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S 2070 IS
108th CONGRESS
2d Session
S. 2070
To amend
the Animal Health Protection Act to direct the Secretary of Agriculture
to implement the United States Animal Identification Plan, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
February
12, 2004
Mr. HAGEL 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 direct the Secretary of Agriculture
to implement the United States Animal Identification Plan, 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.
(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.
END
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