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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1970 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                                                    September 28, 1994.
      Resolved, That the bill from the Senate (S. 1970) entitled ``An 
Act to authorize the Secretary of Agriculture to reorganize the 
Department of Agriculture, and for other purposes'', do pass with the 
following

                               AMENDMENT:

        Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Department of 
Agriculture Reorganization Act of 1994''.
    (b) Table of Contents.--The table of contents for 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. Reductions in number of Department personnel.
Sec. 103. Combination of field offices.
Sec. 104. Improvement of information sharing.
Sec. 105. Director of External Affairs.
Sec. 106. 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.

                         TITLE VII--FOOD SAFETY

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

                 TITLE VIII--NATIONAL APPEALS DIVISION

Sec. 801. Definitions.
Sec. 802. National Appeals Division and Director.
Sec. 803. Transfer of functions.
Sec. 804. Notice and opportunity for hearing.
Sec. 805. Informal hearings.
Sec. 806. Right of participants to division hearing.
Sec. 807. Division hearings.
Sec. 808. Director review of determinations of hearing officers.
Sec. 809. Judicial review.
Sec. 810. Implementation of final determinations of division.
Sec. 811. Conforming amendments relating to National Appeals Division.
Sec. 812. Expansion of issues covered by State mediation programs.

                   TITLE IX--MISCELLANEOUS PROVISIONS

Sec. 901. Successorship provisions relating to bargaining units and 
                            exclusive representatives.
Sec. 902. Office of environmental risk assessment.
Sec. 903. Fair and equitable treatment of socially disadvantaged 
                            producers.
Sec. 904. Repeal of superseded provisions.
Sec. 905. Conforming amendments.
Sec. 906. Proposed conforming amendments.
Sec. 907. Purchase of American-made equipment and products.
Sec. 908. Conditions on implementation of alteration in level of 
                            selenium allowed in animal diets.

SEC. 2. DEFINITIONS.

    Except where the context requires otherwise, for purposes of this 
Act:
            (1) Department.--The term ``Department'' means the 
        Department of Agriculture.
            (2) National appeals division.--The term ``National Appeals 
        Division'' means the National Appeals Division of the 
        Department established under section 802.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

              TITLE I--GENERAL REORGANIZATION AUTHORITIES

SEC. 101. TRANSFER OF DEPARTMENT FUNCTIONS TO SECRETARY OF AGRICULTURE.

    (a) Transfer of Functions.--Except as provided in subsection (b), 
there are hereby transferred to the Secretary of Agriculture all 
functions of all agencies, offices, officers, and employees of the 
Department that are not already vested in the Secretary as of the date 
of the enactment of this Act.
    (b) Exceptions.--Subsection (a) shall not apply to the following 
functions:
            (1) Functions vested by subchapter II of chapter 5 of title 
        5, United States Code, in administrative law judges employed by 
        the Department.
            (2) Functions vested by the Inspector General Act of 1978 
        (5 U.S.C. App.) in the Inspector General of the Department.
            (3) Functions vested by chapter 9 of title 31, United 
        States Code, in the Chief Financial Officer of the Department.
            (4) Functions vested in the corporations of the Department 
        or the boards of directors and officers of such corporations.
            (5) Functions vested in the Alternative Agricultural 
        Research and Commercialization Board by the Alternative 
        Agricultural Research and Commercialization Act of 1990 (7 
        U.S.C. 5901 et seq.).
            (6) Functions vested in the advisory board of the Commodity 
        Credit Corporation established by section 9(b) of the Commodity 
        Credit Corporation Charter Act (15 U.S.C. 714g(b)).
    (c) Delegation of Authority.--
            (1) Delegation authorized.--Subject to paragraph (2), the 
        Secretary may delegate to any agency, office, officer, or 
        employee of the Department the authority to perform any 
        function transferred to the Secretary under subsection (a) or 
        any other function vested in the Secretary as of the date of 
        the enactment of this Act.
            (2) Exception.--The delegation authority provided by 
        paragraph (1) shall be subject to--
                    (A) sections 105(b)(1), 106(b)(1), 201(b)(1), 
                202(b)(1), 301(b)(1), 401(b)(1), 501(b)(1), 601(b)(1), 
                601(c)(2), 701(b)(1), 803, and 904 of this Act;
                    (B) sections 502 and 503 of the Agricultural Trade 
                Act of 1978 (7 U.S.C. 5692 and 5693); and
                    (C) section 8(b)(5) of the Soil Conservation and 
                Domestic Allotment Act (16 U.S.C. 590h(b)(5)), as 
                amended by section 203(a) of this Act.
    (d) Cost-Benefit Analysis Required for Name Change.--
            (1) Analysis required.--Except as provided in paragraph 
        (2), the Secretary shall conduct a cost-benefit analysis before 
        changing the name of any agency, office, division, or other 
        unit of the Department to ensure that the benefits to be 
        derived from changing the name of the agency, office, division, 
        or other unit outweigh the expense of executing the name 
        change.
            (2) Exception.--Paragraph (1) shall not apply with respect 
        to any name change specifically provided for in this Act.
    (e) Public Comment on Proposed Reorganization.--To the extent that 
the implementation of the authority provided to the Secretary by this 
Act to reorganize the Department involves the creation of new agencies 
or offices within the Department or the delegation of major functions 
or major groups of functions to any agency or office of the Department 
(or the officers thereof), the Secretary shall, to the extent 
considered practicable by the Secretary--
            (1) give appropriate advance public notice of the proposed 
        reorganization action or delegation; and
            (2) afford appropriate opportunity for interested parties 
        to comment on the proposed reorganization action or delegation.
    (f) Interagency Transfer of Records, Property, Personnel, and 
Funds.--
            (1) Related transfers.--Subject to paragraph (2), as part 
        of the transfer or delegation of a function of the Department 
        made or authorized by this Act, the Secretary may transfer 
        within the Department--
                    (A) any of the records, property, or personnel 
                affected by the transfer or delegation of the function; 
                and
                    (B) unexpended balances (available or to be made 
                available for use in connection with the transferred or 
                delegated function) of appropriations, allocations, or 
                other funds of the Department.
            (2) Applicable law relating to funds transfer.--Section 
        1531 of title 31, United States Code, shall apply to any 
        transfer of funds under paragraph (1).

SEC. 102. REDUCTIONS IN NUMBER OF DEPARTMENT PERSONNEL.

    (a) Number of Reductions Required.--The Secretary shall achieve 
Federal employee reductions of at least 7,500 staff years within the 
Department by the end of fiscal year 1999. Reductions in the number of 
full-time equivalent positions within the Department achieved under 
section 5 of the Federal Workforce Restructuring Act of 1994 (Public 
Law 103-226; 108 Stat. 115; 5 U.S.C. 3101 note) shall be counted toward 
the employee reductions required under this section.
    (b) Top-Down Reductions Required.--In achieving the employee 
reductions required in subsection (a), the Secretary shall ensure that 
the percentage by which total employee staff years in headquarters 
offices is reduced is at least twice as great as the percentage by 
which total employee staff years in field offices is reduced.

SEC. 103. COMBINATION OF FIELD OFFICES.

    (a) Combination of Offices Required.--The Secretary shall combine 
field offices of agencies within the Department, where practicable and 
to the extent consistent with efficiency, effectiveness, and service to 
farmers, improve service to clients and reduce personnel and 
duplicative overhead expenses.
    (b) Joint Use of Resources and Offices Required.--When two or more 
agencies share a common field office, the Secretary shall require the 
agencies to jointly use office space, equipment, office supplies, 
administrative personnel, and clerical personnel associated with that 
field office.

SEC. 104. IMPROVEMENT OF INFORMATION SHARING.

    Whenever the Secretary procures or uses computer systems, as may be 
provided for in advance in appropriations Acts, the Secretary shall do 
so in a manner that enhances efficiency, productivity, and client 
services and is consistent with the goal of promoting computer 
information sharing among agencies of the Department.

SEC. 105. DIRECTOR OF EXTERNAL AFFAIRS.

