H. R. 5005—111
transfer of such agency, program, or function to the Secretary
or another Federal official pursuant to this Act. This Act may
not be construed as altering or diminishing the regulatory authority
of any other executive agency, except to the extent that this Act
transfers such authority from the agency.
(b) PREEMPTION OF STATE OR LOCAL LAW.—Except as otherwise
provided in this Act, this Act preempts no State or local law,
except that any authority to preempt State or local law vested
in any Federal agency or official transferred to the Department
pursuant to this Act shall be transferred to the Department effective
on the date of the transfer to the Department of that Federal
agency or official.
SEC. 878. COUNTERNARCOTICS OFFICER.
The Secretary shall appoint a senior official in the Department
to assume primary responsibility for coordinating policy and oper-
ations within the Department and between the Department and
other Federal departments and agencies with respect to interdicting
the entry of illegal drugs into the United States, and tracking
and severing connections between illegal drug trafficking and ter-
rorism. Such official shall—
(1) ensure the adequacy of resources within the Department
for illicit drug interdiction; and
(2) serve as the United States Interdiction Coordinator
for the Director of National Drug Control Policy.
SEC. 879. OFFICE OF INTERNATIONAL AFFAIRS.
(a) ESTABLISHMENT.—There is established within the Office
of the Secretary an Office of International Affairs. The Office shall
be headed by a Director, who shall be a senior official appointed
by the Secretary.
(b) DUTIES OF THE DIRECTOR.—The Director shall have the
following duties:
(1) To promote information and education exchange with
nations friendly to the United States in order to promote
sharing of best practices and technologies relating to homeland
security. Such exchange shall include the following:
(A) Exchange of information on research and develop-
ment on homeland security technologies.
(B) Joint training exercises of first responders.
(C) Exchange of expertise on terrorism prevention,
response, and crisis management.
(2) To identify areas for homeland security information
and training exchange where the United States has a dem-
onstrated weakness and another friendly nation or nations
have a demonstrated expertise.
(3) To plan and undertake international conferences,
exchange programs, and training activities.
(4) To manage international activities within the Depart-
ment in coordination with other Federal officials with responsi-
bility for counter-terrorism matters.
SEC. 880. PROHIBITION OF THE TERRORISM INFORMATION AND
PREVENTION SYSTEM.
Any and all activities of the Federal Government to implement
the proposed component program of the Citizen Corps known as
Operation TIPS (Terrorism Information and Prevention System)
are hereby prohibited.
H. R. 5005—112
SEC. 881. REVIEW OF PAY AND BENEFIT PLANS.
Notwithstanding any other provision of this Act, the Secretary
shall, in consultation with the Director of the Office of Personnel
Management, review the pay and benefit plans of each agency
whose functions are transferred under this Act to the Department
and, within 90 days after the date of enactment, submit a plan
to the President of the Senate and the Speaker of the House
of Representatives and the appropriate committees and subcommit-
tees of Congress, for ensuring, to the maximum extent practicable,
the elimination of disparities in pay and benefits throughout the
Department, especially among law enforcement personnel, that are
inconsistent with merit system principles set forth in section 2301
of title 5, United States Code.
SEC. 882. OFFICE FOR NATIONAL CAPITAL REGION COORDINATION.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is established within the Office
of the Secretary the Office of National Capital Region Coordina-
tion, to oversee and coordinate Federal programs for and rela-
tionships with State, local, and regional authorities in the
National Capital Region, as defined under section 2674(f)(2)
of title 10, United States Code.
(2) DIRECTOR.—The Office established under paragraph (1)
shall be headed by a Director, who shall be appointed by
the Secretary.
(3) COOPERATION.—The Secretary shall cooperate with the
Mayor of the District of Columbia, the Governors of Maryland
and Virginia, and other State, local, and regional officers in
the National Capital Region to integrate the District of
Columbia, Maryland, and Virginia into the planning, coordina-
tion, and execution of the activities of the Federal Government
for the enhancement of domestic preparedness against the con-
sequences of terrorist attacks.
(b) RESPONSIBILITIES.—The Office established under subsection
(a)(1) shall—
(1) coordinate the activities of the Department relating
to the National Capital Region, including cooperation with the
Office for State and Local Government Coordination;
(2) assess, and advocate for, the resources needed by State,
local, and regional authorities in the National Capital Region
to implement efforts to secure the homeland;
(3) provide State, local, and regional authorities in the
National Capital Region with regular information, research,
and technical support to assist the efforts of State, local, and
regional authorities in the National Capital Region in securing
the homeland;
(4) develop a process for receiving meaningful input from
State, local, and regional authorities and the private sector
in the National Capital Region to assist in the development
of the homeland security plans and activities of the Federal
Government;
(5) coordinate with Federal agencies in the National Capital
Region on terrorism preparedness, to ensure adequate planning,
information sharing, training, and execution of the Federal
role in domestic preparedness activities;
(6) coordinate with Federal, State, local, and regional agen-
cies, and the private sector in the National Capital Region
H. R. 5005—113
on terrorism preparedness to ensure adequate planning,
information sharing, training, and execution of domestic
preparedness activities among these agencies and entities; and
(7) serve as a liaison between the Federal Government
and State, local, and regional authorities, and private sector
entities in the National Capital Region to facilitate access to
Federal grants and other programs.
(c) ANNUAL REPORT.—The Office established under subsection
(a) shall submit an annual report to Congress that includes—
(1) the identification of the resources required to fully
implement homeland security efforts in the National Capital
Region;
(2) an assessment of the progress made by the National
Capital Region in implementing homeland security efforts; and
(3) recommendations to Congress regarding the additional
resources needed to fully implement homeland security efforts
in the National Capital Region.
(d) LIMITATION.—Nothing contained in this section shall be
construed as limiting the power of State and local governments.
SEC. 883. REQUIREMENT TO COMPLY WITH LAWS PROTECTING EQUAL
EMPLOYMENT OPPORTUNITY AND PROVIDING WHISTLE-
BLOWER PROTECTIONS.
Nothing in this Act shall be construed as exempting the Depart-
ment 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 title 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 title and the Notification and Federal
Employee Antidiscrimination and Retaliation Act of 2002).
SEC. 884. 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 trans-
ferred 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. JOINT INTERAGENCY TASK FORCE.
(a) ESTABLISHMENT.—The Secretary may establish and operate
a permanent Joint Interagency Homeland Security Task Force com-
posed 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
H. R. 5005—114
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. SENSE OF CONGRESS REAFFIRMING THE CONTINUED IMPOR-
TANCE 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 obliga-
tions 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 Assist-
ance Act (42 U.S.C. 5121 et seq.), grant the President broad
powers that may be invoked in the event of domestic emer-
gencies, 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. 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.