109th CONGRESS
2d Session
S. 3862
To amend the Animal Health Protection Act to prohibit the Secretary
of Agriculture from implementing or carrying out a National Animal Identification
System or similar requirement, to prohibit the use of Federal funds to carry
out such a requirement, and to require the Secretary to protect information
obtained as part of any voluntary animal identification system.
IN THE SENATE OF THE UNITED STATES
September 7 (legislative day, September 6), 2006
Mr. TALENT introduced the following bill; which was read twice and referred
to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To amend the Animal Health Protection Act to prohibit the Secretary
of Agriculture from implementing or carrying out a National Animal Identification
System or similar requirement, to prohibit the use of Federal funds to carry
out such a requirement, and to require the Secretary to protect information
obtained as part of any voluntary animal identification system.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. PROHIBITION ON MANDATORY ANIMAL IDENTIFICATION PROGRAM.
Section 10409 of the Animal Health Protection Act (7 U.S.C. 8308) is amended
by adding at the end the following:
`(c) Prohibition on Mandatory Animal Identification Program- Notwithstanding
any other provision of law, the Secretary shall not implement or carry out,
and no Federal funds shall be used to implement or carry out, a National
Animal Identification System, or similar requirement, that mandates the
participation of livestock owners.'.
SEC. 2. PROTECTION OF INFORMATION IN A VOLUNTARY ANIMAL IDENTIFICATION
SYSTEM.
Section 10409 of the Animal Health Protection Act (7 U.S.C. 8308) (as amended
by section 1) is amended by adding at the end the following:
`(d) Protection of Information in a Voluntary Animal Identification System-
`(1) DEFINITION OF ANIMAL IDENTIFICATION SYSTEM- In this subsection, the
term `animal identification system' means a voluntary system for identifying
or tracing animals that is established by the Secretary.
`(2) PROTECTION FROM DISCLOSURE-
`(A) IN GENERAL- Information obtained through the animal identification
system shall not be disclosed except as provided in this subsection.
`(B) WAIVER OF PRIVILEGE OR PROTECTION- The provision of information
to the animal identification system and the disclosure of information
in accordance with this subsection shall not constitute a waiver of
any applicable privilege or protection under Federal law, including
trade secret protection.
`(3) LIMITED RELEASE OF INFORMATION- The Secretary may disclose information
obtained through the animal identification system if--
`(A) the Secretary determines that livestock may be threatened by a
disease or pest;
`(B) the release of the information is related to actions the Secretary
is authorized to take under this subtitle; and
`(C) the Secretary determines that the disclosure of the information
to a government entity or person is necessary to assist the Secretary
in carrying out the purposes of--
`(ii) the animal identification system.
`(4) MANDATORY DISCLOSURE OF INFORMATION- The Secretary shall disclose
information obtained through the animal identification system regarding
particular animals to--
`(A) the person who owns or controls the animals, if the person requests
the information in writing;
`(B) the Attorney General for the purpose of law enforcement;
`(C) the Secretary of Homeland Security for the purpose of homeland
security;
`(D) the Secretary of Health and Human Services for the purpose of protecting
the public health;
`(E) an entity pursuant to an order of a court of competent jurisdiction;
and
`(F) the government of a foreign country if disclosure of the information
is necessary to trace animals that pose a disease or pest threat to
livestock or a danger to human health, as determined by the Secretary.
`(5) PROHIBITION ON DISCLOSURE UNDER STATE OR LOCAL LAW- Any information
relating to animal identification that a State or local government obtains
from the Secretary shall not be made available by the State or local government
pursuant to State or local law requiring disclosure of information or
records to the public.'.
END
