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1974/08/14 HR11873 Animal Health Research (Vetoed) (2)
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1974/08/14 HR11873 Animal Health Research (Vetoed) (2)
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The original documents are located in Box 2, folder "1974/08/14 HR11873 Animal Health Research (Vetoed) (2)" of the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. Digitized from Box 2 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 AUG 12 1974 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 11873 - Animal Health Research Sponsor - Rep. Melcher (D) Montana and 21 others Last Day for Action August 14, 1974 - Wednesday Purpose Authorizes and directs the Secretary of Agriculture to provide up to $47 million annually in categorical grants to State educational institutions for animal health research programs and facilities. Agency Recommendations Office of Management and Budget Disapproval (Veto Message attached) Department of Agriculture Reluctant approval Department of Commerce No objection National Science Foundation No objection Department of Health, Education and Welfare Defers to Agriculture Department of the Interior Disapproval (Veto Message attached) Discussion H.R. 11873 would authorize and direct the Secretary of Agriculture to provide categorical grants to State educa- tional institutions for animal health research programs and facilities. The basic purpose of the research would be (1) to solve health problems of fresh water fish and shellfish, domestic livestock, poultry and other income producing animals, and (2) to promote research on population control of livestock 2 predators and other animals. Institutions eligible for grants would include all accredited colleges of veterinary medicine or where there is no college of veterinary medicine, state agricultural experiment stations engaged in animal health research. The grants would be made on three bases to eligible institutions: 1. For continuing animal health research, grants would be distributed equally by a formula based on (a) value and income of a respective state's live- stock, and (b) in proportion to the animal health research capacity of each eligible institution -- any funds granted in excess of $100,000 annually per institution would have to be matched by funds from non-Federal sources ($20 million authorized annually); 2. For research on specific national or regional animal health problems ($15 million authorized annually); and, 3. For purchasing, constructing, remodeling buildings, including research equipment ($12 million annually). Finally, the bill would direct the Secretary to appoint the Veterinary Medical Science Research Board. The Secretary would be required to consult this advisory board concerning the administration and implementation of the Act. The bill passed by a voice vote in the Senate and by 324-23 in the House. In reporting on similar predecessor legislation, Agriculture opposed any new animal health research program largely on the grounds that the existing program was working successfully. In fiscal year 1974 Agriculture funded animal health research at $28.3 million, $1.4 million above the previous fiscal year. Of this sum, $1.8 million was for the colleges of veterinary medicine, $1.4 million was for the state agricultural experiment stations, and $25 million was for Federal laboratory research. In addition, the colleges of veterinary medicine also received about $15 million from other Federal agencies for human-health related research. 3 However, in reporting on H.R. 11873, the House Agriculture Committee noted that it: M found that an increased effort should be made in the area of animal health research. Substantive testimony presented to the Committee by experts in veterinary science and in livestock management established that animal disease losses cost farmers, ranchers, and consumers at least $3.6 billion annually. The Committee thus feels that a modest investment in a research effort to learn new ways to cope with animal diseases and pests can pay handsome dividends to the entire Nation in the future." Yet in registering his dissenting views, Rep. Goodling asked: "What does this bill do that cannot already be done under existing legislation?" The answer is "Nothing." " and he went on to say that: "I would recommend, therefore, to those who feel this bill is necessary that they go through channels already provided in the form of the budgetary and appropriations process to obtain additional funds for this research and then only if such monies can be proven to be actually required.' Agency views Departing from its earlier position of opposition, Agriculture now recommends approval of H.R. 11873, because it provides for "more precise and continuing support" of animal health research that "can be expected ultimately to help reduce food costs and otherwise promote the general welfare." Commerce and the National Science Foundation have no objection to the bill while HEW has no comment on it. On the other hand, Interior recommends veto of the enrolled bill because of the provisions relating to the control of fish diseases and predators which would diffuse authority, encourage needless duplication of research facilities and effort, and authorize increased and unnecessary spending. 4 Arguments against approval 1. H.R. 11873 would establish a new categorical grant program -- this is inconsistent with the Administration's general policy of eliminating such grants. 2. The enrolled bill would largely duplicate existing authorities for animal health research. 3. The formula approach in the enrolled bill is in part contrary to established Federal policy of allocating research funds on the basis of merit and research capability as opposed to other considerations such as the relative value of an industry in a state. 4. The Federal government already underwrites over 60 percent of veterinary research at colleges of veterinary medicine and state agricultural experiment stations --- the additional grants afforded under H.R. 11873 are unwarranted. 5. These State institutions should look for funding support from other clientele groups which stand to benefit from improved animal health. For example, states now realize over $500 million from pari- mutuel betting, the house pet care and feeding industry has sales of over $4 billion, and the livestock and poultry industry has sales in excess of $35 billion. 6. The enrolled bill's purpose of supporting research for "fresh water fish and shellfish" and predator control would appear to overlap and duplicate research efforts in Commerce, Interior and USDA, and would unduly encroach into these legitimate research efforts. 7. The funding levels ($47 million annually) would add further pressure to the Federal budget and impair our efforts to fight inflation, particularly over the short term. 5 Arguments for approval 1. An increased effort in animal health research could significantly cut our annual losses from animal disease (estimated at $3.6 billion annually). 2. If successful in increasing the supply of live- stock and poultry, it could lower food prices to offset inflation over the long term. 3. The majority of research presently conducted at the colleges of veterinary medicine is restricted to human health applications -- H.R. 11873 could provide funds for direct animal health research. 4. Although the bill directs the allocation of appropriated funds in a somewhat rigid manner, nothing in it restricts the President from submitting his desired budget level and the Secretary would have the discretion to allocate over three quarters of the funds to projects and institutions he deems the most deserving. On balance, we believe the arguments for disapproval outweigh those in favor of approval and accordingly recommend that you veto H.R. 11873. We have prepared for your consideration an edited version of Interior's draft of a veto message. for Director Enclosures TO THE HOUSE OF REPRESENTATIVES I am returning today without my approval H.R. 11873, an Act "To authorize the Secretary of Agriculture to en- courage and assist the several States in carrying out a program of animal health research." This bill would establish a new categorical grant pro- gram for animal health research. Under the program the Secretary of Agriculture would be authorized to make grants totaling $47 million annually to Colleges of Veterinary Medicine or certain State Agricultural Experiment Stations for animal health research including fresh water fish and shellfish, and predator control. I believe that advance research by our veterinarians has important direct and indirect bearing on human as well as animal health. The purpose of this essential work does need emphasis because animal health research has helped make American livestock the healthiest and most productive in the world. Under existing laws and programs the Department of Agri- culture and other Federal agencies are presently spending over $40 million on animal health research. This program is now being carried out in practically every land grant college and the Colleges of Veterinary Medicine under several existing laws; namely, through the State Agricultural Experiment Sta- tions under the Hatch Act, as amended, special research grants for animal health research under P.L. 89-106, and through National Institutes of Health research authority. In addition to this effort, the Federal Government is actively engaged in 2 fish and shellfish research and predator control programs. Moreover, the livestock and poultry industry and the States are committing substantial sums for animal health research. By comparison with this effective, on-going program, I find the proposed Animal Health Research Act deficient because it would: - Establish a duplicative, categorical program that could fragment and diffuse some of our on-going animal health research efforts, in- cluding fish and shellfish research and preda- tor control, create waste, and unnecessarily increase Federal spending. - Allocate portions of the proposed grants simply on the basis of the value and income of domestic livestock and poultry in a respec- tive State, rather than on the basis of an institution's research capability. - Add further pressure to the Federal budget and impair our efforts to fight inflation during the next several years. In light of the above, I do not consider the enactment of H.R. 11873 to be in the public interest and am, therefore, withholding my approval of this bill. My disapproval in no way represents a lack of interest or concern over improving animal health. In fact, my action is motivated by just such concern and by a desire to realize better animal health through our existing programs. However, I wish to continue 3 to work with the Congress to insure that the Federal Government does its part in the most effective manner through a well-balanced program to support improved animal health research. THE WHITE HOUSE August , 1974 DEPARTMENTOR DEPARTMENT OF AGRICULTURE OFFICE OF THE SECRETARY WASHINGTON, D. C. 20250 August 9, 1974 Honorable Roy Ash Director, Office of Management and Budget Washington, D.C. 20503 Dear Mr. Ash: In reply to the request of your office, the following report is submitted on the enrolled enactment H. R. 11873, the Animal Health Research Act, to encourage and assist the States in carrying out a program of animal health research through grants for research and research facilities needed in solving health problems of livestock, poultry, companion animals, freshwater fish and freshwater shellfish, and needed to improve humane methods of controlling the births of livestock predators and other unwanted animals. This Department recommends that the President approve the bill. The general plan of the Act follows well-proved experience with coopera- tive State-Federal research in agriculture and forestry. It takes advantage of the trained manpower and facilities which are available in the nation's Colleges of Veterinary Medicine and State agricultural experiment stations. It provides for sustaining support and strengthening of the animal health research capacity in each State, recognizing that the more complex problems require persistence unattainable through short-term contracts and grants alone. The Act authorizes grants for specific national and regional animal health problems while providing for con- tinuing funding by a formula distribution based on capacity to perform research and on the value and income of livestock and poultry production (Appendix i). An advisory board to be appointed by the Secretary will determine relative animal health research capacity of eligible institutions and will make recommendations on other matters related to administration of the Act. Animal health is a continuing major concern in the production of food animals (Appendix ii). Diseases and parasites cause an annual loss of about $3.6 billion. This is equivalent to more than 10 percent of the national value or more than 10 percent of the annual income from these animals. The National Academy of Sciences (1972) estimated that disease causes the death of 15 to 20 percent of all farm animals. These losses must ultimately be absorbed by the consumer who purchases the products of animal agriculture, just as he or she must absorb the more direct losses from diseases and parasites of personally owned companion animals. Toward reducing some of these losses, the Department of Agriculture supports animal health research through the Agricultural Research Service and the Cooperative State Research Service (Appendix iii). 2 In its response to congressional inquiry on the Animal Health Research Act and in testimony at congressional hearings, the Department has stated that current legislative authority is adequate to support animal health research needs. However, this bill provides for more precise and continuing support that is closely related to capacities to conduct animal health research and the needs of the livestock industry. The National Academy of Sciences (1972) stated that "the USDA has not supported veterinary research adequately" and that the USDA should develop a "special funding mechanism for veterinary science like the McIntire-Stennis program. The Animal Health Research Act meets this recommendation. It has received overwhelming support in the Congress. To provide half the support for one full-time scientist at the College of Veterinary Medicine with the lowest level of current research capacity (Tuskegee Institute), an appropriation of $5 million would be required. That amount will support six scientists at the College with the highest level of research capacity (Iowa State University College of Veterinary Medicine). A $15 million appropriation represents about 0.04 percent of the 1972 estimated cash receipts of $35.5 billion from livestock and livestock products. Past achievements in the eligible institutions support an expectation that the proposed public investment in research will lead to improved animal health. Such improvement can be expected ultimately to help reduce food costs and otherwise promote the general welfare. We acknowledge that funds appropriated under this Act must be accommo- dated within necessary budget ceilings and with due consideration of all other areas deserving Federal support. Sincerely, a behwash RICHARD A. ASHWORTH Deputy Under Secretary Attachments Appendix 1 Nearly all the publicly supported animal health research resources in the United States are located in 19 Colleges of Veterinary Medicine and 55 State Agricultural Experiment Stations. There is a total of 1,523 full-time equivalents of scientific manpower (SMY) in these in- stitutions, 1190 in the Colleges of Veterinary Medicine, and 333 in the State stations. Nearly 80% of the research currently conducted by these colleges is restricted to human health applications. Support under these limita- tions does not permit investigation and solutions of animal health problems of concern to the livestock and poultry industry. These con- centrations of highly skilled specialists have been made possible by Federal grants for research in the human health field which encourages and supports studies in animals in order to apply results to human medical problems. The Colleges of Veterinary Medicine have the greatest concentration of highly trained animal health research scientists in this country, with the greatest breadth of expertise in the essential disciplines, and the most advanced capabilities in the technology needed to solve complex animal health problems. Appendix ii In a survey (1968) the National Pork Producers' Council found that 71% of the producers regarded health as the problem of greatest concern in their swine production enterprises. Statements express- ing concern over the lack of more intensive research to solve animal health problems recently have been expressed to the Department by the American National Cattlemen's Association, The National Wool Grower's Association, the American Horse Council and the Conference of Research Workers in Animal Diseases. The Council for Research of the American Veterinary Medical Association charged in 1966 that "there is a serious abdication of responsibility by the U.S. Department of Agriculture in supporting animal disease research in the State experiment stations and the veterinary colleges." Appendix iii The Department of Agriculture currently supports animal health re- search through the Agricultural Research Service and the Cooperative State Research Service. In 1973 an estimated total of $23.4 million was programmed for such research, of which about $1.7 million supported research at Colleges of Veterinary Medicine, $2 million supported re- search at the State Agricultural Experiment Stations, and over $19.7 million supported work at Federal laboratories. These figures suggest that the combined Department support of State research at colleges and Experiment Stations is disproportionately low in comparison to support at Federal laboratories and in consideration of the annual value of livestock and poultry produced in the United States which exceeded $34 billion in 1973. The Agricultural Research Service has provided between 15 to 20% of the Department's extramural support for research in animal health through cooperative agreements and contracts (See Table). Such sup- port is for specific studies selected by this Service to selected sci- entists. Duration of support is usually for one year, but may be re- newable annually contingent on availability of funds and continuing Departmental interest in the work area. Ten to fifteen veterinary sci- entists would be supported full-time by the annual amount made available by this Service. The Cooperative State Research Service, which has been the principal USDA source for continuity in funding extramural animal health research, had not provided funds to three of the eighteen Colleges of Veterinary Medicine prior to 1973. Two of these colleges are ineligible for Hatch support (Tuskegee Institute and the University of