I 108th CONGRESS 2d Session H. R. 3961 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.

1.

Short title

This Act may be cited as the &short-title2;.

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..

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.