United States Code (Last Updated: May 24, 2014) |
Title 10. ARMED FORCES |
SubTitle A. General Military Law |
Part I. ORGANIZATION AND GENERAL MILITARY POWERS |
Chapter 3. GENERAL POWERS AND FUNCTIONS |
§ 123. Authority to suspend officer personnel laws during war or national emergency
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(a) In time of war, or of national emergency declared by Congress or the President after November 30, 1980 , the President may suspend the operation of any provision of law relating to the promotion, involuntary retirement, or separation of commissioned officers of the Army, Navy, Air Force, Marine Corps, or Coast Guard Reserve. So long as such war or national emergency continues, any such suspension may be extended by the President.(b) Any such suspension shall, if not sooner ended, end on the last day of the two-year period beginning on the date on which the suspension (or the last extension thereof) takes effect or on the last day of the one-year period beginning on the date of the termination of the war or national emergency, whichever occurs first. With respect to the end of any such suspension, the preceding sentence supersedes the provisions of title II of the National Emergencies Act (50 U.S.C. 1621–1622) which provide that powers or authorities exercised by reason of a national emergency shall cease to be exercised after the date of the termination of the emergency. (c) If a provision of law pertaining to the promotion of reserve officers is suspended under this section and if the Secretary of Defense submits to Congress proposed legislation to adjust the grades and dates of rank of reserve commissioned officers other than commissioned warrant officers, such proposed legislation shall, so far as practicable, be the same as that recommended for adjusting the grades and dates of rank of officers of the regular component of the armed force concerned. (d) Upon the termination of a suspension made under the authority of subsection (a) of a provision of law otherwise requiring the separation or retirement of officers on active duty because of age, length of service or length of service in grade, or failure of selection for promotion, the Secretary concerned shall extend by up to 90 days the otherwise required separation or retirement date of any officer covered by the suspended provision whose separation or retirement date, but for the suspension, would have been before the date of the termination of the suspension or within 90 days after the date of such termination.
Historical And Revision
Historical and Revision Notes | ||
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
123 | 50:1199 (less applicability to National Guard). | Sept. 3, 1954, ch. 1257, § 209 (less applicability to National Guard), 68 Stat. 1152. |
In subsection (b), the words “the same as” are substituted for the word “comparable”, since any necessary differences in the recommended legislation between Reserves and Regulars are fully taken account of in the words “So far as practicable”.
References In Text
The National Emergencies Act, referred to in subsec. (b), is Pub. L. 94–412,
Prior Provisions
Provisions similar to those in this section were contained in section 644 of this title prior to repeal by Pub. L. 103–337, § 1622(b).
Amendments
2001—Subsec. (d). Pub. L. 107–107 added subsec. (d).
1996—Subsec. (a). Pub. L. 104–106 struck out “281, 592, 1002, 1005, 1006, 1007, 1374, 3217, 3218, 3219, 3220, 3352(a) (last sentence),” after “armed force:”, “5414, 5457, 5458, 5506,” after “3855,”, and “8217, 8218, 8219,” after “6410,” and substituted “8855, 10214, 12003, 12004, 12005, 12007, 12202, 12213(a) (second sentence), 12642, 12645, 12646, 12647, 12771, 12772, and 12773” for “and 8855”.
1994—Pub. L. 103–337 substituted “Authority to suspend officer personnel laws during war or national emergency” for “Suspension of certain provisions of law relating to reserve commissioned officers” as section catchline and amended text generally, substituting subsecs. (a) to (c) for former subsecs. (a) and (b).
1981—Subsec. (a). Pub. L. 97–22 struck out references to sections 3494 and 8494.
1980—Subsec. (a). Pub. L. 96–513 struck out references to sections 3571, 3847, 5867, 8370, 8571, and 8847.
1967—Subsec. (a). Pub. L. 90–130 struck out reference to section 3391.
1966—Subsec. (a). Pub. L. 89–718 struck out reference to section 5907.
1960—Subsec. (a). Pub. L. 86–559 inserted references to sections 281, 3855, and 8855 and struck out references to sections 3841, 3842, 3849, 8841, 8842, and 8849.
Effective Date Of Amendment
Pub. L. 104–106, div. A, title XV, § 1501(c),
Amendment by Pub. L. 103–337 effective
Pub. L. 97–22, § 10(b),
Amendment by section 501(3) of Pub. L. 96–513, striking out references to sections 3571, 5867, and 8571, effective
Transfer Of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
Delegation Of Functions
Functions of President under this section delegated to Secretary of Defense, see section 1(11) of Ex. Ord. No. 11390,
Miscellaneous
Authority of President under this section as invoked by sections 2 and 3 of Ex. Ord. No. 13223,