10 U.S.C. § 8083 | Office of Navy Reserve: appointment of Chief

(a)

Establishment of Office: Chief of Navy Reserve .—

There is in the executive part of the Department of the Navy, on the staff of the Chief of Naval Operations, an Office of the Navy Reserve, which is headed by a Chief of Navy Reserve. The Chief of Navy Reserve—

(1)

is the principal adviser on Navy Reserve matters to the Chief of Naval Operations; and

(2)

is the commander of the Navy Reserve Force.

(b)

Appointment .—

(1)

The President, by and with the advice and consent of the Senate, shall appoint the Chief of Navy Reserve from flag officers of the Navy (as defined in section 8001(1)) who have had at least 10 years of commissioned service.

(2)

The Secretary of Defense may not recommend an officer to the President for appointment as Chief of Navy Reserve unless the officer—

(A)

is recommended by the Secretary of the Navy; and

(B)

is determined by the Chairman of the Joint Chiefs of Staff, in accordance with criteria and as a result of a process established by the Chairman, to have significant joint duty experience.

(3)

An officer on active duty for service as the Chief of Navy Reserve shall be counted for purposes of the grade limitations under sections 525 and 526 of this title.

(4)

December 31, 2006 Until , the Secretary of Defense may waive subparagraph (B) of paragraph (2) with respect to the appointment of an officer as Chief of Navy Reserve if the Secretary of the Navy requests the waiver and, in the judgment of the Secretary of Defense—

(A)

the officer is qualified for service in the position; and

(B)

the waiver is necessary for the good of the service.

Any such waiver shall be made on a case-by-case basis.

(c)

Term; Reappointment .—

The Chief of Navy Reserve is appointed for a term determined by the Chief of Naval Operations, normally four years, but may be removed for cause at any time. An officer serving as Chief of Navy Reserve may be reappointed for one additional term of up to four years.

(d)

Budget .—

The Chief of Navy Reserve is the official within the executive part of the Department of the Navy who, subject to the authority, direction, and control of the Secretary of the Navy and the Chief of Naval Operations, is responsible for preparation, justification, and execution of the personnel, operation and maintenance, and construction budgets for the Navy Reserve. As such, the Chief of Navy Reserve is the director and functional manager of appropriations made for the Navy Reserve in those areas.

(e)

Annual Report .—

The Chief of Navy Reserve shall submit to the Secretary of Defense, through the Secretary of the Navy, an annual report on the state of the Navy Reserve and the ability of the Navy Reserve to meet its missions. The report shall be prepared in conjunction with the Chief of Naval Operations and may be submitted in classified and unclassified versions.

Pub. L. 104–201, div. A, title XII, § 1212(b)(1)Sept. 23, 1996110 Stat. 2691 Pub. L. 106–65, div. A, title V, § 554(c)Oct. 5, 1999113 Stat. 617 Pub. L. 106–398, § 1 [[div. A]Oct. 30, 2000114 Stat. 1654 Pub. L. 107–314, div. A, title V, § 501(a)Dec. 2, 2002116 Stat. 2529 Pub. L. 108–375, div. A, title V, § 536(a)Oct. 28, 2004118 Stat. 1901 Pub. L. 109–163, div. A, title V, § 515(b)(1)(F)Jan. 6, 2006119 Stat. 3233 Pub. L. 112–81, div. A, title X, § 1061(26)Dec. 31, 2011125 Stat. 1584 Pub. L. 114–328, div. A, title V, § 502(dd)Dec. 23, 2016130 Stat. 2105 Pub. L. 115–232, div. A, title VIIIAug. 13, 2018132 Stat. 1834 Pub. L. 118–159, div. A, title X, § 1061Dec. 23, 2024138 Stat. 2064(Added , , , § 5143; amended , , ; , title V, § 507(b), title X, § 1087(a)(18)], , , 1654A–103, 1654A–291; , , ; , , ; , (2), (3)(A), , , 3234; , , ; , , ; renumbered § 8083 and amended , §§ 807(a)(2), 809(a), , , 1840; , , .)

