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10 U.S.C. § 9038 — Office of Air Force Reserve: appointment of Chief

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9038 — Office of Air Force Reserve: appointment of Chief

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Stable record: federal_law:legal_authorities:record_usc_c96f9a989006affe2dc08072
Source file: Laws/federal/codes/united-states-code/title-10/section-9038-office-of-air-force-reserve-appointment-of-chief--762c311359.md
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Source location: Title 10, Chapter 905, § 9038; chapter-905-the-air-staff.md

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**(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 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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8019 — General Counsel

**(a)** There is a General Counsel of the Department of the Navy, appointed from civilian life by the President, by and with the advice and consent of the Senate. **(b)** The General Counsel shall perform such functions as the Secretary of the Navy may prescribe.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 10211 — Policies and regulations: participation of Reserve officers in preparation and administration

Within such numbers and in such grades and assignments as the Secretary concerned may prescribe, each armed force shall have officers of its reserve components on active duty (other than for training) at the seat of government, and at headquarters responsible for reserve affairs, to participate in preparing and administering the policies and regulations affecting those reserve components. While so serving, such an officer is an additional number of any staff with which he is serving.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8038 — Director for Expeditionary Warfare

**(a)** One of the Directors within the office of the Deputy Chief of Naval Operations with responsibility for warfare requirements and programs shall be the Director for Expeditionary Warfare who shall be detailed from officers on the active-duty list of the Marine Corps. **(b)** The principal duty of the Director for Expeditionary Warfare shall be to supervise the performance of all staff responsibilities of the Chief of Naval Operations regarding expeditionary warfare, including responsibilities regarding amphibious lift, mine warfare, naval fire support, and other missions essential to supporting expeditionary warfare. **(c)** The Chief of Naval Operations shall transfer duties, responsibilities, and staff from other personnel within the Office of the Chief of Naval Operations as necessary to fully support the Director for Expeditionary Warfare.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 138 — Assistant Secretaries of Defense

**(a)** (1) There are 20 Assistant Secretaries of Defense. (2) The Assistant Secretaries of Defense shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. **(b)** (1) The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. (2) (A) One of the Assistant Secretaries is the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. The principal duty of the Assistant Secretary shall be the overall supervision (including oversight of policy and resources) of special operations activities (as defined in [section 167(k) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section167/k&num=0&edition=prelim)) and low intensity conflict activities of the Department of Defense. The Assistant Secretary is the principal civilian adviser to the Secretary of Defense on special operations and low intensity conflict matters and (after the Secretary and Deputy Secretary) is the principal special operations and low intensity conflict official within the senior management of the Department of Defense. A person may not be appointed as Assistant Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force. Subject to the authority, direction, and control of the Secretary of Defense, the Assistant Secretary shall do the following: (i) Exercise authority, direction, and control of all special-operations peculiar administrative matters relating to the organization, training, and equipping of special operations forces through the administrative chain of command specified in [section 167(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

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]

### 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

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) 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

10 U.S.C. § 10001 — Definition of State

In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 113 — Secretary of Defense

**(a)** (1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. (2) A person may not be appointed as Secretary of Defense— (A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or (B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above. **(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense. **(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with— (1) a report from each military department on the expenditures, work, and accomplishments of that department; (2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and (3) such recommendations as he considers appropriate. **(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9038 — Office of Air Force Reserve: appointment

Page 3445 TITLE 10—ARMED FORCES § 9038 hold a grade not lower than major general.’’ for ‘‘An appointee who holds a lower regular grade shall be ap- pointed in the regular grade of major general.’’ Subsec. (b). Pub. L. 109–163, § 1057(a)(2), struck out ‘‘or Territory’’ after ‘‘a State’’. 2004—Subsec. (a). Pub. L. 108–375, § 574(c)(1), struck out ‘‘, but may be sooner terminated or extended by the President’’ after ‘‘four years’’. Subsec. (c). Pub. L. 108–375, § 574(c)(2)(A), struck out ‘‘shall’’ after ‘‘General’’ in introductory provisions. Subsec. (c)(1) to (3). Pub. L. 108–375, § 574(c)(2)(B)–(D), added pars. (1) and (2), redesignated former par. (1) as (3), inserted ‘‘shall’’ before ‘‘receive’’, substituted pe- riod for ‘‘; and’’ at end, and struck out former par. (2) which read as follows: ‘‘perform such other legal duties as may be directed by the Secretary of the Air Force.’’ Subsec. (d)(1). Pub. L. 108–375, § 574(c)(3), struck out ‘‘, but may be sooner terminated or extended by the President’’ after ‘‘four years’’. Subsec. (f). Pub. L. 108–375, § 574(c)(4), added subsec. (f). 1996—Subsec. (d)(1). Pub. L. 104–106 substituted ‘‘four years’’ for ‘‘two years’’ and ‘‘An officer appointed as Deputy Judge Advocate General who holds a lower reg- ular grade shall be appointed in the regular grade of major general.’’ for ‘‘An officer appointed as Deputy Judge Advocate General shall be appointed in a regular grade to be determined by the Secretary of Defense.’’ 1994—Subsec. (e). Pub. L. 103–337 added subsec. (e). 1986—Pub. L. 99–433 renumbered section 8072 of this title as this section. 1980—Pub. L. 96–343, § 12(b)(1), substituted ‘‘General, Deputy Judge Advocate General:’’ for ‘‘General:’’ in section catchline. Subsec. (d). Pub. L. 96–343, § 12(a

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