I 

109TH CONGRESS 

1ST SESSION H. R. 1256

To amend the Animal Health Protection Act to exempt certain animal identification information from disclosure under the Freedom of Information 

Act. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 10, 2005

Mr. PETERSON of Minnesota introduced the following bill; which was referred 

to the Committee on Agriculture, and in addition to the Committee on 

Government Reform, 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 amend the Animal Health Protection Act to exempt certain animal identification information from disclosure 

under the Freedom of Information Act.

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. EXEMPTION OF CERTAIN ANIMAL IDENTIFICA2 TION INFORMATION FROM DISCLOSURE 

3 UNDER THE FREEDOM OF INFORMATION 

4 ACT. 

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. EXEMPTION OF CERTAIN ANIMAL IDENTI9 FICATION INFORMATION FROM DISCLOSURE 

10 UNDER THE FREEDOM OF INFORMATION 

11 ACT. 

12 ‘‘(a) RELEASE OF ANIMAL IDENTIFICATION NUM13 BERING INFORMATION EXEMPT FROM DISCLOSURE

14 UNDER FREEDOM OF INFORMATION ACT.—Information 

15 obtained through a livestock identification system is ex16 empt from disclosure under section 552 of title 5, United 

17 States Code. 

18 ‘‘(b) CHARACTER OF LIVESTOCK IDENTIFICATION

19 SYSTEM INFORMATION.—Except as provided in sub20 sections (c) and (d), information obtained through a live21 stock identification system—

22 ‘‘(1) may not be released; 

23 ‘‘(2) shall not be considered information in the 

24 public domain; and 

25 ‘‘(3) shall be considered commercial information 

26 that is privileged and confidential. 
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1 ‘‘(c) LIMITED RELEASE OF INFORMATION AUTHOR2 IZED.—Notwithstanding subsection (b), the Secretary of 

3 Agriculture may release information obtained through a 

4 livestock identification system regarding particular live5 stock if—

6 ‘‘(1) the information involves livestock threat7 ened by disease or pest; 

8 ‘‘(2) the release of the information is related to 

9 actions the Secretary may take under this subtitle; 

10 and 

11 ‘‘(3) the person obtaining the information needs 

12 the information for reasons consistent with the pub13 lic health and public safety purposes of the livestock 

14 identification system, as determined by the Sec15 retary. 

16 ‘‘(d) LIMITED RELEASE OF INFORMATION RE17 QUIRED.—Notwithstanding subsection (b), the Secretary 

18 of Agriculture shall release information obtained through 

19 a livestock identification system regarding particular live20 stock—

21 ‘‘(1) to the person who owns or controls the 

22 livestock, if the person requests such information; 

23 ‘‘(2) to the Attorney General for the purpose of 

24 law enforcement; 
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1 ‘‘(3) to the Secretary of Homeland Security for 

2 the purpose of national security; 

3 ‘‘(4) to a court of competent jurisdiction; and 

4 ‘‘(5) to the government of a foreign country, if 

5 release of the information is necessary to trace live6 stock threatened by disease or pest, as determined 

7 by the Secretary. 

8 ‘‘(e) CONFLICT OF LAW.—If the information disclo9 sure limitations or requirements of this section conflict 

10 with information disclosure limitations or requirements of 

11 a State law—

12 ‘‘(1) this section shall take precedence over the 

13 State law, if the conflict involves interstate or inter14 national commerce; and 

15 ‘‘(2) the State law shall take precedence over 

16 this section, if the conflict involves intrastate com17 merce in that State. 

18 ‘‘(f) LIVESTOCK IDENTIFICATION SYSTEM DE19 FINED.—In this section, the term ‘livestock identification 

20 system’ means any system of identifying livestock devel21 oped by the Secretary of Agriculture.’’.

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