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:

1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

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

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

5 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.
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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.

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.
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1 (2) NATIONAL APPEALS DIVISION.—The term

2 ‘‘National Appeals Division’’ means the National Ap3 peals Division of the Department established under

4 section 802.

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

6 the Secretary of Agriculture.

7 TITLE I—GENERAL

8 REORGANIZATION AUTHORITIES

9 SEC. 101. TRANSFER OF DEPARTMENT FUNCTIONS TO SEC10 RETARY OF AGRICULTURE.

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

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

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

14 and employees of the Department that are not already vest15 ed in the Secretary as of the date of the enactment of this

16 Act.

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

18 the following functions:

19 (1) Functions vested by subchapter II of chapter

20 5 of title 5, United States Code, in administrative

21 law judges employed by the Department.

22 (2) Functions vested by the Inspector General

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

24 of the Department.
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1 (3) Functions vested by chapter 9 of title 31,

2 United States Code, in the Chief Financial Officer of

3 the Department.

4 (4) Functions vested in the corporations of the

5 Department or the boards of directors and officers of

6 such corporations.

7 (5) Functions vested in the Alternative Agricul8 tural Research and Commercialization Board by the

9 Alternative Agricultural Research and Commer10 cialization Act of 1990 (7 U.S.C. 5901 et seq.).

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

12 Commodity Credit Corporation established by section

13 9(b) of the Commodity Credit Corporation Charter

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

15 (c) DELEGATION OF AUTHORITY.—

16 (1) DELEGATION AUTHORIZED.—Subject to

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

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

19 the authority to perform any function transferred to

20 the Secretary under subsection (a) or any other func21 tion vested in the Secretary as of the date of the en22 actment of this Act.

23 (2) EXCEPTION.—The delegation authority pro24 vided by paragraph (1) shall be subject to—
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1 (A) sections 105(b)(1), 106(b)(1), 201(b)(1),

2 202(b)(1), 301(b)(1), 401(b)(1), 501(b)(1),

3 601(b)(1), 601(c)(2), 701(b)(1), 803, and 904 of

4 this Act;

5 (B) sections 502 and 503 of the Agricultural

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

7 and

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

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

10 590h(b)(5)), as amended by section 203(a) of this

11 Act.

12 (d) COST-BENEFIT ANALYSIS REQUIRED FOR NAME

13 CHANGE.—

14 (1) ANALYSIS REQUIRED.—Except as provided

15 in paragraph (2), the Secretary shall conduct a cost16 benefit analysis before changing the name of any

17 agency, office, division, or other unit of the Depart18 ment to ensure that the benefits to be derived from

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

20 other unit outweigh the expense of executing the name

21 change.

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

23 with respect to any name change specifically provided

24 for in this Act.
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1 (e) PUBLIC COMMENT ON PROPOSED REORGANIZA2 TION.—To the extent that the implementation of the author3 ity provided to the Secretary by this Act to reorganize the

4 Department involves the creation of new agencies or offices

5 within the Department or the delegation of major functions

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

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

8 the extent considered practicable by the Secretary—

9 (1) give appropriate advance public notice of the

10 proposed reorganization action or delegation; and

11 (2) afford appropriate opportunity for interested

12 parties to comment on the proposed reorganization

13 action or delegation.

14 (f) INTERAGENCY TRANSFER OF RECORDS, PROPERTY,

15 PERSONNEL, AND FUNDS.—

16 (1) RELATED TRANSFERS.—Subject to para17 graph (2), as part of the transfer or delegation of a

18 function of the Department made or authorized by

19 this Act, the Secretary may transfer within the De20 partment—

21 (A) any of the records, property, or person22 nel affected by the transfer or delegation of the

23 function; and

24 (B) unexpended balances (available or to be

25 made available for use in connection with the
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1 transferred or delegated function) of appropria2 tions, allocations, or other funds of the Depart3 ment.

