TITLE I-DEPARTMENT OF HOMELAND SECURITY

SEC. 101. EXECUTIVE DEPARTMENT; MISSION.

      (a) There is established a Department of Homeland Security, as an
executive department of the United States within the meaning of title 5,
United States Code.

      (b)(1) The primary mission of the Department is to-

                 (A) prevent terrorist attacks within the United States;

                 (B) reduce the vulnerability of the United States to
           terrorism; and

                 (C) minimize the damage, and assist in the recovery, from
           terrorist attacks that do occur within the United States.

            (2) In carrying out the mission described in paragraph (1), and
      as further described in this Act, the Department's primary
      responsibilities shall include-

                 (A) information analysis and infrastructure protection;

                 (B) chemical, biological, radiological, nuclear, and
           related countermeasures;

                 (C) border and transportation security;

                 (D) emergency preparedness and response; and

                 (E) coordination (including the provision of training and
           equipment) with other executive agencies, with State and local
           government personnel, agencies, and authorities, with the
           private sector, and with other entities.

            (3) The Department shall also be responsible for carrying out
      other functions of entities transferred to the Department as provided
      by law.
[ Analysis ]

SEC. 102. SECRETARY; FUNCTIONS.

      (a)(1) There is a Secretary of Homeland Security, appointed by the
President, by and with the advice and consent of the Senate.

            (2) The Secretary is the head of the Department and shall have
      direction, authority, and control over it.

            (3) All functions of all officers, employees, and organizational
      units of the Department are vested in the Secretary.

      (b) The Secretary-

            (1) may delegate any of his functions to any officer, employee,
      or organizational unit of the Department;

            (2) may promulgate regulations hereunder; and

            (3) shall have such functions, including the authority to make
      contracts, grants, and cooperative agreements, and to enter into
      agreements with other executive agencies, as may be necessary and
      proper to carry out his responsibilities under this Act or otherwise
      provided by law.
[ Analysis ]
SEC. 103. OTHER OFFICERS.

      (a) To assist the Secretary in the performance of his functions,
there are the following officers, appointed by the President, by and with
the advice and consent of the Senate:

            (1) a Deputy Secretary of Homeland Security, who shall be the
      Secretary's first assistant for purposes of chapter 33, subchapter 3,
      of title 5, United States Code;

            (2) an Under Secretary for Information Analysis and
      Infrastructure Protection;

            (3) an Under Secretary for Chemical, Biological, Radiological,
      and Nuclear Countermeasures;

            (4) an Under Secretary for Border and Transportation Security;

            (5) an Under Secretary for Emergency Preparedness and Response;

            (6) an Under Secretary for Management; and

            (7) not more than six Assistant Secretaries.

      (b) To assist the Secretary in the performance of his functions,
there is an Inspector General, who shall be appointed as provided in
section 3(a) of the Inspector General Act of 1978.

      (c) To assist the Secretary in the performance of his functions,
there is a Commandant of the Coast Guard, who shall be appointed as
provided in section 44 of title 14, United States Code.

      (d) To assist the Secretary in the performance of his functions,
there are the following officers, appointed by the President:

            (1) a General Counsel, who shall be the chief legal officer of
      the Department;

            (2) not more than ten Assistant Secretaries;

            (3) a Director of the Secret Service;

            (4) a Chief Financial Officer; and

            (5) a Chief Information Officer.

      (e) Subject to the provisions of this Act, every officer of the
Department shall perform the functions specified by law for his office or
prescribed by the Secretary.
[ Analysis ]