§ 231. Transfer of certain agricultural inspection functions of the Department of Agriculture
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(a)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).
(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 heading “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 For purposes of this section, the term “functions” does not include any quarantine activities carried out under the laws specified in subsection (b).
(d)Effect of transfer
(1)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).
(2)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).
(3)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).
(e)Transfer agreement
(1)Agreement required; revision Before the end of the transition period, as defined in section 541 of this title, 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.
(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 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.
(2)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.
(g)Transfer of Department of Agriculture employees Not later than the completion of the transition period defined under section 541 of this title, 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, § 421, Nov. 25, 2002, 116 Stat. 2182.)
Connections163 cite this · traces to 10
Cited by 163 sections · top 60
public-private-law
- Public Law 116-260Consolidated Appropriations Act, 2021
- Public Law 117-328Consolidated Appropriations Act, 2023
- Public Law 114-113Consolidated Appropriations Act, 2016
- Public Law 115-254FAA Reauthorization Act of 2018
- Public Law 117-103Consolidated Appropriations Act, 2022
- Public Law 113-150Sean and David Goldman International Child Abduction Prevention and Return Act of 2014
- Public Law 115-125Department of Homeland Security Blue Campaign Authorization Act
U.S. Code
statute-compilations
- Sec. 2ENHANCED DEPARTMENT OF HOMELAND SECURITY COORDINATION THROUGH THE BLUE CAMPAIGN
- Sec. 1807UPDATES OF MARITIME OPERATIONS COORDINATION PLAN
- Sec. 785For necessary expenses for salary and related costs associated with Agriculture Quarantine and Inspection Services activities pursuant to 21 U.S.C. 136a(6), and in addition to any other funds made available for this purpose, there is appropriated, out of any money in the Treasury not otherwise appropriated, $250,000,000, to remain available until September 30, 2023, to offset the loss resulting from the coronavirus pandemic of quarantine and inspection fees collected pursuant to sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a): * Provided*, That amounts made available in this section shall be treated as funds collected by fees authorized under sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a) for purposes of section 421(f) of the Homeland Security Act of 2002 (6 U.S.C. 231(f)).
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- Sec. 301PREVENTING CHILDREN FROM LEAVING THE UNITED STATES IN VIOLATION OF A COURT ORDER
- Sec. 1811MARITIME SECURITY CAPABILITIES ASSESSMENTS
- Sec. 799DFor necessary expenses for salary and related costs associated with Agriculture Quarantine and Inspection Services activities pursuant to 21 U.S.C. 136a(6), and in addition to any other funds made available for this purpose, there is appropriated, out of any money in the Treasury not otherwise appropriated, $635,000,000, to remain available until September 30, 2022, to offset the loss resulting from the coronavirus pandemic of quarantine and inspection fees collected pursuant to sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a): * Provided*, That amounts made available in this section shall be treated as funds collected by fees authorized under sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a) for purposes of section 421(f) of the Homeland Security Act of 2002 (6 U.S.C. 231(f)): * Provided further*, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
- Sec. 226ASSESSMENT; REPORTS
- Sec. 421TRANSFER OF CERTAIN AGRICULTURAL INSPECTION FUNCTIONS OF THE DEPARTMENT OF AGRICULTURE
statutes-at-large
- Public Law 114–113Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2016, and for other purposes
- Public Law 109–347To improve maritime and cargo security through enhanced layered defenses, and for other purposes
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- Public Law 117–103Making consolidated appropriations for the fiscal year ending September 30, 2022, and for providing emergency assistance for the situation in Ukraine, and for other purposes
- Public Law 116–260Making consolidated appropriations for the fiscal year ending September 30, 2021, providing coronavirus emergency response and relief, and for other purposes
- Public Law 107–296To establish the Department of Homeland Security, and for other purposes
- Public Law 115–125To amend the Homeland Security Act of 2002 to require the Secretary of Homeland Security to issue Department of Homeland Security-wide guidance and develop training programs as part of the Department of Homeland Security Blue Campaign, and for other purposes
- Public Law 117–328Making consolidated appropriations for the fiscal year ending September 30, 2023, and for providing emergency assistance for the situation in Ukraine, and for other purposes
- Public Law 115–253To amend title 18, United States Code, to clarify the meaning of the terms “act of war” and “blocked asset”, and for other purposes
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- Sec. 2Border security technology accountability
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- Sec. 1405Updates of maritime operations coordination plan
- Sec. 1409Maritime security capabilities assessments
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- Sec. 7Updates of maritime operations coordination plan
- Sec. 108Border security technology program management
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Traces to 10 documents
U.S. Code
- Preparation and sale of worthless or harmful products for domestic animals prohibited; preparation to be in compliance with rules at licensed establishments§ 151
- Honeybee importation§ 281
- Prohibitions relating to importations§ 1581
- Findings§ 7701
- Findings§ 8301
- Definitions§ 3371
- Penalties and enforcement§ 1540
- Definitions§ 541
- Short title§ 1551
- Importation or shipment of injurious mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles; permits, specimens for museums; regulations§ 42
15 references not yet in our index
- Section 1 of the Act of August 31, 1922
- Public Law 107–171
- Pub. L. 107–296, title IV, § 421
- 116 Stat. 2182
- act Mar. 4, 1913, ch. 145
- 37 Stat. 832
- act Aug. 9, 1939, ch. 615
- 53 Stat. 1275
- Pub. L. 106–224
- 114 Stat. 438
- Pub. L. 107–171
- 116 Stat. 494
- Pub. L. 97–79
- 95 Stat. 1073
- section 421 of Pub. L. 107–296
Citation graph
cites case law
§ 231
Transfer of certain agricultural inspection functions of the Department of Agriculture
Bills×128
Stat.×10
Stat. Comp.×9
Pub. L.×8
U.S.C.×6
Fed. Reg.×2
ActSection 1 of the Act of August 31, 1922
Pub. L.Public Law 107–171
Pub. L.Pub. L. 107–296, title IV, § 421
Cites 25 · showing 12Cited by 163 across 6 sources