ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

6 U.S.C. § 468 — Preserving Coast Guard mission performance

submitted 24 years ago by Pub. L. 107-296 to r/title-6-DOMESTIC-SECURITY · 346 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law moves the Coast Guard into the Department of Homeland Security but keeps it as its own distinct part. The Department must keep the Coast Guard's missions and abilities intact. It can't take the Coast Guard's ships, aircraft, or staff for other permanent use, except for a temporary, narrow emergency waiver.

(a) Transferred This subsection's text has been struck; the heading "Transferred" remains but carries no further provisions.

(b) Transfer The Coast Guard's authorities, functions, personnel, and assets move to the Department of Homeland Security. The Coast Guard stays a separate, distinct entity inside the Department, and this transfer includes the authorities and functions the Secretary of Transportation used to have over the Coast Guard.

(c) Maintenance of status of functions and assets No matter what else this chapter says, the Coast Guard's authorities, functions, and abilities to carry out its missions must stay intact, without any real cuts, after it moves to the Department — unless a later law specifically changes that.

(d) Certain transfers prohibited No Coast Guard mission, function, or asset (including, for this subsection, any ship, aircraft, or helicopter) may be permanently redirected to mainly serve any other part of the Department, except for details or assignments that don't reduce the Coast Guard's ability to carry out its own missions.

(e) Changes to missions (1) Prohibition: the Secretary may not substantially or significantly cut the Coast Guard's missions, or its ability to carry them out, unless a later law specifically allows it. (2) Waiver: the Secretary may waive that rule, but only for up to 90 days, and only by declaring and certifying to Congress that there is a clear, compelling, and immediate need for the waiver. That certification must give a detailed justification, including the reasons and specific facts showing that the Nation and the Coast Guard cannot respond effectively without the waiver.

(f) Direct reporting to Secretary Once the Coast Guard is transferred to the Department, the Commandant reports directly to the Secretary, without having to go through any other Department official.

(g) Operation as a service in the Navy None of this section's conditions and limits apply when the Coast Guard is operating as a service within the Navy, under section 3 of title 14.

the actual law source: uscode.house.gov ↗public domain
(a) Transferred

(b) Transfer

There are transferred to the Department the authorities, functions, personnel, and assets of the Coast Guard, which shall be maintained as a distinct entity within the Department, including the authorities and functions of the Secretary of Transportation relating thereto.

(c) Maintenance of status of functions and assets

Notwithstanding any other provision of this chapter, the authorities, functions, and capabilities of the Coast Guard to perform its missions shall be maintained intact and without significant reduction after the transfer of the Coast Guard to the Department, except as specified in subsequent Acts.

(d) Certain transfers prohibited

No mission, function, or asset (including for purposes of this subsection any ship, aircraft, or helicopter) of the Coast Guard may be diverted to the principal and continuing use of any other organization, unit, or entity of the Department, except for details or assignments that do not reduce the Coast Guard’s capability to perform its missions.

(e) Changes to missions
(1) Prohibition

The Secretary may not substantially or significantly reduce the missions of the Coast Guard or the Coast Guard’s capability to perform those missions, except as specified in subsequent Acts.

(2) Waiver

The Secretary may waive the restrictions under paragraph (1) for a period of not to exceed 90 days upon a declaration and certification by the Secretary to Congress that a clear, compelling, and immediate need exists for such a waiver. A certification under this paragraph shall include a detailed justification for the declaration and certification, including the reasons and specific information that demonstrate that the Nation and the Coast Guard cannot respond effectively if the restrictions under paragraph (1) are not waived.

(f) Direct reporting to Secretary

Upon the transfer of the Coast Guard to the Department, the Commandant shall report directly to the Secretary without being required to report through any other official of the Department.

(g) Operation as a service in the Navy

None of the conditions and restrictions in this section shall apply when the Coast Guard operates as a service in the Navy under section 3 1 of title 14.

Source credit: (Pub. L. 107–296, title VIII, § 888, Nov. 25, 2002, 116 Stat. 2249; Pub. L. 113–284, § 2(b), Dec. 18, 2014, 128 Stat. 3089; Pub. L. 115–282, title VIII, § 801, Dec. 4, 2018, 132 Stat. 4299; Pub. L. 119–60, div. G, title LXXII, § 7201(j)(2), Dec. 18, 2025, 139 Stat. 1686.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-296 · 116 Stat. 2249
  • 2014Amended · Pub. L. 113-284 · 128 Stat. 3089
  • 2018Amended · Pub. L. 115-282 · 132 Stat. 4299
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 1686

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-296 on 2002-11-25.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case