§7038 — Title 10 Armed Forces | U.S. Code

Summary

Creates an Office of the Army Reserve in the executive part of the Department of the Army, led by a Chief who advises the Army Chief of Staff about the Army Reserve. The President, with Senate approval, must pick the Chief from Army Reserve generals who have at least 10 years of commissioned service in the Army Reserve. The Secretary of Defense cannot recommend an officer unless the Secretary of the Army recommends them and the Chairman of the Joint Chiefs finds they have significant joint duty experience under the Chairman’s process. The Secretary of Defense could waive that finding until December 31, 2006 if requested by the Secretary of the Army and judged necessary and the officer is qualified. Time on active duty as Chief counts toward the grade limits in sections 525 and 526. The Chief serves a four-year term, can be removed for cause, and may be reappointed once for another four years. The Chief, under the Secretary of the Army and the Army Chief of Staff, manages the Army Reserve budgets for personnel, operations and maintenance, and construction, and is the manager of those appropriations. The Chief also runs the Army Reserve’s Full Time Support Program and must send an annual report through the Secretary of the Army to the Secretary of Defense on the Reserve’s condition and mission readiness; the report can be classified or unclassified and is prepared with the Army Chief of Staff.

Title 10, §7038

Armed Forces — Source: USLM XML via OLRC

(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)(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 section 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 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.

(c)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)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Prior sections 7041 to 7046 were renumbered sections 8541 to 8546 of this title. A prior section 7047 was renumbered section 8547 of this title. Another prior section 7047 was renumbered section 8548 of this title. Prior sections 7048 to 7050 were renumbered sections 8548 to 8550 of this title.

Amendments

2018—Pub. L. 115–232 renumbered section 3038 of this title as this section. 2017—Subsec. (f). Pub. L. 115–91 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 section 113 of this title is submitted to Congress.” 2016—Subsec. (c). Pub. L. 114–328 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.” 2004—Subsec. (b)(4). Pub. L. 108–375 substituted “

December 31, 2006” for “

December 31, 2004” in introductory provisions. 2002—Subsec. (b)(4). Pub. L. 107–314 substituted “

December 31, 2004” for “

October 1, 2003” in introductory provisions. 2000—Subsec. (b). Pub. L. 106–398 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 section 10211 of this title, 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.” Subsec. (c). Pub. L. 106–398 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 section 12505 of this title, he may be appointed in the grade of lieutenant general.” 1999—Subsec. (c). Pub. L. 106–65 inserted at end “However, if selected in accordance with section 12505 of this title, he may be appointed in the grade of lieutenant general.” 1996—Subsecs. (d) to (f). Pub. L. 104–201 added subsecs. (d) to (f). 1994—Subsec. (b). Pub. L. 103–337 substituted “10211” for “265”. 1986—Pub. L. 99–433, § 501(a)(4), renumbered section 3019 of this title as this section. Subsec. (c). Pub. L. 99–433, § 502(g)(1), substituted “service” for “services”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment 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.

Effective Date

of 1999 Amendment; Applicability to Incumbents Pub. L. 106–65, div. A, title V, § 554(g), (h), Oct. 5, 1999, 113 Stat. 617, provided that: “(g)

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.—The

Amendments

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

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

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of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an

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note under section 10001 of this title.

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Section effective on first day of first calendar month following date of enactment of Pub. L. 90–168, which was approved Dec. 1, 1967, see section 7 of Pub. L. 90–168, set out as an

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of 1967 Amendment note under section 138 of this title.

§7038 Office of Army Reserve: appointment of Chief

Summary

Title 10, §7038

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