I 

108TH CONGRESS 

2D SESSION H. R. 3787

To amend the Animal Health Protection Act to require the establishment 

of an electronic nationwide livestock identification system, to prevent 

the unauthorized release of information collected under the system, to 

promote an objective review of Department of Agriculture responses 

to livestock disease outbreaks, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 10, 2004

Mr. PETERSON of Minnesota (for himself, Mr. WALSH, Mr. TOM DAVIS of 

Virginia, Ms. KAPTUR, Mr. KANJORSKI, Mr. ROSS, Mr. MCHUGH, Mr. 

REHBERG, Mr. FRANK of Massachusetts, Mr. DAVIS of Tennessee, and 

Mr. SABO) introduced the following bill; which was referred to the Committee on Agriculture 

A BILL

To amend the Animal Health Protection Act to require the 

establishment of an electronic nationwide livestock identification system, to prevent the unauthorized release of 

information collected under the system, to promote an 

objective review of Department of Agriculture responses 

to livestock disease outbreaks, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘National Farm Animal 

3 Identification and Records Act’’. 

4 SEC. 2. NATIONWIDE LIVESTOCK IDENTIFICATION SYSTEM. 

5 The Animal Health Protection Act is amended by in6 serting after section 10409 (7 U.S.C. 8308) the following 

7 new section: 

8 ‘‘SEC. 10409A. NATIONWIDE LIVESTOCK IDENTIFICATION 

9 SYSTEM. 

10 ‘‘(a) SYSTEM REQUIRED.—Not later than 90 days 

11 after the date of the enactment of the National Farm Ani12 mal Identification and Records Act, the Secretary shall es13 tablish an electronic nationwide livestock identification 

14 system to require the identification of livestock to enhance 

15 the speed and accuracy of the response of the Department 

16 of Agriculture to outbreaks of disease in livestock. Because 

17 livestock diseases are not constrained by State boundaries, 

18 the livestock identification system shall apply to all live19 stock born in the United States or imported and cover the 

20 movement of livestock in both interstate commerce and 

21 intrastate commerce. 

22 ‘‘(b) CAPABILITIES.—The livestock identification sys23 tem shall be capable of tracing, within 48 hours, livestock 

24 from birth to slaughter. 

25 ‘‘(c) PARTICIPATION BY STATES.—The Secretary 

26 shall use the authority provided by section 10411(a) to 
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1 cooperate with States to secure information for inclusion 

2 in the livestock identification system. Subject to subsection 

3 (f), the Secretary shall provide States with access to the 

4 livestock identification system. 

5 ‘‘(d) USE OF EXISTING TECHNOLOGY.—The Sec6 retary may use technology developed by private entities 

7 before the date of the enactment of the National Farm 

8 Animal Identification and Records Act to operate the live9 stock identification system. 

10 ‘‘(e) FINANCIAL ASSISTANCE.—To the extent funds 

11 are made available pursuant to subsection (g) to carry out 

12 this subsection, the Secretary shall provide financial as13 sistance to producers to assist the producers in complying 

14 with the requirements of the livestock identification sys15 tem. In providing such assistance, the Secretary shall en16 sure that producers with smaller livestock operations are 

17 not placed at a financial disadvantage in complying with 

18 such requirements. 

19 ‘‘(f) RELEASE OF ANIMAL IDENTIFICATION NUM20 BERING INFORMATION.—

21 ‘‘(1) FREEDOM OF INFORMATION ACT.—Infor22 mation obtained through the livestock identification 

23 system is exempt from disclosure under section 552 

24 of title 5, United States Code. 
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1 ‘‘(2) CHARACTER OF LIVESTOCK IDENTIFICA2 TION SYSTEM INFORMATION.—Except as provided in 

3 paragraphs (3) and (4), information obtained 

4 through the livestock identification system—

5 ‘‘(A) may not be released; 

6 ‘‘(B) shall not be considered information in 

7 the public domain; and 

8 ‘‘(C) shall be considered commercial infor9 mation that is privileged and confidential. 

10 ‘‘(3) LIMITED RELEASE OF INFORMATION AU11 THORIZED.—Notwithstanding paragraph (2), the 

12 Secretary may release information obtained through 

13 the livestock identification system regarding par14 ticular livestock if—

15 ‘‘(A) the information involves livestock 

16 threatened by disease or pest; 

17 ‘‘(B) the release of the information is re18 lated to actions the Secretary may take under 

19 this subtitle; and 

20 ‘‘(C) the person obtaining the information 

21 needs the information for reasons consistent 

22 with the public health and public safety pur23 poses of the livestock identification system, as 

24 determined by the Secretary. 
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1 ‘‘(4) LIMITED RELEASE OF INFORMATION RE2 QUIRED.—Notwithstanding paragraph (2), the Sec3 retary shall release information obtained through the 

4 livestock identification system regarding particular 

5 livestock—

6 ‘‘(A) to the person who owns or controls 

7 the livestock, if the person requests such infor8 mation; 

9 ‘‘(B) to the Attorney General for the pur10 pose of law enforcement; 

11 ‘‘(C) to the Secretary of Homeland Secu12 rity for the purpose of national security; 

13 ‘‘(D) to a court of competent jurisdiction; 

14 and 

15 ‘‘(E) to the government of a foreign coun16 try, if release of the information is necessary to 

17 trace livestock threatened by disease or pest, as 

18 determined by the Secretary. 

19 ‘‘(5) CONFLICT OF LAW.—If the information 

20 disclosure limitations or requirements of this sub21 section conflict with information disclosure limita22 tions or requirements of a State law—

23 ‘‘(A) this subsection shall take precedence 

24 over the State law, if the conflict involves inter25 state or international commerce; and 
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1 ‘‘(B) the State law shall take precedence 

2 over this subsection, if the conflict involves 

3 intrastate commerce in that State. 

4 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

5 is authorized to be appropriated to the Secretary 

6 $175,000,000 to carry out this section.’’. 

7 SEC. 3. REVIEW OF DEPARTMENT OF AGRICULTURE RE8 SPONSES TO OUTBREAKS OF DISEASE IN 

9 LIVESTOCK. 

10 Section 10411 of the Animal Health Protection Act 

11 (7 U.S.C. 8310) is amended by adding at the end the fol12 lowing new subsection: 

13 ‘‘(f) REVIEW OF RESPONSES TO OUTBREAKS OF DIS14 EASE.—The Secretary may appoint an international panel 

15 of scientific experts to provide an objective review of a re16 sponse by the Department of Agriculture to an outbreak 

17 of disease in livestock and to identify areas for improve18 ments in such responses.’’.

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