Animal Research Facilities Protection Act of 1989”
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Historic, Archive Document Do not assume content reflects current scientific knowledge, policies, or practices. I kroosc r- i W^l ANIMAL RESEARCH FACILITY PROTECTION KF27 LfB w.d f? y .A33277 1990f - 9 /ggg Nyiloi JOINT HE GlfsjQ Pftpp BEFORE THE SUBCOMMITTEE ON DEPARTMENT OPERATIONS, RESEARCH, AND POREIGN AGRICULTURE AND THE SUBCOMMITTEE ON LIVESTOCK, DAIRY, AND POULTRY OF THE COMMITTEE ON AGRICULTURE HOUSE OF REPRESENTATIVES ONE HUNDRED FIRST CONGRESS SECOND SESSION FEBRUARY 28, 1990 Serial No. 101-52 Printed for the use of the Committee on Agriculture U.S. GOVERNMENT PRINTING OFFICE 17-873 WASHINGTON I 1991 For sale by the Superintendent of Documents, Congressional Sales Office REF U.S. Government Printing Office, Washington, DC 20402 United States Department of WAL' Agriculture GEOI CHAI GLEh % LEOh JERR DAN CHAI HAR( CHAI ROBI HARI JIM C TIMO RICH DAVI JIM J TIM t National Agricultural Library CLAU BEN : MIKE BILL Texas JILL L. LONG, Indiana GARY CONDIT, California ROY DYSON, Maryland H. MARTIN LANCASTER, North Carolina Professional Staff Dianne Powell, Staff Director Vernie Hubert, Legislative Director Daniel E. Brinza, Chief Counsel Charles Hilty, Minority Staff Director James A. Davis, Press Secretary Subcommittee on Department Operations, Research, and Foreign Agriculture GEORGE E. BROWN Jr., , California, Chairman CHARLES ROSE, North Carolina PAT ROBERTS, Kansas LEON E. PANETTA, California E. THOMAS COLEMAN, CHARLES W. STENHOLM, Missouri Texas SID MORRISON, Washington DAN GLICKMAN, Kansas FRED GRANDY, Iowa CHARLES HATCHER, Georgia JAMES T. WALSH, JIM OLIN, Virginia New York HAROLD L. VOLKMER, Missouri JIM JONTZ, Indiana Subcommittee on Livestock, Dairy, and Poultry CHARLES W. STENHOLM, Texas, Chairman JIM OLIN, Virginia STEVE GUNDERSON, BEN NIGHTHORSE Wisconsin CAMPBELL, Colorado LARRY J. HOPKINS, Kentucky TIM JOHNSON, South Dakota ARLAN STANGELAND, Minnesota CLAUDE HARRIS, Alabama TOM LEWIS, Florida CHARLES ROSE, North Carolina ROBERT F. (BOB) SMITH, Oregon HAROLD L. VOLKMER, Missouri JAMES T. WALSH, New York TIMOTHY J. PENNY, Minnesota BILL GRANT, Florida DAVID R. NAGLE, Iowa JILL L. LONG, Indiana GARY CONDIT, California (II) CONTENTS Page Brown, Hon. George E., Jr., a Representative in Congress from the State of California, opening statement 1 Letter of February 27, 1990, from the Executive Office of the President 14 Gunderson, Hon. Steve, a Representative in Congress from the State of Wis- consin, opening statement 3 Rose, Hon. Charles, a Representative in Congress from the State of North Carolina, opening statement 4 Stenholm, Hon. Charles W., a Representative in Congress from the State of Texas, opening statement 2 Witnesses Arnoldi, Joan, Deputy Administrator, Regulatory Enforcement and Animal Care, Animal and Plant Health Inspection Service, U.S. Department of Agriculture 34 Prepared statement 99 Barker, Kenneth L., vice president, research and academic support, Texas Tech University 74 Grollman, Elliott, Captain, Dignitary Protection/Terrorism/Counteraction, Federal Protective Service, General Services Administration 67 Prepared statement 112 Hamilton, Richard T., director of police, Texas Tech University Health Sci- ences Center 73 Prepared statement 140 Hueston, Harry, II, assistant chief of police, University of Arizona 69 Prepared statement 132 Maloney, Paul L., Deputy Assistant Attorney General, Criminal Division, U.S. Department of Justice 6 Prepared statement 86 Response to written questions 24 Nakamura, John T., Washington representative, California Department of Food and Agriculture 33 Prepared statement 96 Raub, William F., Acting Director, National Institutes of Health, U.S. Depart- ment of Health and Human Services 31 Prepared statement 90 Letter of May 7, 1990 54 Seals, Thomas C., on behalf of the International Association for Healthcare Security and Safety 64 Prepared statement 108 Sweat, O.W., Director, Division of Security Operations, National Institutes of Health, U.S. Department of Health and Human Services 63 Prepared statement 104 Submitted Material American Heart Association, office of public affairs, statement 143 Barr, James C., chief executive officer, National Milk Producers Federation, letter of August 2, 1989 149 Clark, L. Kirk, president, American Association of Swine Practitioners, letter of September 12, 1989 150 Datt, John C., executive director, American Farm Bureau Federation, letter of August 1, 1989 151 (ill) IV Page 1989 DeBakey, Michael E., M.D., Baylor College of Medicine, letter of October 6, 1990 152 Ebert, Paul A., M.D., American College of Surgeons, letter of January 10, 153 Ferris, Thomas F., M.D., president, Association of Professors of Medicine, letter of January 30, 1990 154 Gingerich, Don, president, National