Title 10 — Armed Forces
Part I · Chapter 809 — Bureaus; Office of the Judge Advocate General
§ 8083. Office of Navy Reserve: appointment of Chief
Statutory text
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—
is the principal adviser on Navy Reserve matters to the Chief of Naval Operations; and
is the commander of the Navy Reserve Force.
Appointment.—
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.
The Secretary of Defense may not recommend an officer to the President for appointment as Chief of Navy Reserve unless the officer—
is recommended by the Secretary of the Navy; and
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.
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.
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—
the officer is qualified for service in the position; and
the waiver is necessary for the good of the service.
Any such waiver shall be made on a case-by-case basis.
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.
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Forces Revitalization Act of 1996
Pub. L. 104–201 div. A title XII § 1212(b)(1) · 110 Stat. 2422
Enacted · 10 U.S.C. § 8083
Added Pub. L. 104–201, div. A, title XII, § 1212(b)(1), Sept. 23, 1996, 110 Stat. 2691, § 5143
Source evidence
Code source credit
Added Pub. L. 104–201, div. A, title XII, § 1212(b)(1), Sept. 23, 1996, 110 Stat. 2691, § 5143Enacted provision · exact public law section
(1) Chapter 513 of such title is amended by inserting after section 5142a the following new section: “§5143. Office of Naval Reserve: appointment of Chief “(a) Establishment of Office: Chief of Naval 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 Naval Reserve, which is headed by a Chief of Naval Reserve. The Chief of Naval Reserve— “(1) is the principal adviser on Naval Reserve matters to the Chief of Naval Operations; and “(2) is the commander of the Naval Reserve Force. “(b) President. Appointment.— 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. “(c) Grade.— (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. “(2) The Chief of Naval Reserve, while so serving, has a grade above rear admiral (lower half), without vacating the officer’s permanent grade. “(d) Budget.— The Chief of Naval 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 Naval Reserve. As such, the Chief of Naval Reserve is the director and functional manager of appropriations made for the Naval Reserve in those areas. “(e) Annual Report.— (1) The Chief of Naval Reserve shall submit to the Secretary of Defense, through the Secretary of the Navy, an annual report on the state of the Naval Reserve and the ability of the Naval 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. “(2) The Secretary of Defense shall transmit the annual report of the Chief of Naval 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 section 113 of this title is submitted to Congress.”.Pub. L. 106–65 div. A title V § 554(c) · 113 Stat. 512
Substituted · 10 U.S.C. § 8083(c)(2)
Pub. L. 106–65 substituted “rear admiral” for “above rear admiral (lower half)”
Inserted · 10 U.S.C. § 8083(c)(2)
Pub. L. 106–65 inserted at end “However, if selected in accordance with section 12505 of this title, he may be appointed in the grade of vice admiral.”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 106–65 substituted “rear admiral” for “above rear admiral (lower half)” and inserted at end “However, if selected in accordance with section 12505 of this title, he may be appointed in the grade of vice admiral.”Enacted provision · exact public law section
(c) Chief of Naval Reserve.— Section 5143(c)(2) of such title is amended— (1) by striking “above rear admiral (lower half)” and inserting “rear admiral”; and (2) by adding at the end the following new sentence: “However, if selected in accordance with section 12505 of this title, he may be appointed in the grade of vice admiral.”.Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
Amended · 10 U.S.C. § 8083(b)
Pub. L. 106–398, § 1 [[div. A], 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—
Source evidence
Code amendment note
Subsec. (b). Pub. L. 106–398, § 1 [[div. A], 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.”
Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
Amended · 10 U.S.C. § 8083(c)
Pub. L. 106–398, § 1 [[div. A], title V, § 507(b)], amended heading and text of subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:
Source evidence
Code amendment note
Subsec. (c). Pub. L. 106–398, § 1 [[div. A], title V, § 507(b)], amended heading and text of subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:“(c) Grade.—(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. “(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 section 12505 of this title, he may be appointed in the grade of vice admiral.”
Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
Substituted · 10 U.S.C. § 8083(c)(2)
Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(18)], substituted “has the grade of” for “has a grade”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(18)], substituted “has the grade of” for “has a grade”.Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.Pub. L. 107–314 div. A title V § 501(a) · 116 Stat. 2458
Substituted · 10 U.S.C. § 8083(b)(4)
Pub. L. 107–314 substituted “December 31, 2004” for “October 1, 2003” in introductory provisions
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 107–314 substituted “December 31, 2004” for “October 1, 2003” in introductory provisions.Enacted provision · exact public law section
(a) Waiver of Requirement for Significant Joint Duty Experience.— Sections 3038(b)(4), 5143(b)(4), 5144(b)(4), 8038(b)(4), and 10506(a)(3)(D) of title 10, United States Code, are each amended by striking “October 1, 2003” and inserting “December 31, 2004”.Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 div. A title V § 536(a) · 118 Stat. 1811
Substituted · 10 U.S.C. § 8083(b)(4)
Pub. L. 108–375 substituted “December 31, 2006” for “December 31, 2004”
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 108–375 substituted “December 31, 2006” for “December 31, 2004”.Enacted provision · exact public law section
(a) Extension.— Sections 3038(b)(4), 5143(b)(4), 5144(b)(4), 8038(b)(4), and 10506(a)(3)(D) of title 10, United States Code, are amended by striking “December 31, 2004,” and inserting “December 31, 2006,”.National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 § 515(b)(3)(A) · 119 Stat. 3136
Substituted · 10 U.S.C. § 8083
Pub. L. 109–163, § 515(b)(3)(A), substituted “Navy Reserve” for “Naval Reserve” in section catchline
Source evidence
Code amendment note
Pub. L. 109–163, § 515(b)(3)(A), substituted “Navy Reserve” for “Naval Reserve” in section catchline.Enacted provision · exact public law section
(A) The heading of section 5143 is amended to read as follows: “§ 5143. Office of Navy Reserve: appointment of Chief” .National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 § 515(b)(1)(F) · 119 Stat. 3136
Substituted · 10 U.S.C. § 8083
Pub. L. 109–163, § 515(b)(1)(F), substituted “Navy Reserve” for “Naval Reserve” wherever appearing in text
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–163, § 515(b)(1)(F), substituted “Navy Reserve” for “Naval Reserve” wherever appearing in text.Enacted provision · exact public law section
(F) Section 5143.National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 § 515(b)(2) · 119 Stat. 3136
Substituted · 10 U.S.C. § 8083(a)
Pub. L. 109–163, § 515(b)(2), substituted “Navy Reserve” for “Naval Reserve” in heading
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–163, § 515(b)(2), substituted “Navy Reserve” for “Naval Reserve” in heading.Enacted provision · exact public law section
(2) Subsection caption amendments.— Such title is further amended in sections 971(a) and 5143(a) by striking “Naval Reserve” and inserting “Navy Reserve”.National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 div. A title X § 1061(26) · 125 Stat. 1298
Struck · 10 U.S.C. § 8083(e)
Pub. L. 112–81 struck out subsec. (e). Prior to amendment, text read as follows:
Source evidence
Code amendment note
Subsec. (e). Pub. L. 112–81 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. “(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 section 113 of this title is submitted to Congress.”
Enacted provision · exact public law section
(26) Section 5143 is amended by striking subsection (e).National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 div. A title V § 502(dd) · 130 Stat. 2000
Struck · 10 U.S.C. § 8083(c)
Pub. L. 114–328, in heading, struck out “; Grade” after “Reappointment”, and in text
Struck · 10 U.S.C. § 8083(c)
Pub. L. 114–328, in heading, struck out par. (1) designation before “The Chief of Navy Reserve”
Struck · 10 U.S.C. § 8083(c)
Pub. L. 114–328, in heading, struck out par. (2) which read as follows: “The Chief of Navy Reserve, while so serving, holds the grade of vice admiral.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 114–328, 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.”Enacted provision · exact public law section
(dd) Chief of Navy Reserve.— Section 5143(c) of title 10, United States Code, is amended— (1) in the subsection heading, by striking “; Grade”; (2) by striking “(1)”; and (3) by striking paragraph (2).John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 807(a)(2) · 132 Stat. 1636
Changed · 10 U.S.C. § 8083
Pub. L. 115–232, § 807(a)(2), renumbered section 5143 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–232, § 807(a)(2), renumbered section 5143 of this title as this section.Enacted provision · exact public law section
(2) Chapter 513.— For sections in chapter 513, each section is 10 USC 8071, 8072; 8075; 8077, 8078, 8079, 8081, 8082, 8082a, 8083, 8084, 8088, 8089, 8090. redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,940.Effective date note
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 809(a) · 132 Stat. 1636
Substituted · 10 U.S.C. § 8083(b)(1)
Pub. L. 115–232, § 809(a), substituted “section 8001(1)” for “section 5001(1)”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 115–232, § 809(a), substituted “section 8001(1)” for “section 5001(1)”.Enacted provision · exact public law section
(a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.Effective date note
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.Pub. L. 118–159 div. A title X § 1061 · 138 Stat. 2064
Added · 10 U.S.C. § 8083(e)
Pub. L. 118–159 added subsec. (e)
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (e). Pub. L. 118–159 added subsec. (e).
