6 U.S.C. § 111 — Executive department; mission

Page 15 TITLE 6—DOMESTIC SECURITY § 111 1 So in original. strategy within the jurisdiction of such de- partment or agency, including for the Bio- defense Coordination Team, as appropriate; (4) describe guidance and methods for ana- lyzing the data collected from agencies to in- clude non-Federal resources and capabilities to the extent practicable; and (5) describe and update, as appropriate, short-, medium-, and long-term goals for exe- cuting the National Biodefense Strategy and metrics for meeting each objective of the Strategy. (c) Submittal to Congress The Secretary of Health and Human Services, the Secretary of Defense, the Secretary of Agri- culture, and the Secretary of Homeland Secu- rity shall, not later than 6 months after the date of the completion of the assessment in sub- section (d)(1)(A), submit the updated Implemen- tation Plan to the appropriate congressional committees. (d) Updated biodefense threat assessment (1) In general The Secretaries of Health and Human Serv- ices, Defense, Agriculture, and Homeland Se- curity, shall jointly, and in consultation with the Director of National Intelligence, and other agency heads as appropriate— (A) conduct an assessment of current and potential biological threats against the United States, both naturally occurring and man-made, either accidental or deliberate, including the potential for catastrophic bio- logical threats, such as a pandemic; (B) not later than 1 year after January 1, 2021, submit the findings of the assessment conducted under subparagraph (A) to the Federal officials described in subsection (d)(1)and 1 the appropriate congressional committees described in subsection (e); (C) not later than 30 days after the date on which the assessment is submitted under subparagraph (B), conduct a briefing for the appropriate congressional committees on the findings of the assessment; (D) update the assessment under subpara- graph (A) biennially, as appropriate, and provide the findings of such updated assess- ments to the Federal officials described in subsection (d)(1) and the appropriate con- gressional committees; and (E) conduct briefings for the appropriate congressional committees as needed any time an assessment under this paragraph is updated. (2) Classification and format Assessments under paragraph (1) shall be submitted in an unclassified format and in- clude a classified annex, as appropriate. (e) Appropriate congressional committees de- fined In this section, the term ‘‘appropriate congres- sional committees’’ means the following: (1) The Committees on Armed Services of the House of Representatives and the Senate. (2) The Committee on Energy and Commerce of the House of Representatives and the Com- mittee on Health, Education, Labor, and Pen- sions of the Senate. (3) The Committee on Homeland Security of the House of Representatives and the Com- mittee on Homeland Security and Govern- mental Affairs of the Senate. (4) The Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (5) The Permanent Select Committee on In- telligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (6) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (f) Rule of construction Nothing in this section shall be construed to alter, limit, or duplicate the roles, responsibil- ities, authorities, or current activities, as estab- lished in statute or otherwise through existing practice or policy, of each Federal department or agency with responsibilities for biodefense or otherwise relevant to implementation of the Na- tional Biodefense Strategy. (Pub. L. 116–283, div. A, title III, § 364, Jan. 1, 2021, 134 Stat. 3548.) Editorial Notes CODIFICATION Section was enacted as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, and not as part of the Homeland Secu- rity Act of 2002 which comprises this chapter. SUBCHAPTER I—DEPARTMENT OF HOMELAND SECURITY § 111. Executive department; mission (a) Establishment There is established a Department of Home- land Security, as an executive department of the United States within the meaning of title 5. (b) Mission (1) In general The primary mission of the Department is to— (A) prevent terrorist attacks within the United States; (B) reduce the vulnerability of the United States to terrorism; (C) minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the United States; (D) carry out all functions of entities transferred to the Department, including by acting as a focal point regarding natural and manmade crises and emergency planning; (E) ensure that the functions of the agen- cies and subdivisions within the Department that are not related directly to securing the homeland are not diminished or neglected except by a