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 ...
Do not confuse the issue with logic.
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
Bump
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.
Dissolve Bush’s domestic spy agency with the peculiar nazi-like name.
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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Its clear that Congress, on its own, can only affect such a transfer if they do so as part of a declaration of war.
Im 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).
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.
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
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 theyre NOT part of DOT. See the linked U.S. Coast Guard and DOT: Is they is or is they aint...? article for some explanation.
https://www.alcopro.com/u-s-coast-guard-dot-aint/
Probably not worth the hassle. Navy Federal Credit Union is offering interest free loans to Coast Guard members anyway.
Was part of Treasury, then Department of Navy... Treasury, Transportation, Homeland Security... who knows where next.
Makes too much sense, which means, it’s probably not going to happen.
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?
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