---
kind: "section"
citation: "10 U.S.C. § 8083"
title: "10"
title_heading: "Armed Forces"
number: "8083"
heading: "Office of Navy Reserve: appointment of Chief"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/8083"
units:
  - "Subtitle C — Navy and Marine Corps"
  - "Part I — Organization"
  - "Chapter 809 — Bureaus; Office of the Judge Advocate General"
---

# §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](/usc/10/101.md?p=a-7) of the [Navy](/usc/10/8001.md?p=a-1), on the staff of the Chief of Naval Operations, an Office of the [Navy](/usc/10/8001.md?p=a-1) [Reserve](/usc/10/101.md?p=c-6), which is headed by a Chief of [Navy](/usc/10/8001.md?p=a-1) [Reserve](/usc/10/101.md?p=c-6). The Chief of [Navy](/usc/10/8001.md?p=a-1) [Reserve](/usc/10/101.md?p=c-6)—
  - (1) is the principal adviser on [Navy](/usc/10/8001.md?p=a-1) [Reserve](/usc/10/101.md?p=c-6) matters to the Chief of Naval Operations; and
  - (2) is the commander of the [Navy](/usc/10/8001.md?p=a-1) [Reserve](/usc/10/101.md?p=c-6) Force.
- (b) **Appointment.—**
  - (1) The President, by and with the advice and consent of the Senate, shall appoint the Chief of [Navy](/usc/10/8001.md?p=a-1) [Reserve](/usc/10/101.md?p=c-6) from [flag officers](/usc/10/101.md?p=b-5) of the [Navy](/usc/10/8001.md?p=a-1) (as defined in [section 8001(1)](/usc/10/8001.md)) who have had at least 10 years of commissioned service.
  - (2) The [Secretary](/usc/10/8720.md?p=4) of Defense may not recommend an [officer](/usc/10/8001.md?p=a-5) to the President for appointment as Chief of [Navy](/usc/10/8001.md?p=a-1) [Reserve](/usc/10/101.md?p=c-6) unless the [officer](/usc/10/8001.md?p=a-5)—
    - (A) is recommended by the [Secretary](/usc/10/8720.md?p=4) of the [Navy](/usc/10/8001.md?p=a-1); 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](/usc/10/8001.md?p=a-5) on [active duty](/usc/10/101.md?p=d-1) for service as the Chief of [Navy](/usc/10/8001.md?p=a-1) [Reserve](/usc/10/101.md?p=c-6) shall be counted for purposes of the [grade](/usc/10/101.md?p=b-7) limitations under sections [525](/usc/10/525.md) and [526](/usc/10/526.md) of this title.
  - (4) Until December 31, 2006, the [Secretary](/usc/10/8720.md?p=4) of Defense may waive [subparagraph (B)](#b-2-B) of paragraph (2) with respect to the appointment of an [officer](/usc/10/8001.md?p=a-5) as Chief of [Navy](/usc/10/8001.md?p=a-1) [Reserve](/usc/10/101.md?p=c-6) if the [Secretary](/usc/10/8720.md?p=4) of the [Navy](/usc/10/8001.md?p=a-1) requests the waiver and, in the judgment of the [Secretary](/usc/10/8720.md?p=4) of Defense—
    - (A) the [officer](/usc/10/8001.md?p=a-5) 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](/usc/10/8001.md?p=a-1) [Reserve](/usc/10/101.md?p=c-6) 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](/usc/10/8001.md?p=a-5) serving as Chief of [Navy](/usc/10/8001.md?p=a-1) [Reserve](/usc/10/101.md?p=c-6) may be reappointed for one additional term of up to four years.
- (d) **Budget.—** The Chief of [Navy](/usc/10/8001.md?p=a-1) [Reserve](/usc/10/101.md?p=c-6) is the official within the [executive part of the Department](/usc/10/101.md?p=a-7) of the [Navy](/usc/10/8001.md?p=a-1) who, subject to the authority, direction, and control of the [Secretary](/usc/10/8720.md?p=4) of the [Navy](/usc/10/8001.md?p=a-1) 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](/usc/10/8001.md?p=a-1) [Reserve](/usc/10/101.md?p=c-6). As such, the Chief of [Navy](/usc/10/8001.md?p=a-1) [Reserve](/usc/10/101.md?p=c-6) is the director and functional manager of appropriations made for the [Navy](/usc/10/8001.md?p=a-1) [Reserve](/usc/10/101.md?p=c-6) in those areas.
- (e) **Annual Report.—** The Chief of [Navy](/usc/10/8001.md?p=a-1) [Reserve](/usc/10/101.md?p=c-6) shall submit to the [Secretary](/usc/10/8720.md?p=4) of Defense, through the [Secretary](/usc/10/8720.md?p=4) of the [Navy](/usc/10/8001.md?p=a-1), an annual report on the state of the [Navy](/usc/10/8001.md?p=a-1) [Reserve](/usc/10/101.md?p=c-6) and the ability of the [Navy](/usc/10/8001.md?p=a-1) [Reserve](/usc/10/101.md?p=c-6) 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.

## Source credit

(Added Pub. L. 104–201, div. A, title XII, § 1212(b)(1), Sept. 23, 1996, 110 Stat. 2691, § 5143; amended Pub. L. 106–65, div. A, title V, § 554(c), Oct. 5, 1999, 113 Stat. 617; Pub. L. 106–398, § 1 [[div. A], title V, § 507(b), title X, § 1087(a)(18)], Oct. 30, 2000, 114 Stat. 1654, 1654A–103, 1654A–291; Pub. L. 107–314, div. A, title V, § 501(a), Dec. 2, 2002, 116 Stat. 2529; Pub. L. 108–375, div. A, title V, § 536(a), Oct. 28, 2004, 118 Stat. 1901; Pub. L. 109–163, div. A, title V, § 515(b)(1)(F), (2), (3)(A), Jan. 6, 2006, 119 Stat. 3233, 3234; Pub. L. 112–81, div. A, title X, § 1061(26), Dec. 31, 2011, 125 Stat. 1584; Pub. L. 114–328, div. A, title V, § 502(dd), Dec. 23, 2016, 130 Stat. 2105; renumbered § 8083 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(a)(2), 809(a), Aug. 13, 2018, 132 Stat. 1834, 1840; Pub. L. 118–159, div. A, title X, § 1061, Dec. 23, 2024, 138 Stat. 2064.)

## Notes

### 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 Amendment

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.

### 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 7038 of this title.