§5144. Office of Marine Forces Reserve: appointment of Commander
(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.-The President, by and with the advice and consent of the Senate, shall appoint the Commander, Marine Forces Reserve, from officers of the Marine Corps who-
(1) have had at least 10 years of commissioned service;
(2) are in a grade above colonel; and
(3) have been recommended by the Secretary of the Navy.
(c) Term of Office; Grade.-(1) The Commander, Marine Forces Reserve, holds office for a term determined by the Commandant of the Marine Corps, normally four years, but may be removed for cause at any time. He is eligible to succeed himself.
(2) The Commander, Marine Forces Reserve, while so serving, has a grade 1 major general, without vacating the officer's permanent grade. However, if selected in accordance with section 12505 of this title, he may be appointed in the grade of lieutenant general.
(d) Annual Report.-(1) 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.
(2) The Secretary of Defense shall transmit the annual report of the Commander, Marine Forces 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.
(Added
Pub. L. 104–201, div. A, title XII, §1212(c)(1), Sept. 23, 1996, 110 Stat. 2692
; amended
Pub. L. 106–65, div. A, title V, §554(d), Oct. 5, 1999, 113 Stat. 617
.)
Prior Provisions
A prior section 5144, act Aug. 10, 1956, ch. 1041, 70A Stat. 289
, related to appointment and term of Chief of Bureau of Ordnance, and authorized detail of an officer as Deputy Chief of Bureau, prior to repeal by
Pub. L. 86–174, §2(3), Aug. 18, 1959, 73 Stat. 396
, effective July 1, 1960, or any earlier date on which the Secretary of the Navy made a formal finding that all the functions of the Bureau of Aeronautics and the Bureau of Ordnance had been transferred to the Bureau of Naval Weapons or elsewhere.
Amendments
1999-Subsec. (c)(2). Pub. L. 106–65 substituted "major general" for "above brigadier general" and inserted at end "However, if selected in accordance with section 12505 of this title, he may be appointed in the grade of lieutenant general."
Effective Date of 1999 Amendment; Applicability to Incumbents
Amendment 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 an Effective Date note under section 12505 of this title.
Section Referred to in Other Sections
This section is referred to in sections 641, 12505 of this title.