Amends the Animal Health Protection Act to prohibit the Secretary of Agriculture from implementing or carrying out (and prohibits use of federal funds to implement or carry out) a National Animal Identification System or similar requirement that mandates the participation of livestock owners.
Sets forth requirements governing disclosure of information obtained through a voluntary animal identification system established by the Secretary to identify and trace animals.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3862 Introduced in Senate (IS)]
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--
``(i) this subtitle; and
``(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.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
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