
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: 10USC5144]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                          PART I--ORGANIZATION
 
       CHAPTER 513--BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL
 
Sec. 5144. Office of Marine Forces Reserve: appointment of 
        Commander
        
    (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 (as defined in 
section 5001(2)) 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 October 1, 2003, 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; Grade.--(1) The Commander, Marine Forces 
Reserve, is appointed for a term determined by the Commandant of the 
Marine Corps, normally four years, but may be removed for cause at any 
time. An officer serving as Commander, Marine Forces Reserve, may be 
reappointed for one additional term of up to four years.
    (2) The Commander, Marine Forces Reserve, while so serving, holds 
the grade of lieutenant general.
    (d) Annual Report.--(1) The Commander, Marine Forces Reserve, shall 
submit to the Secretary of Defense, through the Secretary of the Navy, 
an annual report on the state of the Marine Corps Reserve and the 
ability of the Marine Corps Reserve to meet its missions. The report 
shall be prepared in conjunction with the Commandant of the Marine Corps 
and may be submitted in classified and unclassified versions.
    (2) The Secretary of Defense shall transmit the annual report of the 
Commander, Marine Forces 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. 104-201, div. A, title XII, Sec. 1212(c)(1), Sept. 23, 
1996, 110 Stat. 2692; amended Pub. L. 106-65, div. A, title V, 
Sec. 554(d), Oct. 5, 1999, 113 Stat. 617; Pub. L. 106-398, Sec. 1 [[div. 
A], title V, Sec. 507(c), title X, Sec. 1087(a)(19)], Oct. 30, 2000, 114 
Stat. 1654, 1654A-103, 1654A-291.)


                            Prior Provisions

    A prior section 5144, act Aug. 10, 1956, ch. 1041, 70A Stat. 289, 
related to appointment and term of Chief of Bureau of Ordnance, and 
authorized detail of an officer as Deputy Chief of Bureau, prior to 
repeal by Pub. L. 86-174, Sec. 2(3), Aug. 18, 1959, 73 Stat. 396, 
effective July 1, 1960, or any earlier date on which the Secretary of 
the Navy made a formal finding that all the functions of the Bureau of 
Aeronautics and the Bureau of Ordnance had been transferred to the 
Bureau of Naval Weapons or elsewhere.


                               Amendments

    2000--Subsec. (b). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 507(c)], amended heading and text of subsec. (b) generally. Prior 
to amendment, text read as follows: ``The President, by and with the 
advice and consent of the Senate, shall appoint the Commander, Marine 
Forces Reserve, from officers of the Marine Corps who--
        ``(1) have had at least 10 years of commissioned service;
        ``(2) are in a grade above colonel; and
        ``(3) have been recommended by the Secretary of the Navy.''
    Subsec. (c). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 507(c)], amended heading and text of subsec. (c) generally. Prior 
to amendment, subsec. (c) read as follows:
    ``(c) Term of Office; Grade.--(1) The Commander, Marine Forces 
Reserve, holds office for a term determined by the Commandant of the 
Marine Corps, normally four years, but may be removed for cause at any 
time. He is eligible to succeed himself.
    ``(2) The Commander, Marine Forces Reserve, while so serving, has 
the grade of major general, without vacating the officer's permanent 
grade. However, if selected in accordance with section 12505 of this 
title, he may be appointed in the grade of lieutenant general.''
    Subsec. (c)(2). Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(a)(19)], substituted ``has the grade of'' for ``has a grade''.
    1999--Subsec. (c)(2). Pub. L. 106-65 substituted ``major general'' 
for ``above brigadier general'' and inserted at end ``However, if 
selected in accordance with section 12505 of this title, he may be 
appointed in the grade of lieutenant general.''


      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 3038 of this title.

                  Section Referred to in Other Sections

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