# § 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)** 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.)
| 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 , 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.
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 593(a) | [No source]. | [No source]. |
The exception is inserted to reflect , United States Code.
## Editorial Notes
### Amendments
2019—Subsec. (b). substituted “the Secretary of Defense” for “the Secretary concerned”.
2011—Subsec. (a). substituted “of” for “above” in first sentence.
2004—Subsecs. (b), (c). added subsec. (b) and redesignated former subsec. (b) as (c).
1996—Subsec. (a). made technical correction to directory language of . See 1994 Amendment note below.
1994—, renumbered as this section.
Subsec. (a). , substituted “12213, or 12214” for “3352, or 8352”.
, 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”.
1980—Subsec. (a). inserted reference to .
1971—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 “”.
1958—Subsec. (a). inserted “, except as provided in ” after “consent of the Senate”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2004 Amendment
Amendment 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
Amendment 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
Amendment 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
Amendment by effective , see , set out as a note under .
### Indefinite Appointments for Certain Reserve Officers
> “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
For 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.