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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 and... (Introduced in House)
HR 6042 IH
September 7, 2006
Mrs. EMERSON introduced the following bill; which was referred to the Committee on Agriculture
- 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.'.
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