Pub. L. 96–513, title I, § 10594 Stat. 2850 Pub. L. 101–189, div. A, title VI, § 653(a)(2)103 Stat. 1462 Pub. L. 102–190, div. A, title XI, § 1113(b)105 Stat. 1502 Pub. L. 116–283, div. A, title IX, § 924(b)(3)(D)134 Stat. 3821 (Added , , ; amended , , ; , (d)(1)(A), , ; , , .)
Editorial Notes
Amendments
Pub. L. 116–2832021—Subsec. (a). substituted “Marine Corps, or Space Force” for “or Marine Corps”.
Pub. L. 102–190, § 1113(d)(1)(A)1991—, substituted “Appointments in time of war or national emergency” for “Commissioned officer grades: time of war or national emergency” in section catchline.
Pub. L. 102–190, § 1113(b)Subsec. (a). , struck out “commissioned” before “officer grade in the Army” and “in warrant officer grades or” before “in grades above major general” and inserted before period at end “, except that an appointment in the grade warrant officer, W–1, shall be made by warrant by the Secretary concerned”.
Pub. L. 101–1891989—Subsec. (f). substituted “terminates on the earliest of the following:” for “terminates—” in introductory provisions, and made numerous amendments to style and punctuation. Prior to amendment, subsec. (f) read as follows: “Unless sooner terminated, an appointment under this section terminates—
“(1) on the second anniversary of the appointment;
“(2) at the end of the six-month period beginning on the last day of the war or national emergency during which the appointment was made; or
“(3) on the date the person appointed is released from active duty;
whichever is earliest.”
Statutory Notes and Related Subsidiaries
Effective Date of 1991 Amendment
Pub. L. 102–190section 1132 of Pub. L. 102–190section 521 of this titleAmendment by effective , see , set out as a note under .
Effective Date
section 701 of Pub. L. 96–513section 101 of this titleSection effective , but the authority to prescribe regulations under this section effective on , see , set out as an Effective Date of 1980 Amendment note under .
Executive Documents
Delegation of Functions
section 1631 of Title 50section 1641 of Title 50section 301 of Title 3Functions of President under subsecs. (a) and (b) to make or vacate certain temporary commissioned appointments 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, exercise of any such authority be specifically directed by President in accordance with , War and National Defense, and that Secretary ensure any authority so delegated be accounted for as required by , see Ex. Ord. No. 12396, §§ 2, 3, , 47 F.R. 55897, 55898, set out as a note under , The President.
Ex. Ord. No. 13321. Appointments During National Emergency
Ex. Ord. No. 13321, , 68 F.R. 74465, provided:
50 U.S.C. 1601et seqsection 301 of title 350 U.S.C. 1621By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Emergencies Act ( .), and , United States Code, and in order to further respond to the national emergency I declared in Proclamation 7463 of [ note], I hereby order as follows:
SectionEmergency Appointments Authoritysection 603 of title 103 U.S.C. 301 1. . The emergency appointments authority at , United States Code, is invoked and made available to the Secretary of Defense in accordance with the terms of that statute and of Executive Order 12396 of [ note].
SecJudicial Review. 2. . This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, entities, officers, employees or agents, or any person.
SecAdministration. 3. . This order shall be transmitted to the Congress and published in the Federal Register.