§ 5142a TITLE 10—ARMED FORCES Page 1702 tribution, and support of personnel of the Chap- poses of the grade limitations under sections 525 lain Corps, report to and be supported by the and 526 of this title. Chief of Naval Personnel. (4) Until December 31, 2006, the Secretary of (e) The Chief of Chaplains of the Navy is enti- Defense may waive subparagraph (B) of para- tled to the same rank and privileges of retire- graph (2) with respect to the appointment of an ment as provided for chiefs of bureaus in section officer as Chief of Navy Reserve if the Secretary 5133 of this title. of the Navy requests the waiver and, in the judg- ment of the Secretary of Defense— (Added Pub. L. 96–343, § 11(a), Sept. 8, 1980, 94 (A) the officer is qualified for service in the Stat. 1130; amended Pub. L. 105–85, div. A, title position; and V, § 504(c)(1), Nov. 18, 1997, 111 Stat. 1725.) (B) the waiver is necessary for the good of PRIOR PROVISIONS the service. A prior section 5142, acts Aug. 10, 1956, ch. 1041, 70A Any such waiver shall be made on a case-by-case Stat. 288; Sept. 7, 1962, Pub. L. 87–649, § 14c(18), 76 Stat. basis. 501, provided for a Chief of Chaplains in Bureau of (c) TERM; REAPPOINTMENT; GRADE.—(1) The Naval Personnel, detailed by Chief of Naval Personnel Chief of Navy Reserve is appointed for a term from officers on active list of the Navy in Chaplains determined by the Chief of Naval Operations, Corps not below grade of rear admiral, prior to repeal by Pub. L. 96–343, § 11(a). normally four years, but may be removed for cause at any time. An officer serving as Chief of AMENDMENTS Navy Reserve may be reappointed for one addi- 1997—Subsec. (b). Pub. L. 105–85 struck out ‘‘, who are tional term of up to four years. not on the retired list,’’ after ‘‘serving on active duty’’. (2) The Chief of Navy Reserve, while so serv- ing, holds the grade of vice admiral. § 5142a. Deputy Chief of Chaplains (d) BUDGET.—The Chief of Navy Reserve is the The Secretary of the Navy may detail as the official within the executive part of the Depart- Deputy Chief of Chaplains an officer of the ment of the Navy who, subject to the authority, Chaplain Corps in the grade of commander or direction, and control of the Secretary of the above who is on active duty and who has served Navy and the Chief of Naval Operations, is re- on active duty in the Chaplain Corps for at least sponsible for preparation, justification, and exe- eight years. cution of the personnel, operation and mainte- nance, and construction budgets for the Navy (Added Pub. L. 96–343, § 11(a), Sept. 8, 1980, 94 Reserve. As such, the Chief of Navy Reserve is Stat. 1130; amended Pub. L. 105–85, div. A, title the director and functional manager of appro- V, § 504(c)(2), Nov. 18, 1997, 111 Stat. 1725.) priations made for the Navy Reserve in those AMENDMENTS areas. (e) ANNUAL REPORT.—(1) The Chief of Navy Re- 1997—Pub. L. 105–85 struck out ‘‘, who is not on the retired list,’’ after ‘‘who is on active duty’’. serve shall submit to the Secretary of Defense, through the Secretary of the Navy, an annual § 5143. Office of Navy Reserve: appointment of report on the state of the Navy Reserve and the Chief ability of the Navy Reserve to meet its mis- sions. The report shall be prepared in conjunc- (a) ESTABLISHMENT OF OFFICE: CHIEF OF NAVY tion with the Chief of Naval Operations and may RESERVE.—There is in the executive part of the be submitted in classified and unclassified ver- Department of the Navy, on the staff of the sions. Chief of Naval Operations, an Office of the Navy (2) The Secretary of Defense shall transmit Reserve, which is headed by a Chief of Navy Re- the annual report of the Chief of Navy Reserve serve. The Chief of Navy Reserve— under paragraph (1) to Congress, together with (1) is the principal adviser on Navy Reserve such comments on the report as the Secretary matters to the Chief of Naval Operations; and considers appropriate. The report shall be trans- (2) is the commander of the Navy Reserve mitted at the same time each year that the an- Force. nual report of the Secretary under section 113 of (b) APPOINTMENT.