Sec. 700.726 Records. 700.727-700.728 [Reserved] 700.729 Delivery of personnel to civil authorities and service of subpoena or other process. 700.730-700.732 [Reserved] 700.733 Responsibility of a master of an inservice ship of the Military Sealift Command. 700.734 Relations with merchant seaman. 700.735 [Reserved] 700.736 Physical security. 700.737 Effectiveness for service. 700.740 Search by foreign authorities. 700.749 Work, facilities, supplies, or serv- 700.755 Safe navigation and regulations governing operation of ships and aircraft. 700.756 Duties of the prospective commanding officer of a ship. 700.757 Authority of the commanding officer or prospective commanding officer of a naval nuclear powered ship. 700.758 Inspection incident to commissioning of ships. 700.759-700.762 [Reserved] 700.763 Quarantine. 700.764 Customs and immigration inspections. 700.765 Environmental pollution. 700.766-700.767 [Reserved] 700.768 Care of ships, aircraft, vehicles, and their equipment. Subpart H-Precedence, Authority, and Command 700.811 Exercise of authority. 700.812-700.816 [Reserved] 700.817 Authority of an officer who suc ceeds to command. 700.818-700.829 [Reserved] 700.830 Authority of a sentry. 700.831-700.833 [Reserved] 700.834 Orders to active service. Subpart I-The Senior Officer Present 700.901 The senior officer present. 700.902 [Reserved] 700.903 Authority and responsibility. 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 Navy Department with the Secretary of the Navy as its chief officer. On 11 July 1798, the U.S. 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 responsibilities and authority of the Department of the Navy are vested in the Secretary of the Navy, and are subject to his reassignment and delegation. The Secretary is bound by the provisions of law, the direction of the President and the Secretary of Defense, and, along with all Government agencies, the regulations of certain nondefense agencies in their respective areas of functional responsibility. §700.102 Objectives. The fundamental objectives of the Department of the Navy, within the Department of Defense, are (a) to organize, train, equip, prepare, and maintain the readiness of Navy and Marine Corps forces for the performance of military missions as directed by the President or the Secretary of Defense, and (b) to support Navy and Marine Corps forces, including the support of such forces and the forces of other military departments, as directed by the Secretary of Defense, which are assigned to unified or specified commands. Support, as here used, includes administrative, personnel, material and fiscal support, and technological support through research and development. § 700.103 Composition. The Department of the Navy is sepa rately organized under the Secretary of the Navy. It operates under the au thority, direction, and control of the Secretary of Defense. It is composed of the executive part of the Department of the Navy; the Headquarters, United States Marine Corps; the entire operating forces, including naval aviation, of the United States Navy and of the United States Marine Corps, and the reserve components of those operating forces; and all shore activities, headquarters, forces, bases, installations, activities, and functions under the control or supervision of the Secretary of the Navy. It includes the United States Coast Guard when it is operating as a service in the Navy. § 700.104 The principal parts of the De partment of the Navy. (a) Functionally, organizationally and geographically the Department of the Navy has from practically the be ginning of the Federal Government under the Constitution consisted of three parts: The Operating Forces of the Navy, the Navy Department, and the Shore Establishment. (b) The operating forces of the Navy comprise the several fleets, sea-going forces, sea-frontier forces, district forces, Fleet Marine Forces, other assigned Marine Corps Forces, the Mili tary Sealift Command, and other forces and activities that may be assigned thereto by the President or the Secretary of the Navy. (c) The Navy Department refers to the central executive offices of the Department of the Navy located at the seat of the government. The Navy Department is organizationally comprised of the Office of the Secretary of the Navy which includes his Civilian Executive Assistants, Offices of his Assistants, and the headquarters organizations of the Office of Naval Research, the Office of the Judge Advocate General, and the Office of the Comptroller of the Navy; the Office of the Chief of Naval Operations, the Headquarters, United States Marine Corps; and, under the command of the Chief of Naval Operations, the Headquarters, Naval Material Command, and the headquarters organizations of the Bureau of Naval Personnel and the Bureau of Medicine and Surgery. In addition, the Headquarters, United States Coast Guard, is included when the United States Coast Guard is operating as a service in the Navy. (d) The shore establishment is comprised of shore activities with defined missions approved for establishment by the Secretary of the Navy. $700.105 Definition of terms. The following definitions shall apply to the regulations in this part: (a) Command-(DOD) (1) The authority which a commander in the military service lawfully exercises over his subordinates by virtue of rank or assignment. Command includes the authority and responsibility for effectively using available resources and for planning the employment of, organizing, directing, coordinating, and controlling military forces for the accomplishment of assigned missions. It also includes responsibilities for health, welfare, morale, and discipline of assigned personnel. (2) An order given by a commander; that is, the will of the commander expressed for the purpose of bringing about a particular action. (3) A unit or units, an organization, or an area under the command of one individual. (4) To dominate by a field of weaponfire or by observation from a superior position. (b) Superior-A commander or officer in command of a senior force, unit, or organization in line of command. Also, a senior person in line of command. (c) Flag and General Officers-Flag officer means an officer of the