Part 17 (2/2)

Nothing in this Act shall be construed as exempting the Department from requirements applicable with respect to executive agencies-- (1) to provide equal employment protection for employees of the Department (including pursuant to the provisions in section 2302(b)(1) of t.i.tle 5, United States Code, and the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (Public Law 107-174)); or (2) to provide whistleblower protections for employees of the Department (including pursuant to the provisions in section 2302(b)(8) and (9) of such t.i.tle and the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002).

SEC. 884. [6 U.S.C. 464] FEDERAL LAW ENFORCEMENT TRAINING CENTER.

(a) In General.--The transfer of an authority or an agency under this Act to the Department of Homeland Security does not affect training agreements already entered into with the Federal Law Enforcement Training Center with respect to the training of personnel to carry out that authority or the duties of that transferred agency.

(b) Continuity of Operations.--All activities of the Federal Law Enforcement Training Center transferred to the Department of Homeland Security under this Act shall continue to be carried out at the locations such activities were carried out before such transfer.

SEC. 885. [6 U.S.C. 465] JOINT INTERAGENCY TASK FORCE.

(a) Establishment.--The Secretary may establish and operate a permanent Joint Interagency Homeland Security Task Force composed of representatives from military and civilian agencies of the United States Government for the purposes of antic.i.p.ating terrorist threats against the United States and taking appropriate actions to prevent harm to the United States.

(b) Structure.--It is the sense of Congress that the Secretary should model the Joint Interagency Homeland Security Task Force on the approach taken by the Joint Interagency Task Forces for drug interdiction at Key West, Florida and Alameda, California, to the maximum extent feasible and appropriate.

SEC. 886. [6 U.S.C. 466] SENSE OF CONGRESS REAFFIRMING THE CONTINUED IMPORTANCE AND APPLICABILITY OF THE POSSE COMITATUS ACT.

(a) Findings.--Congress finds the following: (1) Section 1385 of t.i.tle 18, United States Code (commonly known as the ''Posse Comitatus Act''), prohibits the use of the Armed Forces as a posse comitatus to execute the laws except in cases and under circ.u.mstances expressly authorized by the Const.i.tution or Act of Congress.

(2) Enacted in 1878, the Posse Comitatus Act was expressly intended to prevent United States Marshals, on their own initiative, from calling on the Army for a.s.sistance in enforcing Federal law.

(3) The Posse Comitatus Act has served the Nation well in limiting the use of the Armed Forces to enforce the law.

(4) Nevertheless, by its express terms, the Posse Comitatus Act is not a complete barrier to the use of the Armed Forces for a range of domestic purposes, including law enforcement functions, when the use of the Armed Forces is authorized by Act of Congress or the President determines that the use of the Armed Forces is required to fulfill the President's obligations under the Const.i.tution to respond promptly in time of war, insurrection, or other serious emergency.

(5) Existing laws, including chapter 15 of t.i.tle 10, United States Code (commonly known as the ''Insurrection Act''), and the Robert T. Stafford Disaster Relief and Emergency a.s.sistance Act (42 U.S.C.

5121 et seq.), grant the President broad powers that may be invoked in the event of domestic emergencies, including an attack against the Nation using weapons of ma.s.s destruction, and these laws specifically authorize the President to use the Armed Forces to help restore public order.

(b) Sense of Congress.--Congress reaffirms the continued importance of section 1385 of t.i.tle 18, United States Code, and it is the sense of Congress that nothing in this Act should be construed to alter the applicability of such section to any use of the Armed Forces as a posse comitatus to execute the laws.

SEC. 887. [6 U.S.C. 467] COORDINATION WITH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER THE PUBLIC HEALTH SERVICE ACT.

(a) In General.--The annual Federal response plan developed by the Department shall be consistent with section 319 of the Public Health Service Act (42 U.S.C. 247d).

(b) Disclosures Among Relevant Agencies.-- (1) In general.--Full disclosure among relevant agencies shall be made in accordance with this subsection.

(2) Public health emergency.--During the period in which the Secretary of Health and Human Services has declared the existence of a public health emergency under section 319(a) of the Public Health Service Act (42 U.S.C. 247d(a)), the Secretary of Health and Human Services shall keep relevant agencies, including the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation, fully and currently informed.

(3) Potential public health emergency.--In cases involving, or potentially involving, a public health emergency, but in which no determination of an emergency by the Secretary of Health and Human Services under section 319(a) of the Public Health Service Act (42 U.S.C. 247d(a)), has been made, all relevant agencies, including the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation, shall keep the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention fully and currently informed.

SEC. 888. [6 U.S.C. 468] 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 a.s.sets of the Coast Guard, which shall be maintained as a distinct ent.i.ty within the Department, including the authorities and functions of the Secretary of Transportation relating thereto.

(c) Maintenance of Status of Functions and a.s.sets.-- 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 a.s.set (including for purposes of this subsection any s.h.i.+p, aircraft, or helicopter) of the Coast Guard may be diverted to the princ.i.p.al and continuing use of any other organization, unit, or ent.i.ty of the Department, except for details or a.s.signments 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.

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