Sec. 201. Secretary of the Coast Guard
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Section 102 of title 14, United States Code, is repealed. Section 888(a) of Public Law 107–296 is transferred to appear after section 101 of title 14, United States Code, redesignated as section 102, and amended to read as follows: The Coast Guard shall administer laws, promulgate and enforce regulations, and engage in operations and activities, with due regard to the requirements of national defense, in support of the following: Engage in oceanographic research, ensure the safe operation of and facilitate the economical movement of goods through the Marine Transportation System, and develop, establish, maintain, and operate rescue facilities for the promotion of safety on, under, and over the high seas and waters subject to the jurisdiction of the United States and protect the lives and safety of those on the sea.
Respond to maritime disasters, natural or man-made, and render aid to people in distress to protect the lives and promote the safety of life and property on, under, and over the high seas and waters subject to the jurisdiction of the United States, covering all matters not specifically delegated by law to some other executive department. Develop, establish, maintain and operate aids to maritime navigation to promote the safe operation of the Marine Transportation System, pursuant to subchapter III of chapter 5, on, under, and over the high seas and waters subject to the jurisdiction of the United States.
Safeguard fish and wildlife, including threatened and endangered species, from unlawful acts and environmental degradation under, and over the high seas and waters subject to the jurisdiction of the United States. Safeguard United States marine resources and the ocean from unlawful acts and environmental degradation on, under, and over the high seas and waters subject to the jurisdiction of the United States. Develop, establish, maintain, and operate icebreaking facilities on, under, and over waters other than the high seas and waters subject to the jurisdiction of the United States.
Conduct maritime recovery operations in the aftermath of incidents of national significance to ensure the continuity of commerce and critical port and waterway functions, protect the United States maritime domain and the Marine Transportation System, and deny the use and exploitation of the maritime domain as a means for attacks on United States territory, population, vessels, and critical infrastructure. Engage in maritime air surveillance or maritime interdiction to enforce or assist in the enforcement of laws of the United States regarding controlled substances on, under, and over the high seas and waters subject to the jurisdiction of the United States.
Engage in maritime air surveillance or maritime interdiction of the maritime border and approaches to enforce or assist in the enforcement of laws of the United States, including the immigration laws of the United States on, under, and over the high seas and waters subject to the jurisdiction of the United States. Defend United States national interests in the maritime domain against hostile acts through military action, and maintain a state of readiness to assist in the defense of the United States, including when functioning as a specialized service in the Navy pursuant to section 103.
Enforce or assist in the enforcement of all applicable Federal laws on, under, and over the high seas and waters subject to the jurisdiction of the United States. Nothing in this section shall be construed to limit the powers authorized in chapter 5. . Section 888 of Public Law 107–296 is amended— in subsection (d)— by striking No mission and inserting No primary duty described in section 102 of title 14, United States Code, ; by inserting , whether requested or tasked by the Department on behalf of another agency or requested by another agency, after Department ; and by striking missions. and inserting such duties. ; and in subsection
(e)by striking paragraph
(1)and inserting the following: Except as specified in subsequent Acts, the Secretary— may not substantially or significantly reduce— the primary duties of the Coast Guard described in section 102 of title 14, United States Code; or the capability of the Coast Guard to perform such duties; and shall ensure the preservation and execution of such duties. . Section 2516 of title 14, United States Code, is amended— in subsection
(a)by inserting described in section 102 after Coast Guard operations ; and by striking subsection (d). Section 221 of the Coast Guard Authorization Act of 2016 ( 10 U.S.C. 1413a note) is amended by striking section 888(a) of the Homeland Security Act of 2002 ( and inserting 6 U.S.C. 468(a) ) section 102 of title 14, United States Code . Prior to the President implementing section 201 of title 14, United States Code, as amended by this Act, and appointing a Secretary of the Coast Guard, the Commandant, in coordination with the Secretary of the Department in which the Coast Guard is operating, shall— develop a plan on the structure, feasibility of the Secretary of the Coast Guard position and the reorganization and restructuring of the Coast Guard needed to incorporate the new position; and submit such plan to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee of Commerce, Science, and Transportation of the Senate. The plan required under paragraph
