
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12203]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
              CHAPTER 1205--APPOINTMENT OF RESERVE OFFICERS
 
Sec. 12203. Commissioned officers: appointment, how made; term

    (a) Appointments of reserve officers in commissioned grades above 
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) 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, Sec. 593; Pub. L. 85-861, 
Sec. 1(10)(C), Sept. 2, 1958, 72 Stat. 1440; Pub. L. 92-129, title VI, 
Sec. 601, Sept. 28, 1971, 85 Stat. 361; Pub. L. 96-513, title V, 
Sec. 501(7), Dec. 12, 1980, 94 Stat. 2907; renumbered Sec. 12203 and 
amended Pub. L. 103-337, div. A, title XVI, Secs. 1632, 1662(c)(2), 
1675(b)(1), Oct. 5, 1994, 108 Stat. 2965, 2990, 3017; Pub. L. 104-106, 
div. A, title XV, Sec. 1501(a)(6), Feb. 10, 1996, 110 Stat. 495.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
593(a)................................  50:942.                              Ju
ly 9, 1952, ch. 608, Secs.  218,
                                        50:943.                               2
19, 221, 224 (less 3d and 4th
593(b)................................  50:945.                               s
entences, as applicable to
                                        50:948 (less 3d and 4th sentences,    c
ommissioned officers), 66 Stat.
                                         as applicable to commissioned        4
87.
                                         officers).
-------------------------------------------------------------------------------
---------------------------------

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

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


                               Amendments

    1996--Subsec. (a). Pub. L. 104-106 made technical correction to 
directory language of Pub. L. 103-337, Sec. 1632. See 1994 Amendment 
note below.
    1994--Pub. L. 103-337, Sec. 1662(c)(2), renumbered section 593 of 
this title as this section.
    Subsec. (a). Pub. L. 103-337, Sec. 1675(b), substituted ``12213, or 
12214'' for ``3352, or 8352''.
    Pub. L. 103-337, Sec. 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. 96-513 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 1996 Amendment

    Amendment by Pub. L. 104-106 effective 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) of Pub. 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) 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.''

                  Section Referred to in Other Sections

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