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To amend the Animal Health Protection Act to exempt certain animal identification information from disclosure under the Freedom of Information Act. (Introduced in House)
HR 1256 IH
March 10, 2005
Mr. PETERSON of Minnesota introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Government Reform, 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
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. EXEMPTION OF CERTAIN ANIMAL IDENTIFICATION INFORMATION FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT.
- The Animal Health Protection Act is amended by inserting after section 10409 (7 U.S.C. 8308) the following new section:
`SEC. 10409A. EXEMPTION OF CERTAIN ANIMAL IDENTIFICATION INFORMATION FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT.
- `(a) Release of Animal Identification Numbering Information
Exempt From Disclosure Under Freedom of Information Act- Information
obtained through a livestock identification system is exempt from
disclosure under section 552 of title 5, United States Code.
- `(b) Character of Livestock Identification System
Information- Except as provided in subsections (c) and (d), information
obtained through a livestock 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 Authorized-
Notwithstanding subsection (b), the Secretary of Agriculture may
release information obtained through a livestock identification system
regarding particular livestock if--
- `(1) the information involves livestock threatened by disease or pest;
- `(2) the release of the information is related to actions the Secretary may take under this subtitle; and
- `(3) the person obtaining the information needs the
information for reasons consistent with the public health and public
safety purposes of the livestock identification system, as determined
by the Secretary.
- `(d) Limited Release of Information Required-
Notwithstanding subsection (b), the Secretary of Agriculture shall
release information obtained through a livestock identification system
regarding particular livestock--
- `(1) to the person who owns or controls the livestock, if the person requests such information;
- `(2) to the Attorney General for the purpose of law enforcement;
- `(3) to the Secretary of Homeland Security for the purpose of national security;
- `(4) to a court of competent jurisdiction; and
- `(5) to the government of a foreign country, if release
of the information is necessary to trace livestock threatened by
disease or pest, as determined by the Secretary.
- `(e) Conflict of Law- If the information disclosure
limitations or requirements of this section conflict with information
disclosure limitations or requirements of a State law--
- `(1) this section shall take precedence over the State
law, if the conflict involves interstate or international commerce; and
- `(2) the State law shall take precedence over this section, if the conflict involves intrastate commerce in that State.
- `(f) Livestock Identification System Defined- In this
section, the term `livestock identification system' means any system of
identifying livestock developed by the Secretary of Agriculture.'.
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