6 U.S.C. § 113 — Other officers

(a) Deputy Secretary; Under Secretaries (1) Except as in (2), the President appoints, with the Senate's approval: (A) a Deputy Secretary of Homeland Security, who is the Secretary's first assistant for certain title 5 purposes; (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 is the Deputy Secretary's first assistant for the same purposes; (G) a Director of U.S. Immigration and Customs Enforcement; (H) a Director of the Cybersecurity and Infrastructure Security Agency; (I) up to 12 Assistant Secretaries; (J) a General Counsel, the Department's chief legal officer; and (K) an Under Secretary for Strategy, Policy, and Plans. (2) If an Assistant Secretary from (1)(I) is designated for Health Affairs, Legislative Affairs, or Public Affairs, the President appoints that person without needing Senate approval. (b) Inspector General: The Department has an Office of Inspector General, headed by an Inspector General, as set up under title 5, chapter 4. (c) Commandant of the Coast Guard: To help the Secretary, there is a Commandant of the Coast Guard, appointed as required by title 14, who reports directly to the Secretary and carries out the duties this chapter and title 14 assign, plus any the Secretary adds. (d) Other officers: To help the Secretary, the President also appoints: (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; and (5) any Director of a Joint Task Force under section 348 of this title. (e) Chief Financial Officer: The Department has a Chief Financial Officer, as set up under title 31, chapter 9. (f) Performance of specific functions: Subject to this chapter, every Department officer must perform the functions the law specifies for their office, or that the Secretary assigns. (g) Vacancies (1) Despite the usual title 5 succession rules, if neither the Secretary nor the Deputy Secretary is available due to absence, disability, or a vacancy, the Under Secretary for Management serves as Acting Secretary. (2) Despite those same rules, the Secretary may designate other Department officers as further backups to serve as Acting Secretary. (3) The Secretary must notify the Senate and House Homeland Security committees of vacancies that require notice under the Federal Vacancies Reform Act of 1998 (title 5, sections 3345–3349d).