I 
109TH CONGRESS 
1ST SESSION H. R. 3170 
To establish a Livestock Identification Board to create and implement a 
mandatory national livestock identification system. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 30, 2005 
Mr. KING of Iowa introduced the following bill; which was referred to the 
Committee on Agriculture 
A BILL 
To establish a Livestock Identification Board to create and 
implement a mandatory national livestock identification 
system. 
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 ‘‘Livestock Identifica-
tion and Marketing Opportunities Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) For purposes of animal health investigation 
and surveillance, there needs to be an identification 
system that can trace animals from the time of first
movement of the animal from its original premise to 
the time of slaughter of the animal in less than 48 
hours. 
(2) The beef industry estimates that the United 
States 
cattle 
industry 
lost 
approximately 
$3,000,000,000 in export value on beef, beef variety 
meats, hides, and tallow during the 12 months since 
a December 2003 diagnosis in the United States of 
bovine spongiform encephalopathy. A livestock iden-
tification system may have prevented some of this 
loss. 
(3) In order to be as efficient as possible, the 
livestock identification system needs to be automated 
and electronic with participants using compatible 
technologies. 
(4) The livestock identification system needs to 
be flexible enough to adapt to changes in technology 
and to the demands of the industry and the markets. 
(5) The best technology available should be 
used for the livestock identification system while still 
allowing for registration into the system for livestock 
owners who are economically disadvantaged. 
(6) Confidentiality of information on animal 
movements, sales, and ownership is necessary to en-
sure that livestock owners have the confidence to
comply with and fully participate in the livestock 
identification system. 
(7) Besides animal disease surveillance, the live-
stock identification system should provide a commer-
cial information exchange infrastructure that would 
allow for enhanced marketing opportunities. 
SEC. 3. LIVESTOCK IDENTIFICATION BOARD. 
(a) ESTABLISHMENT.—There is established a board 
to be known as the ‘‘Livestock Identification Board’’. 
(b) DUTIES.—The duties of the Board shall be to— 
(1) establish and maintain an electronic live-
stock identification system that— 
(A) is capable of tracing all livestock in the 
United States from the time of first movement 
of the livestock from its original premise to the 
time of slaughter of such livestock in less than 
48 hours; 
(B) tracks all relevant information about 
the livestock, including— 
(i) the livestock identification number 
or the group or lot identification number 
for the livestock, as applicable; 
(ii) the date the livestock identifica-
tion number or the group or lot identifica-
tion number was assigned;
(iii) the premise identification num-
ber; 
(iv) the species of the livestock; 
(v) the date of birth of the livestock, 
to the extent possible; 
(vi) the sex of the livestock; 
(vii) any other information the Board 
considers appropriate for animal disease 
surveillance; and 
(viii) any other information that the 
person who owns or controls the livestock 
voluntarily submits to the Board; 
(2) maintain information obtained through the 
livestock identification system in a centralized data 
system; and 
(3) determine the official identification tech-
nology to be used to track animals under the live-
stock identification system. 
(c) POWERS.—The Board may— 
(1) prescribe and collect fees to recover the 
costs of the livestock identification system; and 
(2) establish and maintain a grant program to 
assist persons with fulfilling the requirements of the 
livestock identification system. 
(d) MEMBERSHIP.—
(1) VOTING
MEMBERS.—The Board shall be 
composed of 7 voting members appointed by the Sec-
retary of Agriculture, in consultation with the Chair 
and ranking minority member of the relevant con-
gressional committees, of whom— 
(A) 1 member shall be a representative of 
cattle owners; 
(B) 1 member shall be a representative of 
swine owners; 
(C) 1 member shall be a representative of 
sheep and goat owners; 
(D) 1 member shall be a representative of 
poultry owners; 
(E) 1 member shall be a representative of 
livestock auction market operators; 
(F) 1 member shall be a representative of 
meat processors; and 
(G) 1 member shall be a person actively 
engaged in the livestock industry. 
(2) NON-VOTING MEMBERS.—The Board shall 
include 2 non-voting members appointed by the Sec-
retary, in consultation with the Chair and ranking 
minority member of the relevant congressional com-
mittees, of whom—
(A) 1 member shall be a representative of 
the Department of Agriculture; and 
(B) 1 member shall be a representative of 
State or tribal veterinarians or State or tribal 
agriculture agencies. 