Pennsylvania). The third veterinary college (Ohio State University) although eligible, has never received Hatch support due to administrative decisions at the local level. Tuskegee received CSRS funds for animal health research for the first time in 1973 through PL 89-106. Five other Veterinary Colleges have received limited funding through the Hatch Regional Re- search Program which provides support for cooperative research on spe- cific projects of limited duration (3 to 5 years). During the nine years in which CSRS has utilized PL 89-106 to further Department pro- grams, a total of 5 grants for animal health research have been placed in four of the Colleges. Facilities funding through PL 88-74 provided no funds to these colleges over the period of its active funding (1965- 1971); however, $377,590 was utilized for animal health research facil- ities in State Experiment Stations. During a period (1966 to 1972) in which increasing concern has been ex- pressed by industry groups over the need for more emphasis on animal health problems, the Department has not been able to respond with any major increases in extramural support for this area. During this period actual scientific effort (SMY) in animal health research declined by Appendix iii (continued) 25% in the State Experiment Stations, the major recipient of Department funds for extramural animal health research. State stations have made efforts to respond to industry needs by increasing State dollar support of animal health research by about 1/3 during the described period. USDA extramural dollar support during this time increased 23%, which is somewhat less than the increased cost of conducting research during the time period (6% annual increase in research costs). In 1966 the USDA provided funds to the 18 veterinary colleges in an amount equivalent to the support of less than 2 full-time scientists per college (33 SMY). At this time the Department supported 213 SMY in its own intramural animal health research programs and 54 SMY equivalents in State Agricul- tural Experiment Stations. With the exception of the general decline in research effort, no substantial shifts have occurred since that time. During 1972 USDA animal health research funds supported 189 intramurally and extramurally 29 in veterinary colleges and 43 in State Agricultural Experiment Stations. Animal Health Research State Agricultural Experiment Stations Sources of Funds 1966 - 1972 1966 1968 1969 1970 1971 1972 CSRS 2,267,000 2,470,000 2,671,000 2,828,000 2,893,000 3,040,000 Other USDA 434,000 678,000 724,000 671,000 619,000 459,000 Other Federal 3,360,000 3,801,000 3,081,000 2,097,000 1,763,000 1,559,000 Industry 629,000 523,000 576,000 608,000 647,000 760,000 State 6,803,000 7,192,000 7,479,000 8,052,000 8,911,000 9,017,000 Total Funds 13,493,000 14,664,000 14,531,000 14,256,000 14,833,000 14,835,000 DEPARTMENT or COMMERCE THE ASSISTANT SECRETARY OF COMMERCE Washington, D.C. 20230 UNITED STATES of AMERICA AUG 8 1974 Honorable Roy L. Ash Director, Office of Management and Budget Washington, D. C. 20503 Attention: Assistant Director for Legislative Reference Dear Mr. Ash: This is in reply to your request for the views of this Department concerning H.R. 11873, an enrolled enactment "To authorize the Secretary of Agriculture to encourage and assist the several States in carrying out a program of animal health research. 11 This Department would have no objection to approval by the President of H.R. 11873, provided that recognition is given to the fact that in the area of improving health and productivity of fresh water fish and shellfish, at least three other government agencies currently have ongoing programs. In order to provide coordination between these various programs, the Secretary of Agriculture should regularly con- sult and cooperate with the heads of the other federal agencies involved. To this end, this Department recommends that the President's signing message include language such as the following: "I recognize that in the area of improved health and productivity of fresh water fish and shellfish, there are several federal agencies currently pursuing on- going programs. The Department of the Interior has an extensive ongoing study related to fish diseases. The Department of Commerce is working on fish inspection programs and also has a research program to protect marine fish and shellfish from diseases. The Department of Health, Education, and Welfare is involved in many activities through the Food and Drug Administration to assure consumer protection from diseases from various food sources. In order to 2 coordinate the activities of the federal agencies involved in the area of improved health and pro- ductivity of fresh water fish and shellfish, I would expect the Secretary of Agriculture to consult and cooperate on a regular basis with the heads of other federal agencies involved, in order to ensure that the American consumer is receiving the utmost protection. " Enactment of this legislation would involve no expenditure of funds by this Department. Sincerely, Tilton H. Dobbin Tilton H. Dobbin Assistant Director for Domestic and International Business NATIONAL SCIENCE FOUNDATION WASHINGTON, D.C. 20550 nsf AUG 8 1974 OFFICE OF THE DIRECTOR Mr. Wilfred H. Rommel Assistant Director for Legislative Reference Office of Management and Budget Washington, D. C. 20503 Dear Mr. Rommel: This is in reply to your memorandum of August 5, 1974 requesting the views of the National Science Foundation on Enrolled Bill H.R. 11873, the Animal Health Research Act. The Foundation has no objection to approval of the Enrolled Bill by the President. Sincerely yours, H. Guyford Stever Director HEALTH OF DEPART any DEPARTMENT DEPARTMENT OF HEALTH, EDUCATION. AND WELFARE USA AUG 7 1974 Honorable Roy L. Ash Director, Office of Management and Budget Washington, D. C. 20503 Dear Mr. Ash: This is in response to Mr. Rommel's request of August 5, 1974, for a report on H.R. 11873, an enrolled bill "To authorize the Secretary of Agriculture to encourage and assist the several States in carrying out a program of animal health research." The enrolled bill does not concern itself with matters within the purview of this Department. We defer to the Secretary of Agriculture with respect to the merits of the enrolled bill. Sincerely, STATEMENT is OF THE United States Department of the Interior OFFICE OF THE SECRETARY March 1849 WASHINGTON, D.C. 20240 3. AUG 7 - 1974 Dear Mr. Ash: This responds to your request for our views on the enrolled bill H.R. 11873, "To authorize the Secretary of Agriculture to encourage and assist the several States in carrying out a program of animal health research." We recommend that the President withhold approval of this bill. Transmitted herewith is a proposed veto message. H.R. 11873 recites that its purpose, among other things, is "to promote the general welfare through improved health and productivity of fresh water fish and shellfish, domestic livestock, poultry, and other income-producing animals so essential to the Nation's food supply and the welfare of producers and consumers of animal products" and "to improve methods of controlling the births of predators and other animals." To accomplish these and other objectives, H.R. 11873 would authorize an appropriation of up to $20,000,000 annually, and an additional $12,000,000 annually to support the cost of providing veterinary medical science research facilities. Although this Department certainly does not oppose the overall objective of H.R. 11873 to assist the States in implementing a program of animal health research, we strongly oppose specific provisions of the enrolled bill as it relates to the control of fish diseases and animal predators. Both of these subjects are within the responsibilities of this Department. Since the authorization of its predecessor agency, the U.S. Commission of Fish and Fisheries in 1871, the Fish and Wildlife Service has had as a primary goal the control of fish diseases, with the National Marine Fisheries Service having the primary interest in shellfish. This effort has grown in relation to the need of the industry. At this time there are two fish laboratories operated by the Fish and Wildlife Service, one of which has provided the training for most of the fish disease specialists in the United States. In addition, CONSERVE AMERICA'S ENERGY Save Energy and You Serve America! 20 colleges and universities offer at least one course in fish diseases; however, none of these courses are associated with a school of veterinary medicine. Historically, veterinary schools have shunned fish diseases because of the necessity of understanding the aquatic environment which is alien to the classical study of veterinary medicine. This is quite under- standable in view of the fact that the value of the poultry industry is $3 billion compared to the whole aquaculture industry which is valued at less than $200 million (this includes bait minnows, ornamen- tal. fish, trout, catfish and crayfish). Another comparison is that while there are 30,000 veterinarians in the United States, there are only '160 members of the Fish Health Section of the American Fisheries Society, 54 of whom are qualified to inspect fish for diseases (two are veterinarians). H.R. 1873 could serve only to seriously jeopardize the existing fish disease programs, diffuse authority in the Federal Government, and create a new budget demand. The veterinary schools would have to recruit fish disease experts. Most would of necessity have to come from existing Federal, State and university research units. Veterinary schools would also have to construct wet labs and other facilities to handle aquatic animals. Sea water and systems to handle it would be required to study shellfish such as shrimp and oysters. Similarly, animals damage control research and operational control programs have been conducted by the Department of the Interior, U.S. Fish and Wildlife Service and its predecessor agencies since the early 1900's. The present program of research and operational control is conducted pursuant to the Animal Damage Control Act of 1931 (7 U.S.C. 426-426b). The President in his environmental message to the 92nd Congress and the 93rd Congress transmitted legislation to give new direction to this important program. The legislation would continue a program of predatory animal damage control under the administration of the Secretary of the Interior and would give increased emphasis to research in new, environmentally safe methods of control. The U.S. Fish and Wildlife Service has an extensive predatory animal research program. In fiscal year 1974, $1.1 million was appropriated to the Service for research in population ecology, development of damage control methods, disease assessment and predator socio-economic studies. For fiscal year 1975, an additional $2 million was in the Presidents budget for assistance to States in the conduct of predator control programs. 2 In summary, H.R. 11873 diffuses authority, encourages needless duplication of research facilities and effort, and authorizes increased and unnecessary spending. Therefore, we would urge the President to veto the bill. Sincerely yours, Assistant Secretary of the Interior Honorable Roy L. Ash Director Office of Management and Budget Washington, D. C. 3 THE WHITE HOUSE RUSH ACTION MEMORANDUM WASHINGTON LOG NO.: 504 Date: August 12, 1974 Time: 2:00 p.m. FOR ACTION: Mike Duval CC (for information): Warren K. Hendriks Jim Cavanaugh Jerry Jones Fred Buzhardt Dave Gergen Bill Timmons FROM THE STAFF SECRETARY DUE: Date: Tuesday, August 13, 1974 Time: 11:00 a.m. SUBJECT: Enrolled Bill H.R. 11873 - Animal Health Research ACTION REQUESTED: For Necessary Action XX For Your Recommendations Prepare Agenda and Brief Draft Reply For Your Comments Draft Remarks REMARKS: Defer on the substance, but note that: Thiswould probably be the first vatoby Pres. Ford. Theissues no major interest appears Likely to be hurt. Itcorld are economy officiency in government + be a good choice for The first Vrto, Please return to Kathy Tindle D.Chapnen West Wing FORD is LIBRARY 078119 PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please Warren K. Hendriks telephone the Stoff Secretary immediately. For the President EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 AUG 12 1974 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 11873 - Animal Health Research Sponsor - Rep. Melcher (D) Montana and 21 others Last Day for Action August 14, 1974 - Wednesday Purpose Authorizes and directs the Secretary of Agriculture to provide up to $47 million annually in categorical grants to State educational institutions for animal health research programs and facilities. Agency Recommendations Office of Management and Budget Disapproval (Veto Message attached) Department of Agriculture Reluctant approval Department of Commerce No objection National Science Foundation No objection Department of Health, Education and Welfare Defers to Agriculture Department of the Interior Disapproval (Veto Message attached) Discussion H.R. 11873 would authorize and direct the Secretary of Agriculture to provide categorical grants to State educa- tional institutions for animal health research programs and facilities. The basic purpose of the research would be (1) to solve health problems of fresh water fish and shellfish, domestic livestock, poultry and other income producing animals, and (2) to promote research on population control of livestock FORD TO THE HOUSE OF REPRESENTATIVES: I am returning today without my approval H.R. 11873, an act authorizing the Secretary of Agriculture to encourage and assist States in carrying out programs of animal health research. I believe, as do proponents of this bill, that veterinary research has helped to make American livestock the healthiest and most productive in the world. We must continue to maintain high standards of research. But I also believe that this bill adds little to the existing programs of the Department of Agriculture and other agencies. We are presently spending over $40 million on programs involving animal health research, and nearly every land grant college and colleges of veterinary medicine in the United States is participating in these programs. This bill, however, would establish a new categorical grant program that would authorize an expenditure of an additional $47 million annually and would be duplicative of many programs that already exist. The overlapping would be especially true of programs in fish and shellfish research and predator control. Because this bill would add further to the Federal taxpayers' burdens without significantly meeting national needs and would only add to inflationary pressures within the economy, I feel that I must withhold my approval. THE WHITE HOUSE, August 14, 1974. H.R. 11873 Ainety-third Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the twenty-first day of January, one thousand nine hundred and seventy-four An Art To authorize the Secretary of Agriculture to encourage and assist the several States in carrying out a program of animal health research. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act shall be known as the Animal Health Research Act. SECTION 1. PURPOSE.-It is the purpose of this Act to promote the general welfare through improved health and productivity of fresh water fish and shellfish, domestic livestock, poultry, and other income- producing animals SO essential to the Nation's food supply and the welfare of producers and consumers of animal products; to prevent disease epidemics that would be disastrous to the American livestock and poultry industries and our food supply; to minimize losses due to sicknesses and diseases of livestock and poultry; to minimize losses of livestock and poultry due to transportation and handling; to protect human health through control of animal diseases transmissible to humans; to improve the health of companion animals which support an industry of major economic importance and which contribute sig- nificantly to the quality of family life; to improve methods of con- trolling the births of predators and other animals; and otherwise to promote the general welfare through expanded programs of research to improve animal health. It is recognized that the total animal health research efforts of the several State colleges and universities and of the Federal Government are more fully effective if there is a close coordination between such programs, and it is further recognized that colleges of veterinary medicine and departments of veterinary sciences and animal pathology, and similar units conducting animal health research in the agricultural experiment stations, are especially vital in the training of research workers in animal health. SEC. 2. In order to carry out the purposes of this Act, the Secretary of Agriculture is hereby authorized to cooperate with the several States for the purpose of encouraging and assisting them in carrying out programs of animal health research at eligible institutions. SEC. 3. DEFINITIONS.