to the Secretary on the administration of the affairs of the Department 
of the Navy. The Civilian Executive Assistants carry out their duties 
with the professional assistance of the Office of the Chief of Naval 
Operations and Headquarters, Marine Corps, as presided over by the 
Chief of Naval Operations and Commandant of the Marine Corps, 
respectively.
    (c) The Civilian Executive Assistants are authorized and directed 
to act for the Secretary within their assigned areas of responsibility.


Sec. 700.321  The Under Secretary of the Navy.

    (a) The Under Secretary of the Navy shall perform such duties and 
exercise such powers as the Secretary of the Navy shall prescribe.
    (b) The Under Secretary of the Navy is designated as the deputy and 
principal assistant to the Secretary of the Navy. The Under Secretary 
of the Navy acts with full authority of the Secretary in the general 
management of the Department of the Navy and supervision of offices, 
organizations and functions as assigned by the Secretary.


Sec. 700.322  Assistant Secretaries of the Navy; statutory 
authorization.

    There are four Assistant Secretaries of the Navy. The Assistant 
Secretaries shall perform such duties and exercise such powers as the 
Secretary of the Navy may prescribe in accordance with law.


Sec. 700.323  The Assistant Secretary of the Navy (Financial 
Management).

    The Assistant Secretary of the Navy (Financial Management) is the 
Comptroller of the Navy, and is responsible for all matters related to 
the financial management of the Department of the Navy, including:
    (a) Budgeting;
    (b) Accounting;
    (c) Disbursing;
    (d) Financing;
    (e) Internal review;
    (f) Progress and statistical reporting; and
    (g) Supervision of offices and organizations as assigned by the 
Secretary of the Navy.


Sec. 700.324  The Assistant Secretary of the Navy (Manpower and Reserve 
Affairs).

    The Assistant Secretary of the Navy (Manpower and Reserve Affairs) 
is responsible for:
    (a) The overall supervision of manpower and reserve component 
affairs of the Department of the Navy, including policy and 
administration of affairs related to military (active and inactive) and 
civilian personnel; and
    (b) Supervision of offices and organizations as assigned by the

[[Page 56067]]

Secretary, specifically the Naval Council of Personnel Boards and the 
Board for Correction of Naval Records.


Sec. 700.325  The Assistant Secretary of the Navy (Installations and 
Environment).

    The Assistant Secretary of the Navy (Installations and Environment) 
is responsible for:
    (a) Policy relating to Navy installations, facilities, environment, 
safety, shore resources management and quality improvement;
    (b) Development, implementation and evaluation of military 
construction, facilities management and engineering, strategic 
homeporting, housing, utilities, and base utilization issues;
    (c) Environmental policy, safety, occupational health, and Marine 
Corps and Navy environmental affairs, including environmental 
protection, restoration, compliance and legislation, natural resource 
programs, hazardous material/waste minimization, plastics reduction and 
control, afloat environmental issues, state and federal agency and 
environmental organization coordination, and the National Environmental 
Policy Act; and
    (d) Advising on fiscal resources related to shore appropriations.


Sec. 700.326  The Assistant Secretary of the Navy (Research, 
Development and Acquisition).

    The Assistant Secretary of the Navy (Research, Development and 
Acquisition) is responsible for:
    (a) Research, development and acquisition, except for military 
requirements and operational test and evaluation;
    (b) Direct management of acquisition programs;
    (c) All aspects of the acquisition process within the Department of 
the Navy;
    (d) All acquisition policy, including technology base and advanced 
technology development, procurement, competition, contracts and 
business management, logistics, product integrity, and education and 
training of the acquisition workforce.


Sec. 700.327  The General Counsel of the Navy.

    (a) The General Counsel is head of the Office of the General 
Counsel and is responsible for providing legal advice, counsel, and 
guidance within the Department of the Navy on the following matters:
    (1) Business and commercial law, environmental law, civilian 
personnel law, real and personal property law and patent law;
    (2) Procurement of services, including the fiscal, budgetary and 
accounting aspects, for the Navy and Marine Corps;
    (3) Litigation involving the issues enumerated above; and
    (4) Other matters as directed by the Secretary of the Navy.
    (b) The General Counsel maintains a close working relationship with 
the Judge Advocate General on all matters of common interest.

The Office of the Secretary of the Navy/The Staff Assistants


Sec. 700.330  The Staff Assistants.

    The Staff Assistants, as identified in Sec. 700.310, assist the 
Secretary of the Navy, or one or more of the Civilian Executive 
Assistants, in the administration of the Navy. They supervise all 
functions and activities internal to their offices and assigned field 
activities, if any, and are responsible to the Secretary or to one of 
the Civilian Executive Assistants for the utilization of resources by, 
and the operating efficiency of, all activities under their supervision 
or command. Their duties are as provided by law or as assigned by the 
Secretary.


Sec. 700.331  The Judge Advocate General.

    (a) The Judge Advocate General of the Navy commands the Office of 
the Judge Advocate General and is the Chief of the Judge Advocate 
General's Corps. The Judge Advocate General:
    (1) Provides or supervises the provision of all legal advice and 
related services throughout the Department of the Navy, except for the 
advice and services provided by the General Counsel;
    (2) Performs the functions required or authorized by law;
    (3) Provides legal and policy advice to the Secretary of the Navy 
on military justice, administrative law, claims, operational and 
international law, and litigation involving these issues; and
    (4) Acts on other matters as directed by the Secretary.
    (b) The Judge Advocate General maintains a close working 
relationship with the General Counsel on all matters of common 
interest.


Sec. 700.332  The Naval Inspector General.

    (a) Under the direction of the Secretary of the Navy, the Naval 
Inspector General:
    (1) Inspects, investigates or inquires into any and all matters of 
importance to the Department of the Navy with particular emphasis on 
readiness, including, but not limited to effectiveness, efficiency, 
economy and integrity;
    (2) Exercises broad supervision, general guidance and coordination 
for all Department of the Navy inspection, evaluation and appraisal 
organizations to minimize duplication of efforts and the number of 
necessary inspections;
    (3) Through analysis of available information, identifies areas of 
weakness in the Department of the Navy as they relate to matters of 
integrity and efficiency and provides appropriate recommendations for 
improvement. To accomplish these functions, the Inspector General shall 
have unrestricted access, by any means, to any information maintained 
by any naval activity deemed necessary, unless specifically restricted 
by the Secretary of the Navy;
    (4) Receives allegations of inefficiency, misconduct, impropriety, 
mismanagement or violations of law, and investigates or refers such 
matters for investigation, as is appropriate; and
    (5) Serves as principal advisor to the Secretary of the Navy, the 
Chief of Naval Operations and the Commandant of the Marine Corps on all 
inspection and investigation matters.
    (b) In addition, the Naval Inspector General has various functions, 
including (but not limited to):
    (1) Providing of an alternative to the normal chain of command 
channel for receipt of complaints of personnel;
    (2) Serving as the official to whom employees may complain without 
fear of reprisal;
    (3) Cooperating with the Inspector General, Department of Defense;
    (4) Providing oversight of intelligence and special activities;
    (5) Serving as the Department of the Navy coordinator for fraud, 
waste and efficiency matters;
    (6) Serving as Navy Program Manager and focal point for the 
Department of the Navy and Navy Hotline programs; and
    (7) Designation as the centralized organization within the 
Department of Defense to monitor and ensure the coordination of 
criminal, civil, administrative and contractual remedies for all 
significant cases, including investigation of fraud or corruption 
related to procurement activities affecting the Department of the Navy.


Sec. 700.333  The Chief of Naval Research.

    (a) The Chief of Naval Research shall command the Office of the 
Chief of Naval Research, the Office of Naval Research, the Office of 
Naval Technology and assigned shore activities.
    (b) The Office of Naval Research shall perform such duties as the 
Secretary of the Navy prescribes relating to:

[[Page 56068]]

    (1) The encouragement, promotion, planning, initiation and 
coordination of naval research;
    (2) The conduct of naval research in augmentation of and in 
conjunction with the research and development conducted by other 
agencies and offices of the Department of the Navy; and
    (3) The supervision, administration and control of activities 
within or for the Department of the Navy relating to patents, 
inventions, trademarks, copyrights and royalty payments, and matters 
connected therewith.


Sec. 700.334  The Chief of Information.

    (a) The Chief of Information is the direct representative of the 
Secretary of the Navy in all public affairs and internal relations 
matters. The Chief of Information is authorized to implement Navy 
public affairs and internal relations policies and to coordinate those 
Navy and Marine Corps activities of mutual interest.
    (b) The Chief of Naval Operations and the Commandant of the Marine 
Corps are delegated responsibilities for:
    (1) Conduct of their respective services' internal information 
programs;
    (2) Conduct of their respective services' community relations 
programs; and
    (3) Implementing the Secretary of the Navy's public affairs policy 
and directives.
    (c) The Chief of Information will report to the Chief of Naval 
Operations for support of the responsibilities outlined in paragraph 
(b) of this section, and will provide such staff support as the Chief 
of Naval Operations considers necessary to perform those duties and 
responsibilities.
    (d) The Deputy Chief of Information for Marine Corps Matters may 
report directly to the Secretary regarding public information matters 
related solely to the Marine Corps. The Deputy Chief will promptly 
inform the Chief of Information regarding the substance of all 
independent contacts with the Secretary pertaining to Marine Corps 
matters. The Deputy Chief of Information for Marine Corps Matters will 
report to the Commandant of the Marine Corps for support of the 
responsibilities outlined in paragraph (b) of this section, and will 
provide such staff support as the Commandant considers necessary to 
perform those duties and responsibilities.


Sec. 700.335  The Chief of Legislative Affairs.

    The mission of the Chief of Legislative Affairs is to:
    (a) Plan, develop and coordinate relationships between 
representatives of the Department of the Navy and members of committees 
of the United States Congress and their staffs which are necessary in 
the transaction of official Government business (except appropriations 
matters) affecting the Department of the Navy; and
    (b) Furnish staff support, advice and assistance to the Secretary 
of the Navy, the Chief of Naval Operations, the Commandant of the 
Marine Corps and all other principal civilian and military officials of 
the Department of the Navy concerning congressional aspects of the 
Department of the Navy policies, plans and programs (except 
appropriations matters).


Sec. 700.336  The Director, Office of Program Appraisal.

    (a) The Director, Office of Program Appraisal, directs, under the 
immediate supervision of the Secretary of the Navy, the Office of 
Program Appraisal.
    (b) The Office of Program Appraisal will assist the Secretary in 
assuring that existing and proposed Navy and Marine Corps programs 
provide the optimum means of achieving the objectives of the Department 
of the Navy.


Sec. 700.337  The Auditor General.

    (a) The Auditor General of the Navy is responsible for:
    (1) Serving as Director of the Naval Audit Service; and
    (2) Developing and implementing Navy internal audit policies, 
programs and procedures within the framework of Government auditing 
standards.
    (b) The Auditor General can provide information and may provide 
assistance and support to the Chief of Naval Operations and the 
Commandant of the Marine Corps to enable them to discharge their duties 
and responsibilities.

Subpart D--The Chief of Naval Operations


Sec. 700.401  Precedence.

    The Chief of Naval Operations, while so serving, has the grade of 
admiral. In the performance of duties within the Department of the 
Navy, the Chief of Naval Operations takes precedence above all other 
officers of the naval service, except an officer of the naval service 
who is serving as Chairman or Vice Chairman of the Joint Chiefs of 
Staff.


Sec. 700.402  Succession.

