[House Report 111-668]
[From the U.S. Government Publishing Office]
111th Congress Rept. 111-668
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
ESTABLISHING A CHIEF VETERINARY OFFICER IN THE DEPARTMENT OF HOMELAND
SECURITY, AND FOR OTHER PURPOSES
_______
November 30, 2010.--Ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 5105]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred the
bill (H.R. 5105) to establish a Chief Veterinary Officer in the
Department of Homeland Security, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Congressional Budget Office Estimate............................. 4
Statement of General Performance Goals and Objectives............ 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 5
Advisory Committee Statement..................................... 5
Constitutional Authority Statement............................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. CHIEF VETERINARY OFFICER OF DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following new
section:
``SEC. 317. CHIEF VETERINARY OFFICER.
``(a) In General.--There is in the Department a Chief Veterinary
Officer, who shall be appointed by the Secretary. The Chief Veterinary
Officer shall report directly to the Chief Medical Officer, unless an
individual other than the Assistant Secretary for Health Affairs is
serving as the Chief Medical Officer, in which case the Chief
Veterinary Officer shall report directly to the Assistant Secretary for
Health Affairs.
``(b) Qualifications.--The individual appointed as Chief Veterinary
Officer shall be a veterinarian who possesses a demonstrated ability in
and knowledge of veterinary public health and emergency preparedness,
and other professional experience as determined by the Secretary, such
as in agriculture, food defense, and disaster medicine.
``(c) Responsibilities.--The Chief Veterinary Officer shall be the
head of the division of the Department with primary responsibility for
veterinary issues, food defense, and agriculture security, and shall
have primary responsibility within the Department for responsibilities
relating to veterinary medicine and veterinary public health, including
each of the following:
``(1) Serving as the principal authority in the Department
responsible for advising the Secretary, in coordination with
the Assistant Secretary for Health Affairs, on veterinary
public health, food defense, and agricultural security issues.
``(2) Providing guidance for the health and welfare of the
Department's working animals, including those used to enhance
transportation, border, and maritime security, and for other
purposes.
``(3) Leading the Department's policy initiatives relating to
food, animal, and agricultural incidents, and the impact of
such incidents on animal and public health.
``(4) Leading the Department's policy initiatives relating to
overall domestic preparedness for and collective response to
agricultural terrorism.
``(5) Serving as the principal point of contact in the Office
of Health Affairs for all veterinary preparedness and response
research and development.
``(6) Serving as the principal point of contact in the Office
of Health Affairs for sharing homeland security veterinary
medical information with Department officials, including all
components with veterinary, food, or agricultural interests.
``(7) Serving as the principal point of contact within the
Department with respect to veterinary homeland security issues
for the Department of Agriculture, the Department of Defense,
the Department of Health and Human Services, and other Federal
departments and agencies.
``(8) Serving as the principal point of contact within the
Department with respect to veterinary homeland security issues
for State, local, and tribal governments, the veterinary
community, and other entities within and outside the
Department.
``(9) Performing such other duties relating to such
responsibilities as the Secretary may require.
``(d) Report to Congress.--Not later than 30 days after the last day
of each fiscal year, the Chief Veterinary Officer shall submit to
Congress a report on the state of the Department's working animals
during that fiscal year. Each such report shall include--
``(1) the number of animals in service to the Department
during the fiscal year, including the component and mission of
each such animal and the homeland security activities conducted
by such animal;
``(2) an assessment of the overall health and welfare of the
Department's working animals during the fiscal year; and
``(3) a description of the activities of the Office during
the fiscal year, including a description of any animal
initiative or program conducted during such fiscal year, and
for each such initiative or program--
``(A) the objectives of the initiative or program;
``(B) the species or genus of animals that are
subject of the initiative or program;
``(C) the amount of resources used (including capital
and human resources) for such initiative or program;
``(D) when the initiative or program will conclude or
terminate; and
``(E) the degree of completion of the initiative or
program.
``(e) Advance Notice of Reorganization Required.--Not later than 180
days before carrying out any reorganization within the Department that
would affect any responsibility of the Chief Veterinary Officer, the
Secretary shall submit to the appropriate congressional committees a
report on the proposed reorganization.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to title
III the following new item:
``Sec. 317. Chief Veterinary Officer.''.
