(1) The establishment of a centralized Federal
clearinghouse for information relating to tech-
nologies that would further the mission of the De-
partment for dissemination, as appropriate, to Fed-
eral, State, and local government and private sector
entities for additional review, purchase, or use.
(2) The issuance of announcements seeking
unique and innovative technologies to advance the
mission of the Department.
(3) The establishment of a technical assistance
team to assist in screening, as appropriate, pro-
posals submitted to the Secretary (except as pro-
vided in subsection (c)(2)) to assess the feasibility,
scientific and technical merits, and estimated cost of
such proposals, as appropriate.
(4) The provision of guidance, recommenda-
tions, and technical assistance, as appropriate, to as-
sist Federal, State, and local government and pri-
vate sector efforts to evaluate and implement the use
of technologies described in paragraph (1) or (2).
(5) The provision of information for persons
seeking guidance on how to pursue proposals to de-
velop or deploy technologies that would enhance
homeland security, including information relating to
Federal funding, regulation, or acquisition.
(c) MISCELLANEOUS PROVISIONS.—
(1) IN GENERAL.—Nothing in this section shall
be construed as authorizing the Secretary or the
technical assistance team established under sub-
section (b)(3) to set standards for technology to be
used by the Department, any other executive agency,
any State or local government entity, or any private
sector entity.
(2) CERTAIN
PROPOSALS.—The technical as-
sistance team established under subsection (b)(3)
shall not consider or evaluate proposals submitted in
response to a solicitation for offers for a pending
procurement or for a specific agency requirement.
(3) COORDINATION.—In carrying out this sec-
tion, the Secretary shall coordinate with the Tech-
nical Support Working Group (organized under the
April 1982 National Security Decision Directive
Numbered 30).
TITLE IV—BORDER AND
TRANSPORTATION SECURITY
Subtitle A—General Provisions
SEC. 401. UNDER SECRETARY FOR BORDER AND TRANS-
PORTATION SECURITY.
The Secretary, acting through the Under Secretary
for Border and Transportation Security, shall be respon-
sible for the following:
(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, includ-
ing managing and coordinating governmental activi-
ties at ports of entry.
(3) Carrying out the immigration enforcement
functions vested by statute in, or performed by, the
Commissioner of Immigration and Naturalization (or
any officer, employee, or component of the Immigra-
tion and Naturalization Service) immediately before
the date on which the transfer of functions specified
under section 411 takes effect.
(4) Establishing and administering rules, in ac-
cordance 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
a citizen or an alien lawfully admitted for permanent
residence in the United States.
(5) Except as provided in subtitle C, admin-
istering the customs laws of the United States.
(6) Conducting the inspection and related ad-
ministrative functions of the Department of Agri-
culture transferred to the Secretary of Homeland
Security under section 404.
(7) In carrying out the foregoing responsibil-
ities, ensuring the speedy, orderly, and efficient flow
of lawful traffic and commerce.
SEC. 402. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be trans-
ferred to the Secretary the functions, personnel, assets,
and obligations of the following:
(1) The United States Customs Service, except
as provided in subtitle C.
(2) The Coast Guard of the Department of
Transportation, which shall be maintained as a dis-
tinct entity within the Department, including the
functions of the Secretary of Transportation relating
thereto.
(3) 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.
(4) The Federal Protective Service of the Gen-
eral Services Administration, including the functions
of the Administrator of General Services relating
thereto.
(5) The Office for Domestic Preparedness of
the Office of Justice Programs of the Department of
Justice, including the functions of the Attorney Gen-
eral relating thereto.
(6) The National Domestic Preparedness Office
of the Federal Bureau of Investigation, including the
functions of the Attorney General relating thereto.
(7) The Domestic Emergency Support Teams
of the Department of Justice, including the func-
tions of the Attorney General relating thereto.
SEC. 403. VISA ISSUANCE.
(a) IN GENERAL.—Notwithstanding section 104(a)
of the Immigration and Nationality Act (8 U.S.C.
