(a) Transfers of resources and officers during national emergency(1) Transfers authorizedThe 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 officersAfter 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 officersSuch 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 constructionNothing 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 officersThis 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 officersAn 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. 107–372, title II, § 251, Dec. 19, 2002, 116 Stat. 3090.)
Editorial Notes
Prior ProvisionsProvisions 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.