
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC3038]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                          PART I--ORGANIZATION
 
                       CHAPTER 305--THE ARMY STAFF
 
Sec. 3038. 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 October 1, 2003, 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; Grade.--(1) 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.
    (2) The Chief of Army Reserve, while so serving, holds the grade of 
lieutenant general.
    (d) Budget.--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) Full Time Support Program.--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) Annual Report.--(1) 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.
    (2) 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.

(Added Pub. L. 90-168, Sec. 2(16), Dec. 1, 1967, 81 Stat. 523, 
Sec. 3019; renumbered Sec. 3038 and amended Pub. L. 99-433, title V, 
Secs. 501(a)(4), 502(g)(1), Oct. 1, 1986, 100 Stat. 1034, 1042; Pub. L. 
103-337, div. A, title XVI, Sec. 1672(c)(1), Oct. 5, 1994, 108 Stat. 
3015; Pub. L. 104-201, div. A, title XII, Sec. 1212(a), Sept. 23, 1996, 
110 Stat. 2691; Pub. L. 106-65, div. A, title V, Sec. 554(b), Oct. 5, 
1999, 113 Stat. 617; Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 507(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-102.)


                            Prior Provisions

    A prior section 3038, act Aug. 10, 1956, ch. 1041, 70A Stat. 164, 
charged Chief of Engineers with responsibility for Army construction, 
real estate acquisition and management, and the operation of water, gas, 
electric, and sewer utilities, prior to repeal by Pub. L. 89-718, 
Sec. 25(a), Nov. 2, 1966, 80 Stat. 1119.


                               Amendments

    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, Sec. 501(a)(4), renumbered section 3019 of 
this title as this section.
    Subsec. (c). Pub. L. 99-433, Sec. 502(g)(1), substituted ``service'' 
for ``services''.


      Effective Date of 1999 Amendment; Applicability to Incumbents

    Pub. L. 106-65, div. A, title V, Sec. 554(g), (h), Oct. 5, 1999, 113 
Stat. 617, provided that:
    ``(g) Effective Date.--The amendments made by this section [enacting 
section 12505 of this title and amending this section and sections 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 effective date 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).''


                    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.

                  Section Referred to in Other Sections

    This section is referred to in section 641 of this title.
