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10 U.S.C. § 12213 — Officers; Army Reserve: transfer from Army National Guard of the United States
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under such regulations as the Secretary of the Army may prescribe, and with the consent of the governor or other appropriate authority of the State concerned, an officer of the Army National Guard of the United States may be transferred in grade to the Army Reserve.
**(b)** Unless discharged from his appointment as a Reserve, an officer of the Army National Guard of the United States whose Federal recognition as a member of the Army National Guard is withdrawn becomes a member of the Army Reserve. An officer who so becomes a member of the Army Reserve ceases to be a member of the Army National Guard of the United States.
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Stable record: federal_law:legal_authorities:record_usc_736d5bc31c2a745c3a104648
Source file: Laws/federal/codes/united-states-code/title-10/section-12213-officers-army-reserve-transfer-from-army-national-guard-of-the-united-st--0d8fa62617.md
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Passage SHA-256: 2680b58ed370255bdfb1963d32b8e47acaa6f24713d8450acc1bbdbeef7c67b9
Source location: Title 10, Chapter 1205, § 12213; chapter-1205-appointment-of-reserve-officers.md
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**(a)** Under such regulations as the Secretary of the Army may prescribe, and with the consent of the governor or other appropriate authority of the State concerned, an officer of the Army National Guard of the United States may be transferred in grade to the Army Reserve.
**(b)** Unless discharged from his appointment as a Reserve, an officer of the Army National Guard of the United States whose Federal recognition as a member of the Army National Guard is withdrawn becomes a member of the Army Reserve. An officer who so becomes a member of the Army Reserve ceases to be a member of the Army National Guard of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section647&num=0&edition=prelim), 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: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12203
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(2) A person may not be appointed as Secretary of Defense—
(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or
(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.
**(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense.
**(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—
(1) a report from each military department on the expenditures, work, and accomplishments of that department;
(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and
(3) such recommendations as he considers appropriate.
**(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 113
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1251, act Sept. 3, 1954, ch. 1257, title III, § 319, 68 Stat. 1160, related to examination for Federal recognition upon unit vacancy promotion. See [section 309 of Title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section309&num=0&edition=prelim), National Guard.
Section 1252, act Sept. 3, 1954, ch. 1257, title III, § 320, 68 Stat. 1160, related to extension of automatic Federal recognition to higher grade. See [section 310 of Title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section310&num=0&edition=prelim).
Section 1253, act Sept. 3, 1954, ch. 1257, title III, § 321, 68 Stat. 1160, provided for promotion to higher grade upon recognition. See [section 14308(f) of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14308/f&num=0&edition=prelim), Armed Forces.
Section 1254, act Sept. 3, 1954, ch. 1257, title III, § 322, 68 Stat. 1161, provided for promotion upon transfer to Army Reserve. See [section 12213 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12213&num=0&edition=prelim).
Section 1255, act Sept. 3, 1954, ch. 1257, title III, § 323, 68 Stat. 1161, provided for appointment of adjutants general and assistant adjutants general as Reserve officers. See [section 12215(a) of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12215/a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1251 to 1255
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Federal law — U.S. Code and appendices · legal_authorities
Page 3654
TITLE 10—ARMED FORCES
§ 12212
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
3351(a) .....
3351(b) .....
3351(c) .....
50:1113 (less (a)).
50:1115(a) (last 39 words).
50:1114 (2d sentence).
50:1123 (less (a)).
July 9, 1952, ch. 608, §§ 703
(less (a)), 704 (2d sen-
tence), 705(a) (last 39
words), 713 (less (a)), 66
Stat. 502–504.
In subsection (a), the words ‘‘as a Reserve’’ are sub-
stituted for the words ‘‘as Reserve officers of the appro-
priate Armed Force of the United States’’ and ‘‘as a Re-
serve officer of the Armed Force of the United States
concerned’’, in 50:1113(b). The words ‘‘federally recog-
nized appointments’’ and ‘‘in the same grade and
branch’’, in 50:1113(b), are omitted as surplusage. The
words ‘‘those officers who do not hold appointments as
Reserve officers of the appropriate Armed Force of the
United States’’, in 50:1113(b), are omitted as covered by
the second sentence of the revised subsection.
In subsection (c), the words ‘‘active duty’’ are sub-
stituted for the words ‘‘active military service of the
United States’’. The words ‘‘and branch’’ are omitted as
surplusage. The words ‘‘of the Army National Guard of
the United States’’ are inserted for clarity.
Editorial Notes
AMENDMENTS
1996—Pub. L. 104–106 inserted ‘‘the’’ after ‘‘National
Guard of’’ in section catchline.
1994—Pub. L. 103–337 renumbered section 3351 of this
title as this section.
Statutory Notes and Related Subsidiaries
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 thi
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12213
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