I 

108TH CONGRESS 

2D SESSION H. R. 3961

To amend the Animal Health Protection Act to direct the Secretary of 

Agriculture to implement the United States Animal Identification Plan 

developed by the National Animal Identification Development Team, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2004

Mr. OSBORNE (for himself and Mr. BOSWELL) introduced the following bill; 

which was referred to the Committee on Agriculture, and in addition to 

the Committee on Energy and Commerce, 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 direct the 

Secretary of Agriculture to implement the United States 

Animal Identification Plan developed by the National 

Animal Identification Development Team, 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’’. 
2

•HR 3961 IH 

1 SEC. 2. ANIMAL IDENTIFICATION PLAN. 

2 Section 10411 of the Animal Health Protection Act 

3 (7 U.S.C. 8310) is amended by adding at the end the fol4 lowing: 

5 ‘‘(f) ANIMAL IDENTIFICATION PLAN.—

6 ‘‘(1) DEFINITION OF ANIMAL IDENTIFICATION

7 PLAN.—

8 ‘‘(A) IN GENERAL.—The term ‘animal 

9 identification plan’ means the United States 

10 Animal Identification Plan developed by the 

11 National Animal Identification Development 

12 Team. 

13 ‘‘(B) INCLUSIONS.—The term ‘animal 

14 identification plan’ includes—

15 ‘‘(i) the operational premises identi16 fication allocation system; 

17 ‘‘(ii) the operational certification sys18 tem able to certify State premises and ani19 mal number allocation systems; 

20 ‘‘(iii) the operational premises reposi21 tory; and 

22 ‘‘(iv) the operational identification 

23 database. 

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

25 the availability of appropriations and cost-share 
3

•HR 3961 IH 

1 agreements, the Secretary shall implement the ani2 mal identification plan—

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

4 least 30 months old on the date of enactment 

5 of this subsection, not later than 60 days after 

6 the date of enactment of this subsection; 

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

8 later than 90 days after the date of the enact9 ment of this subsection; 

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

11 later than 180 days after the date of enactment 

12 of this subsection; and 

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

14 1 year after the date of enactment of this sub15 section. 

16 ‘‘(3) PARTICIPATION BY STATE AND THIRD17 PARTY VENDORS.—The Secretary may enter into 

18 agreements to collect information for the animal 

19 identification plan with States or third-party vendors 

20 that meet the requirements of the animal identifica21 tion plan. 

22 ‘‘(4) CONFIDENTIALITY OF INFORMATION.—

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

24 animal identification plan, the Secretary shall 

25 ensure the privacy of producers by—
4

•HR 3961 IH 

1 ‘‘(i) collecting only data necessary to 

2 establish and maintain the animal identi3 fication plan; and 

4 ‘‘(ii) maintaining the confidentiality of 

5 information collected from producers. 

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

7 552 of title 5, United States Code, shall not 

8 apply to the animal identification plan. 

9 ‘‘(C) APPLICATION OF PRIVACY ACT.—Sec10 tion 552a of title 5, United States Code, shall 

11 apply to any information collected to implement 

12 this subsection. 

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

14 may provide financial assistance to producers to as15 sist the producers in complying with the animal 

16 identification plan. 

17 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—

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

19 be appropriated to carry out this subsection 

20 $50,000,000 for fiscal year 2004, of which at 

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

22 paragraph (5). 

23 ‘‘(B) USE OF COMMODITY CREDIT COR24 PORATION FUNDS.—Subject to subparagraph 

25 (C), if less than $50,000,000 is appropriated 
5

•HR 3961 IH 

1 for fiscal year 2004, the Secretary may use up 

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

3 Credit Corporation to carry out this subsection. 

4 ‘‘(C) LIMITATION ON AMOUNT OF

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

6 used to carry out this subsection.’’. 

7 SEC. 3. RUMINANT FEED BAN. 

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

9 Human Services, acting through the Commissioner of 

10 Food and Drugs, shall—

11 (1) monitor the implementation of section 

12 589.2000 of title 21, Code of Federal Regulations 

13 (relating to animal proteins prohibited in ruminant 

14 feed); 

15 (2) conduct an annual formal evaluation of the 

16 effectiveness and implementation of that section; and 

17 (3) submit to Congress an annual report that 

18 describes the formal evaluation. 

19 (b) ENFORCEMENT PLAN.—

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

21 and implement a plan for enforcing section 

22 589.2000 of title 21, Code of Federal Regulations. 

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

24 (A) a hierarchy of enforcement actions to 

25 be taken; 
6

•HR 3961 IH 

1 (B) a timeframe to allow a person subject 

2 to section 589.2000 of title 21, Code of Federal 

3 Regulations, to correct violations; and 

4 (C) a timeframe for subsequent inspections 

5 to confirm that violations have been corrected.

Æ