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partment of Health and Human Services (including the
Public Health Service), under agreements with the Sec-
retary of Health and Human Services, and may transfer
funds to him in connection with such agreements.
(2) With respect to any responsibilities carried out
through the Department of Health and Human Services
under this subsection, the Secretary, in consultation with
the Secretary of Health and Human Services, shall have
the authority to establish the research and development
program, including the setting of priorities.
(b) TRANSFER OF FUNDS.—With respect to such
other research and development responsibilities under this
title, including health-related chemical, radiological, and
nuclear defense research and development responsibilities,
as he may elect to carry out through the Department of
Health and Human Services (including the Public Health
Service) (under agreements with the Secretary of Health
and Human Services) or through other Federal agencies
(under agreements with their respective heads), the Sec-
retary may transfer funds to the Secretary of Health and
Human Services, or to such heads, as the case may be.
SEC. 304. MILITARY ACTIVITIES.
Except as specifically provided in this Act, nothing
in this Act shall confer upon the Secretary any authority
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to engage in warfighting, the military defense of the
United States, or other traditional military activities.
TITLE IV—BORDER AND
TRANSPORTATION SECURITY
SEC. 401. UNDER SECRETARY FOR BORDER AND TRANS-
PORTATION SECURITY.
In assisting the Secretary with the responsibilities
specified in section 101(b)(2)(C), the primary responsibil-
ities of the Under Secretary for Border and Transpor-
tation 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, includ-
ing managing and coordinating governmental activi-
ties at ports of entry;
(3) administering the immigration and natu-
ralization 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;
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(4) administering the customs laws of the
United States; and
(5) 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 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 func-
tions 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 dis-
tinct entity within the Department, including the
functions of the Secretary of Transportation relating
thereto;
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(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 Gen-
eral Services Administration, including the functions
of the Administrator of General Services relating
thereto.
SEC. 403. VISA ISSUANCE.
(a) AUTHORITY.—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, admin-
ister, 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 offi-
cer or employee of the United States, with the con-
sent of the executive agency under whose jurisdiction
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such officer or employee is serving, any of the func-
tions specified in paragraph (1).
(b) REFUSAL OF VISAS.—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.
TITLE V—EMERGENCY
PREPAREDNESS AND RESPONSE
SEC. 501. UNDER SECRETARY FOR EMERGENCY PREPARED-
NESS AND RESPONSE.
In assisting the Secretary with the responsibilities
specified in section 101(b)(2)(D), the primary responsibil-
ities of the Under Secretary for Emergency Preparedness
and Response shall include—
(1) helping to ensure the preparedness of emer-
gency response providers for terrorist attacks, major
disasters, and other emergencies;
(2) with respect to the Nuclear Incident Re-
sponse Team (regardless of whether it is operating
as an organizational unit of the Department pursu-
ant to this title)—
(A) establishing standards and certifying
when those standards have been met;
(B) conducting joint and other exercises
and training and evaluating performance; and
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(4) the Domestic Emergency Support Teams of
the Department of Justice, including the functions
of the Attorney General relating thereto;
(5) the Office of the Assistant Secretary for
Public Health Emergency Preparedness (including
the Office of Emergency Preparedness, the National
Disaster Medical System, and the Metropolitan Med-
ical Response System) of the Department of Health
and Human Services, including the functions of the
Secretary of Health and Human Services relating
thereto; and
(6) the Strategic National Stockpile of the De-
partment of Health and Human Services, including
the functions of the Secretary of Health and Human
Services relating thereto.
SEC. 503. NUCLEAR INCIDENT RESPONSE.
(a) NUCLEAR INCIDENT RESPONSE TEAM.—At the
direction of the Secretary (in connection with an actual
or threatened terrorist attack, major disaster, or other
emergency), the Nuclear Incident Response Team shall
operate as an organizational unit of the Department.
While so operating, the Nuclear Incident Response Team
shall be subject to the direction, authority, and control of
the Secretary.
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(b) CONSTRUCTION.—Nothing in this title shall be
understood to limit the ordinary responsibility of the Sec-
retary of Energy and the Administrator of the Environ-
mental Protection Agency for organizing, training, equip-
ping, and utilizing their respective entities in the Nuclear
Incident Response Team, or (subject to the provisions of
this title) from exercising direction, authority, and control
over them when they are not operating as a unit of the
Department.
SEC. 504. DEFINITION.