Purpose and Summary
The purpose of H.R. 5105 is to establish a Chief Veterinary
Officer in the Department of Homeland Security, and for other
purposes.
Background and Need for Legislation
With the issuance of Homeland Security Presidential
Directive 9 on January 30, 2004, then-President George W. Bush
required the Secretary of Homeland Security, in coordination
with the Secretary of Agriculture, the Secretary of Health and
Human Services, the Attorney General, and the Administrator of
the Environmental Protection Agency, to ensure that ``the
combined Federal, State, and local response capabilities are
adequate to respond quickly and effectively to a terrorist
attack, major disease outbreak, or other disaster affecting the
national agriculture or food infrastructure.'' Subsequently,
pursuant to the Post-Katrina Emergency Reform Act (P.L. 109-
295; October 4, 2006), an Office of Health Affairs, managed by
the Chief Medical Officer, was established within the
Department of Homeland Security (DHS). Until early 2010, DHS
maintained a Chief Veterinary Officer (CVO) within the Office
of Health Affairs to work on veterinary issues, food defense,
and agriculture security on behalf of the Department. Concerned
that DHS would lose needed capabilities with respect to
veterinary issues, Rep. Mike Rogers (R-AL) and Rep. Mary Jo
Kilroy (D-OH) introduced H.R. 5105 on April 21, 2010. As
introduced, H.R. 5105 requires DHS to maintain a Chief
Veterinary Officer, who is a veterinarian possessing a
demonstrated ability in and knowledge of veterinary public
health and emergency preparedness, to carry out related
responsibilities within DHS.
Hearings
The Committee did not hold any hearings on H.R. 5105.
However, during the 109th Congress, the Subcommittee on
Management, Investigations, and Oversight conducted a related
field hearing on July 9, 2007 in Tunkhannock, Pennsylvania
entitled, ``Farm to Fork: Partnerships to Protect the Food You
Eat.'' The Subcommittee received testimony from Dr. Thomas
McGinn, Director, Veterinary & Agriculture Security, Office of
Health Affairs, Department of Homeland Security; Mr. T. David
Filson, Emergency Preparedness & Response Coordinator and
Partnership, Expansion Leader Penn State Cooperative Extension;
and Dr. Frederic J. Hoerr, Professor, College of Veterinary
Medicine, Auburn University.
Committee Consideration
On June 23, 2010, the Committee on Homeland Security
considered H.R. 5105 and ordered the bill to be reported to the
House, amended, with a favorable recommendation, by voice vote.
The Committee adopted H.R. 5105, as amended, by unanimous
consent.
A unanimous consent request by Mr. Thompson that the
Committee adopt H.R. 5105, as amended by the amendment
listed in the roster; was AGREED TO without objection.
The following amendments were offered:
An amendment by Ms. Jackson Lee (#1); Page 4, after
line 19, insert a new subparagraph entitled ``(d) Report to
Congress.''; Page 4, line 10 strike ``(d)'' and insert
``(e)''.; was AGREED TO by unanimous consent.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 5105.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
5105 would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
July 13, 2010.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5105, a bill to
establish a Chief Veterinary Officer in the Department of
Homeland Security, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Daniel
Hoople.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 5105--A bill to establish a Chief Veterinary Officer in the
Department of Homeland Security, and for other purposes
H.R. 5105 would establish the position of Chief Veterinary
Officer (CVO) within the Department of Homeland Security (DHS).
CBO estimates that implementing this legislation would have no
significant cost over the next five years. Enacting this
legislation would not affect direct spending or revenues;
therefore, pay-as-you-go procedures would not apply.
H.R. 5105 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
H.R. 5105 would establish a CVO within the Office of Health
Affairs (OHA) of DHS. The CVO would have responsibilities
related to agricultural security and other security issues
related to veterinary medicine and veterinary health. Based on
information from DHS, CBO does not expect that implementing
this legislation would increase the functions of the department
or require additional staff. The responsibilities that would be
associated with the CVO are currently handled by the Food,
Agriculture, and Veterinary Defense branch of OHA;
consequently, CBO estimates that this change would have no
significant budgetary effect over the next five years.
The CBO staff contact for this estimate is Daniel Hoople.