    When there is a vacancy in the position of Chief of Naval 
Operations, or during the absence or disability of the Chief of Naval 
Operations:
    (a) The Vice Chief of Naval Operations shall perform the duties of 
the Chief of Naval Operations until a successor is appointed or the 
absence or disability ceases.
    (b) If there is a vacancy in the position of Vice Chief of Naval 
Operations or the Vice Chief of Naval Operations is absent or disabled, 
unless the President directs otherwise, the most senior officer of the 
Navy in the Office of the Chief of Naval Operations who is not absent 
or disabled and who is not restricted in the performance of duty shall 
perform the duties of the Chief of Naval Operations until a successor 
to the Chief of Naval Operations or the Vice Chief of Naval Operations 
is appointed or until the absence or disability of the Chief of Naval 
Operations or Vice Chief of Naval Operations ceases, whichever occurs 
first.


Sec. 700.403  Statutory authority and responsibility of the Chief of 
Naval Operations.

    (a) Except as otherwise prescribed by law, and subject to the 
statutory authority of the Secretary of the Navy to assign functions, 
powers and duties, the Chief of Naval Operations performs duties under 
the authority, direction and control of the Secretary of the Navy and 
is directly responsible to the Secretary.
    (b) Subject to the authority, direction and control of the 
Secretary of the Navy, the Chief of Naval Operations shall:
    (1) Preside over the Office of the Chief of Naval Operations;
    (2) Transmit the plans and recommendations of the Office of the 
Chief of Naval Operations to the Secretary and advise the Secretary 
with regard to such plans and recommendations;
    (3) After approval of the plans or recommendations of the Office of 
the Chief of Naval Operations by the Secretary, act as the agent of the 
Secretary in carrying them into effect;
    (4) Exercise supervision, consistent with the statutory authority 
assigned to commanders of unified or specified combatant commands, over 
such of the members and organizations of the Navy and the Marine Corps 
as the Secretary determines;
    (5) Perform the duties prescribed for a member of the Armed Forces 
Policy Council and other statutory duties; and
    (6) Perform such other military duties, not otherwise assigned by 
law, as are assigned to the Chief of Naval Operations by the President, 
the Secretary of Defense or the Secretary of the Navy.
    (c) The Chief of Naval Operations shall also perform the statutory 
duties prescribed for a member of the Joint Chiefs of Staff.
    (1) To the extent that such action does not impair the independence 
of the

[[Page 56069]]

Chief of Naval Operations in the performance of duties as a member of 
the Joint Chiefs of Staff, the Chief of Naval Operations shall inform 
the Secretary of the Navy regarding military advice rendered by members 
of the Joint Chiefs of Staff on matters affecting the Department of the 
Navy.
    (2) Subject to the authority, direction and control of the 
Secretary of Defense, the Chief of Naval Operations shall keep the 
Secretary of the Navy fully informed of significant military operations 
affecting the duties and responsibilities of the Secretary of the Navy.


Sec. 700.404  Statutory authority and responsibility of the Office of 
the Chief of Naval Operations.

    (a) The Office of the Chief of Naval Operations shall furnish 
professional assistance to the Secretary, the Under Secretary and the 
Assistant Secretaries of the Navy, and to the Chief of Naval 
Operations. Under the authority, direction and control of the Secretary 
of the Navy, the Office of the Chief of Naval Operations shall:
    (1) Subject to Sec. 700.311(a), prepare for such employment of the 
Navy, and for such recruiting, organizing, supplying, equipping 
(including those aspects of research and development assigned by the 
Secretary of the Navy), training, servicing, mobilizing, demobilizing, 
administering, and maintaining of the Navy, as will assist in the 
execution of any power, duty or function of the Secretary or the Chief 
of Naval Operations;
    (2) Investigate and report upon the efficiency of the Navy and its 
preparation to support military operations by combatant commands;
    (3) Prepare detailed instructions for the execution of approved 
plans and supervise the execution of those plans and instructions;
    (4) As directed by the Secretary or the Chief of Naval Operations, 
coordinate the action of organizations of the Navy; and
    (5) Perform such other duties, not otherwise assigned by law, as 
may be prescribed by the Secretary.
    (b) Except as otherwise specifically prescribed by law, the Office 
of the Chief of Naval Operations shall be organized in such manner, and 
its members shall perform such duties and have such titles as the 
Secretary may prescribe.


Sec. 700.405  Delegated authority and responsibility.

    (a) The Chief of Naval Operations is the principal naval advisor 
and naval executive to the Secretary of the Navy on the conduct of the 
naval activities of the Department of the Navy.
    (b)(1) Internal to the administration of the Department of the 
Navy, the Chief of Naval Operations, consistent with the statutory 
authority assigned to commanders of unified or specified combatant 
commands, under the direction of the Secretary of the Navy, shall 
command:
    (i) The operating forces of the Navy; and
    (ii) Such shore activities as may be assigned by the Secretary.
    (2) The Chief of Naval Operations shall be responsible to the 
Secretary of the Navy for the Utilization of resources by, and the 
operating efficiency of, the Office of the Chief of Naval Operations, 
the Operating Forces of the Navy and assigned shore activities.
    (c) In addition, the Chief of Naval Operations has the following 
specific responsibilities:
    (1) To organize, train, equip, prepare and maintain the readiness 
of Navy forces, including those for assignment to unified or specified 
commands, for the performance of military missions as directed by the 
President, the Secretary of Defense or the Chairman of the Joint Chiefs 
of Staff;
    (2) To determine current and future requirements of the Navy (less 
Fleet Marine Forces and other assigned Marine Corps forces) for 
manpower, material, weapons, facilities and services, including the 
determination of quantities, military performance requirements and 
times, places and priorities of need;
    (3) To exercise leadership in maintaining a high degree of 
competence among Navy officer, enlisted and civilian personnel in 
necessary fields of specialization, through education training and 
equal opportunities for personal advancement, and maintaining the 
morale and motivation of Navy personnel and the prestige of a Navy 
career;
    (4) To plan and provide health care for personnel of the naval 
service, their dependents and eligible beneficiaries;
    (5) To direct the organization, administration, training and 
support of the Naval Reserve;
    (6) To inspect and investigate components of the Department of the 
Navy to determine and maintain efficiency, discipline, readiness, 
effectiveness and economy, except in those areas where such 
responsibility rests with the Commandant of the Marine Corps;
    (7) To determine the requirements of naval forces and activities, 
to include requirements for research, development, test, and evaluation 
to plan and provide for the conduct of test and evaluation which are 
adequate and responsive to long range objectives, immediate 
requirements, and fiscal limitations; and to provide assistance to the 
Assistant Secretary of the Navy (Research, Development and Acquisition) 
in the review and appraisal of the overall Navy program to ensure 
fulfillment of stated requirements;
    (8) To formulate Navy strategic plans and policies and participate 
in the formulation of Joint and combined strategic plans and policies 
and related command relationships; and
    (9) Subject to guidance from the Assistant Secretary of the Navy 
(Financial Management), to formulate budget proposals for the Office of 
the Chief of Naval Operations, the Operating Forces of the Navy and 
assigned shore activities, and other activities and programs as 
assigned.
    (d) The Chief of Naval Operations, under the direction of the 
Secretary of the Navy, shall exercise overall authority throughout the 
Department of the Navy in matters related to:
    (1) The effectiveness of the support of the Operating Forces of the 
Navy and assigned shore activities;
    (2) The coordination and direction of assigned Navy wide programs 
and functions, including those assigned by higher authority;
    (3) Matters essential to naval military administration, such as:
    (i) Security;
    (ii) Intelligence;
    (iii) Discipline;
    (iv) Communications; and
    (v) Matters related to the customs and traditions of the naval 
service;
    (4) Except for those areas wherein such responsibility rests with 
the Commandant of the Marine Corps, the coordination of activities of 
the Department of the Navy in matters concerning effectiveness, 
efficiency and economy.


Sec. 700.406  Naval Vessel Register, classification of naval craft, and 
status of ships and service craft.

    (a) The Chief of Naval Operations shall be responsible for the 
Naval Vessel Register (except the Secretary of the Navy shall strike 
vessels from the Register) and the assignment of classification for 
administrative purposes to water borne craft and the designation of 
status for each ship and service craft.
    (b) Commissioned vessels and craft shall be called ``United States 
Ship'' or ``U.S.S.''
    (c) Civilian manned ships, of the Military Sealift Command or other 
commands, designated ``active status, in service'' shall be called 
``United States Naval Ship'' or ``U.S.N.S.''

[[Page 56070]]

    (d) Ships and service craft designated ``active status, in 
service,'' except those described by paragraph (c) of this section, 
shall be referred to by name, when assigned, classification, and hull 
number (e.g., ``HIGHPOINT PCH-1'' or ``YOGN-8'').
    (e) The Chief of Naval Operations shall designate hospital ships 
and medical aircraft as he or she deems necessary. Such designation 
shall be in compliance with the Geneva Convention for the Amelioration 
of the Conditions of Wounded, Sick and Ship wrecked Members of the 
Armed Forces at Sea of 12 August 1949. The Chief of Naval Operations 
shall ensure compliance with the notice shall ensure compliance with 
the notice provisions of that Convention.

Subpart E--The Commandant of the Marine Corps


Sec. 700.501  Precedence.

    The Commandant of the Marine Corps, while so serving, has the grade 
of general. In the performance of duties within the Department of the 
Navy, the Commandant of the Marine Corps takes precedence above all 
other officers of the Marine Corps, except an officer of the Marine 
Corps who is serving as Chairman or Vice Chairman of the Joint Chiefs 
of Staff.


Sec. 700.502  Succession.

    When there is a vacancy in the office of Commandant of the Marine 
Corps, or during the absence or disability of the Commandant:
    (a) The Assistant Commandant of the Marine Corps shall perform the 
duties of the Commandant until a successor is appointed or the absence 
or disability ceases; or
    (b) If there is a vacancy in the office of the Assistant Commandant 
of the Marine Corps or the Assistant Commandant is absent or disabled, 
unless the President directs otherwise, the most senior officer of the 
Marine Corps in the Headquarters, Marine Corps, who is not absent or 
disabled and who is not restricted in the performance of duty shall 
perform the duties of the Commandant until a successor to the 
Commandant or the Assistant Commandant is appointed or until the 
absence or disability of the Commandant or the Assistant Commandant 
ceases, whichever occurs first.


Sec. 700.503  Statutory authority and responsibility of the Commandant 
of the Marine Corps.

    (a) Except as otherwise prescribed by law and subject to the 
statutory authority of the Secretary of the Navy to assign functions, 
powers and duties, the Commandant of the Marine Corps performs duties 
under the authority, direction and control of the Secretary of the Navy 
and is directly responsible to the Secretary.
    (b) Subject to the authority, direction and control of the 
Secretary of the Navy, the Commandant of the Marine Corps shall:
    (1) Preside over the Headquarters, Marine Corps;
    (2) Transmit the plans and recommendations of the Headquarters, 
Marine Corps, to the Secretary and advise the Secretary with regard to 
such plans and recommendations;
    (3) After approval of the plans or recommendations of the 
Headquarters, Marine Corps, by the Secretary, act as the agent of the 
Secretary in carrying them into effect;
    (4) Exercise supervision, consistent with the statutory authority 
assigned to commanders of unified or specified combatant commands, over 
such of the members and organizations of the Navy and the Marine Corps 
as the Secretary determines;
    (5) Perform the duties prescribed for a member of the Armed Forces 
Policy Council and other statutory duties; and
    (6) Perform such other military duties, not otherwise assigned by 
law, as are assigned to the Commandant of the Marine Corps by the 
President, the Secretary of Defense or the Secretary of the Navy.
    (c) The Commandant of the Marine Corps shall also perform the 
statutory duties prescribed for a member of the Joint Chiefs of Staff.
    (1) To the extent that such action does not impair the independence 
of the Commandant of the Marine Corps in the performance of duties as a 
member of the Joint Chiefs of Staff, the Commandant of the Marine Corps 
shall inform the Secretary of the Navy regarding military advice 
rendered by members of the Joint Chiefs of Staff on matters affecting 
the Department of the Navy.
    (2) Subject to the authority, direction and control of the 
Secretary of Defense, the Commandant of the Marine Corps shall keep the 
Secretary of the Navy fully informed of significant military operations 
affecting the duties and responsibilities of the Secretary of the Navy.


