To establish a Livestock Identification Board to create and implement a mandatory national livestock identification system.

Summary: Livestock Identification and Marketing Opportunities Act - Establishes the Livestock Identification Board which shall: (1) establish an electronic livestock identification system (livestock system) that is capable of tracing all U.S. livestock from the time of first movement from its original premise to the time of slaughter in less than 48 hours, and tracking all relevant livestock information (identification number, species, date of birth); (2) maintain a centralized livestock data system; and (3) determine the official livestock system identification technology.

Directs the Secretary of Agriculture to: (1) establish a U.S. premise identification system; and (2) verify that each animal, or group of animals subject to the livestock system, is properly identified upon first entry of the animal into commerce.

Authorizes the owner of an animal or group of animals that is not subject to the livestock livestock system to voluntarily subject such animal, or group of animals, to system tracking.

Exempts information obtained through the livestock or premise systems from Freedom of Information Act disclosure.

States that information obtained through the livestock or premise systems: (1) may not be released; (2) shall not be considered public domain information; and (3) shall be considered privileged and confidential commercial information.

Authorizes the Board to release livestock or premise system information for reasons of public health or disease or pest control. Requires the Board to release livestock or premise system information to: (1) a livestock owner upon request; (2) the Secretary, a state, or a tribal agency for animal disease surveillance; (3) the Attorney General for criminal investigation or prosecution; (4) the Secretary of Homeland Security for national security; (5) the Secretary of Health and Human Services for public health protection; and (6) a foreign government if necessary to trace livestock threatened by disease or pest, as determined by the Secretary.

Defines "livestock" as cattle, swine, sheep, goats, and poultry.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Livestock Identification and 
Marketing Opportunities Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) For purposes of animal health investigation and 
        surveillance, there needs to be an identification system that 
        can trace animals from the time of first movement of the animal 
        from its original premise to the time of slaughter of the 
        animal in less than 48 hours.
            (2) The beef industry estimates that the United States 
        cattle industry lost approximately $3,000,000,000 in export 
        value on beef, beef variety meats, hides, and tallow during the 
        12 months since a December 2003 diagnosis in the United States 
        of bovine spongiform encephalopathy. A livestock identification 
        system may have prevented some of this loss.
            (3) In order to be as efficient as possible, the livestock 
        identification system needs to be automated and electronic with 
        participants using compatible technologies.
            (4) The livestock identification system needs to be 
        flexible enough to adapt to changes in technology and to the 
        demands of the industry and the markets.
            (5) The best technology available should be used for the 
        livestock identification system while still allowing for 
        registration into the system for livestock owners who are 
        economically disadvantaged.
            (6) Confidentiality of information on animal movements, 
        sales, and ownership is necessary to ensure that livestock 
        owners have the confidence to comply with and fully participate 
        in the livestock identification system.
            (7) Besides animal disease surveillance, the livestock 
        identification system should provide a commercial information 
        exchange infrastructure that would allow for enhanced marketing 
        opportunities.

SEC. 3. LIVESTOCK IDENTIFICATION BOARD.

