Establishing the Office of Homeland Security and the Homeland Security Council

This executive order creates the Office of Homeland Security within the Executive Office of the President, headed by an Assistant to the President for Homeland Security, and establishes the Homeland Security Council to advise the President on homeland security matters. It assigns broad coordination responsibilities across detection, preparedness, prevention, protection, response, and recovery from terrorist threats and attacks, while amending prior executive orders to integrate the new council into national security structures.

Federal Register Open PDF 66 FR 51812

Key directives

Establish Office of Homeland Security within Executive Office of the President
Establish Homeland Security Council with specified cabinet and agency members
Develop and coordinate implementation of comprehensive national strategy to secure United States from terrorist threats or attacks
Coordinate executive branch efforts across detection, preparedness, prevention, protection, response, and recovery
Designate Assistant to the President for Homeland Security as principal point of contact for domestic incident coordination
Delegate original Top Secret classification authority to Assistant to the President for Homeland Security
Amend Executive Order 12656 to integrate Homeland Security Council into national security emergency preparedness structures
Certify necessary funding levels for homeland security activities prior to annual budget submission to Congress

Who is ordered

Timeline

Immediate

Office of Homeland Security established within Executive Office of the President
Homeland Security Council established with specified membership
Assistant to the President for Homeland Security designated as principal coordinator for domestic incident response
Original classification authority delegated to Assistant to the President for Homeland Security
Executive Order 12656 amended to integrate Homeland Security Council into national security emergency preparedness policy

Near term (90d)

Development of comprehensive national strategy to secure United States from terrorist threats
Initial coordination with departments and agencies on information sharing protocols
Review of federal emergency response plans pertaining to terrorism
Assessment of legal authorities available to executive departments and agencies

Long term

Periodic review and coordination of revisions to national strategy
Ongoing coordination of budget review and certification for homeland security funding
Continuous evaluation of national preparedness programs under appropriate standards
Periodic review and assessment of legal authorities with development of legislative proposals as needed

Risks & tensions

Coordination-heavy structure without direct operational authority may create implementation gaps; relies on voluntary cooperation of departments and agencies
Dual-hatting with National Security Council (Assistant to the President for National Security Affairs) creates potential jurisdictional friction on intelligence and border security matters
Budget certification authority gives significant leverage but remains advisory; OMB and agency heads retain formal budget control
Information sharing mandates qualified by 'to the extent permitted by law' may limit actual exchange between intelligence, law enforcement, and state/local entities
Vague scope of 'critical infrastructure' and 'private entities' could lead to expansive or contested application across sectors