    (a) Establishment.--There is established in the Department the 
position of Director of External Affairs of the Department of 
Agriculture. The Director of External Affairs shall be appointed by the 
President, by and with the advice and consent of the Senate.
    (b) Functions of Director.--
            (1) Principal functions.--The Secretary shall delegate to 
        the Director of External Affairs those functions and duties 
        that were under the jurisdiction of the Assistant Secretary of 
        Agriculture for Congressional Relations and the Director of 
        Public Affairs of the Department as of the date of the 
        enactment of this Act.
            (2) Additional functions.--The Director of External Affairs 
        shall perform such other duties as may be required by law or 
        prescribed by the Secretary.
    (c) Succession.--Any official who is serving as Assistant Secretary 
of Agriculture for Congressional Relations on the date of the enactment 
of this Act and who was appointed by the President, by and with the 
advice and consent of the Senate--
            (1) shall be considered to be serving in the successor 
        position established by subsection (a); and
            (2) shall not be required to be reappointed to that 
        position by reason of the enactment of this Act.
    (d) Conforming Amendment.--Section 5315 of title 5, United States 
Code, is amended by adding at the end the following:
            ``Director of External Affairs of the Department of 
        Agriculture.''.

SEC. 106. DIRECTOR FOR ADMINISTRATION.

    (a) Establishment.--There is established in the Department the 
position of Director for Administration of the Department of 
Agriculture. The Director for Administration shall be appointed by the 
President, by and with the advice and consent of the Senate.
    (b) Functions of Director.--
            (1) Principal functions.--The Secretary shall delegate to 
        the Director for Administration those functions and duties that 
        were under the jurisdiction of the Assistant Secretary for 
        Administration of the Department as of the date of the 
        enactment of this Act.
            (2) Additional functions.--The Director for Administration 
        shall perform such other duties as may be required by law or 
        prescribed by the Secretary.
    (c) Succession.--Any official who is serving as Assistant Secretary 
of Agriculture for Administration on the date of the enactment of this 
Act and who was appointed by the President, by and with the advice and 
consent of the Senate--
            (1) shall be considered to be serving in the successor 
        position established by subsection (a); and
            (2) shall not be required to be reappointed to that 
        position by reason of the enactment of this Act.
    (d) Conforming Amendment.--Section 5315 of title 5, United States 
Code, is amended by adding at the end the following:
            ``Director for Administration of the Department of 
        Agriculture.''.

            TITLE II--FARM AND FOREIGN AGRICULTURAL SERVICES

SEC. 201. UNDER SECRETARY OF AGRICULTURE FOR FARM AND FOREIGN 
              AGRICULTURAL SERVICES.

    (a) Establishment.--There is established in the Department the 
position of Under Secretary of Agriculture for Farm and Foreign 
Agricultural Services. The Under Secretary shall be appointed by the 
President, by and with the advice and consent of the Senate.
    (b) Functions of Under Secretary.--
            (1) Principal functions.--The Secretary shall delegate to 
        the Under Secretary of Agriculture for Farm and Foreign 
        Agricultural Services those functions and duties under the 
        jurisdiction of the Department that are related to farm and 
        foreign agricultural services.
            (2) Additional functions.--The Under Secretary of 
        Agriculture for Farm and Foreign Agricultural Services shall 
        perform such other functions and duties as may be required by 
        law or prescribed by the Secretary.
    (c) Succession.--Any official who is serving as Under Secretary of 
Agriculture for International Affairs and Commodity Programs on the 
date of the enactment of this Act and who was appointed by the 
President, by and with the advice and consent of the Senate--
            (1) shall be considered to be serving in the successor 
        position established by subsection (a); and
            (2) shall not be required to be reappointed to that 
        position by reason of the enactment of this Act.
    (d) Conforming Amendments.--
            (1) Existing position.--Section 501 of the Agricultural 
        Trade Act of 1978 (7 U.S.C. 5691), relating to the Under 
        Secretary of Agriculture for International Affairs and 
        Commodity Programs, is repealed.
            (2) Executive schedule.--Section 5314 of title 5, United 
        States Code, is amended by striking ``Under Secretary of 
        Agriculture for International Affairs and Commodity Programs.'' 
        and inserting ``Under Secretary of Agriculture for Farm and 
        Foreign Agricultural Services.''.

SEC. 202. AGRICULTURAL SERVICE AGENCY.

    (a) Establishment.--The Secretary shall establish and maintain an 
Agricultural Service Agency within the Department.
    (b) Functions of Agricultural Service Agency.--
            (1) Principal functions.--The Secretary shall carry out 
        through the Agricultural Service Agency the following 
        activities that are under the jurisdiction of the Department:
                    (A) Agricultural price and income support programs 
                and related programs.
                    (B) General supervision of the Federal Crop 
                Insurance Corporation.
                    (C) Notwithstanding any other provision of law, 
                agricultural credit programs formerly assigned by law 
                to the Farmers Home Administration (including farm 
                ownership and operating, emergency, and disaster loan 
                programs) and other lending programs for farmers and 
                others engaged in the production of agricultural 
                commodities.
                    (D) Agricultural conservation cost-share and 
                demonstration programs carried out by the Agricultural 
                Stabilization and Conservation Service or the Farmers 
                Home Administration as of the date of the enactment of 
                this Act.
            (2) Additional functions.--The Secretary may assign to the 
        Agricultural Service Agency such additional functions as the 
        Secretary considers appropriate in connection with the 
        administration and implementation of authorities assigned to 
        the Secretary by law.
    (c) Jurisdiction Over Conservation Program Appeals.--
            (1) In general.--Until such time as an adverse decision 
        described in this paragraph is referred to the National Appeals 
        Division for consideration, the Agricultural Service Agency 
        shall have initial jurisdiction over any administrative appeal 
        resulting from an adverse decision made under title XII of the 
        Food Security Act of 1985 (16 U.S.C. 3801 et seq.), including 
        an adverse decision involving technical determinations made by 
        the Soil Conservation Service.
            (2) Treatment of technical determination.--With respect to 
        administrative appeals involving a technical determination made 
        by the Soil Conservation Service, the Agricultural Service 
        Agency, by rule with the concurrence of the Soil Conservation 
        Service, shall establish procedures for obtaining review by the 
        Soil Conservation Service of the technical determinations 
        involved. Such rules shall ensure that technical criteria 
        established by the Soil Conservation Service shall be used by 
        the Agricultural Service Agency as the basis for any decisions 
        regarding technical determinations.
            (3) Reinstatement of program benefits.--Rules issued to 
        carry out this subsection shall provide for the prompt 
        reinstatement of benefits to a producer who is determined in an 
        administrative appeal to meet the requirements of title XII of 
        the Food Security Act of 1985 applicable to the producer.
            (4) Definition.--For purposes of this subsection, the term 
        ``Soil Conservation Service'' includes any successor agency to 
        the Soil Conservation Service.
    (d) Use of Federal and Non-Federal Employees.--
            (1) Use authorized.--In the implementation of programs and 
        activities assigned to the Agricultural Service Agency, the 
        Secretary may use interchangeably in local offices of the 
        agency both Federal employees of the Department and non-Federal 
        employees of county and area committees established under 
        section 8(b)(5) of the Soil Conservation and Domestic Allotment 
        Act (16 U.S.C. 590h(b)(5)).
            (2) Exception.--Notwithstanding paragraph (1), no personnel 
        action (as defined in section 2302(a)(2)(A) of title 5, United 
        States Code) may be taken with respect to a Federal employee 
        unless such action is taken by another Federal employee.
    (e) Conforming Amendments.--
            (1) Crop insurance.--The Federal Crop Insurance Act (7 
        U.S.C.1501 et seq.) is amended--
                    (A) in section 505(a) (7 U.S.C. 1505(a)), by 
                striking ``the Under Secretary or Assistant Secretary 
                of Agriculture responsible for the farm credit programs 
                of the Department of Agriculture,'' and inserting ``one 
                additional Under Secretary of Agriculture as designated 
                by the Secretary,''; and
                    (B) in section 507(d) (7 U.S.C. 1507(d)), by 
                striking ``, except'' and all that follows through 
                ``agency''.
            (2) Farm and rural development.--Section 331(a) of the 
        Consolidated Farm and Rural Development Act (7 U.S.C. 1981(a)) 
        is amended by striking ``assets to the Farmers Home 
        Administration'' and all that follows through the period and 
        inserting ``assets to such officers or agencies of the 
        Department of Agriculture as the Secretary considers 
        appropriate.''.

