US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 9038

Office of Air Force Reserve: appointment of Chief

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

Appointment .—

(1)
The President, by and with the advice and consent of the Senate, shall appoint the Chief of Air Force Reserve from general officers of the Air Force Reserve who have had at least 10 years of commissioned service in the Air Force.
(2)
The Secretary of Defense may not recommend an officer to the President for appointment as Chief of Air Force Reserve unless the officer—
(A)
is recommended by the Secretary of the Air Force; 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 Air Force Reserve shall be counted for purposes of the grade limitations under sections 525 and 526 of this title.
(4)
Until , the Secretary of Defense may waive subparagraph (B) of paragraph (2) with respect to the appointment of an officer as Chief of Air Force Reserve if the Secretary of the Air Force 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 Air Force Reserve is appointed for a period of four years, but may be removed for cause at any time. An officer serving as Chief of Air Force Reserve may be reappointed for one additional four-year period.
(d)

Budget .—

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

Full Time Support Program .—

The Chief of Air Force Reserve manages, with respect to the Air Force Reserve, the personnel program of the Department of Defense known as the Full Time Support Program.
(f)

Annual Report .—

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

Pub. L. 90–168, § 2(19)81 Stat. 524Pub. L. 99–433, title V100 Stat. 1055Pub. L. 103–337, div. A, title XVI, § 1674(c)(1)108 Stat. 3016Pub. L. 104–201, div. A, title XII, § 1212(d)110 Stat. 2693Pub. L. 105–85, div. A, title X, § 1073(a)(65)111 Stat. 1904Pub. L. 106–65, div. A, title V, § 554(e)113 Stat. 617Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654Pub. L. 107–314, div. A, title V, § 501(a)116 Stat. 2529Pub. L. 108–375, div. A, title V, § 536(a)118 Stat. 1901Pub. L. 114–328, div. A, title V, § 502ll130 Stat. 2106Pub. L. 115–91, div. A, title X, § 1051(a)(30)131 Stat. 1562Pub. L. 115–232, div. A, title VIII, § 806(c)132 Stat. 1833(Added , , , § 8019; renumbered § 8038 and amended , §§ 521(a)(2), 522(g)(3), , , 1063; , , ; , , ; , , ; , , ; , title V, § 507(d)], , , 1654A–104; , , ; , , ; (), , ; , , ; renumbered § 9038, , , .)

Editorial Notes

Amendments

Pub. L. 115–232section 8038 of this title2018— renumbered as this section.

Pub. L. 115–91section 113 of this title2017—Subsec. (f). struck out par. (1) designation before “The Chief” and struck out par. (2) which read as follows: “The Secretary of Defense shall transmit the annual report of the Chief of Air Force 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). , in heading, struck out “; Grade” after “Reappointment”, and in text, struck out par. (1) designation before “The Chief of Air Force Reserve” and struck out par. (2) which read as follows: “The Chief of Air Force Reserve, while so serving, holds the grade of lieutenant general.”

Pub. L. 108–3752004—Subsec. (b)(4). substituted “” for “”.

Pub. L. 107–3142002—Subsec. (b)(4). substituted “” for “”.

Pub. L. 106–398section 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 Air Force Reserve from officers of the Air Force Reserve not on active duty, or on active duty under , who—

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

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

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

Pub. L. 106–398section 12505 of this titleSubsec. (c). amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Chief of Air Force 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 Air Force Reserve. However, if selected in accordance with , he may be appointed in the grade of lieutenant general.”

Pub. L. 106–65section 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. 105–851997—Subsec. (e). struck out “(1)” before “The Chief of Air Force”.

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, § 521(a)(2)section 8019 of this title1986—, renumbered as this section.

Pub. L. 99–433, § 522(g)(3)Subsec. (a). , struck out the comma after “Chief of Staff”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232section 800 of Pub. L. 115–232section 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. 106–65Pub. L. 106–65section 7038 of this titleAmendment by effective 60 days after , with special provision for an officer who is a covered position incumbent who is appointed under that amendment to the grade of lieutenant general or vice admiral, see section 554(g), (h) of , set out as a note under .

Effective Date of 1994 Amendment

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

Effective Date

Pub. L. 90–168section 7 of Pub. L. 90–168section 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 .