US State of Emergency Order

An Updated Report On Proclamation 7463

 
UPDATE: Obama Continues 9/11 State of Emergency Order, 15 Years After
NewsFocus - 090916

For the 15th year in a row, a US president has extended the State of Emergency (SOE) on this country. This time he did it 11 days early. The order continues the post-9/11 emergency, which extends the secret emergency powers that were grabbed by the government and keeps a special regiment of US National Guard soldiers in active duty, and the president with the power to dismiss any military official the rank of 1-star general and under. This amounts to a serious power grab. (Read the order)

According to USA Today:

There are now 32 states of national emergency pending in the United
States, with the oldest being a 1979 emergency declared by President Jimmy
Carter to impose sanctions during the Iran hostage crisis. Most are used
to impose economic sanctions — mostly as a formality, because Congress
requires it under the International Emergency Economic Powers Act.

Obama Continues 9/11 State of Emergency Order
 When Does the Orchestrated Fear and Nonsense End?
 NewsFocus, Op/Ed by Tim Watts - 091115

For the 15th time since September 14, 2001, a US president has signed a National Emergency Order regarding the attacks of 9/11. President Barack Obama made it official on September 10th, extending the state of emergency from 9/11, 2001, to September of 2016.

George W. Bush signed the emergency order eight times, every year from 9/11, 2001 through 2008.

Barack Obama has fulfilled his obligation to the powers that be by continuing to sign this document a total of seven times, every year that he has been in office.

Any bets on whether or not Obama will sign it again in September of 2016?

This is the proclamation that more Americans should know about, because it is an official State of Emergency Order (SOE) which carries the power and ability to gravely threaten or wholly rescind your Constitutional rights.

CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO CERTAIN TERRORIST ATTACKS
Consistent with section 202(d) of the National Emergencies Act, 50 U.S.C. 1622(d), I am continuing for 1 year the national emergency previously declared on September 14, 2001, in Proclamation 7463, with respect to the terrorist attacks of September 11, 2001, and the continuing and immediate threat of further attacks on the United States.
Because the terrorist threat continues, the national emergency declared on September 14, 2001, and the powers and authorities adopted to deal with that emergency must continue in effect beyond September 14, 2015. Therefore, I am continuing in effect for an additional year the national emergency that was declared on September 14, 2001, with respect to the terrorist threat.
This notice shall be published in the Federal Register and
transmitted to the Congress.

THE WHITE HOUSE,
September 10, 2015.

The above text may not sound threatening to your world, but that's only because this proclamation is simply the framing for the real intent behind the act.

Proclamation 7463
—
Declaration of National Emergency by Reason of Certain Terrorist Attacks
September 14, 2001
By the President of the United States of America

A Proclamation
A national emergency exists by reason of the terrorist attacks at the World Trade Center, New York, New York, and the Pentagon, and the continuing and immediate threat of further attacks on the United States.

Now, Therefore, I, George W. Bush, President of the United States of America, by virtue of the authority vested in me as President by the Constitution and the laws of the United States, I hereby declare that the national emergency has existed since September 11, 2001, and, pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.), I intend to utilize the following statutes: sections 123, 123a, 527, 2201(c), 12006, and 12302 of title 10, United States Code, and sections 331, 359, and 367 of title 14, United States Code.

This proclamation immediately shall be published in the Federal Register or disseminated through the Emergency Federal Register, and transmitted to the Congress.

This proclamation is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

In Witness Whereof, I have hereunto set my hand this fourteenth day of September, in the year of our Lord two thousand one, and of the Independence of the United States of America the two hundred and twenty-sixth.

George W. Bush

[Filed with the Office of the Federal Register, 8:45 a.m., September 17, 2001]

NOTE: This proclamation will be published in the Federal Register on September 18.

http://www.gpo.gov/fdsys/pkg/WCPD-2001-09-17/pdf/WCPD-2001-09-17-Pg1310.pdf
 

Again, not a ton of scary stuff, until you look into what is being referenced, the National Emergency Act and the President's ability to wage war. [PDF]

Bush stated in Proclamation 7463... "pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.), I intend to utilize the following statutes:

  • sections 123, 123a, 527, 2201(c), 12006, and 12302 of title 10, United States Code, and...
     