—(1) The President, by and this title is submitted to Congress. with the advice and consent of the Senate, shall (Added Pub. L. 104–201, div. A, title XII, appoint the Chief of Navy Reserve from flag offi- § 1212(b)(1), Sept. 23, 1996, 110 Stat. 2691; amended cers of the Navy (as defined in section 5001(1)) Pub. L. 106–65, div. A, title V, § 554(c), Oct. 5, who have had at least 10 years of commissioned 1999, 113 Stat. 617; Pub. L. 106–398, § 1 [[div. A], service. title V, § 507(b), title X, § 1087(a)(18)], Oct. 30, (2) The Secretary of Defense may not rec- 2000, 114 Stat. 1654, 1654A–103, 1654A–291; Pub. L. ommend an officer to the President for appoint- 107–314, div. A, title V, § 501(a), Dec. 2, 2002, 116 ment as Chief of Navy Reserve unless the offi- Stat. 2529; Pub. L. 108–375, div. A, title V, § 536(a), cer— Oct. 28, 2004, 118 Stat. 1901; Pub. L. 109–163, div. (A) is recommended by the Secretary of the A, title V, § 515(b)(1)(F), (2), (3)(A), Jan. 6, 2006, Navy; and 119 Stat. 3233, 3234.) (B) is determined by the Chairman of the Joint Chiefs of Staff, in accordance with cri- PRIOR PROVISIONS teria and as a result of a process established A prior section 5143, acts Aug. 10, 1956, ch. 1041, 70A by the Chairman, to have significant joint Stat. 288; Sept. 7, 1962, Pub. L. 87–649, § 6(c)(3), 76 Stat. duty experience. 494; Nov. 8, 1967, Pub. L. 90–130, § 14(B), (C), 81 Stat. 376, established in Bureau of Naval Personnel the position (3) An officer on active duty for service as the of Assistant Chief of Naval Personnel for Women, prior Chief of Navy Reserve shall be counted for pur- to repeal by Pub. L. 96–513, title III, § 344(a), title VII, Page 1703 TITLE 10—ARMED FORCES § 5144

§ 701, Dec. 12, 1980, 94 Stat. 2901, 2955, effective Sept. 15, (A) is recommended by the Secretary of the 1981. Navy; and AMENDMENTS (B) is determined by the Chairman of the Joint Chiefs of Staff, in accordance with cri- 2006—Pub. L. 109–163, § 515(b)(3)(A), substituted ‘‘Navy teria and as a result of a process established Reserve’’ for ‘‘Naval Reserve’’ in section catchline. Pub. L. 109–163, § 515(b)(1)(F), substituted ‘‘Navy Re- by the Chairman, to have significant joint serve’’ for ‘‘Naval Reserve’’ wherever appearing in text. duty experience. Subsec. (a). Pub. L. 109–163, § 515(b)(2), substituted (3) An officer on active duty for service as the ‘‘NAVY RESERVE’’ for ‘‘NAVAL RESERVE’’ in heading. Commander, Marine Forces Reserve, shall be 2004—Subsec. (b)(4). Pub. L. 108–375 substituted ‘‘De- cember 31, 2006’’ for ‘‘December 31, 2004’’. counted for purposes of the grade limitations 2002—Subsec. (b)(4). Pub. L. 107–314 substituted ‘‘De- under sections 525 and 526 of this title. cember 31, 2004’’ for ‘‘October 1, 2003’’ in introductory (4) Until December 31, 2006, the Secretary of provisions. Defense may waive subparagraph (B) of para- 2000—Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title V, graph (2) with respect to the appointment of an § 507(b)], amended heading and text of subsec. (b) gener- officer as Commander, Marine Forces Reserve, if ally. Prior to amendment, text read as follows: ‘‘The the Secretary of the Navy requests the waiver President, by and with the advice and consent of the and, in the judgment of the Secretary of De- Senate, shall appoint the Chief of Naval Reserve from officers who— fense— ‘‘(1) have had at least 10 years of commissioned (A) the officer is qualified for service in the service; position; and ‘‘(2) are in a grade above captain; and (B) the waiver is necessary for the good of ‘‘(3) have been recommended by the Secretary of the service. the Navy.’’ Subsec. (c). Pub. L. 106–398, § 1 [[div. A], title V, Any such waiver shall be made on a case-by-case § 507(b)], amended heading and text of subsec. (c) gener- basis. ally. Prior to amendment, subsec. (c) read as follows: (c) TERM; REAPPOINTMENT; GRADE.—(1) The ‘‘(c) GRADE.