(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) FunctionsThe 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 entitiesWith respect to homeland security, the Secretary shall coordinate through the Office of State and Local Coordination (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 SecretaryThe 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;
(B)
advise the
Secretary on
homeland security policies, regulations, processes, and actions that affect the participating industries and associations; and
(C) advise the Secretary on private sector preparedness issues, including effective methods for—
(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;
(9)
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;
(10)
coordinating with the Commissioner of U.S. Customs and Border Protection and the Assistant
Secretary for Trade Development of the
Department of Commerce on issues related to the travel and tourism industries; and
(11)
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.
(
Pub. L. 107–296, title I, § 102,
Nov. 25, 2002,
116 Stat. 2142;
Pub. L. 108–458, title VII, § 7402,
Dec. 17, 2004,
118 Stat. 3850;
Pub. L. 110–53, title IX, § 902,
Aug. 3, 2007,
121 Stat. 371;
Pub. L. 114–125, title VIII, § 802(g)(1)(A)(i),
Feb. 24, 2016,
130 Stat. 210.)
Editorial Notes
References in Text
This chapter, referred to in subsecs. (b)(1), (2), and (e), 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 chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.
Section 12(d) of the National Technology Transfer Advancement Act of 1995, referred to in subsec. (g), probably means section 12(d) of the National Technology Transfer and Advancement Act of 1995, which is section 12(d) of Pub. L. 104–113, and which is set out as a note under section 272 of Title 15, Commerce and Trade.
Amendments
2016—Subsec. (f)(10). Pub. L. 114–125 substituted “the Commissioner of U.S. Customs and Border Protection” for “the Directorate of Border and Transportation Security”.
2007—Subsec. (f)(4)(C). Pub. L. 110–53, § 902(b), added subpar. (C).
Subsec. (f)(8) to (11). Pub. L. 110–53, § 902(a), added par. (8) and redesignated former pars. (8) to (10) as (9) to (11), respectively.
2004—Subsec. (f)(8) to (10). Pub. L. 108–458 added pars. (8) to (10).
Statutory Notes and Related Subsidiaries
Required Coordination
Pub. L. 108–458, title VII, § 7405, Dec. 17, 2004, 118 Stat. 3851, provided that:
“The
Secretary of Homeland Security shall ensure that there is effective and ongoing coordination of Federal efforts to prevent, prepare for, and respond to acts of
terrorism and other
major disasters and emergencies among the divisions of the
Department of Homeland Security, including the Directorate of Emergency Preparedness and Response and the Office for
State and
Local Government Coordination and Preparedness.”
Protections for Human Research Subjects of the Department of Homeland Security
Pub. L. 108–458, title VIII, § 8306, Dec. 17, 2004, 118 Stat. 3869, provided that:
“The
Secretary of Homeland Security shall ensure that the
Department of Homeland Security complies with the protections for human research subjects, as described in
part 46 of title 45, Code of Federal Regulations, or in equivalent regulations as promulgated by such
Secretary, with respect to research that is conducted or supported by the
Department.”
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