  • sections 331, 359, and 367 of title 14, United States Code.

[ View these specified sections below ]

These are actions that were, at that time, supposed to have been germane specifically to the attacks of September 11, 2001, and any immediate threat from its wake, yet fifteen years later this 9/11 State of Emergency Order still exists. 

Now let me ask you one question. Are things as bad now as they were on 9/11?

Seriously... a national state of crisis, unbridled chaos, and a dire emergency... all threatening us at this time?

Enough to continue this anti-Constitutional madness for fifteen straight years?

Most Americans don't think so, yet George W. Bush and Barack H. Obama have repeatedly signed this little known SOE, over and over again, every single year; a bill that should be debated by the US Congress, or better yet, put to a vote by "we the people."

CONTINUATION OF THE NATIONAL EMERGENCY ORDER
Notice of President of the United States, dated Sept. 10, 2015, 80 F.R. 23108
Notice of President of the United States, dated Sept. 4, 2014, 79 F.R. 53279
Notice of President of the United States, dated Sept. 10, 2013, 78 F.R. 56581
Notice of President of the United States, dated Sept. 11, 2012, 77 F.R. 56517
Notice of President of the United States, dated Sept. 9, 2011, 76 F.R. 56633.
Notice of President of the United States, dated Sept. 10, 2010, 75 F.R. 55661
Notice of President of the United States, dated Sept. 10, 2009, 74 F.R. 46883
Notice of President of the United States, dated Aug. 28, 2008, 73 F.R. 51211
Notice of President of the United States, dated Sept. 12, 2007, 72 F.R. 52465
Notice of President of the United States, dated Sept. 5, 2006, 71 F.R. 52733
Notice of President of the United States, dated Sept. 8, 2005, 70 F.R. 54229
Notice of President of the United States, dated Sept. 10, 2004, 69 F.R. 55313
Notice of President of the United States, dated Sept. 10, 2003, 68 F.R. 53665
Notice of President of the United States, dated Sept. 12, 2002, 67 F.R. 58317
Notice of President of the United States, dated Sept. 14, 2001, 66 F.R. 48199

In lieu of the fact that over 81% of Americans do not believe the official story regarding the events of 9/11, the US government continues to perpetuate its unprecedented War on Terror, arguably the greatest con-job/money-grab for defense funding that has ever existed.

If you haven't figured it out by now, this never ending nebulous War on "Terror" was set up to erect a US police state and also to be a never ending money trough for the defense contractors to get fat off of.

For the last 15 years, that is exactly what has happened as defense budgets have more than doubled since 9/11.

Don't think for one minute though that this is all just about money. This is also a power grab. As long as the emergency remains in effect, the President has war powers that he can use at his discretion.

...the provisions of title II of the National Emergencies Act (50 U.S.C. 1621–1622) which provides that powers or authorities exercised by reason of a national emergency shall cease to be exercised after the date of the termination of the emergency.

It would appear that both Bush and Obama were inclined to keep the extra power because they both perpetuated the emergency every single year, to this very day.

The undeniable winners in all of this are those of the military industrial complex. They alone reap the lavish rewards of the War on Terror's trillion-dollar payout.

Yet the biggest blow of this concocted war has not been laid upon that of al Qaeda or ISIS. The largest wound has been delivered point-blank to the US Constitution and its hallowed Bill of Rights, and at this time, it's hemorrhaging quite severely.

The losers of course in all of this are without any shadow of a doubt "we the people."

At this point, it's safe to say that Eisenhower was right with his farewell warning about the military industrial complex, as was Kennedy, because he also echoed Ike's warning with one of his own, just three months later. It wasn't prescience for either, as much as it was recognition of a current growing threat.