(3) TERMS.— 
(A) IN GENERAL.—Each member shall be 
appointed for a term of 3 years, except as pro-
vided by subparagraphs (B) and (C). 
(B) TERMS OF INITIAL APPOINTEES.—As 
designated by the Secretary at the time of ap-
pointment, of the voting members first ap-
pointed— 
(i) the members appointed under sub-
paragraphs (B), (D), and (E) of paragraph 
(1) shall be appointed for a term of 2 
years; and 
(ii) the members appointed under sub-
paragraphs (C) and (G) of paragraph (1) 
shall be appointed for a term of 1 year. 
(C) VACANCIES.—Any member appointed 
to fill a vacancy occurring before the expiration 
of the term for which the member’s predecessor 
was appointed shall be appointed only for the 
remainder of that term. A member may serve
after the expiration of that member’s term until 
a successor has taken office. A vacancy in the 
Board shall be filled in the manner in which the 
original appointment was made. 
(4) CHAIRPERSON.—The Chairperson of the 
Board shall be elected by its members. 
(5) APPOINTMENT.—The Secretary shall ap-
point all members of the Board not later than 45 
days after the date of the enactment of this Act. 
(e) MEETINGS.— 
(1) INITIAL MEETING.—Not later than 60 days 
after the date of the enactment of this Act, the 
Board shall hold its initial meeting. 
(2) SUBSEQUENT MEETINGS.—The Board shall 
meet at the call of the Chairperson. 
(f) QUORUM.—4 voting members of the Board shall 
constitute a quorum. 
(g) PAY.—Members of the Board shall serve without 
compensation. 
(h) TRAVEL EXPENSES.—Each member of the Board 
shall receive travel expenses, including per diem in lieu 
of subsistence, in accordance with applicable provisions 
under subchapter I of chapter 57 of title 5, United States 
Code.
(i) STAFF.—The Board may appoint and fix the pay 
of personnel as the Board considers appropriate. 
(j) CONTRACTS.—The Board may contract with or 
compensate any persons for goods or services. 
(k) RULES
AND REGULATIONS.—The Board may 
issue such rules and regulations as may be necessary to 
carry out this Act. 
(l) IMPLEMENTATION.— 
(1) IN GENERAL.—The Board shall implement 
the livestock identification system established pursu-
ant to this section not later than December 31, 
2008. 
(2) REPORT.—Not later than one year after the 
date of the enactment of this Act, and quarterly 
thereafter until December 31, 2010, the Board shall 
submit to the Secretary of Agriculture and the rel-
evant congressional committees a report on the sta-
tus of the implementation of the livestock identifica-
tion system, including— 
(A) for each species subject to the system, 
the number of animals or groups of animals 
tracked by the system; and 
(B) the percentage of each animal species 
subject to the livestock identification system 
that are tracked by the system, which shall be
determined by dividing the number submitted 
under subparagraph (A) for a species by the 
total number of animals of such species in the 
United States. 
SEC. 4. PREMISE IDENTIFICATIONS. 
Not later than nine months after the date of the en-
actment of this Act, the Secretary of Agriculture shall es-
tablish a premise identification system for all premises in 
the United States. The premise identification data shall 
be made available to the Board and shall include— 
(1) a premise identification number; 
(2) the name of the entity that owns or controls 
the premise; 
(3) contact information for the premise, includ-
ing a person, address, and phone number; 
(4) the type of operation at the premise; and 
(5) the date the premise number was assigned. 
SEC. 5. ENFORCEMENT; FIRST ENTRY INTO COMMERCE. 
Subject to section 6(b), the Secretary of Agriculture 
shall verify that each animal, or group of animals, where 
applicable, subject to the livestock identification system es-
tablished pursuant to section 3 is properly identified upon 
first entry of the animal into commerce. Any animal or 
group of animals that the Secretary determines is not
properly identified shall be identified using the official 
identification technology before entering commerce. 
SEC. 6. VOLUNTARY PARTICIPATION FOR OTHER ANIMAL 
SPECIES. 
(a) IN GENERAL.—The owner of an animal or group 
of animals, where applicable, that is not subject to the live-
stock identification system established pursuant to section 
3 may voluntarily subject such animal or group of animals 
to tracking by such livestock identification system. 
