Union Calendar No. 390

103D CONGRESS

2D SESSION H. R. 3171

[Report No. 103–714]

A BILL

To authorize the Secretary of Agriculture to reorgaother purposes. nize the Department of Agriculture, and for

AUGUST 23, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 390

103D CONGRESS

2D SESSION H. R. 3171

[Report No. 103–714]

To authorize the Secretary of Agriculture to reorganize the Department

of Agriculture, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 29, 1993

Mr. DE LA GARZA (for himself, Mr. STENHOLM, Mr. PENNY, Mr. VOLKMER,

Mr. ENGLISH of Oklahoma, Mr. GLICKMAN, Mr. JOHNSON of South Dakota, Mr. DOOLEY, Mr. THOMPSON of Mississippi, Mrs. CLAYTON, Mr.

SARPALIUS, Mr. HILLIARD, Ms. MCKINNEY, Mr. POMEROY, Mr. MINGE,

Ms. LONG, Mr. HOLDEN, and Mr. FARR of California) (all by request)

introduced the following bill; which was referred to the Committee on Agriculture

APRIL 26, 1994

Additional sponsors: Mr. BROWN of California and Mr. RAVENEL

AUGUST 23, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on September 29, 1993]

A BILL

To authorize the Secretary of Agriculture to reorganize the

Department of Agriculture, and for other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Department of Agriculture Reorganization Act of 1994’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Definitions.

TITLE I—GENERAL REORGANIZATION AUTHORITIES

Sec. 101. Transfer of Department functions to Secretary of Agriculture.

Sec. 102. National Appeals Division.

Sec. 103. Reductions in number of Department personnel.

Sec. 104. Combination of field offices.

Sec. 105. Improvement of information sharing.

Sec. 106. Director of External affairs.

Sec. 107. Director for Administration.

TITLE II—FARM AND FOREIGN AGRICULTURAL SERVICES

Sec. 201. Under Secretary of Agriculture for Farm and Foreign Agricultural

Services.

Sec. 202. Agricultural Service Agency.

Sec. 203. State, county, and area committees.

TITLE III—RURAL ECONOMIC AND COMMUNITY

DEVELOPMENT

Sec. 301. Under Secretary of Agriculture for Rural Economic and Community

Development.

TITLE IV—FOOD, NUTRITION, AND CONSUMER SERVICES

Sec. 401. Under Secretary of Agriculture for Food, Nutrition, and Consumer

Services.

TITLE V—NATURAL RESOURCES AND ENVIRONMENT

Sec. 501. Under Secretary of Agriculture for Natural Resources and Environment.

TITLE VI—RESEARCH, EDUCATION, AND ECONOMICS

Sec. 601. Under Secretary of Agriculture for Research, Education, and Economics.
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TITLE VII—FOOD SAFETY

Sec. 701. Under Secretary of Agriculture for Food Safety.

TITLE VIII—MISCELLANEOUS PROVISIONS

Sec. 801. Expansion of issues covered by State mediation programs.

Sec. 802. Successorship provisions relating to bargaining units and exclusive representatives.

Sec. 803. Conditions on implementation of alteration in level of selenium allowed

in animal diets.

Sec. 804. Office of environmental risk assessment.

Sec. 805. Repeal of superseded provisions.

Sec. 806. Conforming amendments.

Sec. 807. Proposed conforming amendments.

1 SEC. 2. DEFINITIONS.

2 Except where the context requires otherwise, for pur3 poses of this Act:

4 (1) DEPARTMENT.—The term ‘‘Department’’

5 means the Department of Agriculture.

6 (2) NATIONAL APPEALS DIVISION.—The term

7 ‘‘National Appeals Division’’ means the National Ap8 peals Division of the Department established under

9 section 102.

10 (3) SECRETARY.—The term ‘‘Secretary’’ means

11 the Secretary of Agriculture.

12 TITLE I—GENERAL

13 REORGANIZATION AUTHORITIES

14 SEC. 101. TRANSFER OF DEPARTMENT FUNCTIONS TO SEC15 RETARY OF AGRICULTURE.

16 (a) TRANSFER OF FUNCTIONS.—Except as provided in

17 subsection (b), there are hereby transferred to the Secretary

18 of Agriculture all functions of all agencies, offices, officers,

19 and employees of the Department that are not already vest-
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1 ed in the Secretary as of the date of the enactment of this

2 Act.

3 (b) EXCEPTIONS.—Subsection (a) shall not apply to

4 the following functions:

5 (1) Functions vested by subchapter II of chapter

6 5 of title 5, United States Code, in administrative

7 law judges employed by the Department.

8 (2) Functions vested by the Inspector General

9 Act of 1978 (5 U.S.C. App.) in the Inspector General

10 of the Department.

11 (3) Functions vested by chapter 9 of title 31,

12 United States Code, in the Chief Financial Officer of

13 the Department.

14 (4) Functions vested in the corporations of the

15 Department or the boards of directors and officers of

16 such corporations.

17 (5) Functions vested in the Alternative Agricul18 tural Research and Commercialization Board by the

19 Alternative Agricultural Research and Commer20 cialization Act of 1990 (7 U.S.C. 5901 et seq.).

21 (6) Functions vested in the advisory board of the

22 Commodity Credit Corporation established by section

23 9(b) of the Commodity Credit Corporation Charter

24 Act (15 U.S.C. 714g(b)).

25 (c) DELEGATION OF AUTHORITY.—
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1 (1) DELEGATION AUTHORIZED.—Subject to

2 paragraph (2), the Secretary may delegate to any

3 agency, office, officer, or employee of the Department

4 the authority to perform any function transferred to

5 the Secretary under subsection (a) or any other func6 tion vested in the Secretary as of the date of the en7 actment of this Act.

8 (2) EXCEPTION.—The delegation authority pro9 vided by paragraph (1) shall be subject to—

10 (A) sections 105(b)(1), 106(b)(1), 201(b)(1),

11 202(b)(1), 301(b)(1), 401(b)(1), 501(b)(1),

12 601(b)(1), 601(c)(2), 701(b)(1), 803, and 904 of

13 this Act;

14 (B) sections 502 and 503 of the Agricultural

15 Trade Act of 1978 (7 U.S.C. 5692 and 5693);

16 and

17 (C) section 8(b)(5) of the Soil Conservation

18 and Domestic Allotment Act (16 U.S.C.

19 590h(b)(5)), as amended by section 203(a) of this

20 Act.

21 (d) COST-BENEFIT ANALYSIS REQUIRED FOR NAME

22 CHANGE.—

23 (1) ANALYSIS REQUIRED.—Except as provided

24 in paragraph (2), the Secretary shall conduct a cost25 benefit analysis before changing the name of any
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1 agency, office, division, or other unit of the Depart2 ment to ensure that the benefits to be derived from

3 changing the name of the agency, office, division, or

4 other unit outweigh the expense of executing the name

5 change.

6 (2) EXCEPTION.—Paragraph (1) shall not apply

7 with respect to any name change specifically provided

8 for in this Act.

9 (e) PUBLIC COMMENT ON PROPOSED REORGANIZA10 TION.—To the extent that the implementation of the author11 ity provided to the Secretary by this Act to reorganize the

12 Department involves the creation of new agencies or offices

13 within the Department or the delegation of major functions

14 or major groups of functions to any agency or office of the

15 Department (or the officers thereof), the Secretary shall, to

16 the extent considered practicable by the Secretary—

17 (1) give appropriate advance public notice of the

18 proposed reorganization action or delegation; and

19 (2) afford appropriate opportunity for interested

20 parties to comment on the proposed reorganization

21 action or delegation.