Sec. 700.504  Statutory authority and responsibility of the 
Headquarters, Marine Corps.

    (a) The Headquarters, Marine Corps, shall furnish professional 
assistance to the Secretary, the Under Secretary and the Assistant 
Secretaries of the Navy, and to the Commandant of the Marine Corps.
    (1) Under the authority, direction and control of the Secretary of 
the Navy, the Headquarters, Marine Corps shall:
    (i) Subject to Sec. 700.311(a), prepare for such employment of the 
Marine Corps, and for such recruiting, organizing, supplying, equipping 
(including those aspects of research and development assigned by the 
Secretary of the Navy), training, servicing, mobilizing, demobilizing, 
administering, and maintaining of the Marine Corps, as will assist in 
the execution of any power, duty or function of the Secretary or the 
Commandant;
    (ii) Investigate and report upon the efficiency of the Marine Corps 
and its preparation to support military operations by combatant 
commands;
    (iii) Prepare detailed instructions for the execution of approved 
plans and supervise the execution of those plans and instructions;
    (iv) As directed by the Secretary or the Commandant, coordinate the 
action of organizations of the Marine Corps; and
    (v) Perform such other duties, not otherwise assigned by law, as 
may be prescribed by the Secretary.
    (2) [Reserved]
    (b) Except as otherwise specifically prescribed by law, the 
Headquarters, Marine Corps, shall be organized in such manner, and its 
members shall perform such duties and have such titles, as the 
Secretary may prescribe.


Sec. 700.505  Delegated authority and responsibility.

    (a)(1) Internal to the administration of the Department of the 
Navy, the Commandant of the Marine Corps, consistent with the statutory 
authority assigned to commanders of unified or specified combatant 
commands, under the direction of the Secretary of the Navy, shall 
command:
    (i) The operating forces of the Marine Corps; and
    (ii) Such shore activities as may be assigned by the Secretary.
    (2) The Commandant shall be responsible to the Secretary of the 
Navy for the utilization of resources by, and the operating efficiency 
of, all commands and activities under such command.
    (b) In addition, the Commandant has the following specific 
responsibilities:
    (1) To plan for and determine the needs of the Marine Corps for 
equipment, weapons or weapons systems, materials, supplies, facilities, 
maintenance, and supporting services. This responsibility includes the 
determination of Marine Corps

[[Page 56071]]

characteristics of equipment and material to be procured or developed, 
and the training required to prepare Marine Corps personnel for combat. 
It also includes the operation of the Marine Corps Material Support 
System.
    (2) Subject to guidance from the Assistant Secretary of the Navy 
(Financial Management), to formulate budget proposals for the 
Headquarters, Marine Corps, the Operating Forces of the Marine Corps, 
and other activities and programs as assigned.
    (3) To develop, in coordination with other military services, the 
doctrines, tactics and equipment employed by landing forces in 
amphibious operations.
    (4) To formulate Marine Corps strategic plans and policies and 
participate in the formulation of joint and combined strategic plans 
and policies and related command relationships.
    (5) To plan for and determine the present and future needs, both 
quantitative and qualitative, for manpower, including reserve personnel 
and civilian personnel, of the United States Marine Corps. This 
includes responsibility for leadership in maintaining a high degree of 
competence among Marine Corps officer and enlisted personnel and Marine 
Corps civilian personnel in necessary fields of specialization through 
education, training and equal opportunities for personal advancement; 
and for leadership in maintaining the morale and motivation of Marine 
Corps personnel and the prestige of a career in the Marine Corps.

Subpart F--The United States Coast Guard (When Operating as a 
Service in the Navy)


Sec. 700.601  Relationship and operation as a service in the Navy.

    (a) Upon the declaration of war or when the President directs, the 
Coast Guard shall operate as a service in the Navy, and shall be 
subject to the orders of the Secretary of the Navy. While so operating 
as a service in the Navy, and to the extent practicable, Coast Guard 
operations shall be integrated and uniform with Navy operation.
    (b) Whenever the Coast Guard operates as a service in the Navy:
    (1) Applicable appropriations of the Coast Guard to cover expenses 
shall be available for transfer to the Department of the Navy and 
supplemented, as required, from applicable appropriations of the 
Department of the Navy;
    (2) Personnel of the Coast Guard shall be eligible to receive 
gratuities, medals and other insignia of honor on the same basis as 
personnel in the naval service or serving in any capacity with the 
Navy; and
    (3) To the extent practicable, Coast Guard personnel, ships, 
aircraft and facilities will be utilized as organized Coast Guard 
units.


Sec. 700.602  The Commandant of the Coast Guard.

    (a) The Commandant of the Coast Guard is the senior officer of the 
United States Coast Guard.
    (b) When reporting to the Secretary of the Navy, the Commandant 
will report to the Chief of Naval Operations.
    (c) The Chief of Naval Operations shall represent the Coast Guard 
before the Joint Chiefs of Staff.


Sec. 700.603  Duties and responsibilities.

    In exercising command over the Coast Guard while operating as a 
service of the Navy, the Commandant shall:
    (a) Organize, train, prepare and maintain the readiness of the 
Coast Guard to function as a specialized service in the Navy for the 
performance of national defense missions, as directed;
    (b) Plan for and determine the present and future needs of the 
Coast Guard, both quantitative and qualitative, for personnel, 
including reserve personnel;
    (c) Budget for the Coast Guard, except as may be otherwise directed 
by the Secretary of the Navy;
    (d) Plan for and determine the support needs of the Coast Guard for 
equipment, materials, weapons or combat systems, supplies, facilities, 
maintenance and supporting services;
    (e) Exercise essential military administration of the Coast Guard. 
This includes, but is not limited to, such matters as discipline, 
communications, personnel records and accounting, conforming, as 
practicable, to Navy procedures;
    (f) In conjunction with the Director of Naval Intelligence, and the 
National Intelligence Community, where appropriate, establish and 
maintain an intelligence and security capability to provide support for 
the maritime defense zones, port security, narcotics interdiction, 
anti-terrorist activity, fishery activity, pollution monitoring and 
other Coast Guard missions;
    (g) Enforce or assist in enforcing Federal laws on and under the 
high seas and waters subject to the jurisdiction of the United States;
    (h) Administer, promulgate and enforce regulations for the 
promotion of safety of life and property on and under the high seas and 
waters subject to the jurisdiction of the United States. This applies 
to those matters not specifically delegated by law to some other 
executive department;
    (i) Develop, establish, maintain and operate, with due regard to 
the requirements of national defense, aids to maritime navigation, ice 
breaking facilities, for the promotion of safety on, under and over the 
high seas and waters subject to the jurisdiction of the United States;
    (j) Engage in oceanographic surveys in conjunction with the Office 
of the Oceanographer of the Navy; and
    (k) Continue in effect under the Secretary of the Navy those other 
functions, powers and duties vested in the Commandant by appropriate 
orders and regulations of the Secretary of Transportation on the day 
prior to the effective date of transfer of the Coast Guard to the 
Department of the Navy until specifically modified or terminated by the 
Secretary of the Navy.

Subpart G--Commanders In Chief and Other Commanders

Titles and Duties of Commanders


Sec. 700.701  Titles of Commanders.

    (a) The commander of a principal organization of the operating 
forces of the Navy, as determined by the chief of Naval Operations, or 
the officer who has succeeded to such command as provided elsewhere in 
these regulations, shall have the title ``Commander in Chief.'' The 
name of the organization under the command of such an officer shall be 
added to form his or her official title.
    (b) The commander of each other organization of units of the 
operating forces of the Navy or marine corps, or organization of units 
of shore activities, shall have the title ``Commander,'' 
``Commandant,'' ``Commanding General'' or other appropriate title. The 
name of the organization under the command of such an officer shall be 
added to form his or her official title.


Sec. 700.702  Responsibility and authority of commanders.

    (a) Commanders shall be responsible for the satisfactory 
accomplishment of the mission and duties assigned to their commands. 
Their authority shall be commensurate with their responsibilities. 
Normally, commanders shall exercise authority through their immediate 
subordinate commanders, but they may communicate directly with any of 
their subordinates.
    (b) Commanders shall ensure that subordinate commands are fully 
aware of the importance of strong, dynamic leadership and its 
relationship to the overall efficiency and readiness of naval

[[Page 56072]]

forces. Commanders shall exercise positive leadership and actively 
develop the highest qualities of leadership in persons with positions 
of authority and responsibility throughout their commands.
    (c) Subject to orders of higher authority, and subject to the 
provisions of Sec. 700.106 of these regulations, commanders shall issue 
such regulations and instructions as may be necessary for the proper 
administration of their commands.
    (d) Commanders shall hold the same relationship to their flagships, 
or to shore activities of the command in which their headquarters may 
be located, in regard to internal administration and discipline, as to 
any other ship or shore activity of their commands.


Sec. 700.703  To announce assumption of command.

    (a) Upon assuming command, commanders shall so advise appropriate 
superiors, and the units of their commands.
    (b) When appropriate, commanders shall also advise the following 
officers and officials located within the area encompassed by the 
command concerning their assumption of command.
    (1) Senior commanders of other United States armed services;
    (2) Officials of other federal agencies; and
    (3) Officials of foreign governments.


Sec. 700.704  Readiness.

    Commanders shall take all practicable steps to maintain their 
commands in a state of readiness to perform their missions. In 
conformity with the orders and policies of higher authority, they 
shall:
    (a) Organize the forces and resources under their command and 
assign duties to their principal subordinate commanders;
    (b) Prepare plans for the employment of their forces to meet 
existing and foreseeable situations;
    (c) Collaborate with the commanders of other United States armed 
services and with appropriate officials of other federal agencies and 
foreign governments located within the area encompassed by their 
commands;
    (d) Maintain effective intelligence and keep themselves informed of 
the political and military aspects of the national and international 
situation;
    (e) Make, or cause to be made, necessary inspections to ensure the 
readiness, effectiveness and efficiency of the components of their 
commands; and
    (f) Develop, in accordance with directives issued by higher 
authority, training strategies and plans for their commands.


Sec. 700.705  Observance of international law.

    At all times, commanders shall observe, and require their commands 
to observe, the principles of international law. Where necessary to 
fulfill this responsibility, a departure from other provisions of Navy 
Regulations is authorized.


Sec. 700.706  Keeping immediate superiors informed.

    Commanders shall keep their immediate superiors appropriately 
informed of:
    (a) The organization of their commands, the prospective and actual 
movements of the units of their commands, and the location of their 
headquarters;
    (b) Plans for employment of their forces;
    (c) The condition of their commands and of any required action 
pertaining thereto which is beyond their capacity or authority;
    (d) Intelligence information which may be of value;
    (e) Any battle, engagement or other significant action involving 
units of their commands;
    (f) Any important service or duty performed by persons or units of 
their commands; and
    (g) Unexecuted orders and matters of interest upon being relieved 
of command.

Staffs of Commanders


Sec. 700.710  Organization of a staff.

