To transfer to the Secretary of Homeland Security the functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities.

To transfer to the Secretary of Homeland Security the functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `APHIS Function Transfer Act'.

SEC. 2. TRANSFER OF CERTAIN AGRICULTURAL INSPECTION FUNCTIONS OF THE DEPARTMENT OF AGRICULTURE.

(a) DEFINITIONS- In this section:

(1) COVERED LAW- The term `covered law' means--

(A) the first section of the Act of August 31, 1922 (7 U.S.C. 281);

(B) title III of the Federal Seed Act (7 U.S.C. 1581 et seq.);

(C) the Plant Protection Act (7 U.S.C. 7701 et seq.);

(D) the Animal Health Protection Act (7 U.S.C. 8301 et seq.);

(E) section 11 of the Endangered Species Act of 1973 (16 U.S.C. 1540).

(F) the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.); and

(G) the eighth paragraph under the heading `BUREAU OF ANIMAL INDUSTRY' in the Act of March 4, 1913 (21 U.S.C. 151 et seq.) (commonly known as the `Virus-Serum-Toxin Act');

(2) FUNCTION- The term `function' does not include any quarantine activity carried out under a covered law.

(b) TRANSFER- There is transferred to the Secretary of Homeland Security the functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under each covered law.

(c) EFFECT OF TRANSFER-

(1) COMPLIANCE WITH DEPARTMENT OF AGRICULTURE REGULATIONS- The authority transferred under subsection (b) shall be exercised by the Secretary of Homeland Security in accordance with the regulations, policies, and procedures issued by the Secretary of Agriculture regarding the administration of each applicable covered law.

(2) RULEMAKING COORDINATION- The Secretary of Agriculture shall coordinate with the Secretary of Homeland Security in any case in which the Secretary of Agriculture prescribes regulations, policies, or procedures for administering a covered law at--

(A) a port of entry to the United States; or

(B) any other similar location, as determined by the Secretary of Agriculture.

(3) EFFECTIVE ADMINISTRATION- The Secretary of Homeland Security, 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 under subsection (b).

(d) TRANSFER AGREEMENT-

(1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of Homeland Security shall enter into an agreement to effectuate the transfer of functions required by subsection (b).

(2) REQUIRED TERMS- The agreement required by this subsection shall specifically address--

(A) the supervision by the Secretary of Agriculture of the training of employees of the Secretary of Homeland Security to carry out the functions transferred under subsection (b); and

(B) the transfer of funds to the Secretary of Homeland Security under subsection (e).

(3) REVISION- After the date of execution of the agreement described in paragraph (1), the Secretary of Agriculture and the Secretary of Homeland Security may jointly revise the agreement, as necessary.

(4) COOPERATION AND RECIPROCITY- The Secretary of Agriculture and the Secretary of Homeland Security may include as part of the agreement--

(A) authority under which the Secretary of Homeland Security may perform functions that--

(i) are delegated to the Animal and Plant Health Inspection Service of the Department of Agriculture regarding the protection of domestic livestock and plants; but

(ii) are not transferred to the Secretary of Homeland Security under subsection (b); and

(B) authority under which the Secretary of Agriculture may use employees of the Department of Homeland Security to carry out authorities delegated to the Animal and Plant Health Inspection Service regarding the protection of domestic livestock and plants.

(e) PERIODIC TRANSFER OF FUNDS TO DEPARTMENT OF HOMELAND SECURITY-

(1) TRANSFER OF FUNDS- Subject to paragraph (2), out of any funds collected as fees under sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C.

(2) LIMITATION- The proportion of fees collected under sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a) that are transferred to the Secretary of Homeland Security under paragraph (1) may not exceed the proportion that--

(A) the costs incurred by the Secretary of Homeland Security to carry out activities funded by those fees; bears to

(B) the costs incurred by the Federal Government to carry out activities funded by those fees.

(f) TRANSFER OF DEPARTMENT OF AGRICULTURE EMPLOYEES- In carrying out this section, the Secretary of Agriculture shall transfer to the Secretary of Homeland Security not more than 3,200 full-time equivalent positions of the Department of Agriculture.

(g) PROTECTION OF INSPECTION ANIMALS-

(1) DEFINITION OF SECRETARY CONCERNED- Title V of the Agricultural Risk Protection Act of 2000 is amended--

(A) by redesignating sections 501 and 502 (7 U.S.C. 2279e, 2279f) as sections 502 and 503, respectively; and

(B) by inserting before section 502 (as redesignated by paragraph (1)) the following:

`SEC. 501. DEFINITION OF SECRETARY CONCERNED.

`In this title, the term `Secretary concerned' means--

`(1) the Secretary of Agriculture, with respect to an animal used for purposes of official inspections by the Department of Agriculture; and

`(2) the Secretary of Homeland Security, with respect to an animal used for purposes of official inspections by the Department of Homeland Security.'.

(2) CONFORMING AMENDMENTS-

(A) Section 502 of the Agricultural Risk Protection Act of 2000 (as redesignated by paragraph (1)(A)) is amended--

(i) in subsection (a)--

(I) by inserting `or the Department of Homeland Security' after `Department of Agriculture'; and

(II) by inserting `or the Secretary of Homeland Security' after `Secretary of Agriculture'; and

(ii) by striking `Secretary' each place it appears (other than in subsections (a) and (e)) and inserting `Secretary concerned'.

(B) Section 503 of the Agricultural Risk Protection Act of 2000 (as redesignated by paragraph (1)(A)) is amended by striking `501' each place it appears and inserting `502'.

SEC. 3. TRANSFER OF PLUM ISLAND ANIMAL DISEASE CENTER, DEPARTMENT OF AGRICULTURE.

(a) IN GENERAL- The Secretary of Agriculture shall transfer to the Secretary of Homeland Security the Plum Island Animal Disease Center of the Department of Agriculture, including the assets and liabilities of the Center.

(b) CONTINUED DEPARTMENT OF AGRICULTURE ACCESS- On completion of the transfer of the Plum Island Animal Disease Center under subsection (a), the Secretary of Homeland Security and the Secretary of Agriculture shall enter into an agreement to ensure that the Secretary of Agriculture retains access to the Center for research, diagnostic, and other activities of the Department of Agriculture.