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), added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment 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 1996 AMENDMENT Pub. L. 104–106, div. A, title V, § 507(b), Feb. 10, 1996, 110 Stat. 296, provided that: ‘‘The amendments made by subsection (a) [amending this section] apply to any ap- pointment to the position of Deputy Judge Advocate General of the Air Force that is made after the date of the enactment of this Act [Feb. 10, 1996].’’ SERVICE OF INCUMBENTS IN CERTAIN POSITIONS WITHOUT REAPPOINTMENT For continued service of Judge Advocate General of the Air Force under subsec. (a) of this section or Dep- uty Judge Advocate General of the Air Force under subsec. (d) of this section after Jan. 1, 2021, without fur- ther appointment, notwithstanding amendment by sec- tion 923(b)(7) of Pub. L. 116–283, see section 923(f) of Pub. L. 116–283, set out as a note under section 9020 of this title. § 9038. Office of Air Force Reserve: appointment of Chief (a) There is in the executive part of the De- partment 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 Re- serve 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 gen- eral 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 rec- ommend an officer to the President for appoint- ment 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 cri- teria 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 para- graph (2) with respect to the appointment of an officer as Chief of Air Force Reserve if the Sec- retary 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 De- partment of the Air Force who, subject to the authority, direction, and control of the Sec- retary of the Air Force and the Chief of Staff, is responsible for preparation, justification, and execution of the personnel, operation and main- tenance, 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 Re- serve 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 De- fense, 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 pre- pared in conjunction with the Chief of Staff of the Air Force and may be submitted in classified and unclassified versions. (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; Page 3446 TITLE 10—ARMED FORCES § 9039 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; Pub. L. 114–328, div. A, title V, § 502(ll), Dec. 23, 2016, 130 Stat. 2106; Pub. L. 115–91, div. A, title X, § 1051(a)(30), Dec. 12, 2017, 131 Stat. 1562; renum- bered § 9038, Pub. L. 115–232, div. A, title VIII, § 806(c), Aug. 13, 2018, 132 Stat. 1833.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 8038 of this title as this section. 2017—Subsec. (f). Pub. L. 115–91 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 con- siders 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, 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 serv- ing, holds the grade of lieutenant general.’’ 2004—Subsec. (b)(4). Pub. L. 108–375 substituted ‘‘De- cember 31, 2006’’ for ‘‘December 31, 2004’’. 2002—Subsec. (b)(4). Pub. L. 107–314 substituted ‘‘De- cember 31, 2004’’ for ‘‘October 1, 2003’’. 2000—Subsec. (b). Pub. L. 106–398 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘The President, by and with the advice and con- sent 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) gen- erally. 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 gen- eral 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 gen- eral.’’ 1999—Subsec. (c). Pub. L. 106–65 inserted at end ‘‘How- ever, 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)’’ be- fore ‘‘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—Pub. L. 99–433, § 521(a)(2), renumbered section 8019 of this title as this section. Subsec. (a). Pub. L. 99–433, § 522(g)(3), struck out the comma after ‘‘Chief of Staff’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment 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 Amendment 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 7038 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment 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 DATE 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 Effective Date of 1967 Amendment note under section 138 of this title. § 9039. Chief of Chaplains: appointment; duties (a) CHIEF OF CHAPLAINS.—(1) There is a Chief of Chaplains for the Air Force and the Space Force, appointed by the President, by and with the advice and consent of the Senate, from offi- cers of the Air Force designated under section 9067(h) of this title as chaplains who— (A) are serving on active duty; and (B) have served on active duty as a chaplain for at least eight years. (2) An officer appointed as the Chief of Chap- lains shall be appointed for a term of three years. However, the President may terminate or extend the appointment at any time. (3) The Chief of Chaplains shall perform such duties as may be prescribed by the Secretary of the Air Force and by law. (b) SELECTION BOARD.—Under regulations ap- proved by the Secretary of Defense, the Sec- retary of the Air Force, in selecting an officer for recommendation to the President for ap- pointment as the Chief of Chaplains, shall en- sure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to the selec- tion boards convened under chapter 36 of this title. (c) GRADE OF CHIEF OF CHAPLAINS.—The Chief of Chaplains, while so serving, holds the grade of major general. (Added Pub. L. 112–239, div. A, title V, § 508(a), Jan. 2, 2013, 126 Stat. 1716, § 8039; amended Pub. L. 114–328, div. A, title V, § 502(mm), Dec. 23, 2016, 130 Stat. 2106; renumbered § 9039 and amended Pub. L. 115–232, div. A, title V, § 510(c), title VIII, §§ 806(c), 809(a), Aug. 13, 2018, 132 Stat. 1751, 1833, 1840; Pub. L. 116–283, div. A, title IX, § 923(b)(8), Jan. 1, 2021, 134 Stat. 3809.) Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘for the Air Force and the Space Force’’ for ‘‘in the Air Force’’. 2018—Pub. L. 115–232, § 806(c), renumbered section 8039 of this title as this section. Subsec. (a)(1). Pub. L. 115–232, § 809(a), substituted ‘‘section 9067(h)’’ for ‘‘section 8067(h)’’ in introductory provisions. Subsec. (c). Pub. L. 115–232, § 510(c), added subsec. (c).