10 U.S.C. § 12203 — Commissioned officers: appointment, how made; term

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 143 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law says who appoints reserve military officers. The President alone appoints lower ranks; the Senate must confirm higher ranks. These appointments last indefinitely, at the President's discretion.

This section has three lettered parts, (a) through (c).

(a) The President alone appoints reserve officers in the commissioned grades of lieutenant colonel or commander and below (not counting commissioned warrant officers). For grades above lieutenant colonel or commander, the President makes the appointment, but the Senate must also give its advice and consent -- except in the situations covered by sections 624, 12213, or 12214 of this title.

(b) Under the President's authority, the Secretary of Defense can appoint a reserve commissioned officer without following subsection (a)'s process, but only for a regular officer who is being transferred from the active-duty list to a reserve active-status list under section 647.

(c) Appointments to reserve commissioned grades don't have a fixed end date. They last for as long as the President chooses to keep the officer appointed.

the actual law source: uscode.house.gov ↗public domain

(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 of Defense 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 credit: (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; Pub. L. 116–92, div. A, title V, § 501(b), Dec. 20, 2019, 133 Stat. 1343.)

history & why it existsrecord from the source credit

1956Enacted · Act of Aug. 10, 1956, ch. 1041
1958Amended · Pub. L. 85-861 · 72 Stat. 1440
1971Amended · Pub. L. 92-129 · 85 Stat. 361
1980Amended · Pub. L. 96-513 · 94 Stat. 2907
1994Amended · Pub. L. 103-337 · 108 Stat. 2965, 2990, 3017
1996Amended · Pub. L. 104-106 · 110 Stat. 495
2004Amended · Pub. L. 108-375 · 118 Stat. 1874
2011Amended · Pub. L. 111-383 · 124 Stat. 4372
2019Amended · Pub. L. 116-92 · 133 Stat. 1343

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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