33 U.S.C. § 3062 — Relative rank of officers when serving

Page 941 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3071 SUBCHAPTER IV—SERVICE OF OFFICERS WITH THE MILITARY DEPARTMENTS § 3061. Cooperation with and transfer to military departments (a) Transfers of resources and officers during na- tional emergency (1) Transfers authorized The President may, whenever in the judg- ment 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 re- sources and officers After any such transfer all expenses con- nected therewith shall be defrayed out of the appropriations for the department to which the transfer is made. (3) Return of transferred resources and offi- cers Such transferred vessels, equipment, sta- tions, and officers shall be returned to the Ad- ministration 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 juris- diction 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 per- sons whose retention permanently in the mili- tary service of the United States is not con- templated by law. (Pub. L. 107–372, title II, § 251, Dec. 19, 2002, 116 Stat. 3090.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained 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. § 3062. Relative rank of officers when serving with Army, Navy, or Air Force When serving with the Army, Navy, or Air Force, an officer of the 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. Nothing in this subchapter shall be construed to affect or alter an officer’s rates of pay and allowances when not assigned to military duty. (Pub. L. 107–372, title II, § 252, Dec. 19, 2002, 116 Stat. 3091.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 856 of this title prior to repeal by Pub. L. 107–372. § 3063. Rules and regulations when cooperating with military departments (a) Joint regulations The Secretary of Defense and the Secretary of Commerce shall jointly prescribe regulations— (1) governing the duties to be performed by the Administration in time of war; and (2) providing for the cooperation of the Ad- ministration with the military departments in time of peace in preparation for its duties in time of war. (b) Approval Regulations under subsection (a) shall not be effective unless approved by each of those Secre- taries. (c) Communications Regulations under subsection (a) may provide procedures for making reports and communica- tions between a military department and the Administration. (Pub. L. 107–372, title II, § 253, Dec. 19, 2002, 116 Stat. 3091.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 858 of this title prior to repeal by Pub. L. 107–372. SUBCHAPTER V—RIGHTS AND BENEFITS § 3071. Applicability of certain provisions of title 10 (a) Provisions made applicable to the corps The rules of law that apply to the Armed Forces under the following provisions of title 10, as those provisions are in effect from time to time, apply also to the commissioned officer corps of the Administration: (1) Chapter 40, relating to leave. (2) Section 533(b), relating to constructive service. (3) Section 716, relating to transfers between the armed forces and to and from National Oceanic and Atmospheric Administration. (4) Section 771, relating to unauthorized wearing of uniforms.