6 USC 112(b)(c)

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TITLE 6—DOMESTIC SECURITY

SEC. 93. This order does not create any right or benefit, 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.
GEORGE W. BUSH.
[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 community deemed to be a reference to the Director of National Intelligence. 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 Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a) and (b) of Pub. L. 108–458, set out
as a note under section 401 of Title 50, War and National Defense.]
EX. ORD. NO. 13362. DESIGNATION OF ADDITIONAL OFFICERS FOR THE DEPARTMENT OF HOMELAND SECURITY
ORDER OF SUCCESSION
Ex. Ord. No. 13362, Nov. 29, 2004, 69 F.R. 70173, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America and pursuant to the Federal Vacancies Reform
Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered
that:
SECTION 1. During any period when the Secretary of
Homeland Security (Secretary), the Deputy Secretary
of Homeland Security, and the officers designated to
perform the functions and duties of the office of Secretary by section 88 of Executive Order 13286 of February 28, 2003 (‘‘Amendment of Executive Orders, and
Other Actions, in Connection With the Transfer of Certain Functions to the Secretary of Homeland Security’’) [set out as a note above], have died, resigned, or
otherwise become unable to perform the functions and
duties of the office of Secretary, the following officers
of the Department of Homeland Security, in the order
listed, shall perform the functions and duties of the office of Secretary, if they are eligible to act as Secretary under the provisions of the Federal Vacancies
Reform Act of 1998, until such time as at least one of
the officers mentioned above is able to perform the
functions and duties of the office of Secretary:
Director, Region V, Federal Emergency Management
Agency;
Director, Region VI, Federal Emergency Management
Agency;
Director, Region VII, Federal Emergency Management Agency;
Director, Region VIII, Federal Emergency Management Agency; and
Director, Region X, Federal Emergency Management
Agency.
SEC. 2. Exceptions.
(a) No individual who is serving in an office listed in
section 1 in an acting capacity, by virtue of so serving,
shall act as Secretary pursuant to this order.
(b) Notwithstanding the provisions of this order, the
President retains discretion, to the extent permitted by
law, to depart from this order in designating an acting
Secretary.
GEORGE W. BUSH.

§ 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 control over it.

§ 112

(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 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;
(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
1 So in original. Probably should be ‘‘Office of State and Local
Government Coordination’’.

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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; and
(B) advise the Secretary on homeland security policies, regulations, processes, and
actions that affect the participating industries and associations;
(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) 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;
(9) coordinating with the Directorate of Border and Transportation Security and the Assistant Secretary for Trade Development of
the Department of Commerce on issues related
to the travel and tourism industries; and
(10) 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.)
REFERENCES IN TEXT
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.

Page 12
AMENDMENTS

2004—Subsec. (f)(8) to (10). Pub. L. 108–458 added 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.’’
EX. ORD. NO. 13416. STRENGTHENING SURFACE
TRANSPORTATION SECURITY
Ex. Ord. No. 13416, Dec. 5, 2006, 71 F.R. 71033, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and to strengthen the security of the Nation’s
surface transportation systems and thereby enhance
the protection of the people, property, and territory of
the United States of America against terrorist attacks,
it is hereby ordered as follows:
SECTION 1. Policy. The security of our Nation’s surface
transportation systems is a national priority, vital to
our economy, and essential to the security of our Nation. Federal, State, local, and tribal governments, the
private sector, and the public share responsibility for
the security of surface transportation. It is the policy
of the United States to protect the people, property,
and territory of the United States by facilitating the
implementation of a comprehensive, coordinated, and
efficient security program to protect surface transportation systems within and adjacent to the United
States against terrorist attacks.
SEC. 2. Definitions. For purposes of this order:
(a) ‘‘agencies’’ means those executive departments
enumerated in 5 U.S.C. 101, independent establishments
as defined by 5 U.S.C. 104(1), government corporations
as defined by 5 U.S.C. 103(1), and the United States
Postal Service;
(b) ‘‘Secretary’’ means the Secretary of Homeland Security;
(c) ‘‘security guideline’’ means any security-related
guidance that the Secretary recommends, for implementation on a voluntary basis, to enhance the security of surface transportation;
(d) ‘‘security requirement’’ means any ‘‘regulatory
action’’ as defined in section 3 of Executive Order 12866
of September 30, 1993, as amended (Regulatory Planning
and Review), including security directives when appropriate, to implement measures to enhance the security
of surface transportation;
(e) ‘‘surface transportation modes’’ means mass transit, commuter and long-distance passenger rail, freight
rail, commercial vehicles (including intercity buses),
and pipelines, and related infrastructure (including
roads and highways), that are within the territory of
the United States, but does not include electric grids;
and
(f) ‘‘surface transportation’’ means any conveyance of
people, goods, or commodities using one or more surface transportation modes.
SEC. 3. Functions of the Secretary of Homeland Security.
The Secretary is the principal Federal official respon-

