SEC. 421. [6 U.S.C. 231] TRANSFER OF CERTAIN AGRICULTURAL INSPECTION
FUNCTIONS OF THE DEPARTMENT OF AGRICULTURE.
(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 1501,
the Secretary of Agriculture and the Secretary shall
enter into an agreement to effectuate the transfer of
functions required by subsection (a). 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 2508 and 2509 of the
Food, Agriculture, Conservation, and Trade Act of 1990
(21 U.S.C. 136, 136a), 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 1501, the Secretary of Agriculture shall transfer
to the Secretary not more than 3,200 full-time equivalent
positions of the Department of Agriculture.
* * * * * * *
SEC. 422. [6 U.S.C. 232] FUNCTIONS OF ADMINISTRATOR OF GENERAL
SERVICES.
(a) Operation, Maintenance, and Protection of Federal
Buildings and Grounds.--Nothing in this Act may be construed to
affect the functions or authorities of the Administrator of
General Services with respect to the operation, maintenance,
and protection of buildings and grounds owned or occupied by
the Federal Government and under the jurisdiction, custody, or
control of the Administrator. Except for the law enforcement
and related security functions transferred under section
403(3), the Administrator shall retain all powers, functions,
and authorities vested in the Administrator under chapter 10 of
title 40, United States Code, and other provisions of law that
are necessary for the operation, maintenance, and protection of
such buildings and grounds.
(b) Collection of Rents and Fees; Federal Buildings Fund.--
(1) Statutory construction.--Nothing in this Act
may be construed--
(A) to direct the transfer of, or affect,
the authority of the Administrator of General
Services to collect rents and fees, including
fees collected for protective services; or
(B) to authorize the Secretary or any other
official in the Department to obligate amounts
in the Federal Buildings Fund established by
section 490(f) of title 40, United States Code.
(2) Use of transferred amounts.--Any amounts
transferred by the Administrator of General Services to
the Secretary out of rents and fees collected by the
Administrator shall be used by the Secretary solely for
the protection of buildings or grounds owned or
occupied by the Federal Government.
SEC. 423. [6 U.S.C. 233] FUNCTIONS OF TRANSPORTATION SECURITY
ADMINISTRATION.
(a) Consultation With Federal Aviation Administration.--The
Secretary and other officials in the Department shall consult
with the Administrator of the Federal Aviation Administration
before taking any action that might affect aviation safety, air
carrier operations, aircraft airworthiness, or the use of
airspace. The Secretary shall establish a liaison office within
the Department for the purpose of consulting with the
Administrator of the Federal Aviation Administration.
(b) Report to Congress.--Not later than 60 days after the
date of enactment of this Act, the Secretary of Transportation
shall transmit to Congress a report containing a plan for
complying with the requirements of section 44901(d) of title
49, United States Code, as amended by section 425 of this Act.
(c) Limitations on Statutory Construction.--
(1) Grant of authority.--Nothing in this Act may be
construed to vest in the Secretary or any other
official in the Department any authority over
transportation security that is not vested in the Under
Secretary of Transportation for Security, or in the
Secretary of Transportation under chapter 449 of title
49, United States Code, on the day before the date of
enactment of this Act.
(2) Obligation of aip funds.--Nothing in this Act
may be construed to authorize the Secretary or any
other official in the Department to obligate amounts
made available under section 48103 of title 49, United
States Code.
SEC. 424. [6 U.S.C. 234] PRESERVATION OF TRANSPORTATION SECURITY
ADMINISTRATION AS A DISTINCT ENTITY.
(a) In General.--Notwithstanding any other provision of
this Act, and subject to subsection (b), the Transportation
Security Administration shall be maintained as a distinct
entity within the Department under the Under Secretary for
Border Transportation and Security.
(b) Sunset.--Subsection (a) shall cease to apply 2 years
after the date of enactment of this Act.
* * * * * * *
SEC. 427. [6 U.S.C. 235] COORDINATION OF INFORMATION AND INFORMATION
TECHNOLOGY.
(a) Definition of Affected Agency.--In this section, the
term ``affected agency'' means--
(1) the Department;
(2) the Department of Agriculture;
(3) the Department of Health and Human Services;
and
(4) any other department or agency determined to be
appropriate by the Secretary.
(b) Coordination.--The Secretary, in coordination with the
Secretary of Agriculture, the Secretary of Health and Human
Services, and the head of each other department or agency
determined to be appropriate by the Secretary, shall ensure
that appropriate information (as determined by the Secretary)
concerning inspections of articles that are imported or entered
into the United States, and are inspected or regulated by 1 or
more affected agencies, is timely and efficiently exchanged
between the affected agencies.
(c) Report and Plan.--Not later than 18 months after the
date of enactment of this Act, the Secretary, in consultation
with the Secretary of Agriculture, the Secretary of Health and
Human Services, and the head of each other department or agency
determined to be appropriate by the Secretary, shall submit to
Congress--
(1) a report on the progress made in implementing
this section; and
(2) a plan to complete implementation of this
section.