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10 U.S.C. § 12505 — Repealed. Pub. L. 106–398, § 1 [[div. A], title V, § 507(f)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–105]
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 106–65, div. A, title V, § 554(a)(1), Oct. 5, 1999, 113 Stat. 616, related to selection of officers for certain senior reserve component positions.
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Source file: Laws/federal/codes/united-states-code/title-10/section-12505-repealed-pub-l-106398-1-div-a-title-v-507-f-1-oct-30-2000-114-stat-1654--aa6346fe93.md
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Source location: Title 10, Chapter 1213, § 12505; chapter-1213-special-appointments-assignments-details-and-duties.md
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### Statutory Notes
Section, added Pub. L. 106–65, div. A, title V, § 554(a)(1), Oct. 5, 1999, 113 Stat. 616, related to selection of officers for certain senior reserve component positions.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For purposes of the applicable limitation in [section 526(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section526/a&num=0&edition=prelim) on general and flag officers on active duty, no appointment of an officer on the active duty list or the Space Force officer list may be made—
(1) in the Army, if that appointment would result in more than—
(A) 8 officers in the grade of general;
(B) 46 officers in a grade above the grade of major general; or
(C) 90 officers in the grade of major general;
(2) in the Air Force, if that appointment would result in more than—
(A) 9 officers in the grade of general;
(B) 44 officers in a grade above the grade of major general; or
(C) 73 officers in the grade of major general;
(3) in the Navy, if that appointment would result in more than—
(A) 6 officers in the grade of admiral;
(B) 34 officers in a grade above the grade of rear admiral; or
(C) 49 officers in the grade of rear admiral;
(4) in the Marine Corps, if that appointment would result in more than—
(A) 2 officers in the grade of general;
(B) 18 officers in a grade above the grade of major general; or
(C) 21 officers in the grade of major general; and
(5) in the Space Force, if that appointment would result in more than—
(A) 2 officers on sustained duty orders in the grade of general;
(B) 7 officers on sustained duty orders in a grade above the grade of major general; or
(C) 6 officers on sustained duty orders in the grade of major general.
**(b)** The limitations of subsection (a) do not include the following:
(1) An officer released from a joint duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty assignment, except that the Se
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 525
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Federal law — U.S. Code and appendices · legal_authorities
**(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) 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.
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 t
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7038
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Office: Chief of Navy Reserve.—** There is in the executive part of the Department of the Navy, on the staff of the Chief of Naval Operations, an Office of the Navy Reserve, which is headed by a Chief of Navy Reserve. The Chief of Navy Reserve—
(1) is the principal adviser on Navy Reserve matters to the Chief of Naval Operations; and
(2) is the commander of the Navy Reserve Force.
**(b) Appointment.—**
(1) The President, by and with the advice and consent of the Senate, shall appoint the Chief of Navy Reserve from flag officers of the Navy (as defined in section 8001(1)) who have had at least 10 years of commissioned service.
(2) The Secretary of Defense may not recommend an officer to the President for appointment as Chief of Navy Reserve unless the officer—
(A) is recommended by the Secretary of the Navy; 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 Navy 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 Navy Reserve if the Secretary of the Navy 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 Navy Reserve is appointed for a term determined by the Chief of Naval Operations, norm
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8083
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Office; Commander, Marine Forces Reserve.—** There is in the executive part of the Department of the Navy an Office of the Marine Forces Reserve, which is headed by the Commander, Marine Forces Reserve. The Commander, Marine Forces Reserve, is the principal adviser to the Commandant on Marine Forces Reserve matters.
**(b) Appointment.—**
(1) The President, by and with the advice and consent of the Senate, shall appoint the Commander, Marine Forces Reserve, from general officers of the Marine Corps Reserve who have had at least 10 years of commissioned service.
(2) The Secretary of Defense may not recommend an officer to the President for appointment as Commander, Marine Forces Reserve, unless the officer—
(A) is recommended by the Secretary of the Navy; 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 Commander, Marine Forces 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 Commander, Marine Forces Reserve, if the Secretary of the Navy 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 Commander, Marine Forces Reserve, is appointed for a term determined by the Commandant of the Marine Corps, normally four years,
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8084
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Federal law — U.S. Code and appendices · legal_authorities
**(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 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) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 9038
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Federal law — U.S. Code and appendices · legal_authorities
Page 3684
TITLE 10—ARMED FORCES
[§ 12505
National Guard of the United States or the Air
National Guard of the United States. The per-
formance of funeral honors duty by those mem-
bers is provided for in section 115 of title 32.
(Added Pub. L. 106–65, div. A, title V, § 578(g)(3),
Oct. 5, 1999, 113 Stat. 628; amended Pub. L.
106–398, § 1 [[div. A], title V, § 575(a)(2)], Oct. 30,
2000, 114 Stat. 1654, 1654A–138; Pub. L. 107–107,
div. A, title V, § 562(a), Dec. 28, 2001, 115 Stat.
1119; Pub. L. 112–81, div. A, title VI, § 631(f)(4)(A),
Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div.
A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948;
Pub. L. 117–263, div. A, title VI, § 626(c)(9), Dec.
23, 2022, 136 Stat. 2628.)
Editorial Notes
AMENDMENTS
2022—Subsec. (a). Pub. L. 117–263, § 626(c)(9)(A), sub-
stituted ‘‘sections 206 and 435’’ for ‘‘sections 206 and
495’’.
Subsec. (b)(2)(A). Pub. L. 117–263, § 626(c)(9)(B), sub-
stituted ‘‘section 435’’ for ‘‘section 495’’.
Subsec. (c). Pub. L. 117–263, § 626(c)(9)(C), substituted
‘‘section 452’’ for ‘‘chapter 7’’.
2013—Subsecs.
(a),
(b)(2)(A).
Pub.
L.
112–239,
§ 1076(a)(9), made technical amendment to directory
language of Pub. L. 112–81, § 631(f)(4)(A). See 2011
Amendment note below.
2011—Subsecs.
(a),
(b)(2)(A).
Pub.
L.
112–81,
§ 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9),
substituted ‘‘495’’ for ‘‘435’’.
2001—Subsec. (a). Pub. L. 107–107 inserted at end ‘‘Per-
formance of funeral honors duty by a Reserve not on
active duty shall be treated as inactive-duty training
(including with respect to travel to and from such
duty) for purposes of any provision of law other than
sections 206 and 435 of title 37.’’
2000—Subsec. (b)(2). Pub. L. 106–398 amended par. (2)
generally. Pri
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12505
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