(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 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 AGRI-
CULTURE REGULATIONS.—The authority transferred
pursuant to subsection (a) 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 adminis-
tration of the laws specified in subsection (b).
(2) RULEMAKING
COORDINATION.—The Sec-
retary of Agriculture shall coordinate with the Sec-
retary of Homeland Security whenever the Secretary
of Agriculture prescribes regulations, policies, or
procedures for administering the laws specified in
subsection (b) at the locations referred to in sub-
section (a).
(3) EFFECTIVE
ADMINISTRATION.—The Sec-
retary of Homeland Security, in consultation with
the Secretary of Agriculture, may issue such direc-
tives and guidelines as are necessary to ensure the
effective use of personnel of the Department of
Homeland Security to carry out the functions trans-
ferred pursuant to subsection (a).
(e) TRANSFER AGREEMENT.—
(1) AGREEMENT REQUIRED; REVISION.—Before
the end of the transition period, as defined in section
801(2), the Secretary of Agriculture and the Sec-
retary of Homeland Security shall enter into an
agreement to effectuate the transfer of functions re-
quired by subsection (a). The Secretary of Agri-
culture and the Secretary of Homeland Security may
jointly revise the agreement as necessary thereafter.
(2) REQUIRED
TERMS.—The agreement re-
quired by this subsection shall specifically address
the following:
(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 pursuant to sub-
section (a).
(B) The transfer of funds to the Secretary
of Homeland Security under subsection (f).
(3) COOPERATION
AND
RECIPROCITY.—The
Secretary of Agriculture and the Secretary of Home-
land Security may include as part of the agreement
the following:
(A) Authority for the Secretary of Home-
land Security 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 of Homeland
Security pursuant to subsection (a).
(B) Authority for the Secretary of Agri-
culture to use employees of the Department of
Homeland Security to carry out authorities del-
egated to the Animal and Plant Health Inspec-
tion Service regarding the protection of domes-
tic livestock and plants.
(f) PERIODIC TRANSFER OF FUNDS TO DEPART-
MENT OF HOMELAND SECURITY.—
(1) TRANSFER OF FUNDS.—Out of funds col-
lected 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 Sec-
retary of Agriculture shall transfer, from time to
time in accordance with the agreement under sub-
section (e), to the Secretary of Homeland Security
funds for activities carried out by the Secretary of
Homeland Security for which such fees were col-
lected.
(2) LIMITATION.—The proportion of fees col-
lected pursuant to such sections that are transferred
to the Secretary of Homeland Security under this
subsection may not exceed the proportion of the
costs incurred by the Secretary of Homeland Secu-
rity to all costs incurred to carry out activities fund-
ed by such fees.
(g) TRANSFER OF DEPARTMENT OF AGRICULTURE
EMPLOYEES.—During the transition period, the Secretary
of Agriculture shall transfer to the Secretary of Homeland
Security not more than 3,200 full-time equivalent posi-
tions of the Department of Agriculture.
(h) PROTECTION OF INSPECTION ANIMALS.—Title V
of the Agricultural 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 Security’’ after ‘‘Department of Ag-
riculture’’; and
(B) by inserting ‘‘or the Secretary of
Homeland Security’’ after ‘‘Secretary of Agri-
culture’’;
(2) by striking ‘‘Secretary’’ each place it ap-
pears (other than in sections 501(a) and 501(e))
and inserting ‘‘Secretary concerned’’; and
(3) by adding at the end of section 501 the fol-
lowing 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 in-
spections by the Department of Homeland Secu-
rity.’’.
SEC. 405. 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 au-
thorities of the Administrator of General Services with re-
spect 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
402(4), the Administrator shall retain all powers, func-
tions, and authorities vested in the Administrator under
the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.) 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 Serv-
ices to collect rents and fees, including fees col-
lected 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 210(f) of the Federal Property and Ad-
ministrative Services Act of 1949 (40 U.S.C.
490(f)).
(2) USE
OF
TRANSFERRED
AMOUNTS.—Any
amounts transferred by the Administrator of Gen-
eral 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 Govern-
ment.
SEC. 406. FUNCTIONS OF TRANSPORTATION SECURITY AD-
MINISTRATION.
(a) CONSULTATION WITH FEDERAL AVIATION AD-
MINISTRATION.—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 Depart-
ment 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 con-
taining a plan for complying with the requirements of sec-
tion 44901(d) of title 49, United States Code.
(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 be-
fore 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. 407. PRESERVATION OF TRANSPORTATION SECURITY
ADMINISTRATION AS A DISTINCT ENTITY.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of this Act, and subject to subsection (b), the Trans-
portation 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 two
years after the date of enactment of this Act.
SEC. 408. ANNUAL ASSESSMENT OF TERRORIST-RELATED
THREATS TO PUBLIC TRANSPORTATION.
On an annual basis, the Secretary, in consultation
with the heads of other appropriate Federal departments
and agencies, shall conduct an assessment of terrorist-re-
lated threats to all forms of public transportation, includ-
ing public gathering areas related to public transportation.
SEC. 409. EXPLOSIVE DETECTION SYSTEMS.