A heavily vested multi-billion dollar war industry has long been erected since WWII, but now we have the advent of a new security and defense infrastructure since 9/11. This has literally spawned an enormous three-pronged military monster, a ravenous three-headed hydra, which now eats freely from the money trough that is the conjured War on Terror, hungrily devouring defense funding like it was Pez candy.

The military industrial complex (MIC) that exists within the US government has always been intimately entwined with private industry contractors, but the newest component of a vast "security" industry, has now made it a triad, forming the following...

  • Gov MIC: DOD, NRO, NSA, CIA, FBI, DARPA, etc.
  • Contractors: Raytheon, Lockheed, Northrup Gruman, etc.
  • Security: G4S, Academi, DynaCorp, KBR, etc

Needless to say, these are some pretty hungry mouths to feed.

And so the question we all need to demand an answer for is, when will it all stop?

When will this 15-year old 9/11 state of emergency here in the US finally stop?

Do any of you ever ask yourself that very basic, fundamental question?

When will the terror of 9/11 finally be over? When will it be safe?

When will the US military officially wipe out "terror" in the world? (As if that's really possible to begin with.)

So when will this bogus, overblown War on Terror finally come to an end?

I think from what we've seen so far, they clearly do not ever want it to end, but if it ever does, it will probably happen the day that Congress has the balls to finally say no to a fabricated, bullshit, nebulous, open-ended war for profit and power.

Until then, don't hold your breath.

~

Ed Note: This article is but only the tip of the iceberg. This research is far from complete. Proclamation 7463 has many more links which extend the multiple facets of this heinous SOE declaration.

  • As long as a state of emergency exists in this country, the 20,000-plus National Guard and reserve troops are still bound to active duty.
     
  • Under a national emergency as such, the US President now gets to designate military commanders under the rank of 2-star general. This is essentially dictatorial control over the military. This would eliminate dissension among the ranks.

See also: What Is The War On Terror?

Return to NewsFocus.org
 
 
 
TITLE 10 & TITLE 14
TITLE 10
§ 12006. Strength limitations: authority to waive in time of
war or national emergency
(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.
(Added Pub. L. 103–337, div. A, title XVI, Sec. 1662(a)(1), Oct. 5, 1994, 108 Stat. 2986.)
 

12003. Authorized strengths: commissioned officers in an active status.
12004. Strength in grade: reserve general and flag officers in an active status.
12005. Strength in grade: commissioned officers in grades below brigadier general or rear admiral (lower half) in an active status.

§ 12302. Ready Reserve
(a) In time of national emergency declared by the President after January 1, 1953, or when otherwise authorized by law, an authority designated by the Secretary concerned may, without the consent of the persons concerned, order any unit, and any member not assigned to a unit organized to serve as a unit, in the Ready Reserve under the jurisdiction of that Secretary to active duty for not more than 24 consecutive months.
(b) To achieve fair treatment as between members in the Ready Reserve who are being considered for recall to duty without their consent, consideration shall be given to—
(1) the length and nature of previous service, to assure such sharing of exposure to hazards as the national security and military requirements will reasonably allow;
(2) family responsibilities; and
(3) employment necessary to maintain the national health, safety, or interest. The Secretary of Defense shall prescribe such policies and procedures as he considers necessary to carry out this subsection. He shall report on those policies and procedures at least once a year to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.
(c) Not more than 1,000,000 members of the Ready Reserve
may be on active duty, without their consent, under this section at
any one time.
(Aug. 10, 1956, ch. 1041, 70A Stat. 28, Sec. 673; Pub. L. 85–861, Secs. 1(14), 33(a)(5), Sept. 2,
1958, 72 Stat. 1441, 1564; Pub. L. 93–155, title III, Sec. 303(a), Nov. 16, 1973, 87 Stat. 607;
renumbered Sec. 12302, Pub. L. 103–337, div. A, title XVI, Sec. 1662(e)(2), Oct. 5, 1994, 108
Stat. 2992; Pub. L. 104–106, div. A, title XV, Sec. 1502(a)(2), Feb. 10, 1996, 110 Stat. 502; Pub.
L. 106–65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A,
title X, Sec. 1031(a)(61), Nov. 24, 2003, 117 Stat. 1603; Pub. L. 108–375, div. A, title V, Sec.
514(b), Oct. 28, 2004, 118 Stat. 1883.)
 