specific explicit Act of Congress; (F) ensure that the overall economic secu- rity of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland; Page 16 TITLE 6—DOMESTIC SECURITY § 111 (G) ensure that the civil rights and civil liberties of persons are not diminished by ef- forts, activities, and programs aimed at se- curing the homeland; and (H) monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and other- wise contribute to efforts to interdict illegal drug trafficking. (2) Responsibility for investigating and pros- ecuting terrorism Except as specifically provided by law with respect to entities transferred to the Depart- ment under this chapter, primary responsi- bility for investigating and prosecuting acts of terrorism shall be vested not in the Depart- ment, but rather in Federal, State, and local law enforcement agencies with jurisdiction over the acts in question. (Pub. L. 107–296, title I, § 101, Nov. 25, 2002, 116 Stat. 2142; Pub. L. 108–458, title VIII, § 8302, Dec. 17, 2004, 118 Stat. 3867.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(2), 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 chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. AMENDMENTS 2004—Subsec. (b)(1)(G), (H). Pub. L. 108–458 added sub- par. (G) and redesignated former subpar. (G) as (H). Statutory Notes and Related Subsidiaries TRANSFER OF CERTAIN OPM AUTHORITY TO DEPARTMENT OF HOMELAND SECURITY Pub. L. 109–295, title V, § 513, Oct. 4, 2006, 120 Stat. 1378, provided that: ‘‘Notwithstanding any other provi- sion of law, the authority of the Office of Personnel Management to conduct personnel security and suit- ability background investigations, update investiga- tions, and periodic reinvestigations of applicants for, or appointees in, positions in the Office of the Secretary and Executive Management, the Office of the Under Secretary for Management, Analysis and Operations, Immigration and Customs Enforcement, the Direc- torate for Preparedness, and the Directorate of Science and Technology of the Department of Homeland Secu- rity is transferred to the Department of Homeland Se- curity: Provided, That on request of the Department of Homeland Security, the Office of Personnel Manage- ment shall cooperate with and assist the Department in any investigation or reinvestigation under this section: Provided further, That this section shall cease to be ef- fective at such time as the President has selected a sin- gle agency to conduct security clearance investigations pursuant to section 3001(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 50 U.S.C. 435b [now 50 U.S.C. 3341]) and the enti- ty selected pursuant to section 3001(b) of such Act has reported to Congress that the agency selected pursuant to such section 3001(c) is capable of conducting all nec- essary investigations in a timely manner or has au- thorized the entities within the Department of Home- land Security covered by this section to conduct their own investigations pursuant to section 3001 of such Act.’’ [For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Directorate for Preparedness, as constituted on June 1, 2006, including the functions of the Under Sec- retary for Preparedness relating thereto, to the Federal Emergency Management Agency, with certain excep- tions, see section 315(a)(2), (b) of this title.] Similar provisions were contained in the following prior appropriation acts: Pub. L. 109–90, title V, § 516, Oct. 18, 2005, 119 Stat. 2084. Pub. L. 108–334, title V, § 518, Oct. 18, 2004, 118 Stat. 1318. Executive Documents EX. ORD. NO. 13286. AMENDMENT OF EXECUTIVE ORDERS, AND OTHER ACTIONS, IN CONNECTION WITH THE TRANS- FER OF CERTAIN FUNCTIONS TO THE SECRETARY OF HOMELAND SECURITY Ex. Ord. No. 13286, Feb. 28, 2003, 68 F.R. 10619, as amended by Ex. Ord. No. 13442, § 1, Aug. 13, 2007, 72 F.R. 45877; Ex. Ord. No. 13753, § 1, Dec. 9, 2016, 81 F.R. 90667, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Homeland Security Act of 2002 (Public Law 107–296) [see Tables for classification] and section 301 of title 3, United States Code, and in order to reflect the transfer of certain functions to, and other responsibilities vested in, the Secretary of Homeland Security, the transfer of certain agencies and agency components to the Department of Homeland Security, and the delegation of appropriate responsibilities to the Secretary of Homeland Security, it is hereby or- dered as follows: SECTION 1. [Amended Ex. Ord. No. 13276, set out as a note under section 1182 of Title 8, Aliens and Nation- ality.] SEC. 2. [Amended Ex. Ord. No. 13274, set out as a note under section 301 of Title 49, Transportation.] SEC. 3. [Amended Ex. Ord. No. 13271, formerly set out as a note under section 