4 (2) APPLICABLE LAW RELATING TO FUNDS

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

6 Code, shall apply to any transfer of funds under

7 paragraph (1).

8 SEC. 102. REDUCTIONS IN NUMBER OF DEPARTMENT PER9 SONNEL.

10 (a) NUMBER OF REDUCTIONS REQUIRED.—The Sec11 retary shall achieve Federal employee reductions of at least

12 7,500 staff years within the Department by the end of fiscal

13 year 1999. Reductions in the number of full-time equivalent

14 positions within the Department achieved under section 5

15 of the Federal Workforce Restructuring Act of 1994 (Public

16 Law 103–226; 108 Stat. 115; 5 U.S.C. 3101 note) shall be

17 counted toward the employee reductions required under this

18 section.

19 (b) TOP-DOWN REDUCTIONS REQUIRED.—In achiev20 ing the employee reductions required in subsection (a), the

21 Secretary shall ensure that the percentage by which total

22 employee staff years in headquarters offices is reduced is

23 at least twice as great as the percentage by which total em24 ployee staff years in field offices is reduced.
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1 SEC. 103. COMBINATION OF FIELD OFFICES.

2 (a) COMBINATION OF OFFICES REQUIRED.—The Sec3 retary shall combine field offices of agencies within the De4 partment, where practicable and to the extent consistent

5 with efficiency, effectiveness, and service to farmers, im6 prove service to clients and reduce personnel and duplica7 tive overhead expenses.

8 (b) JOINT USE OF RESOURCES AND OFFICES RE9 QUIRED.—When two or more agencies share a common field

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

11 office space, equipment, office supplies, administrative per12 sonnel, and clerical personnel associated with that field

13 office.

14 SEC. 104. IMPROVEMENT OF INFORMATION SHARING.

15 Whenever the Secretary procures or uses computer sys16 tems, as may be provided for in advance in appropriations

17 Acts, the Secretary shall do so in a manner that enhances

18 efficiency, productivity, and client services and is consistent

19 with the goal of promoting computer information sharing

20 among agencies of the Department.

21 SEC. 105. DIRECTOR OF EXTERNAL AFFAIRS.

22 (a) ESTABLISHMENT.—There is established in the De23 partment the position of Director of External Affairs of the

24 Department of Agriculture. The Director of External Affairs

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

26 and consent of the Senate.
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1 (b) FUNCTIONS OF DIRECTOR.—

2 (1) PRINCIPAL FUNCTIONS.—The Secretary shall

3 delegate to the Director of External Affairs those func4 tions and duties that were under the jurisdiction of

5 the Assistant Secretary of Agriculture for Congres6 sional Relations and the Director of Public Affairs of

7 the Department as of the date of the enactment of this

8 Act.

9 (2) ADDITIONAL FUNCTIONS.—The Director of

10 External Affairs shall perform such other duties as

11 may be required by law or prescribed by the Sec12 retary.

13 (c) SUCCESSION.—Any official who is serving as As14 sistant Secretary of Agriculture for Congressional Relations

15 on the date of the enactment of this Act and who was ap16 pointed by the President, by and with the advice and con17 sent of the Senate—

18 (1) shall be considered to be serving in the suc19 cessor position established by subsection (a); and

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

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

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

23 5, United States Code, is amended by adding at the end

24 the following:
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1 ‘‘Director of External Affairs of the Department

2 of Agriculture.’’.

3 SEC. 106. DIRECTOR FOR ADMINISTRATION.

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

6 Department of Agriculture. The Director for Administra7 tion shall be appointed by the President, by and with the

8 advice and consent of the Senate.

9 (b) FUNCTIONS OF DIRECTOR.—

10 (1) PRINCIPAL FUNCTIONS.—The Secretary shall

11 delegate to the Director for Administration those func12 tions and duties that were under the jurisdiction of

13 the Assistant Secretary for Administration of the De14 partment as of the date of the enactment of this Act.

15 (2) ADDITIONAL FUNCTIONS.—The Director for

16 Administration shall perform such other duties as

17 may be required by law or prescribed by the Sec18 retary.

