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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 33 U.S.C. § 3061 Cooperation with and transfer to military departments us united_states_code code_section 33 NAVIGATION AND NAVIGABLE WATERS 43 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS 3061 33 U.S.C. § 3061 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip /us/usc/t33/s3061 data/legal/raw/us/code/title-33/usc33.xml fb8ea47abc231af609edce299b6c2f371680fbd4f7e2f533acf282c3f9dcb556 de3d130b31eae77f8c0fc593f61b7287899297718d678d500eea123559828523 0e17c424f2123a6555f2f5e2ae427888f49421b4a3df6abb079c5666fce019a3 2026-07-04 official
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33 U.S.C. § 3061 - Cooperation with and transfer to military departments

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.

(Pub. L. 107372, title II, § 251, Dec. 19, 2002, 116 Stat. 3090.)

Notes

Editorial Notes

Prior ProvisionsProvisions similar to those in this section were contained in section 855 of this title prior to repeal by Pub. L. 107372.

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.