Pork Producers Council, letter of July 26, 1989 155 Haragan, Donald R., executive vice president and provost, and Robert M. Sweazy, vice provost for research, Texas Tech University, letter of June 1, 1989 156 Holt, Fred H., president, and John W. Thomas, senior counsel, Animal Health Institute, letter of August 1, 1989 157 Josserand, Robert D., president, National Cattlemen’s Association, letter of August 1, 1989 158 Killam, Eva King, professor of pharmacology, department of pharmacology, school of medicine, University of California, Davis, letter of November 13, 1989 159 Kopperud, Steve, vice president, American Feed Industry Association, letter of July 31, 1989 160 Lein, Harold E., executive vice president and general manager, National Live Stock Producers Association, letter of August 2, 1989 161 Mark, Hans, chancellor, the University of Texas System, and Perry Adkisson, chancellor, Texas A&M University System, letter of April 20, 1989 162 McLeod, Michael R., counsel, and Christine V. Nelson, government relations, United Egg Producers, letter of July 31, 1989 164 Molpus, C. Manly, president, American Meat Institute, letter of August 3, 1989 166 Petersdorf, Robert G., M.D., president, Association of American Medical Col- leges, letter of January 17, 1989 167 Prokasy, William F., chairman, Council of Scientific Society Presidents, letter of January 16, 1990 168 Schiffer, Stephen P., DVM, MS, director, research resources facility, George- town University Medical Center, letter of January 24, 1990 169 Schneemann, Bill, president, and Pierce Miller, chairman, legislative council, American Sheep Industry Association, letter of August 1, 1989 170 Smith, Jo Ann R., Assistant Secretary, Marketing and Inspection Services, U.S. Department of Agriculture, letter of April 3, 1990 30 Stobo, John D., M.D., president, American College of Rheumatology, letter of October 9, 1989 171 Strahm, Samuel E., DVM, president, American Veterinary Medical Associa- tion, letter of August 21, 1989 172 Waller, David W., assistant professor, department of biological sciences, Kent State University, letter of February 26, 1990 173 Ward, Donald M., executive director, Texas Veterinary Medical Association, letter of October 26, 1989 174 Watts, George B., president, National Broiler Council, letter of August 2, 1989 125 Weisfeldt, Myron L., M.D., president, American Heart Association, letter of January 22, 1990 176 ANIMAL RESEARCH FACILITY PROTECTION WEDNESDAY, FEBRUARY 28, 1990 House of Representatives; Subcommittee on Depart- ment Operations, Research, and Foreign Agricul- ture; Joint With the Subcommittee on Livestock, Dairy, and Poultry; Committee on Agriculture, Washington DC. , The subcommittee met, pursuant to notice, at 9:40 a.m., in room 1300, Longworth House Office Building, Hon. George E. Brown, Jr. (chairman of the Subcommittee on Department Operations, Re- search, and Foreign Agriculture) presiding, together with Hon. Charles W. Stenholm (chairman of the Subcommittee on Livestock, Dairy, and Poultry). Present from the Subcommittee on Department Operations, Re- search, and Foreign Agriculture: Representatives Brown, Rose, Stenholm, Hatcher, Olin, Volkmer, Jontz, Roberts, and Walsh. Present from the Subcommittee on Livestock, Dairy, and Poultry: Representatives Stenholm, Olin, Johnson, Rose, Volkmer, Penny, Long, Condit, Gunderson, Hopkins, Walsh, and Grant. Also present: Representative E (Kika) de la Garza, chairman of the committee. Staff present: Alice Devine, minority associate counsel; Francie Monaghan, clerk; William A. Stiles, Jr., Daniel B. Waggoner, James A. Davis, Perry O’Keeffe, Carol Ann Dubard, and John Conrad. OPENING STATEMENT OF HON. GEORGE E. BROWN, JR., A REPRE- SENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA Mr. Brown. The subcommittee will come to order. This morning we are conducting an oversight hearing jointly with the Subcommittee on Livestock, Dairy, and Poultry which will focus on animal facility protection. The apparent increase in vandalism, theft, and trespass of re- search facilities using animal models has drawn the attention of both Congress and the public. At the end of the first session of the 101st Congress the Senate passed by unanimous consent “The Animal Research Facilities Protection Act of 1989”. There are simi- larly several pieces of legislation related to this issue before my subcommittee. It is my belief, however, that to develop and enact effective legis- lation there must be a thorough understanding of the statutes as they presently exist, as well as the mechanisms which provide for their enforcement. ( 1 ) 2 It is the intent today to question expert witnesses involved in re- search facility protection and law enforcement on the most effec- tive course of action in dealing with this emerging problem. Research is the backbone