Page:United States Statutes at Large Volume 76.djvu/563

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[76 Stat. 515]
PUBLIC LAW 87-000—MMMM. DD, 1962
[76 Stat. 515]

76

STAT.]

PUBLIC

LAW 87-651-SEPT. 7, 1962

515

"(2) shall prescribe the force structure of those commands. " (b) The military departments shall assign forces to combatant commands established under this section to perform the missions of those commands. A force so assigned is under the full operational command of the commander of the command to which it is assigned. I t may be transferred from the command to which it is assigned only by authority of the Secretary and under procedures prescribed by the Secretary with the approval of the President. A force not so assigned remains, for all purposes, in the military department concerned. "(c) Combatant commands established under this section are responsible to the President and to the Secretary for such military missions as may be assigned to them by the Secretary with the approval of the President. " (d) Subject to the authority, direction, and control of the Secretary, each military department is responsible for the administration of forces assigned by that department to combatant commands established under this section. The Secretary shall assign the responsibility for the support of forces assigned to those commands to one or more of the military departments. "§125. Functions, powers, and duties: transfer, reassignment, consolidation, or abolition " (a) Subject to section 401 of title 50, the Secretary of Defense shall ^^ Stat. 5i4, take appropriate action (including the transfer, reassignment, consolidation, or abolition of any function, power, or duty) to provide more effective, efficient, and economical administration and operation, and to eliminate duplication, in the Department of Defense. However, except as provided by subsections (b) and (c), a function, power, or duty vested in the Department of Defense, or an officer, official, or agency thereof, by law may not be substantially transferred, reassigned, consolidated, or abolished unless ihe Secretary reports the details of the proposed transfer, reassignmeii,tj consolidation, or abolition to the Committees on Armed Services df the Senate and House of Representatives. The transfer, reassignment, consolidation, or abolition concerned takes effect on the first day after the expiration of the first 30 days that Congress is in continuous session after the Secretary so reports, unless either of those Committees, within that period, reports a resolution recommending that the 'proposed transfer, reassignment, consolidation, or abolition oe rejected by the Senate or the House of Representatives, as the case may be, because it— "(1) proposes to transfer, reassign, consolidate, or abolish a major combatant function, power, or duty assigned to the Army, Navy, Air Force, or Marine Corps by section 3062(b), 5012, 5013, or 8062(c) of this title; and 7OA Stat. lee, "(2) would, in its judgment, tend to impair the defense of the 2^^' ^^^• United States. If either of those Committees, within that period, reports such a resolution and it is not adopted by the Senate or the House of Representatives, as the case may be, within the first 40 days that Congress is in continuous session after that resolution is so reported, the transfer, reassignment, consolidation, or abolition concerned takes effect on the first day after the expiration of that forty-day period. For the purposes of this subsection, a session may be considered as not continuous only if broken by an adjournment of Congress sine die. However, in computing the period that Congress is in continuous session, days that the Senate or the House of Representatives is not in session because of an adjournment of more than three days to a day certain are not counted.