I 
109TH CONGRESS 
1ST SESSION H. R. 1256
To amend the Animal Health Protection Act to exempt certain animal identi-
fication information from disclosure under the Freedom of Information 
Act. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 10, 2005
Mr. PETERSON of Minnesota introduced the following bill; which was referred 
to the Committee on Agriculture, and in addition to the Committee on 
Government Reform, 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 exempt cer-
tain 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. 
The Animal Health Protection Act is amended by in-
serting after section 10409 (7 U.S.C. 8308) the following 
new section: 
‘‘SEC. 10409A. EXEMPTION OF CERTAIN ANIMAL IDENTI-
FICATION 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 a 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 a live-
stock 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 a 
livestock identification system regarding particular live-
stock if—
‘‘(1) the information involves livestock threat-
ened 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 
a livestock identification system regarding particular live-
stock—
‘‘(1) to the person who owns or controls the 
livestock, 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 com-
merce 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