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

    (a) Amendment to the Soil Conservation and Domestic Allotment 
Act.--Section 8(b) of the Soil Conservation and Domestic Allotment Act 
(16 U.S.C. 590h(b)) is amended--
            (1) by inserting ``(1)'' after ``(b)'';
            (2) by designating the second through eighth undesignated 
        paragraphs as paragraphs (2) through (8), respectively; and
            (3) by striking paragraph (5) (as so designated) and 
        inserting the following new paragraph:
    ``(5) State, county, and area committees.--
            ``(A) Appointment of state committees.--The Secretary shall 
        appoint in each State a State committee composed of not fewer 
        than 3 nor more than 5 members who are fairly representative of 
        the farmers in the State. The members of a State committee 
        shall serve at the pleasure of the Secretary for such term as 
        the Secretary may establish.
            ``(B) Establishment of county or area committees.--(i) In 
        each county or area in which activities are carried out under 
        this section, the Secretary shall establish a county or area 
        committee. In the case of a county committee in existence on 
        the date of the enactment of the Department of Agriculture 
        Reorganization Act of 1994, the Secretary may not terminate the 
        country committee, alter the boundaries of the area covered by 
        the committee, or consolidate the committee with other county 
        committees, without the consent of a majority of the producers 
        in the area covered by the committee, as determined in a 
        referendum conducted by the Secretary.
            ``(ii) Any such committee shall consist of not fewer than 3 
        nor more than 5 members who are fairly representative of the 
        farmers in the county or area and who shall be elected by the 
        farmers in such county or area under such procedures as the 
        Secretary may prescribe.
            ``(iii) Only farmers within a local administrative area who 
        are producers who participate or cooperate in programs 
        administered within their area shall be eligible for nomination 
        and election to the local committee for that area.
            ``(iv) The Secretary shall solicit and accept nominations 
        from organizations representing the interests of socially 
        disadvantaged groups (as defined in section 355(e)(1) of the 
        Consolidated Farm and Rural Development Act (7 U.S.C. 
        2003(e)(1)).
            ``(v) Members of each county or area committee shall serve 
        for terms not to exceed 3 years.
            ``(C) Use of committees.--The Secretary shall use the 
        services of such committees in carrying out programs under this 
        section and the agricultural credit programs under the 
        Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et 
        seq.) and in considering administrative appeals under the 
        jurisdiction of the Agricultural Service Agency, as provided by 
        section 202(c) of the Department of Agriculture Reorganization 
        Act of 1994. In addition, to the extent the Secretary 
        determines appropriate, the Secretary may use the services of 
        such committees in carrying out programs under other 
        authorities administered by the Secretary .
            ``(D) Regulations.--The Secretary shall issue such 
        regulations as the Secretary considers necessary relating to 
        the selection and exercise of the functions of the respective 
        committees, and to the administration through such committees 
        of the programs described in subparagraph (C). Pursuant to such 
        regulations, each county and area committee shall select an 
        executive director for the area or county. Such selection shall 
        be made in the same manner as provided for the selection of the 
        county executive director under section 7.21(b)(2) of title 7, 
        Code of Federal Regulations, as in effect on January 1, 1994. 
        Regulations governing payments or grants under this subsection 
        shall be as simple and direct as possible, and, whenever 
        practicable, they shall be classified on the following two 
        bases:
                    ``(i) Soil-depleting practices.
                    ``(ii) Soil-building practices.
            ``(E) Mandatory duties of secretary.--In carrying out this 
        section, the Secretary shall--
                    ``(i) insofar as practicable, protect the interests 
                of tenants and sharecroppers;
                    ``(ii) accord such encouragement to producer-owned 
                and producer-controlled cooperative associations as 
                will be in harmony with the policy toward cooperative 
                associations set forth in Federal laws and as will tend 
                to promote efficient methods of marketing and 
                distribution;
                    ``(iii) in every practicable manner, protect the 
                interests of small producers; and
                    ``(iv) in every practical way, encourage and 
                provide for soil-conserving and soil-rebuilding 
                practices.
            ``(F) Discretionary authorities of secretary.--In carrying 
        out this section, the Secretary may use other approved 
        agencies.
            ``(G) Limitations.--In carrying out this section, the 
        Secretary shall not have the authority to acquire any land or 
        any right or interest in land.''.
    (b) Conforming Amendments.--The Consolidated Farm and Rural 
Development Act (7 U.S.C. 1921 et seq.) is amended--
            (1) by striking section 332 (7 U.S.C. 1982); and
            (2) in section 333 (7 U.S.C. 1983)--
                    (A) by striking paragraph (2); and
                    (B) redesignating paragraphs (3), (4), and (5) as 
                paragraphs (2), (3), and (4), respectively.

          TITLE III--RURAL ECONOMIC AND COMMUNITY DEVELOPMENT

SEC. 301. UNDER SECRETARY OF AGRICULTURE FOR RURAL ECONOMIC AND 
              COMMUNITY DEVELOPMENT.

    (a) Establishment.--There is established in the Department the 
position of Under Secretary of Agriculture for Rural Economic and 
Community Development. The Under Secretary shall be appointed by the 
President, by and with the advice and consent of the Senate.
    (b) Functions of Under Secretary.--
            (1) Principal functions.--The Secretary shall delegate to 
        the Under Secretary of Agriculture for Rural Economic and 
        Community Development those functions and duties under the 
        jurisdiction of the Department that are related to rural 
        economic and community development.
            (2) Additional functions.--The Under Secretary of 
        Agriculture for Rural Economic and Community Development shall 
        perform such other functions and duties as may be required by 
        law or prescribed by the Secretary.
    (c) Succession.--Any official who is serving as Under Secretary of 
Agriculture for Small Community and Rural Development on the date of 
the enactment of this Act and who was appointed by the President, by 
and with the advice and consent of the Senate--
            (1) shall be considered to be serving in the successor 
        position established by subsection (a); and
            (2) shall not be required to be reappointed to that 
        position by reason of the enactment of this Act.
    (d) Loan Approval Authority.--Approval authority for loans and loan 
guarantees in the electric and telephone loan and loan guarantee 
programs authorized by the Rural Electrification Act of 1936 (7 U.S.C. 
901 et seq.) shall not be transferred to, or conditioned upon review 
of, a State director or other employee whose primary duty is not the 
review and approval of such loans or the provision of assistance to 
such borrowers.
    (e) Conforming Amendments.--
            (1) Existing position.--Section 3 of the Rural Development 
        Policy Act of 1980 (7 U.S.C. 2211b) is amended by striking 
        subsection (a).
            (2) Executive schedule.--Section 5314 of title 5, United 
        States Code, is amended by striking ``Under Secretary of 
        Agriculture for Small Community and Rural Development.'' and 
        inserting ``Under Secretary of Agriculture for Rural Economic 
        and Community Development.''.
    (f) Amendments to the Rural Electrification Act of 1936.--The Rural 
Electrification Act of 1936 (7 U.S.C. 901 et seq.) is amended--
            (1) in section 1 (7 U.S.C. 901), by striking the first 
        sentence;
            (2) in section 2(a) (7 U.S.C. 902(a)), by striking 
        ``Administrator'' and inserting ``Secretary of Agriculture'';
            (3) in section 3(a) (7 U.S.C. 903(a))--
                    (A) by striking ``Administrator, upon the request 
                and approval of the Secretary of Agriculture,'' and 
                inserting ``Secretary''; and
                    (B) by striking ``Administrator appointed pursuant 
                to the provisions of this Act or from the Administrator 
                of the Rural Electrification Administration established 
                by Executive Order Numbered 7037'' and inserting 
                ``Secretary'';
            (4) in section 8 (7 U.S.C. 908)--
                    (A) by striking ``Administrator authorized to be 
                appointed by this Act'' and inserting ``Secretary''; 
                and
                    (B) by striking ``Rural Electrification 
                Administration created by this Act'' and inserting 
                ``Secretary'';
            (5) by striking section 11A (7 U.S.C. 911a);
            (6) in section 13 (7 U.S.C. 913), by inserting before the 
        period the following: ``; the term `Secretary' shall be deemed 
        to mean the Secretary of Agriculture'';
            (7) in sections 206(b)(2), 306A(b), 311, and 405(b)(1)(A) 
        (7 U.S.C. 927(b)(2), 936a(b), 940a, and 945(b)(1)(A)), by 
        striking ``Rural Electrification Administration'' each place it 
        appears and inserting ``Secretary'';
            (8) in sections 305(c)(2)(C)(ii)(II) and 306E(d) (7 U.S.C. 
        935(c)(2)(C)(ii)(II) and 936e(d)), by striking 
        ``Administrator'' both places it appears and inserting 
        ``Secretary'';
            (9) in section 403(b) (7 U.S.C. 943(b)), by striking 
        ``Rural Electrification Administration or of any other agency 
        of the Department of Agriculture,'' and inserting 
        ``Secretary,'';
            (10) in section 404 (7 U.S.C. 944), by striking ``the 
        Administrator of the Rural Electrification Administration'' and 
        inserting ``the Secretary shall designate an official of the 
        Department of Agriculture who'';
            (11) in sections 406(c) and 410 (7 U.S.C. 946(c) and 950), 
        by striking ``Administrator of the Rural Electrification 
        Administration'' each place it appears and inserting 
        ``Secretary'';
            (12) in the heading of section 501 (7 U.S.C. 950aa), by 
        striking ``of rea administrator''; and
            (13) except as otherwise provided in this subsection, by 
        striking ``Administrator'' each place it appears in such Act 
        and inserting ``Secretary''.
    (g) Miscellaneous Amendments Related to Rural Electrification 
Administration.--(1) Section 236(a) of the Disaster Relief Act of 1970 
(7 U.S.C. 912a) is amended by striking ``Rural Electrification 
Administration'' and inserting ``Secretary under the Rural 
Electrification Act of 1936''.
    (2) Section 505 of the Department of Agriculture Organic Act of 
1944 (7 U.S.C. 915) is amended--
            (A) by striking ``Rural Electrification Administration'' 
        and inserting ``Secretary of Agriculture''; and
            (B) by striking ``its'' and inserting ``the Secretary's''.
    (3) Section 401 of the Rural Electrification Act of 1938 (7 U.S.C. 
903 note, 52 Stat. 818) is amended in the second paragraph by striking 
``Administrator of the Rural Electrification Administration'' and 
inserting ``Secretary of Agriculture''.
    (4) Chapter 1 of subtitle D of title XXIII of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa et 
seq.), relating to Distance Learning and Medical Link Programs, is 
amended--
            (A) in section 2333--
                    (i) by striking paragraph (1); and
                    (ii) by redesignating paragraphs (2) through (11) 
                as paragraphs (1) through (10), respectively;
            (B) in section 2334(h)(2), by striking ``section 
        2333(3)(F)'' and inserting ``section 2333(2)(F)''; and
            (C) by striking ``Administrator'' each place it appears and 
        inserting ``Secretary''.

