Title 6Domestic SecurityRelease 119-73not60

§231 Transfer of Certain Agricultural Inspection Functions of the Department of Agriculture

Title 6 › Chapter 1— HOMELAND SECURITY ORGANIZATION › Subchapter IV— BORDER, MARITIME, AND TRANSPORTATION SECURITY › Part C— Miscellaneous Provisions › § 231

Last updated Apr 3, 2026|Official source

Summary

Moves the Department of Agriculture’s work that inspects agricultural imports and entries to the Secretary. It covers seven laws, including the Virus‑Serum‑Toxin Act, the Honeybee Act, Title III of the Federal Seed Act, the Plant Protection Act, the Animal Health Protection Act, the Lacey Act Amendments of 1981, and section 11 of the Endangered Species Act. Quarantine activities under those laws are not moved. The Secretary must carry out the transferred work under the rules, policies, and procedures set by the Secretary of Agriculture. The two Secretaries must coordinate when the Agriculture Secretary makes those rules. Before the transition period ends (the transition period is defined in section 541 of this title), the two Secretaries must make an agreement to carry out the transfer. The agreement must cover supervision of training and the transfer of funds. It may also let the Secretary do other Animal and Plant Health Inspection Service tasks or let the Agriculture Secretary use Department of Homeland Security staff. The Agriculture Secretary will transfer fee money collected under sections 136 and 136a of title 21 to the Secretary as agreed, but the amount moved cannot be more than the share of costs the Secretary pays. By the end of the transition period, the Agriculture Secretary must transfer no more than 3,200 full‑time equivalent positions.

Full Legal Text

Title 6, §231

Domestic Security — Source: USLM XML via OLRC

(a)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)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)For purposes of this section, the term “functions” does not include any quarantine activities carried out under the laws specified in subsection (b).
(d)(1)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)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)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)(1)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)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)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)(1)Out of funds collected by fees authorized under section 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)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Virus-Serum-Toxin Act, referred to in subsec. (b)(1), is the eighth paragraph under the heading “Bureau of Animal Industry” in act Mar. 4, 1913, ch. 145, 37 Stat. 832, 833, which is classified generally to chapter 5 (§ 151 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see

Short Title

note set out under section 151 of Title 21 and Tables. The Federal Seed Act, referred to in subsec. (b)(3), is act Aug. 9, 1939, ch. 615, 53 Stat. 1275. Title III of the Act is classified generally to subchapter III (§ 1581 et seq.) of chapter 37 of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1551 of Title 7 and Tables. The Plant Protection Act, referred to in subsec. (b)(4), is title IV of Pub. L. 106–224, June 20, 2000, 114 Stat. 438, which is classified principally to chapter 104 (§ 7701 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see

Short Title

note set out under section 7701 of Title 7 and Tables. The Animal Health Protection Act, referred to in subsec. (b)(5), is subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to chapter 109 (§ 8301 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see

Short Title

note set out under section 8301 of Title 7 and Tables. The Lacey Act

Amendments

of 1981, referred to in subsec. (b)(6), is Pub. L. 97–79, Nov. 16, 1981, 95 Stat. 1073, which enacted chapter 53 (§ 3371 et seq.) of Title 16, Conservation, amended section 1540 of Title 16 and section 42 of Title 18, Crimes and Criminal Procedure, repealed section 667e and 851 to 856 of Title 16 and section 43, 44, 3054, and 3112 of Title 18, and enacted provisions set out as notes under section 1540 and 3371 of Title 16. For complete classification of this Act to the Code, see

Short Title

note set out under section 3371 of Title 16 and Tables. Codification Section is comprised of section 421 of Pub. L. 107–296. Subsec. (h) of section 421 of Pub. L. 107–296 amended section 2279e and 2279f of Title 7, Agriculture.

Reference

Citations & Metadata

Citation

6 U.S.C. § 231

Title 6Domestic Security

Last Updated

Apr 3, 2026

Release point: 119-73not60