§ 123. Authority to suspend officer personnel laws during
war or national emergency
(a) In time of war, or of national emergency declared by Congress or the President after November 30, 1980, the President may suspend the operation of any provision of law relating to the promotion, involuntary retirement, or separation of commissioned officers of the Army, Navy, Air Force, Marine Corps, or Coast Guard Reserve. So long as such war or national emergency continues, any such suspension may be extended by the President.
(b) Any such suspension 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 provides that powers or authorities exercised by reason of a national emergency shall cease to be exercised after the date of the termination of the emergency.
(c) If a provision of law pertaining to the promotion of reserve officers is suspended under this section and if the Secretary of Defense submits to Congress proposed legislation to adjust the grades and dates of rank of reserve commissioned officers other than commissioned warrant officers, such proposed legislation shall, so far as practicable, be the same as that recommended for adjusting the grades and dates of rank of officers of the regular component of the armed force concerned.
(d) Upon the termination of a suspension made under the authority of subsection (a) of a provision of law otherwise requiring the separation or retirement of officers on active duty because of age, length of service or length of service in grade, or failure of selection for promotion, the Secretary concerned shall extend by up to 90 days the otherwise required separation or retirement date of any officer covered by the suspended provision whose separation or retirement date, but for the suspension, would have been before the date of the termination of the suspension or within 90 days after the date of such termination.
(Added Pub. L. 85–861, Sec. 1(2)(A), Sept. 2, 1958, 72 Stat. 1437, and amended Pub. L. 86–559, Sec. 1(1), June 30, 1960, 74 Stat. 264; Pub. L. 89–718, Sec. 1, Nov. 2, 1966, 80 Stat. 1115; Pub. L. 90–130, Sec. 1(1), Nov. 8, 1967, 81 Stat. 374; Pub. L. 96–513, title V, Secs. 501(3), 511(1), Dec. 12, 1980, 94 Stat. 2907, 2920; Pub. L. 97–22, Sec. 10(b)(1), July 10, 1981, 95 Stat. 137; Pub. L. 103–337, div. A, title XVI, Sec. 1622(a), Oct. 5, 1994, 108 Stat. 2961; Pub. L. 104–106, div. A, title XV, Sec. 1501(c)(4), Feb. 10, 1996, 110 Stat. 498; Pub. L. 107–107, div. A, title V, Sec. 508(b), Dec. 28, 2001, 115 Stat. 1090.)
 
§ 123a. Suspension of end-strength and other strength limitations in time of war or national emergency
(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 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.
(Added Pub. L. 101–510, div. A, title XIV, Sec. 1483(b)(1), Nov. 5, 1990, 104 Stat. 1715; amended Pub. L. 107–107, div. A, title IV, Sec. 421(b), Dec. 28, 2001, 115 Stat. 1076; Pub. L. 110–417, [div. A], title IV, Sec. 416(a)–(c)(1), Oct. 14, 2008, 122 Stat. 4430.)
 
§ 527. Authority to suspend sections 523, 525, and 526
In time of war, or of national emergency declared by Congress or the President after November 30, 1980, the President may suspend the operation of any provision of section 523, 525, or 526 of this title. So long as such war or national emergency continues, any such suspension may be extended by the President. Any such suspension 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 the termination of the emergency.
(Added Pub. L. 96–513, title I, Sec. 103, Dec. 12, 1980, 94 Stat. 2845, Sec. 526; renumbered Sec. 527 and amended Pub. L. 100–370, Sec. 1(b)(1)(A), (2), July 19, 1988, 102 Stat. 840; Pub. L. 103–337, div. A, title XVI, Sec. 1671(c)(4), Oct. 5, 1994, 108 Stat. 3014.)
 