Navy or Coast Guard above the grade of captain. General officers means an officer of the Marine Corps, the Army, or the Air Force above the grade of colonel. (d) Person in the naval serviceMeans a person, male or female, appointed or enlisted in, or inducted or conscripted into, the Navy or the Marine Corps. Also, same meaning for member of the naval service. (e) Persons in the Department of the Navy-All persons in the naval service and civilians employed under the Department of the Navy. (f) Ships-A classification of waterborne craft which comprises generally the oceangoing vessels and craft of the Navy, and such other water-borne craft as may be assigned this classification. (g) Service Craft-A classification of water-borne craft which comprises generally the water-borne utilitarian craft not classified as ships or boats. (h) Boats-A classification of waterborne craft which comprises generally the water-borne craft suitable primarily for shipboard and similar use. (i) Active Status-A status of ships and service craft. Active status ships or service craft are assigned to the active fleets and to their supporting activities or are ships of the Military Sealift Command which are titled in the United States or are operated under long-term bareboat charter. Ships and service craft in active status are "in commission" or "in service." (j) Inactive Status-A status of ships and service craft. Inactive status ships and service craft are in reserve and not currently required for duty in the active fleets or supporting forces. Ships and service craft in inactive status are "in commission, in reserve," or "in service, in reserve" or "out of commission, in reserve" or "out of service, in reserve." (k) Special Status-A status of ships and service craft. Ships and service craft in special status shall include those units for which the Navy is charged with certain responsibilities by reason of custody or title, but which are not in the active or inactive status. Ships and service craft in special status are "in commission, special" or "in service, special" or "out of commission, special" or "out of service, special." (1) Vessel-Includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. (1 U.S.C. 3). (m) Naval Activity-A unit of the Department of the Navy, of distinct identity, and established under an officer in command or in charge. (n) Naval Station-A naval activity on shore, having a commanding offi cer, and located in an area having fixed boundaries, within which all persons are subject to naval jurisdiction and immediate authority of the commanding officer. [41 FR 18074, Apr. 30, 1976] Subpart B-The Secretary of the Navy 8700.201 Responsibilities of the Secretary of the Navy. The Secretary of the Navy is the head of the Department of the Navy. Under the direction, authority, and control of the Secretary of Defense, the Secretary of the Navy is responsible for the policies and control of the Department of the Navy, including its organization, administration, oper ation, and efficiency. [39 FR 7135, Feb. 25, 1974, as amended at 45 FR 80277, Dec. 4, 1980] §700.202 Succession to duties. (a) When there is a vacancy in the Office of the Secretary of the Navy, or during the absence or disability of the Secretary, the Under Secretary of the Navy, and, in the order prescribed by the Secretary of the Navy, the Assistant Secretaries of the Navy succeed to the duties of the Secretary. If the Secretary does not prescribe an order for succession to the duties of that office, the Assistant Secretaries shall succeed to those duties after the Under Secretary in the order in which they took office as Assistant Secretaries. (b) During the temporary absence of the above officials, the Chief of Naval Operations or, in his absence, the Vice Chief of Naval Operations succeeds to the duties of the Secretary. [39 FR 7135, Feb. 25, 1974, as amended at 45 FR 80277, Dec. 4, 1980] §700.203 The Civilian Executive Assistants. (a) The Civilian Executive Assistants to the Secretary of the Navy are the Under Secretary of the Navy, the Assistant Secretaries of the Navy, the General Counsel of the Navy and the Deputy Under Secretary of the Navy. It is the policy of the Secretary to assign Department-wide responsibil ities essential to the efficient adminis tration of the Department of the Navy to and among his Civilian Executive Assistants. (b) The Civilian Executive Assist ants, within their respective areas of responsibility, are the principal advis ers and assistants to the Secretary on the administration of the affairs of the Department of the Navy. In carry. ing out these duties, they shall do so in harmony with the statutory position of the Chief of Naval Operations as "the principal naval adviser and naval executive to the Secretary on the conduct of activities of the Department of the Navy" and the responsibilities of the Chief of Naval Operations and the Commandant of the Marine Corps as set forth in these regulations. The Civilian Executive Assistants are authorized and directed to act for the Secretary within their assigned areas of responsibility. (c) The Under Secretary of the Navy is designated as the deputy and principal assistant to the Secretary of the Navy, and acts with full authority of the Secretary in the general management of the Department of the Navy, and supervision of offices and organi zations as assigned by the Secretary. (d) 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 budgeting, accounting, disbursing, financing, progress and statistical reporting, auditing, management information systems, automatic data processing systems and equipment (less than integral to a weapons system), and supervision of offices and organizations as assigned by the Secretary. Under the Comptroller, the Deputy Comptroller of the Navy shall, in addition to performing other duties assigned, serve as an adviser and assistant to the Chief of Naval Operations and the Commandant of the Marine Corps with respect to financial and budgetary matters. (e) The Assistant Secretary of the Navy (Manpower, Reserve Affairs and Logistics) is responsible for the overall supervision of manpower and reserve component affairs of the Department of the Navy, including policy and ad |