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.
[ Analysis ]