US Code

Public Law 119-87 (04/30/2026)

10 U.S.C. § 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)
section 647 of this title 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 , 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.

Aug. 10, 1956, ch. 1041 70A Stat. 25 Pub. L. 85–861, § 1(10)(C)72 Stat. 1440 Pub. L. 92–129, title VI, § 60185 Stat. 361 Pub. L. 96–513, title V, § 501(7)94 Stat. 2907 Pub. L. 103–337, div. A, title XVI108 Stat. 2965 Pub. L. 104–106, div. A, title XV, § 1501(a)(6)110 Stat. 495 Pub. L. 108–375, div. A, title V, § 501(c)(4)118 Stat. 1874 Pub. L. 111–383, div. A, title X, § 1075(b)(54)124 Stat. 4372 Pub. L. 116–92, div. A, title V, § 501(b)133 Stat. 1343 (, , § 593; , , ; , , ; , , ; renumbered § 12203 and amended , §§ 1632, 1662(c)(2), 1675(b)(1), , , 2990, 3017; , , ; , , ; , , ; , , .)

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.

section 597 of this titleIn subsection (a), the word “alone” is inserted for clarity. The exception as to commissioned warrant officers is inserted to reflect , 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].

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

Editorial Notes

Amendments

Pub. L. 116–922019—Subsec. (b). substituted “the Secretary of Defense” for “the Secretary concerned”.

Pub. L. 111–3832011—Subsec. (a). substituted “of” for “above” in first sentence.

Pub. L. 108–3752004—Subsecs. (b), (c). added subsec. (b) and redesignated former subsec. (b) as (c).

Pub. L. 104–106Pub. L. 103–337, § 16321996—Subsec. (a). made technical correction to directory language of . See 1994 Amendment note below.

Pub. L. 103–337, § 1662(c)(2)section 593 of this title1994—, renumbered as this section.

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

Pub. L. 103–337, § 1632Pub. L. 104–106, as amended by , 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”.

Pub. L. 96–513section 624 of this title1980—Subsec. (a). inserted reference to .

Pub. L. 92–129section 3352 of this title1971—Subsec. (a). 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 “”.

Pub. L. 85–861section 3352 of this title1958—Subsec. (a). inserted “, except as provided in ” after “consent of the Senate”.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

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

Effective Date of 1996 Amendment

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

Effective Date of 1994 Amendment

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

Effective Date of 1980 Amendment

Pub. L. 96–513section 701 of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .

Indefinite Appointments for Certain Reserve Officers

Act Aug. 10, 1956, ch. 1041, § 41 70A Stat. 636

“Each person who was a reserve officer on , 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 , 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.”
, , provided that:

Executive Documents

Delegation of Functions

section 301 of Title 3For 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, , 69 F.R. 58797, set out as a note under , The President.