|
U.S. Code as of:
01/19/04
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) 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 December 31, 2004, 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.
|
|