6 U.S.C. § 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, § 101Nov. 25, 2002116 Stat. 2142 Pub. L. 108–458, title VIII, § 8302Dec. 17, 2004118 Stat. 3867(, , ; , , .)

Editorial Notes

References in Text

Pub. L. 107–296Nov. 25, 2002116 Stat. 2135 section 101 of this titleThis chapter, referred to in subsec. (b)(2), was in the original “this Act”, meaning , , , 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 and Tables.

Amendments

Pub. L. 108–4582004—Subsec. (b)(1)(G), (H). added subpar. (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, § 513Oct. 4, 2006120 Stat. 1378

ProvidedProvided furtherPublic Law 108–458 50 U.S.C. 435b 50 U.S.C. 3341“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: , 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: , 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 (; [now ]) 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.”

, , , provided that:

June 1, 2006[For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Directorate for Preparedness, as constituted on , 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, § 516Oct. 18, 2005119 Stat. 2084, , .

Pub. L. 108–334, title V, § 518Oct. 18, 2004118 Stat. 1318, , .

Executive Documents

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

Feb. 28, 2003Aug. 13, 2007Dec. 9, 2016Jan. 3, 2025Ex. Ord. No. 13286, , 68 F.R. 10619, as amended by Ex. Ord. No. 13442, § 1, , 72 F.R. 45877; Ex. Ord. No. 13753, § 1, , 81 F.R. 90667; Ex. Ord. No. 14135, § 3(b), , 90 F.R. 2579, provided:

Public Law 107–296 section 301 of title 3By 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 () [see Tables for classification] and , 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:

Sectionsection 1182 of Title 8 1. [Amended Ex. Ord. No. 13276, set out as a note under , Aliens and Nationality.]

Secsection 301 of Title 49. 2. [Amended Ex. Ord. No. 13274, set out as a note under , Transportation.]

Secsection 509 of Title 28. 3. [Amended Ex. Ord. No. 13271, formerly set out as a note under , Judiciary and Judicial Procedure.]

Secsection 3021 of Title 50. 4. [Amended and revoked Ex. Ord. No. 13260, set out as a note under , War and National Defense.]

Secsection 7103 of Title 22. 5. [Amended Ex. Ord. No. 13257, set out as a note under , Foreign Relations and Intercourse.]

Secsection 12501 of Title 42. 6. [Amended Ex. Ord. No. 13254, set out as a note under , The Public Health and Welfare.]

Secsection 121 of this title. 7. [Amended Ex. Ord. No. 13231, set out as a note under .]

Secsection 3021 of Title 50. 8. [Amended Ex. Ord. No. 13228, set out as a note under , War and National Defense.]

Secsection 12302 of Title 10. 9. [Amended Ex. Ord. No. 13223, set out as a note under , Armed Forces.]

Secsection 13201 of Title 42. 10. [Amended Ex. Ord. No. 13212, set out as a note under , The Public Health and Welfare.]

Secsection 1701 of Title 21. 11. [Amended Ex. Ord. No. 13165, set out as a note under , Food and Drugs.]

Sec. 12. [Amended Ex. Ord. No. 13154.]

Sec. 13. [Amended Ex. Ord. No. 13133.]

Secsection 12304 of Title 10. 14. [Amended Ex. Ord. No. 13120, set out as a note under , Armed Forces.]

Secsection 4321 of Title 42. 15. [Amended Ex. Ord. No. 13112, set out as a note under , The Public Health and Welfare.]

Secsection 341 of Title 21. 16. [Amended Ex. Ord. No. 13100, set out as a note under , Food and Drugs.]

Secsection 12304 of Title 10. 17. [Amended Ex. Ord. No. 13076, set out as a note under , Armed Forces.]

Secsection 11101 of Title 40. 18. [Amended Ex. Ord. No. 13011, set out as a note under , Public Buildings, Property, and Works.]

Secsection 1324a of Title 8. 19. [Amended Ex. Ord. No. 12989, set out as a note under , Aliens and Nationality.]

Secsection 1121 of Title 10. 20. [Amended Ex. Ord. No. 12985, set out as a note preceding , Armed Forces.]

Secsection 12304 of Title 10. 21. [Amended Ex. Ord. No. 12982, set out as a note under , Armed Forces.]

Secsection 1701 of Title 50. 22. [Amended Ex. Ord. No. 12978, listed in a table under , War and National Defense.]

