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10 U.S.C. § 12006 — Strength limitations: authority to waive in time of war or national emergency
Federal law — U.S. Code and appendices · legal_authorities
**(a)** In time of war, or of national emergency declared by Congress or the President, the President may suspend the operation of any provision of section 12003, 12004, or 12005 of this title. So long as any such war or national emergency continues, any such suspension may be extended by the President.
**(b)** Any suspension under subsection (a) 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 ([50 U.S.C. 1621](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1621&num=0&edition=prelim), 1622) which provide that powers or authorities exercised by reason of a national emergency shall cease to be exercised after the date of termination of the emergency.
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Stable record: federal_law:legal_authorities:record_usc_506f604218258cb6d597b7e7
Source file: Laws/federal/codes/united-states-code/title-10/section-12006-strength-limitations-authority-to-waive-in-time-of-war-or-national-emerg--2ba65fb221.md
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Source location: Title 10, Chapter 1201, § 12006; chapter-1201-authorized-strengths-and-distribution-in-grade.md
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**(a)** In time of war, or of national emergency declared by Congress or the President, the President may suspend the operation of any provision of section 12003, 12004, or 12005 of this title. So long as any such war or national emergency continues, any such suspension may be extended by the President.
**(b)** Any suspension under subsection (a) 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 ([50 U.S.C. 1621](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1621&num=0&edition=prelim), 1622) which provide that powers or authorities exercised by reason of a national emergency shall cease to be exercised after the date of termination of the emergency.
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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
**(a)** With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such national emergency. Such proclamation shall immediately be transmitted to the Congress and published in the Federal Register.
**(b)** Any provisions of law conferring powers and authorities to be exercised during a national emergency shall be effective and remain in effect (1) only when the President (in accordance with subsection (a) of this section), specifically declares a national emergency, and (2) only in accordance with this chapter. No law enacted after September 14, 1976, shall supersede this subchapter unless it does so in specific terms, referring to this subchapter, and declaring that the new law supersedes the provisions of this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1621
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency, as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim), as a result of the existence of any declaration of national emergency in effect on September 14, 1976, are terminated two years from September 14, 1976. Such termination shall not affect—
(1) any action taken or proceeding pending not finally concluded or determined on such date;
(2) any action or proceeding based on any act committed prior to such date; or
(3) any rights or duties that matured or penalties that were incurred prior to such date.
**(b)** For the purpose of this section, the words “any national emergency in effect” means a general declaration of emergency made by the President.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1601
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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
Page 3633
TITLE 10—ARMED FORCES
§ 12007
(c)(1) The authorized strengths of the Marine
Corps Reserve in officers in an active status in
the grades of colonel, lieutenant colonel, major,
and captain, and in the grades of first lieutenant
and second lieutenant combined, are the fol-
lowing percentages of the total authorized num-
ber of those officers:
Colonel ...................................................
2 percent
Lieutenant colonel .................................
8 percent
Major .....................................................
16 percent
Captain ..................................................
39 percent
First lieutenant and second lieutenant
(when combined with the number au-
thorized for general officer grades
under section 12004 of this title) .........
35 percent.
(2) When the actual number of officers in an
active status in any grade is less than the num-
ber authorized by paragraph (1) for that grade,
the difference may be applied to increase the
number authorized by that paragraph for any
lower grade or grades.
(d)(1) An officer of the Army or Air Force may
not be reduced in grade because of a reduction in
the number of commissioned officers authorized
for the officer’s grade under this section.
(2) An officer of the Navy Reserve or the Ma-
rine Corps Reserve may not be reduced in per-
manent grade because of a reduction in the
number authorized by this section for his grade.
(Added Pub. L. 103–337, div. A, title XVI,
§ 1662(a)(1), Oct. 5, 1994, 108 Stat. 2985; amended
Pub. L. 106–398, § 1 [[div. A], title IV, § 423], Oct.
30, 2000, 114 Stat. 1654, 1654A–96; Pub. L. 108–375,
div. A, title V, § 504, Oct. 28, 2004, 118 Stat. 1875;
Pub. L. 109–163, div. A, title V, § 515(b)(1)(FF),
Jan. 6, 2006, 119 Stat. 3233.)
Editorial Notes
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12006
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Federal law — U.S. Code and appendices · legal_authorities
Page 144
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1621
SAVINGS PROVISION
Pub. L. 94–412, title V, § 501(h), Sept. 14, 1976, 90 Stat.
1258, provided that: ‘‘This section [amending section
1481 of Title 8, Aliens and Nationality and section 2667
of Title 10, Armed Forces, and repealing section 249 of
Title 12, Banks and Banking, section 831d of Title 16,
Conservation, section 1383 of Title 18, Crimes and
Criminal Procedure, and section 211b of Title 42, The
Public Health and Welfare] shall not affect—
‘‘(1) any action taken or proceeding pending not fi-
nally concluded or determined at the time of repeal;
‘‘(2) any action or proceeding based on any act com-
mitted prior to repeal; or
‘‘(3) any rights or duties that matured or penalties
that were incurred prior to repeal.’’
SUBCHAPTER II—DECLARATIONS OF
FUTURE NATIONAL EMERGENCIES
§ 1621. Declaration of national emergency by
President; publication in Federal Register;
effect on other laws; superseding legislation
(a) With respect to Acts of Congress author-
izing the exercise, during the period of a na-
tional emergency, of any special or extraor-
dinary power, the President is authorized to de-
clare such national emergency. Such proclama-
tion shall immediately be transmitted to the
Congress and published in the Federal Register.
(b) Any provisions of law conferring powers
and authorities to be exercised during a national
emergency shall be effective and remain in ef-
fect (1) only when the President (in accordance
with subsection (a) of this section), specifically
declares a national emergency, and (2) only in
accordance with this chapter. No law enacted
after September 14, 1976, shall supersede this
subchapter unless it does so in specific terms,
referring to this subchapter, and declaring that
th
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1621
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