33 U.S.C. § 3061: Cooperation with and…

Summary

The President can transfer vessels, equipment, stations, and officers of the Administration to a military department during a national emergency if the President decides it is needed. After a transfer, the military department that gets them must pay the related costs. These things and people must be returned to the Administration when the President says the emergency is over. This does not move the Administration or its duties out of the Department of Commerce except during such an emergency and only as allowed here. An officer cannot be transferred if other laws would not allow that officer to join or stay in the military. While transferred, an officer has military status and must follow the military’s laws, rules, and orders as they apply to people not meant to become permanent military members.

Title 33, §3061

Navigation and Navigable Waters, Source: USLM XML via OLRC

(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.

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