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6 U.S.C. § 123 — Secretary; functions

Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 123 — Secretary; functions

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Stable record: federal_law:legal_authorities:record_usc_69c96b2f7d73794fa94cdbe8
Source file: Laws/federal/codes/united-states-code/title-6/section-123-secretary-functions--9ef02ad76e.md
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Source location: Title 6, Chapter 1, § 123; chapter-001-homeland-security-organization.md

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**(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 11 So in original. Probably should be “Office for State and Local Government Coordination”. (established under [section 361 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section361&num=0&edition=prelim)) (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; (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— (i) promoting voluntary preparedness standards to the private sector; and (ii) assisting the private sector in adopting voluntary preparedness standards; (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; (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section272&num=0&edition=prelim) note) and Office of Management and Budget Circular A–119. **(h) Planning requirements** The Secretary shall ensure the head of each office and component of the Department takes into account the needs of children, including children within under-served communities, in mission planning and mission execution. In furtherance of this subsection, the Secretary shall require each such head to seek, to the extent practicable, advice and feedback from organizations representing the needs of children. The Federal Advisory Committee Act (5 U.S.C. App.) 22 See References in Text note below. shall not apply whenever such advice or feedback is sought in accordance with this subsection.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 361 — Quadrennial homeland security review

**(a) Requirement** (1) **Quadrennial reviews required** — In fiscal year 2009, and every 4 years thereafter, the Secretary shall conduct a review of the homeland security of the Nation (in this section referred to as a “quadrennial homeland security review”). (2) **Scope of reviews** — Each quadrennial homeland security review shall be a comprehensive examination of the homeland security strategy of the Nation, including recommendations regarding the long-term strategy and priorities of the Nation for homeland security and guidance on the programs, assets, capabilities, budget, policies, and authorities of the Department. (3) **Consultation** — The Secretary shall conduct each quadrennial homeland security review under this subsection in consultation with— (A) the heads of other Federal agencies, including the Attorney General, the Secretary of State, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of the Treasury, the Secretary of Agriculture the Secretary of Energy,,11 So in original. and the Director of National Intelligence; (B) key officials of the Department, including the Under Secretary for Strategy, Policy, and Plans; (C) representatives from appropriate advisory committees established pursuant to [section 451 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section451&num=0&edition=prelim), including the Homeland Security Advisory Council and the Homeland Security Science and Technology Advisory Committee, or otherwise established, including the Aviation Security Advisory Committee established pursuant to [section 44946 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44946&num=0&edition=prelim); and (D) other relevant governmental and

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 361

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 632 — Definitions

**(a) Small business concerns** (1) **In general** — For the purposes of this chapter, a small-business concern, including but not limited to enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries, shall be deemed to be one which is independently owned and operated and which is not dominant in its field of operation. (2) **Establishment of size standards** (A) *In general* — In addition to the criteria specified in paragraph (1) and subject to the requirements specified under subparagraph (C), the Administrator may specify detailed definitions or standards by which a business concern may be determined to be a small business concern for the purposes of this chapter or any other Act. (B) *Additional criteria* — The standards described in paragraph (1) may utilize number of employees, dollar volume of business, net worth, net income, a combination thereof, or other appropriate factors. (C) *Requirements* — Unless specifically authorized by statute, no Federal department (including the Administration when acting pursuant to subparagraph (A)) or agency may prescribe a size standard for categorizing a business concern as a small business concern, unless such proposed size standard— (i) is proposed after an opportunity for public notice and comment; (ii) provides for determining— (I) the size of a manufacturing concern as measured by the manufacturing concern’s average employment based upon employment during each of the manufacturing concern’s pay periods for the preceding 24 months; (II) the size of a business concern providing services on the basis of the annual average gross receipts of the business concern over

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 632

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 101 — Executive departments

The Executive departments are:

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 101 — Cyber incident review

**(a) Activities** The Center shall— (1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1501&num=0&edition=prelim) et seq.) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors; (2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies; (3) leverage information gathered about cyber incidents to— (A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and (B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 272 — Establishment, functions, and activities

