I 
108TH CONGRESS 
2D SESSION 
H. R. 3787
To amend the Animal Health Protection Act to require the establishment 
of an electronic nationwide livestock identification system, to prevent 
the unauthorized release of information collected under the system, to 
promote an objective review of Department of Agriculture responses 
to livestock disease outbreaks, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 10, 2004
Mr. PETERSON of Minnesota (for himself, Mr. WALSH, Mr. TOM DAVIS of 
Virginia, Ms. KAPTUR, Mr. KANJORSKI, Mr. ROSS, Mr. MCHUGH, Mr. 
REHBERG, Mr. FRANK of Massachusetts, Mr. DAVIS of Tennessee, and 
Mr. SABO) introduced the following bill; which was referred to the Com-
mittee on Agriculture 
A BILL 
To amend the Animal Health Protection Act to require the 
establishment of an electronic nationwide livestock identi-
fication system, to prevent the unauthorized release of 
information collected under the system, to promote an 
objective review of Department of Agriculture responses 
to livestock disease outbreaks, 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 ‘‘National Farm Animal 
Identification and Records Act’’. 
SEC. 2. NATIONWIDE LIVESTOCK IDENTIFICATION SYSTEM. 
The Animal Health Protection Act is amended by in-
serting after section 10409 (7 U.S.C. 8308) the following 
new section: 
‘‘SEC. 10409A. NATIONWIDE LIVESTOCK IDENTIFICATION 
SYSTEM. 
‘‘(a) SYSTEM REQUIRED.—Not later than 90 days 
after the date of the enactment of the National Farm Ani-
mal Identification and Records Act, the Secretary shall es-
tablish an electronic nationwide livestock identification 
system to require the identification of livestock to enhance 
the speed and accuracy of the response of the Department 
of Agriculture to outbreaks of disease in livestock. Because 
livestock diseases are not constrained by State boundaries, 
the livestock identification system shall apply to all live-
stock born in the United States or imported and cover the 
movement of livestock in both interstate commerce and 
intrastate commerce. 
‘‘(b) CAPABILITIES.—The livestock identification sys-
tem shall be capable of tracing, within 48 hours, livestock 
from birth to slaughter. 
‘‘(c) PARTICIPATION
BY STATES.—The Secretary 
shall use the authority provided by section 10411(a) to
cooperate with States to secure information for inclusion 
in the livestock identification system. Subject to subsection 
(f), the Secretary shall provide States with access to the 
livestock identification system. 
‘‘(d) USE
OF EXISTING TECHNOLOGY.—The Sec-
retary may use technology developed by private entities 
before the date of the enactment of the National Farm 
Animal Identification and Records Act to operate the live-
stock identification system. 
‘‘(e) FINANCIAL ASSISTANCE.—To the extent funds 
are made available pursuant to subsection (g) to carry out 
this subsection, the Secretary shall provide financial as-
sistance to producers to assist the producers in complying 
with the requirements of the livestock identification sys-
tem. In providing such assistance, the Secretary shall en-
sure that producers with smaller livestock operations are 
not placed at a financial disadvantage in complying with 
such requirements. 
‘‘(f) RELEASE OF ANIMAL IDENTIFICATION NUM-
BERING INFORMATION.—
‘‘(1) FREEDOM OF INFORMATION ACT.—Infor-
mation obtained through the livestock identification 
system is exempt from disclosure under section 552 
of title 5, United States Code.
‘‘(2) CHARACTER OF LIVESTOCK IDENTIFICA-
TION SYSTEM INFORMATION.—Except as provided in 
paragraphs (3) and (4), information obtained 
through the livestock identification system—
‘‘(A) may not be released; 
‘‘(B) shall not be considered information in 
the public domain; and 
‘‘(C) shall be considered commercial infor-
mation that is privileged and confidential. 
‘‘(3) LIMITED RELEASE OF INFORMATION AU-
THORIZED.—Notwithstanding paragraph (2), the 
Secretary may release information obtained through 
the livestock identification system regarding par-
ticular livestock if—
‘‘(A) the information involves livestock 
threatened by disease or pest; 
‘‘(B) the release of the information is re-
lated to actions the Secretary may take under 
this subtitle; and 
‘‘(C) the person obtaining the information 
needs the information for reasons consistent 
with the public health and public safety pur-
poses of the livestock identification system, as 
determined by the Secretary.
‘‘(4) LIMITED RELEASE OF INFORMATION RE-
QUIRED.—Notwithstanding paragraph (2), the Sec-
retary shall release information obtained through the 
livestock identification system regarding particular 
livestock—
‘‘(A) to the person who owns or controls 
the livestock, if the person requests such infor-
mation; 
‘‘(B) to the Attorney General for the pur-
pose of law enforcement; 
‘‘(C) to the Secretary of Homeland Secu-
rity for the purpose of national security; 
‘‘(D) to a court of competent jurisdiction; 
and 
‘‘(E) to the government of a foreign coun-
try, if release of the information is necessary to 
trace livestock threatened by disease or pest, as 
determined by the Secretary. 
‘‘(5) CONFLICT
OF
LAW.—If the information 
disclosure limitations or requirements of this sub-
section conflict with information disclosure limita-
tions or requirements of a State law—
‘‘(A) this subsection shall take precedence 
over the State law, if the conflict involves inter-
state or international commerce; and