[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3787 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 3787

To amend the Animal Health Protection Act to require the establishment 
of an electronic nationwide livestock identification system, to prevent 
the unauthorized release of information collected under the system, to 
 promote an objective review of Department of Agriculture responses to 
          livestock disease outbreaks, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 2004

  Mr. Peterson of Minnesota (for himself, Mr. Walsh, Mr. Tom Davis of 
Virginia, Ms. Kaptur, Mr. Kanjorski, Mr. Ross, Mr. McHugh, Mr. Rehberg, 
   Mr. Frank of Massachusetts, Mr. Davis of Tennessee, and Mr. Sabo) 
 introduced the following bill; which was referred to the Committee on 
                              Agriculture

_______________________________________________________________________

                                 A BILL


 
To amend the Animal Health Protection Act to require the establishment 
of an electronic nationwide livestock identification system, to prevent 
the unauthorized release of information collected under the system, to 
 promote an objective review of Department of Agriculture responses to 
          livestock disease outbreaks, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Farm Animal Identification 
and Records Act''.

SEC. 2. NATIONWIDE LIVESTOCK IDENTIFICATION SYSTEM.

    The Animal Health Protection Act is amended by inserting after 
section 10409 (7 U.S.C. 8308) the following new section:

``SEC. 10409A. NATIONWIDE LIVESTOCK IDENTIFICATION SYSTEM.

    ``(a) System Required.--Not later than 90 days after the date of 
the enactment of the National Farm Animal Identification and Records 
Act, the Secretary shall establish an electronic nationwide livestock 
identification system to require the identification of livestock to 
enhance the speed and accuracy of the response of the Department of 
Agriculture to outbreaks of disease in livestock. Because livestock 
diseases are not constrained by State boundaries, the livestock 
identification system shall apply to all livestock born in the United 
States or imported and cover the movement of livestock in both 
interstate commerce and intrastate commerce.
    ``(b) Capabilities.--The livestock identification system shall be 
capable of tracing, within 48 hours, livestock from birth to slaughter.
    ``(c) Participation by States.--The Secretary shall use the 
authority provided by section 10411(a) to cooperate with States to 
secure information for inclusion in the livestock identification 
system. Subject to subsection (f), the Secretary shall provide States 
with access to the livestock identification system.
    ``(d) Use of Existing Technology.--The Secretary may use technology 
developed by private entities before the date of the enactment of the 
National Farm Animal Identification and Records Act to operate the 
livestock identification system.
    ``(e) Financial Assistance.--To the extent funds are made available 
pursuant to subsection (g) to carry out this subsection, the Secretary 
shall provide financial assistance to producers to assist the producers 
in complying with the requirements of the livestock identification 
system. In providing such assistance, the Secretary shall ensure that 
producers with smaller livestock operations are not placed at a 
financial disadvantage in complying with such requirements.
    ``(f) Release of Animal Identification Numbering Information.--
            ``(1) Freedom of information act.--Information obtained 
        through the livestock identification system is exempt from 
        disclosure under section 552 of title 5, United States Code.
            ``(2) Character of livestock identification system 
        information.--Except as provided in paragraphs (3) and (4), 
        information obtained through the livestock identification 
        system--
                    ``(A) may not be released;
                    ``(B) shall not be considered information in the 
                public domain; and
                    ``(C) shall be considered commercial information 
                that is privileged and confidential.
            ``(3) Limited release of information authorized.--
        Notwithstanding paragraph (2), the Secretary may release 
        information obtained through the livestock identification 
        system regarding particular livestock if--
                    ``(A) the information involves livestock threatened 
                by disease or pest;
                    ``(B) the release of the information is related to 
                actions the Secretary may take under this subtitle; and
                    ``(C) the person obtaining the information needs 
                the information for reasons consistent with the public 
                health and public safety purposes of the livestock 
                identification system, as determined by the Secretary.
            ``(4) Limited release of information required.--
        Notwithstanding paragraph (2), the Secretary shall release 
        information obtained through the livestock identification 
        system regarding particular livestock--
                    ``(A) to the person who owns or controls the 
                livestock, if the person requests such information;
                    ``(B) to the Attorney General for the purpose of 
                law enforcement;
                    ``(C) to the Secretary of Homeland Security for the 
                purpose of national security;
                    ``(D) to a court of competent jurisdiction; and
                    ``(E) to the government of a foreign country, if 
                release of the information is necessary to trace 
                livestock threatened by disease or pest, as determined 
                by the Secretary.
            ``(5) Conflict of law.--If the information disclosure 
        limitations or requirements of this subsection conflict with 
        information disclosure limitations or requirements of a State 
        law--
                    ``(A) this subsection shall take precedence over 
                the State law, if the conflict involves interstate or 
                international commerce; and
                    ``(B) the State law shall take precedence over this 
                subsection, if the conflict involves intrastate 
                commerce in that State.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $175,000,000 to carry out this 
section.''.

SEC. 3. REVIEW OF DEPARTMENT OF AGRICULTURE RESPONSES TO OUTBREAKS OF 
              DISEASE IN LIVESTOCK.

    Section 10411 of the Animal Health Protection Act (7 U.S.C. 8310) 
is amended by adding at the end the following new subsection:
    ``(f) Review of Responses to Outbreaks of Disease.--The Secretary 
may appoint an international panel of scientific experts to provide an 
objective review of a response by the Department of Agriculture to an 
outbreak of disease in livestock and to identify areas for improvements 
in such responses.''.
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