    (a) Establishment.--There is established a board to be known as the 
``Livestock Identification Board''.
    (b) Duties.--The duties of the Board shall be to--
            (1) establish and maintain an electronic livestock 
        identification system that--
                    (A) is capable of tracing all livestock in the 
                United States from the time of first movement of the 
                livestock from its original premise to the time of 
                slaughter of such livestock in less than 48 hours;
                    (B) tracks all relevant information about the 
                livestock, including--
                            (i) the livestock identification number or 
                        the group or lot identification number for the 
                        livestock, as applicable;
                            (ii) the date the livestock identification 
                        number or the group or lot identification 
                        number was assigned;
                            (iii) the premise identification number;
                            (iv) the species of the livestock;
                            (v) the date of birth of the livestock, to 
                        the extent possible;
                            (vi) the sex of the livestock;
                            (vii) any other information the Board 
                        considers appropriate for animal disease 
                        surveillance; and
                            (viii) any other information that the 
                        person who owns or controls the livestock 
                        voluntarily submits to the Board;
            (2) maintain information obtained through the livestock 
        identification system in a centralized data system; and
            (3) determine the official identification technology to be 
        used to track animals under the livestock identification 
        system.
    (c) Powers.--The Board may--
            (1) prescribe and collect fees to recover the costs of the 
        livestock identification system; and
            (2) establish and maintain a grant program to assist 
        persons with fulfilling the requirements of the livestock 
        identification system.
    (d) Membership.--
            (1) Voting members.--The Board shall be composed of 7 
        voting members appointed by the Secretary of Agriculture, in 
        consultation with the Chair and ranking minority member of the 
        relevant congressional committees, of whom--
                    (A) 1 member shall be a representative of cattle 
                owners;
                    (B) 1 member shall be a representative of swine 
                owners;
                    (C) 1 member shall be a representative of sheep and 
                goat owners;
                    (D) 1 member shall be a representative of poultry 
                owners;
                    (E) 1 member shall be a representative of livestock 
                auction market operators;
                    (F) 1 member shall be a representative of meat 
                processors; and
                    (G) 1 member shall be a person actively engaged in 
                the livestock industry.
            (2) Non-voting members.--The Board shall include 2 non-
        voting members appointed by the Secretary, in consultation with 
        the Chair and ranking minority member of the relevant 
        congressional committees, of whom--
                    (A) 1 member shall be a representative of the 
                Department of Agriculture; and
                    (B) 1 member shall be a representative of State or 
                tribal veterinarians or State or tribal agriculture 
                agencies.
            (3) Terms.--
                    (A) In general.--Each member shall be appointed for 
                a term of 3 years, except as provided by subparagraphs 
                (B) and (C).
                    (B) Terms of initial appointees.--As designated by 
                the Secretary at the time of appointment, of the voting 
                members first appointed--
                            (i) the members appointed under 
                        subparagraphs (B), (D), and (E) of paragraph 
                        (1) shall be appointed for a term of 2 years; 
                        and
                            (ii) the members appointed under 
                        subparagraphs (C) and (G) of paragraph (1) 
                        shall be appointed for a term of 1 year.
                    (C) Vacancies.--Any member appointed to fill a 
                vacancy occurring before the expiration of the term for 
                which the member's predecessor was appointed shall be 
                appointed only for the remainder of that term. A member 
                may serve after the expiration of that member's term 
                until a successor has taken office. A vacancy in the 
                Board shall be filled in the manner in which the 
                original appointment was made.
            (4) Chairperson.--The Chairperson of the Board shall be 
        elected by its members.
            (5) Appointment.--The Secretary shall appoint all members 
        of the Board not later than 45 days after the date of the 
        enactment of this Act.
    (e) Meetings.--
            (1) Initial meeting.--Not later than 60 days after the date 
        of the enactment of this Act, the Board shall hold its initial 
        meeting.
            (2) Subsequent meetings.--The Board shall meet at the call 
        of the Chairperson.
    (f) Quorum.--4 voting members of the Board shall constitute a 
quorum.
    (g) Pay.--Members of the Board shall serve without compensation.
    (h) Travel Expenses.--Each member of the Board shall receive travel 
expenses, including per diem in lieu of subsistence, in accordance with 
applicable provisions under subchapter I of chapter 57 of title 5, 
United States Code.
    (i) Staff.--The Board may appoint and fix the pay of personnel as 
the Board considers appropriate.
    (j) Contracts.--The Board may contract with or compensate any 
persons for goods or services.
    (k) Rules and Regulations.--The Board may issue such rules and 
regulations as may be necessary to carry out this Act.
    (l) Implementation.--
            (1) In general.--The Board shall implement the livestock 
        identification system established pursuant to this section not 
        later than December 31, 2008.
            (2) Report.--Not later than one year after the date of the 
        enactment of this Act, and quarterly thereafter until December 
        31, 2010, the Board shall submit to the Secretary of 
        Agriculture and the relevant congressional committees a report 
        on the status of the implementation of the livestock 
        identification system, including--
                    (A) for each species subject to the system, the 
                number of animals or groups of animals tracked by the 
                system; and
                    (B) the percentage of each animal species subject 
                to the livestock identification system that are tracked 
                by the system, which shall be determined by dividing 
                the number submitted under subparagraph (A) for a 
                species by the total number of animals of such species 
                in the United States.

SEC. 4. PREMISE IDENTIFICATIONS.

    Not later than nine months after the date of the enactment of this 
Act, the Secretary of Agriculture shall establish a premise 
identification system for all premises in the United States. The 
premise identification data shall be made available to the Board and 
shall include--
            (1) a premise identification number;
            (2) the name of the entity that owns or controls the 
        premise;
            (3) contact information for the premise, including a 
        person, address, and phone number;
            (4) the type of operation at the premise; and
            (5) the date the premise number was assigned.

SEC. 5. ENFORCEMENT; FIRST ENTRY INTO COMMERCE.

