text: 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. 136, 136a), the Secretary of Agriculture shall 
  periodically transfer to the Secretary of Homeland Security, in 
  accordance with the agreement under subsection (d), funds for 
  activities carried out by the Secretary of Homeland Security for which 
  the fees were collected.
              (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.
target: APHIS Function Transfer Act - Transfers from the Secretary of Agriculture to the Secretary of Homeland Security: (1) specified agricultural import and entry inspection functions, personnel, and fees; and (2) Plum Island Animal Disease Center (retains Department of Agriculture access).
feat_title: A bill to transfer to the Secretary of Homeland Security the functions of the Secretary of Agriculture relative to agricultural import and entry inspection activities.