    (a) The term ``staff'' means those officers and other designated 
persons assigned to a commander to assist him or her in the 
administration and operation of his or her command.
    (b) The officer detailed as chief of staff and aide to a fleet 
admiral or admiral normally shall be a vice admiral or a rear admiral. 
The officer detailed as chief of staff and aide to a vice admiral or 
rear admiral shall normally be a rear admiral or a captain. The 
detailing of a vice commander or a deputy to a commander shall be 
reserved for selected commanders. An officer detailed as chief staff 
officer to another officer shall normally not be of the same grade as 
that officer.
    (c) The staff shall be organized into such divisions as may be 
prescribed by the commander concerned or by higher authority. These 
divisions shall conform in nature and designation, as practicable and 
as appropriate, to those of the staffs of superiors.
    (d) The staff of a flag or general officer may include one or more 
personal aides.


Sec. 700.711  Authority and responsibilities of officers of a staff.

    (a) The chief of staff and aide or chief staff officer, under the 
commander, shall be responsible for supervising and coordinating the 
work of the staff and shall be kept informed of all matters pertaining 
to that work. All persons attached to the staff, except a vice 
commander or deputy responsible directly to the commander shall be 
subordinate to the chief of staff and aide or chief staff officer while 
he or she is executing the duties of that office.
    (b) The officers of a staff shall be responsible for the 
performance of those duties assigned to them by the commander and shall 
advise the commander on all matters pertaining thereto. In the 
performance of their staff duties they shall have no command authority 
of their own. In carrying out such duties, they shall act for, and in 
the name of, the commander.

Administration and Discipline


Sec. 700.720  Administration and discipline: Staff embarked.

    In matters of general discipline, the staff of a commander embarked 
and all enlisted persons serving with the staff shall be subject to the 
internal regulations and routine of the ship. They shall be assigned 
regular stations for battle and emergencies. Enlisted persons serving 
with the staff shall be assigned to the ship for administration and 
discipline, except in the case of a staff embarked for passage only, 
and provided in that case that an organization exists and is authorized 
to act for such purposes.


Sec. 700.721  Administration and discipline: Staff based ashore.

    When a staff is based ashore, the enlisted persons serving with the 
staff shall, when practicable, be assigned to an appropriated activity 
for purposes of administration and discipline. The staff officers may 
be similarly assigned. Members of a staff assigned for any purpose to a 
command or activity shall conform in matters of general discipline to 
the internal regulations and routine of that command or activity.


Sec. 700.722  Administration and discipline: Staff unassigned to an 
administrative command.

    (a) When it is not practicable to assign enlisted persons serving 
with the staff of a commander to an established activity for 
administration and discipline, the commander may designate an officer 
of the staff to act as the commanding

[[Page 56073]]

officer of such persons and shall notify the Judge Advocate General and 
the Commandant of the Marine Corps, or the Chief of Naval Personnel, as 
appropriate, of such action.
    (b) If the designating commander desires the commanding officer of 
staff enlisted personnel to possess authority to convene courts-
martial, the commander should request the Judge Advocate General to 
obtain such authorization from the Secretary of the Navy.


Sec. 700.723  Administration and discipline: Separate and detached 
command

    Any flag or general officer in command, any officer authorized to 
convene general courts-martial, or the senior officer present may 
designate organizations which are separate or detached commands. Such 
officer shall state in writing that it is a separate or detached 
command and shall inform the Judge Advocate General of the action 
taken. If authority to convene courts-martial is desired for the 
commanding officer or officer in charge of such separate or detached 
command, the officer designating the organization as separate or 
detached shall request the Judge Advocate general to obtain 
authorization from the Secretary of the Navy.

Subpart H--The Commanding Officer

Commanding Officers in General


Sec. 700.801  Applicability.

    In addition to commanding officers, the provisions of this chapter 
shall apply, where pertinent, to aircraft commanders, officers in 
charge (including warrant officers and petty officers when so detailed) 
and those persons standing the command duty.


Sec. 700.802  Responsibility.

    (a) The responsibility of the commanding officer for his or her 
command is absolute, except when, and to the extent, relieved therefrom 
by competent authority, or as provided otherwise in these regulations. 
The authority of the commanding officer is commensurate with his or her 
responsibility. While the commanding officer may, at his or her 
discretion, and when not contrary to law or regulations, delegate 
authority to subordinates for the execution of details, such delegation 
of authority shall in no way relieve the commanding officer of his or 
her continued responsibility for the safety, well-being, and efficiency 
of the entire command.
    (b) A commanding officer who departs from his or her orders or 
instructions, or takes official action which is not in accordance with 
such orders or instructions, does so upon his or her own responsibility 
and shall report immediately the circumstances to the officer from whom 
the prior orders or instructions were received. Of particular 
importance is the commanding officer's duty to take all necessary and 
appropriate action in self-defense of the command.
    (c) The commanding officer shall be responsible for economy within 
his or her command. To this end the commanding officer shall require 
from his or her subordinates a rigid compliance with the regulations 
governing the receipt, accounting, and expenditure of public money and 
materials, and the implementation of improved management techniques and 
procedures.
    (d) The commanding officer and his or her subordinates shall 
exercise leadership through personal example, moral responsibility, and 
judicious attention to the welfare of persons under their control or 
supervision. Such leadership shall be exercised in order to achieve a 
positive, dominant influence on the performance of persons in the 
Department of the Navy.


Sec. 700.804  Organization of commands.

    All commands and other activities of the Department of the Navy 
shall be organized and administered in accordance with law, United 
States Navy Regulations, and the orders of competent authority. All 
orders and instructions of the commanding officer shall be in 
accordance therewith.


Sec. 700.809  Persons found under incriminating circumstances.

    (a) The commanding officer shall keep under restraint or 
surveillance, as necessary, any person not in the armed services of the 
United States who is found under incriminating or irregular 
circumstances within the command, and shall immediately initiate an 
investigation.
    (b) Should an investigation indicate that such person is not a 
fugitive from justice or has not committed or attempted to commit an 
offense, he shall be released at the earliest opportunity, except:
    (1) If not a citizen of the United States, and the place of release 
is under the jurisdiction of the United States, the nearest federal 
immigration authorities shall be notified as to the time and place of 
release sufficiently in advance to permit them to take such steps as 
they deem appropriate.
    (2) Such persons shall not be released in territory not under the 
jurisdiction of the United States without first obtaining the consent 
of the proper foreign authorities, except where the investigation shows 
that he entered the command from territory of the foreign state, or 
that he is a citizen or subject of that state.
    (c) If the investigation indicates that such person has committed 
or attempted to commit an offense punishable under the authority of the 
commanding officer, the latter shall take such action as he deems 
necessary.
    (d) If the investigation indicates that such a person is a fugitive 
from justice, or has committed or attempted to commit an offense which 
requires actions beyond the authority of the commanding officer, the 
latter shall, at the first opportunity, deliver such person, together 
with a statement of the circumstances, to the proper civil authorities.
    (e) In all cases under paragraph (d) of this section, a report 
shall be made promptly to the Chief of Naval Operations or the 
Commandant of the Marine Corps, as appropriate.


Sec. 700.810  Rules for visits.

    (a) Commanding officers are responsible for the control of visitors 
to their commands and shall comply with the relevant provisions of 
Department of the Navy concerning classified information and physical 
security.
    (b) Commanding officers shall take such measures and impose such 
restrictions on visitors as are necessary to safeguard the classified 
material under their jurisdiction. Arrangements for general visiting 
shall always be made with due regard for physical security and based on 
the assumption that foreign agents will be among the visitors.
    (c) Commanding officers and others officially concerned shall 
exercise reasonable care to safeguard the persons and property of 
visitors to naval activities as well as taking those necessary 
precautions to safeguard the persons and property within the command.


Sec. 700.811  Dealers, tradesmen, and agents.

    (a) In general, dealers or tradesmen or their agents shall not be 
admitted within a command, except as authorized by the commanding 
officer:
    (1) To conduct public business;
    (2) To transact specific private business with individuals at the 
request of the latter; or
    (3) To furnish services and supplies which are necessary and are 
not otherwise, or are insufficiently, available to the personnel of the 
command.
    (b) Personal commercial solicitation and the conduct of commercial

[[Page 56074]]

transactions are governed by policies of the Department of Defense.


Sec. 700.812  Postal matters.

    Commanding officers shall ensure that mail and postal funds are 
administered in accordance with instructions issued by the Postmaster 
General and approved for the naval service by the Chief of Naval 
Operations, and instructions issued by the Chief of Naval Operations, 
the Chief of Naval Personnel, or the Commandant of the Marine Corps, as 
appropriate; and that postal clerks or other persons authorized to 
handle mail perform their duties strictly in accordance with those 
instructions.


Sec. 700.815  Deaths.

    The commanding officer, in the event of the death of any person 
within his or her command, shall ensure that the cause of death and the 
circumstances under which death occurred are established, that the 
provisions of the Manual of the Judge Advocate General are adhered to 
in documenting the cause and circumstances, and that the appropriate 
casualty report is submitted.


Sec. 700.816  The American National Red Cross.

    (a) Pursuant to the request of the Secretary of the Navy, and 
subject to such instructions as the Secretary may issue, the American 
National Red Cross is authorized to conduct a program of welfare, 
including social, financial, medical and dental aid, for naval 
personnel; to assist in matters pertaining to prisoners of war; and to 
provide such other services as are appropriate functions for the Red 
Cross. The American National Red Cross is the only volunteer society 
authorized by the Government to render medical and dental aid to the 
armed forces of the United States. Other organizations desiring to 
render medical and dental aid may do so only through the Red Cross.
    (b) Requests for Red Cross services shall be made to the Chief of 
Naval Personnel or the Commandant of the Marine Corps or, in the case 
of medical services, to the Commander, Naval Medical Command.
    (c) Activities and personnel of the American National Red Cross in 
areas subject to naval jurisdiction shall conform to such 
administrative regulations as may be prescribed by appropriate naval 
authority.
    (d) Red Cross personnel shall be considered to have the status of 
commissioned officers, subject to such restrictions as may be imposed 
by the Chief of Naval Personnel or the Commandant of the Marine Corps.


Sec. 700.819  Records.

    The commanding officer shall require that records relative to 
personnel, material and operations, as required by current 
instructions, are maintained properly by those responsible therefor.


Sec. 700.822  Delivery of personnel to civil authorities and service of 
subpoena or other process.

    (a) Commanding officers or other persons in authority shall not 
deliver any person in the naval service to civil authorities except as 
provided by the Manual of the Judge Advocate General.
    (b) Commanding officers are authorized to permit the service of 
subpoenas or other process as provided by the Manual of the Judge 
Advocate General.


Sec. 700.826  Physical security.

    (a) The commanding officer shall take appropriate action to 
safeguard personnel, to prevent unauthorized access to installations, 
equipment, materials and documents, and to safeguard them against acts 
of sabotage, damage, theft, or terrorism.
    (b) The commanding officer shall take action to protect and 
maintain the security of the command against dangers from fire, 
windstorms, or other acts of nature.


Sec. 700.827  Effectiveness for service.

    The commanding officer shall:
    (a) Exert every effort to maintain the command in a state of 
maximum effectiveness for war or other service consistent with the 
degree of readiness as may be prescribed by proper authority. 
Effectiveness for service is directly related to the state of personnel 
and material readiness; and
    (b) Make him or herself aware of the progress of any repairs, the 
status of spares, repair parts and other components, personnel 
readiness and other factors or conditions that could lessen the 
effectiveness of his or her command. When the effectiveness is lessened 
appreciably, that fact shall be reported to appropriate superiors.


Sec. 700.828  Search by foreign authorities.

