
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 33USC855]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
                    CHAPTER 17--NATIONAL OCEAN SURVEY
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 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, Sec. 16, 40 Stat. 87; Pub. L. 89-657, Sec. 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, Sec. 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, Sec. 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.
