II 

109TH CONGRESS 

2D SESSION S. 3862 

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

Agriculture from implementing or carrying out a National Animal Identification System or similar requirement, to prohibit the use of Federal 

funds to carry out such a requirement, and to require the Secretary 

to protect information obtained as part of any voluntary animal identification system. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 7 (legislative day, SEPTEMBER 6), 2006 

Mr. TALENT 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 prohibit 

the Secretary of Agriculture from implementing or carrying out a National Animal Identification System or 

similar requirement, to prohibit the use of Federal funds 

to carry out such a requirement, and to require the 

Secretary to protect information obtained as part of any 

voluntary animal identification system. 

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. PROHIBITION ON MANDATORY ANIMAL IDENTI2 FICATION PROGRAM. 

3 Section 10409 of the Animal Health Protection Act 

4 (7 U.S.C. 8308) is amended by adding at the end the fol5 lowing: 

6 ‘‘(c) PROHIBITION ON MANDATORY ANIMAL IDENTI7 FICATION PROGRAM.—Notwithstanding any other provi8 sion of law, the Secretary shall not implement or carry 

9 out, and no Federal funds shall be used to implement or 

10 carry out, a National Animal Identification System, or 

11 similar requirement, that mandates the participation of 

12 livestock owners.’’. 

13 SEC. 2. PROTECTION OF INFORMATION IN A VOLUNTARY 

14 ANIMAL IDENTIFICATION SYSTEM. 

15 Section 10409 of the Animal Health Protection Act 

16 (7 U.S.C. 8308) (as amended by section 1) is amended 

17 by adding at the end the following: 

18 ‘‘(d) PROTECTION OF INFORMATION IN A VOL19 UNTARY ANIMAL IDENTIFICATION SYSTEM.— 

20 ‘‘(1) DEFINITION OF ANIMAL IDENTIFICATION

21 SYSTEM.—In this subsection, the term ‘animal iden22 tification system’ means a voluntary system for iden23 tifying or tracing animals that is established by the 

24 Secretary. 

25 ‘‘(2) PROTECTION FROM DISCLOSURE.— 


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1 ‘‘(A) IN GENERAL.—Information obtained 

2 through the animal identification system shall 

3 not be disclosed except as provided in this sub4 section. 

5 ‘‘(B) WAIVER OF PRIVILEGE OR PROTEC6 TION.—The provision of information to the ani7 mal identification system and the disclosure of 

8 information in accordance with this subsection 

9 shall not constitute a waiver of any applicable 

10 privilege or protection under Federal law, in11 cluding trade secret protection. 

12 ‘‘(3) LIMITED RELEASE OF INFORMATION.— 

13 The Secretary may disclose information obtained 

14 through the animal identification system if— 

15 ‘‘(A) the Secretary determines that live16 stock may be threatened by a disease or pest; 

17 ‘‘(B) the release of the information is re18 lated to actions the Secretary is authorized to 

19 take under this subtitle; and 

20 ‘‘(C) the Secretary determines that the dis21 closure of the information to a government enti22 ty or person is necessary to assist the Secretary 

23 in carrying out the purposes of— 

24 ‘‘(i) this subtitle; and 

25 ‘‘(ii) the animal identification system. 


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1 ‘‘(4) MANDATORY DISCLOSURE OF INFORMA2 TION.—The Secretary shall disclose information ob3 tained through the animal identification system re4 garding particular animals to— 

5 ‘‘(A) the person who owns or controls the 

6 animals, if the person requests the information 

7 in writing; 

8 ‘‘(B) the Attorney General for the purpose 

9 of law enforcement; 

10 ‘‘(C) the Secretary of Homeland Security 

11 for the purpose of homeland security; 

12 ‘‘(D) the Secretary of Health and Human 

13 Services for the purpose of protecting the public 

14 health; 

15 ‘‘(E) an entity pursuant to an order of a 

16 court of competent jurisdiction; and 

17 ‘‘(F) the government of a foreign country 

18 if disclosure of the information is necessary to 

19 trace animals that pose a disease or pest threat 

20 to livestock or a danger to human health, as de21 termined by the Secretary. 

22 ‘‘(5) PROHIBITION ON DISCLOSURE UNDER

23 STATE OR LOCAL LAW.—Any information relating to 

24 animal identification that a State or local govern25 ment obtains from the Secretary shall not be made 


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1 available by the State or local government pursuant 

2 to State or local law requiring disclosure of informa3 tion or records to the public.’’. 

Æ 


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