---
kind: "section"
citation: "10 U.S.C. § 7038"
title: "10"
title_heading: "Armed Forces"
number: "7038"
heading: "Office of Army Reserve: appointment of Chief"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/7038"
units:
  - "Subtitle B — Army"
  - "Part I — Organization"
  - "Chapter 705 — The Army Staff"
---

# §7038. Office of Army Reserve: appointment of Chief

- (a) There is in the [executive part of the Department](/usc/10/101.md?p=a-7) of the Army an Office of the Army [Reserve](/usc/10/101.md?p=c-6) which is headed by a chief who is the adviser to the Chief of Staff on Army [Reserve](/usc/10/101.md?p=c-6) matters.
- (b) **Appointment.—**
  - (1) The President, by and with the advice and consent of the Senate, shall appoint the Chief of Army [Reserve](/usc/10/101.md?p=c-6) from [general officers](/usc/10/101.md?p=b-4) of the Army [Reserve](/usc/10/101.md?p=c-6) who have had at least 10 years of commissioned service in the Army [Reserve](/usc/10/101.md?p=c-6).
  - (2) The [Secretary](/usc/10/7551.md?p=5) of Defense may not recommend an [officer](/usc/10/101.md?p=b-1) to the President for appointment as Chief of Army [Reserve](/usc/10/101.md?p=c-6) unless the [officer](/usc/10/101.md?p=b-1)—
    - (A) is recommended by the [Secretary](/usc/10/7551.md?p=5) 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](/usc/10/101.md?p=b-1) on [active duty](/usc/10/101.md?p=d-1) for service as the Chief of Army [Reserve](/usc/10/101.md?p=c-6) shall be counted for purposes of the [grade](/usc/10/101.md?p=b-7) limitations under sections [525](/usc/10/525.md) and [526](/usc/10/526.md) of this title.
  - (4) Until December 31, 2006, the [Secretary](/usc/10/7551.md?p=5) of Defense may waive [subparagraph (B)](#b-2-B) of paragraph (2) with respect to the appointment of an [officer](/usc/10/101.md?p=b-1) as Chief of Army [Reserve](/usc/10/101.md?p=c-6) if the [Secretary](/usc/10/7551.md?p=5) of the Army requests the waiver and, in the judgment of the [Secretary](/usc/10/7551.md?p=5) of Defense—
    - (A) the [officer](/usc/10/101.md?p=b-1) 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 Army [Reserve](/usc/10/101.md?p=c-6) is appointed for a period of four years, but may be removed for cause at any time. An [officer](/usc/10/101.md?p=b-1) serving as Chief of Army [Reserve](/usc/10/101.md?p=c-6) may be reappointed for one additional four-year period.
- (d) **Budget.—** The Chief of Army [Reserve](/usc/10/101.md?p=c-6) is the official within the [executive part of the Department](/usc/10/101.md?p=a-7) of the Army who, subject to the authority, direction, and control of the [Secretary](/usc/10/7551.md?p=5) 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](/usc/10/101.md?p=c-6). As such, the Chief of Army [Reserve](/usc/10/101.md?p=c-6) is the director and functional manager of appropriations made for the Army [Reserve](/usc/10/101.md?p=c-6) in those areas.
- (e) **Full Time Support Program.—** The Chief of Army [Reserve](/usc/10/101.md?p=c-6) manages, with respect to the Army [Reserve](/usc/10/101.md?p=c-6), the personnel program of the [Department](/usc/10/101.md?p=a-6) of Defense known as the Full Time Support Program.
- (f) **Annual Report.—** The Chief of Army [Reserve](/usc/10/101.md?p=c-6) shall submit to the [Secretary](/usc/10/7551.md?p=5) of Defense, through the [Secretary](/usc/10/7551.md?p=5) of the Army, an annual report on the state of the Army [Reserve](/usc/10/101.md?p=c-6) and the ability of the Army [Reserve](/usc/10/101.md?p=c-6) 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.

## Source credit

(Added Pub. L. 90–168, § 2(16), Dec. 1, 1967, 81 Stat. 523, § 3019; renumbered § 3038 and amended Pub. L. 99–433, title V, §§ 501(a)(4), 502(g)(1), Oct. 1, 1986, 100 Stat. 1034, 1042; Pub. L. 103–337, div. A, title XVI, § 1672(c)(1), Oct. 5, 1994, 108 Stat. 3015; Pub. L. 104–201, div. A, title XII, § 1212(a), Sept. 23, 1996, 110 Stat. 2691; Pub. L. 106–65, div. A, title V, § 554(b), Oct. 5, 1999, 113 Stat. 617; Pub. L. 106–398, § 1 [[div. A], title V, § 507(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–102; 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(m), Dec. 23, 2016, 130 Stat. 2103; Pub. L. 115–91, div. A, title X, § 1051(a)(28), Dec. 12, 2017, 131 Stat. 1562; renumbered § 7038, Pub. L. 115–232, div. A, title VIII, § 808(a), Aug. 13, 2018, 132 Stat. 1838.)

## Notes

### Editorial Notes

### Prior Provisions

Prior sections 7041 to 7046 were renumbered sections 8541 to 8546 of this title.

A prior section 7047 was renumbered section 8547 of this title.

Another prior section 7047 was renumbered section 8548 of this title.

Prior sections 7048 to 7050 were renumbered sections 8548 to 8550 of this title.

### Amendments

2018—Pub. L. 115–232 renumbered section 3038 of this title as this section.

2017—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.”

2016—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.”

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

2002—Subsec. (b)(4). Pub. L. 107–314 substituted “December 31, 2004” for “October 1, 2003” in introductory provisions.

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, § 501(a)(4), renumbered section 3019 of this title as this section.

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

### 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

Pub. L. 106–65, div. A, title V, § 554(g), (h), Oct. 5, 1999, 113 Stat. 617, provided that: 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]. Applicability to Incumbents.— 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. For purposes of this subsection: 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. 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.