Page:United States Statutes at Large Volume 116 Part 3.djvu/657

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PUBLIC LAW 107-296—NOV. 25, 2002 116 STAT. 2249 (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. PRESERVING COAST GUARD MISSION PERFORMANCE. 6 USC 468. (a) DEFINITIONS.— In this section: (1) NON-HOMELAND SECURITY MISSIONS. —The term "nonhomeland 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.— T here 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, including the authorities and functions of the Secretary of Transportation relating thereto. (c) MAINTENANCE OF STATUS OF FUNCTIONS AND ASSETS. —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 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 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. (2) WAIVER. — The Secretary may waive the restrictions under paragraph (1) for a period of not to exceed 90 days upon a declaration and certification by the Secretary to Congress that a clear, compelling, and immediate need exists for