§3061 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The President can move vessels, equipment, stations, and officers of the Administration into the control of a military department when the President thinks a big national emergency exists. The military department must pay the costs from its own budget. The items and people must be sent back to the Administration when the President decides the emergency is over. The Administration stays in the Department of Commerce unless a move is allowed under this rule during an emergency. An officer cannot be moved if other law bars their transfer. While under military control, a transferred officer gets military status and must follow the military’s laws, rules, and orders as they apply to people who are not meant to become permanent military members.

Title 33, §3061

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)(1)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)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)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)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)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)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.

Notes & Related Subsidiaries

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.

Executive Documents

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.

§3061 Cooperation with and Transfer to Military Departments