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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States of America his copyrights in all of his unpublished writings in National Archives collections.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:
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Please return to Kathy Tindle
D.Chapnen
West Wing
FORD is LIBRARY 078119
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Warren K. Hendriks
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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