
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 508(b)]
[CITE: 10USC123]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
                 CHAPTER 3--GENERAL POWERS AND FUNCTIONS
 
Sec. 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. 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.

(Added Pub. L. 85-861, Sec. 1(2)(A), Sept. 2, 1958, 72 Stat. 1437; 
amended Pub. L. 86-559, Sec. 1(1), June 30, 1960, 74 Stat. 264; Pub. L. 
89-718, Sec. 1, Nov. 2, 1966, 80 Stat. 1115; Pub. L. 90-130, Sec. 1(1), 
Nov. 8, 1967, 81 Stat. 374; Pub. L. 96-513, title V, Secs. 501(3), 
511(1), Dec. 12, 1980, 94 Stat. 2907, 2920; Pub. L. 97-22, 
Sec. 10(b)(1), July 10, 1981, 95 Stat. 137; Pub. L. 103-337, div. A, 
title XVI, Sec. 1622(a), Oct. 5, 1994, 108 Stat. 2961; Pub. L. 104-106, 
div. A, title XV, Sec. 1501(c)(4), Feb. 10, 1996, 110 Stat. 498.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
123...................................  50:1199 (less applicability to       Se
pt. 3, 1954, ch. 1257, Sec.  209
                                         National Guard).                     (
less applicability to National
                                                                              G
uard), 68 Stat. 1152.
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---------------------------------

    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, Sept. 14, 1976, 90 Stat. 1255, as amended. Title II of the Act 
is classified generally to subchapter II (Sec. 1621 et seq.) of chapter 
34 of Title 50, War and National Defense. For complete classification of 
this Act to the Code, see Short Title note set out under section 1601 of 
Title 50 and Tables.


                            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, 
Sec. 1622(b).


                               Amendments

    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 1996 Amendment

    Section 1501(c) of Pub. L. 104-106 provided that the amendment made 
by that section is effective as of Dec. 1, 1994, and as if included as 
an amendment made by the Reserve Officer Personnel Management Act, title 
XVI of Pub. L. 103-337, as originally enacted.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-337 effective Oct. 1, 1996, see section 
1691(b)(1) of Pub. L. 103-337, set out as an Effective Date note under 
section 10001 of this title.


                    Effective Date of 1981 Amendment

    Section 10(b) of Pub. L. 97-22 provided that the amendment made by 
that section is effective Sept. 15, 1981.


                    Effective Date of 1980 Amendment

    Amendment by section 501(3) of Pub. L. 96-513, striking out 
references to sections 3571, 5867, and 8571, effective Sept. 15, 1981, 
and amendment by section 511(1) of Pub. L. 96-513, striking out 
references to sections 3847, 8370, and 8847, effective Dec. 12, 1980, 
see section 701 of Pub. L. 96-513, set out as a note under section 101 
of this title.

                         Delegation of Functions

    Functions of President under this section delegated to Secretary of 
Defense, see section 1(11) of Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 
841, set out as a note under section 301 of Title 3, The President.

                  Section Referred to in Other Sections

    This section is referred to in section 14317 of this title.