-As used in this Act: (a) "Eligible institutions" shall include all accredited colleges of veterinary medicine and at institutions where there is no college of veterinary medicine, agricultural experiment stations eligible to receive assistance under the Hatch Act, as amended in 1955 (69 Stat. 671), which have departments of veterinary science or animal pathology, or similar units conducting animal health research Provided, however, That when a new college of veterinary medicine is formed, the Secre- tary, after consultation with the Advisory Board, shall provide for the orderly transfer of support from the agricultural experiment station to the college of veterinary medicine in that institution. (b) "Dean" shall mean the dean of a college of veterinary medicine. "Director" shall mean director of an agricultural experiment station at institutions where there is no college of veterinary medicine. (c) "State" shall mean all States, Guam, Puerto Rico, and the Virgin Islands. (d) "Secretary" shall mean the Secretary of Agriculture. (e) "Advisory Board" shall mean a Veterinary Medical Science Research Board appointed by the Secretary of Agriculture which shall be constituted of not less than nine nor more than twelve members selected from individuals nominated by and selected SO as to give equal representation to respectively: (1) accredited colleges of veterinary medicine, (2) veterinary science or animal pathology departments or similar units conducting animal health research at other eligible H. R. 11873-2 institutions, and (3) to representatives of national livestock and poul- try organizations. (f) "Animal health research capacity" shall mean the capacity of an eligible institution to conduct research on animal diseases as measured by a formula to be developed and applied by the Secretary with the advice of the Advisory Board. The Secretary's formula will provide a figure for each eligible institution which will be used in determining that institution's relative capacity to perform such research as a per- centage of the total national capacity of all such institutions to conduct animal health research. SEC. 4. (a) To support continuing research programs at eligible institutions, the Congress is hereby authorized to appropriate such funds, not to exceed $20,000,000 annually, as it may determine to be necessary. Funds appropriated under this section shall be used to meet expenses of conducting research, publishing and disseminating the results of such research, of contributing to retirement of employees subject to the provisions of an Act approved March 4, 1940 (54 Stat. 39), of administrative planning and direction, and for the purchase of needed equipment and supplies and the alteration or renovation of buildings necessary for conducting research. (b) Funds appropriated under this section shall be apportioned as follows: (1) Four per centum shall be retained by United States Department of Agriculture for administration, program assist- ance to the States, and program coordination. (2) Forty-eight per centum shall be distributed to eligible institutions in the proportion that the value and income of domes- tic livestock and poultry in each State where such institution is located, bears to the total value and income of domestic livestock and poultry in the United States according to the latest published United States Department of Agriculture statistics. The Secre- tary will determine the total value and income and the propor- tionate value and income of domestic livestock and poultry for each State with guidance of the Advisory Board from the latest inventory of all cattle, sheep, swine, horses, and poultry pub- lished by the United States Department of Agriculture. (3) Forty-eight per centum shall be distributed among the eligible institutions of the States in proportion to the animal health research capacity of the eligible institution or institutions in each State. (c) When the amount available under this section for allotment to any eligible institution on the basis of livestock values and income exceeds the amount for which such institution is eligible on the basis of animal health research capacity, the excess may be used for remodel- ing of old facilities, construction of new facilities, or to increase staff- ing proportionate to the need for added research capacity. (d) When a State has two or more eligible institutions, the funds available for such institutions in that State under this section shall be apportioned between or among those institutions in proportion to their animal health research capacity as defined in section 3 (f). (e) The sums distributed on the basis of proportionate value and income of domestic livestock and poultry (b) (2) above and pro- portionate animal health research capacity (b) (3) above in the first appropriation under this Act and like sums appropriated in subse- quent years shall be based on the latest available data on National and State livestock values and income and research capacities, and H. R. 11873-3 any sums in addition to the initial appropriation level appropriated in subsequent years shall be distributed on the basis of domestic live- stock and poultry values and income and animal health research capacities in the years those additional sums are first appropriated: Provided, That sums available to an eligible institution will not be decreased because of subsequent changes in the proportionate distri- bution of domestic livestock and poultry values and income and animal health research capacities. SEC. 5. (a) To support research on specific national or regional animal health problems, the Congress is hereby authorized to appro- priate such funds, not to exceed $15,000,000 annually, as it shall determine to be necessary. Funds appropriated under this section shall be used to pay costs of conducting research and other costs pro- vided for in section (a) (b) Funds appropriated under this section shall be allocated by the Secretary to eligible institutions for work to be done as mutually agreed upon between the Secretary and the eligible institutions. In developing plans for the use of these funds, the Secretary shall consult the Advisory Board. SEC. 6. (a) To support cost of providing veterinary medical science research facilities, the Congress is hereby authorized to appropriate such sums, not to exceed $12,000,000 annually, as it determines to be necessary. Funds provided under this section shall be used to purchase land, construct or remodel buildings, and to buy and install necessary research and research-related equipment. (b) Funds appropriated under this section shall be apportioned among eligible institutions in the same manner as funds apportioned under section 4(b), except that, to meet specific national or regional animal health research needs, additional funds may be appropriated to provide animal health research facilities at one or more eligible institutions as mutually agreed upon in each case between the Secre- tary and the eligible institution: Provided, That, in developing plans for the use of these additional funds, the Secretary shall consult the Advisory Board. SEC. 7. Sums available for allotment under the terms of this Act shall be paid to each eligible institution at such times and in such amounts as shall be determined by the Secretary. Funds shall remain available for payment of unliquidated obligations for one additional fiscal year following the year of appropriation, except that funds appropriated under section 6 shall remain available for payment, at the option of an eligible institution, for a period of not more than two fiscal years following the fiscal year of appropriation plus the one additional year for payment of unliquidated obligations. SEC. 8. When the Secretary determines that an eligible institution is not eligible to receive its allotment of funds because of a failure to satisfy requirements of this Act or regulations issued under it, the Secretary shall withhold such amounts; the facts and reasons therefor shall be reported to the President and the amount involved shall be kept separate in the Treasury until the close of the next Congress. If the next Congress shall not direct such sum to be paid it shall be carried to surplus. SEC. 9. (a) The dean or director of each eligible institution will have prepared local project proposals for research on priority problems of animal health which comply with the purpose in section 1 and for use as specified in section 4(a) and with general guidelines for project H. R. 11873-4 eligibility to be provided by the Secretary with the advice of the Advisory Board. Research proposals approved by the dean or director will be submitted to the Secretary with a brief outline abstract sum- mary which will reveal compliance with the purpose of this Act and the Secretary's general guidelines. (b) Each dean or director shall also submit a brief annual report of research accomplishments on a project-by-project basis and he shall account for all funds allotted to his institution under the pro- visions of this Act at such times and on such forms as the Secretary shall prescribe. If any portion of the allotted moneys received shall by any action or contingency be diminished, lost, or misapplied, it shall be replaced by the State concerned and until SO replaced, no subsequent appropriation shall be allotted or paid to said college or university. SEC. 10. (a) The Secretary is authorized to prescribe such rules and regulations as may be necessary to carry out the provisions of this Act and to furnish such advice and assistance as will best promote the purposes of this Act. The Secretary is further directed to appoint the Advisory Board. (b) The Advisory Board, in addition to providing consultation and advice to the Secretary as provided elsewhere in this Act, shall meet at least annually to advise the Secretary with respect to administra- tion and implementation of this Act and to recommend priorities for conduct of research programs authorized under this Act. The Advi- sory Board shall continue for the duration of this Act. (c) Each recipient of Federal assistance under this Act, pursuant to grants, subgrants, contracts, subcontracts, loans, or other arrange- ments, entered into other than by formal advertising, and which are otherwise authorized by this Act, shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, the amount of that por- tion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (d) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall, until the expiration of three years after completion of the project or under- taking referred to in subsection (c) of this section, have access for the purpose of audit and examination to any books, documents, papers, and records of such recipients which in the opinion of the Secretary or the Comptroller General may be related or pertinent to the grants, subgrants, contracts, subcontracts, loans, or other arrangements referred to in subsection (c). SEC. 11. The amount paid by the Federal Government to any eligible institution for assistance under this Act, exclusive of the funds paid for research on specific national or regional animal health problems authorized by sections 5 and 6, shall be in an amount not to exceed $100,000 in addition to an amount not to exceed during any fiscal year the amount available to and budgeted for expenditure by such institu- tion during the same fiscal year for animal health research from non-Federal sources. The Secretary is authorized to make such expend- itures on the certificate of the appropriate official of the institution having charge of the animal health research for which the expenditures H. R. 11873-5 as herein provided are to be made. If any of the institutions certified for receipt of funds under this Act fails to make available and budget for expenditure for animal health research in any fiscal year sums at least as much as the amount for which it would be eligible for such year under this Act, the difference between the Federal funds available and the funds made available and budgeted for expenditure by the institution shall be reapportioned by the Secretary to other eligible institutions of the same State if there be any which qualify therefor and, if there be none, the Secretary shall reapportion such differences to the qualifying institutions of other States participating in the animal health research program. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. Calendar No. 725 93D CONGRESS SENATE REPORT 2d Session No. 93-751 ANIMAL HEALTH RESEARCH ACT MARCH 26, 1974.-Ordered to be printed Mr. ALLEN, from the Committee on Agriculture and Forestry, submitted the following REPORT [To accompany H.R. 11873] The Committee on Agriculture and Forestry, to which was referred the bill (H.R. 11873) to authorize the Secretary of Agriculture to encourage and assist the several States in carrying out a program of animal health research having considered the same, reports favorably thereon with amendments and recommends that the bill (as amended) do pass. PURPOSE OF LEGISLATION The purpose of this bill is to place increased emphasis on and pro- vide added funding for animal health research within the struc- ture of our Federal-State university veterinary medical institutions and agricultural experiment stations. The specific objectives of the legislation include (1) improving the health and productivity of fresh water fish and shellfish, domestic livestock, poultry, and other income-producing animals; (2) pre- venting disease epidemics; (3) minimizing losses due to sicknesses and diseases and transportation and handling of livestock and poultry; (4) protecting human health through control of animal diseases transmissible to humans; (5) improving the health of companion animals; (6) improving methods of controlling the birth of predators and other animals. SHORT EXPLANATION (1) The grant recipients under this legislation would be the col- leges of veterinary medicine or, at institutions where there are no colleges of veterinary medicine, the State agricultural experiment stations conducting animal health research. (1) FORD 99-010 2 3 There would be a formula for distribution of funds based in each: on COMMITTEE CONSIDERATION the State value and based on the animal health research capacity at (2) of and income generated by livestock and poultry the eligible This bill to promote increased and improved animal health research institution institutions in each State. was first introduced by the late Senator Allen J. Ellender, former In addition, or there would be grants to eligible institutions for Chairman of the Committee on Agriculture and Forestry, in June research (3) specific national or regional animal health problems. of 1972. However, because this bill, S. 3749, was introduced late in (4) There on would be a total ceiling on annual authorizations of $75 the 92nd Congress no action was taken on it. million. This would be broken down into This legislation was again introduced as S. 1388 in the 93d Congress (a) (b) $20 million authorization for specific national or regional $40 million for the basic authorization for research; by the current Chairman of the Senate Committee on Agriculture and Forestry with the co-sponsorship of all of the Members of the animal health problems; and Committee. Hearings were held on S. 1388 on September 27, 1973. (3) $15 million authorization for land, buildings, and equip- A number of witnesses testified and others filed statements for the hearing record. The bill received overwhelming support, with only ment. There would be an Advisory Board to be appointed by research the Sec- the Department of Agriculture opposed to it. (5) to make recommendations concerning animal health and On October 10, 1973, the Subcommittee on Agricultural Research retary capacity of eligible institutions, animal health research Act. priorities, and General Legislation, chaired by Senator Allen, held an Executive other matters related to the administration of the Session to consider S. 1388. However, it was unable to act because of the lack of a quorum. At this meeting the Committee Counsel pointed NEED FOR LEGISLATION out several technical problems with the bill. Chairman Allen asked the who appeared before the Subcommittee on Agricultural documented Counsel to work with the U.S. Department of Agriculture and other Witnesses and General Legislation on September 27, 1973, for animal interested groups to draft a perfected version of the bill. The Coun- Research unmet need for increased Federal assistance W. Long sel did this and on November 15, 1973, a Committee Print was pub- the great research. Assistant Secretary of Agriculture Robert estimated lished which incorporated several technical and conforming amend- health that animal diseases are costly and persistent. He exceed $3.6 ments, many of which were suggested by the USDA. testified annual losses from animal diseases and parasites Academy Concurrently, the House Agriculture Committee proceeded to have billion. that He quoted the 1972 Terry Report of the National high hearings on the companion House bill to S. 1388. On January 24, 1974, of Sciences, which estimated that losses of all animals run as the House Agriculture Committee reported a clean bill, H.R. 11873, to the House and this bill was passed by the House on February 7. as 20 15 to Animal percent. and Plant Health Inspection Service of the million USDA Since the House Committee had adopted the technical corrections of The total of 423,000 animals and animal parts and 404 in the Senate Committee Print, there were few differences between the reported of a poultry condemned as unfit for human consumption large House bill and the corrected Senate version. The House did adopt some pounds fiscal 1972. This loss due to animal diseases looms quite marketed substantive amendments which were considered by the Subcommittee when was 169 we million and the total pounds of live poultry year consider that in 1972 the total of meat animals marketed was on Agricultural Research and General Legislation on March 12, 1974. The first amendment adopted by the House was an amendment to include in the purposes of the legislation the improvement of the 1.2 billion pounds. In to question by a subcommittee member, the indicated representa- that method of controlling the births of predators and other animals. The subcommittee agreed to this amendment. tive had properly funded program of animal health of response the American a Veterinary Medical Association research, we Second, the House adopted amendments placing ceilings on the level if could we cut in a half our present annual losses of livestock and poultry, of appropriations to carry out the expanded animal research effort in future years. The total ceiling would have been $45 million annually which exceed $3.6 billion. While the Committee was aware that currently the Department research, ($20 million for Section 4. $15 million for Section 5, and $10 million for of it felt that the present expenditures are far from adequate. Agriculture does program some funds for animal health The Section 6). The Subcommittee on Agricultural Research and General Legislation amended the House bill to increase the ceiling to $75 mil- Committee felt that with the current worldwide shortage investment of protein lion annually ($40 million for Section 4, $20 million for Section 5, and $15 million for Section 6). to food, provide more Federal funds for eliminating the billions which especially animal protein, that it would be a wise of dollars Third, the House adopted a "state sharing" formula under which annual losses in the livestock and poultry industry are of the amount paid by the Federal government to any eligible institu- of caused by animal diseases. Moreover, it felt that the seriousness the tion in excess of $100,000 would be matched from non-Federal sources the problem and the fact that funds would be dispersed among ceiling on a 50-50 basis. This matching requirement would not apply to funds several States necessitated an increase in the authorization Committee paid for research on specific national or regional animal health prob- increased of the the $45 million authorization level of the House House-passed bill. It was for this reason that the bill to lems. The subcommittee adopted this House amendment. In addition. the subcommittee adopted three other amendments. It amended the bill to eliminate the local review committees authorized $75 million. S.R. 751 S.R. 751 5 4 to review local project proposals for research on priority problems. It research. The specific stated objectives include (1) improving the health and productivity of fresh water fish and shellfish, domestic was the feeling of the subcommittee that these local committees would livestock, poultry, and other income-producing animals; (2) prevent- only have resulted in more red tape and would serve no useful purpose. ing disease epidemics; (3) minimizing losses due to sicknesses and Second, the subcommittee adopted an amendment to add to the pur- poses of the legislation research to minimize losses of livestock and diseases and transportation and handling of livestock and poultry; (4) protecting human health through control of animal diseases trans- poultry that occur in transportation and handling. missible to humans; (5) improving the health of companion animals; Third, the subcommittee adopted an amendment suggested by the General Accounting Office to require the keeping of records by grant other animals. and (6) improving methods of controlling the births of predators and recipients and to require that the Secretary of Agriculture and the Section 2. Cooperation with States Comptroller General be given access to these reports. On March 20, the full Committee on Agriculture and Forestry con- Section 2 authorizes the Secretary of Agriculture to cooperate with sidered the legislation reported by the subcommittee. It approved the animal health research at eligible institutions. the states to encourage and assist them in carrying out programs of subcommittee bill, with the addition of two amendments. It amended the legislation to include fresh water fish and shellfish in the definition Section 3. Definitions of animals for which research is to be carried out under the bill. Also, the Committee accepted an amendment to authorize the Secre- Subsection (a).