6 U.S.C. § 112 — Secretary; functions

Page 18 TITLE 6—DOMESTIC SECURITY § 112 SEC. 86. Exception from the Provisions of the Government Employees Training Act. Those elements of the Department of Homeland Secu- rity that are supervised by the Under Secretary of Homeland Security for Information Analysis and Infra- structure Protection through the Department’s Assist- ant Secretary for Information Analysis are, pursuant to section 4102(b)(1) of title 5, United States Code, and in the public interest, excepted from the following pro- visions of the Government Employees Training Act as codified in title 5: sections 4103(a)(1), 4108, 4115, 4117, and 4118, and that part of 4109(a) that provides ‘‘under the regulations prescribed under section 4118(a)(8) of this title and’’. SEC. 87. Functions of Certain Officials in the Coast Guard. The Commandant and the Assistant Commandant for Intelligence of the Coast Guard each shall be consid- ered a ‘‘Senior Official of the Intelligence Community’’ for purposes of Executive Order 12333 of December 4, 1981 [50 U.S.C. 3001 note], and all other relevant au- thorities. SEC. 88. Order of Succession. Subject to the provisions of subsection (b) of this sec- tion, the officers named in subsection (a) of this sec- tion, in the order listed, shall act as, and perform the functions and duties of the office of, the Secretary of Homeland Security (Secretary), if they are eligible to act as Secretary under the provisions of the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq. (Va- cancies Act), during any period in which the Secretary has died, resigned, or otherwise become unable to per- form the functions and duties of the office of Secretary. (a) Order of Succession. (i) Deputy Secretary of Homeland Security; (ii) Under Secretary for Management; (iii) Administrator of the Federal Emergency Man- agement Agency; (iv) Under Secretary for National Protection and Pro- grams; (v) Under Secretary for Science and Technology; (vi) Under Secretary for Intelligence and Analysis; (vii) Commissioner of U.S. Customs and Border Pro- tection; (viii) Administrator of the Transportation Security Administration; (ix) Director of U.S. Immigration and Customs En- forcement; (x) Director of U.S. Citizenship and Immigration Services; (xi) Assistant Secretary for Policy; (xii) General Counsel; (xiii) Deputy Under Secretary for Management; (xiv) Deputy Commissioner of U.S. Customs and Bor- der Protection; (xv) Deputy Administrator of the Transportation Se- curity Administration; (xvi) Deputy Director of U.S. Immigration and Cus- toms Enforcement; (xvii) Deputy Director of U.S. Citizenship and Immi- gration Services; and (xviii) Director of the Federal Law Enforcement Training Center. (b) Exceptions. (i) No individual who is serving in an office listed in subsection (a) in an acting capacity, by virtue of so serving, shall act as Secretary pursuant to this section. (ii) Notwithstanding the provisions of this section, the President retains discretion, to the extent per- mitted by the Vacancies Act, to depart from this order in designating an acting Secretary. SEC. 89. Savings Provision. Except as otherwise specifically provided above or in Executive Order 13284 of January 23, 2003 (‘‘Amendment of Executive Orders, and Other Actions, in Connection With the Establishment of the Department of Home- land Security’’) [6 U.S.C. 121 note], references in any prior Executive Order relating to an agency or an agen- cy component that is transferred to the Department of Homeland Security (‘‘the Department’’), or relating to a function that is transferred to the Secretary of Homeland Security, shall be deemed to refer, as appro- priate, to the Department or its officers, employees, agents, organizational units, or functions. SEC. 90. Nothing in this order shall be construed to impair or otherwise affect the authority of the Sec- retary of Defense with respect to the Department of Defense, including the chain of command for the armed forces of the United States under section 162(b) of title 10, United States Code, and the authority of the Sec- retary of Defense with respect to the Department of Defense under section 113(b) of that title. SEC. 91. Nothing in this order shall be construed to limit or restrict the authorities of the Central Intel- ligence Agency and the Director of Central Intelligence pursuant to the National Security Act of 1947 [act July 26, 1947, ch. 343; see Tables for classification] and the CIA Act of 1949 [probably means the Central Intel- ligence Agency Act of 1949, act June 20, 1949, ch. 227; see Tables for classification]. SEC. 92. This order shall become effective on March 1, 2003. SEC. 93. This order does not create any right or ben- efit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person. [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a) and (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and Na- tional Defense.] EXECUTIVE ORDER NO. 13362 Ex. Ord. No. 13362, Nov. 29, 2004, 69 F.R. 70173, which designated additional officers for the Department of Homeland Security order of succession, was revoked by Ex. Ord. No. 13442, § 2, Aug. 13, 2007, 72 F.R. 45878. § 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 con- trol 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 organi- zational unit of the Department; (2) shall have the authority to make con- tracts, grants, and cooperative agreements, and to enter into agreements with other exec- utive agencies, as may be necessary and prop- er to carry out the Secretary’s responsibilities under this chapter or otherwise provided by law; and Page 19 TITLE 6—DOMESTIC SECURITY § 112 1 So in original. Probably should be ‘‘Office for State and Local Government Coordination’’. 2 See References in Text note below. (3) shall take reasonable steps to ensure that information systems and databases of the De- partment are compatible with each other and with appropriate databases of other Depart- ments. (c) Coordination with non-Federal entities With respect to homeland security, the Sec- retary 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 govern- ment personnel, agencies, and authorities, and with the private sector, to ensure adequate planning, equipment, training, and exercise activities; (2) coordinating and, as appropriate, consoli- dating, the Federal Government’s communica- tions and systems of communications relating to homeland security with State and local government personnel, agencies, and authori- ties, the private sector, other entities, and the public; and (3) distributing or, as appropriate, coordi- nating the distribution of, warnings and infor- mation to State and local government per- sonnel, 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 meet- ings 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 Assist- ant to the Secretary who shall be responsible for— (1) creating and fostering strategic commu- nications with the private sector to enhance the primary mission of the Department to pro- tect the American homeland; (2) advising the Secretary on the impact of the Department’s policies, regulations, proc- esses, 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 ad- visory 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 se- curity policies, regulations, processes, and actions that affect the participating indus- tries 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 adopt- ing voluntary preparedness standards; (5) working with Federal laboratories, feder- ally funded research and development centers, other federally funded organizations, aca- demia, and the private sector to develop inno- vative approaches to address homeland secu- rity challenges to produce and deploy the best available technologies for homeland security missions; (6) promoting existing public-private part- nerships and developing new public-private partnerships to provide for collaboration and mutual support to address homeland security challenges; (7) assisting in the development and pro- motion of private sector best practices to se- cure critical infrastructure; (8) providing information to the private sec- tor regarding voluntary preparedness stand- ards and the business justification for pre- paredness and promoting to the private sector the adoption of voluntary preparedness stand- ards; (9) coordinating industry efforts, with re- spect to functions of the Department of Home- land Security, to identify private sector re- sources and capabilities that could be effective in supplementing Federal, State, and local government agency efforts to prevent or re- spond 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 Prepared- ness 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 Ad- vancement Act of 1995 (15 U.S.C. 272 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 fur- therance of this subsection, the Secretary shall require each such head to seek, to the extent practicable, advice and feedback from organiza- tions representing the needs of children. The Federal Advisory Committee Act (5 U.S.C. App.) 2 shall not apply whenever such advice or Page 20 TITLE 6—DOMESTIC SECURITY § 112 feedback is sought in accordance with this sub- section. (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; Pub. L. 117–130, § 2, June 6, 2022, 136 Stat. 1229.) 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 Se- curity 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 Tech- nology 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. The Federal Advisory Committee Act, referred to in subsec. (h), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Govern- ment Organization and Employees, and was substan- tially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table pre- ceding section 101 of Title 5. AMENDMENTS 2022—Subsec. (h). Pub. L. 117–130 added subsec. (h). 