2016—Subsec. (a)(1). Pub. L. 114–328 inserted “The Secretary shall, to the greatest extent practicable, be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management or leadership experience.” after first sentence.
2003—Subsec. (c)(4). Pub. L. 108–136 struck out “(to the maximum extent practicable)” after “fulfill”.
1986—Subsec. (a)(2). Pub. L. 99–661 substituted “five years” for “10 years”.
Reversionary Interests in Real Property Used by Closed or Realigned Naval Stations
Pub. L. 109–148, div. B, title I, § 702, Dec. 30, 2005, 119 Stat. 2773, provided that:
“For any real property expressly granted to the United States since January 1, 1980
for use as or in connection with a Navy homeport subject to a reversionary interest retained by the grantor and serving as the site of or being used by a naval station subsequently closed or realigned pursuant to the Defense Base Closure and Realignment Act of 1990 [part A of title XXIX of div. B of Pub. L. 101–510
, set out as a note under section 2687 of this title
] as amended, the right of the United States to any consideration or repayment for the fair market value of the real property as improved shall be released, relinquished, waived, or otherwise permanently extinguished. The Secretary shall execute such written agreements as may be needed to facilitate the reversion and transfer all right, title, and interest of the United States in any real property described in this section, including the improvements thereon, for no consideration to the reversionary interest holder as soon as practicable after the naval station is closed or realigned. This agreement shall not require the reversionary interest holder to assume any environmental liabilities of the United States or relieve the United States from any responsibilities for environmental remediation that it may have incurred as a result of federal ownership or use of the real property.”
Elimination of Reversionary Interests Clouding United States Title to Property Used as Navy Homeports
Pub. L. 108–375, div. B, title XXVIII, § 2823, Oct. 28, 2004, 118 Stat. 2132, provided that:
“(a)Authority to Acquire Complete Title.—
If real property owned by the United States and used as a Navy homeport is subject to a reversionary interest of any kind, the Secretary of the Navy may enter into an agreement with the holder of the reversionary interest to acquire the reversionary interest and thereby secure for the United States all right, title, and interest in and to the property.
As consideration for the acquisition of a reversionary interest under subsection (a), the Secretary shall provide the holder of the reversionary interest with in-kind consideration, to be determined pursuant to negotiations between the Secretary and the holder of the reversionary interest.
In determining the type and value of any in-kind consideration to be provided for the acquisition of a reversionary interest under subsection (a), the Secretary shall take into account the nature of the reversionary interest, including whether it would require the holder of the reversionary interest to pay for any improvements acquired by the holder as part of the reversion of the real property, and the long-term use and ultimate disposition of the real property if the United States were to acquire all right, title, and interest in and to the real property subject to the reversionary interest.
Cash payments are not authorized to be made as consideration for the acquisition of a reversionary interest under subsection (a).”
Multi-Trades Demonstration Project
Pub. L. 108–136, div. A, title III, § 338, Nov. 24, 2003, 117 Stat. 1447, as amended by Pub. L. 110–181, div. A, title III, § 329, Jan. 28, 2008, 122 Stat. 67; Pub. L. 112–239, div. A, title III, § 321, Jan. 2, 2013, 126 Stat. 1694; Pub. L. 113–66, div. A, title X, § 1091(d), Dec. 26, 2013, 127 Stat. 876, provided that:
“(a)Demonstration Project Authorized.—
In accordance with section 4703 of title 5
, United States Code, the Secretary of a military department may carry out a demonstration project at facilities described in subsection (b) under which workers who are certified at the journey level as able to perform multiple trades shall be promoted by one grade level.
“(b)Selection Requirements.—As a condition on eligibility for selection to participate in the demonstration project, the head of an Air Force Air Logistics Complex, Navy Fleet Readiness Center, Navy shipyard, Marine Corps Logistics Base, or Army depot shall submit to the Secretary of the military department concerned a business case analysis and concept plan—
that, on the basis of the results of analysis of work processes, demonstrate that process improvements would result from the trade combinations proposed to be implemented under the demonstration project; and
that describes the improvements in cost, quality, or schedule of work that are anticipated to result from the participation in the demonstration project.
Actual worker participation in the demonstration project shall be determined through competitive selection. Not more than 15 percent of the wage grade journeyman at a demonstration project location may be selected to participate.