    (a) The commanding officer shall not permit a ship under his or her 
command to be searched on any pretense whatsoever by any person 
representing a foreign state, nor permit any of the personnel within 
the confines of his or her command to be removed from the command by 
such person, so long as he has the capacity to repel such act. If force 
should be exerted to compel submission, the commanding officer is to 
resist that force to the utmost of his or her power.
    (b) Except as may be provided by international agreement, the 
commanding officer of a shore activity shall not permit his or her 
command to be searched by any person representing a foreign state, nor 
permit any of the personnel within the confines of his or her command 
to be removed from the command by such person, so long as he or she has 
the power to resist.


Sec. 700.832  Environmental pollution.

    The commanding officer shall cooperate with Federal, state and 
local governmental authorities in the prevention, control and abatement 
of environmental pollution. If the requirements of any environmental 
law cannot be achieved because of operational considerations, 
insufficient resources or other reason, the commanding officer shall 
report to the immediate superior in the chain of command. The 
commanding officer shall be aware of existing policies regarding 
pollution control, and should recommend remedial measures when 
appropriate.


Sec. 700.834  Care of ships, aircraft, vehicles and their equipment.

    The commanding officer shall cause such inspections and tests to be 
made and procedures carried out as are prescribed by competent 
authority, together with such others as he or she deems necessary, to 
ensure the proper preservation, repair, maintenance and operation of 
any ship, aircraft, vehicle, and their equipment assigned to his or her 
command.


Sec. 700.835  Work, facilities, supplies, or services for other 
Government departments, State or local governments, foreign 
governments, private parties and morale, welfare, and recreational 
activities.

    (a) Work may be done for or on facilities, supplies, or services 
furnished to departments and agencies of the Federal and State 
governments, local governments, foreign governments, private parties, 
and morale, welfare, and recreational activities with the approval of a 
commanding officer provided:
    (1) The cost does not exceed limitations the Secretary of the Navy 
may approve or specify; and
    (2) In the case of private parties, it is in the interest of the 
government to do so and there is no issue of competition with private 
industry; and
    (3) In the case of foreign governments, a disqualification of a 
government has not been issued for the benefits of this article.
    (b) Work shall not be started nor facilities, supplies, or services 
furnished morale, welfare, and recreational activities not classified 
as

[[Page 56075]]

instrumentalities of the United States, or state or local governments 
or private parties, until funds to cover the estimated cost have been 
deposited with the commanding officer or unless otherwise provided by 
law.
    (c) Work shall not be started, nor facilities, supplies, or 
services furnished other Federal Government departments and agencies, 
or expenses charged to non-appropriated funds of morale, welfare and 
recreational activities classified as instrumentalities of the United 
States, until reimbursable funding arrangements have been made.
    (d) Work, facilities, supplies, or services furnished non-
appropriated fund activities classified as instrumentalities of the 
United States in the Navy Comptroller Manual shall be funded in 
accordance with regulations of the Comptroller of the Navy.
    (e) Supplies or services may be furnished to naval vessels and 
military aircraft of friendly foreign governments (unless otherwise 
provided by law or international treaty or agreement):
    (1) On a reimbursable basis without an advancement of funds, when 
in the best interest of the United States:
    (i) Routine port services (including pilotage, tugs, garbage 
removal, linehandling and utilities) in territorial waters or waters 
under United States control.
    (ii) Routine airport services (including air traffic control, 
parking, servicing and use of runways).
    (iii) Miscellaneous supplies (including fuel, provisions, spare 
parts, and general stores) but not ammunition. Supplies are subject to 
approval of the cognizant fleet or force commanders when provided 
overseas.
    (iv) With approval of Chief of Naval Operations in each instance, 
overhauls, repairs, and alterations together with necessary equipment 
and its installation required in connection therewith, to vessels and 
military aircraft.
    (2) Routine port and airport services may be furnished at no cost 
to the foreign government concerned where such services are provided by 
persons of the naval service without direct cost to the Department of 
the Navy.
    (f) In cases of emergency involving possible loss of life or 
valuable property, work may be started or facilities furnished prior to 
authorization, or provision for payment, but in all such cases a 
detailed report of the facts and circumstances shall be made promptly 
to the Secretary of the Navy or the appropriate authority.
    (g) Charges and accounting for any work, supplies, or services 
shall be as prescribed in the Navy Comptroller Manual.

Commanding Officers Afloat


Sec. 700.840  Unauthorized persons on board.

    The commanding officer shall satisfy him or herself that there is 
no unauthorized person on board before proceeding to sea or commencing 
a flight.


Sec. 700.841  Control of passengers.

    (a) Control of passage in and protracted visits to aircraft and 
ships of the Navy by all persons, within or without the Department of 
the Navy, shall be exercised by the Chief of Naval Operations.
    (b) Nothing in this section shall be interpreted as prohibiting the 
senior officer present from authorizing the passage in ships and 
aircraft of the Navy by such persons as he or she judges necessary in 
the public interest or in the interest of humanity. The senior officer 
present shall report the circumstances to the Chief of Naval Operations 
when he or she gives such authorization.


Sec. 700.842  Authority over passengers.

    Except as otherwise provided in these regulations or in orders from 
competent authority, all passengers in a ship or aircraft of the naval 
service are subject to the authority of the commanding officer and 
shall conform to the internal regulations and routine of the ship or 
aircraft. The commanding officer of such ship or aircraft shall take no 
disciplinary action against a passenger not in the naval service, other 
than that authorized by law. The commanding officer may, when he or she 
deems such an action to be necessary for the safety of the ship or 
aircraft or of any persons embarked, subject a passenger not in the 
naval service to such restraint as the circumstances require until such 
time as delivery to the proper authorities is possible. A report of the 
matter shall be made to an appropriate superior of the passenger.


Sec. 700.844  Marriages on board.

    The commanding officer shall not perform a marriage ceremony on 
board his or her ship or aircraft. He or she shall not permit a 
marriage ceremony to be performed on board when the ship or aircraft is 
outside the territory of the United States, except:
    (a) In accordance with local laws and the laws of the state, 
territory, or district in which the parties are domiciled, and
    (b) In the presence of a diplomatic or consular official of the 
United States, who has consented to issue the certificates and make the 
returns required by the consular regulations.


Sec. 700.845  Maintenance of logs.

    (a) A deck log and an engineering log shall be maintained by each 
ship in commission, and by such other ships and craft as may be 
designated by the Chief of Naval Operations.
    (b) A compass record shall be maintained as an adjunct to the deck 
log. An engineer's bell book shall be maintained as an adjunct to the 
engineering log.
    (c) The Chief of Naval Operations shall prescribe regulations 
governing the contents and preparation of the deck and engineering logs 
and adjunct records.
    (d) In the case of a ship or craft equipped with automated data 
logging equipment, the records generated by such equipment satisfy the 
requirements of this section.


Sec. 700.846  Status of logs.

    The deck log, the engineering log, the compass record, the bearing 
hooks, the engineer's bell book, and any records generated by automated 
data logging equipment shall each constitute an official record of the 
command.


Sec. 700.847  Responsibility of a master of an in-service ship of the 
Military Sealift Command.

    (a) In an in-service ship of the Military Sealift Command, the 
master's responsibility is absolute, except when, and to the extent, 
relieved therefrom by competent authority. The authority of the master 
is commensurate with the master's responsibility. The master is 
responsible for the safety of the ship and all persons on board. He or 
she is responsible for the safe navigation and technical operation of 
the ship and has paramount authority over all persons on board. He or 
she is responsible for the preparation of the abandon ship bill and has 
exclusive authority to order the ship abandoned. The master may, using 
discretion, and when not contrary to law or regulation, delegate 
authority for operation of shipboard functions to competent 
subordinates. However, such delegation of authority shall in no way 
relieve the master of continued responsibility for the safety, well-
being, and efficiency of the ship.
    (b) All orders and instructions of the master shall be in 
accordance with appropriate laws of the United States, and all 
applicable orders and regulations of the Navy, Military Sealift 
Command, and the Office of Personnel Management. A master who departs 
from the orders or instructions of competent authority or takes 
official action contrary to such orders or instructions, shall report 
immediately the circumstances to the authority from

[[Page 56076]]

whom the prior orders or instructions were received.


Sec. 700.848  Relations with merchant seamen.

    When in foreign waters, the commanding officer, with the approval 
of the senior officer present, may receive on board as supernumeraries 
for rations and passage:
    (a) Distressed seamen of the United States for passage to the 
United States, provided they bind themselves to be amenable in all 
respects to Navy Regulations.
    (b) As prisoners, seamen from merchant vessels of the United 
States, provided that the witnesses necessary to substantiate the 
charges against them are received, or adequate means adopted to ensure 
the presence of such witnesses on arrival of the prisoners at the place 
where they are to be delivered to the civil authorities.


Sec. 700.855  Status of boats.

    (a) Boats shall be regarded in all matters concerning the rights, 
privileges and comity of nations as part of the ship or aircraft to 
which they belong.
    (b) In ports where war, insurrection or armed conflict exists or 
threatens, the commanding officer shall:
    (1) Require that boats away from the ship or aircraft have some 
appropriate and competent person in charge; and
    (2) See that steps are taken to make their nationality evident at 
all times.


Sec. 700.856  Pilotage.

    (a) The commanding officer shall:
    (1) Pilot the ship under all ordinary circumstances, but he may 
employ pilots whenever, in his or her judgment such employment is 
prudent;
    (2) Not call a pilot on board until the ship is ready to proceed;
    (3) Not retain a pilot on board after the ship has reached her 
destination or a point where the pilot is no longer required;
    (4) Give preference to licensed pilots; and
    (5) Pay pilots no more than the local rates.
    (b) A pilot is merely an adviser to the commanding officer. The 
presence on board of a pilot shall not relieve the commanding officer 
or any subordinate from his or her responsibility for the proper 
performance of the duties with which he or she may be charged 
concerning the navigation and handling of the ship. For an exception to 
the provisions of this paragraph, see ``Rules and Regulations Covering 
Navigation of the Panama Canal and Adjacent Waters,'' (35 CFR Chapter 
I, subchapter C) which directs that the pilot assigned to a vessel in 
those waters shall have control of the navigation and movement of the 
vessel. Also see the provisions of these regulations concerning the 
navigation of ships at a naval shipyard or station, or in entering or 
leaving drydock.


Sec. 700.857  Safe navigation and regulations governing operation of 
ships and aircraft.

    (a) The commanding officer is responsible for the safe navigation 
of his or her ship or aircraft, except as prescribed otherwise in these 
regulations for ships at a naval shipyard or station, in drydock, or in 
the Panama Canal. During an armed conflict, an exercise simulating 
armed conflict, or an authorized law enforcement activity, competent 
authority may modify the use of lights or other safeguards against 
collision. Except in time of actual armed conflict, such modifications 
will be authorized only when ships or aircraft clearly will not be 
hazarded.
    (b) Professional standards and regulations governing shiphandling, 
safe navigation, safe anchoring and related operational matters shall 
be promulgated by the Chief of Naval Operations.
    (c) Professional standards and regulations governing the operation 
of naval aircraft and related matters shall be promulgated by the Chief 
of Naval Operations or the Commandant of the Marine Corps, as 
appropriate.
    (d) The Commanding Officer is responsible for ensuring that weather 
and oceanic effects are considered in the effective and safe operation 
of his or her ship or aircraft.


Sec. 700.859  Quarantine.

