69–006 

115TH CONGRESS REPT. 115–42 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

SECURING OUR AGRICULTURE AND FOOD ACT 

MARCH 16, 2017.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. MCCAUL, from the Committee on Homeland Security, 

submitted the following 

R E P O R T 

[To accompany H.R. 1238] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security, to whom was referred the 

bill (H.R. 1238) to amend the Homeland Security Act of 2002 to 

make the Assistant Secretary of Homeland Security for Health Affairs responsible for coordinating the efforts of the Department of 

Homeland Security related to food, agriculture, and veterinary defense against terrorism, and for other purposes, having considered 

the same, report favorably thereon without amendment and recommend that the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for Legislation .................................................................... 2 

Hearings ................................................................................................................... 3 

Committee Consideration ........................................................................................ 3 

Committee Votes ...................................................................................................... 3 

Committee Oversight Findings ............................................................................... 3 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 3 

Congressional Budget Office Estimate ................................................................... 4 

Statement of General Performance Goals and Objectives .................................... 4 

Duplicative Federal Programs ................................................................................ 5 

Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 5 

Federal Mandates Statement ................................................................................. 5 

Preemption Clarification ......................................................................................... 5 

Disclosure of Directed Rule Makings ..................................................................... 5 

Advisory Committee Statement .............................................................................. 5 

Applicability to Legislative Branch ........................................................................ 5 

Section-by-Section Analysis of the Legislation ...................................................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 6 

Committee Correspondence .................................................................................... 8 


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1 Testimony of Edward Avalos, Under Secretary for Marketing and Regulatory Programs, 

U.S. Department of Agriculture, before the House Committee on Agriculture, Full Committee 

hearing to review USDA organization and program administration (Part 2), September 16, 2015, 

at 5. Available at: https://archives-agriculture.house.gov/sites/republicans.agriculture.house.gov/files/pdf/Avalos%20Testimony.pdf 2 Id. 3 Statement of Lisa Shames, Government Accountability Office, Challenges for the Food and 

Agriculture Sector in Responding to Potential Terrorist Attacks and Natural Disasters, GAO-11- 

946T, September 13, 2011, at 1. Available at http://www.gao.gov/assets/130/126937.pdf. (Hereafter ‘‘GAO Food and Ag Sector Challenges’’.) 4 U.S. Department of Homeland Security, Food and Agriculture Sector, at http:// 

www.dhs.gov/food-and-agriculture-sector. 5 Hirsch, Jesse, Food (In)security: Are Farms the Next Great Terrorist Target?, Modern Farmer, December 16, 2013, at http://modernfarmer.com/2013/12/food-insecurity-farms-next-terrorist-target/. (Hereafter ‘‘Food (In)security’’). 6 Homeland Security Presidential Directive 9 - Defense of United States Agriculture and Food, 

Jan. 30, 2004 at 2. 

PURPOSE AND SUMMARY

The purpose of H.R. 1238 is to amend the Homeland Security Act 

of 2002 to make the Assistant Secretary of Homeland Security for 

Health Affairs responsible for coordinating the efforts of the Department of Homeland Security related to food, agriculture, and 

veterinary defense against terrorism. 

BACKGROUND AND NEED FOR LEGISLATION

Agriculture is critical to public health and the Nation’s economy. 

According to the Government Accountability Office (GAO), the food 

and agriculture sector annually produces $300 billion in food and 

other products and is responsible for an estimated one out of every 

12 U.S. jobs. Agriculture directly or indirectly supports 16 million 

jobs.1 According to the U.S. Department of Agriculture (USDA), ‘‘agricultural exports surpassed $152 billion in Fiscal Year 2014, 

and have climbed more than 58% in value since 2009, totaling 

$771.7 billion over the past 5 years.’’ 2 An intentional attack on, or 

natural disruption of, our agriculture or food production systems 

‘‘can present a serious threat to the national economy and human 

health and can halt or slow trade.’’ 3

The food and agriculture sector is one of 16 critical infrastructure 

sectors. According to the Department of Homeland Security (DHS), 

‘‘the Food and Agriculture Sector is almost entirely under private 

ownership and is composed of an estimated 2.2 million farms, 

900,000 restaurants, and more than 400,000 registered food manufacturing, processing, and storage facilities. This sector accounts for 

roughly one-fifth of the Nation’s economic activity.’’ 4

Former Secretary of Health and Human Services Tommy Thompson highlighted the vulnerability of the agricultural sector to a terrorist attack in his farewell address in December 2004. He said ‘‘for 

the life of me, I cannot understand why the terrorists have not 

[targeted] our food supply because it is so easy to do.’’ 5

The Department of Homeland Security (Department) has responsibility for food, agriculture, and veterinary defense pursuant to 

