10 U.S. Code § 603 - Appointments in time of war or national emergency
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.”
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 1631 of Title 50, War and National Defense, and that Secretary ensure any authority so delegated be accounted for as required by section 1641 of Title 50, see Ex. Ord. No. 12396, §§ 2, 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a note under section 301 of Title 3, The President.
Ex. Ord. No. 13321, Dec. 17, 2003, 68 F.R. 74465, provided:
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 U.S.C. 1601
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