S.Amdt. 1097Senate113th Congress (2013-2015)

S.Amdt. 1097

What it does: Adds SEC. 12108. LIVESTOCK INFORMATION DISCLOSURE on page 1125, line 23
Submitted May 22, 2013

What it changes

1 change to S. 954

Adds a section
  1. Adds SEC. 12108. LIVESTOCK INFORMATION DISCLOSURE on page 1125, line 23

    Adds a sectionPrinted page

    Inserted: SEC. 12108. LIVESTOCK INFORMATION DISCLOSURE.

    Inserted: (a) Findings.--Congress finds that--

    Inserted: (1) United States livestock producers supply a vital link in the food supply of the United States, which is listed as a critical infrastructure by the Secretary of Homeland Security;

    Inserted: (2) domestic terrorist attacks have occurred at livestock operations across the United States, endangering the lives and property of people of the United States;

    Inserted: (3) livestock operations in the United States are largely family owned and operated with most families living at the same location as the livestock operation;

    Inserted: (4) State governments and agencies are the primary authority in almost all States for the protection of water quality under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);

    Inserted: (5) State agencies maintain records on livestock operations and have the authority to address water quality issues where needed; and

    Inserted: (6) there is no discernible environmental or scientifically research-related need to create a database or other system of records of livestock operations in the United States by the Administrator.

    Inserted: (b) Definitions.--In this section:

    Inserted: (1) Administrator.--The term "Administrator" means the Administrator of the Environmental Protection Agency.

    Inserted: (2) Agency.--The term "Agency" means the Environmental Protection Agency.

    Inserted: (3) Livestock operation.--The term "livestock operation" includes any operation involved in the raising or finishing of livestock and poultry.

    Show 17 more inserted paragraphs

    Inserted: (c) Procurement and Disclosure of Information.--

    Inserted: (1) Prohibition.--

    Inserted: (A) In general.--Except as provided in paragraph (2), the Administrator, any officer or employee of the Agency, or any contractor or cooperator of the Agency, shall not disclose the information described in subparagraph (B) of any owner, operator, or employee of a livestock operation provided to the Agency by a livestock producer or a State agency in accordance with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).

    Inserted: (B) Information described.--The information referred to in subparagraph (A) is--

    Inserted: (i) names;

    Inserted: (ii) telephone numbers;

    Inserted: (iii) email addresses;

    Inserted: (iv) physical addresses;

    Inserted: (v) Global Positioning System coordinates; or

    Inserted: (vi) other identifying information regarding the location of the owner, operator, or employee.

    Inserted: (2) Effect.--Nothing in paragraph (1) affects--

    Inserted: (A) the disclosure of information described in paragraph (1) if--

    Inserted: (i) the information has been transformed into a statistical or aggregate form at the county level or higher without any information that identifies the agricultural operation or agricultural producer; or

    Inserted: (ii) the livestock producer consents to the disclosure;

    Inserted: (B) the authority of any State agency to collect information on livestock operations; or

    Inserted: (C) the authority of the Agency to disclose the information on livestock operations to State or other Federal governmental agencies.

    Inserted: (3) Condition of permit or other programs.--The approval of any permit, practice, or program administered by the Administrator shall not be conditioned on the consent of the livestock producer under paragraph (2)(A)(ii).

    Original wording

    On page 1125, after line 23, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1097. Mr. GRASSLEY (for himself, Mr. Donnelly, and Mr. Johanns) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1125, after line 23, insert the following:

SEC. 12108. LIVESTOCK INFORMATION DISCLOSURE.

(a) Findings.--Congress finds that--

(1) United States livestock producers supply a vital link in the food supply of the United States, which is listed as a critical infrastructure by the Secretary of Homeland Security;

(2) domestic terrorist attacks have occurred at livestock operations across the United States, endangering the lives and property of people of the United States;

(3) livestock operations in the United States are largely family owned and operated with most families living at the same location as the livestock operation;

(4) State governments and agencies are the primary authority in almost all States for the protection of water quality under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);

(5) State agencies maintain records on livestock operations and have the authority to address water quality issues where needed; and

(6) there is no discernible environmental or scientifically research-related need to create a database or other system of records of livestock operations in the United States by the Administrator.

(b) Definitions.--In this section:

(1) Administrator.--The term “Administrator” means the Administrator of the Environmental Protection Agency.

(2) Agency.--The term “Agency” means the Environmental Protection Agency.

(3) Livestock operation.--The term “livestock operation” includes any operation involved in the raising or finishing of livestock and poultry.

(c) Procurement and Disclosure of Information.--

(1) Prohibition.--

(A) In general.--Except as provided in paragraph (2), the Administrator, any officer or employee of the Agency, or any contractor or cooperator of the Agency, shall not disclose the information described in subparagraph (B) of any owner, operator, or employee of a livestock operation provided to the Agency by a livestock producer or a State agency in accordance with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).

(B) Information described.--The information referred to in subparagraph (A) is--

(i) names;

(ii) telephone numbers;

(iii) email addresses;

(iv) physical addresses;

(v) Global Positioning System coordinates; or

(vi) other identifying information regarding the location of the owner, operator, or employee.

(2) Effect.--Nothing in paragraph (1) affects--

(A) the disclosure of information described in paragraph (1) if--

(i) the information has been transformed into a statistical or aggregate form at the county level or higher without any information that identifies the agricultural operation or agricultural producer; or

(ii) the livestock producer consents to the disclosure;

(B) the authority of any State agency to collect information on livestock operations; or

(C) the authority of the Agency to disclose the information on livestock operations to State or other Federal governmental agencies.

(3) Condition of permit or other programs.--The approval of any permit, practice, or program administered by the Administrator shall not be conditioned on the consent of the livestock producer under paragraph (2)(A)(ii).

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Senate amendment submitted

May 22, 2013