**(a) Establishment of National Institute of Standards and Technology** There is established within the Department of Commerce a science, engineering, technology, and measurement laboratory to be known as the National Institute of Standards and Technology (hereafter in this chapter referred to as the “Institute”). **(b) Functions of Secretary and Institute** The Secretary of Commerce (hereafter in this chapter referred to as the “Secretary”) acting through the Director of the Institute (hereafter in this chapter referred to as the “Director”) is authorized to serve as the President’s principal adviser on standards policy pertaining to the Nation’s technological competitiveness and innovation ability and to take all actions necessary and appropriate to accomplish the purposes of this chapter, including the following functions of the Institute— (1) to assist industry in the development of technology and procedures needed to improve quality, to modernize manufacturing processes, to ensure product reliability, manufacturability, functionality, and cost-effectiveness, and to facilitate the more rapid commercialization, especially by small- and medium-sized companies throughout the United States, of products based on new scientific discoveries in fields such as automation, electronics, advanced materials, biotechnology, and optical technologies; (2) to develop, maintain, and retain custody of the national standards of measurement, and provide the means and methods for making measurements consistent with those standards; (3) to facilitate standards-related information sharing and cooperation between Federal agencies and to coordinate the use by Federal agencies of private sector standards, emphasizing where possible the use of standards developed by private, consensus orga

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 272

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 272 — Establishment, functions, and activities

Page 652 TITLE 15—COMMERCE AND TRADE § 272 of this title and enacting provisions set out as a note under section 278k of this title] may be cited as the ‘NIST Grants for Energy Efficiency, New Job Opportu- nities, and Business Solutions Act of 2010’ or the ‘NIST GREEN JOBS Act of 2010’.’’ SHORT TITLE OF 2010 AMENDMENT Pub. L. 111–240, title IV, § 4221, Sept. 27, 2010, 124 Stat. 2596, provided that: ‘‘This part [part I (§§ 4221–4228) of subtitle B of title IV of Pub. L. 111–240, amending sec- tion 278k of this title and enacting provisions set out as a note under section 278n of this title] may be cited as the ‘Export Promotion Act of 2010’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–309, § 1, Oct. 30, 1998, 112 Stat. 2935, pro- vided that: ‘‘This Act [enacting sections 278g–2a, 278p, and 1511e of this title, amending sections 278k, 3704, and 3711a of this title, enacting provisions set out as notes under sections 272 and 3711 of this title, and amending provisions set out as a note under this section] may be cited as the ‘Technology Administration Act of 1998’.’’ SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–245, title II, § 201(a), Feb. 14, 1992, 106 Stat. 15, provided that: ‘‘This title [amending sections 272 and 278n of this title and enacting provisions set out as notes under section 278n of this title] may be cited as the ‘Emerging Technologies and Advanced Technology Program Amendments Act of 1991’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–418, title V, § 5101, Aug. 23, 1988, 102 Stat. 1426, provided that: ‘‘This part [part I (§§ 5101–5164) of subtitle B of title V of Pub. L. 100–418, enacting sec- tions 205j–1, 278i to 278o, 282a, 1532, 1533, 3704a, and 4632 of this title, amending this section, sections 205a, 205b, 205k, 272 to 275, 278,

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 272

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 123 — Terrorist travel program

Page 40 TITLE 6—DOMESTIC SECURITY § 123 1 See References in Text note below. ary and Judicial Procedure. For complete classification of title II to the Code, see Tables. AMENDMENTS 2018—Subsecs. (c), (d)(2). Pub. L. 115–278 substituted ‘‘Director of National Intelligence’’ for ‘‘Director of Central Intelligence’’. § 123. Terrorist travel program (a) Requirement to establish Not later than 90 days after August 3, 2007, the Secretary of Homeland Security, in consultation with the Director of the National Counterterrorism Center and consistent with the strategy developed under section 7201,1 shall establish a program to oversee the implementa- tion of the Secretary’s responsibilities with re- spect to terrorist travel. (b) Head of the program The Secretary of Homeland Security shall des- ignate an official of the Department of Home- land Security to be responsible for carrying out the program. Such official shall be— (1) the Assistant Secretary for Policy of the Department of Homeland Security; or (2) an official appointed by the Secretary who reports directly to the Secretary. (c) Duties The official designated under subsection (b) shall assist the Secretary of Homeland Security in improving the Department’s ability to pre- vent terrorists from entering the United States or remaining in the United States undetected by— (1) developing relevant strategies and poli- cies; (2) reviewing the effectiveness of existing programs and recommending improvements, if necessary; (3) making recommendations on budget re- quests and on the allocation of funding and personnel; (4) ensuring effective coordination, with re- spect to policies, programs, planning, oper- ations, and dissemination of intelligence and information related to terrorist travel—

Source: Supplied 2024 U.S. Code historical extraction · 6 U.S.C. § 123

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