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 with-
in the jurisdiction of the committee concerned 
A BILL 
To exempt certain animal identification information from 
disclosure under the Freedom of Information Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. EXEMPTION OF CERTAIN ANIMAL IDENTIFICA-
TION 
INFORMATION 
FROM 
DISCLOSURE 
UNDER THE FREEDOM OF INFORMATION 
ACT. 
(a) RELEASE
OF ANIMAL IDENTIFICATION NUM-
BERING
INFORMATION
EXEMPT
FROM
DISCLOSURE
UNDER FREEDOM OF INFORMATION ACT.—Information 
obtained through the livestock identification system is ex-
empt from disclosure under section 552 of title 5, United 
States Code. 
(b) CHARACTER
OF LIVESTOCK IDENTIFICATION 
SYSTEM INFORMATION.—Except as provided in sub-
sections (c) and (d), information obtained through the 
livestock identification system—
(1) may not be released; 
(2) shall not be considered information in the 
public domain; and 
(3) shall be considered commercial information 
that is privileged and confidential. 
(c) LIMITED RELEASE OF INFORMATION AUTHOR-
IZED.—Notwithstanding subsection (b), the Secretary of 
Agriculture may release information obtained through the 
livestock identification system regarding particular live-
stock if—
(1) the information involves livestock threatened 
by disease or pest; 
(2) the release of the information is related to 
actions the Secretary may take under this subtitle; 
and 
(3) the person obtaining the information needs 
the information for reasons consistent with the pub-
lic health and public safety purposes of the livestock 
identification system, as determined by the Sec-
retary. 
(d) LIMITED
RELEASE
OF
INFORMATION
RE-
QUIRED.—Notwithstanding subsection (b), the Secretary 
of Agriculture shall release information obtained through 
the livestock identification system regarding particular 
livestock—
(1) to the person who owns or controls the live-
stock, if the person requests such information; 
(2) to the Attorney General for the purpose of 
law enforcement; 
(3) to the Secretary of Homeland Security for 
the purpose of national security; 
(4) to a court of competent jurisdiction; and 
(5) to the government of a foreign country, if 
release of the information is necessary to trace live-
stock threatened by disease or pest, as determined 
by the Secretary. 
(e) CONFLICT OF LAW.—If the information disclo-
sure limitations or requirements of this section conflict 
with information disclosure limitations or requirements of 
a State law—
(1) this section shall take precedence over the 
State law, if the conflict involves interstate or inter-
national commerce; and 
(2) the State law shall take precedence over this 
section, if the conflict involves intrastate commerce 
in that State. 
(f) 
LIVESTOCK
IDENTIFICATION
SYSTEM
DE-
FINED.—In this section, the term ‘‘livestock identification 
system’’ means any system of identifying livestock devel-
oped by the Secretary of Agriculture.
Æ