§111. Suspension of certain provisions of this title

In time of war, or of emergency declared by Congress, the President may suspend the operation of any provision of sections 307(e), 309, 310, and 323(d) and (e) ¹ of this title with respect to the Army National Guard or the Air National Guard.

(Added Pub. L. 85–861, §2(3), Sept. 2, 1958, 72 Stat. 1543 .)

Reference to the exception in section 307(a) is omitted as unnecessary because a suspension of section 307(e) of this title, or of section 8365 or 8366 of Title 10, will in effect suspend that exception so far as it refers to the suspended section. A reference to the remainder of section 307(a) is omitted as unnecessary because the general rule that it states exists independently of that part of the source law for section 307(a) that is suspendible under this section. A reference to section 307(f) is omitted as unnecessary because a suspension of section 307(e) will in effect suspend section 307(f) so far as it applies to section 307(e). 50:1199 (2d sentence) is omitted as inapplicable to the National Guard.

Editorial Notes

References in Text

Section 323(e) of this title, referred to in text, was repealed by Pub. L. 103–337, div. A, title XVI, §1630(2), Oct. 5, 1994, 108 Stat. 2964 .

Executive Documents

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.

¹ See References in Text note below.