Transfer of agricultural import and entry inspection functions
There shall be transferred to the Secretary the functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under the laws specified in subsection (b).
Covered animal and plant protection laws
Exclusion of quarantine activities
For purposes of this section, the term “functions” does not include any quarantine activities carried out under the laws specified in subsection (b).
Effect of transfer
Compliance with Department of Agriculture regulations
The authority transferred pursuant to subsection (a) shall be exercised by the Secretary in accordance with the regulations, policies, and procedures issued by the Secretary of Agriculture regarding the administration of the laws specified in subsection (b).
Rulemaking coordination
The Secretary of Agriculture shall coordinate with the Secretary whenever the Secretary of Agriculture prescribes regulations, policies, or procedures for administering the functions transferred under subsection (a) under a law specified in subsection (b).
Effective administration
The Secretary, in consultation with the Secretary of Agriculture, may issue such directives and guidelines as are necessary to ensure the effective use of personnel of the Department of Homeland Security to carry out the functions transferred pursuant to subsection (a).
Transfer agreement
Agreement required; revision
section 541 of this titleBefore the end of the transition period, as defined in , the Secretary of Agriculture and the Secretary shall enter into an agreement to effectuate the transfer of functions required by subsection (a) of this section. The Secretary of Agriculture and the Secretary may jointly revise the agreement as necessary thereafter.
Required terms
Cooperation and reciprocity
Periodic transfer of funds to Department of Homeland Security
Transfer of funds
Out of funds collected by fees authorized under sections 136 and 136a of title 21, the Secretary of Agriculture shall transfer, from time to time in accordance with the agreement under subsection (e), to the Secretary funds for activities carried out by the Secretary for which such fees were collected.
Limitation
The proportion of fees collected pursuant to such sections that are transferred to the Secretary under this subsection may not exceed the proportion of the costs incurred by the Secretary to all costs incurred to carry out activities funded by such fees.
Transfer of Department of Agriculture employees
section 541 of this titleNot later than the completion of the transition period defined under , the Secretary of Agriculture shall transfer to the Secretary not more than 3,200 full-time equivalent positions of the Department of Agriculture.
Pub. L. 107–296, title IV, § 421116 Stat. 2182(, , .)
Editorial Notes
References in Text
act Mar. 4, 1913, ch. 14537 Stat. 832section 151 of Title 21The Virus-Serum-Toxin Act, referred to in subsec. (b)(1), is the eighth paragraph under the heading “Bureau of Animal Industry” in , , 833, which is classified generally to chapter 5 (§ 151 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
act Aug. 9, 1939, ch. 61553 Stat. 1275section 1551 of Title 7The Federal Seed Act, referred to in subsec. (b)(3), is , . Title III of the Act is classified generally to subchapter III (§ 1581 et seq.) of chapter 37 of Title 7, Agriculture. For complete classification of this Act to the Code, see and Tables.
Pub. L. 106–224114 Stat. 438section 7701 of Title 7The Plant Protection Act, referred to in subsec. (b)(4), is title IV of , , , which is classified principally to chapter 104 (§ 7701 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 107–171116 Stat. 494section 8301 of Title 7The Animal Health Protection Act, referred to in subsec. (b)(5), is subtitle E (§§ 10401–10418) of title X of , , , which is classified principally to chapter 109 (§ 8301 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 97–7995 Stat. 1073section 1540 of Title 16section 42 of Title 18section 3371 of Title 16The Lacey Act Amendments of 1981, referred to in subsec. (b)(6), is , , , which enacted chapter 53 (§ 3371 et seq.) of Title 16, Conservation, amended and , Crimes and Criminal Procedure, repealed sections 667e and 851 to 856 of Title 16 and sections 43, 44, 3054, and 3112 of Title 18, and enacted provisions set out as notes under sections 1540 and 3371 of Title 16. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Codification
section 421 of Pub. L. 107–296section 421 of Pub. L. 107–296Section is comprised of . Subsec. (h) of amended sections 2279e and 2279f of Title 7, Agriculture.