Title 6Domestic SecurityRelease 119-73

§349 Office of Strategy, Policy, and Plans

Title 6 › Chapter CHAPTER 1— - HOMELAND SECURITY ORGANIZATION › Subchapter SUBCHAPTER VII— - MANAGEMENT › § 349

Last updated Apr 6, 2026|Official source

Summary

Creates an Office of Strategy, Policy, and Plans inside the Department. The office is led by an Under Secretary who is the main policy advisor to the Secretary and is appointed by the President with the Senate’s approval. The Under Secretary must run the Department’s policy work and long-term planning, make sure policies across the Department are consistent and high quality, use risk-based analysis for strategic goals, consult with the Secretary on the quadrennial homeland security review (section 347), run leadership councils and provide analytics, handle international coordination, consider outside feedback, and do other tasks the Secretary assigns. The Secretary may create one Deputy Under Secretary job and fill it with a career employee (a regular civil service worker, not a political appointee). No similar deputy positions can be created without Congress’ OK. Heads of Department components must work with this office when making or changing policies or plans. The Under Secretary must set standards for statistical data, get data from all components, analyze and report it as required, and ensure metrics sent to Congress are accurate. Immigration statistics (including the Yearbook of Immigration Statistics and region-by-region counts of applications and denials with reasons, broken down by denial type and application type) move to this office. The office also has an Assistant Secretary, appointed by the President without Senate approval, who handles economic security and trade policy for the Department, can oversee supply chain policy and reports on critical economic security domains, and works with other agencies and outside groups. “Critical economic security domain” means infrastructure, industry, technology, or intellectual property essential to U.S. economic security. Nothing here changes the rules in section 468.

Full Legal Text

Title 6, §349

Domestic Security — Source: USLM XML via OLRC

(a)There is established in the Department an Office of Strategy, Policy, and Plans.
(b)The Office of Strategy, Policy, and Plans shall be headed by an Under Secretary for Strategy, Policy, and Plans, who shall serve as the principal policy advisor to the Secretary. The Under Secretary for Strategy, Policy, and Plans shall be appointed by the President, by and with the advice and consent of the Senate.
(c)The Under Secretary for Strategy, Policy, and Plans shall—
(1)lead, conduct, and coordinate Department-wide policy development and implementation and strategic planning;
(2)develop and coordinate policies to promote and ensure quality, consistency, and integration for the programs, components, offices, and activities across the Department;
(3)develop and coordinate strategic plans and long-term goals of the Department with risk-based analysis and planning to improve operational mission effectiveness, including consultation with the Secretary regarding the quadrennial homeland security review under section 347 of this title;
(4)manage Department leadership councils and provide analytics and support to such councils;
(5)manage international coordination and engagement for the Department;
(6)review and incorporate, as appropriate, external stakeholder feedback into Department policy; and
(7)carry out such other responsibilities as the Secretary determines appropriate.
(d)(1)The Secretary may—
(A)establish within the Office of Strategy, Policy, and Plans a position of Deputy Under Secretary to support the Under Secretary for Strategy, Policy, and Plans in carrying out the Under Secretary’s responsibilities; and
(B)appoint a career employee to such position.
(2)A Deputy Under Secretary position (or any substantially similar position) within the Office of Strategy, Policy, and Plans may not be established except for the position provided for by paragraph (1), unless the Secretary receives prior authorization from Congress.
(3)For purposes of paragraph (1)—
(A)the term “career employee” means any employee (as such term is defined in section 2105 of title 5), but does not include a political appointee; and
(B)the term “political appointee” means any employee who occupies a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character.
(e)To ensure consistency with the policy priorities of the Department, the head of each component of the Department shall coordinate with the Office of Strategy, Policy, and Plans in establishing or modifying policies or strategic planning guidance with respect to each such component.
(f)(1)The Under Secretary for Strategy, Policy, and Plans shall—
(A)establish standards of reliability and validity for statistical data collected and analyzed by the Department;
(B)be provided by the heads of all components of the Department with statistical data maintained by the Department regarding the operations of the Department;
(C)conduct or oversee analysis and reporting of such data by the Department as required by law or as directed by the Secretary; and
(D)ensure the accuracy of metrics and statistical data provided to Congress.
(2)There shall be transferred to the Under Secretary for Strategy, Policy, and Plans the maintenance of all immigration statistical information of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and United States Citizenship and Immigration Services, which shall include information and statistics of the type contained in the publication entitled “Yearbook of Immigration Statistics” prepared by the Office of Immigration Statistics, including region-by-region statistics on the aggregate number of applications and petitions filed by an alien (or filed on behalf of an alien) and denied, and the reasons for such denials, disaggregated by category of denial and application or petition type.
(g)(1)There is established within the Office of Strategy, Policy, and Plans an Assistant Secretary, who shall assist the Secretary in carrying out the duties under paragraph (2) and the responsibilities under paragraph (3). Notwithstanding section 113(a)(1) of this title, the Assistant Secretary established under this paragraph shall be appointed by the President without the advice and consent of the Senate.
(2)At the direction of the Secretary, the Assistant Secretary established under paragraph (1) shall be responsible for policy formulation regarding matters relating to economic security and trade, as such matters relate to the mission and the operations of the Department.
(3)In addition to the duties specified in paragraph (2), the Assistant Secretary established under paragraph (1), at the direction of the Secretary, may—
(A)oversee—
(i)coordination of supply chain policy; and
(ii)assessments and reports to Congress related to critical economic security domains;
(B)coordinate with stakeholders in other Federal departments and agencies and nongovernmental entities with trade and economic security interests, authorities, and responsibilities; and
(C)perform such additional duties as the Secretary or the Under Secretary of Strategy, Policy, and Plans may prescribe.
(4)In this subsection:
(A)The term “critical economic security domain” means any infrastructure, industry, technology, or intellectual property (or combination thereof) that is essential for the economic security of the United States.
(B)The term “economic security” has the meaning given such term in section 474(c)(2) of this title.
(h)Nothing in this section overrides or otherwise affects the requirements specified in section 468 of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsecs. (g), (h). Pub. L. 117–263 added subsec. (g) and redesignated former subsec. (g) as (h).

Statutory Notes and Related Subsidiaries

Rule of

Construction

Pub. L. 117–263, div. G, title LXXI, § 7116(c), Dec. 23, 2022, 136 Stat. 3638, provided that: “Nothing in this section [amending this section and enacting provisions set out as a note under section 451 of this title] or the

Amendments

made by this section may be construed to affect or diminish the authority otherwise granted to any other officer of the Department of Homeland Security.”

Reference

Citations & Metadata

Citation

6 U.S.C. § 349

Title 6Domestic Security

Last Updated

Apr 6, 2026

Release point: 119-73