Job descriptions and competency-based training plans must be developed for each worker while in training under the demonstration project and once certified as a multi-trade worker. A certified multi-trade worker who receives a pay grade promotion under the demonstration project must use each new skill during at least 25 percent of the worker’s work year.
The demonstration project shall be conducted during fiscal years 2008 through 2018.
Not later than January 15, 2019, the Secretary of each military department that carried out a demonstration project under this section shall submit a report to Congress describing the results of the demonstration project. Each such report shall include the Secretary’s recommendation on whether permanent multi-trade authority should be authorized.
“(f) GAO Evaluation.—
Each Secretary who submits a report under subsection (e) shall transmit a copy of the report to the Comptroller General. Within 90 days after receiving a report, the Comptroller General shall submit to Congress an evaluation of that report.”
Navy Higher Education Pilot Program Regarding Administration of Business Relationships Between Government and Private Sector
Pub. L. 105–85, div. A, title XI, § 1108, Nov. 18, 1997, 111 Stat. 1926, authorized the Secretary of the Navy to establish and conduct a pilot program of graduate-level higher education regarding the administration of business relationships between the Government and the private sector during fiscal years 1998 through 2002, and required the Secretary of the Navy to submit to Congress a report not later than 90 days after the termination of the pilot program.
Use of Naval Installations for Employment Training of Nonviolent Offenders in State Penal Systems
Pub. L. 103–160, div. A, title XIII, § 1374, Nov. 30, 1993, 107 Stat. 1821, as amended by Pub. L. 103–337, div. A, title X, § 1064, Oct. 5, 1994, 108 Stat. 2848, provided that:
“(a)Demonstration Project Authorized.—
The Secretary of the Navy may conduct a demonstration project to test the feasibility of using Navy facilities to provide employment training to nonviolent offenders in a State penal system prior to their release from incarceration. The demonstration project shall be limited to not more than three military installations under the jurisdiction of the Secretary.
“(b)Sources of Training.—
The Secretary may enter into a cooperative agreement with one or more private, nonprofit organizations for purposes of providing at the military installations included in the demonstration project the prerelease employment training authorized under subsection (a) or may provide such training directly at such installations by agreement with the State concerned.
“(c)Use of Facilities.—
Under a cooperative agreement entered into under subsection (b), the Secretary may lease or otherwise make available to a nonprofit organization participating in the demonstration project at a military installation included in the demonstration project any real property or facilities at the installation that the Secretary considers to be appropriate for use to provide the prerelease employment training authorized under subsection (a). Notwithstanding section 2667(b)(4) of title 10
, United States Code, the use of such real property or facilities may be permitted with or without reimbursement.
“(d)Acceptance of Services.—
Notwithstanding section 1342 of title 31
, United States Code, the Secretary may accept voluntary services provided by persons participating in the prerelease employment training authorized under subsection (a).
“(e)Liability and Indemnification.—
(1) The Secretary may not enter into a cooperative agreement under subsection (b) with a nonprofit organization for the participation of that organization in the demonstration project unless the agreement includes provisions that the nonprofit organization shall—
be liable for any loss or damage to Federal Government property that may result from, or in connection with, the provision of prerelease employment training by the organization under the demonstration project; and
hold harmless and indemnify the United States from and against any suit, claim, demand, action, or liability arising out of any claim for personal injury or property damage that may result from or in connection with the demonstration project.
“(2) The Secretary may not enter into an agreement under subsection (b) with the State concerned for the provision of prerelease employment training directly by the Secretary unless the agreement with the State concerned includes provisions that the State shall—
be liable for any loss or damage to Federal Government property that may result from, or in connection with, the provision of the training except to the extent that the loss or damage results from a wrongful act or omission of Federal Government personnel; and
hold harmless and indemnify the United States from and against any suit, claim, demand, action, or liability arising out of any claim for personal injury or property damage that may result from, or in connection with, the provision of the training except to the extent that the personal injury or property damage results from a wrongful act or omission of Federal Government personnel.
Not later than two years after the date of the enactment of this Act [Nov. 30, 1993], the Secretary shall submit to Congress a report evaluating the success of the demonstration project and containing such recommendations with regard to the termination, continuation, or expansion of the demonstration project as the Secretary considers to be appropriate.”
Order of Succession
For order of succession in event of death, permanent disability, or resignation of Secretary of the Navy, see Ex. Ord. No. 12879, Nov. 8, 1993, 58 F.R. 59929, listed in a table under section 3345 of Title 5.