
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC527]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
         CHAPTER 32--OFFICER STRENGTH AND DISTRIBUTION IN GRADE
 
Sec. 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. 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.

(Added Pub. L. 96-513, title I, Sec. 103, Dec. 12, 1980, 94 Stat. 2845, 
Sec. 526; renumbered Sec. 527 and amended Pub. L. 100-370, 
Sec. 1(b)(1)(A), (2), July 19, 1988, 102 Stat. 840; Pub. L. 103-337, 
div. A, title XVI, Sec. 1671(c)(4), Oct. 5, 1994, 108 Stat. 3014.)

                       References in Text

    The National Emergencies Act, referred to in text, is Pub. L. 94-
412, Sept. 14, 1976, 90 Stat. 1255, as amended. Title II of the National 
Emergencies 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.


                               Amendments

    1994--Pub. L. 103-337 struck out ``524,'' after ``523,'' in section 
catchline and in text.
    1988--Pub. L. 100-370 renumbered section 526 of this title as this 
section, substituted ``524, 525, and 526'' for ``524, and 525'' in 
section catchline, and ``524, 525, or 526'' for ``524, or 525'' in text.


                    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.

                         Delegation of Functions

    Functions of President under this section to suspend operation of 
sections 523, 524 [now 12011], and 525 of this title, relating to 
authorized strength of commissioned officers, delegated to Secretary of 
Defense to perform during a time of war or national emergency, without 
approval, ratification, or other action by President, and with authority 
for Secretary to redelegate, provided that, during a national emergency 
declared by President, the exercise of any such authority be 
specifically directed by President in accordance with section 1631 of 
Title 50, War and National Defense, and that Secretary ensure that 
actions taken pursuant to any authority so delegated be accounted for as 
required by section 1641 of Title 50, see Ex. Ord. No. 12396, Secs. 2, 
3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a note under section 
301 of Title 3, The President.


      Authority To Waive Grade Strength Laws For Fiscal Year 1991; 
        Certification; Relationship to Other Suspension Authority

    Pub. L. 102-25, title II, Secs. 201(b), 202, 205(b), Apr. 6, 1991, 
105 Stat. 79, 80, authorized Secretary of a military department to 
suspend, for fiscal year 1991, the operation of any provision of section 
517, 523, 524, 525, or 526 of this title with respect to that military 
department, that such Secretary may exercise such authority only after 
submission to the congressional defense committees of a certification in 
writing that such authority is necessary because of personnel actions 
associated with Operation Desert Storm, and that such authority is in 
addition to the authority provided in this section.

                  Section Referred to in Other Sections

    This section is referred to in sections 517, 12011, 12012 of this 
title.
