§12006 — Title 10 Armed Forces | U.S. Code

Summary

The President may stop any rule in sections 12003, 12004, or 12005 from working during a time of war or a national emergency declared by Congress or by the President. While the war or emergency lasts, the President can keep extending that suspension. Any suspension ends either at the end of two years from when the suspension (or its last extension) began, or at the end of one year after the war or emergency ends, whichever comes first. That timing rule replaces the part of the National Emergencies Act that would otherwise end powers when the emergency ends.

Title 10, §12006

Armed Forces — Source: USLM XML via OLRC

(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, 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Emergencies Act, referred to in subsec. (b), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, as amended. Title II of the Act is classified generally to subchapter II (§ 1621 et seq.) of chapter 34 of Title 50, War and National Defense. For complete classification of this Act to the Code, see

Short Title

note set out under section 1601 of Title 50 and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

Executive Documents

Delegation of Authority Authority of President under this section as invoked by section 2 and 3 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as amended, delegated to Secretary of Defense by section 4 of Ex. Ord. No. 13223, set out as a note under section 12302 of this title.

§12006 Strength Limitations: Authority to Waive in Time of War or National Emergency