7 U.S.C. § 8317 — Effect on regulations

Page 2200 TITLE 7—AGRICULTURE § 8315 date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 8315. Regulations and orders The Secretary may promulgate such regula- tions, and issue such orders, as the Secretary de- termines necessary to carry out this chapter. (Pub. L. 107–171, title X, § 10416, May 13, 2002, 116 Stat. 507.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For com- plete classification of subtitle E to the Code, see Short Title note set out under section 8301 of this title and Tables. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 8316. Authorization of appropriations (a) In general There are authorized to be appropriated such sums as are necessary to carry out this chapter. (b) Transfer of funds (1) In general In connection with an emergency under which a pest or disease of livestock threatens any segment of agricultural production in the United States, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Depart- ment of Agriculture such funds as the Sec- retary determines are necessary for the arrest, control, eradication, or prevention of the spread of the pest or disease of livestock and for related expenses. (2) Availability Any funds transferred under this subsection shall remain available until expended, without fiscal year limitation. (3) Reviewability The action of any officer, employee, or agent of the Secretary in carrying out this section (including determining the amount of and making any payment authorized to be made under this chapter) shall not be subject to re- view by any officer or employee of the Federal Government other than the Secretary or the designee of the Secretary. (c) Use of funds In carrying out this chapter, the Secretary may use funds made available to carry out this chapter for— (1) the employment of civilian nationals in foreign countries; and (2) the construction and operation of re- search laboratories, quarantine stations, and other buildings and facilities for special pur- poses. (Pub. L. 107–171, title X, § 10417, May 13, 2002, 116 Stat. 507; Pub. L. 110–234, title XI, § 11011(3), May 22, 2008, 122 Stat. 1360; Pub. L. 110–246, § 4(a), title XI, § 11011(3), June 18, 2008, 122 Stat. 1664, 2122.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For com- plete classification of subtitle E to the Code, see Short Title note set out under section 8301 of this title and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2008—Subsec. (b)(3). Pub. L. 110–246, § 11011(3), struck out ‘‘of longer than 60 days’’ after ‘‘review’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 8317. Effect on regulations A regulation issued under a provision of law repealed by subsection (a) shall remain in effect until the Secretary issues a regulation under section 8303(b) or 8315 of this title that super- sedes the earlier regulation. (Pub. L. 107–171, title X, § 10418(c), May 13, 2002, 116 Stat. 509.) Editorial Notes REFERENCES IN TEXT Subsection (a), referred to in text, means section 10418(a) of title X of Pub. L. 107–171, May 13, 2002, 116 Page 2201 TITLE 7—AGRICULTURE § 8321 Stat. 507, which repealed sections 429, 2260, and 2260a of this title, section 1306 of Title 19, Customs Duties, sec- tions 102 to 105, 111, 112, 113, 114 to 114d–1, 114e to 114h, 115 to 131, 134 to 135b, and 612 to 614 of Title 21, Food and Drugs, sections 3901 and 3902 of Title 46, Shipping, and provisions set out as a note under section 129a of Title 21. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 8318. Veterinary training The Secretary of Agriculture may develop a program to maintain in all regions of the United States a sufficient number of Federal and State veterinarians and veterinary teams, including those based at colleges of veterinary medicine, who are well trained in recognition and diag- nosis of exotic and endemic animal diseases and who are capable of providing effective services before, during, and after emergencies. (Pub. L. 107–171, title X, § 10504, May 13, 2002, 116 Stat. 510; Pub. L. 115–334, title XII, § 12106, Dec. 20, 2018, 132 Stat. 4943.) Editorial Notes CODIFICATION Section was not enacted as part of the Animal Health Protection Act which comprises this chapter. AMENDMENTS 2018—Pub. L. 115–334 inserted ‘‘and veterinary teams, including those based at colleges of veterinary medi- cine,’’ before ‘‘who are well trained’’ and ‘‘and who are capable of providing effective services before, during, and after emergencies’’ before period at end. § 8319. Surveillance of zoonotic diseases The Secretary of Health and Human Services, through the Commissioner of Food and Drugs and the Director of the Centers for Disease Con- trol and Prevention, and the Secretary of Agri- culture shall coordinate the surveillance of zoonotic diseases. (Pub. L. 107–188, title III, § 313, June 12, 2002, 116 Stat. 674.) Editorial Notes CODIFICATION Section was enacted as part of the Public Health Se- curity and Bioterrorism Preparedness and Response Act of 2002, and not as part of the Animal Health Pro- tection Act which comprises this chapter. § 8320. Expansion of Animal and Plant Health In- spection Service activities (a) In general The Secretary of Agriculture (referred to in this section as the ‘‘Secretary’’) may utilize ex- isting authorities to give high priority to en- hancing and expanding the capacity of the Ani- mal and Plant Health Inspection Service to con- duct activities to— (1) increase the inspection capacity of the Service at international points of origin; (2) improve surveillance at ports of entry and customs; (3) enhance methods of protecting against the introduction of plant and animal disease organisms by terrorists; (4) develop new and improve existing strate- gies and technologies for dealing with inten- tional outbreaks of plant and animal disease arising from acts of terrorism or from unin- tentional introduction, including— (A) establishing cooperative agreements among Veterinary Services of the Animal and Plant Health Inspection Service, State animal health commissions and regulatory agencies for livestock and poultry health, and private veterinary practitioners to en- hance the preparedness and ability of Veteri- nary Services and the commissions and agencies to respond to outbreaks of such ani- mal diseases; and (B) strengthening planning and coordina- tion with State and local agencies, includ- ing— (i) State animal health commissions and regulatory agencies for livestock and poul- try health; and (ii) State agriculture departments; and (5) otherwise improve the capacity of the Service to protect against the threat of bioter- rorism. (b) Automated recordkeeping system The Administrator of the Animal and Plant Health Inspection Service may implement a cen- tral automated recordkeeping system to provide for the reliable tracking of the status of animal and plant shipments, including those shipments on hold at ports of entry and customs. The Sec- retary shall ensure that such a system shall be fully accessible to or fully integrated with the Food Safety Inspection Service. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section, $30,000,000 for fiscal year 2002, and such sums as may be necessary for each subsequent fiscal year. (Pub. L. 107–188, title III, § 331, June 12, 2002, 116 Stat. 678.) Editorial Notes CODIFICATION Section was enacted as part of the Public Health Se- curity and Bioterrorism Preparedness and Response Act of 2002, and not as part of the Animal Health Pro- tection Act which comprises this chapter. § 8321. Pest and Disease Response Fund (a) Establishment There is established on the books of the Treas- ury an account to be known as the ‘‘Pest and Disease Response Fund’’. There shall be depos- ited into the Fund any proceeds received by the Secretary of Agriculture as reimbursement for services provided by the Secretary using amounts in the Fund.