[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4005 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4005

  To exempt certain animal identification information from disclosure 
                 under the Freedom of Information Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 18, 2004

 Mr. Peterson of Minnesota (for himself, Mr. Rehberg, Mr. Tom Davis of 
 Virginia, and Mr. Kanjorski) introduced the following bill; which was 
referred to the Committee on Government Reform, and in addition to the 
Committee on Agriculture, 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 exempt certain animal identification information from disclosure 
                 under the Freedom of Information Act.

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

SECTION 1. EXEMPTION OF CERTAIN ANIMAL IDENTIFICATION INFORMATION FROM 
              DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT.

    (a) Release of Animal Identification Numbering Information Exempt 
From Disclosure Under Freedom of Information Act.--Information obtained 
through the livestock identification system is exempt from disclosure 
under section 552 of title 5, United States Code.
    (b) Character of Livestock Identification System Information.--
Except as provided in subsections (c) and (d), information obtained 
through the livestock identification system--
            (1) may not be released;
            (2) shall not be considered information in the public 
        domain; and
            (3) shall be considered commercial information that is 
        privileged and confidential.
    (c) Limited Release of Information Authorized.--Notwithstanding 
subsection (b), the Secretary of Agriculture may release information 
obtained through the livestock identification system regarding 
particular livestock if--
            (1) the information involves livestock threatened by 
        disease or pest;
            (2) the release of the information is related to actions 
        the Secretary may take under this subtitle; and
            (3) 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.
    (d) Limited Release of Information Required.--Notwithstanding 
subsection (b), the Secretary of Agriculture shall release information 
obtained through the livestock identification system regarding 
particular livestock--
            (1) to the person who owns or controls the livestock, if 
        the person requests such information;
            (2) to the Attorney General for the purpose of law 
        enforcement;
            (3) to the Secretary of Homeland Security for the purpose 
        of national security;
            (4) to a court of competent jurisdiction; and
            (5) 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.
    (e) Conflict of Law.--If the information disclosure limitations or 
requirements of this section conflict with information disclosure 
limitations or requirements of a State law--
            (1) this section shall take precedence over the State law, 
        if the conflict involves interstate or international commerce; 
        and
            (2) the State law shall take precedence over this section, 
        if the conflict involves intrastate commerce in that State.
    (f) Livestock Identification System Defined.--In this section, the 
term ``livestock identification system'' means any system of 
identifying livestock developed by the Secretary of Agriculture.
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