Editorial Notes

Amendments

Pub. L. 118–1592024—Subsec. (e). added subsec. (e).

Pub. L. 115–232, § 807(a)(2)section 5143 of this title2018—, renumbered as this section.

Pub. L. 115–232, § 809(a)Subsec. (b)(1). , substituted “section 8001(1)” for “section 5001(1)”.

Pub. L. 114–3282016—Subsec. (c). , in heading, struck out “; Grade” after “Reappointment”, and in text, struck out par. (1) designation before “The Chief of Navy Reserve” and struck out par. (2) which read as follows: “The Chief of Navy Reserve, while so serving, holds the grade of vice admiral.”

Pub. L. 112–812011—Subsec. (e). struck out subsec. (e). Prior to amendment, text read as follows:

“(1) The Chief of Navy Reserve shall submit to the Secretary of Defense, through the Secretary of the Navy, an annual report on the state of the Navy Reserve and the ability of the Navy Reserve to meet its missions. The report shall be prepared in conjunction with the Chief of Naval Operations and may be submitted in classified and unclassified versions.

section 113 of this title“(2) The Secretary of Defense shall transmit the annual report of the Chief of Navy Reserve under paragraph (1) to Congress, together with such comments on the report as the Secretary considers appropriate. The report shall be transmitted at the same time each year that the annual report of the Secretary under is submitted to Congress.”

Pub. L. 109–163, § 515(b)(3)(A)2006—, substituted “Navy Reserve” for “Naval Reserve” in section catchline.

Pub. L. 109–163, § 515(b)(1)(F), substituted “Navy Reserve” for “Naval Reserve” wherever appearing in text.

Pub. L. 109–163, § 515(b)(2)Navy ReserveNaval ReserveSubsec. (a). , substituted “” for “” in heading.

Pub. L. 108–375December 31, 2006December 31, 20042004—Subsec. (b)(4). substituted “” for “”.

Pub. L. 107–314December 31, 2004October 1, 20032002—Subsec. (b)(4). substituted “” for “” in introductory provisions.

Pub. L. 106–398, § 1 [[div. A]2000—Subsec. (b). , title V, § 507(b)], amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “The President, by and with the advice and consent of the Senate, shall appoint the Chief of Naval Reserve from officers who—

“(1) have had at least 10 years of commissioned service;

“(2) are in a grade above captain; and

“(3) have been recommended by the Secretary of the Navy.”

Pub. L. 106–398, § 1 [[div. A]Subsec. (c). , title V, § 507(b)], amended heading and text of subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:

Grade“(c) .—(1) The Chief of Naval Reserve holds office for a term determined by the Chief of Naval Operations, normally four years, but may be removed for cause at any time. He is eligible to succeed himself.

section 12505 of this title“(2) The Chief of Naval Reserve, while so serving, has the grade of rear admiral, without vacating the officer’s permanent grade. However, if selected in accordance with , he may be appointed in the grade of vice admiral.”

Pub. L. 106–398, § 1 [[div. A]Subsec. (c)(2). , title X, § 1087(a)(18)], substituted “has the grade of” for “has a grade”.

Pub. L. 106–65 section 12505 of this title1999—Subsec. (c)(2). substituted “rear admiral” for “above rear admiral (lower half)” and inserted at end “However, if selected in accordance with , he may be appointed in the grade of vice admiral.”

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232Feb. 1, 2019section 800 of Pub. L. 115–232 section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .

Effective Date of 1999 Amendment; Applicability to Incumbents

Pub. L. 106–65Oct. 5, 1999Pub. L. 106–65 section 7038 of this titleAmendment by effective 60 days after , with special provision for an officer who is a covered position incumbent who is appointed under that amendment to the grade of lieutenant general or vice admiral, see section 554(g), (h) of , set out as a note under .