22 (f) INTERAGENCY TRANSFER OF RECORDS, PROPERTY,

23 PERSONNEL, AND FUNDS.—

24 (1) RELATED TRANSFERS.—Subject to para25 graph (2), as part of the transfer or delegation of a
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1 function of the Department made or authorized by

2 this Act, the Secretary may transfer within the De3 partment—

4 (A) any of the records, property, or person5 nel affected by the transfer or delegation of the

6 function; and

7 (B) unexpended balances (available or to be

8 made available for use in connection with the

9 transferred or delegated function) of appropria10 tions, allocations, or other funds of the Depart11 ment.

12 (2) APPLICABLE LAW RELATING TO FUNDS

13 TRANSFER.—Section 1531 of title 31, United States

14 Code, shall apply to any transfer of funds under

15 paragraph (1).

16 SEC. 102. NATIONAL APPEALS DIVISION.

17 (a) ESTABLISHMENT.—Notwithstanding section 426 of

18 the Agricultural Act of 1949 (7 U.S.C. 1433e) or section

19 333B of the Consolidated Farm and Rural Development Act

20 (7 U.S.C.1983b), the Secretary shall establish a National

21 Appeals Division in the Department.

22 (b) JURISDICTION.—The Secretary may assign to the

23 National Appeals Division established under subsection (a)

24 all administrative appeals arising under the laws referred
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1 to in subsection (a) or under any other law that confers

2 authority upon the Secretary or the Department.

3 (c) DIRECTOR.—The National Appeals Division shall

4 be headed by a Director appointed by the Secretary from

5 among individuals with substantial experience in adminis6 trative law.

7 (d) PROCEDURES.—The Secretary shall establish pro8 cedures applicable to administrative appeals under the ju9 risdiction of the National Appeals Division.

10 (e) EFFECT ON RIGHTS OF PROGRAM PARTICI11 PANTS.—Notwithstanding the other provisions of this sec12 tion, the rights afforded program participants under the

13 laws referred to in subsection (a) shall not be limited or

14 abridged by this section.

15 (f) FINAL DECISIONS IN APPEALS.—The Secretary

16 may make final decisions in appeals under the jurisdiction

17 of the National Appeals Division, including appeals filed

18 under the laws referred to in subsection (a), or delegate au19 thority to make such final decisions to the Director of the

20 Division.

21 SEC. 103. REDUCTIONS IN NUMBER OF DEPARTMENT PER22 SONNEL.

23 (a) NUMBER OF REDUCTIONS REQUIRED.—The Sec24 retary shall achieve Federal employee reductions of at least
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1 7,500 staff years within the Department by the end of fiscal

2 year 1999.

3 (b) TOP-DOWN REDUCTIONS REQUIRED.—In achiev4 ing the employee reductions required in subsection (a), the

5 Secretary shall ensure that the percentage by which total

6 employee staff years in headquarters offices is reduced is

7 at least twice as great as the percentage by which total em8 ployee staff years in field offices is reduced.

9 SEC. 104. COMBINATION OF FIELD OFFICES.

10 (a) COMBINATION OF OFFICES REQUIRED.—The Sec11 retary shall combine field offices of agencies within the De12 partment to improve service to clients and reduce personnel

13 and duplicative overhead expenses.

14 (b) JOINT USE OF RESOURCES AND OFFICES RE15 QUIRED.—When two or more agencies share a common field

16 office, the Secretary shall require the agencies to jointly use

17 office space, equipment, office supplies, administrative per18 sonnel, and clerical personnel associated with that field

19 office.

20 SEC. 105. IMPROVEMENT OF INFORMATION SHARING.

21 Subject to the provision of funds in advance in appro22 priations Acts for this purpose, the Secretary shall procure

23 and use computer systems that enhance efficiency, produc24 tivity, and client services and are consistent with the goal
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1 of promoting computer information sharing among agencies

2 of the Department.

3 SEC. 106. DIRECTOR OF EXTERNAL AFFAIRS.

4 (a) ESTABLISHMENT.—There is established in the De5 partment the position of Director of External Affairs of the

6 Department of Agriculture. The Director of External Affairs

7 shall be appointed by the President, by and with the advice

8 and consent of the Senate.

9 (b) FUNCTIONS OF DIRECTOR.—

10 (1) PRINCIPAL FUNCTIONS.—The Secretary shall

11 delegate to the Director of External Affairs those func12 tions and duties that were under the jurisdiction of

13 the Assistant Secretary of Agriculture for Congres14 sional Relations and the Director of Public Affairs of

15 the Department as of the date of the enactment of this

16 Act.

17 (2) ADDITIONAL FUNCTIONS.—The Director of

18 External Affairs shall perform such other duties as

19 may be required by law or prescribed by the Sec20 retary.

21 (c) SUCCESSION.—Any official who is serving as As22 sistant Secretary of Agriculture for Congressional Relations

23 on the date of the enactment of this Act and who was ap24 pointed by the President, by and with the advice and con25 sent of the Senate—
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1 (1) shall be considered to be serving in the suc2 cessor position established by subsection (a); and

3 (2) shall not be required to be reappointed to

4 that position by reason of the enactment of this Act.

5 (d) CONFORMING AMENDMENT.—Section 5315 of title

6 5, United States Code, is amended by adding at the end

7 the following:

8 ‘‘Director of External Affairs of the Department

9 of Agriculture.’’.

10 SEC. 107. DIRECTOR FOR ADMINISTRATION.

11 (a) ESTABLISHMENT.—There is established in the De12 partment the position of Director for Administration of the

13 Department of Agriculture. The Director for Administra14 tion shall be appointed by the President, by and with the

15 advice and consent of the Senate.

16 (b) FUNCTIONS OF DIRECTOR.—

17 (1) PRINCIPAL FUNCTIONS.—The Secretary shall

18 delegate to the Director for Administration those func19 tions and duties that were under the jurisdiction of

20 the Assistant Secretary for Administration of the De21 partment as of the date of the enactment of this Act.

22 (2) ADDITIONAL FUNCTIONS.—The Director for

23 Administration shall perform such other duties as

24 may be required by law or prescribed by the Sec25 retary.
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1 (c) SUCCESSION.—Any official who is serving as As2 sistant Secretary of Agriculture for Administration on the

3 date of the enactment of this Act and who was appointed

4 by the President, by and with the advice and consent of

5 the Senate—

6 (1) shall be considered to be serving in the suc7 cessor position established by subsection (a); and

8 (2) shall not be required to be reappointed to

9 that position by reason of the enactment of this Act.

10 (d) CONFORMING AMENDMENT.—Section 5315 of title

11 5, United States Code, is amended by adding at the end

12 the following:

13 ‘‘Director for Administration of the Department

14 of Agriculture.’’.

15 TITLE II—FARM AND FOREIGN

16 AGRICULTURAL SERVICES

17 SEC. 201. UNDER SECRETARY OF AGRICULTURE FOR FARM

18 AND FOREIGN AGRICULTURAL SERVICES.

19 (a) ESTABLISHMENT.—There is established in the De20 partment the position of Under Secretary of Agriculture for

21 Farm and Foreign Agricultural Services. The Under Sec22 retary shall be appointed by the President, by and with the

23 advice and consent of the Senate.

24 (b) FUNCTIONS OF UNDER SECRETARY.—
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1 (1) PRINCIPAL FUNCTIONS.—The Secretary shall

2 delegate to the Under Secretary of Agriculture for

3 Farm and Foreign Agricultural Services those func4 tions and duties under the jurisdiction of the Depart5 ment that are related to farm and foreign agricul6 tural services.