Secsection 121 of Title 40. 23. [Amended Ex. Ord. No. 12977, set out as a note under , 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.]

Secsection 1457 of Title 43. 25. [Amended Ex. Ord. No. 12906, set out as a note under , Public Lands.]

Secsection 4727 of Title 15. 26. [Amended Ex. Ord. No. 12870, set out as a note under , Commerce and Trade.]

Secsection 1023 of Title 15. 27. [Amended Ex. Ord. No. 12835, set out as a note under , Commerce and Trade.]

Secsection 1121 of Title 10. 28. [Amended Ex. Ord. No. 12830, set out as a note preceding , Armed Forces.]

Secsection 2736 of Title 14. 29. [Amended Ex. Ord. No. 12824, set out as a note under , Coast Guard.]

Secsection 1182 of Title 8. 30. [Amended Ex. Ord. No. 12807, set out as a note under , Aliens and Nationality.]

Secsection 1121 of Title 10. 31. [Amended Ex. Ord. No. 12793, set out as a note preceding , Armed Forces.]

Secsection 1364 of Title 8. 32. [Amended Ex. Ord. No. 12789, set out as a note under , Aliens and Nationality.]

Secsection 2391 of Title 10. 33. [Amended Ex. Ord. No. 12788, set out as a note under , Armed Forces.]

Secsection 1321 of Title 33. 34. [Amended Ex. Ord. No. 12777, set out as a note under , Navigation and Navigable Waters.]

Secsection 12302 of Title 10. 35. [Amended Ex. Ord. No. 12743, formerly set out as a note under , Armed Forces.]

Secsection 82 of Title 50. 36. [Amended Ex. Ord. No. 12742, set out as a note under , War and National Defense.]

Secsection 12304 of Title 10. 37. [Amended Ex. Ord. No. 12733, set out as a note under , Armed Forces.]

Secsection 12305 of Title 10. 38. [Amended Ex. Ord. No. 12728, set out as a note under , Armed Forces.]

Secsection 12304 of Title 10. 39. [Amended Ex. Ord. No. 12727, set out as a note under , Armed Forces.]

Secsection 7704 of Title 42. 40. [Amended Ex. Ord. No. 12699, set out as a note under , The Public Health and Welfare.]

Secsection 5195 of Title 42. 41. [Amended Ex. Ord. No. 12657, set out as a note under , The Public Health and Welfare.]

Secsection 5195 of Title 42. 42. [(a) to (i) amended Ex. Ord. No. 12656, set out as a note under , 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.

Secsection 9615 of Title 42. 43. [Amended Ex. Ord. No. 12580, set out as a note under , The Public Health and Welfare.]

Secsection 2602 of Title 19. 44. [Amended Ex. Ord. No. 12555, set out as a note under , Customs Duties.]

Secsection 4101 of Title 15. 45. [Amended Ex. Ord. No. 12501, set out as a note under , Commerce and Trade.]

Secsection 5195 of Title 42. 46. [Amended Ex. Ord. No. 12472, formerly set out as a note under , The Public Health and Welfare.]

Secsection 901 of Title 47. 47. [Amended Ex. Ord. No. 12382, set out as a note under , Telecommunications.]

Secsection 1522 of Title 8. 48. [Amended Ex. Ord. No. 12341, set out as a note under , Aliens and Nationality.]

Secsection 1157 of Title 8. 49. [Amended Ex. Ord. No. 12208, set out as a note under , Aliens and Nationality.]

Secsection 2171 of Title 19. 50. [Amended Ex. Ord. No. 12188, set out as a note under , Customs Duties.]

Secsection 3501 of Title 42. 51. [Amended Ex. Ord. No. 12160, set out as a note under , The Public Health and Welfare.]

Secsection 5195 of Title 42. 52. [Amended Ex. Ord. No. 12148, set out as a note under , The Public Health and Welfare.]

Secsection 509 of Title 28. 53. [Amended Ex. Ord. No. 12146, set out as a note under , Judiciary and Judicial Procedures.]

Secsection 4603 of Title 50. 54. [Amended Ex. Ord. No. 12002, set out as a note under former , War and National Defense.]

Secsection 1121 of Title 10. 55. [Amended Ex. Ord. No. 11965, set out as a note preceding , Armed Forces.]

Secsection 1121 of Title 10. 56. [Amended Ex. Ord. No. 11926, set out as a note preceding , Armed Forces.]

