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TITLE 10 & TITLE 14 |
TITLE 10 |
§ 12006.
Strength limitations: authority to waive in time of war or national emergency (a) In time of war, or of national emergency declared by Congress or the President, the President may suspend the operation of any provision of section 12003, 12004, or 12005 of this title. So long as any such war or national emergency continues, any such suspension may be extended by the President. (b) Any suspension under subsection (a) 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 termination of the emergency. (Added Pub. L. 103337, div. A, title XVI, Sec. 1662(a)(1), Oct. 5, 1994, 108 Stat. 2986.) |
12003. Authorized strengths: commissioned officers in an active status. |
§ 12302.
Ready Reserve (a) In time of national emergency declared by the President after January 1, 1953, or when otherwise authorized by law, an authority designated by the Secretary concerned may, without the consent of the persons concerned, order any unit, and any member not assigned to a unit organized to serve as a unit, in the Ready Reserve under the jurisdiction of that Secretary to active duty for not more than 24 consecutive months. (b) To achieve fair treatment as between members in the Ready Reserve who are being considered for recall to duty without their consent, consideration shall be given to (1) the length and nature of previous service, to assure such sharing of exposure to hazards as the national security and military requirements will reasonably allow; (2) family responsibilities; and (3) employment necessary to maintain the national health, safety, or interest. The Secretary of Defense shall prescribe such policies and procedures as he considers necessary to carry out this subsection. He shall report on those policies and procedures at least once a year to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. (c) Not more than 1,000,000 members of the Ready Reserve may be on active duty, without their consent, under this section at any one time. (Aug. 10, 1956, ch. 1041, 70A Stat. 28, Sec. 673; Pub. L. 85861, Secs. 1(14), 33(a)(5), Sept. 2, 1958, 72 Stat. 1441, 1564; Pub. L. 93155, title III, Sec. 303(a), Nov. 16, 1973, 87 Stat. 607; renumbered Sec. 12302, Pub. L. 103337, div. A, title XVI, Sec. 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992; Pub. L. 104106, div. A, title XV, Sec. 1502(a)(2), Feb. 10, 1996, 110 Stat. 502; Pub. L. 10665, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108136, div. A, title X, Sec. 1031(a)(61), Nov. 24, 2003, 117 Stat. 1603; Pub. L. 108375, div. A, title V, Sec. 514(b), Oct. 28, 2004, 118 Stat. 1883.) |
§
123. Authority to suspend officer personnel laws during war or national emergency (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. 16211622) which provides 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. (Added Pub. L. 85861, Sec. 1(2)(A), Sept. 2, 1958, 72 Stat. 1437, and amended Pub. L. 86559, Sec. 1(1), June 30, 1960, 74 Stat. 264; Pub. L. 89718, Sec. 1, Nov. 2, 1966, 80 Stat. 1115; Pub. L. 90130, Sec. 1(1), Nov. 8, 1967, 81 Stat. 374; Pub. L. 96513, title V, Secs. 501(3), 511(1), Dec. 12, 1980, 94 Stat. 2907, 2920; Pub. L. 9722, Sec. 10(b)(1), July 10, 1981, 95 Stat. 137; Pub. L. 103337, div. A, title XVI, Sec. 1622(a), Oct. 5, 1994, 108 Stat. 2961; Pub. L. 104106, div. A, title XV, Sec. 1501(c)(4), Feb. 10, 1996, 110 Stat. 498; Pub. L. 107107, div. A, title V, Sec. 508(b), Dec. 28, 2001, 115 Stat. 1090.) |
§
123a. Suspension of end-strength and other strength limitations in
time of war or national emergency (a) DURING WAR OR NATIONAL EMERGENCY .(1) If at the end of any fiscal year there is in effect a war or national emergency, the President may waive any statutory end strength with respect to that fiscal year. Any such waiver may be issued only for a statutory end strength that is prescribed by law before the waiver is issued. (2) When a designation of a major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) is in effect, the President may waive any statutory limit that would otherwise apply during the period of the designation on the number of members of a reserve component who are authorized to be on active duty under subparagraph (A) or (B) of section 115(b)(1) of this title, if the President determines the waiver is necessary to provide assistance in responding to the major disaster or emergency. (b) TERMINATION OF WAIVER .