Last Updated on May 10, 2020 by LawEuro
From Title 6—DOMESTIC SECURITY
CHAPTER 1—HOMELAND SECURITY ORGANIZATION
SUBCHAPTER I—DEPARTMENT OF HOMELAND SECURITY
§111. Executive department; mission
(a) Establishment
There is established a Department of Homeland 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 agencies 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 security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland;
(G) ensure that the civil rights and civil liberties of persons are not diminished by efforts, activities, and programs aimed at securing the homeland; and
(H) monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking.
(2) Responsibility for investigating and prosecuting terrorism
Except as specifically provided by law with respect to entities transferred to the Department under this chapter, primary responsibility for investigating and prosecuting acts of terrorism shall be vested not in the Department, 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.)
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 chapter. 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 subpar. (G) and redesignated former subpar. (G) as (H).
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 provision of law, the authority of the Office of Personnel Management to conduct personnel security and suitability background investigations, update investigations, 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 Directorate for Preparedness, and the Directorate of Science and Technology of the Department of Homeland Security is transferred to the Department of Homeland Security: Provided, That on request of the Department of Homeland Security, the Office of Personnel Management shall cooperate with and assist the Department in any investigation or reinvestigation under this section: Provided further, That this section shall cease to be effective at such time as the President has selected a single 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 entity 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 necessary investigations in a timely manner or has authorized the entities within the Department of Homeland Security covered by this section to conduct their own investigations pursuant to section 3001 of such Act.”
[For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Directorate for Preparedness, as constituted on June 1, 2006, including the functions of the Under Secretary for Preparedness relating thereto, to the Federal Emergency Management Agency, with certain exceptions, 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.
Ex. Ord. No. 13286. Amendment of Executive Orders, and Other Actions, in Connection With the Transfer 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 ordered as follows:
Section 1. [Amended Ex. Ord. No. 13276, set out as a note under section 1182 of Title 8, Aliens and Nationality.]
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 National 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 Defense.]
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, Property, and Works.]
Sec. 19. [Amended Ex. Ord. No. 12989, set out as a note under section 1324a of Title 8, Aliens and Nationality.]
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 Defense.]
Sec. 23. [Amended Ex. Ord. No. 12977, set out as a note under section 121 of Title 40, Public Buildings, Property, 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 assigned 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 Security or not pursuant to such Act), or intended or required 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 Defense.]
Sec. 58. [Amended Ex. Ord. No. 11800, formerly set out as a note under section 301a of Title 37, Pay and Allowances 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 Defense.]
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 Defense.]
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 Defense.]
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 Security as a defense agency of the United States for the purposes of chapter 17 of title 35 of the United States Code.
Sec. 86. Exception from the Provisions of the Government Employees Training Act.
Those elements of the Department of Homeland Security that are supervised by the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection through the Department’s Assistant 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 provisions 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 considered 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 authorities.
Sec. 88. Order of Succession.
Subject to the provisions of subsection (b) of this section, the officers named in subsection (a) of this section, 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. (Vacancies Act), during any period in which the Secretary has died, resigned, or otherwise become unable to perform 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 Management Agency;
(iv) Under Secretary for National Protection and Programs;
(v) Under Secretary for Science and Technology;
(vi) Under Secretary for Intelligence and Analysis;
(vii) Commissioner of U.S. Customs and Border Protection;
(viii) Administrator of the Transportation Security Administration;
(ix) Director of U.S. Immigration and Customs Enforcement;
(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 Border Protection;
(xv) Deputy Administrator of the Transportation Security Administration;
(xvi) Deputy Director of U.S. Immigration and Customs Enforcement;
(xvii) Deputy Director of U.S. Citizenship and Immigration 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 permitted 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 Homeland Security”) [6 U.S.C. 121 note], references in any prior Executive Order relating to an agency or an agency 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 appropriate, 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 Secretary 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 Secretary 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 Intelligence 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 Intelligence 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 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.
[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 3001 of Title 50, War and National 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 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 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 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 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 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; 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.)
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.
Amendments
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).
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.”
1 So in original. Probably should be “Office for State and Local Government Coordination”.
§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 consent of the Senate:
(A) 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.
(B) An Under Secretary for Science and Technology.
(C) A Commissioner of U.S. Customs and Border Protection.
(D) An Administrator of the Federal Emergency 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 Infrastructure 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, Policy, 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 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 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 following 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 Liberties.
