6 U.S. Code § 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.
(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;
(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;
(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.
(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;
(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)
providing information to the private sector regarding voluntary preparedness standards and the business justification for preparedness and promoting to the private sector the adoption of voluntary preparedness standards;
(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;
[1] So in original. Probably should be “Office of State and Local Government Coordination”.
Source
(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.)
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) ofPub. L. 104–113, and which is set out as a note under section
272 of Title
15, Commerce and Trade.
Amendments
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. 108–458added pars. (8) to (10).
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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