§8902. Appointment and enlistment in reserve components

In the discretion of the Secretary of the Navy, any member of the Naval Militia may be appointed or enlisted in the Navy Reserve or the Marine Corps Reserve in the grade for which he is qualified.

(Aug. 10, 1956, ch. 1041, 70A Stat. 486 , §7852; Pub. L. 109–163, div. A, title V, §515(b)(1)(W), Jan. 6, 2006, 119 Stat. 3233 ; renumbered §8902, Pub. L. 115–232, div. A, title VIII, §807(d)(11), Aug. 13, 2018, 132 Stat. 1837 .)

This section is written to indicate that the Secretary of the Navy has discretion in authorizing the appointment or enlistment in the Naval Reserve of members of the Naval Militia but does not make such appointments or enlistments. Section 593 of this title, based on 50 U.S.C. 942, 943, provides the manner in which all reserve appointments are made, and §510 of this title, based on 50 U.S.C. 941, 952, 956 provides the authority to enlist persons in the reserve components. As worded, this section removes the conflicting statement of appointing authority, and allows appointments and enlistments to be controlled by these other provisions. The words "rank" and "or rating" are omitted as covered by the word "grade".

Editorial Notes

Amendments

2018-Pub. L. 115–232 renumbered section 7852 of this title as this section.

2006-Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve".

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.