10 USC § 12203 - Commissioned officers: appointment, how made; term

(a) Appointments of reserve officers in commissioned grades of lieutenant colonel and commander or below, except commissioned warrant officer, shall be made by the President alone. Appointments of reserve officers in commissioned grades above lieutenant colonel and commander shall be made by the President, by and with the advice and consent of the Senate, except as provided in section 624, 12213, or 12214 of this title.

(b) Subject to the authority, direction, and control of the President, the Secretary concerned may appoint as a reserve commissioned officer any regular officer transferred from the active-duty list of an armed force to the reserve active-status list of a reserve component under section 647 of this title, notwithstanding the requirements of subsection (a).

(c) Appointments of Reserves in commissioned grades are for an indefinite term and are held during the pleasure of the President.

Source

(Aug. 10, 1956, ch. 1041, 70A Stat. 25, § 593; Pub. L. 85–861, § 1(10)(C),Sept. 2, 1958, 72 Stat. 1440; Pub. L. 92–129, title VI, § 601,Sept. 28, 1971, 85 Stat. 361; Pub. L. 96–513, title V, § 501(7),Dec. 12, 1980, 94 Stat. 2907; renumbered § 12203 and amended Pub. L. 103–337, div. A, title XVI, §§ 1632, 1662(c)(2), 1675(b)(1),Oct. 5, 1994, 108 Stat. 2965, 2990, 3017; Pub. L. 104–106, div. A, title XV, § 1501(a)(6),Feb. 10, 1996, 110 Stat. 495; Pub. L. 108–375, div. A, title V, § 501(c)(4),Oct. 28, 2004, 118 Stat. 1874; Pub. L. 111–383, div. A, title X, § 1075(b)(54),Jan. 7, 2011, 124 Stat. 4372.)

Historical and Revision Notes

1956 Act

Revised section	Source (U.S. Code)	Source (Statutes at Large)
593(a)
593(b)	50:942.
50:943.
50:945.
50:948 (less 3d and 4th sentences, as applicable to commissioned officers).	July 9, 1952, ch. 608, §§ 218, 219, 221, 224 (less 3d and 4th sentences, as applicable to commissioned officers), 66 Stat. 487.

In subsection (a), the word “alone” is inserted for clarity. The exception as to commissioned warrant officers is inserted to reflect section 597 of this title, since reserve chief warrant officers of the Navy, Marine Corps, and Coast Guard are appointed by commission by the Secretary concerned.

In subsection (b), 50:948 (2d and last sentences) is omitted as executed.

1958 Act

Revised section	Source (U.S. Code)	Source (Statutes at Large)
593(a)	[No source].	[No source].

The exception is inserted to reflect section 3352 (b) of title 10, United States Code.

Amendments

2011—Subsec. (a). Pub. L. 111–383substituted “of” for “above” in first sentence.

2004—Subsecs. (b), (c). Pub. L. 108–375added subsec. (b) and redesignated former subsec. (b) as (c).

1996—Subsec. (a). Pub. L. 104–106made technical correction to directory language of Pub. L. 103–337, § 1632. See 1994 Amendment note below.

1994—Pub. L. 103–337, § 1662(c)(2), renumbered section 593 of this title as this section.

Subsec. (a). Pub. L. 103–337, § 1675(b), substituted “12213, or 12214” for “3352, or 8352”.

Pub. L. 103–337, § 1632, as amended by Pub. L. 104–106, substituted “reserve officers in commissioned grades of lieutenant colonel and commander or below” for “Reserves in commissioned grades below lieutenant colonel and commander” and “reserve officers in commissioned grades above lieutenant colonel and commander” for “Reserves in commissioned grades above major and lieutenant commander”.

1980—Subsec. (a). Pub. L. 96–513inserted reference to section 624 of this title.

1971—Subsec. (a). Pub. L. 92–129substituted “below lieutenant colonel and commander” for “below general officer and flag officer”, “in commissioned grades above major and lieutenant commander” for “as general and flag officers”, and “section 3352 or 8352 of this title” for “section 3352 of this title”.

1958—Subsec. (a). Pub. L. 85–861inserted “, except as provided in section 3352 of this title” after “consent of the Senate”.

Effective Date of 2004 Amendment

Amendment by Pub. L. 108–375effective on the first day of the first month beginning more than 180 days after Oct. 28, 2004, see section 501(g) ofPub. L. 108–375, set out as a note under section 531 of this title.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) ofPub. L. 104–106, set out as a note under section 113 of this title.

Effective Date of 1994 Amendment

Amendment by sections 1662(c)(2) and 1675(b)(1) ofPub. L. 103–337effective Dec. 1, 1994, except as otherwise provided, and amendment by section 1632 ofPub. L. 103–337effective Oct. 1, 1996, see section 1691 ofPub. L. 103–337, set out as a note under section 10001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513effective Sept. 15, 1981, see section 701 ofPub. L. 96–513, set out as a note under section 101 of this title.

Delegation of Functions

For assignment of functions of President under first sentence of subsec. (a) of this section, see sections 1(b) and 2(b) of Ex. Ord. No. 13358, Sept. 28, 2004, 69 F.R. 58797, set out as a note under section 301 of Title 3, The President.

Indefinite Appointments for Certain Reserve Officers

Section 41 of act Aug. 10, 1956, provided that: “Each person who was a reserve officer on July 9, 1952, and who did not hold an appointment for an indefinite term on that date, shall be given an appointment for an indefinite term in place of the appointment he then held, if after written notification by competent authority before July 2, 1953, the officer agrees in writing to have that appointment continued for an indefinite term. In the event such officer does not agree in writing, the term of his current appointment shall not be changed by this section.”