-"Eligible institutions" is defined as including all accredited colleges of veterinary medicine and, at institutions where tary of Agriculture to conduct an inventory on horses. Under Section 4 of the bill, funds are to be apportioned, in part, according to the pro- there is no college of veterinary medicine, agricultural experiment sta- portionate value and income of domestic livestock and poultry in each tions which have departments of veterinary science, animal pathology, or similar units conducting animal health research. When a new col- State. In determining the total value and income and the proportionate lege of veterinary medicine is formed, the Secretary, after consulta- value and income of domestic livestock and poultry for each State, the Secretary is authorized to use the latest inventory of all cattle, sheep, tion with the Advisory Board, is to provide for the orderly transfer swine, horses, and poultry published by the USDA. While inventories veterinary medicine. of support from the agricultural experiment station to the college of are published for other animals, no such inventory is published for horses. Therefore, the Committee feels that it is necessary that a horse Subsection (b) .-"Dean" is defined as the dean of a college of veter- inventory be carried out by the Secretary in order to facilitate the inary medicine. "Director" is defined as the director of an agricultural proper administration of the animal health research program. inary medicine. experiment station at an institution where there is no college of veter- The Department of Agriculture discontinued estimating horses on farms in 1960 because of the declining horse population on farms. Puerto Rico, and the Virgin Islands. Subsection (c).-State" is defined as including all the states, Guam, Pleasure horses were not included in the earlier series of estimates, and the large expansion of horses since that time has been this segment Subsection (d).-Secretary" is the Secretary of Agriculture. of the industry. ical Science Research Board consisting of not less than nine or more Subsection "Advisory Board" is defined as a Veterinary Med- At the request of the National Horse Industry Advisory Committee, the Statistical Reporting Service of the Department of Agriculture than twelve members appointed by the Secretary. The members of the prepared a description of a national equine statistics program which, credited colleges of veterinary medicine; (2) veterinary science or Board are to be selected SO as to give equal representation to (1) ac- when implemented and completed, would provide the total equine population by major breeds and primary uses. This information would stock and poultry organizations. health research at other eligible institutions; and (3) national live- animal pathology departments or similar units conducting animal give the Secretary the ability to determine income and value with re- gard to horses SO that funds could be properly apportioned under the bill. Subsection Animal health research capacity" is defined The proposed national horse estimating program to be conducted by the capacity of an eligible institution to conduct research on animal as the U.S. Department of Agriculture would cover the 48 conterminous States: it would provide State estimates annually for about one-third by the Secretary with the advice of the Advisory Board. The formula diseases. Such capacity is to be measured by a formula to be developed of the States, a combined estimate for the other States, and a 48-State will provide a figure for each eligible institution to be used in deter- total. State estimates will be rotated SO a cross-section of the United mining that institution's relative capacity to perform animal health States will be covered each year. The survey will feature probability institutions. research as a percentage of the total national capacity of all such sampling. Lists of horse owners and land area survey procedures will be used in the development of a multiple-frame sample. Section 4. Continuing research programs at eligible institutions Subsection (a) authorizes such appropriations as necessary, not to SECTION-BY-SECTION ANALYSIS at eligible institutions. The funds appropriated pursuant to this exceed $40,000,000 annually, to support continuing research programs Section 1. Purpose Section 1 provides that the general purpose of the bill is to promote tion are to be used to meet the expenses of (1) conducting research; sec- the general welfare through expanded programs of animal health (2) publishing and disseminating the results of such research; (3) S.R. 751 7 6 administrative contributing planning and direction; (5) the purchase of buildings. to retirement of employees pursuant to 7 U.S.C. of 331; equip- (4) to provide research facilities at one or more eligible institutions in order to meet specific national or regional animal health research ment and supplies; and (6) the alteration or renovation to needs. Such additional funds will be made available as mutually agreed Subsection (b) provides that the funds appropriated pursuant upon between the Secretary and the eligible institutions upon con- sultation with the Advisory Board. section 4 are Four to be percent apportioned is to be as follows: retained by the Department of Agri- and Section 7. Period when funds are available culture (1) for administration, program assistance to the states, Section 7 provides that the Secretary is to determine in what program coordination; amounts and at what times funds appropriated and available for al- (2) in the proportion that the value and income of located Forty-eight percent is to be distributed to the eligible domestic in- lotment pursuant to the Act will be paid to the eligible institutions. Funds would remain available to the institutions for the payment of stitutions livestock and poultry in the state where the institution is unliquidated obligations for one additional fiscal year following the bears to the total value and income of domestic livestock and poul- fiscal year of appropriation, except that funds appropriated under try in the United States; and section 6 would remain available for payment of unliquidated obliga- The remaining forty-eight percent is to be distributed to their tions, at the option of the institutions, for a period of three additional among (3) the eligible institutions in each state in proportion years following the fiscal year of appropriation. Subsection (c) provides that when an eligible institution receives which animal health research capacity. Section 8. Withholding of funds by the Secretary allotment of funds based on livestock values and income the Section 8 authorizes the Secretary to withhold an eligible institu- an than the amount for which the institution is eligible on be tion's allotment of funds when he makes a determination of ineligibil- is larger of animal health research capacity, the excess funds may in- ity because of a failure to satisfy the requirements of the Act or the basis used for remodeling old facilities, constructing new facilities, or Secretary's regulations issued under it. The reasons for the withhold- creasing staffing to add needed research capacity. ing must be reported to the President. Withheld funds are to be Subsection (d) provides that if two or more eligible institutions section 4 kept separate in the Treasury until the close of the next Congress. They located in the same state, the funds available under their will then be carried to surplus unless the next Congress directs that are are to be apportioned among those institutions in proportion to such funds are to be paid. animal health research capacity. Subsection (e) provides that funds shall be distributed on the basis eli- Section 9. Local project proposals and reports the latest available data. However, sums made available to an in Subsection (a) provides that the dean or director of each eligible the gible proportionate distribution of livestock and poultry of institution will not subsequently be reduced due to values changes and institution is to have prepared local project proposals for research on priority problems within the purposes of section 1 and for use as speci- fied in section (a). The Secretary, with the advice of the Advisory income and animal health research capacities. Subsection (f) authorizes the Secretary to conduct an inventory of Board, is to establish general guidelines for project eligibility. Research proposals must be submitted to the Secretary. all horses in the United States. Subsection (b) provides that each dean or director must submit an Section 5. Research on specific national or regional problems annual report of research accomplishments and account for all funds Subsection (a) authorizes such appropriations as necessary, national not to allotted to his institution in such manner as the Secretary may pre- exceed $20,000,000 annually, to support research on specific scribe. If any funds are diminished, lost, or misapplied, they must be duct or research and pay the other items of cost specifically regional animal health problems. The funds are to be used listed to con- in replaced by the state concerned before any additional sums are al- lotted to the institution concerned. section 4(a). Subsection (b) provides that the funds appropriated under section Section 10. Rulemaking authority and recordkeeping requirements 5 to be allocated to eligible institutions for work to be done as mu- Subsection (a) authorizes the Secretary to prescribe such rules and tually are agreed upon between the Secretary and the eligible institutions. regulations as may be necessary to carry out the provisions of the The Advisory Board is to be consulted in developing such plans. Act. Subsection (b) provides that the Advisory Board appointed by the Section 6. Veterinary medical science research facilities Secretary is to meet at least annually to advise the Secretary and Subsection (α) authorizes such appropriations as necessary, not to recommend research priorities. exceed $15,000,000 annually. to support the cost of providing veterinary Subsection (c) provides that each recipient of grants under the medical science research facilities. The funds are to be used to pur- Act shall keep such records as the Secretary may prescribe. chase land, construct or remodel buildings, and buy and install neces- Subsection (d) authorizes the Secretary and the Comptroller Gen- sary research equipment. eral to have access to the records maintained by recipients. 6 to be apportioned in the same manner as those apportioned Subsection (b) provides that the funds appropriated under section Section 11. atching requirement under are section 4(b). However, additional funds may be apportioned Section 11 provides that the amount of funds which may be allotted S.R. 751 to any eligible institution during a fiscal year, exclusive of the funds S.R. 751 8 paid for research on specific national or regional problems under sec- not 9 tions 5 and 6, may not exceed $100,000 in addition to an amount to exceed the amount of non-Federal funds which the institution budg- SUPPLEMENT TO REPORT ON S. 1388, ANIMAL HEALTH RESEARCH ACT ets for expenditures for animal health research during that fiscal year. Suggested Amendments Page 3, line 1, strike out "at institutions" and insert "in States." COST ESTIMATE Page 3, lines 9 through 11, strike out all words after "support" and In accordance with section 252 of the Legislative Reorganization insert "from the agricultural experiment station to the college of Act of 1970, the Committee estimates that the costs to be incurred by veterinary medicine in that State." the Federal Government in carrying out the bill in the current and Page 3, line 16, strike out "and Puerto Rico," add a comma after the five subsequent years would not exceed $75 million annually, the "States" and add "Guam, Puerto Rico and the Virgin Islands." total appropriations ceiling set forth in H.R. 11873. The Committee this Page 5, line 5, strike out "eligible institutions" and insert "the does not, however, contemplate that expenditures would reach States," and lines 6 and 7, strike out "where such institution is located." ceiling immediately because of the need for time to plan and prepare Page 5, lines 5, 7, and 11, add "and income" after "value." carefully for the expanded program of animal health research. Page 5, line 18, strike out "each State." and insert "the eligible insti- tution or institutions in each State." DEPARTMENTAL VIEWS Page 5, lines 19 through 22, strike out all of subsection (4) and insert a new subsection as follows: The following letter from the Department of Agriculture opposes (c) When the amount available under this section for allotment the enactment of the bill: to any State on the basis of livestock values and income exceeds DEPARTMENT OF AGRICULTURE, the amount for which the State is eligible on the basis of animal OFFICE OF THE SECRETARY, health research capacity, the excess may be used for remodeling Washington, D.C., October 10, 1973. of old facilities, construction of new facilities, or to increase staffing proportionate to the need for added research capacity. Hon. H. E. TALMADGE, Chairman, Committee on Agriculture and Forestry, Page 5, line 23, strike out " (5)" and insert '(d)." U.S. Senate, Washington, D.C. Page 6, line 4, strike out (6) and insert "(e)." DEAR MR. CHAIRMAN This is in reply to your request of March 30, of Page 6, lines 5, 10, 13, and 18, add "and income" after "value" or 1973, for a report on S. 1388, a bill "To authorize the Secretary out "values." Agriculture to encourage and assist the several States in carrying Page 6, line 17, delete "value" and replace with "distribution." Page 6, line 5, strike out (4)" and insert "(2)." a program of animal health research." The Department recommends that this bill not be enacted. Adequate Page 6, line 7, strike out (5) and insert (3)." legislative authority now exists by which the Department can carry Page 7, lines 23 through 25 and page 8, lines 1 through 5, strike out out the essential features which would be provided in this bill. all of Sec. 7 and insert a new section as follows: health holds in this Nation's agricultural economy and the need for The Department is well aware of the importance which animal SEC. 7. Sums available for allotment under the terms of this Act shall be paid to each eligible institution at such times and in such continuing support of animal health research. The specific provisions amounts as shall be determined by the Secretary. Funds shall re- of S. 1388, however, would present a number of problems which we main available for payment of unliquidated obligations for one feel can be avoided by continuing to fund animal health research additional fiscal year following the year of appropriation, except under our current programs, including Public Law 89-106, as we now that funds appropriated under section 6 shall remain available for fund the Black Colleges of 1890. The formula proposed in S. 1388 payment, at the option of an eligible institution, for a period of does not take into account the income from livestock which would not more than two fiscal years following the fiscal year of appro- significantly alter allocation among States. Provision for matching priation plus the one additional year for payment of unliquidated ment in our other programs-is omitted. And the determination of funds-a very important feature assuring strength and State commit- obligations. Page 9, line 18, insert "in addition to providing consultation and research capacity of institutions as a basis for allocation could be advice to the Secretary as provided elsewhere in this Act" following "Board." highly subjective. There are, in addition, many technical improve- Page 9, line 21, add, "The Advisory Board shall continue for the ments that would be necessary in the language. duration of this Act." For the reasons stated, and in recognition of the existing support Add a new section as follows: programs relating to animal health, the Department does not favor SEC. 11. The amount paid by the Federal Government to any the enactment of S. 1388. eligible institution for assistance under this Act, exclusive of the Sincerely, J. PHIL CAMPBELL, funds paid for research on specific national or regional animal Under Secretary. health problems authorized by section 5, shall not exceed during any fiscal year the amount available to and budgeted for expendi- Enclosure. S.R. 751 ture by such institution during the same fiscal year for animal 10 health research from non-Federal sources. The Secretary is au- thorized to make such expenditures on the certificate of the appro- priate official of the institution having charge of the animal health research for which the expenditures as herein provided are to be made. If any or all of the institutions certified for receipt of funds under this Act fails to make available and budget for ex- penditure for animal health research in any fiscal year sums at least as much as the amount for which it would be eligible for such year under this Act, the difference between the Federal funds available and the funds made available and budgeted for expenditure by the institution shall be reapportioned by the Secretary to other eligible institutions of the same State if there be any which qualify therefor and, if there be none, the Secretary shall reapportion such differences to the qualifying institutions of other States participating in the animal health research program. Purpose of Amendments The proposed amendments are intended principally to clarify the provisions of the Act with respect to allocation of funds, to provide a more equitable basis for their formula distribution, and to require matching of certain amounts paid. Major changes suggested are: (1) to clarify that funds are allocated to States rather than institutions, under Sec. 4; (2) to include income from sale of livestock along with value of livestock in developing the allocations; (3) to eliminate the complication of special grant funding under the formula program of Sec. 4; (4) to require matching from non-Federal sources of all pay- ments except those made for research on national and regional prob- lems under Sec. 5. Other amendments will bring Guam and the Virgin Islands (which now have land-grant status) under the Act and clarify the language on availability of funds and on the Advisory Board. S.R. 751 93D CONGRESS HOUSE OF REPRESENTATIVES REPORT 2d Session No. 93-1167 ANIMAL HEALTH RESEARCH ACT JUNE 28, 1974.