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Transfer the Coast Guard to the Navy and to later back to DHS (“Unfurlough” Coast Guard staffers)
Cornel’s Legal Information Institute ^ | August 4, 1949 | US Code, Title 14 Coast Guard,

Posted on 01/15/2019 7:20:56 PM PST by House Atreides

U.S. Code, Title 14 Coast Guard, Part 1 Regular Coast Guard, Chapter 1 Establishment and Duties, Section 3. Department in which the Coast Guard operates

(a) In General.— The Coast Guard shall be a service in the Department of Homeland Security, except when operating as a service in the Navy.

(b) Transfers.— Upon the declaration of war if Congress so directs in the declaration or when the President directs, the Coast Guard shall operate as a service in the Navy, and shall so continue until the President, by Executive order, transfers the Coast Guard back to the Department of Homeland Security. While operating as a service in the Navy, the Coast Guard shall be subject to the orders of the Secretary of the Navy, who may order changes in Coast Guard operations to render them uniform, to the extent such Secretary deems advisable, with Navy operations.

(c) Operation as a Service in the Navy.—Whenever the Coast Guard operates as a service in the Navy—

(1) applicable appropriations of the Navy Department shall be available for the expense of the Coast Guard;

(2) applicable appropriations of the Coast Guard shall be available for transfer to the Navy Department;

(3) precedence between commissioned officers of corresponding grades in the Coast Guard and the Navy shall be determined by the date of rank stated by their commissions in those grades;

(4) personnel of the Coast Guard shall be eligible to receive gratuities, medals, and other insignia of honor on the same basis as personnel in the naval service or serving in any capacity with the Navy;

(Excerpt) Read more at law.cornell.edu ...


TOPICS: Military/Veterans
KEYWORDS: faketitle; furlough
By executive order, the President can transfer the Coast Guard Organization in its entirety from the Department of Homeland Secrity (which is subject to furlough) to the Department of the Navy (which has a budget and is not subject to furlough) and later transfer it back to Homeland Security when they have a budget. This would further show the ‘RATS that President Trump is serious about border barrier funding.
1 posted on 01/15/2019 7:20:56 PM PST by House Atreides
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To: House Atreides

Do not confuse the issue with logic.


2 posted on 01/15/2019 7:21:49 PM PST by DIRTYSECRET (urope. Why do they put up with this.)
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To: House Atreides

Douglas Albert Munro (October 11, 1919 – September 27, 1942) is the only member of the United States Coast Guard to have received the Medal of Honor, the United States’s highest military award.https://en.wikipedia.org/wiki/Douglas_Albert_Munro


3 posted on 01/15/2019 7:30:34 PM PST by 2ndDivisionVet (You can't invade the mainland US. There'd be a rifle behind every blade of grass.)
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To: House Atreides

Bump


4 posted on 01/15/2019 7:36:00 PM PST by foreverfree
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To: House Atreides

I always understood it to be only so during time of war. I do not think it would apply here and not even after a declaration of emergency.

I find it odd the DHS was furloughed or even LE portions thereof. That doesn’t signal the state of emergency that is purported to exist.


5 posted on 01/15/2019 7:36:04 PM PST by Clutch Martin (The trouble ain't that there is too many fools, but that the lightning ain't distributed it wright.)
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To: House Atreides

Dissolve Bush’s domestic spy agency with the peculiar nazi-like name.


6 posted on 01/15/2019 7:38:16 PM PST by SpaceBar
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To: Clutch Martin

I always understood it to be only so during time of war. I do not think it would apply here and not even after a declaration of emergency.
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It’s clear that Congress, on its own, can only affect such a transfer if they do so as part of a declaration of war.

I’m not an attorney or judge but it appears (to me, anyhow) that the Commander in Chief is not similarly restricted by the law. It depends upon how you read 14 U.S. Code § 3 (b).


7 posted on 01/15/2019 7:58:19 PM PST by House Atreides (Boycott the NFL 100% — PERMANENT)
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To: House Atreides

We had a coastie as an exchange officer on my FFG for 2 years in the early 90s. We were out of Yokosuka. Acted as Navigator. Prior he had done drug interdiction boardings.

He transferred away and the last thing I heard from him was when they shipped his stuff to him his Harley was stolen from the shipment.

It was interesting that they could become a CO much easier from his explanation than we could in the regular Navy. Mainly just due to the size and type of their ships. Fairly certain he went to command school, but can’t remember for sure.


8 posted on 01/15/2019 8:48:22 PM PST by reed13k (For evil to triumph it is only necessary that good men do nothing)
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To: House Atreides

Good idea......but CG is under DOT so that they can board vessels, which would otherwise be considered an act of war, if under the DOD


9 posted on 01/15/2019 9:31:30 PM PST by Be Careful
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To: Be Careful

LOL —- the business of the Coast Guard and the Department of Transportation (DOT).

The Coast Guard, whether part of DHS or Navy Department, apparently is required to use certain DOT forms in some of their duties...but they’re NOT part of DOT. See the linked “U.S. Coast Guard and DOT: Is they is or is they ain’t...?” article for some explanation.

https://www.alcopro.com/u-s-coast-guard-dot-aint/


10 posted on 01/15/2019 9:51:28 PM PST by House Atreides (Boycott the NFL 100% — PERMANENT)
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To: House Atreides

Probably not worth the hassle. Navy Federal Credit Union is offering interest free loans to Coast Guard members anyway.


11 posted on 01/16/2019 12:34:08 AM PST by 11th_VA (Hey RATs - Negotiate or Starve)
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To: House Atreides

Was part of Treasury, then Department of Navy... Treasury, Transportation, Homeland Security... who knows where next.


12 posted on 01/16/2019 12:38:18 AM PST by D Rider
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To: House Atreides

Makes too much sense, which means, it’s probably not going to happen.


13 posted on 01/16/2019 4:37:48 AM PST by onedoug
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To: House Atreides
It depends upon how you read 14 U.S. Code § 3 (b).

Occam's Razor. I don't have time to look up any contemporary discussion on the law, but the simplest reading is that both can only do so in a time of war. (And by inference, only in support of said war.) If the President can do it anytime, but Congress only as part of a declaration of war, why would he have that extra power? What is accomplished by allowing the President to do this at any time? Why would Congress NOT be allowed to?

OR, you read the sentence as a declaration of war allows -Congress or the President- to Navytize the Coasties, and there's no confusion or ambiguity. Without other information, that's the reading that makes the most sense.
14 posted on 01/17/2019 5:18:23 PM PST by Svartalfiar
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To: Svartalfiar

If the President can do it anytime, but Congress only as part of a declaration of war, why would he have that extra power?
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Because HE is the Commander-in-Chief and Congress recognized that when they wrote the law?


15 posted on 01/17/2019 5:24:57 PM PST by House Atreides (Boycott the NFL 100% — PERMANENT)
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To: House Atreides
Because HE is the Commander-in-Chief and Congress recognized that when they wrote the law?

True, but that doesn't mean he can just whatever he wants. Every power in the law needs reasoning - none of it is just arbitrary. Why would the President be able to just randomly move the CG into the Navy? The preceding clause gives the answer - when war is declared.
16 posted on 01/17/2019 9:43:24 PM PST by Svartalfiar
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