Rulemaking 101

 
DHS mission is to ensure a homeland that is safe, secure, and resilient against terrorism and other hazards.

In many cases, DHS carries out its mission through the promulgation of regulatory actions. The DHS regulatory agenda includes regulations issued by DHS components, including the following six operational components with regulatory responsibilities:

• U.S. Citizenship and Immigration Services (USCIS)
• U.S. Coast Guard (Coast Guard)
• U.S. Customs and Border Protection (CBP)
• Federal Emergency Management Agency (FEMA)
• U.S. Immigration and Customs Enforcement (ICE)
• Transportation Security Administration (TSA)

In addition, the DHS regulatory agenda include regulations from the Department's major offices and directorates such as the National Protection and Programs Directorate (NPPD).

DHS is committed to ensuring that all of its regulatory initiatives are aligned with its guiding principles to protect civil rights and civil liberties, integrate our actions, build coalitions and partnerships, develop human resources, innovate, and be accountable to the American public.

Legal Authorities

The following legal authorities provide some of the major requirements for the federal rulemaking process:

• The Administrative Procedure Act (APA), 5 U.S.C §551 et seq. governs the process by which federal agencies develop and issue regulations.
• The Regulatory Flexibility Act (RFA), 5 U.S.C. §601 et seq. requires federal agencies, when developing proposed and final regulations, to consider the impact of regulations on small entities.
• Executive Order 12866 “Regulatory Planning and Review” and Executive Order 13563 “Improving Regulation and Regulatory Review” (PDF - 3 pages. 144 KB) direct federal agencies to follow certain principles in rulemaking, such as the consideration of alternatives and careful analysis of benefits and costs, and describes the Office of Information and Regulatory Affairs’ role in the federal rulemaking process.