(Added Pub. L. 96–513, title I, § 105,Dec. 12, 1980, 94 Stat. 2850; amended Pub. L. 101–189, div. A, title VI, § 653(a)(2),Nov. 29, 1989, 103 Stat. 1462; Pub. L. 102–190, div. A, title XI, § 1113(b), (d)(1)(A),Dec. 5, 1991, 105 Stat. 1502.)
1991—Pub. L. 102–190
, § 1113(d)(1)(A), substituted “Appointments in time of war or national emergency” for “Commissioned officer grades: time of war or national emergency” in section catchline.
Subsec. (a). Pub. L. 102–190
, § 1113(b), struck out “commissioned” before “officer grade in the Army” and “in warrant officer grades or” before “in grades above major general” and inserted before period at end “, except that an appointment in the grade warrant officer, W–1, shall be made by warrant by the Secretary concerned”.
1989—Subsec. (f). Pub. L. 101–189
substituted “terminates on the earliest of the following:” for “terminates—” in introductory provisions, and made numerous amendments to style and punctuation. Prior to amendment, subsec. (f) read as follows: “Unless sooner terminated, an appointment under this section terminates—
“(1) on the second anniversary of the appointment;
“(2) at the end of the six-month period beginning on the last day of the war or national emergency during which the appointment was made; or
“(3) on the date the person appointed is released from active duty;
whichever is earliest.”
Effective Date of 1991 Amendment
Amendment by Pub. L. 102–190
effective Feb. 1, 1992, see section 1132 ofPub. L. 102–190
, set out as a note under section
of this title.
Delegation of Functions
Functions of President under subsecs. (a) and (b) to make or vacate certain temporary commissioned appointments delegated to Secretary of Defense to perform during a time of war or national emergency, without approval, ratification, or other action by President, and with authority for Secretary to redelegate, provided that, during a national emergency declared by President, exercise of any such authority be specifically directed by President in accordance with section
, War and National Defense, and that Secretary ensure any authority so delegated be accounted for as required by section
, see Ex. Ord. No. 12396, §§ 2,
3, Dec. 9, 1982, 47
, 55898, set out as a note under section
, The President.
Ex. Ord. No. 13321. Appointments During National Emergency
Ex. Ord. No. 13321, Dec. 17, 2003, 68
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Emergencies Act (50
et seq.), and section
, United States Code, and in order to further respond to the national emergency I declared in Proclamation 7463 of September 14, 2001 [50
U.S.C. 1621 note
], I hereby order as follows:
Section 1. Emergency Appointments Authority. The emergency appointments authority at section
, United States Code, is invoked and made available to the Secretary of Defense in accordance with the terms of that statute and of Executive Order 12396 of December 9, 1982 [3
U.S.C. 301 note
Sec. 2. Judicial Review. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, entities, officers, employees or agents, or any person.
Sec. 3. Administration. This order shall be transmitted to the Congress and published in the Federal Register.
George W. Bush.