19 (c) SUCCESSION.—Any official who is serving as As20 sistant Secretary of Agriculture for Administration on the

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

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

23 the Senate—

24 (1) shall be considered to be serving in the suc25 cessor position established by subsection (a); and
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1 (2) shall not be required to be reappointed to

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

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

4 5, United States Code, is amended by adding at the end

5 the following:

6 ‘‘Director for Administration of the Department

7 of Agriculture.’’.

8 TITLE II—FARM AND FOREIGN

9 AGRICULTURAL SERVICES

10 SEC. 201. UNDER SECRETARY OF AGRICULTURE FOR FARM

11 AND FOREIGN AGRICULTURAL SERVICES.

12 (a) ESTABLISHMENT.—There is established in the De13 partment the position of Under Secretary of Agriculture for

14 Farm and Foreign Agricultural Services. The Under Sec15 retary shall be appointed by the President, by and with the

16 advice and consent of the Senate.

17 (b) FUNCTIONS OF UNDER SECRETARY.—

18 (1) PRINCIPAL FUNCTIONS.—The Secretary shall

19 delegate to the Under Secretary of Agriculture for

20 Farm and Foreign Agricultural Services those func21 tions and duties under the jurisdiction of the Depart22 ment that are related to farm and foreign agricul23 tural services.

24 (2) ADDITIONAL FUNCTIONS.—The Under Sec25 retary of Agriculture for Farm and Foreign Agricul-
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1 tural Services shall perform such other functions and

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

3 Secretary.

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

5 Under Secretary of Agriculture for International Affairs

6 and Commodity Programs on the date of the enactment of

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

8 with the advice and consent of the Senate—

9 (1) shall be considered to be serving in the suc10 cessor position established by subsection (a); and

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

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

13 (d) CONFORMING AMENDMENTS.—

14 (1) EXISTING POSITION.—Section 501 of the Ag15 ricultural Trade Act of 1978 (7 U.S.C. 5691), relat16 ing to the Under Secretary of Agriculture for Inter17 national Affairs and Commodity Programs, is re18 pealed.

19 (2) EXECUTIVE SCHEDULE.—Section 5314 of

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

21 ‘‘Under Secretary of Agriculture for International Af22 fairs and Commodity Programs.’’ and inserting

23 ‘‘Under Secretary of Agriculture for Farm and For24 eign Agricultural Services.’’.
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1 SEC. 202. AGRICULTURAL SERVICE AGENCY.

2 (a) ESTABLISHMENT.—The Secretary shall establish

3 and maintain an Agricultural Service Agency within the

4 Department.

5 (b) FUNCTIONS OF AGRICULTURAL SERVICE AGEN6 CY.—

7 (1) PRINCIPAL FUNCTIONS.—The Secretary shall

8 carry out through the Agricultural Service Agency the

9 following activities that are under the jurisdiction of

10 the Department:

11 (A) Agricultural price and income support

12 programs and related programs.

13 (B) General supervision of the Federal Crop

14 Insurance Corporation.

15 (C) Notwithstanding any other provision of

16 law, agricultural credit programs formerly as17 signed by law to the Farmers Home Administra18 tion (including farm ownership and operating,

19 emergency, and disaster loan programs) and

20 other lending programs for farmers and others

21 engaged in the production of agricultural com22 modities.

23 (D) Agricultural conservation cost-share

24 and demonstration programs carried out by the

25 Agricultural Stabilization and Conservation
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1 Service or the Farmers Home Administration as

2 of the date of the enactment of this Act.

3 (2) ADDITIONAL FUNCTIONS.—The Secretary

4 may assign to the Agricultural Service Agency such

5 additional functions as the Secretary considers appro6 priate in connection with the administration and im7 plementation of authorities assigned to the Secretary

8 by law.

