SEC. 102. [6 U.S.C. 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.

(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 Act, 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 Act 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 (established under

section 801) (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, United States Code, except as specifically

provided in this Act, in laws granting regulatory authorities

that are transferred by this Act, and in laws enacted after the

date of enactment of this Act.

(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 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

(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 note) and Office of Management and Budget Circular

A-119.

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