§ 12213. Officers; Army Reserve: transfer from Army National Guard of the United States

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 194, § 3352 · 70A Stat. 194

   Enacted · 10 U.S.C. § 12213

   Aug. 10, 1956, ch. 1041, 70A Stat. 194, § 3352

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 194, § 3352

2. 1958

   Pub. L. 85–861 § 1(80)(A) · 72 Stat. 1437

   Substituted · 10 U.S.C. § 12213(a)

   Pub. L. 85–861 substituted “Notwithstanding any other provision of this chapter or section 593 of this title, an officer who is transferred under this section shall be advanced to the highest regular or reserve grade ever held by him in the Army, unless the Secretary determines that it is not in the best interests of the service” for “Upon transfer, he is eligible for promotion to the highest regular or reserve grade ever held by him in the Army, if his service has been honorable”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 85–861 substituted “Notwithstanding any other provision of this chapter or section 593 of this title, an officer who is transferred under this section shall be advanced to the highest regular or reserve grade ever held by him in the Army, unless the Secretary determines that it is not in the best interests of the service” for “Upon transfer, he is eligible for promotion to the highest regular or reserve grade ever held by him in the Army, if his service has been honorable”.

   Enacted provision · exact public law section
   (1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”

3. 1960

   Pub. L. 86–559 § 1(7) · 74 Stat. 264

   Changed · 10 U.S.C. § 12213(a)

   Pub. L. 86–559 authorized officers transferred under this section to be advanced to the highest temporary grade ever held in the Army

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 86–559 authorized officers transferred under this section to be advanced to the highest temporary grade ever held in the Army.

   Enacted provision · exact public law section
   (1) Section 123(a) is amended to read as follows: “(a) In time of war, or of national emergency declared by Congress, the President may suspend the operation of any provision of the following sections of this title with respect to any armed force: 281, 592, 1002, 1005, 1006, 1007, 1374, 3217, 3218, 3219, 3220, 3352(a) (last sentence), 3353, 3354, 3359, 3360, 3362, 3363, 3364, 3365, 3366, 3367, 3368, 3369, 3370, 3371, 3375, 3378, 3380, 3382, 3383, 3384, 3385, 3386, 3388, 3389, 3390, 3391, 3392, 3393, 3494, 3571, 3819, 3820(c), 3843, 3844, 3845, 3846, 3847, 3848, 3850, 3851, 3852, 3853, 3854, 3855, 5414, 5457, 5458, 5506, 5600, 5665, 5867, 5891, 5892, 5893, 5894, 5895, 5896, 5897, 5898, 5899, 5900, 5901, 5902, 5903, 5904, 5905, 5906, 5907, 5908, 5909, 5910, 5911, 6389, 6391, 6397, 6403, 6410, 8217, 8218, 8219, 8353, 8354, 8358, 8359, 8360, 8361, 8362, 8363, 8365, 8366, 8367, 8368, 8370, 8371, 8372, 8373, 8374, 8375, 8376, 8377, 8378, 8379, 8380, 8381, 8392, 8393, 8494, 8571, 8819, 8843, 8844, 8845, 8846, 8847, 8848, 8850, 8851, 8852, 8853, and 8855.”

4. 1988

   National Defense Authorization Act, Fiscal Year 1989

   Pub. L. 100–456 div. A title XII § 1234(a)(1) · 102 Stat. 1918

   Struck · 10 U.S.C. § 12213(a)

   Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”.

   Enacted provision · exact public law section
   (1) Sections 101(3), 101(10), 101(12), 269(g), 281, 594(b), 672(d), 771a(c), 802(a)(11), 802(a)(12), 936(a), 1002(c), 3040(a), 3218, 3225, 3259, 3352(a), 3363(b), 3390(a), 3392, 3500 (first sentence), 3501(a), 3501(b), 3845, 3848(c)(1), 3851(a), 3851(d)(1), 3852(a), 4301(c), 8218, 8225, 8259, 8352(a), 8360(b), 8363(a), 8381(a), 8392, 8500 (first sentence), 8501(a), 8501(b), 8845, 8851(a), 8852(a), and 9301(c) are each amended by striking out “the Canal Zone,” each place it appears.

5. 1994

   Reserve Officer Personnel Management Act

   Pub. L. 103–337 § 1662(c)(3) · 108 Stat. 2663

   Changed · 10 U.S.C. § 12213

   Pub. L. 103–337, § 1662(c)(3), renumbered section 3352 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 103–337, § 1662(c)(3), renumbered section 3352 of this title as this section.

   Enacted provision · exact public law section
   (C) by striking out footnote 2 to the table and redesignating footnotes 3 and 4 as footnotes 2 and 3, respectively; and

   Effective date note
   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 this title.

6. 1994

   Reserve Officer Personnel Management Act

   Pub. L. 103–337 § 1675(b) · 108 Stat. 2663

   Struck · 10 U.S.C. § 12213(a)

   Pub. L. 103–337, § 1675(b), struck out “or Territory, Puerto Rico, or the District of Columbia, whichever is” after “authority of the State”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–337, § 1675(b), struck out “or Territory, Puerto Rico, or the District of Columbia, whichever is” after “authority of the State”.

   Enacted provision · exact public law section
   (b) Chapter 1205.— Sections of chapter 1205 (as transferred and redesignated by section 1662(c)(2)) are amended as follows: (1) Section 12203 is amended by striking out “3352, or 8352” in subsection (a) and inserting in lieu thereof “12213, or 12214”. (2) Sections 12213 and 12214 are amended by striking out “or Territory, Puerto Rico, or the District of Columbia, whichever is” in subsection (a).

   Effective date note
   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 this title.

7. 1994

   Reserve Officer Personnel Management Act

   Pub. L. 103–337 § 1636(a) · 108 Stat. 2663

   Struck · 10 U.S.C. § 12213(a)

   Pub. L. 103–337, § 1636(a), struck out at end “Notwithstanding any other provision of this chapter or section 12203 of this title, an officer who is transferred under this section shall be advanced to the highest temporary, regular, or reserve grade ever held by him in the Army, unless the Secretary determines that it is not in the best interests of the service.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 103–337, § 1636(a), struck out at end “Notwithstanding any other provision of this chapter or section 12203 of this title, an officer who is transferred under this section shall be advanced to the highest temporary, regular, or reserve grade ever held by him in the Army, unless the Secretary determines that it is not in the best interests of the service.”

   Enacted provision · exact public law section
   (a) 10 USC 3352. Army Reserve Officers Appointed in Temporary Grades.— Section 3352(a) is amended by striking out the second sentence.

   Effective date note
   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 this title.

8. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 1501(b)(13)(A) · 110 Stat. 186

   Inserted · 10 U.S.C. § 12213

   Pub. L. 104–106, § 1501(b)(13)(A), inserted “the” after “National Guard of” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 104–106, § 1501(b)(13)(A), inserted “the” after “National Guard of” in section catchline.

   Enacted provision · exact public law section
   (A) The headings for sections 12211, 12212, 12213, and 12214 are amended by inserting “the” after “National Guard of”

   Effective date note
   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 this title.

9. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 1501(b)(14) · 110 Stat. 186

   Substituted · 10 U.S.C. § 12213(a)

   Pub. L. 104–106, § 1501(b)(14), substituted “section 12203” for “section 593” in last sentence

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–106, § 1501(b)(14), substituted “section 12203” for “section 593” in last sentence.

   Enacted provision · exact public law section
   (14) Section 12213(a) is amended by striking out “section 593” and inserting in lieu thereof “section 12203”.

   Effective date note
   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 this title.

8 of 9 references resolved to an enrolled provision · 1 partial