1104(a)) or any other provision of law, and except as pro-
vided in subsection (b) of this section, the Secretary—
(1) shall be vested exclusively with all authori-
ties to issue regulations with respect to, administer,
and enforce the provisions of such Act, and of all
other immigration and nationality laws, relating to
the functions of consular officers of the United
States in connection with the granting or refusal of
visas, and shall have the authority to refuse visas in
accordance with law and to develop programs of
homeland security training for consular officers (in
addition to consular training provided by the Sec-
retary of State), which authorities shall be exercised
through the Secretary of State, except that the Sec-
retary shall not have authority to alter or reverse the
decision of a consular officer to refuse a visa to an
alien; and
(2) shall have authority to confer or impose
upon any officer or employee of the United States,
with the consent of the head of the executive agency
under whose jurisdiction such officer or employee is
serving, any of the functions specified in paragraph
(1).
(b) AUTHORITY OF THE SECRETARY OF STATE.—
(1) IN GENERAL.—Notwithstanding subsection
(a), the Secretary of State may direct a consular of-
ficer to refuse a visa to an alien if the Secretary of
State deems such refusal necessary or advisable in
the foreign policy or security interests of the United
States.
(2) CONSTRUCTION REGARDING AUTHORITY.—
Nothing in this section shall be construed as affect-
ing the authorities of the Secretary of State under
the following provisions of law:
(A) Section 101(a)(15)(A) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(15)(A)).
(B) Section 204(d)(2) of the Immigration
and Nationality Act (8 U.S.C. 1154) (as it will
take effect upon the entry into force of the Con-
vention on Protection of Children and Coopera-
tion in Respect to Inter-Country Adoption).
(C) Section 212(a)(3)(B)(vi)(II) of the Im-
migration and Nationality Act.
(D) Section 212(a)(3)(C) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1182(a)(3)(C)).
(E) Section 212(a)(10)(C) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1182(a)(10)(C)).
(F) Section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).
(G) Section 237(a)(4)(C) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1227(a)(4)(C)).
(H) Section 401 of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of
1996 (22 U.S.C. 6034; Public Law 104–114).
(I) Section 613 of the Departments of
Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1999
(as contained in section 101(b) of division A of
Public Law 105–277) (Omnibus Consolidated
and Emergency Supplemental Appropriations
Act, 1999; 112 Stat. 2681; H.R. 4328 (origi-
nally H.R. 4276) as amended by section 617 of
Public Law 106–553).
(J) Section 801 of H.R. 3427, the Admiral
James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000
and 2001, as enacted by reference in Public
Law 106–113.
(K) Section 568 of the Foreign Operations,
Export Financing, and Related Programs Ap-
propriations Act, 2002 (Public Law 107–115).
(3) CONSTRUCTION
REGARDING
DELEGATION
OF AUTHORITY.—Nothing in this section shall be
construed to affect any delegation of authority to the
Secretary of State by the President pursuant to any
proclamation issued under section 212(f) of the Im-
migration and Nationality Act (8 U.S.C. 1182(f)).
(c) ASSIGNMENT OF HOMELAND SECURITY EMPLOY-
EES TO DIPLOMATIC AND CONSULAR POSTS.—
(1) IN GENERAL.—The Secretary is authorized
to assign employees of the Department of Homeland
Security to any diplomatic and consular posts
abroad to perform the following functions:
(A) Provide expert advice and training to
consular officers regarding specific security
threats relating to individual visa applications
or classes of applications.
(B) Review any or all such applications
prior to their adjudication, either on the initia-
tive of the employee of the Department of
Homeland Security or upon request by a con-
sular officer or other person charged with adju-
dicating such applications.
(C) Conduct investigations with respect to
matters under the jurisdiction of the Secretary.
(2) PERMANENT ASSIGNMENT; PARTICIPATION
IN TERRORIST LOOKOUT COMMITTEE.—When appro-
priate, employees of the Department of Homeland
Security assigned to perform functions described in
paragraph (1) may be assigned permanently to over-
seas diplomatic or consular posts with country-spe-
cific or regional responsibility. If the Secretary so di-
rects, any such employee, when present at an over-
seas post, shall participate in the terrorist lookout
committee established under section 304 of the En-
hanced Border Security and Visa Entry Reform Act
of 2002 (8 U.S.C. 1733).