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 Se- curity’’. 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 DAILY PUBLIC REPORT OF COVERED CONTRACT AWARDS Pub. L. 117–263, div. G, title LXXI, § 7113, Dec. 23, 2022, 136 Stat. 3631, provided that: ‘‘(a) DAILY CONTRACT REPORTING REQUIREMENTS.— ‘‘(1) REPORT.— ‘‘(A) IN GENERAL.—The Secretary shall post, maintain, and update in accordance with paragraph (2), on a publicly available website of the Depart- ment, a daily report of all covered contract awards. ‘‘(B) CONTENTS.—Each report under this para- graph shall include, for each covered contract award, information relating to the following: ‘‘(i) The contract number, modification number, or delivery order number. ‘‘(ii) The contract type. ‘‘(iii) The amount obligated for the award. ‘‘(iv) The total contract value for the award, in- cluding all options. ‘‘(v) The description of the purpose for the award. ‘‘(vi) The number of proposals or bids received. ‘‘(vii) The name and address of the vendor, and whether the vendor is a small business. ‘‘(viii) The period and primary place of perform- ance for the award. ‘‘(ix) Whether the award is multiyear. ‘‘(x) The contracting office. ‘‘(2) UPDATE.—The Secretary shall make updates re- ferred to in paragraph (1) not later than five business days after the date on which a covered contract is au- thorized or modified. ‘‘(3) EFFECTIVE DATE.—Paragraph (1) shall take ef- fect on the date that is 180 days after the date of the enactment of this Act [Dec. 23, 2022]. ‘‘(b) UNDEFINITIZED CONTRACT ACTION OR DEFINITIZED AMOUNT.—If a covered contract award reported under subsection (a) includes an undefinitized contract ac- tion, the Secretary shall— ‘‘(1) report the estimated total contract value for the award and the amount obligated upon award; and ‘‘(2) once there is a definitized amount for the award, update the total contract value and amount obligated. ‘‘(c) EXEMPTION.—Each report required under sub- section (a) shall not include covered contract awards for which synopsis was exempted under section 5.202(a)(1) of the Federal Acquisition Regulation, or any successor thereto. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) COVERED CONTRACT AWARD.—The term ‘covered contract award’— ‘‘(A) means a contract action of the Department with a total contract value of not less than $4,000,000, including unexercised options; and ‘‘(B) includes— ‘‘(i) contract awards governed by the Federal Acquisition Regulation; ‘‘(ii) modifications to a contract award that in- crease the total value, expand the scope of work, or extend the period of performance; ‘‘(iii) orders placed on a multiple-award or mul- tiple-agency contract that includes delivery or quantity terms that are indefinite; ‘‘(iv) other transaction authority agreements; and ‘‘(v) contract awards made with other than full and open competition. ‘‘(2) DEFINITIZED AMOUNT.—The term ‘definitized amount’ means the final amount of a covered con- tract award after agreement between the Department and the contractor at issue. ‘‘(3) DEPARTMENT.—The term ‘Department’ means the Department of Homeland Security. ‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary of Homeland Security. ‘‘(5) SMALL BUSINESS.—The term ‘small business’ means an entity that qualifies as a small business concern, as defined under section 3 of the Small Busi- ness Act (15 U.S.C. 632). ‘‘(6) TOTAL CONTRACT VALUE.—The term ‘total con- tract value’ means the total amount of funds ex- pected to be provided to the contractor at issue under the terms of the contract through the full period of performance. ‘‘(7) UNDEFINITIZED CONTRACT ACTION.—The term ‘undefinitized contract action’ means any contract action for which the contract terms, specifications, or price is not established prior to the start of the performance of the covered contract award. ‘‘(e) SUNSET.—This section shall cease to have force or effect on the date that is five years after the date of the enactment of this Act [Dec. 23, 2022].’’ REQUIRED COORDINATION Pub. L. 108–458, title VII, § 7405, Dec. 17, 2004, 118 Stat. 3851, provided that: ‘‘The Secretary of Homeland Secu- rity shall ensure that there is effective and ongoing co- ordination of Federal efforts to prevent, prepare for, and respond to acts of terrorism and other major disas- ters and emergencies among the divisions of the De- partment of Homeland Security, including the Direc- torate of Emergency Preparedness and Response and the Office for State and Local Government Coordina- tion and Preparedness.’’ Page 21 TITLE 6—DOMESTIC SECURITY § 113 1 See References in Text note below. 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 Secu- rity shall ensure that the Department of Homeland Se- curity complies with the protections for human re- search 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 re- search that is conducted or supported by the Depart- ment.’’ § 113. Other officers (a) Deputy Secretary; Under Secretaries (1) In general Except as provided under paragraph (2), there are the following officers, appointed by the President, by and with the advice and con- sent of the Senate: (A) A Deputy Secretary of Homeland Secu- rity, who shall be the Secretary’s first as- sistant for purposes of subchapter III of chapter 33 of title 5. (B) An Under Secretary for Science and Technology. (C) A Commissioner of U.S. Customs and Border Protection. (D) An Administrator of the Federal Emer- gency Management Agency. (E) A Director of the Bureau of Citizenship and Immigration Services. (F) An Under Secretary for Management, who shall be first assistant to the Deputy Secretary of Homeland Security for purposes of subchapter III of chapter 33 of title 5. (G) A Director of U.S. Immigration and Customs Enforcement. (H) A Director of the Cybersecurity and In- frastructure Security Agency. (I) Not more than 12 Assistant Secretaries. (J) A General Counsel, who shall be the chief legal officer of the Department. (K) An Under Secretary for Strategy, Pol- icy, and Plans. (2) Assistant Secretaries If any of the Assistant Secretaries referred to under paragraph (1)(I) is designated to be the Assistant Secretary for Health Affairs, the Assistant Secretary for Legislative Affairs, or the Assistant Secretary for Public Affairs, that Assistant Secretary shall be appointed by the President without the advice and consent of the Senate. (b) Inspector General There shall be in the Department an Office of Inspector General and an Inspector General at the head of such office, as provided in chapter 4 of title 5. (c) Commandant of the Coast Guard To assist the Secretary in the performance of the Secretary’s functions, there is a Com- mandant of the Coast Guard, who shall be ap- pointed as provided in section 44 1 of title 14 and who shall report directly to the Secretary. In addition to such duties as may be provided in this chapter and as assigned to the Commandant by the Secretary, the duties of the Commandant shall include those required by section 2 1 of title 14. (d) Other officers To assist the Secretary in the performance of the Secretary’s functions, there are the fol- lowing officers, appointed by the President: (1) A Director of the Secret Service. (2) A Chief Information Officer. (3) An Officer for Civil Rights and Civil Lib- erties. (4) An Assistant Secretary for the Coun- tering Weapons of Mass Destruction Office. (5) Any Director of a Joint Task Force under section 348 of this title. (e) Chief Financial Officer There shall be in the Department a Chief Fi- nancial Officer, as provided in chapter 9 of title 31. (f) Performance of specific functions Subject to the provisions of this chapter, every officer of the Department shall perform the functions specified by law for the official’s office or prescribed by the Secretary. (g) Vacancies (1) Absence, disability, or vacancy of Secretary or Deputy Secretary Notwithstanding chapter 33 of title 5, the Under Secretary for Management shall serve as the Acting Secretary if by reason of ab- sence, disability, or vacancy in office, neither the Secretary nor Deputy Secretary is avail- able to exercise the duties of the Office of the Secretary. (2) Further order of succession Notwithstanding chapter 33 of title 5, the Secretary may designate such other officers of the Department in further order of succession to serve as Acting Secretary. (3) Notification of vacancies The Secretary shall notify the Committee on Homeland Security and Governmental Af- fairs of the Senate and the Committee on Homeland Security of the House of Represent- atives of any vacancies that require notifica- tion under sections 3345 through 3349d of title 5 (commonly known as the ‘‘Federal Vacancies Reform Act of 1998’’). (Pub. L. 107–296, title I, § 103, Nov. 25, 2002, 116 Stat. 2144; Pub. L. 108–7, div. L, § 104(a), Feb. 20, 2003, 117 Stat. 529; Pub. L. 108–330, § 3(d)(1)(A), Oct. 16, 2004, 118 Stat. 1276; Pub. L. 108–458, title VII, § 7407(b), Dec. 17, 2004, 118 Stat. 3853; Pub. L. 109–295, title VI, § 612(b), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 109–347, title V, § 501(b)(1), Oct. 13, 2006, 120 Stat. 1935; Pub. L. 110–53, title V, § 531(b)(2), Aug. 3, 2007, 121 Stat. 334; Pub. L. 110–388, § 1, Oct. 10, 2008, 122 Stat. 4144; Pub. L. 112–166, § 2(f)(5), Aug. 10, 2012, 126 Stat. 1285; Pub. L. 114–125, title VIII, § 802(g)(1)(A)(ii), Feb. 24, 2016, 130 Stat. 211; Pub. L. 114–328, div. A, title XIX, §§ 1901(a), 1903(a), Dec. 23, 2016, 130 Stat. 2665, 2672; Pub. L. 115–278, § 2(g)(1), Nov. 16, 2018, 132 Stat. 4176; Pub. L. 115–387, § 2(f)(1), Dec. 21, 2018, 132 Stat. 5168; Pub. L. 117–286, § 4(b)(21), Dec. 27, 2022, 136 Stat. 4345.)