(a) INSTALLATION OF SYSTEMS.—Section 44901(d)
of title 49, United States Code, is amended by adding at
the end the following:
‘‘(2) MODIFICATION
OF
AIRPORT
TERMINAL
BUILDINGS
TO
ACCOMMODATE
EXPLOSIVE
DETEC-
TION SYSTEMS.—
‘‘(A) NOTIFICATION
OF
AIRPORTS.—Not
later than October 1, 2002, the Under Sec-
retary shall notify the owner or operator of each
United States airport described in section
44903(c) of the number and type of explosive
detection systems that will be required to be de-
ployed at the airport in order to screen all
checked baggage by explosive detection systems
without imposing unreasonable delays on the
passengers using the airport.
‘‘(B) ASSESSMENTS
OF
AIRPORT
TER-
MINAL BUILDINGS.—If the owner or operator of
a United States airport described in section
44903(c) determines that the airport will not be
able to make the modifications to the airport’s
terminal buildings that are necessary to accom-
modate the explosive detection systems required
under subparagraph (A) in a cost-effective
manner on or before December 31, 2002, the
owner or operator shall provide notice of that
determination to the Under Secretary not later
than November 1, 2002.
‘‘(C) PLANS FOR MAKING MODIFICATIONS
TO AIRPORT TERMINAL BUILDINGS.—
‘‘(i) IN
GENERAL.—If the owner or
operator of an airport provides notice to
the Under Secretary under subparagraph
(B), the Under Secretary, in consultation
with the owner or operator, shall develop,
not later than December 1, 2002, a plan
for making necessary modifications to the
airport’s terminal buildings so as to deploy
and fully utilize explosive detection systems
to screen all checked baggage.
‘‘(ii) DEADLINE.—A plan developed
under this subparagraph shall include a
date for executing the plan. All such plans
shall be executed as expeditiously as prac-
ticable but not later than December 31,
2003.
‘‘(iii) TRANSMISSION
OF
PLANS
TO
CONGRESS.—On the date of completion of
a plan under this subparagraph, the Under
Secretary shall transmit a copy of the plan
to Congress. For security purposes, infor-
mation contained in the plan shall not be
disclosed to the public.
‘‘(D) REQUIREMENTS FOR PLANS.—A plan
developed and published under subparagraph
(C), shall provide for, to the maximum extent
practicable—
‘‘(i) the deployment of explosive detec-
tion systems in the baggage sorting area or
other non-public area rather than the lobby
of an airport terminal building; and
‘‘(ii) the deployment of state of the
art explosive detection systems that have
high throughput, low false alarm rates,
and high reliability without reducing detec-
tion rates.
‘‘(E) USE OF SCREENING METHODS OTHER
THAN
EDS.—Notwithstanding the deadline in
paragraph (1)(A), after December 31, 2002, if
explosive detection systems are not screening all
checked baggage at a United States airport de-
scribed in section 44903(c), such baggage shall
be screened by the methods described in sub-
section (e) until such time as all checked
baggage is screened by explosive detection sys-
tems at the airport.
‘‘(3) PURCHASE
OF
EXPLOSIVE
DETECTION
SYSTEMS.—Any explosive detection system required
to be purchased under paragraph (2)(A) shall be
purchased by the Under Secretary.
‘‘(4) EXPLOSIVE
DETECTION
SYSTEM
DE-
FINED.—In this subsection, the term ‘explosive de-
tection system’ means a device, or combination of
devices, that can detect different types of explo-
sives.’’.
(b) CORRECTION OF REFERENCE.—Section 44901(e)
of title 49, United States Code, is amended by striking
‘‘(b)(1)(A)’’ and inserting ‘‘(d)(1)(A)’’.
SEC. 410. TRANSPORTATION SECURITY.
(a) 
TRANSPORTATION
SECURITY
OVERSIGHT
BOARD.—
(1) ESTABLISHMENT.—Section 115(a) of title
49, United States Code, is amended by striking ‘‘De-
partment of Transportation’’ and inserting ‘‘Depart-
ment of Homeland Security’’.
(2) MEMBERSHIP.—Section 115(b)(1) of title
49, United States Code, is amended—
(A) by striking subparagraph (G);
(B) by redesignating subparagraphs (A)
through (F) as subparagraphs (B) through (G),
respectively; and
(C) by inserting before subparagraph (B)
(as so redesignated) the following:
‘‘(A) The Secretary of Homeland Security,
or the Secretary’s designee.’’.
(3) CHAIRPERSON.—Section 115(b)(2) of title
49, United States Code, is amended by striking
‘‘Secretary of Transportation’’ and inserting ‘‘Sec-
retary of Homeland Security’’.
(b) APPROVAL OF AIP GRANT APPLICATIONS FOR
SECURITY ACTIVITIES.—Section 47106 of title 49, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(g) CONSULTATION WITH SECRETARY OF HOME-
LAND SECURITY.—The Secretary shall consult with the
Secretary of Homeland Security before approving an ap-
plication under this subchapter for an airport development
project 
grant 
for 
activities 
described 
in 
section
47102(3)(B)(ii) (relating to security equipment) or section
47102(3)(B)(x) (relating to installation of bulk explosive
detection systems).’’.
