TITLE IV-BORDER AND TRANSPORTATION SECURITY SEC. 401. UNDER SECRETARY FOR BORDER AND TRANSPORTATION SECURITY. In assisting the Secretary with the responsibilities specified in section 101(b)(2)(C), the primary responsibilities of the Under Secretary for Border and Transportation Security shall include- (1) preventing the entry of terrorists and the instruments of terrorism into the United States; (2) securing the borders, territorial waters, ports, terminals, waterways, and air, land, and sea transportation systems of the United States, including managing and coordinating governmental activities at ports of entry; (3) administering the immigration and naturalization laws of the United States, including the establishment of rules, in accordance with section 403, governing the granting of visas or other forms of permission, including parole, to enter the United States to individuals who are not citizens or lawful permanent residents thereof; (4) administering the customs laws of the United States; and (5) in carrying out the foregoing responsibilities, ensuring the speedy, orderly, and efficient flow of lawful traffic and commerce.
[ Analysis ]SEC. 402. FUNCTIONS TRANSFERRED. In accordance with title VIII, there shall be transferred to the Secretary the functions, personnel, assets, and liabilities of the following entities- (1) the United States Customs Service of the Department of the Treasury, including the functions of the Secretary of the Treasury relating thereto; (2) the Immigration and Naturalization Service of the Department of Justice, including the functions of the Attorney General relating thereto; (3) the Animal and Plant Health Inspection Service of the Department of Agriculture, including the functions of the Secretary of Agriculture relating thereto; (4) the Coast Guard of the Department of Transportation, which shall be maintained as a distinct entity within the Department, including the functions of the Secretary of Transportation relating thereto; (5) the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto; and (6) the Federal Protective Service of the General Services Administration, including the functions of the Administrator of General Services relating thereto.
[ Analysis ]SEC. 403. VISA ISSUANCE. (a) Notwithstanding the provisions of section 104 of the Immigration and Nationality Act (8 U.S.C. 1104) or any other law, and except as provided in subsection (b) of this section, the Secretary shall have- (1) exclusive authority, through the Secretary of State, to issue regulations with respect to, administer, and enforce the provisions of that Act and all other immigration and nationality laws relating to the functions of diplomatic and consular officers of the United States in connection with the granting or refusal of visas; and (2) authority to confer or impose upon any officer or employee of the United States, with the consent of the executive agency under whose jurisdiction such officer or employee is serving, any of the functions specified in paragraph (1). (b) The Secretary of State may refuse a visa to an alien if the Secretary of State deems such refusal necessary or advisable in the interests of the United States.
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