(1) Upon the termination of a war or national emergency with respect to which the President has exercised the authority provided by subsection (a)(1), the President may defer the effectiveness of any statutory end strength with respect to the fiscal year during which the termination occurs. Any such deferral may not extend beyond the last day of the sixth month beginning after the date of such termination. (2) A waiver granted under subsection (a)(2) shall terminate not later than 90 days after the date on which the designation of the major disaster or emergency that was the basis for the waiver expires. (c) STATUTORY END STRENGTH .In this section, the term statutory end strength means any end-strength limitation with respect to a fiscal year that is prescribed by law for any military or civilian component of the armed forces or of the Department of Defense. (Added Pub. L. 101510, div. A, title XIV, Sec. 1483(b)(1), Nov. 5, 1990, 104 Stat. 1715; amended Pub. L. 107107, div. A, title IV, Sec. 421(b), Dec. 28, 2001, 115 Stat. 1076; Pub. L. 110417, [div. A], title IV, Sec. 416(a)(c)(1), Oct. 14, 2008, 122 Stat. 4430.) |
§
527. Authority to suspend sections 523, 525, and 526
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 section 523, 525, or 526 of this title. So long as such war or national emergency continues, any such suspension may be extended by the President. 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. 16211622) 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. (Added Pub. L. 96513, title I, Sec. 103, Dec. 12, 1980, 94 Stat. 2845, Sec. 526; renumbered Sec. 527 and amended Pub. L. 100370, Sec. 1(b)(1)(A), (2), July 19, 1988, 102 Stat. 840; Pub. L. 103337, div. A, title XVI, Sec. 1671(c)(4), Oct. 5, 1994, 108 Stat. 3014.) |
523.
Authorized strengths: commissioned officers on active duty in grades of
major, lieutenant colonel, and colonel and Navy grades of lieutenant
commander, commander, and captain. [524. Renumbered.] 525. Distribution of commissioned officers on active duty in general officer and flag officer grades. 526. Authorized strength: general and flag officers on active duty. |
§
2201. Apportionment of funds: authority for exemption; excepted
expenses (a) EXEMPTION FROM APPORTIONMENT REQUIREMENT .If the President determines such action to be necessary in the interest of national defense, the President may exempt from the provisions of section 1512 of title 31 appropriations, funds, and contract authorizations available for military functions of the Department of Defense. (b) AIRBORNE ALERTS .Upon a determination by the President that such action is necessary, the Secretary of Defense may provide for the cost of an airborne alert as an excepted expense under section 6301(a) and (b)(1)(3) of title 41. (c) MEMBERS ON ACTIVE DUTY .Upon a determination by the President that it is necessary to increase (subject to limits imposed by law) the number of members of the armed forces on active duty beyond the number for which funds are provided in appropriation Acts for the Department of Defense, the Secretary of Defense may provide for the cost of such additional members as an excepted expense under section 6301(a) and (b)(1)(3) of title 41. (d) NOTIFICATION TO CONGRESS .The Secretary of Defense shall immediately notify Congress of the use of any authority under this section. (Added Pub. L. 100370, Sec. 1(d)(1)(A), July 19, 1988, 102 Stat. 841; amended Pub. L. 106 65, div. A, title X, Sec. 1032(a)(1), Oct. 5, 1999, 113 Stat. 751; Pub. L. 111350, Sec. 5(b)(4) Jan. 4, 2011, 124 Stat. 3842.) |
§
12006. Strength limitations: authority to waive in time of war or national emergency (a) In time of war, or of national emergency declared by Congress or the President, the President may suspend the operation of any provision of section 12003, 12004, or 12005 of this title. So long as any such war or national emergency continues, any such suspension may be extended by the President. (b) Any suspension under subsection (a) 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 termination of the emergency. (Added Pub. L. 103337, div. A, title XVI, Sec. 1662(a)(1), Oct. 5, 1994, 108 Stat. 2986.) |
Source:
http://armedservices.house.gov/index.cfm/files/serve?File_id=8f86265a-e2dd-482c-a4f6-72b9a0e1b2d9 |
TITLE 14 |
§331.
