Posted on Jan 25, 2019
A Modest Proposal: Move Coast Guard Under Navy So Coasties Get Paid
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Posted 6 y ago
Responses: 4
Seems to me that even with what the Coat Guard Mission is that Department of Defense seems a better place. They are part of the Armed Forces despite the Homeland Security missions that they are assigned. Currently its only during declared wartime they fall under DOD control.
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The reason the Coast Guard must remain under DHS is related to their Law Enforcement Duties. The Coast Guard is a branch of the armed forces, located within the Department of Homeland Security, 14 U.S.C. § 1 (as amended), but relocated within the Navy in time of war or upon the order of the President, 14 U.S.C. § 3. The Act will apply to the Coast Guard while it remains part of the Department of Homeland Security. While part of the Navy, it is subject to the orders of the Secretary of the Navy, 14 U.S.C. § 3, and consequently to any generally applicable directives or instructions issued under the Department of Defense or the Navy. As a practical matter, however, the Coast Guard is statutorily authorized to perform law enforcement functions, 14 U.S.C. § 2. Even while part of the Navy its law enforcement activities would come within the statutory exception to the posse comitatus restrictions, and the restrictions applicable to components of the Department of Defense would only apply to activities beyond those authorized. (Ref: The Posse Comitatus Act)
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