
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: 10USC8038]

 
                         TITLE 10--ARMED FORCES
 
                          Subtitle D--Air Force
 
                          PART I--ORGANIZATION
 
                       CHAPTER 805--THE AIR STAFF
 
Sec. 8038. Office of Air Force Reserve: appointment of Chief

    (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 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 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; Grade.--(1) 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.
    (2) The Chief of Air Force Reserve, while so serving, holds the 
grade of lieutenant general.
    (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.--(1) 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.
    (2) 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 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(19), Dec. 1, 1967, 81 Stat. 524, 
Sec. 8019; renumbered Sec. 8038 and amended Pub. L. 99-433, title V, 
Secs. 521(a)(2), 522(g)(3), Oct. 1, 1986, 100 Stat. 1055, 1063; Pub. L. 
103-337, div. A, title XVI, Sec. 1674(c)(1), Oct. 5, 1994, 108 Stat. 
3016; Pub. L. 104-201, div. A, title XII, Sec. 1212(d), Sept. 23, 1996, 
110 Stat. 2693; Pub. L. 105-85, div. A, title X, Sec. 1073(a)(65), Nov. 
18, 1997, 111 Stat. 1904; Pub. L. 106-65, div. A, title V, Sec. 554(e), 
Oct. 5, 1999, 113 Stat. 617; Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 507(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A-104.)


                               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 
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) generally. 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 general 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 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.''
    1997--Subsec. (e). Pub. L. 105-85 struck out ``(1)'' before ``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--Subsec. (a). Pub. L. 99-433, Sec. 522(g)(3), struck out the 
comma after ``Chief of Staff''.


      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.


                    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.