    (a) The commanding officer or aircraft commander of a ship or 
aircraft shall comply with all quarantine regulations and restrictions, 
United States or foreign, for the port or area within which the ship or 
aircraft is located.
    (b) The commanding officer shall give all information required by 
authorized foreign officials, insofar as permitted by military 
security, and will meet the quarantine requirements promulgated by 
proper authority for United States or foreign ports. However, nothing 
in this section shall be interpreted as authorizing commanding officers 
to permit on board inspections by foreign officials, or to modify in 
any manner the provisions of Sec. 700.828 of these regulations.
    (c) The commanding officer shall allow no intercourse with a port 
or area or with other ships or aircraft until after consultation with 
local health authorities when:
    (1) Doubt exists as to the sanitary regulations or health 
conditions of the port or area;
    (2) A quarantine condition exists aboard the ship or aircraft;
    (3) Coming from a suspected port or area, or one actually under 
quarantine.
    (d) No concealment shall be made of any circumstance that may 
subject a ship or aircraft of the Navy to quarantine.
    (e) Should there appear at any time on board a ship or aircraft 
conditions which present a hazard of introduction of a communicable 
disease outside the ship or aircraft, the commanding officer or 
aircraft commander shall at once report the fact to the senior officer 
present, to other appropriate higher authorities and, if in port, to 
the health authorities having quarantine jurisdiction. The commanding 
officer or aircraft commander shall prevent all contracts likely to 
spread disease until pratique is received. The commanding officer of a 
ship in port shall hoist the appropriate signal.


Sec. 700.860  Customs and immigration inspections.

    (a) The commanding officer or aircraft commander shall facilitate 
any proper examination which it may be the duty of a customs officer or 
immigration officer of the United States to make on board the ship or 
aircraft. The commanding officer or air craft commander shall not 
permit a foreign customs officer or an immigration officer to make any 
examination whatsoever, except as hereinafter provided, on board the 
ship, aircraft or boats under his or her command.
    (b) When a ship or aircraft of the Navy or a public vessel manned 
by naval personnel and operating under the direction of the Department 
of the Navy is carrying cargo for private commercial account, such 
cargo shall be subject to the local customs regulations of the port, 
domestic or foreign, in which the ship or aircraft may be, and in all 
matters relating to such cargo, the procedure prescribed for private 
merchant vessels and aircraft shall be followed. Government-owned 
stores or cargo in such ship or aircraft not landed nor intended to be 
landed nor in any manner trafficked in, are, by the established 
precedent of international courtesy, exempt from customs duties, but a 
declaration of such stores or cargo, when required by local customs 
regulations, shall be made. Commanding officers shall prevent, as far 
as possible, disputes with the local authorities in such cases, but 
shall protect the ship or aircraft and the

[[Page 56077]]

Government-owned stores and cargo from any search or seizure.
    (c) Upon arrival from a foreign country, at the first port of entry 
in United States territory, the commanding officer, or the senior 
officer of ships or aircraft in company, shall notify the collector of 
the port. Each individual aboard shall, in accordance with customs 
regulations, submit a list of articles purchased or otherwise acquired 
by him abroad. Dutiable articles shall not be landed until the customs 
officer has completed his inspection.
    (d) Commanding officers of naval vessels and aircraft transporting 
United States civilian and foreign military and civilian passengers 
shall satisfy themselves that the passenger clearance requirements of 
the Immigration and Naturalization Service are complied with upon 
arrival at points within the jurisdiction of the United States. 
Clearance for such passengers by an immigration officer is necessary 
upon arrival from foreign ports and at the completion of movements 
between any of the following: Continental United States (including 
Alaska and Hawaii), the Canal Zone, Puerto Rico, Virgin Islands, Guam, 
American Samoa, or other outlying places subject to United States 
jurisdiction. Commanding officers, prior to arriving, shall advise the 
cognizant naval or civilian port authority of the aforementioned 
passengers aboard and shall detain them for clearance as required by 
the Immigration and Naturalization Service.
    (e) The provisions of this section shall not be construed to 
require delaying the movements of any ship or aircraft of the Navy in 
the performance of her assigned duty.

Special Circumstances/Ships in Naval Stations and Shipyards


Sec. 700.871  Responsibility for safety of ships and craft at a naval 
station or shipyard.

    (a) The commanding officer of a naval station or shipyard shall be 
responsible for the care and safety of all ships and craft at such 
station or shipyard not under a commanding officer or assigned to 
another authority, and for any damage that may be done by or to them. 
In addition, the commanding officer of a naval station or shipyard 
shall be responsible for the safe execution of work performed by that 
activity upon any ship located at the activity.
    (b) It shall be the responsibility of the commanding officer of a 
ship in commission which is undergoing overhaul, or which is otherwise 
immobilized at a naval station or shipyard, to request such services as 
are necessary to ensure the safety of the ship. The commanding officer 
of the naval station or shipyard shall be responsible for providing 
requested services in a timely and adequate manner.
    (c) When a ship or craft not under her own power is being moved by 
direction of the commanding officer of a naval station or shipyard, 
that officer shall be responsible for any damage that may result 
therefrom. The pilot or other person designated for the purpose shall 
be in direct charge of such movement, and all persons on board shall 
cooperate with and assist the pilot as necessary. Responsibility for 
such actions in a private shipyard will be assigned by contract to the 
contractor.
    (d) When a ship operating under her own power is being drydocked, 
the commanding officer shall be fully responsible for the safety of his 
ship until the extremity of the ship first to enter the drydock reaches 
the dock sill and the ship is pointed fair for entering the drydock. 
The docking officer shall then take charge and complete the docking, 
remaining in charge until the ship has been properly landed, bilge 
blocks hauled, and the dock pumped down. In undocking, the docking 
officer shall assume charge when flooding the dock preparatory to 
undocking is started, and shall remain in charge until the extremity of 
the ship last to leave the dock clears the sill, and the ship is 
pointed fair for leaving the drydock, when the ship's commanding 
officer shall assume responsibility for the safety and control of the 
ship.
    (e) When a naval ship is to be drydocked in a private shipyard 
under a contract being administered by a supervisor of shipbuilding, 
the responsibilities of the commanding officer are the same as in the 
case of drydocking in a naval shipyard. The responsibilities for the 
safety of the actual drydocking, normally assigned to the commanding 
officer of a naval shipyard through the docking officer, will be 
assigned by contract to the contractor. The supervisor of shipbuilding 
is responsible, however, for ensuring that the contractor facilities, 
methods, operations, and qualifications meet the standards of 
efficiency and safety prescribed by Navy directives.
    (f) If the ship is elsewhere than at a naval station or shipyard, 
the relationship between the commanding officer and the supervisor of 
shipbuilding, or other appropriate official, shall be the same as that 
between the commanding officer and the commanding officer of a naval 
station or naval shipyard as specified in this article.


Sec. 700.872  Ships and craft in drydock.

    (a) The commanding officer of a ship in drydock shall be 
responsible for effecting adequate closure, during such periods as they 
will be unattended, of all openings in the ship's bottom upon which no 
work is being undertaken by the docking activity. The commanding 
officer of the docking activity shall be responsible for the closing, 
at the end of working hours, of all valves and other openings in the 
ship's bottom upon which work is being undertaken by the docking 
activity, when such closing is practicable.
    (b) Prior to undocking, the commanding officer of a ship shall 
report to the docking officer any material changes in the amount and 
location of weights on board which have been made by the ship's force 
while in dock, and shall ensure, and so report, that all sea valves and 
other openings in the ship's bottom are properly closed. The level of 
water in the dock shall not be permitted to rise above the keel blocks 
prior to receipt of this report. The above valves and openings shall be 
tended during flooding of the dock.
    (c) When a ship or craft, not in commission, is in a naval drydock, 
the provisions of this article shall apply, except that the commanding 
officer of the docking activity or his representative shall act in the 
capacity of the commanding officer of the ship or craft.
    (d) When a naval ship or craft is in drydock in a private shipyard, 
responsibility for actions normally assigned by the commanding officer 
of the docking activity will be assigned by contract to the contractor.


Sec. 700.873  Inspection incident to commissioning of ships.

    When a ship is to be commissioned, the authority designated to 
place such ship in commission shall, just prior to commissioning, cause 
an inspection to be made to determine the cleanliness and readiness of 
the ship to receive its crew and outfit. In the case of the delivery of 
a ship by a contractor, the above inspection shall precede acceptance 
of the ship. A copy of the report of this inspection shall be furnished 
the officer detailed to command the ship and to appropriate commands.

Special Circumstances/Prospective Commanding Officers


Sec. 700.880  Duties of the prospective commanding officer of a ship.

    (a) Except as may be prescribed by the Chief of Naval Operations, 
the prospective commanding officer of a ship not yet commissioned shall 
have

[[Page 56078]]

no independent authority over the preparation of the ship for service 
by virtue of his assignment to such duty, until the ship is 
commissioned and placed under his or her command. The prospective 
commanding officer shall:
    (1) Procure from the commander of the naval shipyard or the 
supervisor of shipbuilding the general arrangement plans of the ship, 
and all pertinent information relative to the general condition of the 
ship and the work being undertaken on the hull, machinery and 
equipment, upon reporting for duty;
    (2) Inspect the ship as soon after reporting for duty as 
practicable, and frequently thereafter, in order to keep him or herself 
informed of the state of her preparation for service. If, during the 
course of these inspections he or she notes an unsafe or potentially 
unsafe condition, he or she shall report such fact to the commander of 
the naval shipyard or the supervisor of shipbuilding and to his or her 
superior for resolution;
    (3) Keep him or herself informed as to the progress of the work 
being done, including tests of equipment, and make such recommendations 
to the commander of the naval shipyard or the supervisor of 
shipbuilding as he or her she deems appropriate;
    (4) Ensure that requisitions are submitted for articles to outfit 
the ship which are not otherwise being provided;
    (5) Prepare the organization of the ship;
    (6) Train the nucleus crew to effectively and efficiently take 
charge of and operate the ship upon commissioning; and
    (7) Make such reports as may be required by higher authority, and 
include therein a statement of any deficiency in material or personnel.
    (b) If the prospective commanding officer does not consider the 
ship in proper condition to be commissioned at the time the commander 
of the naval shipyard or the supervisor of shipbuilding signifies his 
intention of transferring the ship to the prospective commanding 
officer, he or she shall report that conclusion with his reasons 
therefor, in writing, to the commander of the naval shipyard or the 
supervisor of shipbuilding and to the appropriate higher authority.
    (c) If the ship is elsewhere than at a naval shipyard, the 
relationship between the prospective commanding officer and the 
supervisor of shipbuilding, or other appropriate official, shall be the 
same as that between the prospective commanding officer and the 
commander of a naval shipyard as specified in this article.
    (d) The Chief of Naval Operations shall be responsible for 
providing the commanding officer or prospective commanding officer of a 
naval nuclear powered ship with the authority and direction necessary 
to carry out his or her responsibilities.

Subpart I--The Senior Officer Present

Contents


Sec. 700.901  The senior officer present.

    Unless some other officer has been so designated by competent 
authority, the ``senior officer present'' is the senior line officer of 
the Navy on active duty, eligible for command at sea, who is present 
and in command of any part of the Department of the Navy in the 
locality or within an area prescribed by competent authority, except 
where personnel of both the Navy and the Marine Corps are present on 
shore and the officer of the Marine Corps who is in command is senior 
to the senior line officer of the Navy. In such cases, the officer of 
the Marine Corps shall be the senior officer present on shore.


Sec. 700.902  Eligibility for command at sea.

    All officers of the line of the Navy, including Naval Reserve, on 
active duty, except those designated for the performance of 
engineering, aeronautical engineering or special duties, and except 
those limited duty officers who are not authorized to perform all deck 
duties afloat, are eligible for command at sea.


Sec. 700.903  Authority and responsibility.

    At all times and places not excluded in these regulations, or in 
orders from competent authority, the senior officer present shall 
assume command and direct the movements and efforts of all persons in 
the Department of the Navy present, when, in his or her judgment, the 
exercise of authority for the purpose of cooperation or otherwise is 
necessary. The senior officer present shall exercise this authority in 
a manner consistent with the operational command responsibility vested 
in the commanders of unified or specified commands.


