§ 468. Preserving Coast Guard mission performance

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 title VIII § 888 · 116 Stat. 2135

   Enacted · 6 U.S.C. § 468

   Pub. L. 107–296, title VIII, § 888, Nov. 25, 2002, 116 Stat. 2249

   Source evidence

   Code source credit
   Pub. L. 107–296, title VIII, § 888, Nov. 25, 2002, 116 Stat. 2249

   Enacted provision · exact public law section
   SEC. 888. PRESERVING COAST GUARD MISSION PERFORMANCE. (a) Definitions.— In this section: (1) Non-homeland security missions.— The term “non-homeland security missions” means the following missions of the Coast Guard: (A) Marine safety. (B) Search and rescue. (C) Aids to navigation. (D) Living marine resources (fisheries law enforcement). (E) Marine environmental protection. (F) Ice operations. (2) Homeland security missions.— The term “homeland security missions” means the following missions of the Coast Guard: (A) Ports, waterways and coastal security. (B) Drug interdiction. (C) Migrant interdiction. (D) Defense readiness. (E) Other law enforcement. (b) Transfer.— There are transferred to the Department the authorities, functions, personnel, and assets of the Coast Guard, which shall be maintained as a distinct entity within the Department, including the authorities and functions of the Secretary of Transportation relating thereto. (c) Maintenance of Status of Functions and Assets— Notwithstanding any other provision of this Act, the authorities, functions, and capabilities of the Coast Guard to perform its missions shall be maintained intact and without significant reduction after the transfer of the Coast Guard to the Department, except as specified in subsequent Acts. (d) Certain Transfers Prohibited.— No mission, function, or asset (including for purposes of this subsection any ship, aircraft, or helicopter) of the Coast Guard may be diverted to the principal and continuing use of any other organization, unit, or entity of the Department, except for details or assignments that do not reduce the Coast Guard’s capability to perform its missions. (e) Changes to Missions.— (1) Prohibition.— The Secretary may not substantially or significantly reduce the missions of the Coast Guard or the Coast Guard’s capability to perform those missions, except as specified in subsequent Acts. (2) Waiver.— The Secretary may waive the restrictions under paragraph (1) for a period of not to exceed 90 days upon a declaration and certification by the Secretary to Congress that a clear, compelling, and immediate need exists for such a waiver. A certification under this paragraph shall include a detailed justification for the declaration and certification, including the reasons and specific information that demonstrate that the Nation and the Coast Guard cannot respond effectively if the restrictions under paragraph (1) are not waived. (f) Annual Review.— (1) In general.— The Inspector General of the Department shall conduct an annual review that shall assess thoroughly the performance by the Coast Guard of all missions of the Coast Guard (including non-homeland security missions and homeland security missions) with a particular emphasis on examining the non-homeland security missions. (2) Report.— The report under this paragraph shall be submitted to— (A) the Committee on Governmental Affairs of the Senate; (B) the Committee on Government Reform of the House of Representatives; (C) the Committees on Appropriations of the Senate and the House of Representatives; (D) the Committee on Commerce, Science, and Transportation of the Senate; and (E) the Committee on Transportation and Infrastructure of the House of Representatives. (g) Direct Reporting to Secretary.— Upon the transfer of the Coast Guard to the Department, the Commandant shall report directly to the Secretary without being required to report through any other official of the Department. (h) Operation as a Service in the Navy.—None of the conditions and restrictions in this section shall apply when the Coast Guard operates as a service in the Navy under section 3 of title 14, United States Code. (i) Report on Accelerating the Integrated Deepwater System.— Not later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the Commandant of the Coast Guard, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives that— (1) analyzes the feasibility of accelerating the rate of procurement in the Coast Guard’s Integrated Deepwater System from 20 years to 10 years; (2) includes an estimate of additional resources required; (3) describes the resulting increased capabilities; (4) outlines any increases in the Coast Guard’s homeland security readiness; (5) describes any increases in operational efficiencies; and (6) provides a revised asset phase-in time line.

2. 2014

   DHS OIG Mandates Revision Act of 2014

   Pub. L. 113–284 § 2(b) · 128 Stat. 3089

   1. Redesignated · 6 U.S.C. § 468(f)(i)

      Pub. L. 113–284 redesignated subsecs. (g) to (i) as (f) to (h), respectively

   2. Struck · 6 U.S.C. § 468(f)(i)

      Pub. L. 113–284 struck out former subsec. (f) which related to annual review

   Source evidence

   Code amendment note
   Subsecs. (f) to (i). Pub. L. 113–284 redesignated subsecs. (g) to (i) as (f) to (h), respectively, and struck out former subsec. (f) which related to annual review.

   Enacted provision · exact public law section
   (b) Repeal of Requirement To Conduct an Annual Review of Coast Guard Performance.— (1) Repeal.— Section 888(f) of the Homeland Security Act of 2002 (6 U.S.C. 468(f)) is repealed. (2) Conforming amendments.— Section 888 of the Homeland Security Act of 2002 (6 U.S.C. 468), as amended by paragraph (1), is amended by redesignating subsections (g), (h), and (i) as subsections (f), (g), and (h), respectively.

3. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 title VIII § 801 · 132 Stat. 4192

   Struck · 6 U.S.C. § 468(h)

   Pub. L. 115–282 struck out subsec. (h). Text read as follows: “Not later than 90 days after November 25, 2002, the Secretary, in consultation with the Commandant of the Coast Guard, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives that—

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 115–282 struck out subsec. (h). Text read as follows: “Not later than 90 days after November 25, 2002, the Secretary, in consultation with the Commandant of the Coast Guard, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives that—

   “(1) analyzes the feasibility of accelerating the rate of procurement in the Coast Guard’s Integrated Deepwater System from 20 years to 10 years; “(2) includes an estimate of additional resources required; “(3) describes the resulting increased capabilities; “(4) outlines any increases in the Coast Guard’s homeland security readiness; “(5) describes any increases in operational efficiencies; and “(6) provides a revised asset phase-in time line.”

   Enacted provision · exact public law section
   SEC. 801. REPEAL OF OBSOLETE REPORTING REQUIREMENT.   Subsection (h) of section 888 of the Homeland Security Act of 2002 (6 U.S.C. 468) is repealed.

4. 2025

   Pub. L. 119–60 div. G title LXXII § 7201(j)(2) · 139 Stat. 1686

   Changed · 6 U.S.C. § 468(a)

   Pub. L. 119–60 transferred subsec. (a) of this section defining “non-homeland security missions” and “homeland security missions” to section 102 of Title 14, Coast Guard

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 119–60 transferred subsec. (a) of this section defining “non-homeland security missions” and “homeland security missions” to section 102 of Title 14, Coast Guard.

4 of 5 references resolved to an enrolled provision · 1 unresolved