Secsection 4565 of Title 50. 57. [Amended Ex. Ord. No. 11858, set out as a note under , War and National Defense.]

Secsection 301a of Title 37. 58. [Amended Ex. Ord. No. 11800, formerly set out as a note under , Pay and Allowances of the Uniformed Services.]

Secsection 2943 of Title 14. 59. [Amended Ex. Ord. No. 11645, set out as a note under , Coast Guard.]

Secsection 3809 of Title 50. 60. [Amended Ex. Ord. No. 11623, set out as a note under , War and National Defense.]

Secsection 1121 of Title 10. 61. [Amended Ex. Ord. No. 11448, set out as a note preceding , Armed Forces.]

Secsection 7342 of Title 5. 62. [Amended Ex. Ord. No. 11446, set out as a note under , Government Organization and Employees.]

Secsection 1124 of Title 10. 63. [Amended Ex. Ord. No. 11438, set out as a note under , Armed Forces.]

Secsection 12303 of Title 10. 64. [Amended Ex. Ord. No. 11366, set out as a note under , Armed Forces.]

Secsection 1051 of Title 33. 65. [Amended Ex. Ord. No. 11239, set out as a note under former , Navigation and Navigable Waters.]

Sec. 66. [Amended Ex. Ord. No. 11231.]

Secsection 10149 of Title 10. 67. [Amended Ex. Ord. No. 11190, set out as a note under , Armed Forces.]

Sec. 68. [Amended Ex. Ord. No. 11139.]

Secsection 2603 of Title 10. 69. [Amended Ex. Ord. No. 11079, set out as a note under , Armed Forces.]

Secsection 7276 of Title 10. 70. [Amended Ex. Ord. No. 11046, set out as a note under , Armed Forces.]

Secsection 1129 of Title 10. 71. [Amended Ex. Ord. No. 11016, set out as a note under , Armed Forces.]

Sec. 72. [Amended Ex. Ord. No. 10977.]

Secsection 1431 of Title 50. 73. [Amended Ex. Ord. No. 10789, set out as a note under , War and National Defense.]

Sec. 74. [Amended Ex. Ord. No. 10694.]

Secsection 301 of Title 3. 75. [Amended Ex. Ord. No. 10637, set out as a note under , The President.]

Secsection 802 of Title 10. 76. [Amended Ex. Ord. No. 10631, set out as a note under , Armed Forces.]

Secsection 772 of Title 10. 77. [Amended Ex. Ord. No. 10554, set out as a note under , Armed Forces.]

Sec. 78. [Amended Ex. Ord. No. 10499.]

Sec. 79. [Amended Ex. Ord. No. 10448.]

Secsection 3819 of Title 50. 80. [Amended Ex. Ord. No. 10271, set out as a note under , War and National Defense.]

Sec. 81. [Amended Ex. Ord. No. 10179.]

Sec. 82. [Amended Ex. Ord. No. 10163.]

Secsection 418 of Title 37. 83. [Amended Ex. Ord. No. 10113, set out as a note under , Pay and Allowances of the Uniformed Services.]

Sec. 84. [Amended Ex. Ord. No. 4601.]

SecDesignation as a Defense Agency of the United States.. 85.

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.

SecException from the Provisions of the Government Employees Training Act.. 86.

section 4102(b)(1) of title 5 section 4118(a)(8) of this titleThose 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 , 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 and”.

SecFunctions of Certain Officials in the Coast Guard.. 87.

December 4, 198150 U.S.C. 3001The 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 [ note], and all other relevant authorities.

SecSavings Provision.. 88.

January 23, 20036 U.S.C. 121Except as otherwise specifically provided above or in Executive Order 13284 of (“Amendment of Executive Orders, and Other Actions, in Connection With the Establishment of the Department of Homeland Security”) [ 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.

Secsection 162(b) of title 10. 89. 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 , 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.

Secact July 26, 1947, ch. 343 act June 20, 1949, ch. 227. 90. 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 [; see Tables for classification] and the CIA Act of 1949 [probably means the Central Intelligence Agency Act of 1949, ; see Tables for classification].

SecMarch 1, 2003. 91. This order shall become effective on .

Sec. 92. 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.

Pub. L. 108–458 section 3001 of Title 50[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 , set out as a note under , War and National Defense.]

Executive Order No. 13362

Nov. 29, 2004Aug. 13, 2007Ex. Ord. No. 13362, , 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, , 72 F.R. 45878.