[Congressional Record Volume 150, Number 18 (Thursday, February 12, 2004)]
[Senate]
[Page S1289]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HAGEL:
  S. 2070. A bill to amend the Animal Health Protection Act to direct 
the Secretary of Agriculture to implement the United States Animal 
Identification Plan, and for other purposes; to the Committee on 
Agriculture, Nutrition, and Forestry.
  Mr. HAGEL. Mr. President, I rise today to introduce legislation to 
provide the U.S. Department of Agriculture (USDA) the authority to 
implement the U.S. Animal Identification Plan (USAIP) for livestock, as 
well as strengthen existing laws that protect against the spread of 
disease in livestock.
  Consumers in the U.S. and around the world must have confidence in 
our food supply. The discovery of the first case of Bovine Spongiform 
Encephalopathy (BSE) in the United States has raised serious concerns 
regarding the effectiveness of current U.S. disease management measures 
as well as closed U.S. beef markets overseas.
  For years there have been efforts to develop a national animal 
identification plan. The National Identification Task Force was created 
in 2002. The task force brought together livestock industry 
representatives with USDA to participate in the development of a 
comprehensive plan known as the United States Animal Identification 
Plan (USAIP). The final development and implementation of this plan is 
needed now to bolster confidence in the U.S. livestock industry.
  In a recent briefing regarding the completion of the investigation 
into the U.S. BSE case, Dr. Ron DeHaven, Chief Veterinary Officer with 
USDA, referring to the unfound cattle from Canada, was quoted as 
saying, ``Many of those animals were moved into the United States a 
number of years ago, and so because of that timeframe some of the paper 
trail has gotten cold.'' A national animal identification plan would 
ensure the trail would not go cold in the future.
  My legislation will direct USDA to focus its resources on 
implementing the USAIP for beef and dairy cattle to ensure a disease 
tracking system is in place in a timely manner. This bill also provides 
financial assistance to aid in the cost of producer compliance.
  In addition, this legislation directs the Food and Drug 
Administration (FDA) to strengthen the enforcement of current livestock 
feed ban laws. This measure will help control disease threats to U.S. 
livestock, provide privacy protection for the information collected and 
used in the plan, and implement an effective plan for tracking animals.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2070

       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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