Page:United States Statutes at Large Volume 114 Part 3.djvu/146

 114 STAT. 1654A-104 PUBLIC LAW 106-398—APPENDIX 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) CHIEF OF AIR FORCE RESERVE. —Subsections (b) and (c) of section 8038 of such title are amended to read as follows: "(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.

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