            TITLE IV--FOOD, NUTRITION, AND CONSUMER SERVICES

SEC. 401. UNDER SECRETARY OF AGRICULTURE FOR FOOD, NUTRITION, AND 
              CONSUMER SERVICES.

    (a) Establishment.--There is established in the Department the 
position of Under Secretary of Agriculture for Food, Nutrition, and 
Consumer Services. The Under Secretary shall be appointed by the 
President, by and with the advice and consent of the Senate.
    (b) Functions of Under Secretary.--
            (1) Principal functions.--The Secretary shall delegate to 
        the Under Secretary of Agriculture for Food, Nutrition, and 
        Consumer Services those functions and duties under the 
        jurisdiction of the Department that are related to food, 
        nutrition, and consumer services (except as provided in section 
        701(b)(1)).
            (2) Additional functions.--The Under Secretary of 
        Agriculture for Food, Nutrition, and Consumer Services shall 
        perform such other functions and duties as may be required by 
        law or prescribed by the Secretary.
    (c) Succession.--Any official who is serving as Assistant Secretary 
of Agriculture for Food and Consumer Services on the date of the 
enactment of this Act and who was appointed by the President, by and 
with the advice and consent of the Senate--
            (1) shall be considered to be serving in the successor 
        position established by subsection (a); and
            (2) shall not be required to be reappointed to that 
        position by reason of the enactment of this Act.
    (d) Executive Schedule.--Section 5314 of title 5, United States 
Code, is amended by inserting after the item relating to the Under 
Secretary of Agriculture for Farm and Foreign Agricultural Services (as 
added by section 201(d)(2)) the following:
            ``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.

    (a) Establishment.--There is established in the Department the 
position of Under Secretary of Agriculture for Natural Resources and 
Environment. The Under Secretary shall be appointed by the President, 
by and with the advice and consent of the Senate.
    (b) Functions of Under Secretary.--
            (1) Principal functions.--The Secretary shall delegate to 
        the Under Secretary of Agriculture for Natural Resources and 
        Environment those functions and duties under the jurisdiction 
        of the Department that are related to natural resources and the 
        environment (except to the extent those functions and duties 
        are delegated to the Agricultural Service Agency under section 
        202).
            (2) Additional functions.--The Under Secretary of 
        Agriculture for Natural Resources and Environment shall perform 
        such other functions and duties as may be required by law or 
        prescribed by the Secretary.
    (c) Succession.--Any official who is serving as Assistant Secretary 
of Agriculture for Natural Resources and Environment on the date of the 
enactment of this Act and who was appointed by the President, by and 
with the advice and consent of the Senate--
            (1) shall be considered to be serving in the successor 
        position established by subsection (a); and
            (2) shall not be required to be reappointed to that 
        position by reason of the enactment of this Act.
    (d) Executive Schedule.--Section 5314 of title 5, United States 
Code, is amended by inserting after the item relating to the Under 
Secretary of Agriculture for Food, Nutrition, and Consumer Services (as 
added by section 401(d)) the following:
            ``Under Secretary of Agriculture for Natural Resources and 
        Environment.''.
    (e) Conforming Amendments.--
            (1) Soil conservation service.--Section 5 of the Soil 
        Conservation and Domestic Allotment Act (16 U.S.C. 590e) is 
        repealed.
            (2) Soil and water resources conservation.--The Soil and 
        Water Resources Conservation Act of 1977 (16 U.S.C. 2001) is 
        amended--
                    (A) in section 2(2) (16 U.S.C. 2001(2))--
                            (i) by striking ``created the Soil 
                        Conservation Service''; and
                            (ii) by striking ``Department of 
                        Agriculture which'' and inserting ``, has 
                        ensured that the Department of Agriculture'';
                    (B) in section 3(2) (16 U.S.C. 2002(2)), by 
                striking ``through the Soil Conservation Service''; and
                    (C) in section 6(a) (16 U.S.C. 2005(a)), by 
                striking ``Soil Conservation Service'' and inserting 
                ``Secretary''.

              TITLE VI--RESEARCH, EDUCATION, AND ECONOMICS

SEC. 601. UNDER SECRETARY OF AGRICULTURE FOR RESEARCH, EDUCATION, AND 
              ECONOMICS.

    (a) Establishment.--There is established in the Department the 
position of Under Secretary of Agriculture for Research, Education, and 
Economics. The Under Secretary shall be appointed by the President, by 
and with the advice and consent of the Senate.
    (b) Functions of Under Secretary.--
            (1) Principal functions.--The Secretary shall delegate to 
        the Under Secretary of Agriculture for Research, Education, and 
        Economics those functions and duties under the jurisdiction of 
        the Department that are related to research, education, and 
        economics.
            (2) Additional functions.--The Under Secretary of 
        Agriculture for Research, Education, and Economics shall 
        perform such other functions and duties as may be required by 
        law or prescribed by the Secretary.
    (c) Cooperative State Research and Education Service.--
            (1) Establishment.--The Secretary shall establish and 
        maintain within the Department a Cooperative State Research and 
        Education Service.
            (2) Duties.--The Secretary shall delegate to the 
        Cooperative State Research and Education Service functions 
        related to cooperative State research programs and cooperative 
        extension and education programs that are under the 
        jurisdiction of the Department.
            (3) Officer-in-charge.--The officer in charge of the 
        Cooperative State Research and Education Service shall report 
        directly to the Under Secretary of Agriculture for Research, 
        Education, and Economics.
    (d) Executive Schedule.--Section 5314 of title 5, United States 
Code, is amended by inserting after the item relating to the Under 
Secretary of Agriculture for Natural Resources and Environment (as 
added by section 501(d)) the following:
            ``Under Secretary of Agriculture for Research, Education, 
        and Economics.''.

                         TITLE VII--FOOD SAFETY

SEC. 701. UNDER SECRETARY OF AGRICULTURE FOR FOOD SAFETY.

    (a) Establishment.--There is established in the Department of 
Agriculture the position of Under Secretary of Agriculture for Food 
Safety. The Under Secretary shall be appointed by the President, by and 
with the advice and consent of the Senate, from among individuals with 
specialized training or significant experience in food safety or public 
health programs.
    (b) Functions of Under Secretary.--
            (1) Principal functions.--The Secretary shall delegate to 
        the Under Secretary of Agriculture for Food Safety those 
        functions and duties under the jurisdiction of the Department 
        that are related to food safety.
            (2) Additional functions.--The Under Secretary of 
        Agriculture for Food Safety shall perform such other functions 
        and duties as may be required by law or prescribed by the 
        Secretary.
    (c) Executive Schedule.--Section 5314 of title 5, United States 
Code, is amended by inserting after the item relating to the Under 
Secretary of Agriculture for Research, Education, and Economics (as 
added by section 601(d)) the following:
            ``Under Secretary of Agriculture for Food Safety.''.

