II 

108TH CONGRESS 

2D SESSION S. 2070

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. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 12, 2004

Mr. HAGEL introduced the following bill; which was read twice and referred 

to the Committee on Agriculture, Nutrition, and Forestry 

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.

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 ‘‘United States Animal 

5 Identification Plan Implementation Act’’. 

6 SEC. 2. ANIMAL IDENTIFICATION PLAN. 

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: 
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1 ‘‘(f) ANIMAL IDENTIFICATION PLAN.— 

2 ‘‘(1) DEFINITION OF ANIMAL IDENTIFICATION

3 PLAN.— 

4 ‘‘(A) IN GENERAL.—The term ‘animal 

5 identification plan’ means the United States 

6 Animal Identification Plan developed by the 

7 National Animal Identification Development 

8 Team. 

9 ‘‘(B) INCLUSIONS.—The term ‘animal 

10 identification plan’ includes— 

11 ‘‘(i) the operational premises identi12 fication allocation system; 

13 ‘‘(ii) the operational certification sys14 tem able to certify State premises and ani15 mal number allocation systems; 

16 ‘‘(iii) the operational premises reposi17 tory; and 

18 ‘‘(iv) the operational identification 

19 database. 

20 ‘‘(2) IMPLEMENTATION PRIORITY.—Subject to 

21 the availability of appropriations and cost-share 

22 agreements, the Secretary shall implement the ani23 mal identification plan— 

24 ‘‘(A) for beef and dairy cattle that are at 

25 least 30 months old on the date of enactment 
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1 of this subsection, not later than 60 days after 

2 the date of enactment of this subsection; 

3 ‘‘(B) for all other beef and dairy cattle, not 

4 later than 90 days after the date of the enact5 ment of this subsection; 

6 ‘‘(C) for all other ruminate livestock, not 

7 later than 180 days after the date of enactment 

8 of this subsection; and 

9 ‘‘(D) for all other livestock, not later than 

10 1 year after the date of enactment of this sub11 section. 

12 ‘‘(3) PARTICIPATION BY STATE AND THIRD13 PARTY VENDORS.—The Secretary may enter into 

14 agreements to collect information for the animal 

15 identification plan with States or third-party vendors 

16 that meet the requirements of the animal identifica17 tion plan. 

18 ‘‘(4) CONFIDENTIALITY OF INFORMATION.— 

19 ‘‘(A) IN GENERAL.—In implementing the 

20 animal identification plan, the Secretary shall 

21 ensure the privacy of producers by— 

22 ‘‘(i) collecting only data necessary to 

23 establish and maintain the animal identi24 fication plan; and 
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1 ‘‘(ii) maintaining the confidentiality of 

2 information collected from producers. 

3 ‘‘(B) NONAPPLICATION OF FOIA.—Section 

4 552 of title 5, United States Code, shall not 

5 apply to the animal identification plan. 

6 ‘‘(C) APPLICATION OF PRIVACY ACT.—Sec7 tion 552a of title 5, United States Code, shall 

8 apply to any information collected to implement 

9 this subsection. 

10 ‘‘(5) FINANCIAL ASSISTANCE.—The Secretary 

11 may provide financial assistance to producers to as12 sist the producers in complying with the animal 

13 identification plan. 

14 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

15 ‘‘(A) IN GENERAL.—There is authorized to 

16 be appropriated to carry out this subsection 

17 $50,000,000 for fiscal year 2004, of which at 

18 least $25,000,000 shall be available to carry out 

19 paragraph (5). 

20 ‘‘(B) USE OF COMMODITY CREDIT COR21 PORATION FUNDS.—Subject to subparagraph 

22 (C), if less than $50,000,000 is appropriated 

23 for fiscal year 2004, the Secretary may use up 

24 to $50,000,000 of the funds of the Commodity 

25 Credit Corporation to carry out this subsection. 
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1 ‘‘(C) LIMITATION ON AMOUNT OF

2 FUNDS.—No more than $50,000,000 may be 

3 used to carry out this subsection.’’. 

4 SEC. 3. RUMINANT FEED BAN. 

5 (a) IN GENERAL.—The Secretary of Health and 

6 Human Services, acting through the Commissioner of 

7 Food and Drugs, shall— 

8 (1) monitor the implementation of section 

9 589.2000 of title 21, Code of Federal Regulations 

10 (relating to animal proteins prohibited in ruminant 

11 feed); 

12 (2) conduct an annual formal evaluation of the 

13 effectiveness and implementation of that section; and 

14 (3) submit to Congress an annual report that 

15 describes the formal evaluation. 

16 (b) ENFORCEMENT PLAN.— 

17 (1) IN GENERAL.—The Secretary shall develop 

18 and implement a plan for enforcing section 

19 589.2000 of title 21, Code of Federal Regulations. 

20 (2) INCLUSIONS.—The plan shall include— 

21 (A) a hierarchy of enforcement actions to 

22 be taken; 

23 (B) a timeframe to allow a person subject 

24 to section 589.2000 of title 21, Code of Federal 

25 Regulations, to correct violations; and 
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1 (C) a timeframe for subsequent inspections 

2 to confirm that violations have been corrected.

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