6 U.S.C. § 112 : US Code - Section 112: Secretary; functions
Search 6 U.S.C. § 112 : US Code - Section 112: Secretary; functions
(a) Secretary
(1) In general
There is a Secretary of Homeland Security, appointed by the
President, by and with the advice and consent of the Senate.
(2) Head of Department
The Secretary is the head of the Department and shall have
direction, authority, and control over it.
(3) Functions vested in Secretary
All functions of all officers, employees, and organizational
units of the Department are vested in the Secretary.
(b) Functions
The Secretary -
(1) except as otherwise provided by this chapter, may delegate
any of the Secretary's functions to any officer, employee, or
organizational unit of the Department;
(2) shall have the authority to make contracts, grants, and
cooperative agreements, and to enter into agreements with other
executive agencies, as may be necessary and proper to carry out
the Secretary's responsibilities under this chapter or otherwise
provided by law; and
(3) shall take reasonable steps to ensure that information
systems and databases of the Department are compatible with each
other and with appropriate databases of other Departments.
(c) Coordination with non-Federal entities
With respect to homeland security, the Secretary shall coordinate
through the Office of State and Local Coordination (!1)
(established under section 361 of this title) (including the
provision of training and equipment) with State and local
government personnel, agencies, and authorities, with the private
sector, and with other entities, including by -
(1) coordinating with State and local government personnel,
agencies, and authorities, and with the private sector, to ensure
adequate planning, equipment, training, and exercise activities;
(2) coordinating and, as appropriate, consolidating, the
Federal Government's communications and systems of communications
relating to homeland security with State and local government
personnel, agencies, and authorities, the private sector, other
entities, and the public; and
(3) distributing or, as appropriate, coordinating the
distribution of, warnings and information to State and local
government personnel, agencies, and authorities and to the
public.
(d) Meetings of National Security Council
The Secretary may, subject to the direction of the President,
attend and participate in meetings of the National Security
Council.
(e) Issuance of regulations
The issuance of regulations by the Secretary shall be governed by
the provisions of chapter 5 of title 5, except as specifically
provided in this chapter, in laws granting regulatory authorities
that are transferred by this chapter, and in laws enacted after
November 25, 2002.
(f) Special Assistant to the Secretary
The Secretary shall appoint a Special Assistant to the Secretary
who shall be responsible for -
(1) creating and fostering strategic communications with the
private sector to enhance the primary mission of the Department
to protect the American homeland;
(2) advising the Secretary on the impact of the Department's
policies, regulations, processes, and actions on the private
sector;
(3) interfacing with other relevant Federal agencies with
homeland security missions to assess the impact of these
agencies' actions on the private sector;
(4) creating and managing private sector advisory councils
composed of representatives of industries and associations
designated by the Secretary to -
(A) advise the Secretary on private sector products,
applications, and solutions as they relate to homeland security
challenges; and
(B) advise the Secretary on homeland security policies,
regulations, processes, and actions that affect the
participating industries and associations;
(5) working with Federal laboratories, federally funded
research and development centers, other federally funded
organizations, academia, and the private sector to develop
innovative approaches to address homeland security challenges to
produce and deploy the best available technologies for homeland
security missions;
(6) promoting existing public-private partnerships and
developing new public-private partnerships to provide for
collaboration and mutual support to address homeland security
challenges;
(7) assisting in the development and promotion of private
sector best practices to secure critical infrastructure;
(8) coordinating industry efforts, with respect to functions of
the Department of Homeland Security, to identify private sector
resources and capabilities that could be effective in
supplementing Federal, State, and local government agency efforts
to prevent or respond to a terrorist attack;
(9) coordinating with the Directorate of Border and
Transportation Security and the Assistant Secretary for Trade
Development of the Department of Commerce on issues related to
the travel and tourism industries; and
(10) consulting with the Office of State and Local Government
Coordination and Preparedness on all matters of concern to the
private sector, including the tourism industry.
(g) Standards policy
All standards activities of the Department shall be conducted in
accordance with section 12(d) of the National Technology Transfer
Advancement Act of 1995 (15 U.S.C. 272 note) and Office of
Management and Budget Circular A-119.
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