Subtitle B—Immigration and
Nationality Functions
CHAPTER 1—IMMIGRATION
ENFORCEMENT
SEC. 411. TRANSFER OF FUNCTIONS TO UNDER SECRETARY
FOR BORDER AND TRANSPORTATION SECU-
RITY.
In accordance with title VIII, there shall be trans-
ferred from the Commissioner of Immigration and Natu-
ralization to the Under Secretary for Border and Trans-
portation Security all functions performed under the fol-
lowing programs, and all personnel, assets, and liabilities
pertaining to such programs, immediately before such
transfer occurs:
(1) The Border Patrol program.
(2) The detention and removal program.
(3) The intelligence program.
(4) The investigations program.
(5) The inspections program.
SEC. 412. ESTABLISHMENT OF BUREAU OF BORDER SECU-
RITY.
(a) ESTABLISHMENT OF BUREAU.—
(1) IN GENERAL.—There is established in the
Department of Homeland Security a bureau to be
known as the ‘‘Bureau of Border Security’’.
(2) ASSISTANT SECRETARY.—The head of the
Bureau of Border Security shall be the Assistant
Secretary of the Bureau of Border Security, who—
(A) shall report directly to the Under Sec-
retary for Border and Transportation Security;
and
(B) shall have a minimum of 10 years pro-
fessional experience in law enforcement, at least
5 of which shall have been years of service in
a managerial capacity.
(3) FUNCTIONS.—The Assistant Secretary of
the Bureau of Border Security—
(A) shall establish the policies for per-
forming such functions as are—
(i) transferred to the Under Secretary
for Border and Transportation Security by
section 411 and delegated to the Assistant
Secretary by the Under Secretary for Bor-
der and Transportation Security; or
(ii) otherwise vested in the Assistant
Secretary by law;
(B) shall oversee the administration of
such policies; and
(C) shall advise the Under Secretary for
Border and Transportation Security with re-
spect to any policy or operation of the Bureau
of Border Security that may affect the Bureau
of Citizenship and Immigration Services of the
Department of Justice established under chap-
ter 2, including potentially conflicting policies
or operations.
(4) PROGRAM TO COLLECT INFORMATION RE-
LATING
TO
FOREIGN
STUDENTS.—The Assistant
Secretary of the Bureau of Border Security shall be
responsible for administering the program to collect
information relating to nonimmigrant foreign stu-
dents and other exchange program participants de-
scribed in section 641 of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372), including the Student and Exchange
Visitor Information System established under that
section, and shall use such information to carry out
the enforcement functions of the Bureau.
(5) MANAGERIAL ROTATION PROGRAM.—
(A) IN GENERAL.—Not later than 1 year
after the date on which the transfer of func-
tions specified under section 411 takes effect,
the Assistant Secretary of the Bureau of Bor-
der Security shall design and implement a man-
agerial rotation program under which employees
of such bureau holding positions involving su-
pervisory or managerial responsibility and clas-
sified, in accordance with chapter 51 of title 5,
United States Code, as a GS–14 or above, shall,
as a condition on further promotion—
(i) gain some experience in all the
major functions performed by such bureau;
and
(ii) work in at least one local office of
such bureau.
(B) REPORT.—Not later than 2 years after
the date on which the transfer of functions
specified under section 411 takes effect, the
Secretary shall submit a report to the Congress
on the implementation of such program.
(b) CHIEF OF POLICY AND STRATEGY.—
(1) IN GENERAL.—There shall be a position of
Chief of Policy and Strategy for the Bureau of Bor-
der Security.
(2) FUNCTIONS.—In consultation with Bureau
of Border Security personnel in local offices, the
Chief of Policy and Strategy shall be responsible
for—
(A) establishing national immigration en-
forcement policies and priorities;
(B) performing policy research and anal-
ysis on immigration enforcement issues; and
(C) coordinating immigration policy issues
with the Chief of Policy and Strategy for the
Bureau of Citizenship and Immigration Services
of the Department of Justice (established under
chapter 2), and the Assistant Attorney General
for Citizenship and Immigration Services, as
appropriate.
(c) CITIZENSHIP AND IMMIGRATION SERVICES LIAI-
SON.—
(1) IN GENERAL.—There shall be a position of
Citizenship and Immigration Services Liaison for the
Bureau of Border Security.
(2) FUNCTIONS.—The Citizenship and Immi-
gration Services Liaison shall be responsible for the
appropriate allocation and coordination of resources
involved in supporting shared support functions for
the Bureau of Citizenship and Immigration Services
of the Department of Justice (established under
chapter 2) and the Bureau of Border Security,
including—
(A) information resources management, in-
cluding computer databases and information
technology;
(B) records and file management; and
(C) forms management.
SEC. 413. PROFESSIONAL RESPONSIBILITY AND QUALITY
REVIEW.
The Under Secretary for Border and Transportation
Security shall be responsible for—
(1) conducting investigations of noncriminal al-
legations of misconduct, corruption, and fraud in-
volving any employee of the Bureau of Border Secu-
rity that are not subject to investigation by the In-
spector General for the Department;