foreign commerce any article, means of conveyance, plant,
biological control organism, plant pest, noxious weed, or
plant product in order to control a plant pest or noxious
weed, eradicate a plant pest or noxious weed, or prevent
the introduction or dissemination of a biological control
organism, plant pest or noxious weed.
(b) REGULATION OF INTERSTATE COMMERCE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), no State or political subdivision of a
State may regulate the movement in interstate com-
merce of any article, means of conveyance, plant, bi-
ological control organism, plant pest, noxious weed,
or plant product in order to control a plant pest or
noxious weed, eradicate a plant pest or noxious
weed, or prevent the introduction or dissemination
of a biological control organism, plant pest or nox-
ious weed, if the Secretary has issued a regulation
or order to prevent the dissemination of the biologi-
cal control organism, plant pest or noxious weed
within the United States.
(2) EXCEPTIONS.—
(A) REGULATIONS CONSISTENT WITH FED-
ERAL
REGULATIONS.—A State or a political
subdivision of a State may impose prohibitions
or restrictions upon the movement in interstate
commerce of articles, means of conveyance,
plants, biological control organisms, plant pests,
noxious weeds, or plant products that are con-
sistent with and do not exceed the regulations
or orders issued by the Secretary.
(B) SPECIAL NEED.—A State or political
subdivision of a State may impose prohibitions
or restrictions upon the movement in interstate
commerce of articles, means of conveyance,
plants, plant products, biological control orga-
nisms, plant pests, or noxious weeds that are in
addition to the prohibitions or restrictions im-
posed by the Secretary, if the State or political
subdivision of a State demonstrates to the Sec-
retary and the Secretary finds that there is a
special need for additional prohibitions or re-
strictions based on sound scientific data or a
thorough risk assessment.
SEC. 307. SEVERABILITY.
If any provision of this Act or application of any pro-
vision of this Act to any person or circumstances is held
invalid, the remainder of this Act and the application of
the provision to other persons and circumstances shall not
be affected by the invalidity.
SEC. 308. REPEAL OF SUPERSEDED LAWS.
(a) REPEAL.—The following provisions of law are
hereby repealed:
(1) The Act of August 20, 1912 (commonly
known as the Plant Quarantine Act; 7 U.S.C. 151–
164a, 167).
(2) The Federal Plant Pest Act (7 U.S.C.
150aa et seq., 7 U.S.C. 147a note).
(3) Subsections (a) through (e) of section 102
of the Department of Agriculture Organic Act of
1944 (7 U.S.C. 147a).
(4) The Federal Noxious Weed Act of 1974 (7
U.S.C. 2801 et seq.), except section 15 of such Act
(7 U.S.C. 2814).
(5) The Act of January 31, 1942 (commonly
known as the Mexican Border Act; 7 U.S.C. 149).
(6) The Joint Resolution of April 6, 1937 (com-
monly known as the Insect Control Act; 7 U.S.C.
148 et seq.).
(7) The Act of August 28, 1950 (Public Law
735; 7 U.S.C. 2260).
(8) The Halogeton Glomeratus Act (7 U.S.C.
1651 et seq.).
(9) The Golden Nematode Act (7 U.S.C. 150 et
seq.).
(10) Section 1773 of the Food Security Act of
1985 (Public Law 99–198; 7 U.S.C. 148f).
(b) EMERGENCY TRANSFER AUTHORITY REGARDING
PLANT PESTS.—The first section of Public Law 97–46
(7 U.S.C. 147b) is amended—
(1) by striking ‘‘plant pests or’’; and
(2) by striking ‘‘section 102 of the Act of Sep-
tember 21, 1944, as amended (7 U.S.C. 147a),
and’’.
(c) EFFECT ON REGULATIONS.—Regulations issued
under the authority of a provision of law repealed by sub-
section (a) shall remain in effect until such time as the
Secretary issues a regulation under section 304 that su-
persedes the earlier regulation.
TITLE IV—AUTHORIZATION OF
APPROPRIATIONS
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such
amounts as may be necessary to carry out this Act. Except
as specifically authorized by law, no part of the money
appropriated under this section shall be used to pay in-
demnities for property injured or destroyed by or at the
direction of the Secretary.
SEC. 402. TRANSFER AUTHORITY.
(a) AUTHORITY TO TRANSFER CERTAIN FUNDS.—
In connection with an emergency in which a plant pest
or noxious weed threatens any segment of the agricultural
production of the United States, the Secretary may trans-
fer from other appropriations or funds available to the
agencies or corporations of the Department of Agriculture
such amounts as the Secretary considers necessary to be
available in the emergency for the arrest, control, eradi-
cation, and prevention of the spread of the plant pest or
noxious weed and for related expenses.
(b) AVAILABILITY.—Any funds transferred under
this section shall remain available for such purposes with-
out fiscal year limitation.
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