
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC5143]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                          PART I--ORGANIZATION
 
       CHAPTER 513--BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL
 
Sec. 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.--(1) The President, by and with the advice and 
consent of the Senate, shall appoint the Chief of Naval Reserve from 
flag officers of the Navy (as defined in section 5001(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 Naval 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 Naval 
Reserve shall be counted for purposes of the grade limitations under 
sections 525 and 526 of this title.
    (4) Until October 1, 2003, the Secretary of Defense may waive 
subparagraph (B) of paragraph (2) with respect to the appointment of an 
officer as Chief of Naval 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; Grade.--(1) The Chief of Naval 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 Naval Reserve may be reappointed for one 
additional term of up to four years.
    (2) The Chief of Naval Reserve, while so serving, holds 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, Sec. 1212(b)(1), Sept. 23, 
1996, 110 Stat. 2691; amended Pub. L. 106-65, div. A, title V, 
Sec. 554(c), Oct. 5, 1999, 113 Stat. 617; Pub. L. 106-398, Sec. 1 [[div. 
A], title V, Sec. 507(b), title X, Sec. 1087(a)(18)], Oct. 30, 2000, 114 
Stat. 1654, 1654A-103, 1654A-291.)


                            Prior Provisions

    A prior section 5143, acts Aug. 10, 1956, ch. 1041, 70A Stat. 288; 
Sept. 7, 1962, Pub. L. 87-649, Sec. 6(c)(3), 76 Stat. 494; Nov. 8, 1967, 
Pub. L. 90-130, Sec. 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, Sec. 344(a), title 
VII, Sec. 701, Dec. 12, 1980, 94 Stat. 2901, 2955, effective Sept. 15, 
1981.


                               Amendments

    2000--Subsec. (b). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 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, Sec. 1 [[div. A], title V, 
Sec. 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, Sec. 1 [[div. A], title X, 
Sec. 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.''


      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 a note under section 3038 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 641 of this title.
