§855. Cooperation with and transfer to military departments

The President is authorized, whenever in his judgment a sufficient national emergency exists, to transfer to the service and jurisdiction of a military department such vessels, equipment, stations, and commissioned officers of the National Oceanic and Atmospheric Administration as he may deem to the best interest of the country, and after such transfer all expenses connected therewith shall be defrayed out of the appropriations for the department to which transfer is made: Provided, That such vessels, equipment, stations, and commissioned officers shall be returned to the National Oceanic and Atmospheric Administration when such national emergency ceases, in the opinion of the President, and nothing in this section shall be construed as transferring the National Oceanic and Atmospheric Administration or any of its functions from the Department of Commerce except in time of national emergency and to the extent herein provided: Provided further, That any of the commissioned officers of the National Oceanic and Atmospheric Administration who may be transferred as provided in 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.

(May 22, 1917, ch. 20, §16, 40 Stat. 87 ; Pub. L. 89–657, §1(1), Oct. 14, 1966, 80 Stat. 907 ; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; Pub. L. 89–657, §1(1), Oct. 14, 1966, 80 Stat. 907 ; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

Codification

Section is part of section 16 of act May 22, 1917. Section 16 is also classified to sections 854, 856, 857, and 858 of this title.

Amendments

1966-Pub. L. 89–657 amended section generally, substituting military departments for Department of the Army and Navy Department as the agencies to which transfer of jurisdiction may be made in a national emergency, substituting commissioned officers of the Environmental Science Services Administration for personnel of the Coast and Geodetic Survey as the personnel subject to transfer in a national emergency, substituting "this section" for "this Act", and adding the Air Force to the Army and Navy as a department to which the transferred personnel shall be subject.

Transfer of Functions

Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all functions of Coast and Geodetic Survey and Director of Survey. Subsequently, Environmental Science Services Administration abolished, National Oceanic and Atmospheric Administration established, and Commissioned Officer Corps of ESSA redesignated Commissioned Officer Corps of NOAA by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees. For further details, see note set out under section 851 of this title.

Delegation of Functions

Functions of President under this section delegated to Secretary of Commerce, see section 1(k) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, set out as a note under section 301 of Title 3, The President.

Termination of War and Emergencies

Joint Res. July 25, 1947, ch. 327, §3, 61 Stat. 451 , provided that in the interpretation of sections 855, 856, 857, and 858 of this title, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by the Congress and of the national emergencies proclaimed by the President on Sept. 8, 1939, and May 27, 1941.

Transfer of Officers and Vessels

By reason of the national emergency certain vessels of the Coast and Geodetic Survey were transferred to the jurisdiction of the Navy Department and certain officers of the Survey were transferred to the jurisdiction of the Navy and War Departments by Ex. Ord. No. 9072, Feb. 24, 1942, 7 F.R. 1531; Ex. Ord. No. 9113, Mar. 28, 1942, 7 F.R. 2495; Ex. Ord. No. 9187, June 30, 1942, 7 F.R. 5035; Ex. Ord. No. 9236, Sept. 3, 1942, 7 F.R. 6988.

Reduction in Rank, Pay, or Allowances

Section 13 of act May 22, 1917, provided that: "Nothing contained in this Act [see Tables for classification] shall operate to reduce the rank, pay, or allowances that would have been received by any person in the Navy, Marine Corps, or Coast Guard except for the passage of this Act."

Section Referred to in Other Sections

This section is referred to in section 854a–1 of this title.