523. Authorized strengths: commissioned officers on active duty in grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain.
[524. Renumbered.]
525. Distribution of commissioned officers on active duty in general officer and flag officer grades.
526. Authorized strength: general and flag officers on active duty.
 
§ 2201. Apportionment of funds: authority for exemption; excepted expenses
(a) EXEMPTION FROM APPORTIONMENT REQUIREMENT
.—If the President determines such action to be necessary in the interest of national defense, the President may exempt from the provisions of section 1512 of title 31 appropriations, funds, and contract authorizations available for military functions of the Department of Defense.
(b) AIRBORNE ALERTS
.—Upon a determination by the President that such action is necessary, the Secretary of Defense may provide for the cost of an airborne alert as an excepted expense under section 6301(a) and (b)(1)–(3) of title 41.
(c) MEMBERS ON ACTIVE DUTY
.—Upon a determination by the President that it is necessary to increase (subject to limits imposed by law) the number of members of the armed forces on active duty beyond the number for which funds are provided in appropriation Acts for the Department of Defense, the Secretary of Defense may provide for the cost of such additional members as an excepted expense under section 6301(a) and (b)(1)–(3) of title 41.
(d) NOTIFICATION TO CONGRESS
.—The Secretary of Defense shall immediately notify Congress of the use of any authority under this section.
(Added Pub. L. 100–370, Sec. 1(d)(1)(A), July 19, 1988, 102 Stat. 841; amended Pub. L. 106–
65, div. A, title X, Sec. 1032(a)(1), Oct. 5, 1999, 113 Stat. 751; Pub. L. 111–350, Sec. 5(b)(4)
Jan. 4, 2011, 124 Stat. 3842.)
 
§ 12006. Strength limitations: authority to waive in time of
war or national emergency
(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.
(Added Pub. L. 103–337, div. A, title XVI, Sec. 1662(a)(1), Oct. 5, 1994, 108 Stat. 2986.)
 
 
Source: http://armedservices.house.gov/index.cfm/files/serve?File_id=8f86265a-e2dd-482c-a4f6-72b9a0e1b2d9
 
TITLE 14
§331. Recall to active duty during war or national emergency

In time of war or national emergency, the Secretary may order any regular officer on the retired list to active duty.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 189.)

Delegation of Authority

For delegation of authority under this section, as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as amended, to Secretary of Homeland Security when Coast Guard is not serving as part of Navy, see section 5 of Ex. Ord. No. 13223, set out as a note under section 12302 of Title 10, Armed Forces.
 
§359. Recall to active duty during war or national emergency

In times of war or national emergency, the Commandant may order any enlisted member on the retired list to active duty.

(Aug. 4, 1949, ch. 393, 63 Stat. 522; Aug. 3, 1950, ch. 536, §18, 64 Stat. 407; Pub. L. 98–557, §15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865.)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §185c (May 24, 1939, ch. 146, §4, 53 Stat. 755).

This section was changed so as to make provisions for enlisted men parallel to similar provisions for commissioned and warrant officers (see §§240 and 310 of the revised title). It seems fair and equitable that similar provisions should apply to all classes of personnel insofar as practicable. 81st Congress, House Report No. 557.

Amendments

1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man.

1950—Act Aug. 3, 1950, struck out all references to pay.

Delegation of Authority

For delegation of authority under this section, as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as amended, to Secretary of Homeland Security when Coast Guard is not serving as part of Navy, see section 5 of Ex. Ord. No. 13223, set out as a note under section 12302 of Title 10, Armed Forces.
 
