Executive Order 13228: Establishing the Office of Homeland Security and the Homeland Security Council
President: George W. Bush
Created the White House Office of Homeland Security and Homeland Security Council to coordinate national strategy, intelligence, preparedness, prevention, protection, response and recovery after the September 11 attacks.
Status: In effect as amended.
Is Executive Order 13228 still in effect? Yes. Active as amended and partly codified; operational structure has changed.
What does Executive Order 13228 do?
The order assigned these duties: Assistant to the President for Homeland Security — Develop and coordinate a comprehensive national strategy and advise the President; Homeland Security Council — Advise the President and coordinate policy across agencies.
Later evidence reviewed September 23, 2026: Presidential memoranda continued a joint NSC/HSC policy process. 2017 national-security memorandum recognizing the HSC. The memorandum documents the later policy process, rather than a wholesale repeal of the 2001 council framework.
Before and after
Before the order
Homeland-security responsibilities were spread across existing agencies without the White House office and council structure established by this order.
After the order
The office produced the 2002 National Strategy for Homeland Security. The Homeland Security Act created DHS and codified the Homeland Security Council; EO 13284 and EO 13286 adjusted responsibilities after that transfer. Later presidential directives reorganized the White House policy process while continuing to recognize the statutory council.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Assistant to the President for Homeland Security | Develop and coordinate a comprehensive national strategy and advise the President | Ongoing |
| Homeland Security Council | Advise the President and coordinate policy across agencies | Ongoing under the order and later statute |
| Executive departments and agencies | Share lawful information and cooperate with coordination | Ongoing |
| Office of Homeland Security | Coordinate detection, preparedness, prevention, protection, response and recovery | Later adjusted for DHS statutory functions |
What happened next
EO 13228 signed.
HSPD-1 specified the organization and operation of the council.
The Homeland Security Act created DHS and codified the council.
Legal and source detail
How it works legally
The Homeland Security Act, agency statutes, appropriations, privacy law and civil-rights protections constrain implementation. The order coordinates existing powers and does not independently authorize surveillance, detention or emergency action.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
- GovInfo — authenticated compilation (opens in a new tab) Official record
How we checked this
Last checked against the sources above on October 2, 2026. How we research →