509 of Title 28, Judiciary and Judicial Procedure.] SEC. 4. [Amended and revoked Ex. Ord. No. 13260, set out as a note under section 3021 of Title 50, War and Na- tional Defense.] SEC. 5. [Amended Ex. Ord. No. 13257, set out as a note under section 7103 of Title 22, Foreign Relations and Intercourse.] SEC. 6. [Amended Ex. Ord. No. 13254, set out as a note under section 12501 of Title 42, The Public Health and Welfare.] SEC. 7. [Amended Ex. Ord. No. 13231, set out as a note under section 121 of this title.] SEC. 8. [Amended Ex. Ord. No. 13228, set out as a note under section 3021 of Title 50, War and National De- fense.] SEC. 9. [Amended Ex. Ord. No. 13223, set out as a note under section 12302 of Title 10, Armed Forces.] SEC. 10. [Amended Ex. Ord. No. 13212, set out as a note under section 13201 of Title 42, The Public Health and Welfare.] SEC. 11. [Amended Ex. Ord. No. 13165, set out as a note under section 1701 of Title 21, Food and Drugs.] SEC. 12. [Amended Ex. Ord. No. 13154.] SEC. 13. [Amended Ex. Ord. No. 13133.] SEC. 14. [Amended Ex. Ord. No. 13120, set out as a note under section 12304 of Title 10, Armed Forces.] SEC. 15. [Amended Ex. Ord. No. 13112, set out as a note under section 4321 of Title 42, The Public Health and Welfare.] SEC. 16. [Amended Ex. Ord. No. 13100, set out as a note under section 341 of Title 21, Food and Drugs.] SEC. 17. [Amended Ex. Ord. No. 13076, set out as a note under section 12304 of Title 10, Armed Forces.] SEC. 18. [Amended Ex. Ord. No. 13011, set out as a note under section 11101 of Title 40, Public Buildings, Prop- erty, and Works.] SEC. 19. [Amended Ex. Ord. No. 12989, set out as a note under section 1324a of Title 8, Aliens and Nationality.] Page 17 TITLE 6—DOMESTIC SECURITY § 111 SEC. 20. [Amended Ex. Ord. No. 12985, set out as a note preceding section 1121 of Title 10, Armed Forces.] SEC. 21. [Amended Ex. Ord. No. 12982, set out as a note under section 12304 of Title 10, Armed Forces.] SEC. 22. [Amended Ex. Ord. No. 12978, listed in a table under section 1701 of Title 50, War and National De- fense.] SEC. 23. [Amended Ex. Ord. No. 12977, set out as a note under section 121 of Title 40, Public Buildings, Prop- erty, and Works.] SEC. 24. [Amended Ex. Ord. No. 12919, formerly set out as a note under section 2153 of the former Appendix to Title 50, War and National Defense.] SEC. 25. [Amended Ex. Ord. No. 12906, set out as a note under section 1457 of Title 43, Public Lands.] SEC. 26. [Amended Ex. Ord. No. 12870, set out as a note under section 4727 of Title 15, Commerce and Trade.] SEC. 27. [Amended Ex. Ord. No. 12835, set out as a note under section 1023 of Title 15, Commerce and Trade.] SEC. 28. [Amended Ex. Ord. No. 12830, set out as a note preceding section 1121 of Title 10, Armed Forces.] SEC. 29. [Amended Ex. Ord. No. 12824, set out as a note under section 2736 of Title 14, Coast Guard.] SEC. 30. [Amended Ex. Ord. No. 12807, set out as a note under section 1182 of Title 8, Aliens and Nationality.] SEC. 31. [Amended Ex. Ord. No. 12793, set out as a note preceding section 1121 of Title 10, Armed Forces.] SEC. 32. [Amended Ex. Ord. No. 12789, set out as a note under section 1364 of Title 8, Aliens and Nationality.] SEC. 33. [Amended Ex. Ord. No. 12788, set out as a note under section 2391 of Title 10, Armed Forces.] SEC. 34. [Amended Ex. Ord. No. 12777, set out as a note under section 1321 of Title 33, Navigation and Navigable Waters.] SEC. 35. [Amended Ex. Ord. No. 12743, formerly set out as a note under section 12302 of Title 10, Armed Forces.] SEC. 36. [Amended Ex. Ord. No. 12742, set out as a note under section 82 of Title 50, War and National Defense.] SEC. 37. [Amended Ex. Ord. No. 12733, set out as a note under section 12304 of Title 10, Armed Forces.] SEC. 38. [Amended Ex. Ord. No. 12728, set out as a note under section 12305 of Title 10, Armed Forces.] SEC. 39. [Amended Ex. Ord. No. 12727, set out as a note under section 12304 of Title 10, Armed Forces.] SEC. 40. [Amended Ex. Ord. No. 12699, set out as a note under section 7704 of Title 42, The Public Health and Welfare.] SEC. 41. [Amended Ex. Ord. No. 12657, set out as a note under section 5195 of Title 42, The Public Health and Welfare.] SEC. 42. [(a) to (i) amended Ex. Ord. No. 12656, set out as a note under section 5195 of Title 42, The Public Health and Welfare.] Without prejudice to subsections (a) through (i) of this section, all responsibilities assigned to specific Federal officials pursuant to Executive Order 12656 that are substantially the same as any responsibility as- signed to, or function transferred to, the Secretary of Homeland Security pursuant to the Homeland Security Act of 2002 (regardless of whether such responsibility