2018 US Code
Title 33 - Navigation and Navigable Waters
Chapter 43 - National Oceanic and Atmospheric Administration Commissioned Officer Corps
Subchapter IV - Service of Officers With the Military Departments
Sec. 3061 - Cooperation with and transfer to military departments

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Citation 33 U.S.C. § 3061 (2018)
Section Name §3061. Cooperation with and transfer to military departments
Section Text (a) Transfers of resources and officers during national emergency (1) Transfers authorized

The President may, whenever in the judgment of the President a sufficient national emergency exists, transfer to the service and jurisdiction of a military department such vessels, equipment, stations, and officers of the Administration as the President considers to be in the best interest of the country.

(2) Responsibility for funding of transferred resources and officers

After any such transfer all expenses connected therewith shall be defrayed out of the appropriations for the department to which the transfer is made.

(3) Return of transferred resources and officers

Such transferred vessels, equipment, stations, and officers shall be returned to the Administration when the national emergency ceases, in the opinion of the President.

(4) Rule of construction

Nothing in this section shall be construed as transferring the Administration or any of its functions from the Department of Commerce except in time of national emergency and to the extent provided in this section.

(b) Limitation on transfer of officers

This section does not authorize the transfer of an officer of the Administration to a military department if the accession or retention of that officer in that military department is otherwise not authorized by law.

(c) Status of transferred officers

An officer of the Administration transferred under this section, shall, while under the jurisdiction of a military department, have proper military status and shall be subject to the laws, regulations, and orders for the government of the Army, Navy, or Air Force, as the case may be, insofar as the same may be applicable to persons whose retention permanently in the military service of the United States is not contemplated by law.

Source Credit

(Pub. L. 107–372, title II, §251, Dec. 19, 2002, 116 Stat. 3090.)

Editorial Notes PRIOR PROVISIONS

Provisions similar to those in this section were contained in section 855 of this title prior to repeal by Pub. L. 107–372.

DELEGATION OF FUNCTIONS

Functions of President under this section delegated to Secretary of Commerce by section 1(k) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President.

Publication Title United States Code, 2018 Edition, Title 33 - NAVIGATION AND NAVIGABLE WATERS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS
SUBCHAPTER IV - SERVICE OF OFFICERS WITH THE MILITARY DEPARTMENTS
Sec. 3061 - Cooperation with and transfer to military departments
Contains section 3061
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law No
Disposition standard
Statutes at Large References 116 Stat. 3090
Public Law References Public Law 107-372
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