§12203 Commissioned officers: appointment, how made; term

1956 Act Revised sectionSource (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 sectionSource (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.

2019—Subsec. (b). Pub. L. 116–92 substituted “the Secretary of Defense” for “the Secretary concerned”. 2011—Subsec. (a). Pub. L. 111–383 substituted “of” for “above” in first sentence. 2004—Subsecs. (b), (c). Pub. L. 108–375 added subsec. (b) and redesignated former subsec. (b) as (c). 1996—Subsec. (a). Pub. L. 104–106 made 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. 96–513 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”.

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

of 1996 AmendmentAmendment 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.

of 1994 AmendmentAmendment by section 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.

Delegation of Functions For assignment of functions of President under first sentence of subsec. (a) of this section, see section 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.