The estimate was approved by Peter H. Fontaine, Assistant
Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 5105 contains the following
general performance goals, and objectives, including outcome
related goals and objectives authorized.
Section 1(d) of H.R. 5105 requires the Chief Veterinary
Officer to submit an annual report to the Congress on the state
of the Department's working animals during that fiscal year.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 1, which grants Congress the power
to provide for the common Defense of the United States.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Chief Veterinary Officer of the Department of Homeland
Security
This section adds Section 317 to Title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.) entitled ``Chief
Veterinary Officer of the Department of Homeland Security.''
It authorizes the establishment of the Chief Veterinary
Officer and requires that the Chief Veterinary Officer be
appointed by the Secretary and report to the Chief Medical
Officer, unless someone other than the Assistant Secretary for
Health Affairs is serving as the Chief Medical Officer, in
which case the Chief Veterinary Officer would report directly
to the Assistant Secretary for Health Affairs (317(a)). With
respect to qualifications, it requires that the appointee be a
veterinarian who possesses a demonstrated ability in and
knowledge of veterinary public health and emergency
preparedness, and other professional experience such as in
agriculture, food defense, and disaster medicine (317(b)). The
Chief Veterinary Officer will be responsible for overseeing the
division of the Department with primary responsibility for
veterinary issues, food defense, and agriculture security.
Additionally, as the official with the primary responsibility
within the Department for veterinary medicine and veterinary
public health issues, the Chief Veterinary Officer shall be
responsible for: (1) Serving as the Department's principal
authority on veterinary public health, food defense, and
agricultural security; (2) providing guidance for the health
and welfare of the Department's working animals, including
those used to enhance transportation, border, and maritime
security; (3) leading the Department's policy initiatives
relating to food, animal, and agricultural incidents; (4)
leading the Department's policy initiatives relating to overall
domestic preparedness for and collective response to
agricultural terrorism; (5) serving as the principal point of
contact in the Office of Health Affairs for all veterinary
preparedness and response research and development; (6) serving
as the principal point of contact in the Office of Health
Affairs for sharing homeland security veterinary medical
information with Department officials; (7) serving as the
principal point of contact within the Department with respect
to veterinary homeland security issues for the Department of
Agriculture, the Department of Defense, the Department of
Health and Human Services, and other Federal departments and
agencies; (8) serving as the principal point of contact within
the Department with respect to veterinary homeland security
issues for State, local, and tribal governments, the veterinary
community, and other entities within and outside the
Department; and (9) performing such other duties relating to
such responsibilities as the Secretary may require. (317(c)).
Additionally, under this provision, the Chief Veterinary
Officer is required to submit an annual report to Congress on
the state of the Department's working animals during that
fiscal year not later than 30 days after the last day of the
fiscal year.
Should the Secretary of Homeland Security decide to execute
a reorganization of the Department that would affect the
responsibilities of the Chief Veterinary Officer, the Secretary
would be required to notify appropriate Congressional
committees within 180 days before carrying out such
reorganization.
The Committee views the position of Chief Veterinary
Officer in DHS as essential to DHS' capabilities and
credibility on agro-terrorism and food security as well as its
relationships with the other Federal and State agencies with
which DHS partners to protect our Nation's agricultural
interests.
The Committee does not intend for this legislation
authorizing the Chief Veterinary Officer position within DHS to
affect the existing authority of the Chief Veterinary Officer
of the U.S. Department of Agriculture (USDA), the Animal and
Plant Health Inspection Service, or any other USDA office or
official. Moreover, the Committee notes that this legislation
would simply authorize and codify within the Homeland Security
Act of 2002 a position within DHS that had existed for three
years in order to execute DHS' statutory missions with respect
to veterinary issues. This legislation is very specific to DHS'
mission, and it solely amends the Homeland Security Act of
2002. Further, the Department reported to the Congressional
Budget Office that implementation of the legislation would not
increase existing functions or authorities of the Department.