9 (c) JURISDICTION OVER CONSERVATION PROGRAM AP10 PEALS.—

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

12 decision described in this paragraph is referred to the

13 National Appeals Division for consideration, the Ag14 ricultural Service Agency shall have initial jurisdic15 tion over any administrative appeal resulting from

16 an adverse decision made under title XII of the Food

17 Security Act of 1985 (16 U.S.C. 3801 et seq.), includ18 ing an adverse decision involving technical deter19 minations made by the Soil Conservation Service.

20 (2) TREATMENT OF TECHNICAL DETERMINA21 TION.—With respect to administrative appeals involv22 ing a technical determination made by the Soil Con23 servation Service, the Agricultural Service Agency, by

24 rule with the concurrence of the Soil Conservation

25 Service, shall establish procedures for obtaining re-
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1 view by the Soil Conservation Service of the technical

2 determinations involved. Such rules shall ensure that

3 technical criteria established by the Soil Conservation

4 Service shall be used by the Agricultural Service

5 Agency as the basis for any decisions regarding tech6 nical determinations.

7 (3) REINSTATEMENT OF PROGRAM BENEFITS.—

8 Rules issued to carry out this subsection shall provide

9 for the prompt reinstatement of benefits to a producer

10 who is determined in an administrative appeal to

11 meet the requirements of title XII of the Food Secu12 rity Act of 1985 applicable to the producer.

13 (4) DEFINITION.—For purposes of this sub14 section, the term ‘‘Soil Conservation Service’’ includes

15 any successor agency to the Soil Conservation Service.

16 (d) USE OF FEDERAL AND NON-FEDERAL EMPLOY17 EES.—

18 (1) USE AUTHORIZED.—In the implementation

19 of programs and activities assigned to the Agricul20 tural Service Agency, the Secretary may use inter21 changeably in local offices of the agency both Federal

22 employees of the Department and non-Federal em23 ployees of county and area committees established

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

25 Domestic Allotment Act (16 U.S.C. 590h(b)(5)).
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1 (2) EXCEPTION.—Notwithstanding paragraph

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

3 2302(a)(2)(A) of title 5, United States Code) may be

4 taken with respect to a Federal employee unless such

5 action is taken by another Federal employee.

6 (e) CONFORMING AMENDMENTS.—

7 (1) CROP INSURANCE.—The Federal Crop Insur8 ance Act (7 U.S.C.1501 et seq.) is amended—

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

10 striking ‘‘the Under Secretary or Assistant Sec11 retary of Agriculture responsible for the farm

12 credit programs of the Department of Agri13 culture,’’ and inserting ‘‘one additional Under

14 Secretary of Agriculture as designated by the

15 Secretary,’’; and

16 (B) in section 507(d) (7 U.S.C. 1507(d)), by

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

18 ‘‘agency’’.

19 (2) FARM AND RURAL DEVELOPMENT.—Section

20 331(a) of the Consolidated Farm and Rural Develop21 ment Act (7 U.S.C. 1981(a)) is amended by striking

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

23 that follows through the period and inserting ‘‘assets

24 to such officers or agencies of the Department of Agri25 culture as the Secretary considers appropriate.’’.
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1 SEC. 203. STATE, COUNTY, AND AREA COMMITTEES.

2 (a) AMENDMENT TO THE SOIL CONSERVATION AND

3 DOMESTIC ALLOTMENT ACT.—Section 8(b) of the Soil Con4 servation and Domestic Allotment Act (16 U.S.C. 590h(b))

5 is amended—

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

7 (2) by designating the second through eighth un8 designated paragraphs as paragraphs (2) through (8),

9 respectively; and

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

11 and inserting the following new paragraph:

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

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

14 The Secretary shall appoint in each State a State

15 committee composed of not fewer than 3 nor more

16 than 5 members who are fairly representative of the

17 farmers in the State. The members of a State commit18 tee shall serve at the pleasure of the Secretary for such

19 term as the Secretary may establish.

