6 U.S.C. § 113

Section 113 · Other officers

Current version, with additions and removals from the November 25, 2002 version.

Current — December 27, 2022

As of November 25, 2002

(a) Deputy Secretary; Under Secretaries

(1) In general

~~There~~ are the following officers, appointed by the President, by and with the advice and consent of the Senate:

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:

~~(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.

(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.

~~(2)~~ An Under Secretary for ~~Information Analysis~~ and ~~Infrastructure Protection.~~

(B) An Under Secretary for Science and Technology.

(3) An Under Secretary for Science and Technology.

(4) An Under Secretary for Border and Transportation Security.

(5) An Under Secretary for Emergency Preparedness and Response.

(D) An Administrator of the Federal Emergency Management Agency.

~~(6)~~ A Director of the Bureau of Citizenship and Immigration Services.

(E) A Director of the Bureau of Citizenship and Immigration Services.

(7) An Under Secretary for Management.

(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.

~~(8)~~ Not more than 12 Assistant Secretaries.

(I) Not more than 12 Assistant Secretaries.

~~(9)~~ A General Counsel, who shall be the chief legal officer of the Department.

(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 ~~is an Inspector General, who~~ shall be ~~appointed as provided~~ in ~~section 3(a) of~~ the Inspector General ~~Act~~ of ~~1978.~~

There shall be in the Department an Office of Inspector General and an Inspector General at the head of such office, as provided in chapter 4 of title 5.

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.

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) A Chief Human Capital Officer.

(4) A Chief Financial Officer.

~~(5)~~ An Officer for Civil Rights and Civil Liberties.

(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.

~~(e)~~ Performance of specific functions

(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").

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Versions

Dec 27, 2022 – presentcurrentviewing
Annual edition
Subsec. (b). Pub. L. 117–286 substituted "chapter 4 of title 5." for "the Inspector General Act of 1978 (5 U.S.C. App.)."
▸ what changed
Source credit
Pub. L. 117–286, §4(b)(21), Dec. 27, 2022, 136 Stat. 4345.
Dec 21, 2018 – Dec 27, 2022
Annual edition
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."
changes vs current →
Source credit
Pub. L. 115–387, §2(f)(1), Dec. 21, 2018, 132 Stat. 5168
Nov 16, 2018 – Dec 21, 2018
Amended · full text not held
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."
Source credit
Pub. L. 115–278, §2(g)(1), Nov. 16, 2018, 132 Stat. 4176
Dec 23, 2016 – Nov 16, 2018
Annual edition
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."
▸ what changed changes vs current →
Source credit
Pub. L. 114–328, div. A, title XIX, §§1901(a), 1903(a), Dec. 23, 2016, 130 Stat. 2665, 2672
Feb 24, 2016 – Dec 23, 2016
OLRC release point
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."
▸ what changed changes vs current →
Source credit
Pub. L. 114–125, title VIII, §802(g)(1)(A)(ii), Feb. 24, 2016, 130 Stat. 211
Aug 10, 2012 – Feb 24, 2016
Annual edition
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).
▸ what changed changes vs current →
Source credit
Pub. L. 112–166, §2(f)(5), Aug. 10, 2012, 126 Stat. 1285
Oct 10, 2008 – Aug 10, 2012
Annual edition
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."
▸ what changed changes vs current →
Source credit
Pub. L. 110–388, §1, Oct. 10, 2008, 122 Stat. 4144
Aug 3, 2007 – Oct 10, 2008
Annual edition
Subsec. (a)(8) to (10). Pub. L. 110–53 added par. (8) and redesignated former pars. (8) and (9) as (9) and (10), respectively.
▸ what changed changes vs current →
Source credit
Pub. L. 110–53, title V, §531(b)(2), Aug. 3, 2007, 121 Stat. 334
Oct 13, 2006 – Aug 3, 2007
Annual edition
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."
changes vs current →
Source credit
Pub. L. 109–347, title V, §501(b)(1), Oct. 13, 2006, 120 Stat. 1935
Oct 4, 2006 – Oct 13, 2006
Amended · full text not held
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."
Source credit
Pub. L. 109–295, title VI, §612(b), Oct. 4, 2006, 120 Stat. 1410
Dec 17, 2004 – Oct 4, 2006
Annual edition
Subsec. (a)(8) to (10). Pub. L. 108–458 added par. (8) and redesignated former pars. (8) and (9) as (9) and (10), respectively.
changes vs current →
Source credit
Pub. L. 108–458, title VII, §7407(b), Dec. 17, 2004, 118 Stat. 3853
Oct 16, 2004 – Dec 17, 2004
Amended · full text not held
Subsec. (a)(8) to (10). Pub. L. 108–458 added par. (8) and redesignated former pars. (8) and (9) as (9) and (10), respectively.
Source credit
Pub. L. 108–330, §3(d)(1)(A), Oct. 16, 2004, 118 Stat. 1276
Feb 20, 2003 – Oct 16, 2004
Annual edition
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."
▸ what changed changes vs current →
Source credit
Pub. L. 108–7, div. L, §104(a), Feb. 20, 2003, 117 Stat. 529
Nov 25, 2002 – Feb 20, 2003
Annual edition
changes vs current →
Source credit
Pub. L. 107–296, title I, §103, Nov. 25, 2002, 116 Stat. 2144

See all changes since 2002 → current

Every enactment and amendment in this section's credit is listed. Full text is shown for versions back to 2002; earlier amendments are recorded by date and act, without pre-1994 full text.