§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) 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 ¹ 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.

(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.

(Added Pub. L. 104–201, div. A, title XII, §1212(b)(1), Sept. 23, 1996, 110 Stat. 2691 ; amended Pub. L. 106–65, div. A, title V, §554(c), Oct. 5, 1999, 113 Stat. 617 .)

Prior Provisions

A prior section 5143, acts Aug. 10, 1956, ch. 1041, 70A Stat. 288 ; Sept. 7, 1962, Pub. L. 87–649, §6(c)(3), 76 Stat. 494 ; Nov. 8, 1967, Pub. L. 90–130, §14(B), (C), 81 Stat. 376 , established in Bureau of Naval Personnel the position of Assistant Chief of Naval Personnel for Women, prior to repeal by Pub. L. 96–513, title III, §344(a), title VII, §701, Dec. 12, 1980, 94 Stat. 2901 , 2955, effective Sept. 15, 1981.

Amendments

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."

Effective Date of 1999 Amendment; Applicability to Incumbents

Amendment by Pub. L. 106–65 effective 60 days after Oct. 5, 1999, 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 an Effective Date note under section 12505 of this title.

Section Referred to in Other Sections

This section is referred to in sections 641, 12505 of this title.

¹ So in original. Probably should be followed by "of".