6 U.S.C. § 112
Section 112 · Secretary; functions
Amended 5 times on record
Applied in 8 court decisions — leading case United States v. DiTomasso (2010)
Most recently applied in Kennedy v. Braidwood Management, Inc. (June 2025)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
There is a Secretary of Homeland Security, appointed by the President, by and with the advice and consent of the Senate.
The Secretary is the head of the Department and shall have direction, authority, and control over it.
All functions of all officers, employees, and organizational units of the Department are vested in the Secretary.
The Secretary—
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;
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
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.
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—
coordinating with State and local government personnel, agencies, and authorities, and with the private sector, to ensure adequate planning, equipment, training, and exercise activities;
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
distributing or, as appropriate, coordinating the distribution of, warnings and information to State and local government personnel, agencies, and authorities and to the public.
The Secretary may, subject to the direction of the President, attend and participate in meetings of the National Security Council.
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.
The Secretary shall appoint a Special Assistant to the Secretary who shall be responsible for—
creating and fostering strategic communications with the private sector to enhance the primary mission of the Department to protect the American homeland;
advising the Secretary on the impact of the Department’s policies, regulations, processes, and actions on the private sector;
interfacing with other relevant Federal agencies with homeland security missions to assess the impact of these agencies’ actions on the private sector;
creating and managing private sector advisory councils composed of representatives of industries and associations designated by the Secretary to—
advise the Secretary on private sector products, applications, and solutions as they relate to homeland security challenges;
advise the Secretary on homeland security policies, regulations, processes, and actions that affect the participating industries and associations; and
advise the Secretary on private sector preparedness issues, including effective methods for—
promoting voluntary preparedness standards to the private sector; and
assisting the private sector in adopting voluntary preparedness standards;
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;
promoting existing public-private partnerships and developing new public-private partnerships to provide for collaboration and mutual support to address homeland security challenges;
assisting in the development and promotion of private sector best practices to secure critical infrastructure;
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;
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;
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
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.
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.
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.) shall not apply whenever such advice or feedback is sought in accordance with this subsection.
1 So in original. Probably should be “Office for State and Local Government Coordination”.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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 Security 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 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.
The Federal Advisory Committee Act, referred to in subsec. (h), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.
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 Security”.
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
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.”