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 provi-
sions 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘United States Animal 
Identification Plan Implementation Act’’.
SEC. 2. ANIMAL IDENTIFICATION PLAN. 
Section 10411 of the Animal Health Protection Act 
(7 U.S.C. 8310) is amended by adding at the end the fol-
lowing: 
‘‘(f) ANIMAL IDENTIFICATION PLAN.—
‘‘(1) DEFINITION OF ANIMAL IDENTIFICATION 
PLAN.—
‘‘(A) IN
GENERAL.—The term ‘animal 
identification plan’ means the United States 
Animal Identification Plan developed by the 
National Animal Identification Development 
Team. 
‘‘(B) 
INCLUSIONS.—The 
term 
‘animal 
identification plan’ includes—
‘‘(i) the operational premises identi-
fication allocation system; 
‘‘(ii) the operational certification sys-
tem able to certify State premises and ani-
mal number allocation systems; 
‘‘(iii) the operational premises reposi-
tory; and 
‘‘(iv) the operational identification 
database. 
‘‘(2) IMPLEMENTATION PRIORITY.—Subject to 
the availability of appropriations and cost-share
agreements, the Secretary shall implement the ani-
mal identification plan—
‘‘(A) for beef and dairy cattle that are at 
least 30 months old on the date of enactment 
of this subsection, not later than 60 days after 
the date of enactment of this subsection; 
‘‘(B) for all other beef and dairy cattle, not 
later than 90 days after the date of the enact-
ment of this subsection; 
‘‘(C) for all other ruminate livestock, not 
later than 180 days after the date of enactment 
of this subsection; and 
‘‘(D) for all other livestock, not later than 
1 year after the date of enactment of this sub-
section. 
‘‘(3) PARTICIPATION
BY
STATE
AND
THIRD-
PARTY
VENDORS.—The Secretary may enter into 
agreements to collect information for the animal 
identification plan with States or third-party vendors 
that meet the requirements of the animal identifica-
tion plan. 
‘‘(4) CONFIDENTIALITY OF INFORMATION.—
‘‘(A) IN GENERAL.—In implementing the 
animal identification plan, the Secretary shall 
ensure the privacy of producers by—
‘‘(i) collecting only data necessary to 
establish and maintain the animal identi-
fication plan; and 
‘‘(ii) maintaining the confidentiality of 
information collected from producers. 
‘‘(B) NONAPPLICATION OF FOIA.—Section 
552 of title 5, United States Code, shall not 
apply to the animal identification plan. 
‘‘(C) APPLICATION OF PRIVACY ACT.—Sec-
tion 552a of title 5, United States Code, shall 
apply to any information collected to implement 
this subsection. 
‘‘(5) FINANCIAL
ASSISTANCE.—The Secretary 
may provide financial assistance to producers to as-
sist the producers in complying with the animal 
identification plan. 
‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(A) IN GENERAL.—There is authorized to 
be appropriated to carry out this subsection 
$50,000,000 for fiscal year 2004, of which at 
least $25,000,000 shall be available to carry out 
paragraph (5). 
‘‘(B) USE
OF
COMMODITY
CREDIT
COR-
PORATION
FUNDS.—Subject to subparagraph 
(C), if less than $50,000,000 is appropriated
for fiscal year 2004, the Secretary may use up 
to $50,000,000 of the funds of the Commodity 
Credit Corporation to carry out this subsection. 
‘‘(C) 
LIMITATION
ON
AMOUNT
OF 
FUNDS.—No more than $50,000,000 may be 
used to carry out this subsection.’’. 
SEC. 3. RUMINANT FEED BAN. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services, acting through the Commissioner of 
Food and Drugs, shall—
(1) monitor the implementation of section 
589.2000 of title 21, Code of Federal Regulations 
(relating to animal proteins prohibited in ruminant 
feed); 
(2) conduct an annual formal evaluation of the 
effectiveness and implementation of that section; and 
(3) submit to Congress an annual report that 
describes the formal evaluation. 
(b) ENFORCEMENT PLAN.—
(1) IN GENERAL.—The Secretary shall develop 
and implement a plan for enforcing section 
589.2000 of title 21, Code of Federal Regulations. 
(2) INCLUSIONS.—The plan shall include—
(A) a hierarchy of enforcement actions to 
be taken;
(B) a timeframe to allow a person subject 
to section 589.2000 of title 21, Code of Federal 
Regulations, to correct violations; and 
(C) a timeframe for subsequent inspections 
to confirm that violations have been corrected.
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