(b) ENFORCEMENT
EXEMPTION.—The voluntary 
tracking of such animal or group of animals shall not 
make the animal or group of animals subject to the en-
forcement actions of the Secretary under section 5. 
SEC. 7. RELEASE OF LIVESTOCK IDENTIFICATION NUM-
BERING INFORMATION. 
(a) FREEDOM OF INFORMATION ACT.—Information 
obtained through the livestock identification system estab-
lished pursuant to section 3 or the premise identification 
system established pursuant to section 4 is exempt 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 or the premise 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 Board may 
release information obtained through the livestock identi-
fication system or the premise identification system (other 
than information voluntarily submitted pursuant to sec-
tion 3(b)(1)(B)(viii)) regarding particular livestock if— 
(1) a disease or pest poses a significant threat 
to the livestock that the information involves; 
(2) the release of the information is related to 
actions the Board may take under this Act; 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 Secretary 
of Agriculture. 
(d) LIMITED
RELEASE
OF
INFORMATION
RE-
QUIRED.—
(1) IN GENERAL.—Notwithstanding subsection 
(b), the Board shall promptly release information 
obtained through the livestock identification system 
or the premise identification system (other than in-
formation voluntarily submitted pursuant to section 
3(b)(1)(B)(viii)) regarding particular livestock— 
(A) to the person who owns or controls the 
livestock, if the person requests such informa-
tion; 
(B) to the Secretary of Agriculture for the 
purpose of animal disease surveillance; 
(C) to a State or tribal veterinarian or a 
State or tribal agriculture agency for the pur-
pose of animal disease surveillance; 
(D) to the Attorney General for the pur-
pose of investigation or prosecution of a crimi-
nal act; 
(E) to the Secretary of Homeland Security 
for the purpose of national security; 
(F) to the Secretary of Health and Human 
Services for the purpose of protection of public 
health; and 
(G) 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. 
(2) INFORMATION VOLUNTARILY SUBMITTED.— 
Notwithstanding subsection (b), on the request of a 
person who owns or controls livestock, the Board 
shall release information voluntarily submitted to the 
Board pursuant to section 3(b)(1)(B)(viii) regarding 
such livestock to such person or to another person. 
(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 and such conflict involves interstate or inter-
national commerce, this section shall take precedence over 
the State law. 
SEC. 8. REPORT ON IMPACT OF LIVESTOCK IDENTIFICA-
TION SYSTEM. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Agriculture shall submit 
to the Committees on Appropriations of the House of Rep-
resentatives and the Senate, the Committee on Agriculture 
of the House of Representatives, and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate a re-
port on a livestock identification system, including—
(1) the lessons learned and the effectiveness of 
the animal identification system pilot programs 
funded in fiscal year 2005; 
(2) an analysis of the economic impact of a live-
stock identification system on the livestock industry; 
and 
(3) the expected cost of implementing a live-
stock identification system. 
SEC. 9. CONFORMING AMENDMENTS. 
Subsection (f) of section 282 of the Agricultural Mar-
keting Act of 1946 (7 U.S.C. 1638a) is amended— 
(1) by striking ‘‘CERTIFICATION OF ORIGIN.— 
’’ and all that follows through ‘‘To certify the coun-
try of origin’’ and inserting ‘‘CERTIFICATION OF OR-
IGIN; EXISTING
CERTIFICATION
PROGRAMS.—To 
certify the country of origin’’; and 
(2) by redesignating subparagraphs (A) through 
(E) as paragraphs (1) through (5), respectively. 
SEC. 10. DEFINITIONS. 
In this Act: 
(1) The term ‘‘Board’’ means the Livestock 
Identification Board established under section 3(a). 
(2) The term ‘‘livestock’’ means cattle, swine, 
sheep, goats, and poultry.
(3) The term ‘‘premise’’ means a location that 
holds, manages, or boards animals. 
(4) The term ‘‘relevant congressional commit-
tees’’ means the Committee on Agriculture of the 
House of Representatives and the Committee on Ag-
riculture, Nutrition, and Forestry of the Senate. 
(5) The term ‘‘Secretary’’ means the Secretary 
of Agriculture. 
SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
this Act $33,000,000 for each of fiscal years 2006 through 
2008. 
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