7 (2) ADDITIONAL FUNCTIONS.—The Under Sec8 retary of Agriculture for Farm and Foreign Agricul9 tural Services shall perform such other functions and

10 duties as may be required by law or prescribed by the

11 Secretary.

12 (c) SUCCESSION.—Any official who is serving as

13 Under Secretary of Agriculture for International Affairs

14 and Commodity Programs on the date of the enactment of

15 this Act and who was appointed by the President, by and

16 with the advice and consent of the Senate—

17 (1) shall be considered to be serving in the suc18 cessor position established by subsection (a); and

19 (2) shall not be required to be reappointed to

20 that position by reason of the enactment of this Act.

21 (d) CONFORMING AMENDMENTS.—

22 (1) EXISTING POSITION.—Section 501 of the Ag23 ricultural Trade Act of 1978 (7 U.S.C. 5691), relat24 ing to the Under Secretary of Agriculture for Inter-
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1 national Affairs and Commodity Programs, is re2 pealed.

3 (2) EXECUTIVE SCHEDULE.—Section 5314 of

4 title 5, United States Code, is amended by striking

5 ‘‘Under Secretary of Agriculture for International Af6 fairs and Commodity Programs.’’ and inserting

7 ‘‘Under Secretary of Agriculture for Farm and For8 eign Agricultural Services.’’.

9 SEC. 202. AGRICULTURAL SERVICE AGENCY.

10 (a) ESTABLISHMENT.—The Secretary shall establish

11 and maintain an Agricultural Service Agency within the

12 Department.

13 (b) FUNCTIONS OF AGRICULTURAL SERVICE AGEN14 CY.—

15 (1) PRINCIPAL FUNCTIONS.—The Secretary shall

16 carry out through the Agricultural Service Agency the

17 following activities that are under the jurisdiction of

18 the Department:

19 (A) Agricultural price and income support

20 programs and related programs.

21 (B) General supervision of the Federal Crop

22 Insurance Corporation.

23 (C) Notwithstanding any other provision of

24 law, agricultural credit programs formerly as25 signed by law to the Farmers Home Administra-
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1 tion (including farm ownership and operating,

2 emergency, and disaster loan programs) and

3 other lending programs for farmers and others

4 engaged in the production of agricultural com5 modities.

6 (D) Agricultural conservation cost-share

7 and demonstration programs carried out by the

8 Agricultural Stabilization and Conservation

9 Service or the Farmers Home Administration as

10 of the date of the enactment of this Act.

11 (2) ADDITIONAL FUNCTIONS.—The Secretary

12 may assign to the Agricultural Service Agency such

13 additional functions as the Secretary considers appro14 priate in connection with the administration and im15 plementation of authorities assigned to the Secretary

16 by law.

17 (c) JURISDICTION OVER CONSERVATION PROGRAM AP18 PEALS.—

19 (1) IN GENERAL.—Until such time as an adverse

20 decision described in this paragraph is referred to the

21 National Appeals Division for consideration, the Ag22 ricultural Service Agency shall have initial jurisdic23 tion over any administrative appeal resulting from

24 an adverse decision made under title XII of the Food

25 Security Act of 1985 (16 U.S.C. 3801 et seq.), includ-
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1 ing an adverse decision involving technical deter2 minations made by the Soil Conservation Service.

3 (2) TREATMENT OF TECHNICAL DETERMINA4 TION.—With respect to administrative appeals involv5 ing a technical determination made by the Soil Con6 servation Service, the Agricultural Service Agency, by

7 rule with the concurrence of the Soil Conservation

8 Service, shall establish procedures for obtaining re9 view by the Soil Conservation Service of the technical

10 determinations involved. Such rules shall ensure that

11 technical criteria established by the Soil Conservation

12 Service shall be used by the Agricultural Service

13 Agency as the basis for any decisions regarding tech14 nical determinations.

15 (3) REINSTATEMENT OF PROGRAM BENEFITS.—

16 Rules issued to carry out this subsection shall provide

17 for the prompt reinstatement of benefits to a producer

18 who is determined in an administrative appeal to

19 meet the requirements of title XII of the Food Secu20 rity Act of 1985 applicable to the producer.

21 (4) DEFINITION.—For purposes of this sub22 section, the term ‘‘Soil Conservation Service’’ includes

23 any successor agency to the Soil Conservation Service.

24 (d) USE OF FEDERAL AND NON-FEDERAL EMPLOY25 EES.—
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1 (1) USE AUTHORIZED.—In the implementation

2 of programs and activities assigned to the Agricul3 tural Service Agency, the Secretary may use inter4 changeably in local offices of the agency both Federal

5 employees of the Department and non-Federal em6 ployees of county and area committees established

7 under section 8(b)(5) of the Soil Conservation and

8 Domestic Allotment Act (16 U.S.C. 590h(b)(5)).

9 (2) EXCEPTION.—Notwithstanding paragraph

10 (1), no personnel action (as defined in section

11 2302(a)(2)(A) of title 5, United States Code) may be

12 taken with respect to a Federal employee unless such

13 action is taken by another Federal employee.

14 (e) CONFORMING AMENDMENTS.—

15 (1) CROP INSURANCE.—The Federal Crop Insur16 ance Act (7 U.S.C.1501 et seq.) is amended—

17 (A) in section 505(a) (7 U.S.C. 1505(a)), by

18 striking ‘‘the Under Secretary or Assistant Sec19 retary of Agriculture responsible for the farm

20 credit programs of the Department of Agri21 culture,’’ and inserting ‘‘one additional Under

22 Secretary of Agriculture as designated by the

23 Secretary,’’; and
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1 (B) in section 507(d) (7 U.S.C. 1507(d)), by

2 striking ‘‘, except’’ and all that follows through

3 ‘‘agency’’.

4 (2) FARM AND RURAL DEVELOPMENT.—Section

5 331(a) of the Consolidated Farm and Rural Develop6 ment Act (7 U.S.C. 1981(a)) is amended by striking

7 ‘‘assets to the Farmers Home Administration’’ and all

8 that follows through the period and inserting ‘‘assets

9 to such officers or agencies of the Department of Agri10 culture as the Secretary considers appropriate.’’.

11 SEC. 203. STATE, COUNTY, AND AREA COMMITTEES.

12 (a) AMENDMENT TO THE SOIL CONSERVATION AND

13 DOMESTIC ALLOTMENT ACT.—Section 8(b) of the Soil Con14 servation and Domestic Allotment Act (16 U.S.C. 590h(b))

15 is amended—

16 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

17 (2) by designating the second through eighth un18 designated paragraphs as paragraphs (2) through (8),

19 respectively; and

20 (3) by striking paragraph (5) (as so designated)

21 and inserting the following new paragraph:

22 ‘‘(5) STATE, COUNTY, AND AREA COMMITTEES.—

23 ‘‘(A) APPOINTMENT OF STATE COMMITTEES.—

24 The Secretary shall appoint in each State a State

25 committee composed of not fewer than 3 nor more
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1 than 5 members who are fairly representative of the

2 farmers in the State. The members of a State commit3 tee shall serve at the pleasure of the Secretary for such

4 term as the Secretary may establish.

5 ‘‘(B) ESTABLISHMENT OF COUNTY OR AREA COM6 MITTEES.—(i) In each county or area in which ac7 tivities are carried out under this section, the Sec8 retary shall establish a county or area committee.

9 ‘‘(ii) Any such committee shall consist of not

10 fewer than 3 nor more than 5 members who are fairly

11 representative of the farmers in the county or area

12 and who shall be elected by the farmers in such coun13 ty or area under such procedures as the Secretary

14 may prescribe.

15 ‘‘(iii) Only farmers within a local administra16 tive area who are producers who participate or co17 operate in programs administered within their area

18 shall be eligible for nomination and election to the

19 local committee for that area.

20 ‘‘(iv) The Secretary shall solicit and accept

21 nominations from organizations representing the in22 terests of socially disadvantaged groups (as defined in

23 section 355(e)(1) of the Consolidated Farm and Rural

24 Development Act (7 U.S.C. 2003(e)(1)).
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1 ‘‘(v) Members of each county or area committee

2 shall serve for terms not to exceed 3 years.

