Title 10Armed ForcesRelease 119-73

§8083 Office of Navy Reserve: appointment of Chief

Title 10 › Subtitle Subtitle C— - Navy and Marine Corps › Part PART I— - ORGANIZATION › Chapter CHAPTER 809— - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL › § 8083

Last updated Apr 6, 2026|Official source

Summary

Creates an Office of the Navy Reserve led by a Chief of Navy Reserve who advises the Chief of Naval Operations and commands the Navy Reserve Force. The President appoints the Chief, with Senate approval, from Navy flag officers who have at least 10 years of commissioned service. The Secretary of Defense cannot forward a nominee unless the Secretary of the Navy recommends the person and the Chairman of the Joint Chiefs of Staff finds they have major joint duty experience under the Chairman’s rules. A limited waiver of the Chairman’s finding was allowed until December 31, 2006. The Chief’s time in the job counts under the officer grade limits in sections 525 and 526. The Chief serves for a term set by the Chief of Naval Operations, normally four years, can be removed for cause, and may be reappointed once for up to four more years. The Chief manages Navy Reserve budgets for personnel, operations and maintenance, and construction. The Chief must send an annual report on the Reserve’s condition and mission readiness to the Secretary of Defense through the Secretary of the Navy, prepared with the Chief of Naval Operations, in classified or unclassified form.

Full Legal Text

Title 10, §8083

Armed Forces — Source: USLM XML via OLRC

(a)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)(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 section 525 and 526 of this title.
(4)Until December 31, 2006, 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.
(c)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)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)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

Notes & Related Subsidiaries

Editorial Notes

Amendments

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 “
December 31, 2006” for “
December 31, 2004”. 2002—Subsec. (b)(4). Pub. L. 107–314 substituted “
December 31, 2004” for “
October 1, 2003” 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 AmendmentAmendment 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.

Effective Date

of 1999 Amendment; Applicability to IncumbentsAmendment 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 7038 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 8083

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73