Sec. 700.904  Authority of senior officer of the Marine Corps present.

    The authority and responsibility of the senior officer present are 
also conferred upon the senior commanding officer of the Marine Corps 
present with respect to those units of the Marine Corps, including Navy 
personnel attached, which are in the locality and not under the 
authority of the senior officer present.


Sec. 700.922  Shore patrol.

    (a) When liberty is granted to any considerable number of persons, 
except in an area that can absorb them without danger of disturbance or 
disorder, the senior officer present shall cause to be established, 
temporarily or permanently, in charge of an officer, a sufficient 
patrol of officers, petty officers, and noncommissioned officers to 
maintain order and suppress any unseemly conduct on the part of any 
person on liberty. The senior patrol officer shall communicate with the 
chief of police or other local officials and make such arrangements as 
may be practicable to aid the patrol in carrying out its duties 
properly. Such duties may include providing assistance to military 
personnel in relations with civil courts and police, arranging for 
release of service personnel from civil authorities to the parent 
command, and providing other services that favorably influence 
discipline and morale.
    (b) A patrol shall not be landed in any foreign port without first 
obtaining the consent of the proper local officials. Tact must be used 
in requesting permission; and, unless it is given willingly and 
cordially, the patrol shall not be landed. If consent cannot be 
obtained, the size of liberty parties shall be held to such limits as 
may be necessary to render disturbances unlikely.
    (c) Officers and enlisted personnel on patrol duty in a foreign 
country normally should not be armed. In the United States, officers 
and men may be armed as prescribed by the senior officer present.
    (d) No officer or enlisted person who is a member of the shore 
patrol or beach guard, or is assigned in support thereof, shall partake 
of or indulge in any form of intoxicating beverage or other form of 
intoxicant while on duty, on post, or at other times prescribed by the 
senior patrol officer. The senior patrol officer shall ensure that the 
provisions of this paragraph are strictly observed and shall report 
promptly in writing to the senior officer present all violations of 
these provisions that may come to his or her notice. All officers and 
enlisted personnel of the patrol shall report to the senior patrol 
officer all violations of the provisions of this paragraph on the part 
of those under them.


Sec. 700.923  Precautions for health.

    The senior officer present shall take precautions to preserve the 
health of the persons under his or her authority. He or she shall 
obtain information regarding the healthfulness of the area and medical 
facilities available therein

[[Page 56079]]

and shall adopt such measures as are required by the situation.


Sec. 700.924  Medical or dental aid to persons not in the naval 
service.

    The senior officer present may require the officers of the Medical 
Corps and Dental Corps under his or her authority to render emergency 
professional aid to persons not in the naval service when such aid is 
necessary and demanded by the laws of humanity or the principles of 
international courtesy.


Sec. 700.934  Exercise of power of consul.

    When upon the high seas or in any foreign port where there is no 
resident consul of the United States, the senior officer present afloat 
has the authority to exercise all powers of a consul in relation to 
mariners of the United States.


Sec. 700.939  Granting of asylum and temporary refuge.

    (a) If an official of the Department of the Navy is requested to 
provide asylum or temporary refuge, the following procedures shall 
apply:
    (1) On the high seas or in territories under exclusive United 
States jurisdiction (including territorial seas, the Commonwealth of 
Puerto Rico, territories under United States administration, and 
possessions):
    (i) At his or her request, an applicant for asylum will be received 
on board any naval aircraft or waterborne craft, Navy or Marine Corps 
activity or station.
    (ii) Under no circumstances shall the person seeking asylum be 
surrendered to foreign jurisdiction or control, unless at the personal 
direction of the Secretary of the Navy or higher authority. Persons 
seeking political asylum should be afforded every reasonable care and 
protection permitted by the circumstances.
    (2) In territories under foreign jurisdiction (including foreign 
territorial seas, territories, and possessions):
    (i) Temporary refuge shall be granted for humanitarian reasons on 
board a naval aircraft or waterborne craft, Navy or Marine Corps 
activity or station, only in extreme or exceptional circumstances 
wherein life or safety of a person is put in imminent danger, such as 
pursuit by a mob. When temporary refuge is granted, such protection 
shall be terminated only when directed by the Secretary of the Navy or 
higher authority.
    (ii) A request by foreign authorities for return of custody of a 
person under the protection of temporary refuge will be reported to the 
CNO or Commandant of the Marine Corps. The requesting foreign 
authorities will be informed that the case has been referred to higher 
authorities for instructions.
    (iii) Persons whose temporary refuge is terminated will be released 
to the protection of the authorities designated in the message 
authorizing release.
    (iv) While temporary refuge can be granted in the circumstances set 
forth above, permanent asylum will not be granted.
    (v) Foreign nationals who request assistance in forwarding requests 
for political asylum in the United States will not be received on 
board, but will be advised to apply in person at the nearest American 
Embassy or Consulate. If a foreign national is already on board, 
however, such person will not be surrendered to foreign jurisdiction or 
control unless at the personal direction of the Secretary of the Navy.
    (3) The Chief of Naval Operations or Commandant of the Marine 
Corps, as appropriate, will be informed by the most expeditious means 
of all action taken pursuant to paragraphs (a)(1)(i) and (a)(1)(ii) of 
this section, as well as the attendant circumstances. Telephone or 
voice communications will be used where possible, but must be confirmed 
as soon as possible with an immediate precedence message, information 
to the Secretary of State (for actions taken pursuant to paragraphs 
(a)(2)(i) and (a)(2)(v) of this section, also make the appropriate 
American Embassy or Consular Office an information addressee). If 
communication by telephone or voice is not possible, notification will 
be effected by an immediate precedence message, as described above. The 
Chief of Naval Operations or Commandant of the Marine Corps will cause 
the Secretary of the Navy and the Deputy Director for Operations of the 
National Military Command Center to be notified without delay.
    (b) Personnel of the Department of the Navy shall neither directly 
nor indirectly invite persons to seek asylum or temporary refuge.

Subpart J--Precedence, Authority and Command

Authority


Sec. 700.1020  Exercise of authority.

    (a) All persons in the naval service on active service, and those 
on the retired list with pay, and transferred members of the Fleet 
Reserve and the Fleet Marine Corps Reserve, are at all times subject to 
naval authority. While on active service they may, if not on leave of 
absence except as noted below, on the sick list, taken into custody, 
under arrest, suspended from duty, in confinement or otherwise 
incapable of discharging their duties, exercise authority over all 
persons who are subordinated to them.
    (b) A person in the naval service, although on leave, may exercise 
authority:
    (1) When in a naval ship or aircraft and placed on duty by the 
commanding officer or aircraft commander.
    (2) When in a ship or aircraft of the armed services of the United 
States, other than a naval ship or aircraft, as the commanding officer 
of naval personnel embarked, or when placed on duty by such officer.
    (3) When senior officer at the scene of a riot or other emergency, 
or when placed on duty by such officer.


Sec. 700.1026  Authority of an officer who succeeds to command.

    (a) An officer who succeeds to command due to incapacity, death, 
departure on leave, detachment without relief or absence due to orders 
from competent authority of the officer detailed to command, has the 
same authority and responsibility as the officer whom he or she 
succeeds.
    (b) An officer who succeeds to command during the temporary absence 
of the commanding officer shall make no changes in the existing 
organization, and shall endeavor to have the routine and other affairs 
of the command carried on in the usual manner.
    (c) When an officer temporarily succeeding to command signs 
official correspondence, the word ``Acting'' shall appear below his or 
her signature.


Sec. 700.1038  Authority of a sentry.

    A sentry, within the limits stated in his or her orders, has 
authority over all persons on his or her post.

Detail to Duty


Sec. 700.1052  Orders to active service.

    (a) No person who is on leave of absence or not on active service 
shall be ordered into active service or on duty without permission of 
the Commandant of the Marine Corps, or the Chief of Naval Personnel, as 
appropriate, except:
    (1) In the case of a person on leave of absence, by the officer who 
granted the leave or a superior, or
    (2) By the senior officer present on a foreign station.
    (b) In the event that the senior officer present of a foreign 
station issues any orders as contemplated by this article, he or she 
shall report the facts, including the reasons for issuing such orders, 
to the Commandant of the Marine Corps or the Chief of Naval Personnel, 
without delay.
    (c) Retired officers of the Navy and Marine Corps may be ordered to 
active

[[Page 56080]]

service, with their consent, in time of peace. In time of war or a 
national emergency, such retired officers may, at the discretion of the 
Secretary of the Navy, be ordered to active service.


Sec. 700.1053  Commander of a task force.

    (a) A commander in chief, and any other naval commander, may detail 
in command of a task force, or other task command, any eligible officer 
within his or her command whom he or she desires. All other officers 
ordered to the task force or the task command shall be considered 
subordinate to the designated commander.
    (b) All orders issued under the authority of this article shall 
continue in effect after the death or disability of the officer issuing 
them until they are revoked by his or her successor in command or 
higher authority.
    (c) The powers delegated to a commander by this article are not 
conferred on any other officer by virtue of the fact that he or she is 
the senior officer present.


Sec. 700.1054  Command of a naval base.

    The officer detailed to command a naval base shall be an officer of 
the line in the Navy, eligible for command at sea.


Sec. 700.1055  Command of a naval shipyard.

    The officer detailed to command a naval shipyard shall be trained 
in the technical aspects of building and repair of ships and shall have 
had substantial previous experience in the technical and management 
phases of such work. Such officer may have been designated for 
engineering duty.


Sec. 700.1056  Command of a ship.

    (a) The officer detailed to command a commissioned ship shall be an 
officer of the line in the Navy eligible for command at sea.
    (b) The officer detailed to command an aircraft carrier, an 
aircraft tender, or a ship with a primary task of operating or 
supporting aircraft shall be an officer of the line in the navy, 
eligible for command at sea, designated as a naval aviator or naval 
flight officer.


Sec. 700.1057  Command of an air activity.

    (a) The officer detailed to command a naval aviation school, a 
naval air station, or a naval air unit organized for flight tactical 
purposes shall be an officer of the line in the navy, designated as a 
naval aviator or naval flight officer, eligible for command at sea.
    (b) For the purposes of Title 10 U.S.C. Sec. 5942, a naval air 
training squadron is not considered to be a naval aviation school or a 
naval air unit organized for flight tactical purposes. The officer 
detailed to command a naval air training squadron or an air unit 
organized for administrative purposes shall be a line officer of the 
naval service, designated as a naval aviator or naval flight officer, 
eligible for command. If a naval air training squadron has been 
designated a multi-service training squadron, the officer detailed to 
command that squadron may be a line officer from any armed service 
designated as the equivalent of a naval aviator naval flight officer 
and otherwise eligible to command an aviation squadron or unit under 
that officer's pertinent service regulations.
    (c) The officer detailed to command a naval air activity of a 
technical nature on shore may be an officer of the line in the navy not 
eligible for command at sea, but designated as a naval aviator or a 
naval flight officer or designated for aeronautical engineering duty.
    (d) The officer detailed to command a Marine Corps air unit 
organized for flight tactical purpose shall be an officer of the Marine 
Corps, designated as a naval aviator or naval flight officer.
    (e) Other than an air training squadron, an officer of the Navy 
shall not normally be detailed to command an aviation unit of the 
Marine Corps nor shall an officer of the Marine Corps normally be 
detailed to command an aviation unit of the Navy. Aircraft units of the 
Marine Corps may, however, be assigned to ships or to naval air 
activities in the same manner as aircraft units of the navy and, 
conversely, aircraft units of the navy may be so assigned to Marine 
Corps air activities. A group composed of aircraft units of the Navy 
and aircraft units of the Marine Corps may be commanded either by an 
officer of the Navy or an officer of the Marine Corps.


