10 U.S.C. § 9038
Any such waiver shall be made on a case-by-case basis.
10 U.S.C. § 9038
EDITORIAL NOTES
AMENDMENTS2018- Pub. L. 115-232 renumbered section 8038 of this title as this section. 2017-Subsec. (f). Pub. L. 115-91 struck out par. (1) designation before "The Chief" and struck out par. (2) which read as follows: "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." 2016-Subsec. (c). Pub. L. 114-328, in heading, struck out ";Grade" after "Reappointment", and in text, struck out par. (1) designation before "The Chief of Air Force Reserve" and struck out par. (2) which read as follows: "The Chief of Air Force 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". 2002-Subsec. (b)(4). Pub. L. 107-314 substituted "December 31, 2004" for "October 1, 2003". 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-Pub. L. 99-433, §521(a)(2), renumbered section 8019 of this title as this section. Subsec. (a). Pub. L. 99-433, §522(g)(3), struck out the comma after "Chief of Staff".
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 INCUMBENTSAmendment 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 7038 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 DATESection 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.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- executive part of the department
- The term "executive part of the department" means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- officer
- The term "officer" means a commissioned or warrant officer.