Recall to active duty during war or national emergency In time of war or national emergency, the Secretary may order any regular officer on the retired list to active duty. (Added
Delegation of AuthorityFor delegation of
authority under this section, as invoked by section 2 of Ex. Ord. No. 13223,
Sept. 14, 2001, 66 F.R. 48201, as amended, to Secretary of Homeland Security
when Coast Guard is not serving as part of Navy, see section 5 of Ex. Ord.
No. 13223, set out as a note under
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§359.
Recall to active duty during war or national emergency In times of war or national emergency, the Commandant may order any enlisted member on the retired list to active duty. (Aug.
4, 1949, ch. 393,
Historical and Revision Notes Based on title 14, U.S.C., 1946 ed., §185c
(May
24, 1939, ch. 146, §4,
This section was changed so as to make provisions for enlisted men parallel to similar provisions for commissioned and warrant officers (see §§240 and 310 of the revised title). It seems fair and equitable that similar provisions should apply to all classes of personnel insofar as practicable. 81st Congress, House Report No. 557. Amendments 1984 1950Act Aug. 3, 1950, struck out all references to pay. Delegation of Authority For delegation of authority under this
section, as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66
F.R. 48201, as amended, to Secretary of Homeland Security when Coast Guard
is not serving as part of Navy, see section 5 of Ex. Ord. No. 13223, set out
as a note under
|
§367.
Detention beyond term of enlistment Under regulations prescribed by the Secretary, an enlisted member may be detained in the Coast Guard beyond the term of his enlistment: (1) until the first arrival of the vessel on which he is serving at its permanent station, or at a port in a State of the United States or in the District of Columbia; or (2) if attached to a shore station beyond the continental limits of the United States or in Alaska, until his first arrival at a port in any State of the United States or in the District of Columbia where his reenlistment or discharge may be effected, or until he can be discharged or reenlisted at his station beyond the continental limits of the United States or in Alaska, whichever is earlier, but in no event to exceed three months; or (3) during a period of war or national emergency as proclaimed by the President, and, in the interest of national defense, for a period not to exceed six months after the end of the war or the termination of the emergency; or (4) for a period of not exceeding thirty days in other cases whether or not specifically covered by this section, when essential to the public interests, and the determination that such detention is essential to the public interests, made in accordance with regulations prescribed by the Secretary, shall be final and conclusive. Any member detained in the Coast Guard as provided in this section shall be entitled to receive pay and allowances and benefits under the same conditions as though his enlistment period had not expired, and shall be subject in all respects to the laws and regulations for the government of the Coast Guard until his discharge there from. Enlisted members detained under the provisions of clause (1) shall be entitled to the pay and allowances provided for enlisted personnel of the Navy detained under similar circumstances. (Aug.
4, 1949, ch. 393,
Historical and Revision Notes Based on title 14, U.S.C., 1946 ed., §§35,
35a, 35c (May
26, 1906, ch. 2556, §1,
Changes were made in phraseology. 81st Congress, House Report No. 557. Amendments 1984 1956Subsec.
(a). Act July 24, 1956, §§2(4), 3, repealed cl. (3) permitting detention of
enlisted members beyond term of their enlistment while waiting disciplinary
action or trial and disposition of their case, struck out provisions
prohibiting payment of pay or allowances for any period beyond term of
enlistment if trial of such members results in conviction, and redesignated
cls. (4) and (5) as (3) and (4), respectively. See
Subsecs. (b), (c). Act July 24, 1956,
§2(4), repealed subsecs. (b) and (c) which required enlisted members to make
good time lost by unauthorized absence from duty, or by confinement under
sentence or pending trial, or by reason of sickness resulting from
misconduct. See
1950Subsec. (c). Act Aug. 3, 1950, added subsec. (c). Delegation of Authority For delegation of authority under this
section, as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66
F.R. 48201, as amended, to Secretary of Homeland Security when Coast Guard
is not serving as part of Navy, see section 5 of Ex. Ord. No. 13223, set out
as a note under
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Source:
http://uscode.house.gov/view.xhtml?path=/prelim@title14/part1&edition=prelim |
See also: Executive Order 13581 |