### §190. Transfer of Plum Island Animal Disease Center, Department of Agriculture

#### (a) In general

In accordance with subchapter XII, 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 Department of Agriculture is able to carry out research, diagnostic, and other activities of the Department of Agriculture at the Center.

#### (c) Direction of activities

The Secretary of Agriculture shall continue to direct the research, diagnostic, and other activities of the Department of Agriculture at the Center described in subsection (b).

#### (d) Notification

#### (1) In general

At least 180 days before any change in the biosafety level at the Plum Island Animal Disease Center, the President shall notify Congress of the change and describe the reasons for the change.

#### (2) Limitation

No change described in paragraph (1) may be made earlier than 180 days after the completion of the transition period (as defined in section 541 of this title).

(Pub. L. 107–296, title III, §310, Nov. 25, 2002, 116 Stat. 2174.)

#### **Statutory Notes and Related Subsidiaries**

#### Transfer of National Bio and Agro-Defense Facility

Pub. L. 117–328, div. A, title VII, §775, Dec. 29, 2022, 136 Stat. 4509, provided that: "In this or any subsequent fiscal year, the Secretary of Homeland Security shall transfer to the Secretary of Agriculture the operation of and all property required to operate the National Bio- and Agro-Defense Facility in Manhattan, Kansas: Provided, That, such transfer of function shall include the transfer of up to 40 full time equivalent positions, to be completed within 120 days of the effective date of the transfer of function, as jointly determined by the Secretaries."

Similar provisions were contained in the following prior acts:

Pub. L. 117–103, div. A, title VII, §730, Mar. 15, 2022, 136 Stat. 92.

Pub. L. 116–94, div. B, title VII, §766, Dec. 20, 2019, 133 Stat. 2655.

#### Disposition of Plum Island Property and Transportation Assets

Pub. L. 116–260, div. FF, title V, §501(c), Dec. 27, 2020, 134 Stat. 3136, provided that: "The Administrator of General Services shall ensure that—

"(1) Federal property commonly known as Plum Island, New York, including the Orient point [probably should be "Point"] facility, all real and personal property and transportation assets that support Plum Island operations and access to Plum Island, be disposed of as a single consolidated asset; and

"(2) such disposal is subject to conditions as may be necessary to protect Government interests and meet program requirements."

Pub. L. 112–74, div. D, title V, §538, Dec. 23, 2011, 125 Stat. 976, which related to disposition of property and transporation assets if the National Bio and Agro-Defense Facility were relocated from Plum Island, New York, was repealed by Pub. L. 116–260, div. FF, title V, §501(b), Dec. 27, 2020, 134 Stat. 3136.