—(1) The Chief of Naval Reserve holds of- Commander, Marine Forces Reserve, is ap- fice for a term determined by the Chief of Naval Oper- pointed for a term determined by the Com- ations, normally four years, but may be removed for mandant of the Marine Corps, normally four cause at any time. He is eligible to succeed himself. years, but may be removed for cause at any ‘‘(2) The Chief of Naval Reserve, while so serving, has the grade of rear admiral, without vacating the offi- time. An officer serving as Commander, Marine cer’s permanent grade. However, if selected in accord- Forces Reserve, may be reappointed for one ad- ance with section 12505 of this title, he may be ap- ditional term of up to four years. pointed in the grade of vice admiral.’’ (2) The Commander, Marine Forces Reserve, Subsec. (c)(2). Pub. L. 106–398, § 1 [[div. A], title X, while so serving, holds the grade of lieutenant § 1087(a)(18)], substituted ‘‘has the grade of’’ for ‘‘has a general. grade’’. (d) ANNUAL REPORT.—(1) The Commander, Ma- 1999—Subsec. (c)(2). Pub. L. 106–65 substituted ‘‘rear rine Forces Reserve, shall submit to the Sec- admiral’’ for ‘‘above rear admiral (lower half)’’ and in- serted at end ‘‘However, if selected in accordance with retary of Defense, through the Secretary of the section 12505 of this title, he may be appointed in the Navy, an annual report on the state of the Ma- grade of vice admiral.’’ rine Corps Reserve and the ability of the Marine Corps Reserve to meet its missions. The report EFFECTIVE DATE OF 1999 AMENDMENT; APPLICABILITY shall be prepared in conjunction with the Com- TO INCUMBENTS mandant of the Marine Corps and may be sub- Amendment by Pub. L. 106–65 effective 60 days after mitted in classified and unclassified versions. Oct. 5, 1999, with special provision for an officer who is (2) The Secretary of Defense shall transmit a covered position incumbent who is appointed under the annual report of the Commander, Marine that amendment to the grade of lieutenant general or Forces Reserve, under paragraph (1) to Congress, vice admiral, see section 554(g), (h) of Pub. L. 106–65, set out as a note under section 3038 of this title. together with such comments on the report as the Secretary considers appropriate. The report § 5144. Office of Marine Forces Reserve: appoint- shall be transmitted at the same time each year ment of Commander that the annual report of the Secretary under section 113 of this title is submitted to Congress. (a) ESTABLISHMENT OF OFFICE; COMMANDER, MARINE FORCES RESERVE.—There is in the exec- (Added Pub. L. 104–201, div. A, title XII, utive part of the Department of the Navy an Of- § 1212(c)(1), Sept. 23, 1996, 110 Stat. 2692; amended fice of the Marine Forces Reserve, which is Pub. L. 106–65, div. A, title V, § 554(d), Oct. 5, headed by the Commander, Marine Forces Re- 1999, 113 Stat. 617; Pub. L. 106–398, § 1 [[div. A], serve. The Commander, Marine Forces Reserve, title V, § 507(c), title X, § 1087(a)(19)], Oct. 30, 2000, is the principal adviser to the Commandant on 114 Stat. 1654, 1654A–103, 1654A–291; Pub. L. Marine Forces Reserve matters. 107–314, div. A, title V, § 501(a), Dec. 2, 2002, 116 (b) APPOINTMENT.—(1) The President, by and Stat. 2529; Pub. L. 108–375, div. A, title V, § 536(a), with the advice and consent of the Senate, shall Oct. 28, 2004, 118 Stat. 1901.) appoint the Commander, Marine Forces Reserve, PRIOR PROVISIONS from general officers of the Marine Corps (as de- fined in section 5001(2)) who have had at least 10 A prior section 5144, act Aug. 10, 1956, ch. 1041, 70A years of commissioned service. Stat. 289, related to appointment and term of Chief of Bureau of Ordnance, and authorized detail of an officer (2) The Secretary of Defense may not rec- as Deputy Chief of Bureau, prior to repeal by Pub. L. ommend an officer to the President for appoint- 86–174, § 2(3), Aug. 18, 1959, 73 Stat. 396, effective July 1, ment as Commander, Marine Forces Reserve, 1960, or any earlier date on which the Secretary of the unless the officer— Navy made a formal finding that all the functions of