or function is expressly required to be carried out through another official of the Department of Homeland Secu- rity or not pursuant to such Act), or intended or re- quired to be carried out by an agency or an agency component transferred to the Department of Homeland Security pursuant to such Act, are hereby reassigned to the Secretary of Homeland Security. SEC. 43. [Amended Ex. Ord. No. 12580, set out as a note under section 9615 of Title 42, The Public Health and Welfare.] SEC. 44. [Amended Ex. Ord. No. 12555, set out as a note under section 2602 of Title 19, Customs Duties.] SEC. 45. [Amended Ex. Ord. No. 12501, set out as a note under section 4101 of Title 15, Commerce and Trade.] SEC. 46. [Amended Ex. Ord. No. 12472, formerly set out as a note under section 5195 of Title 42, The Public Health and Welfare.] SEC. 47. [Amended Ex. Ord. No. 12382, set out as a note under section 901 of Title 47, Telecommunications.] SEC. 48. [Amended Ex. Ord. No. 12341, set out as a note under section 1522 of Title 8, Aliens and Nationality.] SEC. 49. [Amended Ex. Ord. No. 12208, set out as a note under section 1157 of Title 8, Aliens and Nationality.] SEC. 50. [Amended Ex. Ord. No. 12188, set out as a note under section 2171 of Title 19, Customs Duties.] SEC. 51. [Amended Ex. Ord. No. 12160, set out as a note under section 3501 of Title 42, The Public Health and Welfare.] SEC. 52. [Amended Ex. Ord. No. 12148, set out as a note under section 5195 of Title 42, The Public Health and Welfare.] SEC. 53. [Amended Ex. Ord. No. 12146, set out as a note under section 509 of Title 28, Judiciary and Judicial Procedures.] SEC. 54. [Amended Ex. Ord. No. 12002, set out as a note under former section 4603 of Title 50, War and National Defense.] SEC. 55. [Amended Ex. Ord. No. 11965, set out as a note preceding section 1121 of Title 10, Armed Forces.] SEC. 56. [Amended Ex. Ord. No. 11926, set out as a note preceding section 1121 of Title 10, Armed Forces.] SEC. 57. [Amended Ex. Ord. No. 11858, set out as a note under section 4565 of Title 50, War and National De- fense.] SEC. 58. [Amended Ex. Ord. No. 11800, formerly set out as a note under section 301a of Title 37, Pay and Allow- ances of the Uniformed Services.] SEC. 59. [Amended Ex. Ord. No. 11645, set out as a note under section 2943 of Title 14, Coast Guard.] SEC. 60. [Amended Ex. Ord. No. 11623, set out as a note under section 3809 of Title 50, War and National De- fense.] SEC. 61. [Amended Ex. Ord. No. 11448, set out as a note preceding section 1121 of Title 10, Armed Forces.] SEC. 62. [Amended Ex. Ord. No. 11446, set out as a note under section 7342 of Title 5, Government Organization and Employees.] SEC. 63. [Amended Ex. Ord. No. 11438, set out as a note under section 1124 of Title 10, Armed Forces.] SEC. 64. [Amended Ex. Ord. No. 11366, set out as a note under section 12303 of Title 10, Armed Forces.] SEC. 65. [Amended Ex. Ord. No. 11239, set out as a note under former section 1051 of Title 33, Navigation and Navigable Waters.] SEC. 66. [Amended Ex. Ord. No. 11231.] SEC. 67. [Amended Ex. Ord. No. 11190, set out as a note under section 10149 of Title 10, Armed Forces.] SEC. 68. [Amended Ex. Ord. No. 11139.] SEC. 69. [Amended Ex. Ord. No. 11079, set out as a note under section 2603 of Title 10, Armed Forces.] SEC. 70. [Amended Ex. Ord. No. 11046, set out as a note under section 7276 of Title 10, Armed Forces.] SEC. 71. [Amended Ex. Ord. No. 11016, set out as a note under section 1129 of Title 10, Armed Forces.] SEC. 72. [Amended Ex. Ord. No. 10977.] SEC. 73. [Amended Ex. Ord. No. 10789, set out as a note under section 1431 of Title 50, War and National De- fense.] SEC. 74. [Amended Ex. Ord. No. 10694.] SEC. 75. [Amended Ex. Ord. No. 10637, set out as a note under section 301 of Title 3, The President.] SEC. 76. [Amended Ex. Ord. No. 10631, set out as a note under section 802 of Title 10, Armed Forces.] SEC. 77. [Amended Ex. Ord. No. 10554, set out as a note under section 772 of Title 10, Armed Forces.] SEC. 78. [Amended Ex. Ord. No. 10499.] SEC. 79. [Amended Ex. Ord. No. 10448.] SEC. 80. [Amended Ex. Ord. No. 10271, set out as a note under section 3819 of Title 50, War and National De- fense.] SEC. 81. [Amended Ex. Ord. No. 10179.] SEC. 82. [Amended Ex. Ord. No. 10163.] SEC. 83. [Amended Ex. Ord. No. 10113, set out as a note under section 418 of Title 37, Pay and Allowances of the Uniformed Services.] SEC. 84. [Amended Ex. Ord. No. 4601.] SEC. 85. Designation as a Defense Agency of the United States. I hereby designate the Department of Homeland Se- curity as a defense agency of the United States for the purposes of chapter 17 of title 35 of the United States Code. 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