1
 See References in Text note below.
of this title) as a flag officer.
Editorial Notes
References in Text

Section 664(f) of this title, referred to in subsec. (a)(2)(B), was redesignated as section 664(d) of this title by Pub. L. 114–328, div. A, title V, § 510(g)(1), Dec. 23, 2016, 130 Stat. 2111.

Prior Provisions

Provisions similar to those in this section were contained in sections 5081 and 5082 of this title prior to enactment of Pub. L. 99–433.

A prior section 8033 was renumbered section 9033 of this title.

Another prior section 8033 was renumbered section 10305 of this title.

A prior section 8034 was renumbered section 9034 of this title.

Another prior section 8034 was renumbered section 8033 of this title.

Amendments

2021—Subsec. (d)(5). Pub. L. 116–283, § 1847(e)(6)(B), which directed substitution of “, 3103, and 4274” for “and 2547”, was repealed by Pub. L. 117–81, § 1701(r)(1)(B).

Pub. L. 116–283, § 1808(d)(3), as added by Pub. L. 117–81, § 1701(r)(2), substituted “and 3104” for “and 2547”.

2018—Pub. L. 115–232, § 807(a)(1), renumbered section 5033 of this title as this section.

Subsec. (c). Pub. L. 115–232, § 809(a), substituted “section 8013(f)” for “section 5013(f)”.

2015—Subsec. (d)(5). Pub. L. 114–92 substituted “sections 171 and 2547” for “section 171”.

2003—Subsec. (a)(1). Pub. L. 108–136 substituted “from the flag officers of the Navy” for “from officers on the active-duty list in the line of the Navy who are eligible to command at sea and who hold the grade of rear admiral or above”.

1988—Subsec. (a)(2)(B). Pub. L. 100–456 substituted “full tour of duty in a joint duty assignment (as defined in section 664(f) of this title)” for “joint duty assignment”.

Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment

Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below.

Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

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.

Reappointment of Incumbent Chief of Naval Operations

Pub. L. 108–136, div. A, title V, § 508, Nov. 24, 2003, 117 Stat. 1458, provided that: “Notwithstanding the provisions of section 5033(a)(1) [now 8033(a)(1)] of title 10, United States Code, the President, by and with the advice and consent of the Senate, may reappoint the officer serving as Chief of Naval Operations on October 1, 2003, for an additional term as Chief of Naval Operations. Such a reappointment shall be for a term of not more than two years.”

Waiver of Qualifications for Appointment as Service Chief

For provisions giving President temporary authority to waive requirements in subsec. (a)(2) of this section, see section 532(c) of Pub. L. 99–433, title V, Oct. 1, 1986, 100 Stat. 1063, which was formerly set out as a note under section 3033 of this title.