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10 U.S.C. § 12305 — Authority of President to suspend certain laws relating to promotion, retirement, and separation
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Stable record: federal_law:legal_authorities:record_usc_39e990b909756f4f1cef4170
Source file: Laws/federal/codes/united-states-code/title-10/section-12305-authority-of-president-to-suspend-certain-laws-relating-to-promotion-ret--95bd4bc8a1.md
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Source location: Title 10, Chapter 1209, § 12305; chapter-1209-active-duty.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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Federal law — U.S. Code and appendices · legal_authorities
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Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 673c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Transitional Health Care.—**
(1) For the time period described in paragraph (4), a member of the armed forces who is separated from active service as described in paragraph (2) (and the dependents of the member) shall be entitled to receive—
(A) except as provided in paragraph (3), medical and dental care under [section 1076 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1076&num=0&edition=prelim) in the same manner as a dependent described in subsection (a)(2) of such section; and
(B) health benefits contracted under the authority of [section 1079(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1079/a&num=0&edition=prelim) and subject to the same rates and conditions as apply to persons covered under that section.
(2) This subsection applies to the following members of the armed forces:
(A) A member who is involuntarily separated from active duty.
(B) A member of a reserve component who is separated from active duty to which called or ordered under [section 12304b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12304b&num=0&edition=prelim) or a provision of law referred to in [section 101(a)(13)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a/13/B&num=0&edition=prelim) if the active duty is active duty for a period of more than 30 days.
(C) A member who is separated from active duty for which the member is involuntarily retained under [section 12305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12305&num=0&edition=prelim) in support of a contingency operation.
(D) A member who is separated from active duty served purs
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1145
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligible for Special Pay.—** A health care officer described in subsection (b) shall be eligible for special pay under section 302, 302a, 302b, 302c, 302e, or 303 of this title (whichever applies) notwithstanding any requirement in those sections that—
(1) the call or order of the officer to active duty be for a period of not less than one year; or
(2) the officer execute a written agreement to remain on active duty for a period of not less than one year.
**(b) Health Care Officers Described.—** A health care officer referred to in subsection (a) is an officer of the armed forces who is otherwise eligible for special pay under section 302, 302a, 302b, 302c, 302e, or 303 of this title and who—
(1) is a reserve officer on active duty (other than for training) under a call or order to active duty for a period of more than 30 days but less than one year;
(2) is involuntarily retained on active duty under [section 12305 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12305&num=0&edition=prelim), or is recalled to active duty under [section 688 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section688&num=0&edition=prelim) for a period of more than 30 days; or
(3) voluntarily agrees to remain on active duty for a period of less than one year at a time when—
(A) officers are involuntarily retained on active duty under [section 12305 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12305&num=0&edition=prelim); or
(B) the Secretary of Defense determines (pursuant to regulations prescribed by the Secretary) that special circumstances justify the payment of special pay under this section.
**(c) Monthly Payments.—** Payment of special pay pursuant t
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 302f
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is established a Department of Homeland Security, as an executive department of the United States within the meaning of title 5.
**(b) Mission**
(1) **In general** — The primary mission of the Department is to—
(A) prevent terrorist attacks within the United States;
(B) reduce the vulnerability of the United States to terrorism;
(C) minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the United States;
(D) carry out all functions of entities transferred to the Department, including by acting as a focal point regarding natural and manmade crises and emergency planning;
(E) ensure that the functions of the agencies and subdivisions within the Department that are not related directly to securing the homeland are not diminished or neglected except by a specific explicit Act of Congress;
(F) ensure that the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland;
(G) ensure that the civil rights and civil liberties of persons are not diminished by efforts, activities, and programs aimed at securing the homeland; and
(H) monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking.
(2) **Responsibility for investigating and prosecuting terrorism** — Except as specifically provided by law with respect to entities transferred to the Department under this chapter, primary responsibility for investigating and prosecuting acts of terrorism shall be vested not in the Department, but rather in Federal, State, and local law enforcement agencies with jurisdiction over the acts in question.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 122
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Federal law — U.S. Code and appendices · legal_authorities
Page 3670
TITLE 10—ARMED FORCES
§ 12305
1 See References in Text note below.
under subsection (a), the service of all units so
ordered to active duty may be terminated—
(1) by order of the Secretary of the military
department concerned; or
(2) by law.
(f) RELATIONSHIP
TO
WAR
POWERS
RESOLU-
TION.—Nothing contained in this section shall be
construed as amending or limiting the applica-
tion of the provisions of the War Powers Resolu-
tion (50 U.S.C. 1541 et seq.).
(g) CONSIDERATIONS
FOR INVOLUNTARY ORDER
TO ACTIVE DUTY.—In determining which units of
the Selected Reserve will be ordered to duty
without their consent under this section, appro-
priate consideration shall be given to—
(1) the length and nature of previous service,
to assure such sharing of exposure to hazards
as national security and military require-
ments will reasonably allow;
(2) the frequency of assignments during serv-
ice career;
(3) family responsibilities; and
(4) employment necessary to maintain the
national health, safety, or interest.
(h) POLICIES
AND
PROCEDURES.—The Secre-
taries of the military departments shall pre-
scribe policies and procedures to carry out this
section, including on determinations with re-
spect to orders to active duty under subsection
(g). Such policies and procedures shall not go
into effect until approved by the Secretary of
Defense.
(i) DEFENSE BUDGET MATERIALS DEFINED.—In
this section, the term ‘‘defense budget mate-
rials’’ has the meaning given that term in sec-
tion 231(f)(2) 1 of this title.
(Added Pub. L. 112–81, div. A, title V, § 516(a)(1),
Dec. 31, 2011, 125 Stat. 1395; amended Pub. L.
112–239, div. A, title X, § 1014(b), Jan. 2, 2013, 126
Stat. 1908; Pub. L. 118–31, div. A, title V, § 513,
Dec. 22, 2023, 137 Stat. 245.)
Editorial Note
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12305
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.