§ 8084. Office of Marine Forces Reserve: appointment of Commander

1,207 words·~5 min read·/usc/title-10/section-8084

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(a)Establishment of Office; Commander, Marine Forces Reserve.— There is in the executive part of the Department of the Navy an Office of the Marine Forces Reserve, which is headed by the Commander, Marine Forces Reserve. The Commander, Marine Forces Reserve, is the principal adviser to the Commandant on Marine Forces Reserve matters.

(b)Appointment.—

(1)The President, by and with the advice and consent of the Senate, shall appoint the Commander, Marine Forces Reserve, from general officers of the Marine Corps Reserve 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 December 31, 2006, 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.— 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.

(d)Annual Report.— The Commander, Marine Forces Reserve, shall submit to the Secretary of Defense, through the Secretary of the Navy, an annual report on the state of the Marine Corps Reserve and the ability of the Marine Corps Reserve to meet its missions. The report shall be prepared in conjunction with the Commandant of the Marine Corps and may be submitted in classified and unclassified versions.

(Added Pub. L. 104–201, div. A, title XII, § 1212(c)(1), Sept. 23, 1996, 110 Stat. 2692, § 5144; amended Pub. L. 106–65, div. A, title V, § 554(d), Oct. 5, 1999, 113 Stat. 617; Pub. L. 106–398, § 1 [[div. A], title V, § 507(c), title X, § 1087(a)(19)], Oct. 30, 2000, 114 Stat. 1654, 1654A–103, 1654A–291; 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(ee), Dec. 23, 2016, 130 Stat. 2105;

Pub. L. 115–91, div. A, title X, § 1051(a)(29), Dec. 12, 2017, 131 Stat. 1562; renumbered § 8084 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(a)(2), 809(a), Aug. 13, 2018, 132 Stat. 1834, 1840; Pub. L. 116–92, div. A, title V, § 514(a), Dec. 20, 2019, 133 Stat. 1349.)

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