3 ‘‘(C) USE OF COMMITTEES.—The Secretary shall

4 use the services of such committees in carrying out

5 programs under this section and the agricultural

6 credit programs under the Consolidated Farm and

7 Rural Development Act (7 U.S.C. 1921 et seq.) and

8 in considering administrative appeals under the ju9 risdiction of the Agricultural Service Agency, as pro10 vided by section 202(c) of the Department of Agri11 culture Reorganization Act of 1994. In addition, to

12 the extent the Secretary determines appropriate, the

13 Secretary may use the services of such committees in

14 carrying out programs under other authorities ad15 ministered by the Secretary .

16 ‘‘(D) REGULATIONS.—The Secretary shall issue

17 such regulations as the Secretary considers necessary

18 relating to the selection and exercise of the functions

19 of the respective committees, and to the administra20 tion through such committees of the programs de21 scribed in subparagraph (C). Regulations governing

22 payments or grants under this subsection shall be as

23 simple and direct as possible, and, whenever prac24 ticable, they shall be classified on the following two

25 bases:
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1 ‘‘(i) Soil-depleting practices.

2 ‘‘(ii) Soil-building practices.

3 ‘‘(E) MANDATORY DUTIES OF SECRETARY.—In

4 carrying out this section, the Secretary shall—

5 ‘‘(i) insofar as practicable, protect the inter6 ests of tenants and sharecroppers;

7 ‘‘(ii) accord such encouragement to pro8 ducer-owned and producer-controlled cooperative

9 associations as will be in harmony with the pol10 icy toward cooperative associations set forth in

11 Federal laws and as will tend to promote effi12 cient methods of marketing and distribution;

13 ‘‘(iii) in every practicable manner, protect

14 the interests of small producers; and

15 ‘‘(iv) in every practical way, encourage and

16 provide for soil-conserving and soil-rebuilding

17 practices.

18 ‘‘(F) DISCRETIONARY AUTHORITIES OF SEC19 RETARY.—In carrying out this section, the Secretary

20 may use other approved agencies.

21 ‘‘(G) LIMITATIONS.—In carrying out this sec22 tion, the Secretary shall not have the authority to ac23 quire any land or any right or interest in land.’’.
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1 (b) CONFORMING AMENDMENTS.—The Consolidated

2 Farm and Rural Development Act (7 U.S.C. 1921 et seq.)

3 is amended—

4 (1) by striking section 332 (7 U.S.C. 1982); and

5 (2) in section 333 (7 U.S.C. 1983)—

6 (A) by striking paragraph (2); and

7 (B) redesignating paragraphs (3), (4), and

8 (5) as paragraphs (2), (3), and (4), respectively.

9 TITLE III—RURAL ECONOMIC

10 AND COMMUNITY DEVELOP11 MENT

12 SEC. 301. UNDER SECRETARY OF AGRICULTURE FOR RURAL

13 ECONOMIC AND COMMUNITY DEVELOPMENT.

14 (a) ESTABLISHMENT.—There is established in the De15 partment the position of Under Secretary of Agriculture for

16 Rural Economic and Community Development. The Under

17 Secretary shall be appointed by the President, by and with

18 the advice and consent of the Senate.

19 (b) FUNCTIONS OF UNDER SECRETARY.—

20 (1) PRINCIPAL FUNCTIONS.—The Secretary shall

21 delegate to the Under Secretary of Agriculture for

22 Rural Economic and Community Development those

23 functions and duties under the jurisdiction of the De24 partment that are related to rural economic and com25 munity development.
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1 (2) ADDITIONAL FUNCTIONS.—The Under Sec2 retary of Agriculture for Rural Economic and Com3 munity Development shall perform such other func4 tions and duties as may be required by law or pre5 scribed by the Secretary.

6 (c) SUCCESSION.—Any official who is serving as

7 Under Secretary of Agriculture for Small Community and

8 Rural Development on the date of the enactment of this Act

9 and who was appointed by the President, by and with the

10 advice and consent of the Senate—

11 (1) shall be considered to be serving in the suc12 cessor position established by subsection (a); and

13 (2) shall not be required to be reappointed to

14 that position by reason of the enactment of this Act.

15 (d) LOAN APPROVAL AUTHORITY.—Approval author16 ity for loans and loan guarantees in the electric and tele17 phone loan and loan guarantee programs authorized by the

18 Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.)

19 shall not be transferred to, or conditioned upon review of,

20 a State director or other employee whose primary duty is

21 not the review and approval of such loans or the provision

22 of assistance to such borrowers.

23 (e) CONFORMING AMENDMENTS.—
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1 (1) EXISTING POSITION.—Section 3 of the Rural

2 Development Policy Act of 1980 (7 U.S.C. 2211b) is

3 amended by striking subsection (a).

4 (2) EXECUTIVE SCHEDULE.—Section 5314 of

5 title 5, United States Code, is amended by striking

6 ‘‘Under Secretary of Agriculture for Small Commu7 nity and Rural Development.’’ and inserting ‘‘Under

8 Secretary of Agriculture for Rural Economic and

9 Community Development.’’.

10 (f) AMENDMENTS TO THE RURAL ELECTRIFICATION

11 ACT OF 1936.—The Rural Electrification Act of 1936 (7

12 U.S.C. 901 et seq.) is amended—

13 (1) in section 1 (7 U.S.C. 901), by striking the

14 first sentence;

15 (2) in section 2(a) (7 U.S.C. 902(a)), by striking

16 ‘‘Administrator’’ and inserting ‘‘Secretary of Agri17 culture’’;

18 (3) in section 3(a) (7 U.S.C. 903(a))—

19 (A) by striking ‘‘Administrator, upon the

20 request and approval of the Secretary of Agri21 culture,’’ and inserting ‘‘Secretary’’; and

22 (B) by striking ‘‘Administrator appointed

23 pursuant to the provisions of this Act or from

24 the Administrator of the Rural Electrification
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1 Administration established by Executive Order

2 Numbered 7037’’ and inserting ‘‘Secretary’’;

3 (4) in section 8 (7 U.S.C. 908)—

4 (A) by striking ‘‘Administrator authorized

5 to be appointed by this Act’’ and inserting ‘‘Sec6 retary’’; and

7 (B) by striking ‘‘Rural Electrification Ad8 ministration created by this Act’’ and inserting

9 ‘‘Secretary’’;

10 (5) by striking section 11A (7 U.S.C. 911a);

11 (6) in section 13 (7 U.S.C. 913), by inserting be12 fore the period the following: ‘‘; the term ‘Secretary’

13 shall be deemed to mean the Secretary of Agri14 culture’’;

15 (7) in sections 206(b)(2), 306A(b), 311, and

16 405(b)(1)(A) (7 U.S.C. 927(b)(2), 936a(b), 940a, and

17 945(b)(1)(A)), by striking ‘‘Rural Electrification Ad18 ministration’’ each place it appears and inserting

19 ‘‘Secretary’’;

20 (8) in sections 305(c)(2)(C)(ii)(II) and 306E(d)

21 (7 U.S.C. 935(c)(2)(C)(ii)(II) and 936e(d)), by strik22 ing ‘‘ADMINISTRATOR’’ both places it appears and in23 serting ‘‘SECRETARY’’;

24 (9) in section 403(b) (7 U.S.C. 943(b)), by strik25 ing ‘‘Rural Electrification Administration or of any
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1 other agency of the Department of Agriculture,’’ and

2 inserting ‘‘Secretary,’’;

3 (10) in section 404 (7 U.S.C. 944), by striking

4 ‘‘the Administrator of the Rural Electrification Ad5 ministration’’ and inserting ‘‘the Secretary shall des6 ignate an official of the Department of Agriculture

7 who’’;

8 (11) in sections 406(c) and 410 (7 U.S.C. 946(c)

9 and 950), by striking ‘‘Administrator of the Rural

10 Electrification Administration’’ each place it appears

11 and inserting ‘‘Secretary’’;

12 (12) in the heading of section 501 (7 U.S.C.