(3) TRAINING AND HIRING.—
(A) The Secretary shall ensure that any
employees of the Department of Homeland Se-
curity assigned to perform functions described
in paragraph (1) shall be provided all necessary
training to enable them to carry out such func-
tions, including training in foreign languages,
interview techniques, fraud detection tech-
niques, and other skills required by such em-
ployees, in conditions in the particular country
where each employee is assigned, and in other
appropriate areas of study.
(B) The Secretary shall promulgate regula-
tions within 60 days of the enactment of this
Act establishing foreign language proficiency re-
quirements for employees of the Department
performing the functions described in para-
graph (1) and providing that preference shall be
given to individuals who meet such require-
ments in hiring employees for the performance
of such functions.
(C) The Secretary is authorized to use the
National Foreign Affairs Training Center, on a
reimbursable basis, to obtain the training de-
scribed in subparagraph (A).
(d) NO CREATION OF PRIVATE RIGHT OF ACTION.—
Nothing in this section shall be construed to create or au-
thorize a private right of action to challenge a decision
of a consular officer or other United States official or em-
ployee to grant or deny a visa.
(e) STUDY REGARDING USE OF FOREIGN NATION-
ALS.—
(1) IN GENERAL.—The Secretary of Homeland
Security shall conduct a study of the role of foreign
nationals in the granting or refusal of visas and
other documents authorizing entry of aliens into the
United States. The study shall address the following:
(A) The proper role, if any, of foreign na-
tionals in the process of rendering decisions on
such grants and refusals.
(B) Any security concerns involving the
employment of foreign nationals.
(C) Whether there are cost-effective alter-
natives to the use of foreign nationals.
(2) REPORT.—Not later than 1 year after the
date of the enactment of this Act, the Secretary
shall submit a report containing the findings of the
study conducted under paragraph (1) to the Com-
mittee on the Judiciary, the Committee on Inter-
national Relations, and the Committee on Govern-
ment Reform of the House of Representatives, and
the Committee on the Judiciary, the Committee on
Foreign Relations, and the Committee on Govern-
ment Affairs of the Senate.
(f) REPORT.—Not later than 120 days after the date
of the enactment of this Act, the Director of the Office
of Science and Technology Policy shall submit to the Con-
gress a report on how the provisions of this section will
affect procedures for the issuance of student visas.
(g) VISA ISSUANCE PROGRAM FOR SAUDI ARABIA.—
Notwithstanding any other provision of law, after the date
of the enactment of this Act all third party screening,
interview waiver, or other non-interview visa issuance pro-
grams in Saudi Arabia shall be terminated. On-site per-
sonnel of the Department of Homeland Security shall re-
view all visa applications prior to adjudication. All visa ap-
plicants in Saudi Arabia shall be interviewed unless on-
site personnel of the Department of Homeland Security
determine, in writing and pursuant to written guidelines
issued by the Secretary of Homeland Security, that the
alien is unlikely to present a risk to homeland security.
The Secretary of Homeland Security shall promulgate
such guidelines not later than 30 days after the date of
the enactment of this Act.
SEC. 404. TRANSFER OF CERTAIN AGRICULTURAL INSPEC-
TION FUNCTIONS OF THE DEPARTMENT OF
AGRICULTURE.
(a) TRANSFER
OF AGRICULTURAL IMPORT
AND
ENTRY INSPECTION FUNCTIONS.—There shall be trans-
ferred to the Secretary of Homeland Security the func-
tions of the Secretary of Agriculture relating to agricul-
tural import and entry inspection activities under the laws
specified in subsection (b).
(b) COVERED ANIMAL
AND PLANT PROTECTION
LAWS.—The laws referred to in subsection (a) are the fol-
lowing:
(1) The Act commonly known as the Virus-
Serum-Toxin Act (the eighth paragraph under the
heading ‘‘Bureau of Animal Industry’’ in the Act of
March 4, 1913; 21 U.S.C. 151 et seq.).