6 U.S.C. § 468 — Preserving Coast Guard mission perform-

Page 240 TITLE 6—DOMESTIC SECURITY § 466 rity Task Force composed of representatives from military and civilian agencies of the United States Government for the purposes of anticipating terrorist threats against the United States and taking appropriate actions to pre- vent 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. (Pub. L. 107–296, title VIII, § 885, Nov. 25, 2002, 116 Stat. 2247.) § 466. Sense of Congress reaffirming the contin- ued importance and applicability of the Posse Comitatus Act (a) Findings Congress finds the following: (1) Section 1385 of title 18 (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 circumstances expressly authorized by the Constitution 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 assistance in enforc- ing 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 obliga- tions under the Constitution to respond promptly in time of war, insurrection, or other serious emergency. (5) Existing laws, including chapter 13 of title 10 (commonly known as the ‘‘Insurrec- tion Act’’), and the Robert T. Stafford Dis- aster Relief and Emergency Assistance 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 mass de- struction, and these laws specifically author- ize 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 title 18, and it is the sense of Congress that nothing in this chapter should be construed to alter the applicability of such sec- tion to any use of the Armed Forces as a posse comitatus to execute the laws. (Pub. L. 107–296, title VIII, § 886, Nov. 25, 2002, 116 Stat. 2248; Pub. L. 115–232, div. A, title XII, § 1204(a)(1), Aug. 13, 2018, 132 Stat. 2017.) Editorial Notes REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in subsec. (a)(5), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classi- fied principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables. This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. AMENDMENTS 2018—Subsec. (a)(5). Pub. L. 115–232 substituted ‘‘chap- ter 13’’ for ‘‘chapter 15’’. § 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 sec- tion 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 sub- section. (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 Secu- rity, the Department of Justice, and the Fed- eral Bureau of Investigation, fully and cur- rently informed. (3) Potential public health emergency In cases involving, or potentially involving, a public health emergency, but in which no de- termination 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 Home- land Security, the Department of Justice, and the Federal Bureau of Investigation, shall keep the Secretary of Health and Human Serv- ices and the Director of the Centers for Dis- ease Control and Prevention fully and cur- rently informed. (Pub. L. 107–296, title VIII, § 887, Nov. 25, 2002, 116 Stat. 2248.) § 468. Preserving Coast Guard mission perform- ance (a) Definitions In this section: (1) Non-homeland security missions The term ‘‘non-homeland security missions’’ means the following missions of the Coast Guard: Page 241 TITLE 6—DOMESTIC SECURITY § 469 1 See References in Text note below. (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, includ- ing the authorities and functions of the Sec- retary of Transportation relating thereto. (c) Maintenance of status of functions and assets Notwithstanding any other provision of this chapter, the authorities, functions, and capabili- ties of the Coast Guard to perform its missions shall be maintained intact and without signifi- cant 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 re- duce the Coast Guard’s capability to perform its missions. (e) Changes to missions (1) Prohibition The Secretary may not substantially or sig- nificantly reduce the missions of the Coast Guard or the Coast Guard’s capability to per- form 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 ex- ceed 90 days upon a declaration and certifi- cation 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 justifica- tion for the declaration and certification, in- cluding 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) Direct reporting to Secretary Upon the transfer of the Coast Guard to the Department, the Commandant shall report di- rectly to the Secretary without being required to report through any other official of the De- partment. (g) Operation as a service in the Navy None of the conditions and restrictions in this section shall apply when the Coast Guard oper- ates as a service in the Navy under section 3 1 of title 14. (Pub. L. 107–296, title VIII, § 888, Nov. 25, 2002, 116 Stat. 2249; Pub. L. 113–284, § 2(b), Dec. 18, 2014, 128 Stat. 3089; Pub. L. 115–282, title VIII, § 801, Dec. 4, 2018, 132 Stat. 4299.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c), was in the original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. Section 3 of title 14, referred to in subsec. (g), was re- designated section 103 of title 14 by Pub. L. 115–282, title I, § 103(b), Dec. 4, 2018, 132 Stat. 4195, and references to section 3 of title 14 deemed to refer to such redesig- nated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redes- ignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard. AMENDMENTS 2018—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 re- port to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Trans- portation and Infrastructure of the House of Represent- atives, 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 Deep- water System from 20 years to 10 years; ‘‘(2) includes an estimate of additional resources re- quired; ‘‘(3) describes the resulting increased capabilities; ‘‘(4) outlines any increases in the Coast Guard’s homeland security readiness; ‘‘(5) describes any increases in operational effi- ciencies; and ‘‘(6) provides a revised asset phase-in time line.’’ 2014—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. § 469. Fees for credentialing and background in- vestigations in transportation (a) Fees For fiscal year 2004 and thereafter, the Sec- retary of Homeland Security shall charge rea- sonable fees for providing credentialing and background investigations in the field of trans- portation: Provided, That the establishment and collection of fees shall be subject to the fol- lowing requirements: (1) such fees, in the aggregate, shall not ex- ceed the costs incurred by the Department of Homeland Security associated with providing the credential or performing the background record checks; (2) the Secretary shall charge fees in amounts that are reasonably related to the costs of providing services in connection with