United States Animal Identification Plan Implementation Act - Amends the Animal Health Protection Act to direct the Secretary of Agriculture to implement the animal identification plan (developed by the National Animal Identification Development Team) for: (1) beef and dairy cattle that are at least 30 months old on the date of enactment of this Act, not later than 60 days after such enactment; (2) all other beef and dairy cattle, not later than 90 days after the date of such enactment; (3) all other ruminate livestock, not later than 180 days after the date of such enactment; and (4) all other livestock, not later than one year after the date of such enactment.
Authorizes the Secretary to enter into State or third-party information collection agreements. Provides for: (1) confidentiality of producer information; and (2) nonapplication of the Freedom of Information Act.
Directs: (1) the Secretary of Health and Human Services, through the Commissioner of Food and Drugs, to monitor and report on the implementation of certain regulations relating to prohibited animal proteins in ruminant feed; and (2) the Secretary to develop a related enforcement plan.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3961 Introduced in House (IH)]
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 provisions 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 Representatives 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 following:
``(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
identification allocation system;
``(ii) the operational certification system
able to certify State premises and animal
number allocation systems;
``(iii) the operational premises
repository; and
``(iv) the operational identification
database.
``(2) Implementation priority.--Subject to the availability
of appropriations and cost-share agreements, the Secretary
shall implement the animal 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 enactment 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 subsection.
``(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 identification
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
identification 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.--Section 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 assist 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 corporation 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.
<all>
Introduced in House
Introduced in House
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 provisions as fall within the jurisdiction of the committee concerned.
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 provisions as fall within the jurisdiction of the committee concerned.
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 provisions as fall within the jurisdiction of the committee concerned.
Executive Comment Requested from USDA.
Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
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