-Ordered to be printed Mr. POAGE, from the committee of conference, submitted the following CONFERENCE REPORT [To accompany H.R. 11873] The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H.R. 11873) to authorize the Secretary of Agriculture to encourage and assist the several States in carrying out a program of animal health research, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the House recede from its disagreement to the amendments of the Senate and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the Senate amend- ments insert the following: That this Act shall be known as the Animal Health Research Act. SECTION 1. PURPOSE.-It is the purpose of this Act to promote the general welfare through improved health and productivity of fresh water fish and shellfish, domestic livestock, poultry, and other income-producing animals so essential to the Nation's food supply and the welfare of pro- ducers and consumers of animal products; to prevent disease epidemics that would be disastrous to the American livestock and poultry industries and our food supply; to minimize losses due to sicknesses and diseases of livestock and poultry; to minimize losses of livestock and poultry due to transportation and handling; to protect human health through control of animal diseases transmissible to humans; to improve the health of com- panion animals which support an industry of major economic importance and which contribute significantly to the quality of family life; to improve methods of controlling the births of predators and other animals; and otherwise to promote the general welfare through expanded programs of research to improve animal health. It is recognized that the total animal 99-006 2 3 health research efforts of the several State colleges and universities and of contributing to retirement of employees subject to the provisions of an Act the Federal Government are more fully effective if there is a close coordina- approved March 4, 1940 (5.4 Stat. 39), of administrative planning and tion between such programs, and it is further recognized that colleges of direction, and for the purchase of needed equipment and supplies and the veterinary medicine and departments of veterinary sciences and animal alteration or renovation of buildings necessary for conducting research and pathology, and similar units conducting animal health research in the for carrying out the provisions of subsection (f). agricultural experiment stations, are especially vital in the training of (b) Except as provided is subsection (f) of this section, funds appro- research workers in animal health. priated under this section shall be apportioned as follows: SEC. 2. In order to carry out the purposes of this Act, the Secretary of (1) Four per centum shall be retained by the United States Depart- Agriculture is hereby authorized to cooperate with the several States for ment of Agriculture for administration, program assistance to the the purpose of encouraging and assisting them in carrying out programs States, and program coordination. of animal health research at eligible institutions. (2) Forty-eight per centum shall be distributed to eligible insti- SEC. 3. DEFINITIONS.-As used in this Act: tutions in the proportion that the value and income of domestic live- (a) "Eligible institutions" shall include all accredited colleges of veteri- stock and poultry in each State where such institution is located, nary medicine and at institutions where there is no college of veterinary bears to the total value and income of domestic livestock and poultry in medicine, agricultural experiment stations eligible to receive assistance the United States according to the latest published United States under the Hatch Act, as amended in 1955 (69 Stat. 671), which have Department of Agriculture statistics. The Secretary will determine the departments of veterinary science or animal pathology, or similar units total value and income and the proportionate value and income of conducting animal health research: Provided, however, That when a new domestic livestock and poultry for each State with guidance of the college of veterinary medicine is formed, the Secretary, after consultation Advisory Board from the latest inventory of all cattle, sheep, swine, with the Advisory Board, shall provide for the orderly transfer of support from the agricultural experiment station to the college of veterinary Agriculture. horses, and poultry published by the United States Department of medicine in that institution. (3) Forty-eight per centum shall be distributed among the eligible (b) "Dean" shall mean the dean of a college of veterinary medicine. institutions of the States in proportion to the animal health research "Director" shall mean director of an agricultural experiment station at capacity of the eligible institution or institutions in each State. institutions where there is no college of veterinary medicine. (c) When the amount available under this section for allotment to any (c) "State" shall mean all States, Guam, Puerto Rico, and the Virgin eligible institution on the basis of livestock values and income exceeds the Islands. amount for which such institution is eligible on the basis of animal health (d) "Secretary" shall mean the Secretary of Agriculture. research capacity, the excess may be used for remodeling of old facilities, (e) "Advisory Board" shall mean a Veterinary Medical Science construction of new facilities, or to increase staffing proportionate to the Research Board appointed by the Secretary of Agriculture which shall be need for added research capacity. constituted of not less than nine nor more than twelve members selected (d) When a State has two or more eligible institutions, the funds avail- from individuals nominated by and selected so as to give equal representa- able for such institutions in that State under this section shall be appor- tion to respectively: (1) accredited colleges of veterinary medicine, (2) tioned between or among those institutions in proportion to their animal veterinary science or animal pathology departments or similar units health research capacity as defined in section 3 (f). conducting animal health research at other eligible institutions, and (e) The sums distributed on the basis of proportionate value and income (3) to representatives of national livestock and poultry organizations. of domestic livestock and poultry (b) (2) above and proportionate animal (f) "Animal health research capacity" shall mean the capacity of an health research capacity (b) (3) above in the first appropriation under this eligible institution to conduct research on animal diseases as measured Act and like sums appropriated in subsequent years shall be based on the by a formula to be developed and applied by the Secretary with the advice latest available data on National and State livestock values and income and of the Advisory Board. The Secretary's formula will provide a figure research capacities, and any sums in addition to the initial appropriation for each eligible institution which will be used in determining that in- level appropriated in subsequent years shall be distributed on the basis of stitution's relative capacity to perform such research as a percentage of domestic livestock and poultry values and income and animal health the total national capacity of all such institutions to conduct animal research capacities in the years those additional sums are first appro- health research. priated: Provided, That sums available to an eligible institution will not SEC. 4. (a) To support continuing research programs at eligible institu- be decreased because of subsequent changes in the proportionate distribution tions, the Congress is hereby authorized to appropriate such funds, not to of domestic livestock and poultry values and income and animal health exceed $21,125,000 annually during each of the three fiscal years beginning research capacities. June 30, 1974, and ending July 1, 1977, and $20,000,000 annually for (f) The Secretary is authorized to conduct an inventory of all horses in each fiscal year thereafter, as it may determine to be necessary. Funds the United States during each of the three fiscal years beginning July 1, appropriated under this section shall be used to meet expenses of conducting 1974, and ending June 30, 1977: Provided, That of the amount authorized research, publishing and disseminating the results of such research, of by subsection (a) of this section, there are hereby authorized to be appro- H.R. 1167 H.R. 1167 4 5 priated not to exceed $1,250,000 annually for the purposes of carrying (b) Each dean or director shall also submit a brief annual report of out the provisions of this subsection. research accomplishments on α project-by-project basis and he shall account SEC. 5. (a) To support research on specific national or regional animal for all funds allotted to his institution under the provisions of this Act at health problems, the Congress is hereby authorized to appropriate such such times and on such forms as the Secretary shall prescribe. If any funds, not to exceed $15,000,000 annually, as it shall determine to be portion of the allotted moneys received shall by any action or contingency necessary. Funds appropriated under this section shall be used to pay be diminished, lost, or misapplied, it shall be replaced by the State con- costs of conducting research and other costs provided for in section 4(a). cerned and until so replaced, no subsequent appropriation shall be allotted (b) Funds appropriated under this section shall be allocated by the or paid to said college or university. Secretary to eligible institutions for work to be done as mutually agreed SEC. 10. (a) The Secretary is authorized to prescribe such rules and upon between the Secretary and the eligible institutions. In developing regulations as may be necessary to carry out the provisions of this Act and plans for the use of these funds, the Secretary shall consult the Advisory to furnish such advice and assistance as will best promote the purposes Board. of this Act. The Secretary is further directed to appoint the Advisory SEC. 6. (a) To support cost of providing veterinary medical science Board. research facilities, the Congress is hereby authorized to appropriate such (b) The Advisory Board, in addition to providing consultation and sums, not to exceed $12,000,000 annually, as it determines to be neces- advice to the Secretary as provided elsewhere in this Act, shall meet at sary. Funds provided under this section shall be used to purchase land, least annually to advise the Secretary with respect to administration and construct or remodel buildings, and to buy and install necessary research implementation of this Act and to recommend priorities for conduct of and research-related equipment. research programs authorized under this Act. The Advisory Board shall (b) Funds appropriated under this section shall be apportioned among continue for the duration of this Act. eligible institutions in the same manner as funds apportioned under (c) Each recipient of Federal assistance under this Act, pursuant to section 4(b), except that, to meet specific national or regional animal grants, subgrants, contracts, subcontracts, loans, or other arrangements, health research needs, additional funds may be appropriated to provide entered into other than by formal advertising, and which are otherwise animal health research facilities at one or more eligible institutions as authorized by this Act, shall keep such records as the Secretary shall mutually agreed upon in each case between the Secretary and the eligible prescribe, including records which fully disclose the amount and disposi- institution: Provided, That, in developing plans for the use of these ad- tion by such recipient of the proceeds of such assistance, the total cost of ditional funds, the Secretary shall consult the Advisory Board. the project or undertaking in connection with which such assistance is SEC. 7. Sums available for allotment under the terms of this Act shall be given or used, the amount of that portion of the cost of the project or paid to each eligible institution at such times and in such amounts as shall undertaking supplied by other sources, and such other records as will be determined by the Secretary. Funds shall remain available for payment of facilitate an effective audit. unliquidated obligations for one additional fiscal year following the year of (d) The Secretary and the Comptroller General of the United States, appropriation, except that funds appropriated under section 6 shall or any of their duly authorized representatives, shall, until the expiration remain available for payment, at the option of an eligible institution, for a of three years after completion of the project or undertaking referred to in period of not more than two fiscal years following the fiscal year of appro- subsection (c) of this section, have access for the purpose of audit and priation plus the one additional year for payment of unliquidated examination to any books, documents, papers, and records of such recip- obligations. SEC. 8. When the Secretary determines that an eligible institution is not ients which in the opinion of the Secretary or the Comptroller General may be related or pertinent to the grants, subgrants, contracts, subcon- eligible to receive its allotment of funds because of a failure to satisfy tracts, loans, or other arrangements referred to in subsection (c). requirements of this Act or regulations issued under it, the Secretary shall SEC. 11. The amount paid by the Federal Government to any eligible withhold such amounts; the facts and reasons therefor shall be reported to institution for assistance under this Act, exclusive of the funds paid for the President and the amount involved shall be kept separate in the Treasury research on specific national or regional animal health problems authorized until the close of the next Congress. If the next Congress shall not direct by sections 5 and 6, shall be in an amount not to exceed $100,000 in addi- such sum to be paid it shall be carried to surplus. tion to an amount not to exceed during any fiscal year the amount available SEC. 9. (a) The dean or director of each eligible institution will have to and budgeted for expenditure by such institution during the same prepared local project proposals for research on priority problems of fiscal year for animal health research from non-Federal sources. The animal health which comply with the purpose in section 1 and for use as Secretary is authorized to make such expenditures on the certificate of the specified in section 4(a) and with general guidelines for project eligibility appropriate official of the institution having charge of the animal health to be provided by the Secretary with the advice of the Advisory Board. research for which the expenditures as herein provided are to be made. Research proposals approved by the dean or director will be submitted to If any of the institutions certified for receipt of funds under this Act the Secretary with a brief outline abstract summary which will reveal fails to make available and budget for expenditure for animal health compliance with the purpose of this Act and the Secretary's general research in any fiscal year sums at least as much as the amount for which guidelines. it would be eligible for such year under this Act, the difference between the Federal funds available and the funds made available and budgeted H.R. 1167 H.R. 1167 6 for expenditure by the institution shall be reapportioned by the Secretary to other eligible institutions of the same State if there be any which qualify therefor and, if there be none, the Secretary shall reapportion such differences to the qualifying institutions of other States participating in the animal health research program. And the Senate agree to the same. JOINT EXPLANATORY STATEMENT OF THE COMMITTEE W. R. POAGE, OF CONFERENCE FRANK A. STUBBLEFIELD, THOMAS S. FOLEY, The managers on the part of the House and the Senate at the JOHN MELCHER, conference on the disagreeing votes of the two Houses on the amend- GEO. A. GOODLING, ments of the Senate to the bill (H.R. 11873) to authorize the Secretary ROBERT B. MATHIAS, of Agriculture to encourage and assist the several States in carrying JOHN M. ZWACH, out a program of animal health research, submit the following joint Managers on the Part of the House. statement to the House and the Senate in explanation of the effect of HERMAN E. TALMADGE, the action agreed upon by the managers and recommended in the GEORGE McGovern, accompanying conference report. JAMES B. ALLEN, The House recedes from its disagreement to the amendments of the DICK CLARK, Senate, with an amendment which is a substitute for both the House MILTON R. YOUNG, bill and the Senate amendments. The differences between the House ROBERT DOLE, bill and the Senate amendments and the substitute agreed to in con- HENRY BELLMON, ference are noted in the following outline, except for conforming, Managers on the Part of the Senate. clarifying and technical changes. (1) The conference substitute adopts the Senate provision to include fresh water fish and shellfish as animals for which research is to be carried out under the bill. (2) The conference substitute adopts the Senate provision to authorize research to minimize losses of livestock and poultry due to transportation and handling. (3) The conference substitute adopts the Senate provision authoriz- ing the Secretary of Agriculture to conduct an inventory on horses with an amendment limiting the inventory to the 3 fiscal years begin- ning July 1, 1974, and ending June 30, 1977. (4) The House bill authorized appropriations not to exceed $20 million annually to support continuing research programs at eligible institutions. The Senate amendment increased the authorization to $40 million. The conference substitute adopts the House provision with an amendment increasing the authorization to $21,125,000 annually during each of the 3 fiscal years beginning June 30, 1974, and ending July 1, 1977, with $20 million authorized annually for each fiscal year thereafter. The conference substitute provides that of the total amount authorized for the first 3 fiscal years, an amount not to ex- ceed $1,250,000 annually is authorized to be appropriated to conduct the horse inventory authorized by the bill. (5) The House bill authorized appropriations not to exceed $15 million annually to support research on specific national or regional animal health problems. The Senate amendment increased the author- ization to $20 million. The conference substitute adopts the House provision. (6) The House bill authorized not to exceed $10 million annually to support the cost of providing veterinary medical science research facilities. The Senate amendment increased the authorization to $15 million. H.R. 1167 (7) H.R. 1167 8 The conference substitute authorizes not to exceed $12 million for such purpose. (7) The conference substitute adopts the Senate amendment elim- inating local review committees. Such committees, under the House bill, would have reviewed local project proposals for research on priority problems of animal health. Under the conference substitute (and the Senate amendments), such review authority is vested in the dean or director of each college of veterinary medicine or eligible institution conducting animal health research. (8) The conference substitute adopts the Senate provision requiring the keeping of records by grant recipients and requiring that the Secretary of Agriculture and the Comptroller General be given access to the reports. W. R. POAGE, FRANK A. STUBBLEFIELD, THOMAS S. FOLEY, JOHN MELCHER, GEO. A. GOODLING, ROBERT B. MATHIAS, JOHN M. ZWACH, Managers on the Part of the House. HERMAN E. TALMADGE, GEORGE McGovern, JAMES B. ALLEN, DICK CLARK, MILTON R. YOUNG, ROBERT DOLE, HENRY BELLMON, Managers on the Part of the Senate. o H.R. 1167 93D CONGRESS HOUSE OF REPRESENTATIVES REPORT 2d Session No. 93-1193 ANIMAL HEALTH RESEARCH ACT JULY 12, 1974.