Sec. 700.1058  Command of a submarine.

    The officer detailed to command a submarine shall be an officer of 
the line in the Navy, eligible for command at sea and qualified for 
command of submarines.


Sec. 700.1059  Command of a staff corps activity.

    Officers in a staff corps shall be detailed to command only such 
activities as are appropriate to their corps.

Subpart K--General Regulations

Standards of Conduct


Sec. 700.1101  Demand for court-martial.

    Except as otherwise provided in the Uniform Code of Military 
Justice, no person in the naval service may demand a court martial 
either on him or herself or on any other person in the naval service.


Sec. 700.1113  Endorsement of commercial product or process.

    Except as necessary during contract administration to determine 
specification or other compliance, no person in the Department of the 
Navy, in his or her official capacity, shall endorse or express an 
opinion of approval or disapproval of any commercial product or 
process.


Sec. 700.1120  Personal privacy and rights of individuals regarding 
their personal records.

    (a) Except as specifically provided in this section, maintenance of 
personal records of individuals, and the release of those records, 
shall be in accordance with the provisions of the Privacy Act and 
directives issued by the Secretary of the Navy.
    (b) Except as specifically provided in this section, the release of 
departmental records to private parties shall be in accordance with the 
provisions of the Freedom of Information Act and directives issued by 
the Secretary of the Navy.

Official Records


Sec. 700.1121  Disclosure, publication and security of official 
information.

    (a) No person in the Department of the Navy shall convey or 
disclose by oral or written communications, publication, graphic 
(including photographic) or other means, any classified information 
except as provided in directives governing the release of such 
information. Additionally, no person in the Department of the Navy 
shall communicate or otherwise deal with foreign entities, even on an 
unclassified basis, when this would commit the Department of the Navy 
to disclose classified military information except as may be required 
in that person's official duties and only after coordination with and 
approval by a release authority designated by competent authority.
    (b) No person in the Department of the Navy shall convey or 
disclose by oral or written communication, publication or other means 
except as may be required by his or her official duties, any 
information concerning the Department of Defense or forces, or any 
person, thing, plan or measure pertaining thereto, where such 
information might be of possible assistance to a foreign power; nor 
shall any person in the Department of the Navy make any public speech 
or permit publication of an article written by or for that person which 
is prejudicial to

[[Page 56081]]

the interests of the United States. The regulations concerned with the 
release of information to the public through any media will be as 
prescribed by the Secretary of the Navy.
    (c) No person in the Department of the Navy shall disclose any 
information whatever, whether classified or unclassified, or whether 
obtained from official records or within the knowledge of the relator, 
which might aid or be of assistance in the prosecution or support of 
any claim against the United States. The prohibitions prescribed by the 
first sentence of this paragraph are not applicable to an officer or 
employee of the United States who is acting in the proper course of, 
and within the scope of, his or her official duties, provided that the 
disclosure of such information is otherwise authorized by stature, 
Executive Order of the President or departmental regulation.
    (d) Any person in the Department of the Navy receiving a request 
from the public for Department of the Navy records shall be governed by 
the provisions of the Freedom of Information Act and implementing 
directives issued by the Secretary of the Navy.
    (e) Persons in the Department of the Navy desiring to submit 
manuscripts to commercial publishers on professional, political or 
international subjects shall comply with regulations promulgated by the 
Secretary of the Navy.
    (f) No persons in the naval service on active duty or civilian 
employee of the Department of the Navy shall act as correspondent of a 
news service or periodical, or as a television or radio news 
commentator or analyst, unless assigned to such duty in connection with 
the public affairs activities of the Department of the Navy, or 
authorized by the Secretary of the Navy. Except as authorized by the 
Secretary of the Navy, no person assigned to duty in connection with 
public affairs activities of the Department of the Navy shall receive 
any compensation for acting as such correspondent, commentator or 
analyst.


Sec. 700.1126  Correction of naval records.

    (a) Any military record in the Department of the Navy may be 
corrected by the Secretary of the Navy, acting through the Board for 
Correction of Naval Records, when the Secretary considers that such 
action should be taken in order to correct an error or to remove an 
injustice.
    (b) Applications for corrections under this article may be made 
only after exhaustion of all other administrative remedies afforded by 
law or regulation.
    (c) Applications for such corrections should be submitted to the 
Secretary of the Navy (Board for Correction of Naval Records) in 
accordance with procedural regulations established by the Secretary of 
the Navy and approved by the Secretary of Defense.


Sec. 700.1127  Control of official records.

    (a) No person, without proper authority, shall withdraw official 
records or correspondence from the files, or destroy them, or withhold 
them from those persons authorized to have access to them.
    (b) Except as specifically provided in this section, maintenance of 
personal records of individuals, and the release of those records, 
shall be in accordance with the provisions of the Privacy Act and 
directives issued by the Secretary of the Navy.
    (c) Except as specifically provided in this section, the release of 
departmental records to private parties shall be in accordance with the 
provisions of the Freedom of Information Act and directives issued by 
the Secretary of the Navy.


Sec. 700.1128  Official records in civil courts.

    (a) Department of the Navy personnel shall not provide official 
information, testimony, or documents, submit to interview, or permit a 
view or visit, for litigation purposes, without special written 
authorization.
    (b) Department of the Navy personnel shall not provide, with or 
without compensation, opinion or expert testimony concerning official 
Department of Defense information, subjects, personnel or activities, 
except on behalf of the United States or a party represented by the 
Department of Justice, or with special written authorization.

Duties of Individuals


Sec. 700.1138  Responsibilities concerning marijuana, narcotics, and 
other controlled substances.

    (a) All personnel shall endeavor to prevent and eliminate the 
unauthorized use of marijuana, narcotics and other controlled 
substances within the naval service.
    (b) The wrongful possession, use, introduction, manufacture, 
distribution and possession, or introduction with intent to distribute, 
of a controlled substance by persons in the naval service are offenses 
under Article 112a, Uniform Code of Military Justice. Except for 
authorized medicinal or other authorized purposes, the possession, use, 
introduction, sale, or other transfer of marijuana, narcotics or other 
controlled substances on board any ship or aircraft of the Department 
of the Navy or within any naval base, station or other place under the 
jurisdiction of the Department of the Navy by all persons is 
prohibited.
    (c) The term ``controlled substance'' means: a drug or other 
substance included in Schedule I, II, III, IV, or V established by 
section 202 of the Comprehensive Drug Abuse Prevention and Control Act 
of 1970 (84 Stat. 1236), as updated and republished under the 
provisions of that Act (21 U.S.C. 812).


Sec. 700.1139  Rules for preventing collisions, afloat and in the air.

    (a) All persons in the naval service responsible for the operation 
of naval ships, craft and aircraft shall diligently observe the 
International Rules for Preventing Collisions at Sea (commonly called 
the COLREGS) (33 CFR chapter I), Inland Navigation Rules (33 CFR 
chapter I), domestic and international air traffic regulations (14 CFR 
chapter I), and such other rules and regulations as may be established 
by the Secretary of Transportation or other competent authority for 
regulating traffic and preventing collisions on the high seas, in 
inland waters or in the air, where such laws, rules and regulations are 
applicable to naval ships and aircraft. In those situations where such 
law, rule or regulation is not applicable to naval ships, craft or 
aircraft, they shall be operated with due regard for the safety of 
others.
    (b) Any significant infraction of the laws, rules and regulations 
governing traffic or designed to prevent collisions on the high seas, 
in inland waters, or in the air which may be observed by persons in the 
naval service shall be promptly reported to their superiors, including 
the Chief of Naval Operations or Commandant of the Marine Corps when 
appropriate.
    (c) Reports need not be made under this article if the facts are 
otherwise reported in accordance with other directives, including duly 
authorized safety programs.

Rights and Restrictions


Sec. 700.1162  Alcoholic beverages.

    (a) Except as may be authorized by the Secretary of the Navy, the 
introduction, possession or use of alcoholic beverages on board any 
ship, craft, aircraft, or in any vehicle of the Department of the Navy 
is prohibited. The transportation of alcoholic beverages for personal 
use ashore is authorized, subject to the discretion of the officer in 
command or officer in charge, or higher authority, when the beverages 
are delivered to the custody of the officer in command or officer in 
charge of the ship, craft, or

[[Page 56082]]

aircraft in sealed packages, securely packed, properly marked and in 
compliance with customs laws and regulations, and stored in securely 
locked compartments, and the transportation can be performed without 
undue interference with the work or duties of the ship, craft, or 
aircraft. Whenever an alcoholic beverage is brought on board any ship, 
craft, or aircraft for transportation for personal use ashore, the 
person who brings it on board shall at that time file with the officer 
in command or officer in charge of the ship, craft or aircraft, a 
statement of the quantity and kind of alcoholic beverage brought on 
board, together with a certification that its importation will be in 
compliance with customs and internal revenue laws and regulations and 
applicable State or local laws at the place of debarkation.
    (b) The introduction, possession and use of alcoholic beverages for 
personal consumption or sale is authorized within naval activities and 
other places ashore under naval jurisdiction to the extent and in such 
manner as the Secretary of the Navy may prescribe.


Sec. 700.1165  Fraternization prohibited.

    (a) Personal relationships between officer and enlisted members 
which are unduly familiar and which do not respect differences in rank 
are inappropriate and violate long-standing traditions of the naval 
service.
    (b) When prejudicial to good order and discipline or of a nature to 
bring discredit on the naval service, personal relationships are 
prohibited:
    (1) Between an officer and an enlisted member which are unduly 
familiar and do not respect differences in rank and grade;
    (2) Between officer members which are unduly familiar and do not 
respect differences in rank and grade where a direct senior-subordinate 
supervisory relationship exists; and
    (3) Between enlisted members which are unduly familiar and do not 
respect differences in rank and grade where a direct senior-subordinate 
supervisory relationship exists.
    (c) Violation of this article may result in administrative or 
punitive action. This article applies in its entirety to all regular 
and reserve personnel.


Sec. 700.1166  Sexual harassment.

    (a) Sexual harassment will not be condoned or tolerated in the 
Department of the Navy. It is a form of arbitrary discrimination which 
is unprofessional, unmilitary, and which adversely affects morale and 
discipline and ultimately the mission effectiveness of the command 
involved.
    (b) Personnel who use implicit or explicit sexual behavior to 
control, influence or affect the career, promotion opportunities, duty 
assignments or pay of any other person are engaging in sexual 
harassment. Naval personnel who make deliberate or repeated offensive 
verbal comments, gestures or physical contact of a sexual nature in the 
work environment are also engaging in sexual harassment.


Sec. 700.1167  Supremacist activity.

    No person in the naval service shall participate in any 
organization that espouses supremacist causes; attempts to create 
illegal discrimination based on race, creed, color, sex, religion, or 
national origin; advocates the use of force or violence against the 
Government of the United States or the Government of any state, 
territory, district, or possession thereof, or the Government of any 
subdivision therein; or otherwise engages in efforts to deprive 
individuals of their civil rights. The term ``participate'', as used in 
this article, includes acts or conduct, performed alone or in concert 
with another, such as demonstrating, rallying, fundraising, recruiting, 
training, or organizing or leading such organizations. The term 
``participate'' also includes engaging in any other activities in 
relation to such organizations or in furtherance of the objectives of 
such organizations when such activities are detrimental to good order, 
discipline, or mission accomplishment.

    Dated: September 16, 1999.
Nieva Van Leer,
Lieutenant, Judge Advocate General's Corps, U.S. Naval Reserve, 
Alternate Federal Register Liaison Officer.
[FR Doc. 99-25254 Filed 10-14-99; 8:45 am]
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