                 TITLE VIII--NATIONAL APPEALS DIVISION

SEC. 801. DEFINITIONS.

    For purposes of this title:
            (1) Adverse decision.--The term ``adverse decision'' means 
        an administrative decision made by an officer, employee, or 
        committee of an agency that is adverse to a participant. The 
        term includes a denial of equitable relief by an agency or the 
        failure of an agency to issue a decision or otherwise act on 
        the request or right of the participant. The term does not 
        include a decision over which the Board of Contract Appeals has 
        jurisdiction.
            (2) Agency.--The term ``agency'' means any agency of the 
        Department designated by the Secretary or a successor agency of 
        the Department, except that the term shall include the 
        following (and any successor to the following):
                    (A) The Agricultural Service Agency.
                    (B) The Commodity Credit Corporation, with respect 
                to domestic programs.
                    (C) The Farmers Home Administration.
                    (D) The Federal Crop Insurance Corporation.
                    (E) The Rural Development Administration.
                    (F) The Soil Conservation Service.
                    (G) A State, county, or area committee established 
                under section 8(b)(5) of the Soil Conservation and 
                Domestic Allotment Act (16 U.S.C. 590h(b)(5)).
            (3) Appellant.--The term ``appellant'' means a participant 
        who appeals an adverse decision in accordance with this title.
            (4) Case record.--The term ``case record'' means all the 
        materials maintained by the Secretary related to an adverse 
        decision.
            (5) Director.--The term ``Director'' means the Director of 
        the Division.
            (6) Division.--The term ``Division'' means the National 
        Appeals Division established by this title.
            (7) Hearing officer.--The term ``hearing officer'' means an 
        individual employed by the Division who hears and determines 
        appeals of adverse decisions by any agency.
            (8) Participant.--The term ``participant'' means any 
        individual, partnership, corporation, association, cooperative, 
        or other entity whose application for, or right to participate 
        in or receive, payments or loans in accordance with any of the 
        programs administered by an agency is affected by an adverse 
        decision of an agency.

SEC. 802. NATIONAL APPEALS DIVISION AND DIRECTOR.

    (a) Establishment of Division.--The Secretary shall establish and 
maintain an independent National Appeals Division within the Department 
to carry out this title.
    (b) Director.--
            (1) Appointment.--The Division shall be headed by a 
        Director, appointed by the Secretary from among persons who 
        have substantial experience in practicing administrative law. 
        In considering applicants for the position of Director, the 
        Secretary shall consider persons currently employed outside 
        Government as well as Government employees.
            (2) Term and removal.--The Director shall serve for a 6-
        year term of office, and shall be eligible for reappointment. 
        The Director shall not be subject to removal during the term of 
        office, except for cause established in accordance with law.
            (3) Position classification.--The position of the Director 
        may not be a position in the excepted service or filled by a 
        noncareer appointee.
    (c) Direction, Control, and Support.--The Director shall be free 
from the direction and control of any person other than the Secretary. 
The Division shall not receive administrative support (except on a 
reimbursable basis) from any agency other than the Office of the 
Secretary. The Secretary may not delegate to any other officer or 
employee of the Department, other than the Director, the authority of 
the Secretary with respect to the Division.
    (d) Determination of Appealability of Agency Decisions.--If an 
officer, employee, or committee of an agency determines that a decision 
is not appealable and a participant appeals the decision to the 
Director, the Director shall determine whether the decision is adverse 
to the individual participant and thus appealable or is a matter of 
general applicability and thus not subject to appeal. The determination 
of the Director as to whether a decision is appealable shall be 
administratively final.
    (e) Division Personnel.--The Director shall appoint such hearing 
officers and other employees as are necessary for the administration of 
the Division. A hearing officer or other employee of the Division shall 
have no duties other than those that are necessary to carry out this 
title.

SEC. 803. TRANSFER OF FUNCTIONS.

    There are transferred to the Division all functions exercised and 
all administrative appeals pending before the effective date of this 
title (including all related functions of any officer or employee) of 
or relating to--
            (1) the National Appeals Division established by section 
        426(c) of the Agricultural Act of 1949 (7 U.S.C. 1433e(c)) (as 
        in effect on the day before the date of the enactment of this 
        Act);
            (2) the National Appeals Division established by 
        subsections (d) through (g) of section 333B of the Consolidated 
        Farm and Rural Development Act (7 U.S.C. 1983b) (as in effect 
        on the day before the date of the enactment of this Act);
            (3) appeals of decisions made by the Federal Crop Insurance 
        Corporation; and
            (4) appeals of decisions made by the Soil Conservation 
        Service.

SEC. 804. NOTICE AND OPPORTUNITY FOR HEARING.

    Not later than 10 working days after an adverse decision is made 
that affects the participant, the Secretary shall provide the 
participant with the written notice of such adverse decision and the 
rights available to the participant under this title or other law for 
the review of such adverse decision.

SEC. 805. INFORMAL HEARINGS.

    If an officer, employee, or committee of an agency makes an adverse 
decision, the agency shall hold, at the request of the participant, an 
informal hearing on the decision. With respect to programs carried out 
through the Agricultural Service Agency, the Secretary shall maintain 
the informal appeals process applicable to such programs, as in effect 
on the date of the enactment of the title. If a mediation program is 
available under title V of the Agricultural Credit Act of 1987 (7 
U.S.C. 5101 et seq.) as a part of the informal hearing process, the 
participant shall be offered the right to choose such mediation.

SEC. 806. RIGHT OF PARTICIPANTS TO DIVISION HEARING.

    (a) Appeal to Division for Hearing.--Subject to subsection (b), a 
participant shall have the right to appeal an adverse decision to the 
Division for an evidentiary hearing by a hearing officer consistent 
with section 807.
    (b) Time for Appeal.--To be entitled to a hearing under section 
807, a participant shall request the hearing not later than 30 days 
after the date on which the participant first received notice of the 
adverse decision.

SEC. 807. DIVISION HEARINGS.

    (a) General Powers of Director and Hearing Officers.--
            (1) Access to case record.--The Director and hearing 
        officer shall have access to the case record of any adverse 
        decision appealed to the Division for a hearing.
            (2) Administrative procedures.--The Director and hearing 
        officer shall have the authority to require the attendance of 
        witnesses, and the production of evidence, by subpoena and to 
        administer oaths and affirmations. Except to the extent 
        required for the disposition of ex parte matters as authorized 
        by law--
                    (A) an interested person outside the Division shall 
                not make or knowingly cause to be made to the Director 
                or a hearing officer who is or may reasonably be 
                expected to be involved in the evidentiary hearing or 
                review of an adverse decision, an ex parte 
                communication (as defined in section 551(14) of title 
                5, United States Code) relevant to the merits of the 
                proceeding;
                    (B) the Director and such hearing officer shall not 
                make or knowingly cause to be made to any interested 
                person outside the Division an ex parte communication 
                relevant to the merits of the proceeding.
    (b) Time for Hearing.--Upon a timely request for a hearing under 
section 806(b), an appellant shall have the right to have a hearing by 
the Division on the adverse decision within 45 days after the date of 
the receipt of the request for the hearing.
    (c) Location and Elements of Hearing.--
            (1) Location.--A hearing on an adverse decision shall be 
        held in the State of residence of the appellant or at a 
        location that is otherwise convenient to the appellant and the 
        Division.
            (2) Evidentiary hearing.--The evidentiary hearing before a 
        hearing officer shall be in person, unless the appellant agrees 
        to a hearing by telephone or by a review of the case record. 
        The hearing officer shall not be bound by previous findings of 
        fact by the agency in making a determination.
            (3) Information at hearing.--The hearing officer shall 
        consider information presented at the hearing without regard to 
        whether the evidence was known to the agency officer, employee, 
        or committee making the adverse decision at the time the 
        adverse decision was made. The hearing officer shall leave the 
        record open after the hearing for a reasonable period of time 
        to allow the submission of information by the appellant or the 
        agency after the hearing to the extent necessary to respond to 
        new facts, information, arguments, or evidence presented or 
        raised by the agency or appellant.
            (4) Burden of proof.--The appellant shall bear the burden 
        of proving that the adverse decision of the agency was 
        erroneous.
    (d) Determination Notice.--The hearing officer shall issue a notice 
of the determination on the appeal not later than 30 days after a 
hearing or after receipt of the request of the appellant to waive a 
hearing, except that the Director may establish an earlier or later 
deadline. If the determination is not appealed to the Director for 
review under section 808, the notice provided by the hearing officer 
shall be considered to be a notice of final determination.
    (e) Effective Date.--The final determination shall be effective as 
of the date of filing of an application, the date of the transaction or 
event in question, or the date of the original adverse decision, 
whichever is applicable.