-Ordered to be printed Mr. POAGE, from the committee of conference, submitted the following CONFERENCE REPORT [To accompany H.R. 11873] The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H.R. 11873) to authorize the Secretary of Agriculture to encourage and assist the several States in carrying out a program of animal health research, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the Senate recede from its amendments numbered 5, 6, and 7. That the House recede from its disagreement to the amendments of the Senate numbered 1, 2, 3, 4, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22 and agree thereto. That the House recede from its disagreement to the amendment of the Senate numbered 9 and agree to the same with an amendment, as follows: Strike out the figure "$15,000,000" and insert in lieu thereof, the figure "$12,000,000." And the Senate agree to the same. W. R. POAGE, FRANK A. STUBBLEFIELD, THOMAS S. FOLEY, JOHN MELCHER, GEO. A. GOODLING, ROBERT B. MATHIAS, JOHN M. ZWACH, Managers on the Part of the House. HERMAN E. TALMADGE, GEORGE McGovern, JAMES B. ALLEN, DICK CLARK, MILTON R. YOUNG, ROBERT DOLE, HENRY BELLMON, Managers on the Part of the Senate. 38-006 3 of livestock under the Organic Act (7 U.S.C. 2201). In order to carry out the provisions of this bill, inventories of livestock-including horses-are required, and the conferees expect that such inventories will'be conducted. W.R.POAGE, JOINT EXPLANATORY STATEMENT OF THE COMMITTEE FRANK A. STUBBLEFIELD, OF CONFERENCE THOMAS S. FOLEY, JOHN MELCHER, The managers on the part of the House and the Senate at the GEO. A. GOODLING, conference on the disagreeing votes of the two Houses on the amend- ROBERT B. MATHIAS, ments of the Senate to the bill (H.R. 11873) to authorize the Secre- JOHN M. ZWACH, tary of Agriculture to encourage and assist the several States in Managers on the Part of the House. carrying out a program of animal health research, submit the following HERMAN E. TALMADGE, joint statement to the House and the Senate in explanation of the GEORGE McGovern, effect of the action agreed upon by the managers and recommended JAMES B. ALLEN, in the accompanying conference report. DICK CLARK, The Senate adopted 22 amendments to the House bill. Under the MILTON R. YOUNG, conference committee agreement, the House receded from its dis- ROBERT DOLE agreement to Senate amendments numbered 1, 2, 3, 4, 8, 10, 11, 12, HENRY BELLMON, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22. The Senate receded from its Managers on the Part of the Senate. amendments numbered 5, 6, and 7. Senate amendment numbered 9 was further amended by the conferees. (1) The conferees agreed to Senate amendment numbered 1 to include freshwater fish and shellfish as animals for which research is to be conducted under this bill. (2) The conferees agreed to Senate amendment numbered 2 au- thorizing research to minimize loss of livestock and poultry due to transportation and handling. (3) The conferees agreed to Senate amendments numbered 13, 15, and 16 eliminating local review committees. (4) The conferees did not agree to Senate amendment numbered 5 and retained the House language authorizing appropriations not to exceed $20 million annually to support continuing research programs at eligible institutions. (5) The conferees did not agree to Senate amendment numbered 7 and agreed to the House provision authorizing appropriations not to exceed $15 million annually to support research on specific national or regional animal health problems. (6) The conferees agreed to Senate amendment numbered 9 with an amendment establishing the level of authorized appropriations at not to exceed $12 million annually to support the cost of providing veterinary medical science research facilities. (7) The conferees agreed to Senate amendment numbered 21 re- quiring the keeping of records by grant recipients and requiring that the Secretary of Agriculture and the Comptroller General be given access to these records. (8) The conferees agreed to Senate amendments numbered 3, 4, 8, 10, 11, 12, 14, 17, 18, 19, 20, and 22 which make conforming, clarifying, and technical changes in the House bill. (9) The conferees did not agree to Senate amendment numbered 6 dealing with the authority for the Secretary to conduct an inventory of all horses in the United States. The conferees determined that the Department of Agriculture has basic" authority to conduct inventories (2) H.R. 1193 H.R. 1193 93D CONGRESS HOUSE OF REPRESENTATIVES REPORT 2d Session No. 93-766 ANIMAL HEALTH RESEARCH ACT JANUARY 24, 1974.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. POAGE, from the Committee on Agriculture, submitted the following REPORT together with DISSENTING VIEWS [To accompany H.R. 11873] The Committee on Agriculture, to whom was referred the bill (H.R. 11873) to authorize the Secretary of Agriculture to encourage and assist the several States in carrying out a program of animal health research, having considered the same, report favorably thereon with- out amendment and recommend that the bill do pass. PURPOSE OF LEGISLATION The purpose of this bill is to place increased emphasis on animal health research within the structure of our Federal-State university veterinary medicine institutions. H.R. 11873 would authorize the Secretary of Agriculture to encour- age and assist the States in carrying out a program of animal health research through grants for research and research facilities needed in solving health problems of livestock, poultry, and companion animals. This assistance would be accomplished through the following main provisions: The grant recipients would be the Colleges of Veterinary Medicine, or where there are no Colleges of Veterinary Medicine, the State Agricultural Experiment Stations conducting animal health research. There would be a formula for distribution of funds based on the value of and income generated by livestock and poultry and research capacity for research programs and facilities at eligible institutions. 99-006 2 3 There would be grants to eligible institutions for research on House, introduced H.R. 11873 in a form which reflected all the changes specific national or regional animal health problems. proposed and considered up to that date. There would also be an Advisory Board to be appointed by On December 13, 1973, the Subcommittee approved H.R. 11873 with- the Secretary to make recommendations concerning relative ani- out amendment, and on December 18, 1973, the full Committee ordered mal health research capacity of eligible institutions, animal health it favorably reported to the House by a voice vote. research priorities, and other matters related to administration This bill makes a number of substantive and technical changes in of the Act. the original legislation. The 18 Colleges of Veterinary Medicine and 38 State Agricultural First, it places ceilings on the level of appropriations that may be Experiment Stations that would directly participate in this program made to carry out the expanded animal research effort in future have traditional and close working relationships with USDA. The years. The total ceiling would be $45 million annually ($20 million Committee expects that administrative responsibilities assigned to the for Section 4, $15 million for Section 5, and $10 million for Section 6). Secretary can be assumed within the present organization with a Second, it includes as a policy objective of the Act additional birth minimum of added staffing. control research on predators and other animals. This provision spe- cifically authorizes the Secretary to conduct. research on controlling NEED FOR LEGISLATION births of predators and other animals. Thus, appropriate research on predators and related species is contemplated. In the course of such The Committee found that an increased effort should be made in research, efforts to ascertain and develop animal birth control tech- the area of animal health research. Substantive testimony presented niques on other animals such as domestic dogs and cats would also be to the Committee by experts in veterinary science and in livestock authorized inasmuch as such research can be useful and relative to management established that animal disease losses cost farmers, the overall objectives of this legislation. It is also the intent of the ranchers, and consumers at least $3.6 billion annually. The Committee Committee that any research in this area be coordinated with and thus feels that a modest investment in a research effort to learn new not be duplicative of similar efforts that are or may be undertaken by ways to cope with animal diseases and pests can pay handsome divi- the U.S. Department of the Interior. dends to the entire Nation in the future. Third, it adopts a "State-sharing" formula under which the amount The Committee of course recognizes that the Department of Agri- paid annually by the Federal Government to any eligible institution culture currently supports animal health research through the Agri- in excess of $100,000 would generally be matched from non-Federal cultural Research Service and the Cooperative State Research Service. sources on a 50-50 basis. Excepted from this general matching grant In 1973 an estimated total of $23.4 million was programmed for such rule would be sums made available under Sections 5 and 6 dealing research, of which about $1.7 million supported research at Colleges with specified regional efforts and real property and scientific equip- of Veterinary Medicine, $2 million supported research at the State inent acquisition. Agricultural Experiment Stations, and over $19.7 million supported Fourth, it embraces most of the Departmental suggestions. The work at Federal laboratories. These figures, however, suggest that the amendments proposed by USDA were intended principally to clarify combined Department support of State research at colleges and the provisions of the Act with respect to allocation of funds, to pro- experiment stations are most modest in view of the need to reduce vide a more equitable basis for their formula distribution, and to re- the enormous annual losses from animal diseases. quire matching of certain amounts paid. Major changes suggested were: (1) to clarify that funds are allocated to States rather than COMMITTEE CONSIDERATION institutions, under Section 4; (2) to include income from sale of live- H.R. 11873 is a clean bill superseding H.R. 3286. stock along with value of livestock in developing the allocations; (3) The Livestock and Grains Subcommittee held public hearings on to eliminate the complication of special grant funding under the for- H.R. 3286 on November 13 and 14, 1973. Except for the Department mula program of Section 4; (4) to require matching from non-Federal of Agriculture witnesses, there was no opposition expressed to the sources of all payments except those made for research on national and basic provisions of the bill. regional problems under Section 5. Other amendments were designed The Department, however, objected to the bill, and during the to bring Guam and the Virgin Islands (which now have land-grant consideration of this legislation submitted to the Subcommittee some status) under the Act and clarify the language on availability of funds 16 separate suggested amendments. Most of these amendments along and the Advisory Board. with several Subcommittee amendments were approved by the Sub- As noted earlier, the Committee adopted a modified "State-sharing" committee on November 14, 1973, and the bill was sent forward to provision. Except for the USDA suggestion to allocate funds to the the full Committee which considered it on December 6, 1973. Other States rather than institutions, the Committee has included the other changes were suggested by the full Committee on that date, so on Departmental suggested amendments. December 10. 1973, Mr. Melcher and 15 other members of the Sub- Fifth, it reflects a number of technical and conforming amendments committee. plus several other members of the Committee and the occasioned by the various substantive amendments adopted by the Committee. H.R. 766 H.R. 766 4 5 In brief, both the Subcommittee and the Committee have labored ply of top-quality meat, dairy and poultry products at prices con- diligently to first consider and then adopt those changes and sugges- sumers can afford. We want to strengthen our association with the tions that were designed to constructively improve this legislation. colleges and State stations on animal health research in the most The broad bi-partisan support for this legislation reflects this effort to efficient manner. achieve the purposes of H.R. 11873 in the most forthright and effective We have some brief comments on the animal health problem, our manner. current animal health research efforts, and some particular features of H.R. 3286. CURRENT AND FIVE SUBSEQUENT FISCAL YEAR COST ESTIMATE Animal diseases are a very significant cost factor in our food supply system. Annual losses from diseases and parasites in livestock probably Pursuant to Clause 7 of Rule XIII of the Rules of the House of exceed $3.6 billion. The 1972 Terry Report of the National Academy of Representatives, the Committee estimates the cost to be incurred by the Sciences indicates losses as high as 15 to 20 percent of all animals. Our Federal Government during the current and the five subsequent fiscal Animal and Plant Health Inspection Service reported a total of years as a result of the enactment of this legislation would not exceed 423,000 animals and animal parts and 404 million pounds of poultry $45 million annually, the total appropriations ceiling set forth in H.R. condemned as unfit for human consumption in fiscal year 1972, when 11873. 169 million meat animals and 12 billion pounds of live poultry were The Committee, however, does not contemplate that expenditures marketed. Diseases and parasites largely caused these condemnations. will reach this ceiling in the next several years because of the need Specific diseases exact a severe toll each year. Bovine mastitis losses to carefully plan and prepare for the expanded effort. The Committee are about $500 million annually, those from bovine respiratory diseases estimates that the proposed program would probably require funding about $200 million, and those from swine dysentery about $34 million, of $5 million in FY 1975, increasing $5 million in each of two succeed- to name a few. Many other losses are of unknown cause, including one ing years to a level of $15 million for continuing program support. of the most costly, shipping fever. Approximately 70 percent of live- This would permit an orderly expansion of support of the State scien- stock abortions also are of unknown cause. tists now conducting animal health research to a level commensurate Animal disease research has been in progress for a long time through- with the needs expressed in the National Academy of Sciences and out the Nation. As a result, many once-severe diseases, such as hog other studies conducted cooperatively by the State institutions and cholera, have been brought under control and we have been able to the Department. maintain profitable production of meat, dairy and poultry animals. No comparable estimate of costs was formally submitted to the But disease problems continue to plague producers and in 1973 the Committee by a government agency. Department of Agriculture programmed about $23.4 million for ani- mal health research. About $1.7 million was allocated to Colleges of Veterinary Medicine, $2 million to State Agricultural Experiment ADMINISTRATION POSITION Stations, and $19.7 million to Federal laboratories. The States and The Administration did not favor the enactment of H.R. 3286, the industry invest additional large sums in animal health research. We original legislation. This was indicated by the report from the Depart- do not have complete information, but the funding of research on ment of Agriculture on H.R. 3286 and by the testimony of Depart- animal diseases, pests, parasites and toxins by USDA, the State Agri- mental witnesses at the public hearings. cultural Experiment Stations, and other cooperating institutions alone The Administration has not indicated its position on H.R. 11873, exceeds $40 million annually. In terms of cash receipts from live- but the Committee has attempted to meet the objections raised by the stock-which will probably exceed $35 billion this year-it is a modest Department and has adopted most of the amendments proposed by the investment for value received. Department. The Colleges of Veterinary Medicine currently receive about $15 The following statement was presented by Deputy Assistant Secre- million in total from Federal agencies. Nearly two-thirds of this tary Paul A. Vander Myde at the public hearings: amount is human-health related research grants of one to five years' duration from the Department of Health, Education and Welfare. STATEMENT OF DEPUTY ASSISTANT SECRETARY PAUL A. VANDER MYDE H.R. 3286 would establish a new program to support animal health BEFORE THE SUBCOMMITTEE ON LIVESTOCK AND GRAINS OF THE HOUSE research in the veterinary colleges and agricultural experiment sta- COMMITTEE ON AGRICULTURE, NOVEMBER 13, 1973. tions through formula funding administered by the Department of Agriculture. The