(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
anticipating 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 title 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
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 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 Constitution to respond promptly
in time of war, insurrection, or other serious
emergency.
(5) Existing laws, including chapter 15 of title
10, United States Code (commonly known as the
``Insurrection Act''), and the Robert T. Stafford
Disaster 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 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 title 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.