View all text of Part C [§ 231 - § 245]
§ 231. Transfer of certain agricultural inspection functions of the Department of Agriculture
(a) Transfer of agricultural import and entry inspection functions
(b) Covered animal and plant protection laws
The laws referred to in subsection (a) are the following:
(1) The Act commonly known as the Virus-Serum-Toxin Act (the eighth paragraph under the span “Bureau of Animal Industry” in the Act of March 4, 1913; 21 U.S.C. 151 et seq.).
(2)Section 1 of the Act of August 31, 1922 (commonly known as the Honeybee Act; 7 U.S.C. 281).
(3) Title III of the Federal Seed Act (7 U.S.C. 1581 et seq.).
(4) The Plant Protection Act (7 U.S.C. 7701 et seq.).
(5) The Animal Health Protection Act (subtitle E of title X of Public Law 107–171; 7 U.S.C. 8301 et seq.).
(6) The Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.).
(7) Section 11 of the Endangered Species Act of 1973 (16 U.S.C. 1540).
(c) Exclusion of quarantine activities
(d) Effect of transfer
(1) Compliance with Department of Agriculture regulations
(2) Rulemaking coordination
(3) Effective administration
(e) Transfer agreement
(1) Agreement required; revision
(2) Required terms
The agreement required by this subsection shall specifically address the following:
(A) The supervision by the Secretary of Agriculture of the training of employees of the Secretary to carry out the functions transferred pursuant to subsection (a).
(B) The transfer of funds to the Secretary under subsection (f).
(3) Cooperation and reciprocity
The Secretary of Agriculture and the Secretary may include as part of the agreement the following:
(A) Authority for the Secretary to perform functions delegated to the Animal and Plant Health Inspection Service of the Department of Agriculture regarding the protection of domestic livestock and plants, but not transferred to the Secretary pursuant to subsection (a).
(B) Authority for the Secretary of Agriculture to 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.
(f) Periodic transfer of funds to Department of Homeland Security
(1) Transfer of funds
(2) Limitation
(g) Transfer of Department of Agriculture employees
(Pub. L. 107–296, title IV, § 421, Nov. 25, 2002, 116 Stat. 2182.)