Homeland Security Presidential Directive (HSPD) 9—Defense of 

United States Food and Agriculture. Specifically, the Secretary of 

Homeland Security is responsible for coordinating the ‘‘overall national effort to enhance the protection of the critical infrastructure 

and key resources of the United States.’’ 6 The food and agriculture 

sector is part of that critical infrastructure. The Secretary of Homeland Security has delegated HSPD–9 implementation to the AssistVerDate Sep 11 2014 05:55 Mar 17, 2017 Jkt 069006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR042P1.XXX HR042P1

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ant Secretary of the Office of Health Affairs. This legislation authorizes, for the first time, the Department’s Food, Agriculture, and 

Veterinary Defense (FAVD) Program within the Office of Health 

Affairs. 

HEARINGS

The Committee on Homeland Security did not hold a legislative 

hearing on H.R. 1238. However, the Subcommittee on Emergency 

Preparedness, Response, and Communications held a hearing on 

February 26, 2016, entitled ‘‘Food for Thought: Efforts to Defend 

the Nation’s Agriculture and Food.’’ The Subcommittee received 

testimony from R. Douglas Meckes, D.V.M., State Veterinarian, 

Veterinary Division, Department of Agriculture and Consumer 

Services, State of North Carolina; Tammy R. Beckham, D.V.M., 

Ph.D., Dean, College of Veterinary Medicine, Kansas State University; Mr. Bobby Acord, Former Administrator, Animal Plant 

Health Inspection Service, U.S. Department of Agriculture, testifying on behalf of the National Pork Producers Council; and 

Mr. Brian Williams, Assistant Extension Professor, Mississippi 

State University. 

Witnesses highlighted public and private sector prevention, planning, and preparedness activities, including those conducted by the 

Department, aimed at reducing vulnerabilities of the food and agricultural sector to an intentional attack or natural disruption. 

COMMITTEE CONSIDERATION

The Committee met on March 8, 2017, to consider H.R. 1238, 

and ordered the measure to be reported to the House with a favorable recommendation, without amendment, by voice vote. 

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. 1238. 

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. 1238, the 

Securing our Agriculture and Food Act, would result in no new or 

increased budget authority, entitlement authority, or tax expenditures or revenues. 


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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. 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, Washington, DC, March 13, 2017. 

Hon. MICHAEL MCCAUL

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. 1238, the Securing our 

Agriculture and Food Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Robert Reese. 

Sincerely, 

KEITH HALL. 

Enclosure. 

H.R. 1238—Securing our Agriculture and Food Act 

H.R. 1238 would amend the Homeland Security Act of 2002 to 

authorize a program within the Department of Homeland Security’s Office of Health Affairs to coordinate efforts to defend U.S. 

food, agriculture, and veterinary systems against terrorism. 

CBO estimates that implementing H.R. 1238 would cost about $500,000 a year; such spending would be subject to the availability 

of appropriated funds. In 2016, the department allocated $475,000 

for this activity. A full year appropriation for the department has 

not yet been enacted for 2017. 

Enacting H.R. 1238 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. CBO estimates 

that enacting H.R. 1238 would not increase net direct spending or 

on-budget deficits in any of the four consecutive 10-year periods beginning in 2028. 

H.R. 1238 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Robert Reese. The estimate was approved by H. Samuel Papenfuss, Deputy 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. 1238 contains the following general performance goals and objectives, including outcome related goals and 

objectives authorized. 

H.R. 1238 authorizes and provides direction to the Food, Agriculture, and Veterinary Defense Program. It requires the Assistant 

Secretary for Health Affairs to provide oversight and management 

of the Department’s responsibilities pursuant to HSPD-9. It also requires the Assistant Secretary to lead and coordinate the Department’s policy initiatives related to agricultural terrorism and other 

incidents impacting animal and public health. 