    Subject to section 6(b), the Secretary of Agriculture shall verify 
that each animal, or group of animals, where applicable, subject to the 
livestock identification system established pursuant to section 3 is 
properly identified upon first entry of the animal into commerce. Any 
animal or group of animals that the Secretary determines is not 
properly identified shall be identified using the official 
identification technology before entering commerce.

SEC. 6. VOLUNTARY PARTICIPATION FOR OTHER ANIMAL SPECIES.

    (a) In General.--The owner of an animal or group of animals, where 
applicable, that is not subject to the livestock identification system 
established pursuant to section 3 may voluntarily subject such animal 
or group of animals to tracking by such livestock identification 
system.
    (b) Enforcement Exemption.--The voluntary tracking of such animal 
or group of animals shall not make the animal or group of animals 
subject to the enforcement actions of the Secretary under section 5.

SEC. 7. RELEASE OF LIVESTOCK IDENTIFICATION NUMBERING INFORMATION.

    (a) Freedom of Information Act.--Information obtained through the 
livestock identification system established pursuant to section 3 or 
the premise identification system established pursuant to section 4 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 or the premise 
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 Board may release information obtained through the 
livestock identification system or the premise identification system 
(other than information voluntarily submitted pursuant to section 
3(b)(1)(B)(viii)) regarding particular livestock if--
            (1) a disease or pest poses a significant threat to the 
        livestock that the information involves;
            (2) the release of the information is related to actions 
        the Board may take under this Act; 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 of Agriculture.
    (d) Limited Release of Information Required.--
            (1) In general.--Notwithstanding subsection (b), the Board 
        shall promptly release information obtained through the 
        livestock identification system or the premise identification 
        system (other than information voluntarily submitted pursuant 
        to section 3(b)(1)(B)(viii)) regarding particular livestock--
                    (A) to the person who owns or controls the 
                livestock, if the person requests such information;
                    (B) to the Secretary of Agriculture for the purpose 
                of animal disease surveillance;
                    (C) to a State or tribal veterinarian or a State or 
                tribal agriculture agency for the purpose of animal 
                disease surveillance;
                    (D) to the Attorney General for the purpose of 
                investigation or prosecution of a criminal act;
                    (E) to the Secretary of Homeland Security for the 
                purpose of national security;
                    (F) to the Secretary of Health and Human Services 
                for the purpose of protection of public health; and
                    (G) 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.
            (2) Information voluntarily submitted.--Notwithstanding 
        subsection (b), on the request of a person who owns or controls 
        livestock, the Board shall release information voluntarily 
        submitted to the Board pursuant to section 3(b)(1)(B)(viii) 
        regarding such livestock to such person or to another person.
    (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 and such conflict involves 
interstate or international commerce, this section shall take 
precedence over the State law.

SEC. 8. REPORT ON IMPACT OF LIVESTOCK IDENTIFICATION SYSTEM.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Agriculture shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate, the 
Committee on Agriculture of the House of Representatives, and the 
Committee on Agriculture, Nutrition, and Forestry of the Senate a 
report on a livestock identification system, including--
            (1) the lessons learned and the effectiveness of the animal 
        identification system pilot programs funded in fiscal year 
        2005;
            (2) an analysis of the economic impact of a livestock 
        identification system on the livestock industry; and
            (3) the expected cost of implementing a livestock 
        identification system.

SEC. 9. CONFORMING AMENDMENTS.

    Subsection (f) of section 282 of the Agricultural Marketing Act of 
1946 (7 U.S.C. 1638a) is amended--
            (1) by striking ``Certification of Origin.--'' and all that 
        follows through ``To certify the country of origin'' and 
        inserting ``Certification of Origin; Existing Certification 
        Programs.--To certify the country of origin''; and
            (2) by redesignating subparagraphs (A) through (E) as 
        paragraphs (1) through (5), respectively.

SEC. 10. DEFINITIONS.

    In this Act:
            (1) The term ``Board'' means the Livestock Identification 
        Board established under section 3(a).
            (2) The term ``livestock'' means cattle, swine, sheep, 
        goats, and poultry.
            (3) The term ``premise'' means a location that holds, 
        manages, or boards animals.
            (4) The term ``relevant congressional committees'' means 
        the Committee on Agriculture of the House of Representatives 
        and the Committee on Agriculture, Nutrition, and Forestry of 
        the Senate.
            (5) The term ``Secretary'' means the Secretary of 
        Agriculture.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$33,000,000 for each of fiscal years 2006 through 2008.