Secretary of the Coast Guard

(a)

Establishment

(1)

Homeland Security Act of 2002

The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended—(A)in section 103 (6 U.S.C. 113)—(i)by redesignating subsections (c) through (g) as subsections (d) through (h), respectively; (ii)by inserting after subsection (b) the following:

(c)

Secretary of the Coast Guard

(1)

In general

There is a Secretary of the Coast Guard, appointed by the President, by and with the advice and consent of the Senate.(2)

General powers

Subject to the authority, direction, and control of the Secretary, when the Coast Guard is operating as a service in the Department, the Secretary of the Coast Guard shall exercise the powers of the Secretary under section 501(a) of title 14, United States Code, and other duties as may be prescribed by law or by the President or the Secretary, in directing the Coast Guard.(3)

Direct reporting to Secretary

At all times, the Secretary of the Coast Guard shall report directly to the Secretary without intervening authority.(4)

Consultation with Secretary of the Navy

When the Coast Guard is operating as a service in the Navy, the Secretary of the Coast Guard may advise the Secretary of the Navy on matters relating to the Coast Guard.(5)

Limitation on appointment

No officer serving in an appointment under subsection (a) may be appointed to carry out the duties of Secretary of the Coast Guard.

; and

(iii)by amending subsection (d), as redesignated, to read as follows:

(d)

Commandant of the Coast Guard

To assist the Secretary of the Coast Guard in the performance of the functions of the Secretary of the Coast Guard, there is a Commandant of the Coast Guard, who shall be appointed as provided in section 302 of title 14, United States Code, and who shall report directly to the Secretary of the Coast Guard. In addition to such duties as may be provided in this Act and as assigned to the Commandant by the Secretary of the Coast Guard, the duties of the Commandant shall include those required by section 102 of title 14, United States Code.

; and

(B)in section 888(f) (6 U.S.C. 468(f))—(i)by striking Upon the transfer and inserting the following:

(1)

In general

Upon the transfer

;

(ii)in paragraph (1), as so designated, by striking the Secretary and inserting the Secretary of the Coast Guard; and (iii)by adding at the end the following:

(2)

Exception

When the Coast Guard is operating as a service in the Navy, the Commandant shall report directly to the Secretary of the Navy.

(2)

Title 10, United States Code

Title 10 of the United States Code, is amended—(A)in section 101(a)(9)(D), by striking the Secretary of Homeland Security and inserting the Secretary of the Coast Guard; and(B)in section 8013a—(i)by striking section 3 of title 14 and inserting section 103 of title 14; and (ii)by striking the Secretary of Homeland Security and inserting the Secretary of the Coast Guard.(3)

Title 14, United States Code

Title 14 of the United States Code, is amended—(A)in section 501—(i)by redesignating subsections (a) through (h) as paragraphs (1) through (8), respectively, and moving such paragraphs two ems to the right;(ii)in the matter preceding paragraph (1), as redesignated, by striking For and inserting the following:

(a)

In general

For

; and

(iii)by adding at the end the following:

(b)

Secretary of the Coast Guard

(1)

In general

There is a Secretary of the Coast Guard, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Secretary of the Coast Guard shall, to the greatest extent practicable, be appointed from among individuals most highly qualified for the position by reason of background and experience, including individuals with appropriate management or leadership experience. The Secretary of the Coast Guard is the head of the Coast Guard.(2)

Limitation on appointment

An individual may not be appointed as the Secretary of the Coast Guard during the 5-year period beginning on the date on which the individual is relieved from active duty (as defined in section 101(a) of title 10) as a commissioned officer of a regular component of any of the Armed Forces (as defined in section 101(a) of title 10).(3)

Functions

(A)

In general

Subject to the authority, direction, and control of the Secretary of Homeland Security and subject to the other provisions of this title, Secretary of the Coast Guard is responsible for, and has the authority necessary to conduct, all affairs of the Coast Guard, including the following functions:(i)Recruiting.(ii)Organizing.(iii)Supplying.(iv)Equipping, including research and development.(v)Training.(vi)Servicing.(vii)Mobilizing.(viii)Demobilizing.(ix)Administering, including the morale and welfare of personnel.(x)Maintaining.(xi)The construction, outfitting, and repair of military equipment.(xii)The construction, maintenance, and repair of buildings, structures, and utilities and the acquisition of real property and interests in real property necessary to carry out the responsibilities specified in this section.(B)

Additional responsibilities

Subject to the authority, direction, and control of the Secretary of Homeland Security, the Secretary of the Coast Guard is also responsible to the Secretary of Homeland Security for—(i)the functioning and efficiency of the Coast Guard;(ii)the formulation of policies and programs of the Coast Guard that are fully consistent with national security objectives and policies established by the President or the Secretary of Homeland Security;(iii)the effective and timely implementation of policy, program, and budget decisions and instructions of the President or the Secretary of Homeland Security relating to the functions of the Coast Guard; and(iv)carrying out the functions of the Coast Guard so as to fulfill the current and future operational requirements;(v)effective cooperation and coordination between the Coast Guard and the other military departments (as defined in section 101(a) of title 10) and agencies of the Department of Defense and the Department of Homeland Security to provide for more effective, efficient, and economical administration and to eliminate duplication;(vi)the presentation and justification of the positions of the Coast Guard on the plans, programs, and policies of the Department of Homeland Security; and(vii)the effective supervision and control of the intelligence activities of the Coast Guard.(C)

