I 

108TH CONGRESS 

2D SESSION H. R. 4005

To exempt certain animal identification information from disclosure under 

the Freedom of Information Act. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 18, 2004

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

Virginia, and Mr. KANJORSKI) introduced the following bill; which was 

referred to the Committee on Government Reform, and in addition to the 

Committee on Agriculture, 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 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,

3 SECTION 1. EXEMPTION OF CERTAIN ANIMAL IDENTIFICA4 TION INFORMATION FROM DISCLOSURE 

5 UNDER THE FREEDOM OF INFORMATION 

6 ACT. 

7 (a) RELEASE OF ANIMAL IDENTIFICATION NUM8 BERING INFORMATION EXEMPT FROM DISCLOSURE
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1 UNDER FREEDOM OF INFORMATION ACT.—Information 

2 obtained through the livestock identification system is ex3 empt from disclosure under section 552 of title 5, United 

4 States Code. 

5 (b) CHARACTER OF LIVESTOCK IDENTIFICATION

6 SYSTEM INFORMATION.—Except as provided in sub7 sections (c) and (d), information obtained through the 

8 livestock identification system—

9 (1) may not be released; 

10 (2) shall not be considered information in the 

11 public domain; and 

12 (3) shall be considered commercial information 

13 that is privileged and confidential. 

14 (c) LIMITED RELEASE OF INFORMATION AUTHOR15 IZED.—Notwithstanding subsection (b), the Secretary of 

16 Agriculture may release information obtained through the 

17 livestock identification system regarding particular live18 stock if—

19 (1) the information involves livestock threatened 

20 by disease or pest; 

21 (2) the release of the information is related to 

22 actions the Secretary may take under this subtitle; 

23 and 

24 (3) the person obtaining the information needs 

25 the information for reasons consistent with the pub-
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1 lic health and public safety purposes of the livestock 

2 identification system, as determined by the Sec3 retary. 

4 (d) LIMITED RELEASE OF INFORMATION RE5 QUIRED.—Notwithstanding subsection (b), the Secretary 

6 of Agriculture shall release information obtained through 

7 the livestock identification system regarding particular 

8 livestock—

9 (1) to the person who owns or controls the live10 stock, if the person requests such information; 

11 (2) to the Attorney General for the purpose of 

12 law enforcement; 

13 (3) to the Secretary of Homeland Security for 

14 the purpose of national security; 

15 (4) to a court of competent jurisdiction; and 

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

17 release of the information is necessary to trace live18 stock threatened by disease or pest, as determined 

19 by the Secretary. 

20 (e) CONFLICT OF LAW.—If the information disclo21 sure limitations or requirements of this section conflict 

22 with information disclosure limitations or requirements of 

23 a State law—
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1 (1) this section shall take precedence over the 

2 State law, if the conflict involves interstate or inter3 national commerce; and 

4 (2) the State law shall take precedence over this 

5 section, if the conflict involves intrastate commerce 

6 in that State. 

7 (f) LIVESTOCK IDENTIFICATION SYSTEM DE8 FINED.—In this section, the term ‘‘livestock identification 

9 system’’ means any system of identifying livestock devel10 oped by the Secretary of Agriculture.

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