13 950aa), by striking ‘‘OF REA ADMINISTRATOR’’;

14 and

15 (13) except as otherwise provided in this sub16 section, by striking ‘‘Administrator’’ each place it ap17 pears in such Act and inserting ‘‘Secretary’’.

18 (g) MISCELLANEOUS AMENDMENTS RELATED TO

19 RURAL ELECTRIFICATION ADMINISTRATION.—(1) Section

20 236(a) of the Disaster Relief Act of 1970 (7 U.S.C. 912a)

21 is amended by striking ‘‘Rural Electrification Administra22 tion’’ and inserting ‘‘Secretary under the Rural Electrifica23 tion Act of 1936’’.

24 (2) Section 505 of the Department of Agriculture Or25 ganic Act of 1944 (7 U.S.C. 915) is amended—
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1 (A) by striking ‘‘Rural Electrification Ad2 ministration’’ and inserting ‘‘Secretary of Agri3 culture’’; and

4 (B) by striking ‘‘its’’ and inserting ‘‘the

5 Secretary’s’’.

6 (3) Section 401 of the Rural Electrification Act of

7 1938 (7 U.S.C. 903 note, 52 Stat. 818) is amended in the

8 second paragraph by striking ‘‘Administrator of the Rural

9 Electrification Administration’’ and inserting ‘‘Secretary

10 of Agriculture’’.

11 (4) Chapter 1 of subtitle D of title XXIII of the Food,

12 Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.

13 950aaa et seq.), relating to Distance Learning and Medical

14 Link Programs, is amended—

15 (A) in section 2333—

16 (i) by striking paragraph (1); and

17 (ii) by redesignating paragraphs (2)

18 through (11) as paragraphs (1) through (10), re19 spectively;

20 (B) in section 2334(h)(2), by striking ‘‘section

21 2333(3)(F)’’ and inserting ‘‘section 2333(2)(F)’’; and

22 (C) by striking ‘‘Administrator’’ each place it

23 appears and inserting ‘‘Secretary’’.
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1 TITLE IV—FOOD, NUTRITION,

2 AND CONSUMER SERVICES

3 SEC. 401. UNDER SECRETARY OF AGRICULTURE FOR FOOD,

4 NUTRITION, AND CONSUMER SERVICES.

5 (a) ESTABLISHMENT.—There is established in the De6 partment the position of Under Secretary of Agriculture for

7 Food, Nutrition, and Consumer Services. The Under Sec8 retary shall be appointed by the President, by and with the

9 advice and consent of the Senate.

10 (b) FUNCTIONS OF UNDER SECRETARY.—

11 (1) PRINCIPAL FUNCTIONS.—The Secretary shall

12 delegate to the Under Secretary of Agriculture for

13 Food, Nutrition, and Consumer Services those func14 tions and duties under the jurisdiction of the Depart15 ment that are related to food, nutrition, and

16 consumer services (except as provided in section

17 701(b)(1)).

18 (2) ADDITIONAL FUNCTIONS.—The Under Sec19 retary of Agriculture for Food, Nutrition, and

20 Consumer Services shall perform such other functions

21 and duties as may be required by law or prescribed

22 by the Secretary.

23 (c) SUCCESSION.—Any official who is serving as As24 sistant Secretary of Agriculture for Food and Consumer

25 Services on the date of the enactment of this Act and who
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1 was appointed by the President, by and with the advice

2 and consent of the Senate—

3 (1) shall be considered to be serving in the suc4 cessor position established by subsection (a); and

5 (2) shall not be required to be reappointed to

6 that position by reason of the enactment of this Act.

7 (d) EXECUTIVE SCHEDULE.—Section 5314 of title 5,

8 United States Code, is amended by inserting after the item

9 relating to the Under Secretary of Agriculture for Farm

10 and Foreign Agricultural Services (as added by section

11 201(d)(2)) the following:

12 ‘‘Under Secretary of Agriculture for Food, Nutri13 tion, and Consumer Services.’’.

14 TITLE V—NATURAL RESOURCES

15 AND ENVIRONMENT

16 SEC. 501. UNDER SECRETARY OF AGRICULTURE FOR NATU17 RAL RESOURCES AND ENVIRONMENT.

18 (a) ESTABLISHMENT.—There is established in the De19 partment the position of Under Secretary of Agriculture for

20 Natural Resources and Environment. The Under Secretary

21 shall be appointed by the President, by and with the advice

22 and consent of the Senate.

23 (b) FUNCTIONS OF UNDER SECRETARY.—

24 (1) PRINCIPAL FUNCTIONS.—The Secretary shall

25 delegate to the Under Secretary of Agriculture for
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1 Natural Resources and Environment those functions

2 and duties under the jurisdiction of the Department

3 that are related to natural resources and the environ4 ment (except to the extent those functions and duties

5 are delegated to the Agricultural Service Agency

6 under section 202).

7 (2) ADDITIONAL FUNCTIONS.—The Under Sec8 retary of Agriculture for Natural Resources and Envi9 ronment shall perform such other functions and duties

10 as may be required by law or prescribed by the Sec11 retary.

12 (c) SUCCESSION.—Any official who is serving as As13 sistant Secretary of Agriculture for Natural Resources and

14 Environment on the date of the enactment of this Act and

15 who was appointed by the President, by and with the advice

16 and consent of the Senate—

17 (1) shall be considered to be serving in the suc18 cessor position established by subsection (a); and

19 (2) shall not be required to be reappointed to

20 that position by reason of the enactment of this Act.

21 (d) EXECUTIVE SCHEDULE.—Section 5314 of title 5,

22 United States Code, is amended by inserting after the item

23 relating to the Under Secretary of Agriculture for Food, Nu24 trition, and Consumer Services (as added by section 401(d))

25 the following:
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1 ‘‘Under Secretary of Agriculture for Natural Re2 sources and Environment.’’.

3 (e) CONFORMING AMENDMENTS.—

4 (1) SOIL CONSERVATION SERVICE.—Section 5 of

5 the Soil Conservation and Domestic Allotment Act

6 (16 U.S.C. 590e) is repealed.

7 (2) SOIL AND WATER RESOURCES CONSERVA8 TION.—The Soil and Water Resources Conservation

9 Act of 1977 (16 U.S.C. 2001) is amended—

10 (A) in section 2(2) (16 U.S.C. 2001(2))—

11 (i) by striking ‘‘created the Soil Con12 servation Service’’; and

13 (ii) by striking ‘‘Department of Agri14 culture which’’ and inserting ‘‘, has ensured

15 that the Department of Agriculture’’;

16 (B) in section 3(2) (16 U.S.C. 2002(2)), by

17 striking ‘‘through the Soil Conservation Service’’;

18 and

19 (C) in section 6(a) (16 U.S.C. 2005(a)), by

20 striking ‘‘Soil Conservation Service’’ and insert21 ing ‘‘Secretary’’.
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1 TITLE VI—RESEARCH,

2 EDUCATION, AND ECONOMICS

3 SEC. 601. UNDER SECRETARY OF AGRICULTURE FOR RE4 SEARCH, EDUCATION, AND ECONOMICS.

5 (a) ESTABLISHMENT.—There is established in the De6 partment the position of Under Secretary of Agriculture for

7 Research, Education, and Economics. The Under Secretary

8 shall be appointed by the President, by and with the advice

9 and consent of the Senate.