SEC. 808. DIRECTOR REVIEW OF DETERMINATIONS OF HEARING OFFICERS.

    (a) Requests for Director Review.--
            (1) Time for request by appellant.--Not later than 30 days 
        after the date on which an appellant receives the determination 
        of a hearing officer under section 807, the appellant shall 
        submit a written request to the Director for review of the 
        determination in order to be entitled to a review by the 
        Director of the determination.
            (2) Time for request by agency head.--Not later 15 business 
        days after the date on which an agency receives the 
        determination of a hearing officer under section 807, the head 
        of the agency may make a written request that the Director 
        review the determination.
    (b) Determination of Director.--The Director shall conduct a review 
of the determination of the hearing officer using the case record, the 
record from the evidentiary hearing under section 807, the request for 
review, and such other arguments or information as may be accepted by 
the Director. Based on such review, the Director shall issue a final 
determination notice that upholds, reverses, or modifies the 
determination of the hearing officer. However, if the Director 
determines that the hearing record is inadequate, the Director may 
remand all or a portion of the determination for further proceedings to 
complete the hearing record or, at the option of the Director, to hold 
a new hearing. The Director shall complete the review and either issue 
a final determination or remand the determination not later than--
            (1) 10 business days after receipt of the request for 
        review, in the case of a request by the head of an agency for 
        review; or
            (2) 30 business days after receipt of the request for 
        review, in the case of a request by an appellant for review.
    (c) Equitable Relief.--Subject to regulations issued by the 
Secretary, the Director shall have the authority to grant equitable 
relief under this section in the same manner and to the same extent as 
such authority is provided to the Secretary under section 326 of the 
Food and Agriculture Act of 1962 (7 U.S.C. 1339a) and other laws. 
Notwithstanding the administrative finality of a final determination of 
an appeal by the Division, the Secretary shall have the authority to 
grant equitable or other types of relief to the appellant after a final 
determination is issued by the Division.
    (d) Effective Date.--A final determination issued by the Director 
shall be effective as of the date of filing of an application, the date 
of the transaction or event in question, or the date of the original 
adverse decision, whichever is applicable.

SEC. 809. JUDICIAL REVIEW.

    A final determination of the Division shall be reviewable and 
enforceable by any United States district court of competent 
jurisdiction in accordance with chapter 7 of title 5, United States 
Code.

SEC. 810. IMPLEMENTATION OF FINAL DETERMINATIONS OF DIVISION.

    On the return of a case to an agency pursuant to the final 
determination of the Division, the head of the agency shall implement 
the final determination not later than 30 days after the effective date 
of the notice of the final determination.

SEC. 811. CONFORMING AMENDMENTS RELATING TO NATIONAL APPEALS DIVISION.

    (a) Decisions of State, County, and Area Committees.--
            (1) Application of subsection.--This subsection shall apply 
        only with respect to functions of the Agricultural Service 
        Agency or the Commodity Credit Corporation that are under the 
        jurisdiction of a State, county, or area committee established 
        under section 8(b)(5) of the Soil Conservation and Domestic 
        Allotment Act (16 U.S.C. 590h(b)(5)) or an employee of such a 
        committee.
            (2) Finality.--Each decision of a State, county, or area 
        committee (or an employee of such a committee) covered by 
        paragraph (1) that is made in good faith in the absence of 
        misrepresentation, false statement, fraud, or willful 
        misconduct shall be final not later than 90 days after the date 
        of filing of the application for benefits, unless the decision 
        is--
                    (A) appealed under this title; or
                    (B) modified by the Administrator of the 
                Agricultural Service Agency or the Executive Vice 
                President of the Commodity Credit Corporation.
            (3) Recovery of amounts.--If the decision of the State, 
        county, or area committee has become final under paragraph (2), 
        no action may be taken by the Agricultural Service Agency, the 
        Commodity Credit Corporation, or a State, county, or area 
        committee to recover amounts found to have been disbursed as a 
        result of a decision in error unless the participant had reason 
        to believe that the decision was erroneous.
    (b) Agricultural Stabilization and Conservation Service.--Section 
426 of the Agricultural Act of 1949 (7 U.S.C. 1433e) is repealed.
    (c) Farmers Home Administration.--Section 333B of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 1983b) is repealed.
    (d) Federal Crop Insurance Corporation.--The last sentence of 
section 508(f) of the Federal Crop Insurance Act (7 U.S.C. 1508(f)) is 
amended by inserting before the period at the end the following: ``or 
within 1 year after the claimant receives a final determination notice 
from an administrative appeal made in accordance with title VIII of the 
Department of Agriculture Reorganization Act of 1994, whichever is 
later''.

SEC. 812. EXPANSION OF ISSUES COVERED BY STATE MEDIATION PROGRAMS.

    (a) Expansion of Mediation Programs.--Section 501 of the 
Agricultural Credit Act of 1987 (7 U.S.C. 5101) is amended--
            (1) in subsection (a), by striking ``an agricultural loan 
        mediation program'' and inserting ``a mediation program'';
            (2) in subsection (b), by striking ``agricultural loan''; 
        and
            (3) by striking subsection (c) and inserting the following 
        new subsection:
    ``(c) Requirements of State Mediation Programs.--
            ``(1) Issues covered.--To be certified as a qualifying 
        State, the mediation program of the State must provide 
        mediation services for the persons described in paragraph (2) 
        who are involved in agricultural loans or agricultural loans 
        and one or more of the following issues under the jurisdiction 
        of the Department of Agriculture:
                    ``(A) Wetlands determinations.
                    ``(B) Compliance with farm programs, including 
                conservation programs.
                    ``(C) Agricultural credit.
                    ``(D) Rural water loan programs.
                    ``(E) Grazing on National Forest System lands.
                    ``(F) Pesticides.
                    ``(G) Such other issues as the Secretary considers 
                appropriate.
            ``(2) Persons eligible for mediation.--The persons referred 
        to in paragraph (1) are producers, their creditors (if 
        applicable), and other persons directly affected by actions of 
        the Department of Agriculture.
            ``(3) Certification conditions.--The Secretary shall 
        certify a State as a qualifying State with respect to the 
        issues proposed to be covered by the mediation program of the 
        State if the mediation program--
                    ``(A) provides for mediation services that, if 
                decisions are reached, result in mediated, mutually 
                agreeable decisions between the parties to the 
                mediation;
                    ``(B) is authorized or administered by an agency of 
                the State government or by the Governor of the State;
                    ``(C) provides for the training of mediators;
                    ``(D) provides that the mediation sessions shall be 
                confidential;
                    ``(E) ensures, in the case of agricultural loans, 
                that all lenders and borrowers of agricultural loans 
                receive adequate notification of the mediation program; 
                and
                    ``(F) ensures, in the case of other issues covered 
                by the mediation program, that persons directly 
                affected by actions of the Department of Agriculture 
                receive adequate notification of the mediation 
                program.''.
    (b) Participation of Department.--Section 503 of such Act (7 U.S.C. 
5103) is amended--
            (1) by striking ``agricultural loan'' each place it 
        appears;
            (2) in the matter preceding subparagraph (A) of subsection 
        (a)(1)--
                    (A) by inserting ``or agency'' after ``program''; 
                and
                    (B) by striking ``that makes, guarantees, or 
                insures agricultural loans'';
            (3) in subsection (a)(1)(A)--
                    (A) by inserting ``or agency'' after ``such 
                program''; and
                    (B) by inserting ``certified under section 501'' 
                after ``mediation program'';
            (4) in subsection (a)(1)(B)--
                    (A) by striking ``, effective beginning on the date 
                of the enactment of this Act,''; and
                    (B) by inserting ``certified under section 501'' 
                after ``mediation programs''; and
            (5) in subsection (a)(1)(C)--
                    (A) in clause (i), by striking ``described in'' and 
                inserting ``certified under''; and
                    (B) in clause (ii), by inserting ``if applicable,'' 
                before ``present''.
    (c) Regulations.--Section 504 of such Act (7 U.S.C. 5104) is 
amended--
            (1) by striking ``Within 150 days after the date of the 
        enactment of this Act, the'' and inserting ``The''; and
            (2) by adding at the end the following new sentence: ``The 
        regulations prescribed by the Secretary shall require 
        qualifying States to adequately train mediators to address all 
        of the issues covered by the mediation program of the State.''.
    (d) Report.--Section 505 of such Act (7 U.S.C. 5105) is amended by 
striking ``1990'' and inserting ``1998''.
    (e) Authorization of Appropriations.--Section 506 of such Act (7 
U.S.C. 5106) is amended by striking ``1995'' and inserting ``2000''.
    (f) Conforming Amendments.--
            (1) References to agricultural loans.--Subtitle A of title 
        V of such Act is amended--
                    (A) in sections 502 and 505(1) (7 U.S.C. 5102, 
                5105(1)), by striking ``agricultural loan'' each place 
                it appears; and
                    (B) in section 505(3) (7 U.S.C. 5105(3)), by 
                striking ``an agricultural loan mediation'' and 
                inserting ``a mediation''.
            (2) Waiver of farm credit system mediation rights by 
        borrowers.--Section 4.14E of the Farm Credit Act of 1971 (12 
        U.S.C. 2202e) is amended by striking ``agricultural loan''.
            (3) Waiver of fmha mediation rights by borrowers.--Section 
        358 of the Consolidated Farm and Rural Development Act (7 
        U.S.C. 2006) is amended by striking ``agricultural loan''.

