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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

                          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\
---------------------------------------------------------------------------
    \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''.)
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \4\ U.S. Department of Homeland Security, Food and Agriculture 
Sector, at http://www.dhs.gov/food-and-agriculture-sector.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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'').
---------------------------------------------------------------------------
    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 Assistant 
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.
---------------------------------------------------------------------------
    \6\ Homeland Security Presidential Directive 9 - Defense of United 
States Agriculture and Food, Jan. 30, 2004 at 2.
---------------------------------------------------------------------------

                                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.

                  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.

                      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 efforts 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 coordinate 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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