17 of 18 references resolved to an enrolled provision · 1 unresolved
Editorial Notes
Amendments1999–2024 · 9 rounds
2024
Subsec. (e). Pub. L. 118–159 added subsec. (e).
2018
Pub. L. 115–232, § 807(a)(2), renumbered section 5143 of this title as this section.
Subsec. (b)(1). Pub. L. 115–232, § 809(a), substituted “section 8001(1)” for “section 5001(1)”.
2016
Subsec. (c). Pub. L. 114–328, 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.”
2011
Subsec. (e). Pub. L. 112–81 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.
“(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 section 113 of this title is submitted to Congress.”
2006
Pub. L. 109–163, § 515(b)(3)(A), 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.
Subsec. (a). Pub. L. 109–163, § 515(b)(2), substituted “Navy Reserve” for “Naval Reserve” in heading.
2004
Subsec. (b)(4). Pub. L. 108–375 substituted “” for “”.
2002
Subsec. (b)(4). Pub. L. 107–314 substituted “” for “” in introductory provisions.
2000
Subsec. (b). Pub. L. 106–398, § 1 [[div. A], 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.”
Subsec. (c). Pub. L. 106–398, § 1 [[div. A], title V, § 507(b)], amended heading and text of subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:
“(c) Grade.—(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.
“(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 section 12505 of this title, he may be appointed in the grade of vice admiral.”
Subsec. (c)(2). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(18)], substituted “has the grade of” for “has a grade”.
1999
Subsec. (c)(2). Pub. L. 106–65 substituted “rear admiral” for “above rear admiral (lower half)” and inserted at end “However, if selected in accordance with section 12505 of this title, he may be appointed in the grade of vice admiral.”
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective , with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Effective Date of 1999 Amendment; Applicability to Incumbents
Amendment by Pub. L. 106–65 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 Pub. L. 106–65, set out as a note under section 7038 of this title.
Credits
1996–2024 · 10 acts
- 1996Added Pub. L. 104–201, div. A, title XII, § 1212(b)(1), , 110 Stat. 2691, § 5143
- 1999amended Pub. L. 106–65, div. A, title V, § 554(c), , 113 Stat. 617
- 2000Pub. L. 106–398, § 1 [[div. A], title V, § 507(b), title X, § 1087(a)(18)], , 114 Stat. 1654, 1654A–103, 1654A–291
- 2002Pub. L. 107–314, div. A, title V, § 501(a), , 116 Stat. 2529
- 2004Pub. L. 108–375, div. A, title V, § 536(a), , 118 Stat. 1901
- 2006Pub. L. 109–163, div. A, title V, § 515(b)(1)(F), (2), (3)(A), , 119 Stat. 3233, 3234
- 2011Pub. L. 112–81, div. A, title X, § 1061(26), , 125 Stat. 1584
- 2016Pub. L. 114–328, div. A, title V, § 502(dd), , 130 Stat. 2105
- 2018renumbered § 8083 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(a)(2), 809(a), , 132 Stat. 1834, 1840
- 2024Pub. L. 118–159, div. A, title X, § 1061, , 138 Stat. 2064.
Show as published
(Added Pub. L. 104–201, div. A, title XII, § 1212(b)(1), , 110 Stat. 2691, § 5143; amended Pub. L. 106–65, div. A, title V, § 554(c), , 113 Stat. 617; Pub. L. 106–398, § 1 [[div. A], title V, § 507(b), title X, § 1087(a)(18)], , 114 Stat. 1654, 1654A–103, 1654A–291; Pub. L. 107–314, div. A, title V, § 501(a), , 116 Stat. 2529; Pub. L. 108–375, div. A, title V, § 536(a), , 118 Stat. 1901; Pub. L. 109–163, div. A, title V, § 515(b)(1)(F), (2), (3)(A), , 119 Stat. 3233, 3234; Pub. L. 112–81, div. A, title X, § 1061(26), , 125 Stat. 1584; Pub. L. 114–328, div. A, title V, § 502(dd), , 130 Stat. 2105; renumbered § 8083 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(a)(2), 809(a), , 132 Stat. 1834, 1840; Pub. L. 118–159, div. A, title X, § 1061, , 138 Stat. 2064.)