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[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.

           *       *       *       *       *       *       *

                                  
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