US Code

Public Law 119-87 (04/30/2026)

10 U.S.C. § 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.
(c)
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. 98–94, title X, § 1021(a)97 Stat. 670 Pub. L. 98–525, title XIV, § 1405(16)98 Stat. 2622 Pub. L. 103–337, div. A, title XVI108 Stat. 2992 Pub. L. 107–107, div. A, title V, § 508(a)115 Stat. 1090 (Added , , , § 673c; amended , , ; renumbered § 12305 and amended , §§ 1662(e)(2), 1675(c)(3), , , 3017; , , .)

Editorial Notes

Amendments

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

Pub. L. 103–337, § 1662(e)(2)section 673c of this title1994—, renumbered as this section.

Pub. L. 103–337, § 1675(c)(3)Subsecs. (a), (b). , substituted “12301, 12302, or 12304” for “672, 673, or 673b”.

Pub. L. 98–5251984—Subsec. (b)(1). inserted “of this title” after “673b”.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–337section 1691 of Pub. L. 103–337section 10001 of this titleAmendment by effective , except as otherwise provided, see , set out as an Effective Date note under .

Executive Documents

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, , 55 F.R. 35029, as amended by Ex. Ord. No. 13286, § 38, , 68 F.R. 10626, provided:

section 301 of title 3By 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 of the United States Code, I hereby order:

Section 1. The Secretary of Defense, and the Secretary of Homeland Security 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 Homeland Security 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.