I 

109TH CONGRESS 

1ST SESSION H. R. 1254

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 

MARCH 10, 2005

Mr. PETERSON of Minnesota (for himself, Ms. KAPTUR, Mr. ROSS, and Mr. 

FRANK of Massachusetts) 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,

3 SECTION 1. SHORT TITLE. 

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

5 Identification and Records Act’’. 
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1 SEC. 2. NATIONWIDE LIVESTOCK IDENTIFICATION SYSTEM. 

2 The Animal Health Protection Act is amended by in3 serting after section 10409 (7 U.S.C. 8308) the following 

4 new section: 

5 ‘‘SEC. 10409A. NATIONWIDE LIVESTOCK IDENTIFICATION 

6 SYSTEM. 

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

8 after the date of the enactment of the National Farm Ani9 mal Identification and Records Act, the Secretary shall es10 tablish an electronic nationwide livestock identification 

11 system to require the identification of livestock to enhance 

12 the speed and accuracy of the response of the Department 

13 of Agriculture to outbreaks of disease in livestock. Because 

14 livestock diseases are not constrained by State boundaries, 

15 the livestock identification system shall apply to all live16 stock born in the United States or imported and cover the 

17 movement of livestock in both interstate commerce and 

18 intrastate commerce. 

19 ‘‘(b) CAPABILITIES.—The livestock identification sys20 tem shall be capable of tracing, within 48 hours, livestock 

21 from birth to slaughter. 

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

23 shall use the authority provided by section 10411(a) to 

24 cooperate with States to secure information for inclusion 

25 in the livestock identification system. Subject to subsection 
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1 (f), the Secretary shall provide States with access to the 

2 livestock identification system. 

3 ‘‘(d) USE OF EXISTING TECHNOLOGY.—The Sec4 retary may use technology developed by private entities 

5 before the date of the enactment of the National Farm 

6 Animal Identification and Records Act to operate the live7 stock identification system. 

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

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

10 this subsection, the Secretary shall provide financial as11 sistance to producers to assist the producers in complying 

12 with the requirements of the livestock identification sys13 tem. In providing such assistance, the Secretary shall en14 sure that producers with smaller livestock operations are 

15 not placed at a financial disadvantage in complying with 

16 such requirements. 

17 ‘‘(f) RELEASE OF ANIMAL IDENTIFICATION NUM18 BERING INFORMATION.—

19 ‘‘(1) FREEDOM OF INFORMATION ACT.—Infor20 mation obtained through the livestock identification 

21 system is exempt from disclosure under section 552 

22 of title 5, United States Code. 

23 ‘‘(2) CHARACTER OF LIVESTOCK IDENTIFICA24 TION SYSTEM INFORMATION.—Except as provided in 
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1 paragraphs (3) and (4), information obtained 

2 through the livestock identification system—

3 ‘‘(A) may not be released; 

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

5 the public domain; and 

6 ‘‘(C) shall be considered commercial infor7 mation that is privileged and confidential. 

8 ‘‘(3) LIMITED RELEASE OF INFORMATION AU9 THORIZED.—Notwithstanding paragraph (2), the 

10 Secretary may release information obtained through 

11 the livestock identification system regarding par12 ticular livestock if—

13 ‘‘(A) the information involves livestock 

14 threatened by disease or pest; 

15 ‘‘(B) the release of the information is re16 lated to actions the Secretary may take under 

17 this subtitle; and 

18 ‘‘(C) the person obtaining the information 

19 needs the information for reasons consistent 

20 with the public health and public safety pur21 poses of the livestock identification system, as 

22 determined by the Secretary. 

23 ‘‘(4) LIMITED RELEASE OF INFORMATION RE24 QUIRED.—Notwithstanding paragraph (2), the Sec25 retary shall release information obtained through the 
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1 livestock identification system regarding particular 

2 livestock—

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

4 the livestock, if the person requests such infor5 mation; 

6 ‘‘(B) to the Attorney General for the pur7 pose of law enforcement; 

8 ‘‘(C) to the Secretary of Homeland Secu9 rity for the purpose of national security; 

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

11 and 

12 ‘‘(E) to the government of a foreign coun13 try, if release of the information is necessary to 

14 trace livestock threatened by disease or pest, as 

15 determined by the Secretary. 

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

17 disclosure limitations or requirements of this sub18 section conflict with information disclosure limita19 tions or requirements of a State law—

20 ‘‘(A) this subsection shall take precedence 

21 over the State law, if the conflict involves inter22 state or international commerce; and 

23 ‘‘(B) the State law shall take precedence 

24 over this subsection, if the conflict involves 

25 intrastate commerce in that State. 
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1 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to the Secretary 

3 $175,000,000 to carry out this section.’’. 

4 SEC. 3. REVIEW OF DEPARTMENT OF AGRICULTURE RE5 SPONSES TO OUTBREAKS OF DISEASE IN 

6 LIVESTOCK. 

7 Section 10411 of the Animal Health Protection Act 

8 (7 U.S.C. 8310) is amended by adding at the end the fol9 lowing new subsection: 

10 ‘‘(f) REVIEW OF RESPONSES TO OUTBREAKS OF DIS11 EASE.—The Secretary may appoint an international panel 

12 of scientific experts to provide an objective review of a re13 sponse by the Department of Agriculture to an outbreak 

14 of disease in livestock and to identify areas for improve15 ments in such responses.’’.

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