(1)shall include— a complete organizational chart, to include the creation of the Office of the Secretary of the Coast Guard and the directorates that report to the Commandant of the Coast Guard; a description of each new position created within the Office of the Secretary; a description of the offices and policies which each new position would be responsible for and how those offices would interact with the offices of the Commandant; a delineation of powers reserved for the Commandant, outside of current statutory authorizations, not previously reserved or delegated; a transition plan to ensure the continuity of the execution of all Coast Guard missions; and recommendations for statutory and legislative changes. The Commandant shall provide the plan developed in subsection
(e)to the Comptroller General of the United States. Not later than 6 months after the transmission of the plan prepared under paragraph (1), the Comptroller General shall review such plan and provide recommendations to the Commandant in a report. The report shall include— a compilation of the responsibilities and duties assigned to the Commandant of the Coast Guard and the Secretary of the department in which the Coast Guard is operating, and potential responsibilities and duties that can be moved to the Secretary of the Coast Guard; a detailed list of all responsibilities and duties assigned to the Commandant and the Secretary of the department in which the Coast Guard is operating, and how those duties overlap or remain distinct; a detailed analysis of the responsibilities in clause
(i)that should be reassigned or delegated to the Secretary of the Coast Guard and the Commandant of the Coast Guard; a detailed analysis of the proper separation and oversight of duties in the chain of command between the Secretary, the Secretary of the Coast Guard, and the Commandant of the Coast Guard; an analysis of the feasibility of the reorganization of the service in order to preserve the integrity of the military chain of command; a comparison to the structure and authorities of other service Secretaries, including but not limited to the Secretary of the Navy, and whether the proposed application to the Coast Guard is appropriate; and other matters deemed relevant by the Comptroller General. The Comptroller General shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the report developed pursuant to paragraph (2). In addition to the plan and report, the Commandant shall provide responses to the recommendations in the report under paragraph
(2)to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate to include— a description of the recommendations that the service intends to implement; a justification for each recommendation that the service does not intend to implement; and an implementation strategy and timeline. Subtitle I of title 14, United States Code, is amended— by redesignating section 106 as section 107; by inserting after section 105 the following: In this title, the term Secretary of the Coast Guard means the Secretary of the Coast Guard established in section 201. ; and by inserting after section 107, as so redesignated, the following: 201. Secretary of the Coast Guard. 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. Subject to section 103(c) of Public Law 107–296 and when the Coast Guard is not operating as a service in the Navy, the Secretary of the Coast Guard shall report directly to the Secretary without being required to report through any other official of the department in which the Coast Guard is operating. The Secretary of the Coast Guard shall not be required to report to any other position in the department in which the Coast Guard is operating, military or civilian, including any other under secretaries, or assistant secretaries. The Secretary of the Coast Guard shall, to the greatest extent practicable, be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management or leadership experience. A person 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. Subject to the authority, direction, and control of the Secretary, the Secretary of the Coast Guard shall exercise the powers of the Secretary in this title, except as may be reserved by the Secretary and reserved for the Commandant pursuant to sections 504 and 505. The Secretary of the Coast Guard is responsible for and has the authority necessary to conduct all affairs of the Coast Guard. Notwithstanding any other provision of law, the authorities and functions prescribed in paragraphs
(2)through
