SEC. 
17. 
AUTHORIZATION 
OF 
APPROPRIATIONS 
AND
TRANSFER AUTHORITY.
(a) AUTHORIZATION OF APPROPRIATION.—There are
authorized to be appropriated such sums of money as may
be necessary to carry out this Act.
(b) AUTHORITY TO TRANSFER CERTAIN FUNDS.—
The Secretary may, in connection with an emergency in
which a disease or pest of livestock threatens any segment
of the agricultural production of the United States, trans-
fer from other appropriations or funds available to the
agencies or corporations of the Department of Agriculture
any sum of money as the Secretary may deem necessary
to be available in the emergency for the arrest, control,
eradication, and prevention of the spread of the disease
or pest of livestock and for related expenses. Any funds
transferred under this section shall remain available for
such purposes without fiscal year limitation.
SEC. 18. REGULATIONS AND ORDERS.
The Secretary may issue any regulations or orders
as the Secretary deems necessary to carry out this Act.
SEC. 19. PREEMPTION.
(a) REGULATION
OF
FOREIGN
COMMERCE.—No
State or political subdivision of a State may regulate the
movement in foreign commerce of any animal, article, or
means of conveyance in order to control a disease or pest
of livestock.
(b) REGULATION OF INTERSTATE COMMERCE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), no State or political subdivision of a
State my regulate the movement in interstate com-
merce of any animal, article, or means of conveyance
in order to control a disease or pest of livestock.
(2) EXCEPTIONS.—
(A) REGULATIONS CONSISTENT WITH FED-
ERAL
REGULATIONS.—A State or a political
subdivision of a State may impose a prohibition
or restriction upon the movement in interstate
commerce of an animal, article, or means of
conveyance that is consistent with, and does not
exceed, regulations or orders issued by the Sec-
retary.
(B) SPECIAL NEED.—A State or political
subdivision of a State may impose a prohibition
or restriction upon the movement in interstate
commerce of an animal, article, or means of
conveyance that is in addition to a prohibition
or restriction imposed by the Secretary, if the
State or political subdivision of a State dem-
onstrates to the Secretary and the Secretary
finds that there is a special need for an addi-
tional prohibition or restriction based on sound
scientific data or a thorough risk assessment.
SEC. 20. SEVERABILITY.
If any provision of this Act or application of any pro-
vision of this Act to any person or circumstance 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. 21. REPEALS AND CONFORMING AMENDMENTS.
(a) REPEALS.—The following provisions of law are
hereby repealed:
(1) Section 101(b) of the Department of Agri-
culture Organic Act of 1944 (7 U.S.C. 429).
(2) The Act of August 28, 1950 (Chap. 815, 64
Stat. 561, 7 U.S.C. 2260), An Act to enable the
Secretary of Agriculture to furnish, upon a reim-
bursable basis, certain inspection services involving
overtime work.
(3) Section 919 of the Federal Agriculture Im-
provement and Reform Act of 1996 (7 U.S.C.
2260a).
(4) Section 1 of the Act of October 14, 1982
(7 U.S.C. 2274), An Act to authorize certain em-
ployees of the United States Department of Agri-
culture charged with the enforcement of animal
quarantine laws to carry firearms for self-protection
and to improve the quality of table grapes for mar-
keting in the United States.
(5) Section 306 of the Tariff Act of 1930 (19
U.S.C. 1306).
(6) Sections 6–8 and 10 of the Act of August
30, 1890 (21 U.S.C. 102–105), An Act providing for
an inspection of meats for exportation, prohibiting
the importation of adulterated articles of food or
drink, and authorizing the President to make procla-
mation in certain cases, and for other purposes.
(7) The Act of February 2, 1903 (21 U.S.C.
111, 120–122), An Act to enable the Secretary of
Agriculture to more effectively suppress and prevent
the spread of contagious and infectious diseases of
livestock, and for other purposes.
(8) Sections 2–9, 11, and 13 of the Act of May
29, 1884 (Chap. 60, 23 Stat. 32, 21 U.S.C. 112,
113, 114, 114a, 114a–1, 115–120, and 130).
(9) Sections 1, 2, 3, and 5 of the Act of Feb-
ruary 28, 1947 (21 U.S.C. 114b, 114c, 114d, and
114d–1), An Act to authorize the Secretary of Agri-
culture to cooperate with the Government of Mexico
in the control and elimination of foot and mouth dis-
ease and rinderpest.
(10) The Act of June 16, 1948 (21 U.S.C.
114e and 114f), An Act authorizing additional re-
search and investigation into problems and methods
relating to the eradication of cattle grubs, and for
other purposes.
(11) The Act of September 6, 1961 (21 U.S.C.
114g–114h), An Act to provide for a national hog
cholera eradication program.
(12) Section 2506 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (21 U.S.C.
114i).
(13) The third and fourth provisos of the fourth
paragraph under the heading Bureau of Animal In-
dustry of the Act of May 31, 1920 (21 U.S.C. 116),
An Act making appropriations for the Department
of Agriculture for fiscal year ending June 30,
1921’’.
(14) Sections 1–4 and 6 of the Act of March
3, 1905 (21 U.S.C. 123–127).
(15) The first proviso under the heading Gen-
eral Expenses, Bureau of Animal Industry in the
Act of June 30, 1914 (21 U.S.C. 128), An Act mak-
ing appropriations for the Department of Agri-
culture for the fiscal year ending June thirtieth,
nineteen hundred and fifteen.
(16) The fourth proviso in the paragraph under
the heading Salaries and Expenses, Animal and
Plant Health Inspection Service of the Department
of Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriation
Act, 1999 (21 U.S.C. 129).
(17) The third paragraph under the heading
Miscellaneous of the Act of May 26, 1910 (21
U.S.C. 131), An Act making appropriations for the
Department of Agriculture for the fiscal year ending
June thirtieth, nineteen hundred and eleven.
(18) Sections 1–6 and 11–13 of the Act of July
2, 1962 (21 U.S.C. 134–134h), An Act to provide
greater protection against the introduction and dis-
semination of diseases of livestock and poultry, and
for other purposes.
(19) The Act of May 6, 1970 (Public Law 91–
239, 84 Stat. 202, 21 U.S.C. 135–135b).
(20) Sections 12 through 14 of the Federal
Meat Inspection Act (21 U.S.C. 612–614).
(21) Sections 3901 and 3902 of title 46, United
States Code.
(22) Section 80502 of title 49, United States
Code.
(23) The first section of Public Law 97–46 (7
U.S.C. 147b).
(b) CONFORMING AMENDMENT.—(1) Section 18 of
the Federal Meat Inspection Act (21 U.S.C. 618) is
amended by striking of the cattle and all that follows
through as herein described and inserting the carcasses
and products of cattle, sheep, swine, goats, horses, mules,
and other equines.
(2) Section 2509(c) of the Food, Agriculture, Con-
servation, and Trade Act of 1990 (21 U.S.C. 136a(c)) is
amended by adding after paragraph (1) the following:
‘‘(2) The Secretary of Agriculture is authorized
to prescribe and collect fees to recover the costs of
carrying out the provisions of the Animal Health
Protection 
Act 
which 
relate 
to 
veterinary
diagnostics.’’.
Æ