Additional activities

The Secretary of the Coast Guard is also responsible for such other activities as may be prescribed by law or by the President or Secretary of Homeland Security.(4)

Recommendations to Congress

After first informing the Secretary of Homeland Security, the Secretary of the Coast Guard may make such recommendations to Congress relating to the Department of Homeland Security as the Secretary of the Coast Guard considers appropriate.(5)

Delegation

The Secretary of the Coast Guard may assign the functions, powers, and duties of the Secretary of the Coast Guard, as the Secretary of the Coast Guard considers appropriate, to any Under Secretary or Assistant Secretary that has been established and has the advice and consent of the Senate.(6)

Additional powers

The Secretary of the Coast Guard may—(A)assign, detail, and prescribe the duties of members of the Coast Guard and civilian personnel of the Coast Guard;(B)change the title of any officer or activity of the Coast Guard not prescribed by law; and(C)prescribe regulations to carry out his functions, powers, and duties under this title.

; and

(B)by amending section 505 to read as follows:

505.

Functions and powers vested in the Commandant

(a)

In general

The function of the Commandant is to assist the Secretary of the Coast Guard in carrying out the responsibilities of the Coast Guard. Except as otherwise specifically prescribed by law, the Commandant shall perform such duties and have such titles, as the Secretary of the department in which the Coast Guard is operating may prescribe. (b)

Duties

Under the authority, direction, and control of the Secretary of the Coast Guard, the Commandant shall—(1)prepare for such employment of the Coast Guard, and for such recruiting, organizing, supplying, equipping (including aspects of research and development assigned by the Secretary of the Coast Guard), training, servicing, mobilizing, demobilizing, administering, and maintaining of the Coast Guard, as will assist in the execution of any power, duty, or function of the Secretary of the department in which the Coast Guard is operating;(2)investigate and report upon the efficiency of the Coast Guard and its preparation to support all operations pursuant to the department in which the Coast Guard is operating;(3)prepare detailed instructions for the execution of approved plans and supervise the execution of such plans and instructions;(4)as directed by the Secretary of the Coast Guard, coordinate the action of organizations of the Coast Guard; and(5)perform such other duties, not otherwise assigned by law, as may be prescribed by the Secretary of the department in which the Coast Guard is operating.

(4)

Conforming amendment

Section 1137(a) of title 14, United States Code, is amended by striking section 501(d) and inserting section 501(a)(4).(b)

Reorganization plan

(1)

In general

Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate committees of Congress a reorganization plan with respect to—(A)the number of military and civilian personnel of the Coast Guard to be assigned to the Office of the Secretary of the Coast Guard pursuant to subsection (c) of section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113); and(B)any reorganization of the Department of Homeland Security necessary as a result of the establishment of the Secretary of the Coast Guard under subsection (c) of section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113), consistent with sections 101(b) and 888 of that Act (6 U.S.C. 111(b), 468).(2)

Elements

The plan required by paragraph (1) shall include following:(A)Recommendations with respect to legislative changes necessary to transfer responsibilities from the Commandant to the Secretary of the Coast Guard, including with respect to such responsibilities under—(i)title 10 of the United States Code;(ii)title 14 of the United States Code; and(iii)any law relating to navigation or navigable waters applicable to the Coast Guard.(B)Specification of the steps to be taken by the Secretary of Homeland Security—(i)to transfer responsibilities from the Secretary of Homeland Security or the Commandant of the Coast Guard to the Secretary of the Coast Guard; and (ii)to organize the Office of the Secretary of the Coast Guard, including the delegation or assignment of functions to the Secretary of the Coast Guard, so as to allow the Secretary of the Coast Guard to carry out the responsibilities identified under clause (i).(C)Specification of any proposed disposition of property, facility, contract, record, or other asset or obligation to be transferred under the plan.(D)Specification of the funds available that will be transferred to the Office of the Secretary of the Coast Guard as a result of transfers under the plan.(E)A date on which the plan shall become effective.(F)Any other element the Secretary of Homeland Security considers appropriate.(3)

Consideration

The plan required by paragraph (1) shall take into consideration the role of the Secretary of the Coast Guard when the Coast Guard is operating as a service in the Navy.(4)

Modification

The Secretary of Homeland Security, in consultation with the appropriate committees of Congress, may modify or revise any part of the plan required by this subsection until the date on which the plan becomes effective in accordance with date set forth under paragraph (2)(E).(5)

Appropriate committees of Congress defined

In this subsection, the term appropriate committees of Congress means—(A)the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and (B)the Committee on Transportation and Infrastructure, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives.