DHS mission is to ensure a homeland that is safe, secure, and resilient against terrorism and other potential threats.
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 seven operational components with regulatory responsibilities:
- U.S. Citizenship and Immigration Services (USCIS)
- U.S. Coast Guard (USCG)
- U.S. Customs and Border Protection (CBP)
- Federal Emergency Management Agency (FEMA)
- U.S. Immigration and Customs Enforcement (ICE)
- Transportation Security Administration (TSA)
- Cybersecurity and Infrastructure Security Agency (CISA)
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.
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 13272, “Proper Consideration of Small Entities in Agency Rulemaking” directs agencies to establish procedures and policies to promote compliance with the Regulatory Flexibility Act.
• DHS has “Procedures for Compliance with the Regulatory Flexibility Act and Executive Order 13272” (November 3, 2004), which provides DHS with guidance for meeting the requirements of the RFA and Executive Order 13272.”
- 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.
- Executive Order 13771 “Reducing Regulation and Controlling Regulatory Costs” requires federal departments and agencies to: (1) eliminate two regulatory actions for each new regulatory action; and (2) not exceed a regulatory cost allowance.