(4) An Assistant Secretary for the Countering 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 Financial 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 absence, disability, or vacancy in office, neither the Secretary nor Deputy Secretary is available 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 Affairs of the Senate and the Committee on Homeland Security of the House of Representatives of any vacancies that require notification 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.)
References in Text
The Inspector General Act of 1978, referred to in subsec. (b), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
Sections 2 and 44 of title 14, referred to in subsec. (c), redesignated sections 102 and 302, respectively, of title 14 by Pub. L. 115–282, title I, §§103(b), 104(b), Dec. 4, 2018, 132 Stat. 4195, 4196, and references to sections 2 and 44 of title 14 deemed to refer to such redesignated sections, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.
This chapter, referred to in subsecs. (c) and (f), 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.
The Federal Vacancies Reform Act of 1998, referred to in subsec. (g)(3), is section 151(a) of title I of div. C of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–611, which enacted sections 3345 to 3349d of Title 5, Government Organization and Employees, repealed former sections 3345 to 3349 of Title 5, and enacted provisions set out as a note under section 3345 of Title 5. For complete classification of this Act to the Code, see Short Title of 1998 Amendment note set out under section 3301 of Title 5 and Tables.
Amendments
2018—Subsec. (a)(1)(H). Pub. L. 115–278 amended subpar. (H) generally. Prior to amendment, subpar. (H) read as follows: “An Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department.”
Subsec. (d)(4). Pub. L. 115–387 substituted “An Assistant Secretary for the Countering Weapons of Mass Destruction Office” for “A Director for Domestic Nuclear Detection”.
2016—Subsec. (a)(1)(C). Pub. L. 114–125, §802(g)(1)(A)(ii)(I), substituted “A Commissioner of U.S. Customs and Border Protection.” for “An Under Secretary for Border and Transportation Security.”
Subsec. (a)(1)(F). Pub. L. 114–328, §1903(a)(1)(A), inserted “, who shall be first assistant to the Deputy Secretary of Homeland Security for purposes of subchapter III of chapter 33 of title 5” before period at end.
Subsec. (a)(1)(G). Pub. L. 114–125, §802(g)(1)(A)(ii)(II), substituted “A Director of U.S. Immigration and Customs Enforcement.” for “A Director of the Office of Counternarcotics Enforcement.”
Subsec. (a)(1)(K). Pub. L. 114–328, §1903(a)(1)(B), added subpar. (K).
Subsec. (d)(5). Pub. L. 114–328, §1901(a), added par. (5).
Subsec. (g). Pub. L. 114–328, §1903(a)(2), added subsec. (g).
2012—Subsec. (a). Pub. L. 112–166 redesignated introductory provisions as introductory provisions of par. (1), inserted par. (1) heading, substituted “Except as provided under paragraph (2), there” for “There”, redesignated pars. (1) to (10) as subpars. (A) to (J), respectively, of par. (1), and added par. (2).
2008—Subsec. (d)(3) to (5). Pub. L. 110–388 redesignated pars. (4) and (5) as (3) and (4), respectively, and struck out former par. (3) which read as follows: “A Chief Human Capital Officer.”
2007—Subsec. (a)(8) to (10). Pub. L. 110–53 added par. (8) and redesignated former pars. (8) and (9) as (9) and (10), respectively.
2006—Subsec. (a)(2) to (4). Pub. L. 109–295, §612(b)(2), (3), redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which read as follows: “An Under Secretary for Information Analysis and Infrastructure Protection.”
Subsec. (a)(5). Pub. L. 109–295, §612(b)(3), redesignated par. (6) as (5). Former par. (5) redesignated (4).
Pub. L. 109–295, §612(b)(1), added par. (5) and struck out former par. (5) which read as follows: “An Under Secretary for Emergency Preparedness and Response.”
Subsec. (a)(6) to (10). Pub. L. 109–295, §612(b)(3), redesignated pars. (7) to (10) as (6) to (9), respectively. Former par. (6) redesignated (5).
Subsec. (d)(5). Pub. L. 109–347 added par. (5).
2004—Subsec. (a)(8) to (10). Pub. L. 108–458 added par. (8) and redesignated former pars. (8) and (9) as (9) and (10), respectively.
Subsec. (d)(4), (5). Pub. L. 108–330, §3(d)(1)(A)(i), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: “A Chief Financial Officer.”
Subsecs. (e), (f). Pub. L. 108–330, §3(d)(1)(A)(ii), (iii), added subsec. (e) and redesignated former subsec. (e) as (f).
