---
kind: "section"
citation: "10 U.S.C. § 12006"
title: "10"
title_heading: "Armed Forces"
number: "12006"
heading: "Strength limitations: authority to waive in time of war or national emergency"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/12006"
units:
  - "Subtitle E — Reserve Components"
  - "Part II — Personnel Generally"
  - "Chapter 1201 — Authorized Strengths and Distribution in Grade"
---

# §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](/usc/10/12003.md), [12004](/usc/10/12004.md), or [12005](/usc/10/12005.md) 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)](#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](/usc/50/1621.md), 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.

## Source credit

(Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2986.)

## Notes

### Editorial Notes

### 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.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

### Executive Documents

### 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, set out as a note under section 12302 of this title.