10 U.S.C. § 7038 | Office of Army Reserve: appointment of Chief

(a)

There is in the executive part of the Department of the Army an Office of the Army Reserve which is headed by a chief who is the adviser to the Chief of Staff on Army Reserve matters.

(b)

Appointment .—

(1)

The President, by and with the advice and consent of the Senate, shall appoint the Chief of Army Reserve from general officers of the Army Reserve who have had at least 10 years of commissioned service in the Army Reserve.

(2)

The Secretary of Defense may not recommend an officer to the President for appointment as Chief of Army Reserve unless the officer—

(A)

is recommended by the Secretary of the Army; 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 Army Reserve shall be counted for purposes of the grade limitations under sections 525 and 526 of this title.

(4)

December 31, 2006 Until , the Secretary of Defense may waive subparagraph (B) of paragraph (2) with respect to the appointment of an officer as Chief of Army Reserve if the Secretary of the Army 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 .—

The Chief of Army Reserve is appointed for a period of four years, but may be removed for cause at any time. An officer serving as Chief of Army Reserve may be reappointed for one additional four-year period.

(d)

Budget .—

The Chief of Army Reserve is the official within the executive part of the Department of the Army who, subject to the authority, direction, and control of the Secretary of the Army and the Chief of Staff, is responsible for justification and execution of the personnel, operation and maintenance, and construction budgets for the Army Reserve. As such, the Chief of Army Reserve is the director and functional manager of appropriations made for the Army Reserve in those areas.

(e)

Full Time Support Program .—

The Chief of Army Reserve manages, with respect to the Army Reserve, the personnel program of the Department of Defense known as the Full Time Support Program.

(f)

Annual Report .—

The Chief of Army Reserve shall submit to the Secretary of Defense, through the Secretary of the Army, an annual report on the state of the Army Reserve and the ability of the Army Reserve to meet its missions. The report shall be prepared in conjunction with the Chief of Staff of the Army and may be submitted in classified and unclassified versions.

Pub. L. 90–168, § 2(16)Dec. 1, 196781 Stat. 523 Pub. L. 99–433, title VOct. 1, 1986100 Stat. 1034 Pub. L. 103–337, div. A, title XVI, § 1672(c)(1)Oct. 5, 1994108 Stat. 3015 Pub. L. 104–201, div. A, title XII, § 1212(a)Sept. 23, 1996110 Stat. 2691 Pub. L. 106–65, div. A, title V, § 554(b)Oct. 5, 1999113 Stat. 617 Pub. L. 106–398, § 1 [[div. A]Oct. 30, 2000114 Stat. 1654 Pub. L. 107–314, div. A, title V, § 501(a)Dec. 2, 2002116 Stat. 2529 Pub. L. 108–375, div. A, title V, § 536(a)Oct. 28, 2004118 Stat. 1901 Pub. L. 114–328, div. A, title V, § 502(m)Dec. 23, 2016130 Stat. 2103 Pub. L. 115–91, div. A, title X, § 1051(a)(28)Dec. 12, 2017131 Stat. 1562 Pub. L. 115–232, div. A, title VIII, § 808(a)Aug. 13, 2018132 Stat. 1838(Added , , , § 3019; renumbered § 3038 and amended , §§ 501(a)(4), 502(g)(1), , , 1042; , , ; , , ; , , ; , title V, § 507(a)], , , 1654A–102; , , ; , , ; , , ; , , ; renumbered § 7038, , , .)

Editorial Notes

Prior Provisions

Prior sections 7041 to 7046 were renumbered sections 8541 to 8546 of this title.

section 8547 of this titleA prior section 7047 was renumbered .

section 8548 of this titleAnother prior section 7047 was renumbered .

Prior sections 7048 to 7050 were renumbered sections 8548 to 8550 of this title.

Amendments

Pub. L. 115–232 section 3038 of this title2018— renumbered as this section.

Pub. L. 115–91 section 113 of this title2017—Subsec. (f). struck out par. (1) designation before “The Chief of Army Reserve” and struck out par. (2) which read as follows: “The Secretary of Defense shall transmit the annual report of the Chief of Army 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 is submitted to Congress.”

Pub. L. 114–3282016—Subsec. (c). struck out “; Grade” after “Reappointment” in heading, and in text struck out par. (1) designation before “The Chief of Army Reserve” and struck out par. (2) which read as follows: “The Chief of Army Reserve, while so serving, holds the grade of lieutenant general.”

Pub. L. 108–375December 31, 2006December 31, 20042004—Subsec. (b)(4). substituted “” for “” in introductory provisions.

Pub. L. 107–314December 31, 2004October 1, 20032002—Subsec. (b)(4). substituted “” for “” in introductory provisions.

Pub. L. 106–398 section 10211 of this title2000—Subsec. (b). amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The President, by and with the advice and consent of the Senate, shall appoint the Chief of Army Reserve from officers of the Army Reserve not on active duty, or on active duty under , who—

“(1) have had at least 10 years of commissioned service in the Army Reserve;

“(2) are in grade of brigadier general and above; and

“(3) have been recommended by the Secretary of the Army.”

Pub. L. 106–398 section 12505 of this titleSubsec. (c). amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Chief of Army Reserve holds office for four years but may be removed for cause at any time. He is eligible to succeed himself. If he holds a lower reserve grade, he shall be appointed in the grade of major general for service in the Army Reserve. However, if selected in accordance with , he may be appointed in the grade of lieutenant general.”

Pub. L. 106–65 section 12505 of this title1999—Subsec. (c). inserted at end “However, if selected in accordance with , he may be appointed in the grade of lieutenant general.”

Pub. L. 104–2011996—Subsecs. (d) to (f). added subsecs. (d) to (f).

Pub. L. 103–3371994—Subsec. (b). substituted “10211” for “265”.

Pub. L. 99–433, § 501(a)(4)section 3019 of this title1986—, renumbered as this section.

Pub. L. 99–433, § 502(g)(1)Subsec. (c). , substituted “service” for “services”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232Feb. 1, 2019section 800 of Pub. L. 115–232 section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .

Effective Date of 1999 Amendment; Applicability to Incumbents

Pub. L. 106–65, div. A, title V, § 554(g)Oct. 5, 1999113 Stat. 617

“(g)

Effective Date .—

section 12505 of this titleOct. 5, 1999The amendments made by this section [enacting and amending this section and sections 5143, 5144, 8038, and 10506 of this title] shall take effect 60 days after the date of the enactment of this Act [].

“(h)

Applicability to Incumbents .—

(1)

If an officer who is a covered position incumbent is appointed under the amendments made by this section to the grade of lieutenant general or vice admiral, the term of service of that officer in that covered position shall not be extended by reason of such appointment.

“(2)

For purposes of this subsection:

“(A)

The term ‘covered position incumbent’ means a reserve component officer who on the effective date specified in subsection (g) is serving in a covered position.

“(B)

section 12505 of title 10 The term ‘covered position’ means a position specified in , United States Code, as added by subsection (a).”

, (h), , , provided that:

Effective Date of 1994 Amendment

Pub. L. 103–337Dec. 1, 1994section 1691 of Pub. L. 103–337 section 10001 of this titleAmendment by effective , except as otherwise provided, see , set out as an Effective Date note under .

Effective Date

Pub. L. 90–168Dec. 1, 1967section 7 of Pub. L. 90–168 section 138 of this titleSection effective on first day of first calendar month following date of enactment of , which was approved , see , set out as an Effective Date of 1967 Amendment note under .