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10 U.S.C. § 527 — Authority to suspend sections 523, 525, and 526

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 527 — Authority to suspend sections 523, 525, and 526

In time of war, or of national emergency declared by Congress or the President after November 30, 1980, the President may suspend the operation of any provision of section 523, 525, or 526 of this title. So long as such war or national emergency continues, any such suspension may be extended by the President. Any such suspension 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. 1621–162](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1621–162&num=0&edition=prelim)2) which provide that powers or authorities exercised by reason of a national emergency shall cease to be exercised after the date of the termination of the emergency.

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Stable record: federal_law:legal_authorities:record_usc_515e95d0fa96230c57143f78
Source file: Laws/federal/codes/united-states-code/title-10/section-527-authority-to-suspend-sections-523-525-and-526--f8cbaca38f.md
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Passage SHA-256: c3806a450fd412cc004d991404e82382fab271c37cbd147c2a6eee2c54cf2b74

Source location: Title 10, Chapter 32, § 527; chapter-032-officer-strength-and-distribution-in-grade.md

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In time of war, or of national emergency declared by Congress or the President after November 30, 1980, the President may suspend the operation of any provision of section 523, 525, or 526 of this title. So long as such war or national emergency continues, any such suspension may be extended by the President. Any such suspension 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. 1621–162](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1621–162&num=0&edition=prelim)2) which provide that powers or authorities exercised by reason of a national emergency shall cease to be exercised after the date of the termination of the emergency.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12302 — Ready Reserve

**(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

50 U.S.C. § 1641 — Accountability and reporting requirements of President

**(a) Maintenance of file and index of Presidential orders, rules and regulations during national emergency** When the President declares a national emergency, or Congress declares war, the President shall be responsible for maintaining a file and index of all significant orders of the President, including Executive orders and proclamations, and each Executive agency shall maintain a file and index of all rules and regulations, issued during such emergency or war issued pursuant to such declarations. **(b) Presidential orders, rules and regulations; transmittal to Congress** All such significant orders of the President, including Executive orders, and such rules and regulations shall be transmitted to the Congress promptly under means to assure confidentiality where appropriate. **(c) Expenditures during national emergency; Presidential reports to Congress** When the President declares a national emergency or Congress declares war, the President shall transmit to Congress, within ninety days after the end of each six-month period after such declaration, a report on the total expenditures incurred by the United States Government during such six-month period which are directly attributable to the exercise of powers and authorities conferred by such declaration. Not later than ninety days after the termination of each such emergency or war, the President shall transmit a final report on all such expenditures.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1601 — Termination of existing declared emergencies

**(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

50 U.S.C. § 1631 — Declaration of national emergency by Executive order; authority; publication in Federal Register; transmittal to Congress

When the President declares a national emergency, no powers or authorities made available by statute for use in the event of an emergency shall be exercised unless and until the President specifies the provisions of law under which he proposes that he, or other officers will act. Such specification may be made either in the declaration of a national emergency, or by one or more contemporaneous or subsequent Executive orders published in the Federal Register and transmitted to the Congress.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1631

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Federal law — U.S. Code and appendices · legal_authorities

3 U.S.C. § 301 — General authorization to delegate functions; publication of delegations

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

10 U.S.C. § 526 — Authorized strength: general officers and flag officers on active duty

**(a) Limitations.—** The number of general officers on active duty in the Army, Air Force, Marine Corps, and Space Force, and the number of flag officers on active duty in the Navy, may not exceed the number specified for the armed force concerned as follows: (1) For the Army, 219. (2) For the Navy, 150. (3) For the Air Force, 168. (4) For the Marine Corps, 64. (5) For the Space Force, 24. **(b) Limited Exclusion for Joint Duty Requirements.—** (1) **In general.—** — The Secretary of Defense may designate up to 232 general officer and flag officer positions that are joint duty assignments for purposes of chapter 38 of this title for exclusion from the limitations in subsection (a). (2) **Minimum number.—** — Unless the Secretary of Defense determines that a lower number is in the best interest of the Department of Defense, the minimum number of officers serving in positions designated under paragraph (1) for each armed force shall be as follows: (A) For the Army, 75. (B) For the Navy, 53. (C) For the Air Force, 68. (D) For the Marine Corps, 17. (E) For the Space Force, 6. **(c) Exclusion of Certain Officers of Reserve Components and of the Space Force.—** The limitations of this section do not apply to the following: (1) A general or flag officer of a reserve component or of the Space Force who is on active duty— (A) for training; or (B) under a call or order specifying a period of less than 180 days. (2) (A) A general or flag officer of a reserve component who is authorized by the Secretary of the military department concerned to serve on active duty for a period of at least 180 days and not longer than 365 days. (B) The Secretary of the military department concerned may authorize a number, determined under subparagraph (C), of of

