49 U.S.C. § 324 — Members of the armed forces

submitted 43 years ago by Pub. L. 97-449 to r/title-49-TRANSPORTATION · 365 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Transportation Secretary can bring military members into the Department to help with air traffic and other duties. Their military rank, benefits, and status stay unaffected.

(a) The Secretary of Transportation: (1) must let armed forces members take part in regulating and protecting air traffic, including work on air navigation facilities and dividing up airspace, to properly protect national defense interests and get proper advice on the military's needs; and (2) may also let armed forces members help with the Secretary's other duties. (b) A Coast Guard member on active duty can be appointed or assigned to a position in the Department of Transportation, except Secretary, Deputy Secretary, or Assistant Secretary for Administration. A retired Coast Guard member can also be appointed or assigned to the Department. (c) The Secretary of Transportation and a military department's Secretary can make cooperative agreements, including on reimbursement, to let armed forces members be appointed or assigned to the Department of Transportation. Each year, the Secretary of Transportation must report to Congress on agreements made under (a)(2), including the number, rank, and position of each member assigned. (d) The military department's Secretary does not control an assigned member's duties once those duties relate to the Department of Transportation. A member assigned under (a)(2) cannot be counted against legal limits on the size or rank levels of the armed forces. Being appointed, detailed, or assigned under this section does not change the member's status, office, rank, grade, or any related rights or benefits.

the actual law source: uscode.house.gov ↗public domain

(a)

The Secretary of Transportation—

(1)

to ensure that national defense interests are safeguarded properly and that the Secretary is advised properly about the needs and special problems of the armed forces, shall provide for participation of members of the armed forces in carrying out the duties and powers of the Secretary related to the regulation and protection of air traffic, including providing for, and research and development of, air navigation facilities, and the allocation of airspace; and

(2)

may provide for participation of members of the armed forces in carrying out other duties and powers of the Secretary.

(b)

A member of the Coast Guard on active duty may be appointed, detailed, or assigned to a position in the Department of Transportation, except the position of Secretary, Deputy Secretary, or Assistant Secretary for Administration. A retired member of the Coast Guard may be appointed, detailed, or assigned to a position in the Department.

(c)

The Secretary of Transportation and the Secretary of a military department may make cooperative agreements, including agreements on reimbursement as may be considered appropriate by the Secretaries, under which a member of the armed forces may be appointed, detailed, or assigned to the Department of Transportation under this section. The Secretary of Transportation shall send a report each year to the appropriate committees of Congress on agreements made to carry out subsection (a)(2) of this section, including the number, rank, and position of each member appointed, detailed, or assigned under those agreements.

(d)

The Secretary of a military department does not control the duties and powers of a member of the armed forces appointed, detailed, or assigned under this section when those duties and powers pertain to the Department of Transportation. A member of the armed forces appointed, detailed, or assigned under subsection (a)(2) of this section may not be charged against a statutory limitation on grades or strengths of the armed forces. The appointment, detail, or assignment and service of a member under this section to a position in the Department of Transportation does not affect the status, office, rank, or grade held by that member, or a right or benefit arising from that status, office, rank, or grade.

Source credit: (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2423.)

history & why it existsrecord from the source credit

1983Enacted · Pub. L. 97-449 · 96 Stat. 2423

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-449 on 1983-01-12.

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