(5)of section 701(a) of Public Law 107–296 as such authorities and functions pertain to the Coast Guard shall be reserved for the Secretary of the Coast Guard. Subject to the authority, direction, and control of the Secretary, the Secretary of the Coast Guard is also responsible to the Secretary for— the functioning and efficiency of the Coast Guard; the formulation of policies and programs by the Coast Guard that are fully consistent with national security objectives and policies established by the President or the Secretary; the effective and timely implementation of policy, program, and budget decisions and instructions of the President or the Secretary relating to the functions of the Coast Guard; carrying out the functions of the Coast Guard so as to fulfill the current and future operational requirements of the unified and specified combatant commands; effective cooperation and coordination between the Coast Guard and the other military departments and agencies of the Department of Defense with regards to defense readiness missions to provide for more effective, efficient, and economical administration and to eliminate duplication; the presentation and justification of the positions of the Coast Guard on the plans, programs, and policies of the Department in which the Coast Guard is operating; the effective supervision and control of the intelligence activities of the Coast Guard; and such other activities and duties as may be prescribed by law or by the President or Secretary, in directing the Coast Guard. After first informing the Secretary, the Secretary of the Coast Guard may make such recommendations to appropriate congressional committees, as defined in section 1171, as the Secretary of the Coast Guard considers appropriate. The Secretary of the Coast Guard may assign such of the functions, powers, and duties as the Secretary of the Coast Guard considers appropriate, to the Under Secretary of the Coast Guard, and to not more than 4 Assistant Secretaries of the Coast Guard. The Under Secretary and the Assistant Secretaries shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. The Secretary of the Coast Guard’s staff shall be limited in the roles and responsibilities of such staff to the execution of the powers vested in the Secretary of the Coast Guard. The size of the Secretary of the Coast Guard’s staff may not exceed the size necessary to carry out the responsibilities of the office of the Secretary of the Coast Guard. Officers of the Coast Guard shall, as directed by the Secretary, report on any matter to the Secretary of the Coast Guard, the Under Secretary, or any Assistant Secretary. The Secretary of the Coast Guard may— assign, detail, and prescribe the duties of members of the Coast Guard and civilian personnel of the Coast Guard; change the title of any officer or activity of the Coast Guard not prescribed by law; and prescribe regulations to carry out the functions, powers, and duties of the Secretary of the Coast Guard under this title. The Secretary of the Coast Guard may not eliminate, materially alter the scope of, or privatize any of the primary duties described in section 102. The Secretary of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an annual report demonstrating compliance with subparagraph (A). No officer serving in an appointment described in subsections
(a)through
(e)of section 103 of Public Law 107–296 may perform the duties of the Secretary of the Coast Guard. The Commandant shall report directly to the Secretary of the Coast Guard. The Commandant shall not be required to report to any other position in the department in which the Coast Guard is operating, military or civilian, including under secretaries, or assistant secretaries. . The analysis for chapter 1 of title 14, United States Code, is amended— by striking the item relating to section 102 and inserting the following: 102. Primary duties. ; and by striking the item relating to section 106 and inserting the following: 106. Secretary of the Coast Guard defined. 107. Commandant defined. . Section 505 of title 14, United States Code, is amended by striking Secretary and inserting Secretary of the Coast Guard . Public Law 107–296 is amended— in section 103— by amending subsection
(c)to read as follows: When the Coast Guard is operating as a service within the Department of Homeland Security, to assist the Secretary in the performance of the Secretary's functions, there is a Secretary of the Coast Guard who shall be appointed as provided in section 201 of title 14, United States Code, and who shall report directly to the Secretary. ; and in subsection (g)(1)— by striking Notwithstanding and inserting the following: Notwithstanding ; by striking the Under Secretary for Management and inserting the Secretary of the Coast Guard ; and by adding at the end the following: The Under Secretary of Management shall serve in this capacity in the event that the Secretary of the Coast Guard has transferred to the Department of the Navy. ; and in section 888— by redesignating subsections
(b)through
(g)as subsections
