10 U.S.C. § 123 | Authority to suspend officer personnel laws during war or national emergency

(a)

November 30, 1980 In time of war, or of national emergency declared by Congress or the President after , 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, Space Force, or Coast Guard Reserve. So long as such war or national emergency continues, any such suspension may be extended by the President.

(b)

50 U.S.C. 1621–162 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 (2) 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.

(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.

Pub. L. 85–861, § 1(2)(A)Sept. 2, 195872 Stat. 1437 Pub. L. 86–559, § 1(1)June 30, 196074 Stat. 264 Pub. L. 89–718, § 1Nov. 2, 196680 Stat. 1115 Pub. L. 90–130, § 1(1)Nov. 8, 196781 Stat. 374 Pub. L. 96–513, title VDec. 12, 198094 Stat. 2907 Pub. L. 97–22, § 10(b)(1)July 10, 198195 Stat. 137 Pub. L. 103–337, div. A, title XVI, § 1622(a)Oct. 5, 1994108 Stat. 2961 Pub. L. 104–106, div. A, title XV, § 1501(c)(4)Feb. 10, 1996110 Stat. 498 Pub. L. 107–107, div. A, title V, § 508(b)Dec. 28, 2001115 Stat. 1090 Pub. L. 116–283, div. A, title IX, § 924(b)(2)(A)(i)Jan. 1, 2021134 Stat. 3821 (Added , , ; amended , , ; , , ; , , ; , §§ 501(3), 511(1), , , 2920; , , ; , , ; , , ; , , ; , , .)

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

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”.

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 , , . 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.

Prior Provisions

section 644 of this title Pub. L. 103–337, § 1622(b)Provisions similar to those in this section were contained in prior to repeal by .

Amendments

Pub. L. 116–2832021—Subsec. (a). substituted “Marine Corps, Space Force,” for “Marine Corps,”.

Pub. L. 107–1072001—Subsec. (d). added subsec. (d).

Pub. L. 104–1061996—Subsec. (a). 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”.

Pub. L. 103–3371994— 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).

Pub. L. 97–221981—Subsec. (a). struck out references to sections 3494 and 8494.

Pub. L. 96–5131980—Subsec. (a). struck out references to sections 3571, 3847, 5867, 8370, 8571, and 8847.

Pub. L. 90–1301967—Subsec. (a). struck out reference to section 3391.

Pub. L. 89–7181966—Subsec. (a). struck out reference to section 5907.

Pub. L. 86–5591960—Subsec. (a). inserted references to sections 281, 3855, and 8855 and struck out references to sections 3841, 3842, 3849, 8841, 8842, and 8849.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–106, div. A, title XV, § 1501(c)Feb. 10, 1996110 Stat. 498 Dec. 1, 1994Pub. L. 103–337, , , provided that the amendment made by that section is effective as of , and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of , as originally enacted.

Effective Date of 1994 Amendment

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

Effective Date of 1981 Amendment

Pub. L. 97–22, § 10(b)July 10, 198195 Stat. 137 Sept. 15, 1981, , , provided that the amendment made by that section is effective .

Effective Date of 1980 Amendment

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

Transfer of Functions

November 25, 2002section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .

Executive Documents

Delegation of Functions

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

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, and authority of President under this section as invoked by section 2 of Ex. Ord. No. 13223 delegated to Secretary of Homeland Security by section 5 of Ex. Ord. No. 13223, as amended, set out as a note under .