20 ‘‘(B) ESTABLISHMENT OF COUNTY OR AREA COM21 MITTEES.—(i) In each county or area in which ac22 tivities are carried out under this section, the Sec23 retary shall establish a county or area committee. In

24 the case of a county committee in existence on the

25 date of the enactment of the Department of Agri26 culture Reorganization Act of 1994, the Secretary
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1 may not terminate the country committee, alter the

2 boundaries of the area covered by the committee, or

3 consolidate the committee with other county commit4 tees, without the consent of a majority of the produc5 ers in the area covered by the committee, as deter6 mined in a referendum conducted by the Secretary.

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

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

9 representative of the farmers in the county or area

10 and who shall be elected by the farmers in such coun11 ty or area under such procedures as the Secretary

12 may prescribe.

13 ‘‘(iii) Only farmers within a local administra14 tive area who are producers who participate or co15 operate in programs administered within their area

16 shall be eligible for nomination and election to the

17 local committee for that area.

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

19 nominations from organizations representing the in20 terests of socially disadvantaged groups (as defined in

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

22 Development Act (7 U.S.C. 2003(e)(1)).

23 ‘‘(v) Members of each county or area committee

24 shall serve for terms not to exceed 3 years.
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1 ‘‘(C) USE OF COMMITTEES.—The Secretary shall

2 use the services of such committees in carrying out

3 programs under this section and the agricultural

4 credit programs under the Consolidated Farm and

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

6 in considering administrative appeals under the ju7 risdiction of the Agricultural Service Agency, as pro8 vided by section 202(c) of the Department of Agri9 culture Reorganization Act of 1994. In addition, to

10 the extent the Secretary determines appropriate, the

11 Secretary may use the services of such committees in

12 carrying out programs under other authorities ad13 ministered by the Secretary .

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

15 such regulations as the Secretary considers necessary

16 relating to the selection and exercise of the functions

17 of the respective committees, and to the administra18 tion through such committees of the programs de19 scribed in subparagraph (C). Pursuant to such regu20 lations, each county and area committee shall select

21 an executive director for the area or county. Such se22 lection shall be made in the same manner as provided

23 for the selection of the county executive director under

24 section 7.21(b)(2) of title 7, Code of Federal Regula25 tions, as in effect on January 1, 1994. Regulations
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1 governing payments or grants under this subsection

2 shall be as simple and direct as possible, and, when3 ever practicable, they shall be classified on the follow4 ing two bases:

5 ‘‘(i) Soil-depleting practices.

6 ‘‘(ii) Soil-building practices.

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

8 carrying out this section, the Secretary shall—

9 ‘‘(i) insofar as practicable, protect the inter10 ests of tenants and sharecroppers;

11 ‘‘(ii) accord such encouragement to pro12 ducer-owned and producer-controlled cooperative

13 associations as will be in harmony with the pol14 icy toward cooperative associations set forth in

15 Federal laws and as will tend to promote effi16 cient methods of marketing and distribution;

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

18 the interests of small producers; and

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

20 provide for soil-conserving and soil-rebuilding

21 practices.

22 ‘‘(F) DISCRETIONARY AUTHORITIES OF SEC23 RETARY.—In carrying out this section, the Secretary

24 may use other approved agencies.
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1 ‘‘(G) LIMITATIONS.—In carrying out this sec2 tion, the Secretary shall not have the authority to ac3 quire any land or any right or interest in land.’’.

4 (b) CONFORMING AMENDMENTS.—The Consolidated

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

6 is amended—

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

8 (2) in section 333 (7 U.S.C. 1983)—

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

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

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

12 TITLE III—RURAL ECONOMIC

13 AND COMMUNITY DEVELOP14 MENT

15 SEC. 301. UNDER SECRETARY OF AGRICULTURE FOR RURAL

16 ECONOMIC AND COMMUNITY DEVELOPMENT.

17 (a) ESTABLISHMENT.—There is established in the De18 partment the position of Under Secretary of Agriculture for

19 Rural Economic and Community Development. The Under

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

21 the advice and consent of the Senate.