The Committee has heard concerns that the establishment, in
statute, of a Chief Veterinary Officer, would in some way
impact the activities of Chief Veterinary Officers in other
Federal agencies. The Committee is aware of no instance where
authorizing a position in one Department to help that agency
execute its existing statutory responsibilities has impacted
the ability of officials at other agencies to execute their
authorities. In fact, the Committee notes that the statutorily-
authorized Chief Medical Officer of the Department of Homeland
Security functions successfully within the confines of its
mission space and without detriment to Chief Medical Officers
maintained in other Federal agencies or departments.
The Committee is concerned about the impact that DHS
leadership's decision to eliminate the position will have on
the Department's ability to carry out its critical role on
agro-terrorism and food security, and to effectively oversee
its own veterinary workforce, which is spread among multiple
DHS components.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) * * *
* * * * * * *
(b) Table of Contents.--The table of contents for this Act is
as follows:
* * * * * * *
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
Sec. 317. Chief Veterinary Officer.
* * * * * * *
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
SEC. 317. CHIEF VETERINARY OFFICER.
(a) In General.--There is in the Department a Chief
Veterinary Officer, who shall be appointed by the Secretary.
The Chief Veterinary Officer shall report directly to the Chief
Medical Officer, unless an individual other than the Assistant
Secretary for Health Affairs is serving as the Chief Medical
Officer, in which case the Chief Veterinary Officer shall
report directly to the Assistant Secretary for Health Affairs.
(b) Qualifications.--The individual appointed as Chief
Veterinary Officer shall be a veterinarian who possesses a
demonstrated ability in and knowledge of veterinary public
health and emergency preparedness, and other professional
experience as determined by the Secretary, such as in
agriculture, food defense, and disaster medicine.
(c) Responsibilities.--The Chief Veterinary Officer shall be
the head of the division of the Department with primary
responsibility for veterinary issues, food defense, and
agriculture security, and shall have primary responsibility
within the Department for responsibilities relating to
veterinary medicine and veterinary public health, including
each of the following:
(1) Serving as the principal authority in the
Department responsible for advising the Secretary, in
coordination with the Assistant Secretary for Health
Affairs, on veterinary public health, food defense, and
agricultural security issues.
(2) Providing guidance for the health and welfare of
the Department's working animals, including those used
to enhance transportation, border, and maritime
security, and for other purposes.
(3) Leading the Department's policy initiatives
relating to food, animal, and agricultural incidents,
and the impact of such incidents on animal and public
health.
(4) Leading the Department's policy initiatives
relating to overall domestic preparedness for and
collective response to agricultural terrorism.
(5) Serving as the principal point of contact in the
Office of Health Affairs for all veterinary
preparedness and response research and development.
(6) Serving as the principal point of contact in the
Office of Health Affairs for sharing homeland security
veterinary medical information with Department
officials, including all components with veterinary,
food, or agricultural interests.
(7) Serving as the principal point of contact within
the Department with respect to veterinary homeland
security issues for the Department of Agriculture, the
Department of Defense, the Department of Health and
Human Services, and other Federal departments and
agencies.
(8) Serving as the principal point of contact within
the Department with respect to veterinary homeland
security issues for State, local, and tribal
governments, the veterinary community, and other
entities within and outside the Department.
(9) Performing such other duties relating to such
responsibilities as the Secretary may require.
(d) Report to Congress.--Not later than 30 days after the
last day of each fiscal year, the Chief Veterinary Officer
shall submit to Congress a report on the state of the
Department's working animals during that fiscal year. Each such
report shall include--
(1) the number of animals in service to the
Department during the fiscal year, including the
component and mission of each such animal and the
homeland security activities conducted by such animal;
(2) an assessment of the overall health and welfare
of the Department's working animals during the fiscal
year; and
(3) a description of the activities of the Office
during the fiscal year, including a description of any
animal initiative or program conducted during such
fiscal year, and for each such initiative or program--
(A) the objectives of the initiative or
program;
(B) the species or genus of animals that are
subject of the initiative or program;
(C) the amount of resources used (including
capital and human resources) for such
initiative or program;
(D) when the initiative or program will
conclude or terminate; and
(E) the degree of completion of the
initiative or program.
(e) Advance Notice of Reorganization Required.--Not later
than 180 days before carrying out any reorganization within the
Department that would affect any responsibility of the Chief
Veterinary Officer, the Secretary shall submit to the
appropriate congressional committees a report on the proposed
reorganization.
* * * * * * *