10 (b) FUNCTIONS OF UNDER SECRETARY.—

11 (1) PRINCIPAL FUNCTIONS.—The Secretary shall

12 delegate to the Under Secretary of Agriculture for Re13 search, Education, and Economics those functions

14 and duties under the jurisdiction of the Department

15 that are related to research, education, and economics.

16 (2) ADDITIONAL FUNCTIONS.—The Under Sec17 retary of Agriculture for Research, Education, and

18 Economics shall perform such other functions and du19 ties as may be required by law or prescribed by the

20 Secretary.

21 (c) COOPERATIVE STATE RESEARCH AND EDUCATION

22 SERVICE.—

23 (1) ESTABLISHMENT.—The Secretary shall estab24 lish and maintain within the Department a Coopera25 tive State Research and Education Service.
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1 (2) DUTIES.—The Secretary shall delegate to the

2 Cooperative State Research and Education Service

3 functions related to cooperative State research pro4 grams and cooperative extension and education pro5 grams that are under the jurisdiction of the Depart6 ment.

7 (3) OFFICER-IN-CHARGE.—The officer in charge

8 of the Cooperative State Research and Education

9 Service shall report directly to the Under Secretary of

10 Agriculture for Research, Education, and Economics.

11 (d) EXECUTIVE SCHEDULE.—Section 5314 of title 5,

12 United States Code, is amended by inserting after the item

13 relating to the Under Secretary of Agriculture for Natural

14 Resources and Environment (as added by section 501(d))

15 the following:

16 ‘‘Under Secretary of Agriculture for Research,

17 Education, and Economics.’’.

18 TITLE VII—FOOD SAFETY

19 SEC. 701. UNDER SECRETARY OF AGRICULTURE FOR FOOD

20 SAFETY.

21 (a) ESTABLISHMENT.—There is established in the De22 partment of Agriculture the position of Under Secretary of

23 Agriculture for Food Safety. The Under Secretary shall be

24 appointed by the President, by and with the advice and

25 consent of the Senate, from among individuals with special-
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1 ized training or significant experience in food safety or

2 public health programs.

3 (b) FUNCTIONS OF UNDER SECRETARY.—

4 (1) PRINCIPAL FUNCTIONS.—The Secretary shall

5 delegate to the Under Secretary of Agriculture for

6 Food Safety those functions and duties under the ju7 risdiction of the Department that are related to food

8 safety.

9 (2) ADDITIONAL FUNCTIONS.—The Under Sec10 retary of Agriculture for Food Safety shall perform

11 such other functions and duties as may be required by

12 law or prescribed by the Secretary.

13 (c) EXECUTIVE SCHEDULE.—Section 5314 of title 5,

14 United States Code, is amended by inserting after the item

15 relating to the Under Secretary of Agriculture for Research,

16 Education, and Economics (as added by section 601(d)) the

17 following:

18 ‘‘Under Secretary of Agriculture for Food

19 Safety.’’.
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1 TITLE VIII—MISCELLANEOUS

2 PROVISIONS

3 SEC. 801. EXPANSION OF ISSUES COVERED BY STATE MEDI4 ATION PROGRAMS.

5 (a) EXPANSION OF MEDIATION PROGRAMS.—Section

6 501 of the Agricultural Credit Act of 1987 (7 U.S.C. 5101)

7 is amended—

8 (1) in subsection (a), by striking ‘‘an agricul9 tural loan mediation program’’ and inserting ‘‘a me10 diation program’’;

11 (2) in subsection (b), by striking ‘‘agricultural

12 loan’’; and

13 (3) by striking subsection (c) and inserting the

14 following new subsection:

15 ‘‘(c) REQUIREMENTS OF STATE MEDIATION PRO16 GRAMS.—

17 ‘‘(1) ISSUES COVERED.—To be certified as a

18 qualifying State, the mediation program of the State

19 must provide mediation services for the persons de20 scribed in paragraph (2) who are involved in agricul21 tural loans or agricultural loans and one or more of

22 the following issues under the jurisdiction of the De23 partment of Agriculture:

24 ‘‘(A) Wetlands determinations.
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1 ‘‘(B) Compliance with farm programs, in2 cluding conservation programs.

3 ‘‘(C) Agricultural credit.

4 ‘‘(D) Rural water loan programs.

5 ‘‘(E) Grazing on National Forest System

6 lands.

7 ‘‘(F) Pesticides.

8 ‘‘(G) Such other issues as the Secretary con9 siders appropriate.

10 ‘‘(2) PERSONS ELIGIBLE FOR MEDIATION.—The

11 persons referred to in paragraph (1) are producers,

12 their creditors (if applicable), and other persons di13 rectly affected by actions of the Department of Agri14 culture.

15 ‘‘(3) CERTIFICATION CONDITIONS.—The Sec16 retary shall certify a State as a qualifying State with

17 respect to the issues proposed to be covered by the me18 diation program of the State if the mediation pro19 gram—

20 ‘‘(A) provides for mediation services that, if

21 decisions are reached, result in mediated, mutu22 ally agreeable decisions between the parties to the

23 mediation;
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1 ‘‘(B) is authorized or administered by an

2 agency of the State government or by the Gov3 ernor of the State;

4 ‘‘(C) provides for the training of mediators;

5 ‘‘(D) provides that the mediation sessions

6 shall be confidential;

7 ‘‘(E) ensures, in the case of agricultural

8 loans, that all lenders and borrowers of agricul9 tural loans receive adequate notification of the

10 mediation program; and

11 ‘‘(F) ensures, in the case of other issues cov12 ered by the mediation program, that persons di13 rectly affected by actions of the Department of

14 Agriculture receive adequate notification of the

15 mediation program.’’.

16 (b) PARTICIPATION OF DEPARTMENT.—Section 503 of

17 such Act (7 U.S.C. 5103) is amended—

18 (1) by striking ‘‘agricultural loan’’ each place it

19 appears;

20 (2) in the matter preceding subparagraph (A) of

21 subsection (a)(1)—

22 (A) by inserting ‘‘or agency’’ after ‘‘pro23 gram’’; and

24 (B) by striking ‘‘that makes, guarantees, or

25 insures agricultural loans’’;
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1 (3) in subsection (a)(1)(A)—

2 (A) by inserting ‘‘or agency’’ after ‘‘such

3 program’’; and

4 (B) by inserting ‘‘certified under section

5 501’’ after ‘‘mediation program’’;

6 (4) in subsection (a)(1)(B)—

7 (A) by striking ‘‘, effective beginning on the

8 date of the enactment of this Act,’’; and

9 (B) by inserting ‘‘certified under section

10 501’’ after ‘‘mediation programs’’; and

11 (5) in subsection (a)(1)(C)—

12 (A) in clause (i), by striking ‘‘described in’’

13 and inserting ‘‘certified under’’; and

14 (B) in clause (ii), by inserting ‘‘if applica15 ble,’’ before ‘‘present’’.

16 (c) REGULATIONS.—Section 504 of such Act (7 U.S.C.

17 5104) is amended—

18 (1) by striking ‘‘Within 150 days after the date

19 of the enactment of this Act, the’’ and inserting

20 ‘‘The’’; and

21 (2) by adding at the end the following new sen22 tence: ‘‘The regulations prescribed by the Secretary

23 shall require qualifying States to adequately train

24 mediators to address all of the issues covered by the

25 mediation program of the State.’’.
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1 (d) REPORT.—Section 505 of such Act (7 U.S.C. 5105)

2 is amended by striking ‘‘1990’’ and inserting ‘‘1998’’.

3 (e) AUTHORIZATION OF APPROPRIATIONS.—Section

4 506 of such Act (7 U.S.C. 5106) is amended by striking

5 ‘‘1995’’ and inserting ‘‘2000’’.

