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10 U.S.C. § 123a — Suspension of end-strength and other strength limitations in time of war or national emergency
Federal law — U.S. Code and appendices · legal_authorities
**(a) During War or National Emergency.—**
(1) If at the end of any fiscal year there is in effect a war or national emergency, the President may waive any statutory end strength with respect to that fiscal year. Any such waiver may be issued only for a statutory end strength that is prescribed by law before the waiver is issued.
(2) When a designation of a major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5122](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5122&num=0&edition=prelim))) is in effect, the President may waive any statutory limit that would otherwise apply during the period of the designation on the number of members of a reserve component or the Space Force who are authorized to be on active duty under subparagraph (A) or (B) of [section 115(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section115/b/1&num=0&edition=prelim), if the President determines the waiver is necessary to provide assistance in responding to the major disaster or emergency.
**(b) Termination of Waiver.—**
(1) Upon the termination of a war or national emergency with respect to which the President has exercised the authority provided by subsection (a)(1), the President may defer the effectiveness of any statutory end strength with respect to the fiscal year during which the termination occurs. Any such deferral may not extend beyond the last day of the sixth month beginning after the date of such termination.
(2) A waiver granted under subsection (a)(2) shall terminate not later than 90 days after the date on which the designation of the major disaster or emergency that was the basis for the waiver expires.
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Source location: Title 10, Chapter 3, § 123a; chapter-003-general-powers-and-functions.md
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**(a) During War or National Emergency.—**
(1) If at the end of any fiscal year there is in effect a war or national emergency, the President may waive any statutory end strength with respect to that fiscal year. Any such waiver may be issued only for a statutory end strength that is prescribed by law before the waiver is issued.
(2) When a designation of a major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5122](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5122&num=0&edition=prelim))) is in effect, the President may waive any statutory limit that would otherwise apply during the period of the designation on the number of members of a reserve component or the Space Force who are authorized to be on active duty under subparagraph (A) or (B) of [section 115(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section115/b/1&num=0&edition=prelim), if the President determines the waiver is necessary to provide assistance in responding to the major disaster or emergency.
**(b) Termination of Waiver.—**
(1) Upon the termination of a war or national emergency with respect to which the President has exercised the authority provided by subsection (a)(1), the President may defer the effectiveness of any statutory end strength with respect to the fiscal year during which the termination occurs. Any such deferral may not extend beyond the last day of the sixth month beginning after the date of such termination.
(2) A waiver granted under subsection (a)(2) shall terminate not later than 90 days after the date on which the designation of the major disaster or emergency that was the basis for the waiver expires.
**(c) Statutory End Strength.—** In this section, the term “statutory end strength” means any end-strength limitation with respect to a fiscal year that is prescribed by law for any military or civilian component of the armed forces or of the Department of Defense.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In time of national emergency declared by the President after January 1, 1953, or when otherwise authorized by law, an authority designated by the Secretary concerned may, without the consent of the persons concerned, order any unit, and any member not assigned to a unit organized to serve as a unit, in the Ready Reserve under the jurisdiction of that Secretary to active duty for not more than 24 consecutive months.
**(b)** To achieve fair treatment as between members in the Ready Reserve who are being considered for recall to duty without their consent, consideration shall be given to—
(1) the length and nature of previous service, to assure such sharing of exposure to hazards as the national security and military requirements will reasonably allow;
(2) family responsibilities; and
(3) employment necessary to maintain the national health, safety, or interest.
The Secretary of Defense shall prescribe such policies and procedures as he considers necessary to carry out this subsection.
**(c)** Not more than 1,000,000 members of the Ready Reserve may be on active duty, without their consent, under this section at any one time.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12302
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
(1) **Emergency.—** — “Emergency” means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States.
(2) **Major disaster.—** — “Major disaster” means any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this chapter to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.
(3) “United States” means the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(4) “State” means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(5) “Governor” means the chief executive of any State.
(6) **Indian tribal government.—** — The term “Indian tribal government” means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 ([25 U.S.C.
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Federal law — U.S. Code and appendices · legal_authorities
Page 140
TITLE 10—ARMED FORCES
§ 123a
11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under
section 301 of Title 3, The President.
DELEGATION OF AUTHORITY
Authority of President under this section as invoked
by sections 2 and 3 of Ex. Ord. No. 13223, Sept. 14, 2001,
66 F.R. 48201, as amended, delegated to Secretary of De-
fense 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 Home-
land Security by section 5 of Ex. Ord. No. 13223, as
amended, set out as a note under section 12302 of this
title.
§ 123a. Suspension of end-strength and other
strength limitations in time of war or na-
tional emergency
(a) DURING WAR OR NATIONAL EMERGENCY.—(1)
If at the end of any fiscal year there is in effect
a war or national emergency, the President may
waive any statutory end strength with respect
to that fiscal year. Any such waiver may be
issued only for a statutory end strength that is
prescribed by law before the waiver is issued.
(2) When a designation of a major disaster or
emergency (as those terms are defined in section
102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122)) is in
effect, the President may waive any statutory
limit that would otherwise apply during the pe-
riod of the designation on the number of mem-
bers of a reserve component or the Space Force
who are authorized to be on active duty under
subparagraph (A) or (B) of section 115(b)(1) of
this title, if the President determines the waiver
is necessary to provide assistance in responding
to the major disaster or emergency.
(b) TERMINATION OF WAIVER.—(1) Upon the ter-
mination of a war or national emergency with
respect to which the Pres
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 123a
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Federal law — U.S. Code and appendices · legal_authorities
Page 6357
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5122
2000, the President would submit to Congress a report
describing the results of the State Management of
Small Disasters Initiative, including recommendations
concerning State administration of parts of the pro-
gram.
STUDY REGARDING COST REDUCTION
Pub. L. 106–390, title II, § 209, Oct. 30, 2000, 114 Stat.
1571, as amended by Pub. L. 109–139, § 3, Dec. 22, 2005, 119
Stat. 2649, provided that: ‘‘Not later than September 30,
2007, the Director of the Congressional Budget Office
shall complete a study estimating the reduction in
Federal disaster assistance that has resulted and is
likely to result from the enactment of this Act [see
Short Title of 2000 Amendment note above].’’
STUDY OF PARTICIPATION BY INDIAN TRIBES IN
EMERGENCY MANAGEMENT
Pub. L. 106–390, title III, § 308, Oct. 30, 2000, 114 Stat.
1575, required the Director of the Federal Emergency
Management Agency to conduct a study of participa-
tion by Indian tribes in emergency management and
submit a report no later than 1 year after Oct. 30, 2000.
NATIONAL DROUGHT POLICY
Pub. L. 105–199, July 16, 1998, 112 Stat. 641, as amended
by Pub. L. 106–78, title VII, § 753, Oct. 22, 1999, 113 Stat.
1170, known as the ‘‘National Drought Policy Act of
1998’’, established the National Drought Policy Com-
mission to study and submit a report on national
drought policy and terminated the Commission 90 days
after the submission of the report.
RECOMMENDATIONS CONCERNING IMPROVEMENT OF RELA-
TIONSHIPS AMONG DISASTER MANAGEMENT OFFICIALS
Pub. L. 100–707, title I, § 110, Nov. 23, 1988, 102 Stat.
4710, provided that not later than 1 year after Nov. 23,
1988, the President was to recommend to the Congress
proposals to improve the operational and fiscal
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5122
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