§12203 . Commissioned officers: appointment, how made; term

(a) Appointments of Reserves in commissioned grades below lieutenant colonel and commander, except commissioned warrant officer, shall be made by the President alone. Appointments of Reserves in commissioned grades above major and lieutenant 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) Appointments of Reserves in commissioned grades are for an indefinite term and are held during the pleasure of the President.

(Aug. 10, 1956, ch. 1041, 70A Stat. 25 , §593; Sept. 2, 1958, Pub. L. 85–861, §1(10)(C), 72 Stat. 1440 ; Sept. 28, 1971, Pub. L. 92–129, title VI, §601, 85 Stat. 361 ; Dec. 12, 1980, Pub. L. 96–513, title V, §501(7), 94 Stat. 2907 ; renumbered §12203 and amended Oct. 5, 1994, Pub. L. 103–337, div. A, title XVI, §§1632, 1662(c)(2), 1675(b)(1), 108 Stat. 2965 , 2990, 3017.)

Amendment of Subsection (a)

Pub. L. 103–337, div. A, title XVI, §§1632, 1691(b)(1), Oct. 5, 1994, 108 Stat. 2965 , 3026, provided that, effective Oct. 1, 1996, subsection (a) of this section is amended-

(1) in the first sentence, by striking out "Reserves in commissioned grades below lieutenant colonel and commander" and inserting in lieu thereof "reserve officers in commissioned grades of lieutenant colonel and commander or below"; and

(2) in the second sentence, by striking out "Reserves in commissioned grades above major and lieutenant commander" and inserting in lieu thereof "reserve officers in commissioned grades above lieutenant colonel and commander".

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

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".

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

1971-Subsec. (a). Pub. L. 92–129 substituted "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. 85–861 inserted ", except as provided in section 3352 of this title" after "consent of the Senate".

Effective Date of 1994 Amendment

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

Effective Date of 1980 Amendment

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

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."

Cross References

Coast Guard Reserve officers, appointment as prescribed in this section, see section 271 of Title 14, Coast Guard.

Reserve warrant officers, appointment, see section 12241 of this title.

Section Referred to in Other Sections

This section is referred to in sections 12213, 14308 of this title; title 14 section 271.