6 (f) CONFORMING AMENDMENTS.—

7 (1) REFERENCES TO AGRICULTURAL LOANS.—

8 Subtitle A of title V of such Act is amended—

9 (A) in sections 502 and 505(1) (7 U.S.C.

10 5102, 5105(1)), by striking ‘‘agricultural loan’’

11 each place it appears; and

12 (B) in section 505(3) (7 U.S.C. 5105(3)), by

13 striking ‘‘an agricultural loan mediation’’ and

14 inserting ‘‘a mediation’’.

15 (2) WAIVER OF FARM CREDIT SYSTEM MEDI16 ATION RIGHTS BY BORROWERS.—Section 4.14E of the

17 Farm Credit Act of 1971 (12 U.S.C. 2202e) is amend18 ed by striking ‘‘agricultural loan’’.

19 (3) WAIVER OF FMHA MEDIATION RIGHTS BY

20 BORROWERS.—Section 358 of the Consolidated Farm

21 and Rural Development Act (7 U.S.C. 2006) is

22 amended by striking ‘‘agricultural loan’’.
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1 SEC. 802. SUCCESSORSHIP PROVISIONS RELATING TO BAR2 GAINING UNITS AND EXCLUSIVE REPRESENT3 ATIVES.

4 (a) VOLUNTARY AGREEMENT.—

5 (1) IN GENERAL.—If the exercise of the Sec6 retary’s authority under this Act results in changes to

7 an existing bargaining unit that has been certified

8 under chapter 71 of title 5, United States Code, the

9 affected parties shall attempt to reach a voluntary

10 agreement on a new bargaining unit and an exclusive

11 representative for such unit.

12 (2) CRITERIA.—In carrying out the requirements

13 of this subsection, the affected parties shall use cri14 teria set forth in—

15 (A) sections 7103(a)(4), 7111(e), 7111(f)(1),

16 and 7120 of title 5, United States Code, relating

17 to determining an exclusive representative; and

18 (B) section 7112 of title 5, United States

19 Code (disregarding subsections (b)(5) and (d)

20 thereof), relating to determining appropriate

21 units.

22 (b) EFFECT OF AN AGREEMENT.—

23 (1) IN GENERAL.—If the affected parties reach

24 agreement on the appropriate unit and the exclusive

25 representative for such unit under subsection (a), the

26 Federal Labor Relations Authority shall certify the
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1 terms of such agreement, subject to paragraph (2)(A).

2 Nothing in this subsection shall be considered to re3 quire the holding of any hearing or election as a con4 dition for certification.

5 (2) RESTRICTIONS.—

6 (A) CONDITIONS REQUIRING NONCER7 TIFICATION.—The Federal Labor Relations Au8 thority may not certify the terms of an agree9 ment under paragraph (1) if—

10 (i) it determines that any of the cri11 teria referred to in subsection (a)(2) (dis12 regarding section 7112(a) of title 5, United

13 States Code) have not been met; or

14 (ii) after the Secretary’s exercise of au15 thority and before certification under this

16 section, a valid election under section

17 7111(b) of title 5, United States Code, is

18 held covering any employees who would be

19 included in the unit proposed for certifi20 cation.

21 (B) TEMPORARY WAIVER OF PROVISION

22 THAT WOULD BAR AN ELECTION AFTER A COL23 LECTIVE BARGAINING AGREEMENT IS

24 REACHED.—Nothing in section 7111(f)(3) of title

25 5, United States Code, shall prevent the holding
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1 of an election under section 7111(b) of such title

2 that covers employees within a unit certified

3 under paragraph (1), or giving effect to the re4 sults of such an election (including a decision

5 not to be represented by any labor organization),

6 if the election is held before the end of the 12-

7 month period beginning on the date such unit is

8 so certified.

9 (C) CLARIFICATION.—The certification of a

10 unit under paragraph (1) shall not, for purposes

11 of the last sentence of section 7111(b) of title 5,

12 United States Code, or section 7111(f)(4) of such

13 title, be treated as if it had occurred pursuant to

14 an election.

15 (3) DELEGATION.—

16 (A) IN GENERAL.—The Federal Labor Rela17 tions Authority may delegate to any regional di18 rector (as referred to in section 7105(e) of title

19 5, United States Code) its authority under the

20 preceding provisions of this subsection.

21 (B) REVIEW.—Any action taken by a re22 gional director under subparagraph (A) shall be

23 subject to review under the provisions of section

24 7105(f) of title 5, United States Code, in the

25 same manner as if such action had been taken
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1 under section 7105(e) of such title, except that in

2 the case of a decision not to certify, such review

3 shall be required if application therefor is filed

4 by an affected party within the time specified in

5 such provisions.

6 (c) DEFINITION.—For purposes of this section, the

7 term ‘‘affected party’’ means—

8 (1) with respect to an exercise of authority by

9 the Secretary under this Act, any labor organization

10 affected thereby; and

11 (2) the Department of Agriculture.

12 SEC. 803. CONDITIONS ON IMPLEMENTATION OF ALTER13 ATION IN LEVEL OF SELENIUM ALLOWED IN

14 ANIMAL DIETS.

15 (a) CONDITIONS.—The Food and Drug Administration

16 shall not implement or enforce the final rule described in

17 subsection (b) to alter the level of selenium allowed to be

18 used as a supplement in animal diets unless the Commis19 sioner of the Food and Drug Administration makes a deter20 mination that—

21 (1) selenium additives are not essential, at levels

22 authorized in the absence of such final rule, to main23 tain animal nutrition and protect animal health;

24 (2) selenium at such levels is not safe to the ani25 mals consuming the additive;
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1 (3) selenium at such levels is not safe to individ2 uals consuming edible portions of animals that re3 ceive the additive;

4 (4) selenium at such levels does not achieve its

5 intended effect of promoting normal growth and re6 production of livestock and poultry; and

7 (5) the manufacture and use of selenium at such

8 levels cannot reasonably be controlled by adherence to

9 current good manufacturing practice requirements.

10 (b) FINAL RULE DESCRIBED.—The final rule referred

11 to in subsection (a) is the final rule issued by the Food

12 and Drug Administration and published in the Federal

13 Register on September 13, 1993 (58 Fed. Reg. 47962), in

14 which the Administration stayed 1987 amendments to the

15 selenium food additive regulations, and any modification

16 of such rule issued after the date of the enactment of this

17 Act.

18 SEC. 804. OFFICE OF ENVIRONMENTAL RISK ASSESSMENT.

19 (a) OFFICE OF ENVIRONMENTAL RISK ASSESSMENT.—

20 The Secretary shall establish in the Department an Office

21 of Environmental Risk Assessment (in this section referred

22 to as the ‘‘Office’’), which shall be independent of other of23 fices and agencies of the Department, but shall have the au24 thority to advise such offices and agencies regarding the en25 vironmental risks addressed by Department regulations and
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1 the implementation and compliance costs associated with

2 such regulations. The Office shall be under the direction of

3 a Director appointed by the Secretary.

4 (b) STRATEGY TO ANALYZE RISKS AND BENEFITS.—

5 The Director of the Office shall develop a strategy for per6 forming, to the greatest extent practicable and consistent

7 with the provisions of this section and other provisions of

8 the law applicable to the Department, risk/benefit analyses

9 in connection with the regulations described in subsection

10 (c) that are performed consistently and employ state-of-the11 art scientific techniques that are practicable with the re12 sources available. The implementation of the strategy shall

13 be subject to the approval of the Secretary.

