II 109th CONGRESS 2d Session S. 3862 IN THE SENATE OF THE UNITED STATES September 7 (legislative day, September 6), 2006 Mr. Talent introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Animal Health Protection Act to prohibit the Secretary of Agriculture from implementing or carrying out a National Animal Identification System or similar requirement, to prohibit the use of Federal funds to carry out such a requirement, and to require the Secretary to protect information obtained as part of any voluntary animal identification system.
1.
Prohibition on mandatory animal identification program
Section 10409 of the Animal Health Protection Act (7 U.S.C. 8308) is amended by adding at the end the following: (c)
Prohibition on mandatory animal identification program
Notwithstanding any other provision of law, the Secretary shall not implement or carry out, and no Federal funds shall be used to implement or carry out, a National Animal Identification System, or similar requirement, that mandates the participation of livestock owners. .
2.
Protection of information in a voluntary animal identification system
Section 10409 of the Animal Health Protection Act (7 U.S.C. 8308) (as amended by section 1) is amended by adding at the end the following: (d)
Protection of information in a voluntary animal identification system
(1)
Definition of animal identification system
In this subsection, the term animal identification system means a voluntary system for identifying or tracing animals that is established by the Secretary. (2)
Protection from disclosure
(A)
In general
Information obtained through the animal identification system shall not be disclosed except as provided in this subsection. (B)
Waiver of privilege or protection
The provision of information to the animal identification system and the disclosure of information in accordance with this subsection shall not constitute a waiver of any applicable privilege or protection under Federal law, including trade secret protection. (3)
Limited release of information
The Secretary may disclose information obtained through the animal identification system if— (A)the Secretary determines that livestock may be threatened by a disease or pest; (B)the release of the information is related to actions the Secretary is authorized to take under this subtitle; and (C)the Secretary determines that the disclosure of the information to a government entity or person is necessary to assist the Secretary in carrying out the purposes of— (i)this subtitle; and (ii)the animal identification system. (4)
Mandatory disclosure of information
The Secretary shall disclose information obtained through the animal identification system regarding particular animals to— (A)the person who owns or controls the animals, if the person requests the information in writing; (B)the Attorney General for the purpose of law enforcement; (C)the Secretary of Homeland Security for the purpose of homeland security; (D)the Secretary of Health and Human Services for the purpose of protecting the public health; (E)an entity pursuant to an order of a court of competent jurisdiction; and (F)the government of a foreign country if disclosure of the information is necessary to trace animals that pose a disease or pest threat to livestock or a danger to human health, as determined by the Secretary. (5)
Prohibition on disclosure under State or local law
Any information relating to animal identification that a State or local government obtains from the Secretary shall not be made available by the State or local government pursuant to State or local law requiring disclosure of information or records to the public. .