[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3961 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 3961

 To amend the Animal Health Protection Act to direct the Secretary of 
 Agriculture to implement the United States Animal Identification Plan 
 developed by the National Animal Identification Development Team, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 2004

  Mr. Osborne (for himself and Mr. Boswell) introduced the following 
   bill; which was referred to the Committee on Agriculture, and in 
 addition to the Committee on Energy and Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Animal Health Protection Act to direct the Secretary of 
 Agriculture to implement the United States Animal Identification Plan 
 developed by the National Animal Identification Development Team, 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 ``United States Animal Identification 
Plan Implementation Act''.

SEC. 2. ANIMAL IDENTIFICATION PLAN.

    Section 10411 of the Animal Health Protection Act (7 U.S.C. 8310) 
is amended by adding at the end the following:
    ``(f) Animal Identification Plan.--
            ``(1) Definition of animal identification plan.--
                    ``(A) In general.--The term `animal identification 
                plan' means the United States Animal Identification 
                Plan developed by the National Animal Identification 
                Development Team.
                    ``(B) Inclusions.--The term `animal identification 
                plan' includes--
                            ``(i) the operational premises 
                        identification allocation system;
                            ``(ii) the operational certification system 
                        able to certify State premises and animal 
                        number allocation systems;
                            ``(iii) the operational premises 
                        repository; and
                            ``(iv) the operational identification 
                        database.
            ``(2) Implementation priority.--Subject to the availability 
        of appropriations and cost-share agreements, the Secretary 
        shall implement the animal identification plan--
                    ``(A) for beef and dairy cattle that are at least 
                30 months old on the date of enactment of this 
                subsection, not later than 60 days after the date of 
                enactment of this subsection;
                    ``(B) for all other beef and dairy cattle, not 
                later than 90 days after the date of the enactment of 
                this subsection;
                    ``(C) for all other ruminate livestock, not later 
                than 180 days after the date of enactment of this 
                subsection; and
                    ``(D) for all other livestock, not later than 1 
                year after the date of enactment of this subsection.
            ``(3) Participation by state and third-party vendors.--The 
        Secretary may enter into agreements to collect information for 
        the animal identification plan with States or third-party 
        vendors that meet the requirements of the animal identification 
        plan.
            ``(4) Confidentiality of information.--
                    ``(A) In general.--In implementing the animal 
                identification plan, the Secretary shall ensure the 
                privacy of producers by--
                            ``(i) collecting only data necessary to 
                        establish and maintain the animal 
                        identification plan; and
                            ``(ii) maintaining the confidentiality of 
                        information collected from producers.
                    ``(B) Nonapplication of foia.--Section 552 of title 
                5, United States Code, shall not apply to the animal 
                identification plan.
                    ``(C) Application of privacy act.--Section 552a of 
                title 5, United States Code, shall apply to any 
                information collected to implement this subsection.
            ``(5) Financial assistance.--The Secretary may provide 
        financial assistance to producers to assist the producers in 
        complying with the animal identification plan.
            ``(6) Authorization of appropriations.--
                    ``(A) In general.--There is authorized to be 
                appropriated to carry out this subsection $50,000,000 
                for fiscal year 2004, of which at least $25,000,000 
                shall be available to carry out paragraph (5).
                    ``(B) Use of commodity credit corporation funds.--
                Subject to subparagraph (C), if less than $50,000,000 
                is appropriated for fiscal year 2004, the Secretary may 
                use up to $50,000,000 of the funds of the Commodity 
                Credit Corporation to carry out this subsection.
                    ``(C) Limitation on amount of funds.--No more than 
                $50,000,000 may be used to carry out this 
                subsection.''.

SEC. 3. RUMINANT FEED BAN.

    (a) In General.--The Secretary of Health and Human Services, acting 
through the Commissioner of Food and Drugs, shall--
            (1) monitor the implementation of section 589.2000 of title 
        21, Code of Federal Regulations (relating to animal proteins 
        prohibited in ruminant feed);
            (2) conduct an annual formal evaluation of the 
        effectiveness and implementation of that section; and
            (3) submit to Congress an annual report that describes the 
        formal evaluation.
    (b) Enforcement Plan.--
            (1) In general.--The Secretary shall develop and implement 
        a plan for enforcing section 589.2000 of title 21, Code of 
        Federal Regulations.
            (2) Inclusions.--The plan shall include--
                    (A) a hierarchy of enforcement actions to be taken;
                    (B) a timeframe to allow a person subject to 
                section 589.2000 of title 21, Code of Federal 
                Regulations, to correct violations; and
                    (C) a timeframe for subsequent inspections to 
                confirm that violations have been corrected.
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