Source
(Added Pub. L. 85–861, § 1(2)(A), Sept. 2, 1958, 72 Stat. 1437; amended Pub. L. 86–559, § 1(1), June 30, 1960, 74 Stat. 264; Pub. L. 89–718, § 1, Nov. 2, 1966, 80 Stat. 1115; Pub. L. 90–130, § 1(1), Nov. 8, 1967, 81 Stat. 374; Pub. L. 96–513, title V, §§ 501(3),
511
(1), Dec. 12, 1980, 94 Stat. 2907, 2920; Pub. L. 97–22, § 10(b)(1), July 10, 1981, 95 Stat. 137; Pub. L. 103–337, div. A, title XVI, § 1622(a), Oct. 5, 1994, 108 Stat. 2961; Pub. L. 104–106, div. A, title XV, § 1501(c)(4), Feb. 10, 1996, 110 Stat. 498; Pub. L. 107–107, div. A, title V, § 508(b), Dec. 28, 2001, 115 Stat. 1090.)
Historical and Revision Notes
| Revised section |
Source (U.S. Code) |
Source (Statutes at Large) |
| 123 | 50:1199 (less applicability to National Guard). | Sept. 3, 1954, ch. 1257, § 209 (less applicability to National Guard), 68 Stat. 1152. |
In subsection (b), the words “the same as” are substituted for the word “comparable”, since any necessary differences in the recommended legislation between Reserves and Regulars are fully taken account of in the words “So far as practicable”.
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.
Prior Provisions
Provisions similar to those in this section were contained in section
644 of this title prior to repeal by
Pub. L. 103–337, § 1622(b).
Amendments
2001—Subsec. (d).
Pub. L. 107–107 added subsec. (d).
1996—Subsec. (a).
Pub. L. 104–106 struck out “281, 592, 1002, 1005, 1006, 1007, 1374, 3217, 3218, 3219, 3220, 3352(a) (last sentence),” after “armed force:”, “5414, 5457, 5458, 5506,” after “3855,”, and “8217, 8218, 8219,” after “6410,” and substituted “8855, 10214, 12003, 12004, 12005, 12007, 12202, 12213(a) (second sentence), 12642, 12645, 12646, 12647, 12771, 12772, and 12773” for “and 8855”.
1994—
Pub. L. 103–337 substituted “Authority to suspend officer personnel laws during war or national emergency” for “Suspension of certain provisions of law relating to reserve commissioned officers” as section catchline and amended text generally, substituting subsecs. (a) to (c) for former subsecs. (a) and (b).
1981—Subsec. (a).
Pub. L. 97–22 struck out references to sections
3494 and
8494.
1980—Subsec. (a).
Pub. L. 96–513 struck out references to sections
3571,
3847,
5867,
8370,
8571, and
8847.
1967—Subsec. (a).
Pub. L. 90–130 struck out reference to section
3391.
1966—Subsec. (a).
Pub. L. 89–718 struck out reference to section
5907.
1960—Subsec. (a).
Pub. L. 86–559 inserted references to sections
281,
3855, and
8855 and struck out references to sections
3841,
3842,
3849,
8841,
8842, and
8849.
Effective Date of 1996 Amendment
Section 1501(c) of
Pub. L. 104–106 provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of
Pub. L. 103–337, as originally enacted.
Effective Date of 1994 Amendment
Amendment by
Pub. L. 103–337 effective Oct. 1, 1996, see section 1691(b)(1) of
Pub. L. 103–337, set out as an Effective Date note under section
10001 of this title.
Effective Date of 1981 Amendment
Section 10(b) of
Pub. L. 97–22 provided that the amendment made by that section is effective Sept. 15, 1981.
Effective Date of 1980 Amendment
Amendment by section 501(3) of
Pub. L. 96–513, striking out references to sections
3571,
5867, and
8571, effective Sept. 15, 1981, and amendment by section 511(1) of
Pub. L. 96–513, striking out references to sections
3847,
8370, and
8847, effective Dec. 12, 1980, see section 701 of
Pub. L. 96–513, set out as a note under section
101 of this title.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections
468
(b),
551
(d),
552
(d), and
557 of Title
6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title
6.
Delegation of Functions
Functions of President under this section delegated to Secretary of Defense, see section 1(11) of Ex. Ord. No. 11390, Jan. 22, 1968,
33 F.R.
841, set out as a note under section
301 of Title
3, The President.
Delegation of Authority
Authority of President under this section as invoked by sections 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.