2003—Subsec. (b). Pub. L. 108–7 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “There is an Inspector General, who shall be appointed as provided in section 3(a) of the Inspector General Act of 1978.”
Change of Name
Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of this title.
Effective Date of 2012 Amendment
Pub. L. 112–166, §6(a), Aug. 10, 2012, 126 Stat. 1295, provided that: “The amendments made by section 2 [see Tables for classification] shall take effect 60 days after the date of enactment of this Act [Aug. 10, 2012] and apply to appointments made on and after that effective date, including any nomination pending in the Senate on that date.”
Under Secretary Responsible for Overseeing Critical Infrastructure Protection, Cybersecurity and Related Programs Authorized To Serve as Director of Cybersecurity and Infrastructure Security
For authorization of individual serving as Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity and related programs on the day before Nov. 16, 2018, to continue to serve as Director of Cybersecurity and Infrastructure Security on and after such date, see section 2(b)(1) of Pub. L. 115–278, Nov. 16, 2018, 132 Stat. 4175, set out as a note under section 652 of this title.
1 See References in Text note below.
§114. Sensitive Security Information
Using funds made available in this Act, the Secretary of Homeland Security shall provide that each office within the Department that handles documents marked as Sensitive Security Information (SSI) shall have at least one employee in that office with authority to coordinate and make determinations on behalf of the agency that such documents meet the criteria for marking as SSI: Provided, That not later than December 31, 2005, the Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives: (1) Department-wide policies for designating, coordinating and marking documents as SSI; (2) Department-wide auditing and accountability procedures for documents designated and marked as SSI; (3) the total number of SSI Coordinators within the Department; and (4) the total number of staff authorized to designate SSI documents within the Department: Provided further, That not later than January 31, 2006, the Secretary shall provide to the Committees on Appropriations of the Senate and the House of Representatives the title of all DHS documents that are designated as SSI in their entirety during the period October 1, 2005, through December 31, 2005: Provided further, That not later than January 31 of each succeeding year, starting on January 31, 2007, the Secretary shall provide annually a similar report to the Committees on Appropriations of the Senate and the House of Representatives on the titles of all DHS documents that are designated as SSI in their entirety during the period of January 1 through December 31 for the preceding year: Provided further, That the Secretary shall promulgate guidance that includes common but extensive examples of SSI that further define the individual categories of information cited under 49 CFR 1520(b)(1) through (16) and eliminates judgment by covered persons in the application of the SSI marking: Provided further, That such guidance shall serve as the primary basis and authority for the marking of DHS information as SSI by covered persons.
(Pub. L. 109–90, title V, §537, Oct. 18, 2005, 119 Stat. 2088.)
References in Text
This Act, referred to in text, is Pub. L. 109–90, Oct. 18, 2005, 119 Stat. 2064, known as the Department of Homeland Security Appropriations Act, 2006. For complete classification of this Act to the Code, see Tables.
Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2006, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Applicability of Third Proviso
Pub. L. 114–113, div. F, title V, §510(b), Dec. 18, 2015, 129 Stat. 2514, provided that: “The third proviso of section 537 of the Department of Homeland Security Appropriations Act, 2006 (6 U.S.C. 114), shall hereafter not apply with respect to funds made available in this or any other Act.”
§115. Trade and customs revenue functions of the Department
(a) Trade and customs revenue functions
(1) Designation of appropriate official
The Secretary shall designate an appropriate senior official in the office of the Secretary who shall—
(A) ensure that the trade and customs revenue functions of the Department are coordinated within the Department and with other Federal departments and agencies, and that the impact on legitimate trade is taken into account in any action impacting the functions; and
(B) monitor and report to Congress on the Department’s mandate to ensure that the trade and customs revenue functions of the Department are not diminished, including how spending, operations, and personnel related to these functions have kept pace with the level of trade entering the United States.
(2) Director of Trade Policy
There shall be a Director of Trade Policy (in this subsection referred to as the “Director”), who shall be subject to the direction and control of the official designated pursuant to paragraph (1). The Director shall—
(A) advise the official designated pursuant to paragraph (1) regarding all aspects of Department policies relating to the trade and customs revenue functions of the Department;
(B) coordinate the development of Department-wide policies regarding trade and customs revenue functions and trade facilitation; and
(C) coordinate the trade and customs revenue-related policies of the Department with the policies of other Federal departments and agencies.
(b) Study; report
(1) In general
The Comptroller General of the United States shall conduct a study evaluating the extent to which the Department of Homeland Security is meeting its obligations under section 212(b) of this title with respect to the maintenance of customs revenue functions.
