10 U.S.C. § 8084
Any such waiver shall be made on a case-by-case basis.
10 U.S.C. § 8084
EDITORIAL NOTES
PRIOR PROVISIONSA prior section 8084 was renumbered section 9084 of this title.
AMENDMENTS2019-Subsec. (b)(1). Pub. L. 116-92 substituted "general officers of the Marine Corps Reserve" for "general officers of the Marine Corps (as defined in section 8001(2))".2018- Pub. L. 115-232, §807(a)(2), renumbered section 5144 of this title as this section.Subsec. (b)(1). Pub. L. 115-232, §809(a), substituted "section 8001(2)" for "section 5001(2)". 2017-Subsec. (d). Pub. L. 115-91 struck out par. (1) designation before "The Commander," and struck out par. (2) which read as follows: "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."2016-Subsec. (c). Pub. L. 114-328, in heading, struck out ";Grade" after "Reappointment", and in text, struck out par. (1) designation before "The Commander, Marine Forces Reserve," and struck out par. (2) which read as follows: "The Commander, Marine Forces 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, §1 [[div. A], title V, §507(c)], amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: "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."Subsec. (c). Pub. L. 106-398, §1 [[div. A], title V, §507(c)], amended heading and text of subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "(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 the grade of 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."Subsec. (c)(2). Pub. L. 106-398, §1 [[div. A], title X, §1087(a)(19)], substituted "has the grade of" for "has a grade".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."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116-92, div. A, title V, §514(b), Dec. 20, 2019, 133 Stat. 1349, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on the date that is one year after the date of the enactment of this Act [Dec. 20, 2019] and shall apply to appointments made after such date."
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.
- 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.