funds would be allocated to eligible institutions in Mr. Chairman, we appreciate this opportunity to comment on H.R. the States on recommendation of an advisory board as follows: 48 3286, a bill to authorize the Secretary of Agriculture to encourage and percent on the basis of the value of livestock and poultry in each State: assist the several States in carrying out a program of animal health 38 percent in proportion to animal health research capacity; and, 10 research. We have long-standing relationships with the Colleges of percent on the basis of need for expanded research capacity. The bal- Veterinary Medicine and the State Agricultural Experiment Stations ance of four percent would be used for administration, program as- in this area. Their research has helped us to maintain a continuing sup- sistance to the States and program coordination. H.R. 766 H.R. 766 6 It is our understanding that the intent of the new program is to assure more continuous and stable funding of animal health research in these State institutions, as well as to increase the total research effort. Indirectly, of course, the additional funding would stimulate the training and development of new animal health scientists and technicians. Many graduate students, for example, would obtain valu- DISSENTING VIEWS able experience by assisting on the research projects as a part of their training. This has been demonstrated in our continuing research sup- I feel that H.R. 11873 is unnecessary because it fails to answer this port programs with the State Agricultural Experiment Stations un- simple question: What does this bill do that cannot already be done der the Hatch Act as amended in 1955, and with the State schools of under existing legislation? The answer is "Nothing." forestry under the McIntire-Stennis Act of 1962. Animal health- Animal health research programs are presently being funded and related research currently is supported under both of these programs. carried out under several existing laws; namely, through the State In addition, the Department of Agriculture awards special research Agricultural Experiment Stations under the Hatch Act, as amended, grants under Public Law 89-106 in support of the programs of the through the State Schools of Forestry under the McIntire-Stennis Department, including animal health research. Act, and in addition, special research grants are being awarded under The specific provisions of H.R. 3286, however, would present a num- P.L. 89-106, in support of animal health research. ber of problems as well as additional administration which we feel can In 1973 the Department of Agriculture programmed about $23.4 be avoided by continuing to fund the colleges and experiment stations million for animal health research. States and industry invest addi- under the current programs-Hatch, McIntire-Stennis, and P.L. 89- tional large sums in animal health research. Combined, the USDA, 106. For example, the formula proposed in H.R. 3286 does not take into the State Agricultural Experiment Stations, and other cooperating account income from livestock. It further restricts possible funding to institutions spend over $40 million annually on animal health re- States lacking research capacity. Provision for matching funds-a search. The Colleges of Veterinary Medicine currently receive about very important feature assuring strength and State commitment for $15 million in total from Federal agencies. Nearly two-thirds of this continuing support in our other programs-is omitted. The determi- amount is human-health related research grants of one to five year nation of research capacity of institutions as a basis for allocation could duration from the Department of Health, Education and Welfare. be highly subjective. Other technical improvements would be necessary I would recommend, therefore, to those who feel this bill is neces- in the language of the bill. sary that they go through channels already provided in the form of For the reasons stated, and in recognition of the existing support the budgetary and appropriations process to obtain additional funds programs relating to animal health, the Department does not favor for this research and then only if such monies can be proven to be the enactment of H.R. 3286. actually required. We want to continue our successful association with the colleges and GEORGE A. GOODLING. experiment stations and with veterinary science leaders to assure an (7) adequate level of animal health research. We will also continue to review animal health research needs with budget officials and with the Congress, insofar as the Federal commitment is identified and reaf- firmed periodically. If there are any questions, we will be glad to attempt to answer them. H.R. 766 H.R. 766 H. R. 11873 Ainety-third Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the twenty-first day of January, one thousand nine hundred and seventy-four An Act To authorize the Secretary of Agriculture to encourage and assist the several States in carrying out a program of animal health research. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act shall be known as the Animal Health Research Act. SECTION 1. PURPOSE.-It is the purpose of this Act to promote the general welfare through improved health and productivity of fresh water fish and shellfish, domestic livestock, poultry, and other income- producing animals SO essential to the Nation's food supply and the welfare of producers and consumers of animal products; to prevent disease epidemics that would be disastrous to the American livestock and poultry industries and our food supply to minimize losses due to sicknesses and diseases of livestock and poultry; to minimize losses of livestock and poultry due to transportation and handling; to protect human health through control of animal diseases transmissible to humans; to improve the health of companion animals which support an industry of major economic importance and which contribute sig- nificantly to the quality of family life; to improve methods of con- trolling the births of predators and other animals; and otherwise to promote the general welfare through expanded programs of research to improve animal health. It is recognized that the total animal health research efforts of the several State colleges and universities and of the Federal Government are more fully effective if there is a close coordination between such programs, and it is further recognized that colleges of veterinary medicine and departments of veterinary sciences and animal pathology, and similar units conducting animal health research in the agricultural experiment stations, are especially vital in the training of research workers in animal health. SEC. 2. In order to carry out the purposes of this Act, the Secretary of Agriculture is hereby authorized to cooperate with the several States for the purpose of encouraging and assisting them in carrying out programs of animal health research at eligible institutions. SEC. 3. DEFINITIONS.-As used in this Act: (a) "Eligible institutions" shall include all accredited colleges of veterinary medicine and at institutions where there is no college of veterinary medicine, agricultural experiment stations eligible to receive assistance under the Hatch Act, as amended in 1955 (69 Stat. 671), which have departments of veterinary science or animal pathology, or similar units conducting animal health research Provided, however, That when a new college of veterinary medicine is formed, the Secre- tary, after consultation with the Advisory Board, shall provide for the orderly transfer of support from the agricultural experiment station to the college of veterinary medicine in that institution. (b) "Dean" shall mean the dean of a college of veterinary medicine. "Director" shall mean director of an agricultural experiment station at institutions where there is no college of veterinary medicine. (c) "State" shall mean all States, Guam, Puerto Rico, and the Virgin Islands. (d) "Secretary" shall mean the Secretary of Agriculture. (e) "Advisory Board" shall mean a Veterinary Medical Science Research Board appointed by the Secretary of Agriculture which shall be constituted of not less than nine nor more than twelve members selected from individuals nominated by and selected SO as to give equal representation to respectively: (1) accredited colleges of veterinary medicine, (2) veterinary science or animal pathology departments or similar units conducting animal health research at other eligible H. R. 11873-2 institutions, and (3) to representatives of national livestock and poul- try organizations. (f) Animal health research capacity" shall mean the capacity of an eligible institution to conduct research on animal diseases as measured by a formula to be developed and applied by the Secretary with the advice of the Advisory Board. The Secretary's formula will provide a figure for each eligible institution which will be used in determining that institution's relative capacity to perform such research as a per- centage of the total national capacity of all such institutions to conduct animal health research. SEC. 4. (a) To support continuing research programs at eligible institutions, the Congress is hereby authorized to appropriate such funds, not to exceed $20,000,000 annually, as it may determine to be necessary. Funds appropriated under this section shall be used to meet expenses of conducting research, publishing and disseminating the results of such research, of contributing to retirement of employees subject to the provisions of an Act approved March 4, 1940 (54 Stat. 39), of administrative planning and direction, and for the purchase of needed equipment and supplies and the alteration or renovation of buildings necessary for conducting research. (b) Funds appropriated under this section shall be apportioned as follows: (1) Four per centum shall be retained by United States Department of Agriculture for administration, program assist- ance to the States, and program coordination. (2) Forty-eight per centum shall be distributed to eligible institutions in the proportion that the value and income of domes- tic livestock and poultry in each State where such institution is located, bears to the total value and income of domestic livestock and poultry in the United States according to the latest published United States Department of Agriculture statistics. The Secre- tary will determine the total value and income and the propor- tionate value and income of domestic livestock and poultry for each State with guidance of the Advisory Board from the latest inventory of all cattle, sheep, swine, horses, and poultry pub- lished by the United States Department of Agriculture. (3) Forty-eight per centum shall be distributed among the eligible institutions of the States in proportion to the animal health research capacity of the eligible institution or institutions in each State. (c) When the amount available under this section for allotment to any eligible institution on the basis of livestock values and income exceeds the amount for which such institution is eligible on the basis of animal health research capacity, the excess may be used for remodel- ing of old facilities, construction of new facilities, or to increase staff- ing proportionate to the need for added research capacity. (d) When a State has two or more eligible institutions, the funds available for such institutions in that State under this section shall be apportioned between or among those institutions in proportion to their animal health research capacity as defined in section 3(f). (e) The sums distributed on the basis of proportionate value and income of domestic livestock and poultry (b) (2) above and pro- portionate animal health research capacity (b) (3) above in the first appropriation under this Act and like sums appropriated in subse- quent years shall be based on the latest available data on National and State livestock values and income and research capacities, and H. R. 11873-3 any sums in addition to the initial appropriation level appropriated in subsequent years shall be distributed on the basis of domestic live- stock and poultry values and income and animal health research capacities in the years those additional sums are first appropriated: Provided, That sums available to an eligible institution will not be decreased because of subsequent changes in the proportionate distri- bution of domestic livestock and poultry values and income and animal health research capacities. SEC. 5. (a) To support research on specific national or regional animal health problems, the Congress is hereby authorized to appro- priate such funds, not to exceed $15,000,000 annually, as it shall determine to be necessary. Funds appropriated under this section shall be used to pay costs of conducting research and other costs pro- vided for in section 4(a). (b) Funds appropriated under this section shall be allocated by the Secretary to eligible institutions for work to be done as mutually agreed upon between the Secretary and the eligible institutions. In developing plans for the use of these funds, the Secretary shall consult the Advisory Board. SEC. 6. (a) To support cost of providing veterinary medical science research facilities, the Congress is hereby authorized to appropriate such sums, not to exceed $12,000,000 annually, as it determines to be necessary. Funds provided under this section shall be used to purchase land, construct or remodel buildings, and to buy and install necessary research and research-related equipment. (b) Funds appropriated under this section shall be apportioned among eligible institutions in the same manner as funds apportioned under section 4(b), except that, to meet specific national or regional animal health research needs, additional funds may be appropriated to provide animal health research facilities at one or more eligible institutions as mutually agreed upon in each case between the Secre- tary and the eligible institution: Provided, That, in developing plans for the use of these additional funds, the Secretary shall consult the Advisory Board. SEC. 7. Sums available for allotment under the terms of this Act shall be paid to each eligible institution at such times and in such amounts as shall be determined by the Secretary. Funds shall remain available for payment of unliquidated obligations for one additional fiscal year following the year of appropriation, except that funds appropriated under section 6 shall remain available for payment, at the option of an eligible institution, for a period of not more than two fiscal years following the fiscal year of appropriation plus the one additional year for payment of unliquidated obligations. SEC. 8. When the Secretary determines that an eligible institution is not eligible to receive its allotment of funds because of a failure to satisfy requirements of this Act or regulations issued under it, the Secretary shall withhold such amounts: the facts and reasons therefor shall be reported to the President and the amount involved shall be kept separate in the Treasury until the close of the next Congress. If the next Congress shall not direct such sum to be paid it shall be carried to surplus. SEC. 9. (a) The dean or director of each eligible institution will have prepared local project proposals for research on priority problems of animal health which comply with the purpose in section 1 and for use as specified in section 4(a) and with general guidelines for project H. R. 11873-4 eligibility to be provided by the Secretary with the advice of the Advisory Board. Research proposals approved by the dean or director will be submitted to the Secretary with a brief outline abstract sum- mary which will reveal compliance with the purpose of this Act and the Secretary's general guidelines. (b) Each dean or director shall also submit a brief annual report of research accomplishments on a project-by-project basis and he shall account for all funds allotted to his institution under the pro- visions of this Act at such times and on such forms as the Secretary shall prescribe. If any portion of the allotted moneys received shall by any action or contingency be diminished, lost, or misapplied, it shall be replaced by the State concerned and until so replaced, no subsequent appropriation shall be allotted or paid to said college or university. SEC. 10. (a) The Secretary is authorized to prescribe such rules and regulations as may be necessary to carry out the provisions of this Act and to furnish such advice and assistance as will best promote the purposes of this Act. The Secretary is further directed to appoint the Advisory Board. (b) The Advisory Board, in addition to providing consultation and advice to the Secretary as provided elsewhere in this Act, shall meet at least annually to advise the Secretary with respect to administra- tion and implementation of this Act and to recommend priorities for conduct of research programs authorized under this Act. The Advi- sory Board shall continue for the duration of this Act. (c) Each recipient of Federal assistance under this Act, pursuant to grants, subgrants, contracts, subcontracts, loans, or other arrange- ments, entered into other than by formal advertising, and which are otherwise authorized by this Act, shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, the amount of that por- tion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (d) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall, until the expiration of three years after completion of the project or under- taking referred to in subsection (c) of this section, have access for the purpose of audit and examination to any books, documents, papers, and records of such recipients which in the opinion of the Secretary or the Comptroller General may be related or pertinent to the grants, subgrants, contracts, subcontracts, loans, or other arrangements referred to in subsection (c). SEC. 11. The amount paid by the Federal Government to any eligible institution for assistance under this Act, exclusive of the funds paid for research on specific national or regional animal health problems authorized by sections 5 and 6, shall be in an amount not to exceed $100,000 in addition to an amount not to exceed during any fiscal year the amount available to and budgeted for expenditure by such institu- tion during the same fiscal year for animal health research from non-Federal sources. The Secretary is authorized to make such expend- itures on the certificate of the appropriate official of the institution having charge of the animal health research for which the expenditures LIB FORD 071 H. R. 11873-5 as herein provided are to be made. If any of the institutions certified for receipt of funds under this Act fails to make available and budget for expenditure for animal health research in any fiscal year sums at least as much as the amount for which it would be eligible for such year under this Act, the difference between the Federal funds available and the funds made available and budgeted for expenditure by the institution shall be reapportioned by the Secretary to other eligible institutions of the same State if there be any which qualify therefor and, if there be none, the Secretary shall reapportion such differences to the qualifying institutions of other States participating in the animal health research program. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. 93d Congress, 2d Session - - - - - House Document No. 93-337 VETOING H.R. 11873- ANIMAL HEALTH RESEARCH MESSAGE FROM THE PRESIDENT OF THE UNITED STATES VETOING THE ACT (H.R. 11873) TO AUTHORIZE THE SEC- RETARY OF AGRICULTURE TO ENCOURAGE AND ASSIST THE SEVERAL STATES IN CARRYING OUT A PROGRAM OF ANIMAL HEALTH RESEARCH AUGUST 15, 1974.-Message and accompanying act referred to the Committee on Agriculture and ordered to be printed U.S. GOVERNMENT PRINTING OFFICE 38-011 0 WASHINGTON : 1974 H. R. 11873 Ainety-third Congress of. the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the twenty-first day of January, one thousand nine hundred and seventy-four An Art To the House of Representatives: I am returning today without my approval H.R. 11873, an act authorizing the Secretary of Agriculture to encourage and assist States in carrying out programs of animal health research. I believe, as do proponents of this bill, that veterinary research has helped to make American livestock the healthiest and most productive in the world. We must continue to maintain high standards of research. But I also believe that this bill adds little to the existing programs of the Department of Agriculture and other agencies. We are presently spending over $40 million on programs involving animal health research, and nearly every land-grant college and col- leges of veterinary medicine in the United States are participating in these programs. This bill, however, would establish a new categorical grant pro- gram that would authorize an expenditure of an additional $47 mil- lion annually and would be duplicative of many programs that already exist. The overlapping would be especially true of programs in fish and shellfish research and predator control. Because this bill would add further to the Federal taxpayers' bur- dens without significantly meeting national needs and would only add to inflationary pressures within the economy, I feel that I must with- hold my approval. GERALD R. FORD. THE WHITE HOUSE, August 14, 1974. (1) H. R. 11873 Ainety-third Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the twenty-first day of January, one thousand nine hundred and seventy-four An Act To authorize the Secretary of Agriculture to encourage and assist the several States in carrying out a program of animal health research. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act shall be known as the Animal Health Research Act. SECTION 1. PURPOSE.-It is the purpose of this Act to promote the general welfare through improved health and productivity of fresh water fish and shellfish, domestic livestock, poultry, and other income- producing animals so essential to the Nation's food supply and the welfare of producers and consumers of animal products; to prevent disease epidemics that would be disastrous to the American livestock and poultry industries and our food supply; to minimize losses due to sicknesses and diseases of livestock and poultry; to minimize losses of livestock and poultry due to transportation and handling; to protect human health through control of animal diseases transmissible to humans; to improve the health of companion animals which support an industry of major economic importance and which contribute sig- nificantly to the quality of family life; to improve methods of con- trolling the births of predators and other animals; and otherwise to promote the general welfare through expanded programs of research to improve animal health. It is recognized that the total animal health research efforts of the several State colleges and universities and of the Federal Government are more fully effective if there is a close coordination between such programs, and it is further recognized that colleges of veterinary medicine and departments of veterinary sciences and animal pathology, and similar units conducting animal health research in the agricultural experiment stations, are especially vital in the training of research workers in animal health. SEC. 2. In order to carry out the purposes of this Act, the Secretary of Agriculture is hereby authorized to cooperate with the several States for the purpose of encouraging and assisting them in carrying out programs of animal health research at eligible institutions. SEC. 3. DEFINITIONS.-As used in this Act: (a) "Eligible institutions" shall include all accredited colleges of veterinary medicine and at institutions where there is no college of veterinary medicine, agricultural experiment stations eligible to receive assistance under the Hatch Act, as amended in 1955 (69 Stat. 671), which have departments of veterinary science or animal pathology, or similar units conducting animal health research: Provided, however, That when a new college of veterinary medicine is formed, the Secre- tary, after consultation with the Advisory Board, shall provide for the orderly transfer of support from the agricultural experiment station to the college of veterinary medicine in that institution. 4 5 (b) "Dean" shall mean the dean of a college of veterinary medicine. exceeds the amount for which such institution is eligible on the basis "Director" shall mean director of an agricultural experiment station at of animal health research capacity, the excess may be used for remodel- institutions where there is no college of veterinary medicine. ing of old facilities, construction of new facilities, or to increase staff- (c) "State" shall mean all States, Guam, Puerto Rico, and the ing proportionate to the need for added research capacity. Virgin Islands. (d) When a State has two or more eligible institutions, the funds (d) "Secretary" shall mean the Secretary of Agriculture. available for such institutions in that State under this section shall (e) "Advisory Board" shall mean a Veterinary Medical Science be apportioned between or among those institutions in proportion to Research Board appointed by the Secretary of Agriculture which shall their animal health research capacity as defined in section 3 (f). be constituted of not less than nine nor more than twelve members (e) The sums distributed on the basis of proportionate value and selected from individuals nominated by and selected so as to give equal income of domestic livestock and poultry (b) (2) above and pro- representation to respectively: (1) accredited colleges of veterinary portionate animal health research capacity (b) (3) above in the first medicine, (2) veterinary science or animal pathology departments or appropriation under this Act and like sums appropriated in subse- similar. units conducting animal health research at other eligible quent years shall be based on the latest available data on National institutions, and (3) to representatives of national livestock and poul- and State livestock values and income and research capacities, and try organizations. any sums in addition to the initial appropriation level appropriated (f) "Animal health research capacity" shall mean the capacity of an in subsequent years shall be distributed on the basis of domestic live- eligible institution to conduct research on animal diseases as measured stock and poultry values and income and animal health research by a formula to be developed and applied by the Secretary with the capacities in the years those additional sums are first appropriated: advice of the Advisory Board. The Secretary's formula will provide a Provided, That sums available to an eligible institution will not be figure for each eligible institution which will be used in determining decreased because of subsequent changes in the proportionate distri- that institution's relative capacity to perform such research as a per- bution of domestic livestock and poultry values and income and centage of the total national capacity of all such institutions to conduct animal health research capacities. animal health research. SEC. 5. (a) To support research on specific national or regional SEC. 4. (a) To support continuing research programs at eligible animal health problems, the Congress is hereby authorized to appro- institutions, the Congress is hereby authorized to appropriate such priate such funds, not to exceed $15,000,000 annually, as it shall funds, not to exceed $20,000,000 annually, as it may determine to be determine to be necessary. Funds appropriated under this section necessary. Funds appropriated under this section shall be used to shall be used to pay costs of conducting research and other costs pro- meet expenses of conducting research, publishing and disseminating vided for in section 4 (a). the results of such research, of contributing to retirement of employees (b) Funds appropriated under this section shall be allocated by the subject to the provisions of an Act approved March 4, 1940 (54 Stat. Secretary to eligible institutions for work to be done as mutually 39), of administrative planning and direction, and for the purchase agreed upon between the Secretary and the eligible institutions In of needed equipment and supplies and the alteration or renovation of developing plans for the use of these funds, the Secretary shall consult buildings necessary for conducting research. the Advisory Board. (b) Funds appropriated under this section shall be apportioned as SEC. 6. (a) To support cost of providing veterinary medical science follows: research facilities, the Congress is hereby authorized to appropriate (1) Four per centum shall be retained by United States such sums, not to exceed $12,000,000 annually, as it determines to be Department of Agriculture for administration, program assist necessary. Funds provided under this section shall be used to purchase ance to the States, and program coordination: land, construct or remodel buildings, and to buy and install necessary (2) Forty-eight per centum shall be distributed to eligible research and research-related equipment. institutions in the proportion that the value and income of domes- (b) Funds appropriated under this section shall be apportioned tic livestock and poultry in each State where such institution is among eligible institutions in the same manner as funds apportioned located, bears to the total value and income of domestic livestock under section 4(b), except that, to meet specific national or regional and poultry in the United States according to the latest published animal health research needs, additional funds may be appropriated United States Department of Agriculture statistics. The Secre- to provide animal health research facilities at one or more eligible tary will determine the total value and income and the propor- institutions as mutually agreed upon in each case between the Secre- tionate value and income of domestic livestock and poultry for tary and the eligible institution: Provided, That, in developing plans each State with guidance of the Advisory Board from the latest for the use of these additional funds, the Secretary shall consult the inventory of all cattle, sheep, swine, horses, and poultry pub- Advisory Board. lished by the United States Department of Agriculture. SEC. 7. Sums available for allotment under the terms of this Act (3) Forty-eight per centum shall be distributed among the shall be paid to each eligible institution at such times and in such eligible institutions of the States in proportion to the animal amounts as shall be determined by the Secretary. Funds shall remain health research capacity of the eligible institution or institutions available for payment of unliquidated obligations for one additional in each State. fiscal year following the year of appropriation, except that funds (c) When the amount available under this section for allotment to any eligible institution on the basis of livestock values and income 6 7 appropriated under section 6 shall remain available for payment, at purpose of audit and examination to any books, documents, papers, the option of an eligible institution, for a period of not more than and records of such recipients which in the opinion of the Secretary two fiscal years following the fiscal year of appropriation plus the one or the Comptroller General may be related or pertinent to the grants, additional year for payment of unliquidated obligations. subgrants, contracts, subcontracts, loans, or other arrangements SEC. 8. When the Secretary determines that an eligible institution is referred to in subsection (c). not eligible to receive its allotment of funds because of a failure to SEC. 11. The amount paid by the Federal Government to any eligible satisfy requirements of this Act or regulations issued under it, the institution for assistance under this Act, exclusive of the funds paid Secretary shall withhold such amounts; the facts and reasons therefor for research on specific national or regional animal health problems shall be reported to the President and the amount involved shall be authorized by sections 5 and 6, shall be in an amount not to exceed kept separate in the Treasury until the close of the next Congress. If $100,000 in addition to an amount not to exceed during any fiscal year the next Congress shall not direct such sum to be paid it shall be the amount available to and budgeted for expenditure by such institu- carried to surplus. tion during the same fiscal year for animal health research from SEC. 9. (a) The dean or director of each eligible institution will have non-Federal sources. The Secretary is authorized to make such expend- prepared local project proposals for research on priority problems of itures on the certificate of the appropriate official of the institution animal health which comply with the purpose in section 1 and for use having charge of the animal health research for which the expenditures as specified in section 4(a) and with general guidelines for project as herein provided are to be made. If any of the institutions certified eligibility to be provided by the Secretary with the advice of the for receipt of funds under this Act fails to make available and budget Advisory Board. Research proposals approved by the dean or director for expenditure for animal health research in any fiscal year sums at will be submitted to the Secretary with a brief outline abstract sum- least as much as the amount for which it would be eligible for such mary which will reveal compliance with the purpose of this Act and year under this Act, the difference between the Federal funds available the Secretary's general guidelines. and the funds made available and budgeted for expenditure by the (b) Each dean or director shall also submit a brief annual report institution shall be reapportioned by the Secretary to other eligible of research accomplishments on a project-by-project basis and he institutions of the same State if there be any which qualify therefor shall account for all funds allotted to his institution under the pro- and, if there be none, the Secretary shall reapportion such differences visions of this Act at such times and on such forms as the Secretary to the qualifying institutions of other States participating in the shall prescribe. If any portion of the allotted moneys received shall animal health research program. by any action or contingency be diminished, lost, or misapplied, it shall be replaced by the State concerned and until so replaced, no subsequent appropriation shall be allotted or paid to said college or university. SEC. 10. (a) The Secretary is authorized to prescribe such rules and regulations as may be necessary to carry out the provisions of this Act CARL ALBERT, and to furnish such advice and assistance as will best promote the Speaker of the House of Representatives. purposes of this Act. The Secretary is further directed to appoint the Advisory Board. (b) The Advisory Board, in addition to providing consultation and advice to the Secretary as provided elsewhere in this Act, shall meet at least annually to advise the Secretary with respect to administra- tion and implementation of this Act and to recommend priorities for LEE METCALF, conduct of research programs authorized under this Act. The Advi- Acting President of the Senate pro Tempore. sory Board shall continue for the duration of this Act. (c) Each recipient of Federal assistance under this Act, pursuant to grants, subgrants, contracts, subcontracts, loans, or other arrange- ments, entered into other than by formal advertising, and which are otherwise authorized by this Act, shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such I certify that this Act originated in the House of Representatives. assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, the amount of that por- tion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (d) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall, until the expiration of three years after completion of the project or under- W. PAT JENNINGS, Clerk. taking referred to in subsection (c) of this section, have access for the FOR IMMEDIATE RELEASE August 15, 1974 Office of the White House Press Secretary THE WHITE HOUSE TO THE HOUSE OF REPRESENTATIVES: I am returning today without my approval H.R. 11873, an act authorizing the Secretary of Agriculture to encourage and assist States in carrying out programs of animal health research. I believe, as do proponents of this bill, that veterinary research has helped to make American livestock the healthiest and most productive in the world. We must continue to maintain high standards of research. But I also believe that this bill adds little to the existing programs of the Department of Agriculture and other agencies. We are presently spending over $40 million on programs involving animal health research, and nearly every land grant college and colleges of veterinary medicine in the United States is participating in these programs. This bill, however, would establish a new categorical grant program that would authorize an expenditure of an additional $47 million annually and would be duplicative of many programs that already exist. The overlapping would be especially true of programs in fish and shellfish research and predator control. Because this bill would add further to the Federal taxpayers' burdens without significantly meeting national needs and would only add to inflationary pressures within the economy, I feel that I must withhold my approval. GERALD R. FORD THE WHITE HOUSE, August 14, 1974. ##### August 2, 1974 Dear Mr. Director: The following bills were received at the White House on August 2nd: S. 2665 S. 3477 H.R. 11873 Please let the President have reports and recomendations as to the approval of these bills no soon as possible. Sincerely, Robert D. Linder Chief Executive Clerk The Honorable Roy L. Anb Director Office of Management and Budget Washington, D. C. 1880 GERRLD