(2) Analysis
The study shall include an analysis of—
(A) the extent to which the customs revenue functions carried out by the former United States Customs Service have been consolidated with other functions of the Department (including the assignment of noncustoms revenue functions to personnel responsible for customs revenue collection), discontinued, or diminished following the transfer of the United States Customs Service to the Department;
(B) the extent to which staffing levels or resources attributable to customs revenue functions have decreased since the transfer of the United States Customs Service to the Department; and
(C) the extent to which the management structure created by the Department ensures effective trade facilitation and customs revenue collection.
(3) Report
Not later than 180 days after October 13, 2006, the Comptroller General shall submit to the appropriate congressional committees a report on the results of the study conducted under subsection (a).
(4) Maintenance of functions
Not later than September 30, 2007, the Secretary shall ensure that the requirements of section 212(b) of this title are fully satisfied and shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives regarding implementation of this paragraph.
(5) Definition
In this section, the term “customs revenue functions” means the functions described in section 212(b)(2) of this title.
(c) Consultation on trade and customs revenue functions
(1) Business community consultations
The Secretary shall consult with representatives of the business community involved in international trade, including seeking the advice and recommendations of the Commercial Operations Advisory Committee, not later than 30 days after proposing, and not later than 30 days before finalizing, any Department policies, initiatives, or actions that will have a significant impact on international trade and customs revenue functions.
(2) Congressional consultation and notification
(A) In general
Subject to subparagraph (B), the Secretary shall notify the appropriate congressional committees not later than 60 days before proposing, and not later than 60 days before finalizing, any Department policies, initiatives, or actions that will have a major impact on trade and customs revenue functions. Such notifications shall include a description of the proposed policies, initiatives, or actions and any comments or recommendations provided by the Commercial Operations Advisory Committee and other relevant groups regarding the proposed policies, initiatives, or actions.
(B) Exception
If the Secretary determines that it is important to the national security interest of the United States to finalize any Department policies, initiatives, or actions prior to the consultation described in subparagraph (A), the Secretary shall—
(i) notify and provide any recommendations of the Commercial Operations Advisory Committee received to the appropriate congressional committees not later than 45 days after the date on which the policies, initiatives, or actions are finalized; and
(ii) to the extent appropriate, modify the policies, initiatives, or actions based upon the consultations with the appropriate congressional committees.
(d) Notification of reorganization of customs revenue functions
(1) In general
Not less than 45 days prior to any change in the organization of any of the customs revenue functions of the Department, the Secretary shall notify the Committee on Appropriations, the Committee on Finance, and the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Appropriations, the Committee on Homeland Security, and the Committee on Ways and Means of the House of Representatives of the specific assets, functions, or personnel to be transferred as part of such reorganization, and the reason for such transfer. The notification shall also include—
(A) an explanation of how trade enforcement functions will be impacted by the reorganization;
(B) an explanation of how the reorganization meets the requirements of section 212(b) of this title that the Department not diminish the customs revenue and trade facilitation functions formerly performed by the United States Customs Service; and
(C) any comments or recommendations provided by the Commercial Operations Advisory Committee regarding such reorganization.
(2) Analysis
Any congressional committee referred to in paragraph (1) may request that the Commercial Operations Advisory Committee provide a report to the committee analyzing the impact of the reorganization and providing any recommendations for modifying the reorganization.
(3) Report
Not later than 1 year after any reorganization referred to in paragraph (1) takes place, the Secretary, in consultation with the Commercial Operations Advisory Committee, shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. Such report shall include an assessment of the impact of, and any suggested modifications to, such reorganization.
(Pub. L. 109–347, title IV, §401, Oct. 13, 2006, 120 Stat. 1921; Pub. L. 114–125, title IX, §902, Feb. 24, 2016, 130 Stat. 223.)
Codification
Section was enacted as part of the Security and Accountability For Every Port Act of 2006, also known as the SAFE Port Act, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Amendments
2016—Subsec. (c)(1). Pub. L. 114–125, §902(1), substituted “not later than 30 days after proposing, and not later than 30 days before finalizing, any Department policies, initiatives, or actions that will have” for “on Department policies and actions that have”.
Subsec. (c)(2)(A). Pub. L. 114–125, §902(2), substituted “not later than 60 days before proposing, and not later than 60 days before finalizing,” for “not later than 30 days prior to the finalization of”.
Definitions
For definitions of terms used in this section, see section 901 of this title.
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