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sible for infrastructure protection activities for surface
transportation. To implement the policy set forth in
section 1 of this order, the Secretary shall, consistent
with the National Infrastructure Protection Plan
(NIPP), in coordination with the Secretary of Transportation, and in consultation with the heads of other
relevant agencies:
(a) assess the security of each surface transportation
mode and evaluate the effectiveness and efficiency of
current Federal Government surface transportation security initiatives;
(b) building upon current security initiatives, not
later than December 31, 2006, develop a comprehensive
transportation systems sector specific plan, as defined
in the NIPP;
(c) not later than 90 days after the comprehensive
transportation systems sector specific plan is completed, develop an annex to such plan that addresses
each surface transportation mode, which shall also include, at a minimum—
(i) an identification of existing security guidelines
and security requirements and any security gaps, a description of how the transportation systems sector specific plan will be implemented for such mode, and the
respective roles, responsibilities, and authorities of
Federal, State, local, and tribal governments and the
private sector;
(ii) schedules and protocols for annual reviews of the
effectiveness of surface transportation security-related
information sharing mechanisms in bringing about the
timely exchange of surface transportation security information among Federal, State, local, and tribal governments and the private sector, as appropriate; and
(iii) a process for assessing (A) compliance with any
security guidelines and security requirements issued by
the Secretary for surface transportation, and (B) the
need for revision of such guidelines and requirements
to ensure their continuing effectiveness;
(d) in consultation with State, local, and tribal government officials and the private sector, not later than
180 days after the date of this order, identify surface
transportation modes, or components thereof, that are
subject to high risk of terrorist attack, draft appropriate security guidelines or security requirements to
mitigate such risks, and ensure that, prior to their issuance, draft security requirements are transmitted to
the Office of Management and Budget for review in accordance with Executive Order 12866 and draft security
guidelines receive appropriate interagency review;
(e) develop, implement, and lead a process, in collaboration with other agencies, State, local, and tribal governments, and the private sector, as appropriate, to
coordinate research, development, testing, and evaluation of technologies (including alternative uses for
commercial off-the-shelf technologies and products) relating to the protection of surface transportation, including—
(i) determining product and technology needs to inform the requirements for and prioritization of research, development, testing, and evaluation, based on
the security guidelines and security requirements developed pursuant to subsection (c) of this section and
evolving terrorist threats to the security of surface
transportation;
(ii) collecting information on existing and planned research, development, testing, and evaluation efforts;
and
(iii) not later than 180 days after the date of this
order, consistent with section 313 of the Homeland Security Act of 2002, as amended (6 U.S.C. 193), establishing and making available to Federal, State, local, and
tribal government entities, and private sector owners
and operators of surface transportation systems, lists
of available technologies and products relating to the
protection of surface transportation; and
(f) use security grants authorized by law to assist in
implementing security requirements and security
guidelines issued pursuant to law and consistent with
subsection (c) of this section.
SEC. 4. Duties of Heads of Other Agencies. Heads of
agencies, as appropriate, shall provide such assistance

§ 113

and information as the Secretary may request to implement this order.
SEC. 5. General Provisions. This order:
(a) shall be implemented consistent with applicable
law and the authorities of agencies, or heads of agencies, vested by law, and subject to the availability of
appropriations;
(b) shall not be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals; and
(c) is not intended to, and does not, create any rights
or benefits, substantive or procedural, enforceable at
law or in equity by a party against the United States,
its agencies, instrumentalities, or entities, its officers,
employees, or agents, or any other person.
GEORGE W. BUSH.

§ 113. Other officers
(a) Deputy Secretary; Under Secretaries
There are the following officers, appointed by
the President, by and with the advice and consent of the Senate:
(1) A Deputy Secretary of Homeland Security, who shall be the Secretary’s first assistant for purposes of subchapter III of chapter 33
of title 5.
(2) An Under Secretary for Science and
Technology.
(3) An Under Secretary for Border and
Transportation Security.
(4) An Administrator of the Federal Emergency Management Agency.
(5) A Director of the Bureau of Citizenship
and Immigration Services.
(6) An Under Secretary for Management.
(7) A Director of the Office of Counternarcotics Enforcement.
(8) Not more than 12 Assistant Secretaries.
(9) A General Counsel, who shall be the chief
legal officer of the Department.
(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 the Inspector General Act of 1978 (5 U.S.C. App.).
(c) Commandant of the Coast Guard
To assist the Secretary in the performance of
the Secretary’s functions, there is a Commandant of the Coast Guard, who shall be appointed as provided in section 44 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 of title
14.
(d) Other officers
To assist the Secretary in the performance of
the Secretary’s functions, there are the following officers, appointed by the President:
(1) A Director of the Secret Service.
(2) A Chief Information Officer.
(3) A Chief Human Capital Officer.
(4) An Officer for Civil Rights and Civil Liberties.
(5) A Director for Domestic Nuclear Detection.
(e) Chief Financial Officer
There shall be in the Department a Chief Financial Officer, as provided in chapter 9 of title
31.