PRIA, Government Policy, Made Personal

Summary

The President can temporarily set aside legal limits on how many people can serve in the military or as Department of Defense civilians for a fiscal year when a war or national emergency is in effect. The waiver only applies to limits that were written into law before the waiver is made. If a major disaster or emergency is declared under the Stafford Act, the President can also waive limits on how many reserve members or Space Force members may be ordered to active duty to help with the response. When the war or national emergency ends, the President may delay putting the legal limits back in place for up to the last day of the sixth month after the end. A waiver tied to a Stafford Act disaster ends no later than 90 days after that declaration expires. Statutory end strength: any law-set cap on personnel numbers for a fiscal year for military or DOD components.

Title 10, §123a

Armed Forces, Source: USLM XML via OLRC

(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 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, 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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 115(b)(4) of this title, prior to repeal by Pub. L. 101–510, § 1483(a).

Amendments

2023—Subsec. (a)(2). Pub. L. 118–31 inserted “or the Space Force” after “a reserve component”. 2008—Pub. L. 110–417 in section catchline substituted “Suspension of end-strength and other strength limitations in time of war or national emergency” for “Suspension of end-strength limitations in time of war or national emergency”, in subsec. (a) designated existing provisions as par. (1) and added par. (2), and in subsec. (b) substituted “Termination of Waiver” for “Upon Termination of War or National Emergency” in heading, designated existing provisions as par. (1), substituted “subsection (a)(1)” for “subsection (a)”, and added par. (2). 2001—Pub. L. 107–107 amended text generally. Prior to amendment, text read as follows: “If at the end of any fiscal year there is in effect a war or national emergency, the President may defer the effectiveness of any end-strength limitation with respect to that fiscal year prescribed by law for any military or civilian component of the armed forces or of the Department of Defense. Any such deferral may not extend beyond November 30 of the following fiscal year.”

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, and authority of President under this section as invoked by section 2 of Ex. Ord. No. 13223 delegated to Secretary of Homeland 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 National Emergency