                   TITLE IX--MISCELLANEOUS PROVISIONS

SEC. 901. SUCCESSORSHIP PROVISIONS RELATING TO BARGAINING UNITS AND 
              EXCLUSIVE REPRESENTATIVES.

    (a) Voluntary Agreement.--
            (1) In general.--If the exercise of the Secretary's 
        authority under this Act results in changes to an existing 
        bargaining unit that has been certified under chapter 71 of 
        title 5, United States Code, the affected parties shall attempt 
        to reach a voluntary agreement on a new bargaining unit and an 
        exclusive representative for such unit.
            (2) Criteria.--In carrying out the requirements of this 
        subsection, the affected parties shall use criteria set forth 
        in--
                    (A) sections 7103(a)(4), 7111(e), 7111(f)(1), and 
                7120 of title 5, United States Code, relating to 
                determining an exclusive representative; and
                    (B) section 7112 of title 5, United States Code 
                (disregarding subsections (b)(5) and (d) thereof), 
                relating to determining appropriate units.
    (b) Effect of an Agreement.--
            (1) In general.--If the affected parties reach agreement on 
        the appropriate unit and the exclusive representative for such 
        unit under subsection (a), the Federal Labor Relations 
        Authority shall certify the terms of such agreement, subject to 
        paragraph (2)(A). Nothing in this subsection shall be 
        considered to require the holding of any hearing or election as 
        a condition for certification.
            (2) Restrictions.--
                    (A) Conditions requiring noncer- tification.--The 
                Federal Labor Relations Authority may not certify the 
                terms of an agreement under paragraph (1) if--
                            (i) it determines that any of the criteria 
                        referred to in subsection (a)(2) (disregarding 
                        section 7112(a) of title 5, United States Code) 
                        have not been met; or
                            (ii) after the Secretary's exercise of 
                        authority and before certification under this 
                        section, a valid election under section 7111(b) 
                        of title 5, United States Code, is held 
                        covering any employees who would be included in 
                        the unit proposed for certification.
                    (B) Temporary waiver of provision that would bar an 
                election after a collective bargaining agreement is 
                reached.--Nothing in section 7111(f)(3) of title 5, 
                United States Code, shall prevent the holding of an 
                election under section 7111(b) of such title that 
                covers employees within a unit certified under 
                paragraph (1), or giving effect to the results of such 
                an election (including a decision not to be represented 
                by any labor organization), if the election is held 
                before the end of the 12-month period beginning on the 
                date such unit is so certified.
                    (C) Clarification.--The certification of a unit 
                under paragraph (1) shall not, for purposes of the last 
                sentence of section 7111(b) of title 5, United States 
                Code, or section 7111(f)(4) of such title, be treated 
                as if it had occurred pursuant to an election.
            (3) Delegation.--
                    (A) In general.--The Federal Labor Relations 
                Authority may delegate to any regional director (as 
                referred to in section 7105(e) of title 5, United tates 
                Code) its authority under the preceding provisions of 
                this subsection.
                    (B) Review.--Any action taken by a regional 
                director under subparagraph (A) shall be subject to 
                review under the provisions of section 7105(f) of title 
                5, United States Code, in the same manner as if such 
                action had been taken under section 7105(e) of such 
                title, except that in the case of a decision not to 
                certify, such review shall be required if application 
                therefor is filed by an affected party within the time 
                specified in such provisions.
    (c) Definition.--For purposes of this section, the term ``affected 
party'' means--
            (1) with respect to an exercise of authority by the 
        Secretary under this Act, any labor organization affected 
        thereby; and
            (2) the Department of Agriculture.

SEC. 902. OFFICE OF ENVIRONMENTAL RISK ASSESSMENT.

    (a) Office of Environmental Risk Assessment.--The Secretary shall 
establish in the Department an Office of Environmental Risk Assessment 
(in this section referred to as the ``Office''), which shall be 
independent of other offices and agencies of the Department, but shall 
have the authority to advise such offices and agencies regarding the 
environmental risks addressed by Department regulations and the 
implementation and compliance costs associated with such regulations. 
The Office shall be under the direction of a Director appointed by the 
Secretary.
    (b) Strategy to Analyze Risks and Benefits.--The Director of the 
Office shall develop a strategy for performing, to the greatest extent 
practicable and consistent with the provisions of this section and 
other provisions of the law applicable to the Department, risk/benefit 
analyses in connection with the regulations described in subsection (c) 
that are performed consistently and employ state-of-the-art scientific 
techniques that are practicable with the resources available. The 
implementation of the strategy shall be subject to the approval of the 
Secretary.
    (c) Review and Certification of Department Regulations.--In 
connection with each proposed major regulation relating to public 
health, public safety, or the environment that is issued by the 
Department after the date on which the Secretary approves of the risk/
benefit analysis strategy under subsection (b), the Director of the 
Office shall publish in the Federal Register--
            (1) an estimate, with as much specificity as practicable, 
        of--
                    (A) the risk to the health and safety of 
                individuals that is addressed by the regulation, 
                including the effect of the risk on human health or the 
                environment;
                    (B) the costs associated with the implementation 
                of, and compliance with, the regulation; and
                    (C) a comparative analysis of that risk relative to 
                other risks to which the public is exposed; and
            (2) subject to subsection (d), a certification by the 
        Director that--
                    (A) the estimate under paragraph (1)(B) and the 
                analysis under paragraph (1)(C) are based on a 
                scientific evaluation of the risk referred to in 
                paragraph (1)(A) and are supported by the best 
                available scientific data;
                    (B) the regulation will substantially advance the 
                purpose of protecting the public health and safety or 
                the environment against the risk referred to in 
                paragraph (1)(A); and
                    (C) the regulation will produce benefits to public 
                health and safety or the environment that will justify 
                the costs incurred by local, State, and Federal 
                Government and other public and private entities as a 
                result of the implementation of, and compliance with, 
                the regulation, as estimated in paragraph (1)(B).
    (d) Report to Congress of Lack of Certification.--If the Director 
of the Office cannot make the certification required under subsection 
(c)(2) for a regulation, the Director shall submit to Congress a report 
containing a statement of the reasons why the certification cannot be 
made. The statement shall be included in the final regulation.
    (e) Effect on Other Laws; Judicial Review.--This section, and any 
certification made under subsection (c), shall not be construed to 
amend, modify, or alter any law and shall not be subject to judicial 
review. This section shall not be construed to grant a cause of action 
to any person.

SEC. 903. FAIR AND EQUITABLE TREATMENT OF SOCIALLY DISADVANTAGED 
              PRODUCERS.

