Establishment of Secretary of the Coast Guard

(a)

Amendments to the Homeland Security Act of 2002

The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended—(1)in section 103 (6 U.S.C. 113)—(A)by redesignating subsections (c) through (g) as subsections (d) through (h), respectively;(B)by inserting after subsection (b) the following:

(c)

Secretary of the Coast Guard

(1)

Appointment

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 and leadership experience.(2)

Limitations on appointment

(A)

In general

An individual may not be appointed as Secretary of the Coast Guard within 7 years after relief from active duty as a commissioned officer of a regular component of an armed force.(B)

Current service in certain roles

No officer serving in an appointment under subsection (a) may be appointed to carry out the duties of the Secretary of the Coast Guard.(3)

Powers and duties

Subject to chapter 6 of title 10, United States Code, the Secretary of the Coast Guard shall perform such duties and exercise such powers as the Secretary may prescribe.(4)

Direct reporting to Secretary

The Secretary of the Coast Guard shall report directly to the Secretary without intervening authority.(5)

Under Secretary of the Coast Guard

(A)

In general

There is an Under Secretary of the Coast Guard, appointed from civilian life by the President, by and with the advice and consent of the Senate.(B)

Duties and powers

The Under Secretary of the Coast Guard shall perform such duties and exercise such powers as the Secretary of the Coast Guard may prescribe.

; and

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

(d)

Commandant of the Coast Guard

(1)

In general

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.(2)

Other duties

The Commandant shall perform such military duties, not otherwise assigned by law, as are assigned by the Secretary of the Coast Guard.(3)

Military advice and opinions of the Commandant

After first informing the Secretary of the Coast Guard, the Commandant may provide advice to the President, the National Security Council, the Homeland Security Council, the Secretary of Defense, or the Secretary of Homeland Security on a particular matter on the judgment of the Commandant.

; and

(2)in section 888(f) (6 U.S.C. 468(f))—(A)by striking Upon the transfer of the Coast Guard to the Department, the and inserting The; and(B)by striking Secretary and inserting Secretary of the Coast Guard.(b)

Amendments to title 10, United States Code

Title 10 of the United States Code, is amended—(1)in section 101(a)(9)(D), by striking the Secretary of Homeland Security and inserting the Secretary of the Coast Guard;(2)in section 822(a)—(A)by redesignating paragraphs (3) through (9) as paragraphs (4) through (10), respectively; and(B)by inserting after paragraph (2) the following new paragraph (3):

(3)the Secretary of Homeland Security;

; and

(3)in section 8013a—(A)by striking section 3 of title 14 and inserting section 103 of title 14; and(B)by striking the Secretary of Homeland Security and inserting the Secretary of the Coast Guard.(c)

Amendments to title 14, United States Code

Title 14 of the United States Code, is amended—(1)in section 502(a), by striking the Commandant and inserting the Secretary of the Coast Guard or the Commandant;(2)in section 505, in the first sentence, by striking general supervision of the Secretary and inserting general supervision of the Secretary of the Coast Guard; and(3)in section 507, by striking Secretary and inserting Secretary of the Coast Guard.