§367. Detention beyond term of enlistment

Under regulations prescribed by the Secretary, an enlisted member may be detained in the Coast Guard beyond the term of his enlistment:

(1) until the first arrival of the vessel on which he is serving at its permanent station, or at a port in a State of the United States or in the District of Columbia; or

(2) if attached to a shore station beyond the continental limits of the United States or in Alaska, until his first arrival at a port in any State of the United States or in the District of Columbia where his reenlistment or discharge may be effected, or until he can be discharged or reenlisted at his station beyond the continental limits of the United States or in Alaska, whichever is earlier, but in no event to exceed three months; or

(3) during a period of war or national emergency as proclaimed by the President, and, in the interest of national defense, for a period not to exceed six months after the end of the war or the termination of the emergency; or

(4) for a period of not exceeding thirty days in other cases whether or not specifically covered by this section, when essential to the public interests, and the determination that such detention is essential to the public interests, made in accordance with regulations prescribed by the Secretary, shall be final and conclusive.

Any member detained in the Coast Guard as provided in this section shall be entitled to receive pay and allowances and benefits under the same conditions as though his enlistment period had not expired, and shall be subject in all respects to the laws and regulations for the government of the Coast Guard until his discharge there from. Enlisted members detained under the provisions of clause (1) shall be entitled to the pay and allowances provided for enlisted personnel of the Navy detained under similar circumstances.

(Aug. 4, 1949, ch. 393, 63 Stat. 523; Aug. 3, 1950, ch. 536, §22, 64 Stat. 407; July 24, 1956, ch. 692, §§2(4), 3, 70 Stat. 631; Pub. L. 98–557, §§15(a)(3)(A), (C), 17(b)(4), Oct. 30, 1984, 98 Stat. 2865, 2868.)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §§35, 35a, 35c (May 26, 1906, ch. 2556, §1, 34 Stat. 200; Jan. 28, 1915, ch. 20, §1, 38 Stat. 800; July 30, 1937, ch. 545, §1, 50 Stat. 547; July 11, 1941, ch. 290, §8, 55 Stat. 586; Aug. 18, 1941, ch. 364, §3, 55 Stat. 629; Dec. 13, 1941, ch. 570, §5, 55 Stat. 799).

Section 35 of title 14, U.S.C., 1946 ed., has been divided. The proviso of subsection (a) is covered by subsection (b) of this section. Subsections (c) and (d) are placed in subsection (a) of this section, except that part (3) of subsection (c) is covered in section 366 of this title. The first sentence of subsection (a) is placed in section 351 of this title. Subsection (b) is placed in section 365 of this title.

Changes were made in phraseology. 81st Congress, House Report No. 557.

Amendments

1984—Pub. L. 98–557 struck out subsec. "(a)" designation; in provisions preceding cl. (1) substituted "enlisted member" for "enlisted man"; and in provisions following cl. (4) substituted "member detained" for "person detained", "Enlisted members" for "Enlisted men", and "clause (1)" for "(1) of this subsection".

1956—Subsec. (a). Act July 24, 1956, §§2(4), 3, repealed cl. (3) permitting detention of enlisted members beyond term of their enlistment while waiting disciplinary action or trial and disposition of their case, struck out provisions prohibiting payment of pay or allowances for any period beyond term of enlistment if trial of such members results in conviction, and redesignated cls. (4) and (5) as (3) and (4), respectively. See section 972(a) of Title 10, Armed Forces.

Subsecs. (b), (c). Act July 24, 1956, §2(4), repealed subsecs. (b) and (c) which required enlisted members to make good time lost by unauthorized absence from duty, or by confinement under sentence or pending trial, or by reason of sickness resulting from misconduct. See section 972(a) of Title 10.

1950—Subsec. (c). Act Aug. 3, 1950, added subsec. (c).

Delegation of Authority

For delegation of authority under this section, as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as amended, to Secretary of Homeland Security when Coast Guard is not serving as part of Navy, see section 5 of Ex. Ord. No. 13223, set out as a note under section 12302 of Title 10, Armed Forces.
 
Source: http://uscode.house.gov/view.xhtml?path=/prelim@title14/part1&edition=prelim
 
See also: Executive Order 13581