U.S Code last checked for updates: Feb 26, 2020
§ 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

1
 See References in Text note below.
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.)
cite as: 6 USC 113