§ 7038. Office of Army Reserve: appointment of Chief

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1967

   Reserve Forces Bill of Rights and Vitalization Act

   Pub. L. 90–168 § 2(16) · 81 Stat. 521

   Enacted · 10 U.S.C. § 7038

   Added Pub. L. 90–168, § 2(16), Dec. 1, 1967, 81 Stat. 523, § 3019

   Source evidence

   Code source credit
   Added Pub. L. 90–168, § 2(16), Dec. 1, 1967, 81 Stat. 523, § 3019

   Enacted provision · exact public law section
   (16) Chapter 303 is amended by adding at the end thereof a new 70A Stat. 157. section 3019 as follows: “§3019. 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) 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 265 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. “(c) The Chief of Army Deserve 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.”

2. 1986

   Goldwater-Nichols Department of Defense Reorganization Act of 1986

   Pub. L. 99–433 § 501(a)(4) · 100 Stat. 992

   Changed · 10 U.S.C. § 7038

   Pub. L. 99–433, § 501(a)(4), renumbered section 3019 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 99–433, § 501(a)(4), renumbered section 3019 of this title as this section.

   Enacted provision · exact public law section
   (4) Section 3019 is transferred to chapter 305, inserted after section 3037, and redesignated as section 3038.

3. 1986

   Goldwater-Nichols Department of Defense Reorganization Act of 1986

   Pub. L. 99–433 § 502(g)(1) · 100 Stat. 992

   Substituted · 10 U.S.C. § 7038(c)

   Pub. L. 99–433, § 502(g)(1), substituted “service” for “services”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–433, § 502(g)(1), substituted “service” for “services”.

   Enacted provision · exact public law section
   (1) Section 3038 (as redesignated b,Y section 501(a)(4) of this Act) is amended by striking out “services” in subsection (c) and inserting in lieu thereof “service”.

4. 1994

   Reserve Officer Personnel Management Act

   Pub. L. 103–337 div. A title XVI § 1672(c)(1) · 108 Stat. 2663

   Substituted · 10 U.S.C. § 7038(b)

   Pub. L. 103–337 substituted “10211” for “265”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–337 substituted “10211” for “265”.

   Enacted provision · exact public law section
   (1) Section 3038(b) is amended by striking out “section 265” and inserting in lieu thereof “section 10211”.

5. 1996

   Forces Revitalization Act of 1996

   Pub. L. 104–201 div. A title XII § 1212(a) · 110 Stat. 2422

   Added · 10 U.S.C. § 7038(d)(f)

   Pub. L. 104–201 added subsecs. (d) to (f)

   Source evidence

   Code amendment note
   Subsecs. (d) to (f). Pub. L. 104–201 added subsecs. (d) to (f).

   Enacted provision · exact public law section
   (a) Chief of Army Reserve.— Section 3038 of title 10, United States Code, is amended by adding at the end the following new subsections: “(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.”

6. 1999

   Pub. L. 106–65 div. A title V § 554(b) · 113 Stat. 512

   Inserted · 10 U.S.C. § 7038(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (b) Chief of Army Reserve.— Section 3038(c) of title 10, United States Code, is amended by adding at the end the following new sentence: “However, if selected in accordance with section 12505 of this title, he may be appointed in the grade of lieutenant general.”.

7. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Amended · 10 U.S.C. § 7038(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—

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

8. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Amended · 10 U.S.C. § 7038(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

9. 2002

   Pub. L. 107–314 div. A title V § 501(a) · 116 Stat. 2458

   Substituted · 10 U.S.C. § 7038(b)(4)

   Pub. L. 107–314 substituted “December 31, 2004” for “October 1, 2003” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 107–314 substituted “December 31, 2004” for “October 1, 2003” in introductory provisions.

   Enacted provision · exact public law section
   (a) Waiver of Requirement for Significant Joint Duty Experience.— Sections 3038(b)(4), 5143(b)(4), 5144(b)(4), 8038(b)(4), and 10506(a)(3)(D) of title 10, United States Code, are each amended by striking “October 1, 2003” and inserting “December 31, 2004”.

10. 2004

    Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 div. A title V § 536(a) · 118 Stat. 1811

    Substituted · 10 U.S.C. § 7038(b)(4)

    Pub. L. 108–375 substituted “December 31, 2006” for “December 31, 2004” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 108–375 substituted “December 31, 2006” for “December 31, 2004” in introductory provisions.

    Enacted provision · exact public law section
    (a) Extension.— Sections 3038(b)(4), 5143(b)(4), 5144(b)(4), 8038(b)(4), and 10506(a)(3)(D) of title 10, United States Code, are amended by striking “December 31, 2004,” and inserting “December 31, 2006,”.

11. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 div. A title V § 502(m) · 130 Stat. 2000

    1. Struck · 10 U.S.C. § 7038(c)

       Pub. L. 114–328 struck out “; Grade” after “Reappointment” in heading, and in text struck out par. (1) designation before “The Chief of Army Reserve”

    2. Struck · 10 U.S.C. § 7038(c)

       Pub. L. 114–328 struck out par. (2) which read as follows: “The Chief of Army Reserve, while so serving, holds the grade of lieutenant general.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 114–328 struck out “; Grade” after “Reappointment” in heading, and in text struck out par. (1) designation before “The Chief of Army Reserve” and struck out par. (2) which read as follows: “The Chief of Army Reserve, while so serving, holds the grade of lieutenant general.”

    Enacted provision · exact public law section
    (m) Chief of Army Reserve.— Section 3038(c) of title 10, United States Code, is amended— (1) in the subsection heading, by striking “; Grade”; (2) by striking “(1)”; and (3) by striking paragraph (2).

12. 2017

    National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 div. A title X § 1051(a)(28) · 131 Stat. 1283

    1. Struck · 10 U.S.C. § 7038(f)

       Pub. L. 115–91 struck out par. (1) designation before “The Chief of Army Reserve”

    2. Struck · 10 U.S.C. § 7038(f)

       Pub. L. 115–91 struck out par. (2) which read as follows: “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.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 115–91 struck out par. (1) designation before “The Chief of Army Reserve” and struck out par. (2) which read as follows: “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.”

    Enacted provision · exact public law section
    (28) State of the army reserve report.— Section 3038(f) is amended— (A) by striking “(1)” before “The”; and (B) by striking paragraph (2).

13. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII § 808(a) · 132 Stat. 1636

    Changed · 10 U.S.C. § 7038

    Pub. L. 115–232 renumbered section 3038 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232 renumbered section 3038 of this title as this section.

    Enacted provision · exact public law section
    (a) Subtitle B, Part I, Section Numbers.— Each section in part I of subtitle B of title 10, United States Code, is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 4,000.

    Effective date note
    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.

15 of 15 references resolved to an enrolled provision