(a)through (f), respectively; and in subsection (e), as so redesignated, by striking Commandant and inserting the Secretary of the Coast Guard . Chapter 3 of title 14, United States Code, is amended by adding at the end the following: There shall be in the Coast Guard a Chief Prosecutor of the Coast Guard selected by the Commandant under policies established by the Secretary and who meets the qualifications set forth in subsection (b). The Chief Prosecutor of the Coast Guard shall be a commissioned officer of the Coast Guard who— is a member in good standing of the bar of a Federal court or the highest court of a State; is a judge advocate in the grade not lower than O–7; and is certified to be qualified, by reason of education, training, experience, and temperament, for duty as Chief Prosecutor of the Coast Guard by the Judge Advocate General of the Coast Guard. The Chief Prosecutor of the Coast Guard shall carry out the duties under chapter 47 of title 10 (the Uniform Code of Military Justice) and shall perform the duties assigned as determined by the Secretary and consistent with the policy, regulations, or other guidance promulgated under section 824a of title 10 (article 24a of the Uniform Code of Military Justice). The Chief Prosecutor of the Coast Guard shall have exclusive authority to determine whether a reported offense is a covered offense and shall exercise authority over any such offense in accordance with chapter 47 of title 10 (the Uniform Code of Military Justice). Any determination to prefer or refer charges shall not act to disqualify the Chief Prosecutor of the Coast Guard as an accuser. If the Chief Prosecutor of the Coast Guard determines that a reported offense is a covered offense, the Chief Prosecutor of the Coast Guard may also exercise authority over any offense that the special trial counsel determines to be related to the covered offense and any other offense alleged to have been committed by a person alleged to have committed the covered offense. Subject to paragraph (5), with respect to charges and specifications alleging any offense over which the Chief Prosecutor of the Coast Guard exercises authority, the Chief Prosecutor of the Coast Guard shall have exclusive authority to, in accordance with this chapter and with chapter 47 of title 10 (the Uniform Code of Military Justice)— on behalf of the Government, withdraw or dismiss the charges and specifications or make a motion to withdraw or dismiss the charges and specifications; refer the charges and specifications for trial by a special or general court-martial; enter into a plea agreement; and determine if an authorized rehearing is impracticable. The determination of the Chief Prosecutor of the Coast Guard to refer charges and specifications to a court-martial for trial shall be binding on any applicable convening authority for the referral of such charges and specifications. If the Chief Prosecutor of the Coast Guard exercises authority over an offense and elects not to prefer charges and specifications for such offense or, with respect to charges and specifications for such offense preferred by a person other than the Chief Prosecutor of the Coast Guard, elects not to refer such charges and specifications, a commander or convening authority may exercise any of the authorities of such commander or convening authority under chapter 47 of title 10 (the Uniform Code of Military Justice), with respect to such offense, except that such commander or convening authority may not refer charges and specifications for a covered offense for trial by special or general court-martial. In this section, the term covered offense has the meaning given such term in section 801 of title 10. There is in the Office of the Secretary of the Coast Guard an Inspector General of the Coast Guard, who shall be detailed to such position by the Secretary. The Inspector General of the Coast Guard shall be detailed from officers on the active-duty list in the line of the Coast Guard serving in grades above captain. An officer may not be detailed to such position for a tour of duty of more than 4 years, except that the Secretary of the Coast Guard may extend such a tour of duty if the Secretary of the Coast Guard makes a special finding that the extension is necessary and in the public interest. When directed by the Secretary of the Coast Guard or the Commandant, the Inspector General shall inquire into and report upon any matter that affects the discipline, military efficiency, or economy of the Coast Guard. The Inspector General shall periodically propose programs of inspections to the Secretary of the Coast Guard and shall recommend additional inspections and investigations as may appear appropriate. The Inspector General shall cooperate fully with the Inspector General of the Department of Homeland Security in connection with the performance of any duty or function by the Inspector General of the Department of Homeland Security under section 103 of Public Law 107–296 regarding the Coast Guard. In addition to the responsibilities described in paragraph (2), the Inspector General shall periodically propose programs of inspections to the Secretary of the department in which the Coast Guard is operating, the Secretary of the Coast Guard, and the appropriate committees of Congress and shall recommend additional inspections and investigations as may appear appropriate. . The analysis for chapter 3 of title 14, United States Code, is amended by adding at the end the following: 324. Chief Prosecutor of the Coast Guard. 325. Office of the Inspector General of the Coast Guard. .
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- Pub. L. 107-296
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