§ 5143. Office of Navy Reserve: appointment of Chief
(a)
Establishment of Office: Chief of Navy 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 Navy Reserve, which is headed by a Chief of Navy Reserve. The Chief of Navy Reserve—
(b)
Appointment.—
(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
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 Navy Reserve unless the officer—
(3)
An officer on active duty for service as the Chief of Navy Reserve shall be counted for purposes of the grade limitations under sections
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—
Any such waiver shall be made on a case-by-case basis.
(c)
Term; Reappointment; Grade.—
(d)
Budget.—
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)
Annual Report.—
(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.