    (a) Fair Crop Acreage Bases and Farm Program Payment Yields.--If 
the Secretary of Agriculture determines that crop acreage bases or farm 
program payment yields established for farms owned or operated by 
socially disadvantaged producers are not established in accordance with 
title V of the Agricultural Act of 1949 (7 U.S.C. 1461 et seq.), the 
Secretary shall adjust the bases and yields to conform to the 
requirements of such title and make available any appropriate commodity 
program benefits.
    (b) Fair Application of Consolidated Farm and Rural Development 
Act.--If the Secretary of Agriculture determines that application of 
the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) 
with respect to socially disadvantaged producers is not consistent with 
the requirements of such Act, the Secretary shall make such changes in 
the administration of such Act as the Secretary considers necessary to 
provide for the fair and equitable treatment of socially disadvantaged 
producers under such Act.
    (c) Report on Treatment of Socially Disadvantaged Producers.--
            (1) Report required.--The Comptroller General of the United 
        States shall prepare a report to determine--
                    (A) whether socially disadvantaged producers are 
                underrepresented on State, county, or local committees 
                established under section 8(b) of the Soil Conservation 
                and Domestic Allotment Act (16 U.S.C. 590h(b)) or local 
                review committees established under section 363 of the 
                Agricultural Adjustment Act of 1938 (7 U.S.C. 1363) 
                because of racial, ethnic, or gender prejudice; and
                    (B) if such underrepresentation exists, whether it 
                inhibits or interferes with the participation of 
                socially disadvantaged producers in programs of the 
                Department of Agriculture.
            (2) Submission of report.--Not later than February 1, 1995, 
        the Comptroller General shall submit the report required by 
        this subsection to the Committee on Agriculture of the House of 
        Representatives and the Committee on Agriculture, Nutrition, 
        and Forestry of the Senate.
    (d) Definition.--For purposes of this section, the term ``socially 
disadvantaged producer'' means a producer who is a member of a group 
whose members have been subjected to racial, ethnic, or gender 
prejudice because of their identity as members of a group without 
regard to their individual qualities.

SEC. 904. REPEAL OF SUPERSEDED PROVISIONS.

    (a) In General.--The following provisions of law are repealed:
            (1) Section 2 of Reorganization Plan No. 2 of 1953 (5 
        U.S.C. App; 7 U.S.C. 2201 note).
            (2) Section 2 of the Act entitled ``An Act to enlarge the 
        powers and duties of the Department of Agriculture and to 
        create an Executive Department to be known as the Department of 
        Agriculture.'', approved February 9, 1889 (7 U.S.C. 2212).
            (3) The first paragraph designated ``Office of the 
        Secretary:'' under the heading ``DEPARTMENT OF AGRICULTURE'' of 
        the Act entitled ``An Act making appropriations for the 
        Department of Agriculture for the fiscal year ending June 
        thirtieth, nineteen hundred and seven.'', approved June 30, 
        1906 (34 Stat. 670; 7 U.S.C. 2212).
            (4) Section 604(a) of the Rural Development Act of 1972 (7 
        U.S.C. 2212a).
            (5) Section 2 of Public Law 94-561 (7 U.S.C. 2212b).
            (6) Section 8(a) of Public Law 97-325 (7 U.S.C. 2212c).
            (7) Section 1413(d) of the National Agricultural Research, 
        Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3128(d)).
            (8) Section 306(a)(15)(C) of the Consolidated Farm and 
        Rural Development Act (7 U.S.C. 1926(a)(15)(C)).
            (9) Section 2322(d)(2) of the Food, Agriculture, 
        Conservation, and Trade Act of 1990 (7 U.S.C. 1926-1(d)(2)).
            (10) Section 364 of the Consolidated Farm and Rural 
        Development Act (7 U.S.C. 2006f).
    (b) Termination of Authority for Assistant Secretaries.--Section 
5315 of title 5, United States Code, is amended by striking ``Assistant 
Secretaries of Agriculture (7).''.
    (c) Termination of Other Executive Schedule Positions.--Section 
5316 of title 5, United States Code, is amended--
            (1) by striking ``Administrator, Agricultural Marketing 
        Service, Department of Agriculture.'';
            (2) by striking ``Administrator, Agricultural Research 
        Service, Department of Agriculture.'';
            (3) by striking ``Administrator, Agricultural Stabilization 
        and Conservation Service, Department of Agriculture.'';
            (4) by striking ``Administrator, Farmers Home 
        Administration.'';
            (5) by striking ``Administrator, Foreign Agricultural 
        Service, Department of Agriculture.'';
            (6) by striking ``Administrator, Rural Electrification 
        Administration, Department of Agriculture.'';
            (7) by striking ``Administrator, Soil Conservation Service, 
        Department of Agriculture.'';
            (8) by striking ``Chief Forester of the Forest Service, 
        Department of Agriculture.'';
            (9) by striking ``Director of Science and Education, 
        Department of Agriculture.'';
            (10) by striking ``Administrator, Animal and Plant Health 
        Inspection Service, Department of Agriculture.''; and
            (11) by striking ``Administrator, Federal Grain Inspection 
        Service, Department of Agriculture.''.

SEC. 905. CONFORMING AMENDMENTS.

    (a) United States Grain Standards Act.--The United States Grain 
Standards Act (7 U.S.C. 71 et seq.) is amended--
            (1) in section 3 (7 U.S.C. 75)--
                    (A) by inserting ``and'' at the end of subsection 
                (y);
                    (B) by striking subsections (z) and (aa); and
                    (C) by redesignating subsection (bb) as subsection 
                (z);
            (2) by striking section 3A (7 U.S.C. 75a);
            (3) in section 5(b) (7 U.S.C. 77(b)), by striking ``Service 
        employees'' and inserting ``employees of the Secretary'';
            (4) in sections 7(j)(2) and 7A(l)(2) (7 U.S.C. 79(j)(2) and 
        79a(l)(2)), by striking ``supervision by Service personnel of 
        its field office personnel'' both places it appears and 
        inserting ``supervision by the Secretary of the Secretary's 
        field office personnel'';
            (5) in section 12(c) (7 U.S.C. 87a(c)), by striking ``or 
        Administrator'';
            (6) in section 12(d) (7 U.S.C. 87a(d)), by striking ``or 
        the Administrator'';
            (7) except as otherwise provided in this subsection, by 
        striking ``Administrator'' each place it appears and inserting 
        ``Secretary''; and
            (8) except as otherwise provided in this subsection, by 
        striking ``Service'' each place it appears and inserting 
        ``Secretary''.
    (b) Packers and Stockyards Act, 1921.--Section 407 of the Packers 
and Stockyards Act, 1921 (7 U.S.C. 228), is amended--
            (1) by striking subsection (b);
            (2) by redesignating subsections (c), (d), (e), and (f), as 
        subsections (b), (c), (d), and (e), respectively; and
            (3) in subsection (e) (as so redesignated), by striking 
        ``subsection (e)'' and inserting ``subsection (d)''.

SEC. 906. PROPOSED CONFORMING AMENDMENTS.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary shall submit to Congress recommended legislation 
containing additional technical and conforming amendments to Federal 
laws that are required as a result of the enactment of this Act.

SEC. 907. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.

    (a) Sense of Congress.--It is the sense of the Congress that, to 
the greatest extent practicable, all equipment and products purchased 
using funds made available pursuant to this Act should be American-
made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
pursuant to this Act, the Secretary, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.

SEC. 908. CONDITIONS ON IMPLEMENTATION OF ALTERATION IN LEVEL OF 
              SELENIUM ALLOWED IN ANIMAL DIETS.

    (a) Conditions.--The Food and Drug Administration shall not 
implement or enforce the final rule described in subsection (b) to 
alter the level of selenium allowed to be used as a supplement in 
animal diets unless the Commissioner of the Food and Drug 
Administration makes a determination that--
            (1) selenium additives are not essential, at levels 
        authorized in the absence of such final rule, to maintain 
        animal nutrition and protect animal health;
            (2) selenium at such levels is not safe to the animals 
        consuming the additive;
            (3) selenium at such levels is not safe to individuals 
        consuming edible portions of animals that receive the additive;
            (4) selenium at such levels does not achieve its intended 
        effect of promoting normal growth and reproduction of livestock 
        and poultry; and
            (5) the manufacture and use of selenium at such levels 
        cannot reasonably be controlled by adherence to current good 
        manufacturing practice requirements.
    (b) Final Rule Described.--The final rule referred to in subsection 
(a) is the final rule issued by the Food and Drug Administration and 
published in the Federal Register on September 13, 1993 (58 Fed. Reg. 
47962), in which the Administration stayed 1987 amendments to the 
selenium food additive regulations, and any modification of such rule 
issued after the date of the enactment of this Act.
            Attest:

                                                                 Clerk.
                                     

103d CONGRESS

  2d Session

                                S. 1970

_______________________________________________________________________

                               AMENDMENT
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