For purposes of this title, ‘‘nuclear incident response
team’’ means a resource that includes—
(1) those entities of the Department of Energy
that perform nuclear or radiological emergency sup-
port functions (including accident response, search
response, advisory, and technical operations func-
tions), radiation exposure functions at the medical
assistance facility known as Oak Ridge National
Laboratory, radiological assistance functions, and re-
lated functions; and
(2) those entities of the Environmental Protec-
tion Agency that perform such support functions (in-
cluding radiological emergency response functions)
and related functions.
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SEC. 505. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED
ACTIVITIES.
(a) IN GENERAL.—Except as the President may oth-
erwise direct, the Secretary shall carry out the following
responsibilities through the Department of Health and
Human Services (including the Public Health Service),
under agreements with the Secretary of Health and
Human Services, and may transfer funds to him in con-
nection with such agreements:
(1) All biological, chemical, radiological, and
nuclear preparedness-related construction, renova-
tion, and enhancement of security for research and
development or other facilities owned or occupied by
the Department of Health and Human Services.
(2) All public health-related activities being car-
ried out by the Department of Health and Human
Services on the effective date of this Act (other than
activities under functions transferred by this Act to
the Department) to assist State and local govern-
ment personnel, agencies, or authorities, non-Federal
public and private health care facilities and pro-
viders, and public and non-profit health and edu-
cational facilities, to plan, prepare for, prevent, iden-
tify, and respond to biological, chemical, radiological,
and nuclear events and public health emergencies, by
means including direct services, technical assistance,
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communications and surveillance, education and
training activities, and grants.
(b) PREPAREDNESS
AND RESPONSE PROGRAM.—
With respect to any responsibilities carried out through
the Department of Health and Human Services under this
section, the Secretary, in consultation with the Secretary
of Health and Human Services, shall have the authority
to establish the preparedness and response program, in-
cluding the setting of priorities.
TITLE VI—MANAGEMENT
SEC. 601. UNDER SECRETARY FOR MANAGEMENT.
In assisting the Secretary with the management and
administration of the Department, the primary respon-
sibilities of the Under Secretary for Management shall in-
clude, for the Department—
(1) the budget, appropriations, expenditures of
funds, accounting, and finance;
(2) procurement;
(3) human resources and personnel;
(4) information technology and communications
systems;
(5) facilities, property, equipment, and other
material resources;
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(6) security for personnel, information tech-
nology and communications systems, facilities, prop-
erty, equipment, and other material resources; and
(7) identification and tracking of performance
measures relating to the responsibilities of the De-
partment.
SEC. 602. CHIEF FINANCIAL OFFICER.
The Chief Financial Officer shall report to the Sec-
retary, or to another official of the Department, as the
Secretary may direct.
SEC. 603. CHIEF INFORMATION OFFICER.
The Chief Information Officer shall report to the Sec-
retary, or to another official of the Department, as the
Secretary may direct.
TITLE VII—COORDINATION WITH
NON-FEDERAL ENTITIES; IN-
SPECTOR GENERAL; UNITED
STATES 
SECRET 
SERVICE;
GENERAL PROVISIONS
Subtitle A—Coordination With
Non-Federal Entities
SEC. 701. RESPONSIBILITIES.
In discharging his responsibilities relating to coordi-
nation (including the provision of training and equipment)
with State and local government personnel, agencies, and
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authorities, with the private sector, and with other enti-
ties, the responsibilities of the Secretary shall include—
(1) coordinating with State and local govern-
ment personnel, agencies, and authorities, and with
the private sector, to ensure adequate planning,
equipment, training, and exercise activities;
(2) coordinating and, as appropriate, consoli-
dating, the Federal Government’s communications
and systems of communications relating to homeland
security with State and local government personnel,
agencies, and authorities, the private sector, other
entities, and the public;
(3) directing and supervising grant programs of
the Federal Government for State and local govern-
ment emergency response providers; and
(4) distributing or, as appropriate, coordinating
the distribution of, warnings and information to
State and local government personnel, agencies, and
authorities and to the public.
Subtitle B—Inspector General
SEC. 710. AUTHORITY OF THE SECRETARY.
(a) IN GENERAL.—Notwithstanding the last two sen-
tences of section 3(a) of the Inspector General Act of
1978, the Inspector General shall be under the authority,
direction, and control of the Secretary with respect to au-