§856. Relative rank of officers when serving with Army, Navy, or Air Force

When serving with the Army, Navy, or Air Force, commissioned officers of the National Oceanic and Atmospheric Administration shall rank with and after officers of corresponding grade in the Army, Navy, or Air Force of the same length of service in grade.

And nothing in this Act shall be construed to affect or alter their rates of pay and allowances when not assigned to military duty as hereinbefore mentioned.

(May 22, 1917, ch. 20, §16, 40 Stat. 88 ; June 21, 1955, ch. 172, §2(b), 69 Stat. 169 ; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

References in Text

This Act, referred to in text, means act May 22, 1917, ch. 20, 40 Stat. 84 , as amended, which, insofar as it was classified to the Code, enacted sections 854, 855, 856, 857 and 858 of this title, and sections 1, 152, 212 to 216, 280, 284, 297, 322, 323, 424, 425, 640 and 864 of former Title 34, Navy, and amended section 96 of former Title 18, Criminal Code and Criminal Procedure. For complete classification of this Act to the Code, see Tables.

Codification

Section is part of section 16 of act May 22, 1917. Section 16 is also classified to sections 854, 855, 857, and 858 of this title.

Amendments

1955-Act June 21, 1955, provided that officers of the Coast and Geodetic Survey shall rank with and after officers of the corresponding grade of the same length of service in grade.

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.

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.

Section Referred to in Other Sections

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