10 U.S.C. § 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)

50 U.S.C. 1621 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 (, 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.

Pub. L. 103–337, div. A, title XVI, § 1662(a)(1)Oct. 5, 1994108 Stat. 2986(Added , , .)

Editorial Notes

References in Text

Pub. L. 94–412Sept. 14, 197690 Stat. 1255 section 1601 of Title 50The National Emergencies Act, referred to in subsec. (b), is , , , as amended. Title II of the Act is classified generally to subchapter II (§ 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 and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Dec. 1, 1994section 1691 of Pub. L. 103–337 section 10001 of this titleSection effective , except as otherwise provided, see , set out as a note under .

Executive Documents

Delegation of Authority

Sept. 14, 2001section 12302 of this titleAuthority of President under this section as invoked by sections 2 and 3 of Ex. Ord. No. 13223, , 66 F.R. 48201, as amended, delegated to Secretary of Defense by section 4 of Ex. Ord. No. 13223, set out as a note under .