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 526

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 10001 — Definition of State

In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12011 — Authorized strengths: reserve officers on active duty or on full-time National Guard duty for administration of the reserves or the National Guard

**(a) Limitations.—** (1) Of the total number of members of a reserve component who are serving on full-time reserve component duty at the end of any fiscal year, the number of those members who may be serving in each of the grades of major, lieutenant colonel, and colonel may not, as of the end of that fiscal year, exceed the number determined in accordance with the following table: Total number of members of a reserve component serving on full-time reserve component duty:Number of officers of that reserve component who may be serving in the grade of: MajorLieutenant ColonelColonel Army Reserve: 10,0001,390740230 11,0001,529803242 12,0001,668864252 13,0001,804924262 14,0001,940984272 15,0002,0751,044282 16,0002,2101,104291 17,0002,3451,164300 18,0002,4791,223309 19,0002,6131,282318 20,0002,7471,341327 21,0002,8771,400336 Army National Guard: 20,0001,500850325 22,0001,650930350 24,0001,7901,010378 26,0001,9301,085395 28,0002,0701,168420 30,0002,2001,245445 32,0002,3301,315460 34,0002,4501,385470 36,0002,5701,455480 38,0002,6701,527490 40,0002,7701,590500 42,0002,8371,655505 Marine Corps Reserve: 1,000996320 1,2001036721 1,3001077022 1,4001117323 1,5001147624 1,6001177925 1,7001208226 1,8001238527 1,9001268828 2,0001299129 2,1001329430 2,2001349731 2,30013610032 2,40014310534 2,50014910935 2,60015511336 2,70016111837 2,80016712239 2,90017312641 3,00017913042 Air Force Reserve 1,000166170100 1,500245251143 2,000322330182 2,500396406216 3,000467479246 3,500536550271 4,000602618292 4,500665683308 5,000726746320 5,500784806325 6,000840864327 7,000962990347 8,0001,0871,110356 10,0001,3221,362395 Air National Guard: 10,000763745333 12,000915923377 14,0001,0651,057402 16,0001,2111,185426 18,0001,3471,313450 20,0001,4631,440468 22,0001,6061,569494 24,0001,7391,697517 26,0001,87

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12011

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12012 — Authorized strengths: senior enlisted members on active duty or on full-time National Guard duty for administration of the reserves or the National Guard

**(a) Limitations.—** Of the total number of members of a reserve component who are serving on full-time reserve component duty at the end of any fiscal year, the number of those members in each of pay grades of E–8 and E–9 who may be serving on active duty under section 10211 or 12310, or on full-time National Guard duty under the authority of [section 502(f) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim) (other than for training) in connection with organizing, administering, recruiting, instructing, or training the reserve components or the National Guard may not, as of the end of that fiscal year, exceed the number determined in accordance with the following table: Total number of members of a reserve component serving on full-time reserve component duty:Number of members of that reserve component who may be serving in the grade of: E–8E–9 Army Reserve: 10,0001,052154 11,0001,126168 12,0001,195180 13,0001,261191 14,0001,327202 15,0001,391213 16,0001,455224 17,0001,519235 18,0001,583246 19,0001,647257 20,0001,711268 21,0001,775278 Army National Guard: 20,0001,650550 22,0001,775615 24,0001,950645 26,0002,100675 28,0002,250715 30,0002,400735 32,0002,500760 34,0002,600780 36,0002,700800 38,0002,800820 40,0002,900830 42,0003,000840 Navy Reserve: 10,000340143 11,000364156 12,000386169 13,000407182 14,000423195 15,000435208 16,000447221 17,000459234 18,000471247 19,000483260 20,000495273 21,000507286 22,000519299 23,000531312 24,000540325 Marine Corps Reserve: 1,1005011 1,2005512 1,3006013 1,4006514 1,5007015 1,6007516 1,7008017 1,8008518 1,9008919 2,0009320 2,1009621 2,2009922 2,30010123 2,40010624 2,50011225 2,60011626 2,70012127 2,80012528 2,90013029 3,00013430 Air Force Reserve: 5007540 1,00014575 1,5

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12012

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