
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 508(a)]
[CITE: 10USC12305]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
                        CHAPTER 1209--ACTIVE DUTY
 
Sec. 12305. Authority of President to suspend certain laws 
        relating to promotion, retirement, and separation
        
    (a) Notwithstanding any other provision of law, during any period 
members of a reserve component are serving on active duty pursuant to an 
order to active duty under authority of section 12301, 12302, or 12304 
of this title, the President may suspend any provision of law relating 
to promotion, retirement, or separation applicable to any member of the 
armed forces who the President determines is essential to the national 
security of the United States.
    (b) A suspension made under the authority of subsection (a) shall 
terminate (1) upon release from active duty of members of the reserve 
component ordered to active duty under the authority of section 12301, 
12302, or 12304 of this title, as the case may be, or (2) at such time 
as the President determines the circumstances which required the action 
of ordering members of the reserve component to active duty no longer 
exist, whichever is earlier.

(Added Pub. L. 98-94, title X, Sec. 1021(a), Sept. 24, 1983, 97 Stat. 
670, Sec. 673c; amended Pub. L. 98-525, title XIV, Sec. 1405(16), Oct. 
19, 1984, 98 Stat. 2622; renumbered Sec. 12305 and amended Pub. L. 103-
337, div. A, title XVI, Secs. 1662(e)(2), 1675(c)(3), Oct. 5, 1994, 108 
Stat. 2992, 3017.)


                               Amendments

    1994--Pub. L. 103-337, Sec. 1662(e)(2), renumbered section 673c of 
this title as this section.
    Subsecs. (a), (b). Pub. L. 103-337, Sec. 1675(c)(3), substituted 
``12301, 12302, or 12304'' for ``672, 673, or 673b''.
    1984--Subsec. (b)(1). Pub. L. 98-525 inserted ``of this title'' 
after ``673b''.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as 
otherwise provided, see section 1691 of Pub. L. 103-337, set out as an 
Effective Date note under section 10001 of this title.

  Ex. Ord. No. 12728. Delegating President's Authority To Suspend any 
  Provision of Law Relating to Promotion, Retirement, or Separation of 
                         Members of Armed Forces

    Ex. Ord. No. 12728, Aug. 22, 1990, 55 F.R. 35029, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including section 673c [now 
12305] of title 10 of the United States Code and section 301 of title 3 
of the United States Code, I hereby order:
    Section 1. The Secretary of Defense, and the Secretary of 
Transportation with respect to the Coast Guard when it is not operating 
as a service in the Department of the Navy, are hereby designated and 
empowered to exercise, without the approval, ratification, or other 
action of the President, the authority vested in the President by 
section 673c [now 12305] of title 10 of the United States Code (1) to 
suspend any provision of law relating to promotion, retirement, or 
separation applicable to any member of the armed forces determined to be 
essential to the national security of the United States, and (2) to 
determine, for the purposes of said section, that members of the armed 
forces are essential to the national security of the United States.
    Sec. 2. The authority delegated to the Secretary of Defense and the 
Secretary of Transportation by this order may be redelegated and further 
subdelegated to subordinates who are appointed to their offices by the 
President, by and with the advice and consent of the Senate.
    Sec. 3. This order is intended only to improve the internal 
management of the executive branch and is not intended to create any 
right or benefit, substantive or procedural, enforceable at law by a 
party against the United States, its agencies, its officers, or any 
person.
                                                            George Bush.

                  Section Referred to in Other Sections

    This section is referred to in sections 101, 1074b of this title; 
title 37 section 302f; title 38 section 4312.