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DUPLICATIVE FEDERAL PROGRAMS

Pursuant to clause 3(c) of rule XIII, the Committee finds that 

H.R. 1238 does not contain any provision that establishes or reauthorizes a program known to be duplicative of another Federal program. 

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. 

PREEMPTION CLARIFICATION

In compliance with section 423 of the Congressional Budget Act 

of 1974, requiring the report of any Committee on a bill or joint 

resolution to include a statement on the extent to which the bill or 

joint resolution is intended to preempt State, local, or Tribal law, 

the Committee finds that H.R. 1238 does not preempt any State, 

local, or Tribal law. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that H.R. 1238 would require no directed rule makings. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

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. Short Title. 

This section provides that this bill may be cited as the ‘‘Securing 

our Agriculture and Food Act’’. 

Sec. 2. Coordination of Food, Agriculture, and Veterinary Defense 

Against Terrorism. 

This section amends Title V of the Homeland Security Act of 

2002 to require the Secretary of Homeland Security, through the 

Assistant Secretary of the Office of Health Affairs, to carry out a 

program to coordinate the Department of Homeland Security’s efVerDate Sep 11 2014 05:55 Mar 17, 2017 Jkt 069006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR042P1.XXX HR042P1

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forts related to food, agriculture, and veterinary defense from acts 

of terrorism and other high-consequence events that pose a high 

risk to homeland security. 

The bill requires the program to include, at a minimum: 

• Providing oversight and management of the Department’s responsibilities pursuant to Homeland Security Presidential Directive 9—Defense of United States Food and Agriculture; • Providing oversight and integration of the Department’s activities related to veterinary public health, food defense, and 

agricultural security; • Leading the Department’s policy initiatives relating to food, 

animal, and agricultural incidents, and the impact of such incidents on animal and public health; • Leading the Department’s policy initiatives relating to overall 

domestic preparedness for and collective response to agricultural terrorism; • Coordinating efforts with appropriate federal agencies and departments; and • Other activities as determined necessary by the Secretary. 

The section includes a rule of construction indicating that nothing in the section may be construed as altering or superseding the 

authority of the Secretary of Agriculture. 

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) SHORT TITLE.—This Act may be cited as the ‘‘Homeland Security Act of 2002’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

* * * * * * * 

TITLE V—NATIONAL EMERGENCY MANAGEMENT 

* * * * * * * 

Sec. 528. Coordination of Department of Homeland Security efforts related to food, 

agriculture, and veterinary defense against terrorism. 

* * * * * * * 

TITLE V—NATIONAL EMERGENCY 

MANAGEMENT 

* * * * * * * 

SEC. 528. COORDINATION OF DEPARTMENT OF HOMELAND SECURITY 

EFFORTS RELATED TO FOOD, AGRICULTURE, AND VETERINARY DEFENSE AGAINST TERRORISM. 

(a) PROGRAM REQUIRED.—The Secretary, acting through the Assistant Secretary for Health Affairs, shall carry out a program to coVerDate Sep 11 2014 05:55 Mar 17, 2017 Jkt 069006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6603 E:\HR\OC\HR042P1.XXX HR042P1

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ordinate the Department’s efforts related to defending the food, agriculture, and veterinary systems of the United States against terrorism and other high-consequence events that pose a high risk to 

homeland security. 

(b) PROGRAM ELEMENTS.—The coordination program required by 

subsection (a) shall include, at a minimum, the following: 

(1) Providing oversight and management of the Department’s 

responsibilities pursuant to Homeland Security Presidential Directive 9–Defense of United States Agriculture and Food. 

(2) Providing oversight and integration of the Department’s 

activities related to veterinary public health, food defense, and 

agricultural security. 

(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) Coordinating with other Department components, including U.S. Customs and Border Protection, as appropriate, on activities related to food and agriculture security and screening 

procedures for domestic and imported products. 

(6) Coordinating with appropriate Federal departments and 

agencies. 

(7) Other activities as determined necessary by the Secretary. 

(c) RULE OF CONSTRUCTION.—Nothing in this section may be construed as altering or superseding the authority of the Secretary of 

Agriculture relating to food and agriculture. 

* * * * * * * 


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