2013 US Code
Title 10 - Armed Forces
Subtitle D - Air Force (§§ 8010 - 9842)
Part I - ORGANIZATION (§§ 8010 - 8084)
Chapter 805 - THE AIR STAFF (§§ 8031 - 8039)
Section 8038 - Office of Air Force Reserve: appointment of Chief
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle D - Air Force PART I - ORGANIZATION CHAPTER 805 - THE AIR STAFF Sec. 8038 - Office of Air Force Reserve: appointment of Chief |
Contains | section 8038 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 90-168, §2(19), Dec. 1, 1967, 81 Stat. 524, §8019; renumbered §8038 and amended Pub. L. 99-433, title V, §§521(a)(2), 522(g)(3), Oct. 1, 1986, 100 Stat. 1055, 1063; Pub. L. 103-337, div. A, title XVI, §1674(c)(1), Oct. 5, 1994, 108 Stat. 3016; Pub. L. 104-201, div. A, title XII, §1212(d), Sept. 23, 1996, 110 Stat. 2693; Pub. L. 105-85, div. A, title X, §1073(a)(65), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 106-65, div. A, title V, §554(e), Oct. 5, 1999, 113 Stat. 617; Pub. L. 106-398, §1 [[div. A], title V, §507(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A-104; Pub. L. 107-314, div. A, title V, §501(a), Dec. 2, 2002, 116 Stat. 2529; Pub. L. 108-375, div. A, title V, §536(a), Oct. 28, 2004, 118 Stat. 1901. |
Statutes at Large References | 81 Stat. 524 100 Stat. 1055 108 Stat. 3016 110 Stat. 2693 111 Stat. 1904 113 Stat. 617 114 Stat. 1654 116 Stat. 2529 118 Stat. 1901 |
Public Law References | Public Law 90-168, Public Law 99-433, Public Law 103-337, Public Law 104-201, Public Law 105-85, Public Law 106-65, Public Law 106-398, Public Law 107-314, Public Law 108-375 |
Download PDF
(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)
(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 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 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)
(2) The Chief of Air Force Reserve, while so serving, holds the grade of lieutenant general.
(d)
(e)
(f)
(2) 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 section 113 of this title is submitted to Congress.
(Added Pub. L. 90–168, §2(19), Dec. 1, 1967, 81 Stat. 524, §8019; renumbered §8038 and amended Pub. L. 99–433, title V, §§521(a)(2), 522(g)(3), Oct. 1, 1986, 100 Stat. 1055, 1063; Pub. L. 103–337, div. A, title XVI, §1674(c)(1), Oct. 5, 1994, 108 Stat. 3016; Pub. L. 104–201, div. A, title XII, §1212(d), Sept. 23, 1996, 110 Stat. 2693; Pub. L. 105–85, div. A, title X, §1073(a)(65), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 106–65, div. A, title V, §554(e), Oct. 5, 1999, 113 Stat. 617; Pub. L. 106–398, §1 [[div. A], title V, §507(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A–104; Pub. L. 107–314, div. A, title V, §501(a), Dec. 2, 2002, 116 Stat. 2529; Pub. L. 108–375, div. A, title V, §536(a), Oct. 28, 2004, 118 Stat. 1901.)
AMENDMENTS2004—Subsec. (b)(4). Pub. L. 108–375 substituted "December 31, 2006" for "December 31, 2004".
2002—Subsec. (b)(4). Pub. L. 107–314 substituted "December 31, 2004" for "October 1, 2003".
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 Air Force Reserve from officers of the Air Force 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 Air Force;
"(2) are in grade of brigadier general and above; and
"(3) have been recommended by the Secretary of the Air Force."
Subsec. (c). Pub. L. 106–398 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 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."
1997—Subsec. (e). Pub. L. 105–85 struck out "(1)" before "The Chief of Air Force".
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—Subsec. (a). Pub. L. 99–433, §522(g)(3), struck out the comma after "Chief of Staff".
EFFECTIVE DATE OF 1999 AMENDMENT; APPLICABILITY TO INCUMBENTSAmendment by Pub. L. 106–65 effective 60 days after Oct. 5, 1999, 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 Pub. L. 106–65, set out as a note under section 3038 of this title.
EFFECTIVE DATE 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 Effective Date note under section 10001 of this title.
EFFECTIVE DATESection 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 Effective Date of 1967 Amendment note under section 138 of this title.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.