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33 U.S.C. § 3061 — Cooperation with and transfer to military departments

submitted 24 years ago by Pub. L. 107-372 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 280 words · no verdicts yet

in plain englishAI-generated · not legal advice

During a sufficient national emergency, the President may place specified NOAA resources and officers under a military department. The department pays the costs, and the resources return when the emergency ends; the section limits officer transfers and sets transferred officers’ status.

(a) Transfers during a national emergency. (1) If the President judges that a sufficient national emergency exists, the President may transfer Administration vessels, equipment, stations, and officers to a military department’s service and jurisdiction when the President considers that in the country’s best interest. (2) After transfer, the receiving department’s appropriations pay all connected expenses. (3) The transferred items and officers must return to the Administration when, in the President’s opinion, the emergency ends. (4) This does not transfer the Administration or its functions from the Commerce Department except during an emergency and only as this section provides.

(b) Limitation. This section does not authorize transferring an officer if that officer’s appointment or retention in the military department is otherwise unlawful.

(c) Status. While under a military department, a transferred officer has proper military status and is subject to applicable Army, Navy, or Air Force laws, regulations, and orders, so far as they apply to people whom the law does not contemplate retaining permanently in United States military service.

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

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-372 · 116 Stat. 3090

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-372 on 2002-12-19.

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