H. R. 5005—49
(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 REGU-
LATIONS.—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 Agri-
culture shall coordinate with the Secretary whenever the Sec-
retary of Agriculture prescribes regulations, policies, or proce-
dures for administering the functions transferred under sub-
section (a) under a law specified in subsection (b).
(3) EFFECTIVE
ADMINISTRATION.—The Secretary, in con-
sultation with the Secretary of Agriculture, may issue such
directives and guidelines as are necessary to ensure the effec-
tive 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 sub-
section 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 sub-
section (f).
(3) COOPERATION AND RECIPROCITY.—The Secretary of Agri-
culture 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 trans-
ferred 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 live-
stock and plants.
(f) PERIODIC TRANSFER OF FUNDS TO DEPARTMENT OF HOME-
LAND SECURITY.—
(1) TRANSFER OF FUNDS.—Out of funds collected by fees
authorized under sections 2508 and 2509 of the Food, Agri-
culture, 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.
H. R. 5005—50
(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.
(h) PROTECTION OF INSPECTION ANIMALS.—Title V of the Agri-
cultural Risk Protection Act of 2000 (7 U.S.C. 2279e, 2279f) is
amended—
(1) in section 501(a)—
(A) by inserting ‘‘or the Department of Homeland Secu-
rity’’ after ‘‘Department of Agriculture’’; and
(B) by inserting ‘‘or the Secretary of Homeland Secu-
rity’’ after ‘‘Secretary of Agriculture’’;
(2) by striking ‘‘Secretary’’ each place it appears (other
than in sections 501(a) and 501(e)) and inserting ‘‘Secretary
concerned’’; and
(3) by adding at the end of section 501 the following new
subsection:
‘‘(e) SECRETARY CONCERNED DEFINED.—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.’’.
SEC. 422. 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 Govern-
ment and under the jurisdiction, custody, or control of the Adminis-
trator. 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 provi-
sions 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.
H. R. 5005—51
(2) USE OF TRANSFERRED AMOUNTS.—Any amounts trans-
ferred 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. FUNCTIONS OF TRANSPORTATION SECURITY ADMINISTRA-
TION.
(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 Sec-
retary 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. PRESERVATION OF TRANSPORTATION SECURITY ADMINIS-
TRATION 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 Transpor-
tation and Security.
(b) SUNSET.—Subsection (a) shall cease to apply 2 years after
the date of enactment of this Act.
SEC. 425. EXPLOSIVE DETECTION SYSTEMS.
Section 44901(d) of title 49, United States Code, is amended
by adding at the end the following:
‘‘(2) DEADLINE.—
‘‘(A) IN GENERAL.—If, in his discretion or at the request
of an airport, the Under Secretary of Transportation for
Security determines that the Transportation Security
Administration is not able to deploy explosive detection
systems required to be deployed under paragraph (1) at
all airports where explosive detection systems are required
by December 31, 2002, then with respect to each airport
for which the Under Secretary makes that determination—
‘‘(i) the Under Secretary shall submit to the Senate
Committee on Commerce, Science, and Transportation
H. R. 5005—52
and the House of Representatives Committee on
Transportation and Infrastructure a detailed plan
(which may be submitted in classified form) for the
deployment of the number of explosive detection sys-
tems at that airport necessary to meet the require-
ments of paragraph (1) as soon as practicable at that
airport but in no event later than December 31, 2003;
and
‘‘(ii) the Under Secretary shall take all necessary
action to ensure that alternative means of screening
all checked baggage is implemented until the require-
ments of paragraph (1) have been met.
‘‘(B) CRITERIA
FOR
DETERMINATION.—In making a
determination under subparagraph (A), the Under Sec-
retary shall take into account—
‘‘(i) the nature and extent of the required modifica-
tions to the airport’s terminal buildings, and the tech-
nical, engineering, design and construction issues;
‘‘(ii) the need to ensure that such installations
and modifications are effective; and
‘‘(iii) the feasibility and cost-effectiveness of
deploying explosive detection systems in the baggage
sorting area or other non-public area rather than the
lobby of an airport terminal building.
‘‘(C) RESPONSE.—The Under Secretary shall respond
to the request of an airport under subparagraph (A) within
14 days of receiving the request. A denial of request shall
create no right of appeal or judicial review.
‘‘(D) AIRPORT
EFFORT
REQUIRED.—Each airport with
respect to which the Under Secretary makes a determina-
tion under subparagraph (A) shall—
‘‘(i) cooperate fully with the Transportation Secu-
rity Administration with respect to screening checked
baggage and changes to accommodate explosive detec-
tion systems; and
‘‘(ii) make security projects a priority for the obliga-
tion or expenditure of funds made available under
chapter 417 or 471 until explosive detection systems
required to be deployed under paragraph (1) have been
deployed at that airport.
‘‘(3) REPORTS.—Until the Transportation Security Adminis-
tration has met the requirements of paragraph (1), the Under
Secretary shall submit a classified report every 30 days after
the date of enactment of this Act to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastruc-
ture describing the progress made toward meeting such require-
ments at each airport.’’.
SEC. 426. TRANSPORTATION SECURITY.
(a) TRANSPORTATION SECURITY OVERSIGHT BOARD.—
(1) ESTABLISHMENT.—Section 115(a) of title 49, United
States Code, is amended by striking ‘‘Department of Transpor-
tation’’ and inserting ‘‘Department of Homeland Security’’.
(2) MEMBERSHIP.—Section 115(b)(1) of title 49, United
States Code, is amended—
(A) by striking subparagraph (G);