14 (c) REVIEW AND CERTIFICATION OF DEPARTMENT

15 REGULATIONS.—In connection with each proposed major

16 regulation relating to public health, public safety, or the

17 environment that is issued by the Department after the date

18 on which the Secretary approves of the risk/benefit analysis

19 strategy under subsection (b), the Director of the Office shall

20 publish in the Federal Register—

21 (1) an estimate, with as much specificity as

22 practicable, of—

23 (A) the risk to the health and safety of indi24 viduals that is addressed by the regulation, in-
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1 cluding the effect of the risk on human health or

2 the environment;

3 (B) the costs associated with the implemen4 tation of, and compliance with, the regulation;

5 and

6 (C) a comparative analysis of that risk rel7 ative to other risks to which the public is ex8 posed; and

9 (2) subject to subsection (d), a certification by

10 the Director that—

11 (A) the estimate under paragraph (1)(B)

12 and the analysis under paragraph (1)(C) are

13 based on a scientific evaluation of the risk re14 ferred to in paragraph (1)(A) and are supported

15 by the best available scientific data;

16 (B) the regulation will substantially ad17 vance the purpose of protecting the public health

18 and safety or the environment against the risk

19 referred to in paragraph (1)(A); and

20 (C) the regulation will produce benefits to

21 public health and safety or the environment that

22 will justify the costs incurred by local, State,

23 and Federal Government and other public and

24 private entities as a result of the implementation
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1 of, and compliance with, the regulation, as esti2 mated in paragraph (1)(B).

3 (d) REPORT TO CONGRESS OF LACK OF CERTIFI4 CATION.—If the Director of the Office cannot make the cer5 tification required under subsection (c)(2) for a regulation,

6 the Director shall submit to Congress a report containing

7 a statement of the reasons why the certification cannot be

8 made. The statement shall be included in the final regula9 tion.

10 (e) EFFECT ON OTHER LAWS; JUDICIAL REVIEW.—

11 This section, and any certification made under subsection

12 (c), shall not be construed to amend, modify, or alter any

13 law and shall not be subject to judicial review. This section

14 shall not be construed to grant a cause of action to any

15 person.

16 SEC. 805. REPEAL OF SUPERSEDED PROVISIONS.

17 (a) IN GENERAL.—The following provisions of law are

18 repealed:

19 (1) Section 2 of Reorganization Plan No. 2 of

20 1953 (5 U.S.C. App; 7 U.S.C. 2201 note).

21 (2) Section 2 of the Act entitled ‘‘An Act to en22 large the powers and duties of the Department of Ag23 riculture and to create an Executive Department to

24 be known as the Department of Agriculture.’’, ap25 proved February 9, 1889 (7 U.S.C. 2212).
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1 (3) The first paragraph designated ‘‘OFFICE OF

2 THE SECRETARY:’’ under the heading ‘‘DEPART3 MENT OF AGRICULTURE’’ of the Act entitled ‘‘An

4 Act making appropriations for the Department of Ag5 riculture for the fiscal year ending June thirtieth,

6 nineteen hundred and seven.’’, approved June 30,

7 1906 (34 Stat. 670; 7 U.S.C. 2212).

8 (4) Section 604(a) of the Rural Development Act

9 of 1972 (7 U.S.C. 2212a).

10 (5) Section 2 of Public Law 94–561 (7 U.S.C.

11 2212b).

12 (6) Section 8(a) of Public Law 97–325 (7 U.S.C.

13 2212c).

14 (7) Section 1413(d) of the National Agricultural

15 Research, Extension, and Teaching Policy Act of 1977

16 (7 U.S.C. 3128(d)).

17 (8) Section 306(a)(15)(C) of the Consolidated

18 Farm and Rural Development Act (7 U.S.C.

19 1926(a)(15)(C)).

20 (9) Section 2322(d)(2) of the Food, Agriculture,

21 Conservation, and Trade Act of 1990 (7 U.S.C. 1926–

22 1(d)(2)).

23 (10) Section 364 of the Consolidated Farm and

24 Rural Development Act (7 U.S.C. 2006f).
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1 (b) TERMINATION OF AUTHORITY FOR ASSISTANT SEC2 RETARIES.—Section 5315 of title 5, United States Code, is

3 amended by striking ‘‘Assistant Secretaries of Agriculture

4 (7).’’.

5 (c) TERMINATION OF OTHER EXECUTIVE SCHEDULE

6 POSITIONS.—Section 5316 of title 5, United States Code,

7 is amended—

8 (1) by striking ‘‘Administrator, Agricultural

9 Marketing Service, Department of Agriculture.’’;

10 (2) by striking ‘‘Administrator, Agricultural Re11 search Service, Department of Agriculture.’’;

12 (3) by striking ‘‘Administrator, Agricultural

13 Stabilization and Conservation Service, Department

14 of Agriculture.’’;

15 (4) by striking ‘‘Administrator, Farmers Home

16 Administration.’’;

17 (5) by striking ‘‘Administrator, Foreign Agricul18 tural Service, Department of Agriculture.’’;

19 (6) by striking ‘‘Administrator, Rural Elec20 trification Administration, Department of Agri21 culture.’’;

22 (7) by striking ‘‘Administrator, Soil Conserva23 tion Service, Department of Agriculture.’’;

24 (8) by striking ‘‘Chief Forester of the Forest

25 Service, Department of Agriculture.’’;
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1 (9) by striking ‘‘Director of Science and Edu2 cation, Department of Agriculture.’’;

3 (10) by striking ‘‘Administrator, Animal and

4 Plant Health Inspection Service, Department of Agri5 culture.’’; and

6 (11) by striking ‘‘Administrator, Federal Grain

7 Inspection Service, Department of Agriculture.’’.

8 SEC. 806. CONFORMING AMENDMENTS.

9 (a) UNITED STATES GRAIN STANDARDS ACT.—The

10 United States Grain Standards Act (7 U.S.C. 71 et seq.)

11 is amended—

12 (1) in section 3 (7 U.S.C. 75)—

13 (A) by inserting ‘‘and’’ at the end of sub14 section (y);

15 (B) by striking subsections (z) and (aa);

16 and

17 (C) by redesignating subsection (bb) as sub18 section (z);

19 (2) by striking section 3A (7 U.S.C. 75a);

20 (3) in section 5(b) (7 U.S.C. 77(b)), by striking

21 ‘‘Service employees’’ and inserting ‘‘employees of the

22 Secretary’’;

23 (4) in sections 7(j)(2) and 7A(l)(2) (7 U.S.C.

24 79(j)(2) and 79a(l)(2)), by striking ‘‘supervision by

25 Service personnel of its field office personnel’’ both
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1 places it appears and inserting ‘‘supervision by the

2 Secretary of the Secretary’s field office personnel’’;

3 (5) in section 12(c) (7 U.S.C. 87a(c)), by strik4 ing ‘‘or Administrator’’;

5 (6) in section 12(d) (7 U.S.C. 87a(d)), by strik6 ing ‘‘or the Administrator’’;

7 (7) except as otherwise provided in this sub8 section, by striking ‘‘Administrator’’ each place it ap9 pears and inserting ‘‘Secretary’’; and

10 (8) except as otherwise provided in this sub11 section, by striking ‘‘Service’’ each place it appears

12 and inserting ‘‘Secretary’’.

13 (b) PACKERS AND STOCKYARDS ACT, 1921.—Section

14 407 of the Packers and Stockyards Act, 1921 (7 U.S.C.

15 228), is amended—

16 (1) by striking subsection (b);

17 (2) by redesignating subsections (c), (d), (e), and

18 (f), as subsections (b), (c), (d), and (e), respectively;

19 and

20 (3) in subsection (e) (as so redesignated), by

21 striking ‘‘subsection (e)’’ and inserting ‘‘subsection

22 (d)’’.

23 SEC. 807. PROPOSED CONFORMING AMENDMENTS.

24 Not later than 180 days after the date of the enactment

25 of this Act, the Secretary shall submit to Congress rec-
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1 ommended legislation containing additional technical and

2 conforming amendments to Federal laws that are required

3 as a result of the enactment of this Act.

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