22 (b) FUNCTIONS OF UNDER SECRETARY.—

23 (1) PRINCIPAL FUNCTIONS.—The Secretary shall

24 delegate to the Under Secretary of Agriculture for

25 Rural Economic and Community Development those
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1 functions and duties under the jurisdiction of the De2 partment that are related to rural economic and com3 munity development.

4 (2) ADDITIONAL FUNCTIONS.—The Under Sec5 retary of Agriculture for Rural Economic and Com6 munity Development shall perform such other func7 tions and duties as may be required by law or pre8 scribed by the Secretary.

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

10 Under Secretary of Agriculture for Small Community and

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

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

13 advice and consent of the Senate—

14 (1) shall be considered to be serving in the suc15 cessor position established by subsection (a); and

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

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

18 (d) LOAN APPROVAL AUTHORITY.—Approval author19 ity for loans and loan guarantees in the electric and tele20 phone loan and loan guarantee programs authorized by the

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

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

23 a State director or other employee whose primary duty is

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

25 of assistance to such borrowers.
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1 (e) CONFORMING AMENDMENTS.—

2 (1) EXISTING POSITION.—Section 3 of the Rural

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

4 amended by striking subsection (a).

5 (2) EXECUTIVE SCHEDULE.—Section 5314 of

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

7 ‘‘Under Secretary of Agriculture for Small Commu8 nity and Rural Development.’’ and inserting ‘‘Under

9 Secretary of Agriculture for Rural Economic and

10 Community Development.’’.

11 (f) AMENDMENTS TO THE RURAL ELECTRIFICATION

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

13 U.S.C. 901 et seq.) is amended—

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

15 first sentence;

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

17 ‘‘Administrator’’ and inserting ‘‘Secretary of Agri18 culture’’;

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

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

21 request and approval of the Secretary of Agri22 culture,’’ and inserting ‘‘Secretary’’; and

23 (B) by striking ‘‘Administrator appointed

24 pursuant to the provisions of this Act or from

25 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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•S 1970 EAH

1 (A) by striking ‘‘Rural Electrification Adminis2 tration’’ and inserting ‘‘Secretary of Agriculture’’;

3 and

4 (B) by striking ‘‘its’’ and inserting ‘‘the Sec5 retary’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.’’.

20 TITLE VIII—NATIONAL APPEALS

21 DIVISION

22 SEC. 801. DEFINITIONS.

23 For purposes of this title:

24 (1) ADVERSE DECISION.—The term ‘‘adverse de25 cision’’ means an administrative decision made by an
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1 officer, employee, or committee of an agency that is

2 adverse to a participant. The term includes a denial

3 of equitable relief by an agency or the failure of an

4 agency to issue a decision or otherwise act on the re5 quest or right of the participant. The term does not

6 include a decision over which the Board of Contract

7 Appeals has jurisdiction.

8 (2) AGENCY.—The term ‘‘agency’’ means any

9 agency of the Department designated by the Secretary

10 or a successor agency of the Department, except that

11 the term shall include the following (and any succes12 sor to the following):

13 (A) The Agricultural Service Agency.

14 (B) The Commodity Credit Corporation,

15 with respect to domestic programs.

16 (C) The Farmers Home Administration.

17 (D) The Federal Crop Insurance Corpora18 tion.

19 (E) The Rural Development Administra20 tion.

21 (F) The Soil Conservation Service.

22 (G) A State, county, or area committee es23 tablished under section 8(b)(5) of the Soil Con24 servation and Domestic Allotment Act (16 U.S.C.

25 590h(b)(5)).
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1 (3) APPELLANT.—The term ‘‘appellant’’ means a

2 participant who appeals an adverse decision in ac3 cordance with this title.

4 (4) CASE RECORD.—The term ‘‘case record’’

5 means all the materials maintained by the Secretary

6 related to an adverse decision.

7 (5) DIRECTOR.—The term ‘‘Director’’ means the

8 Director of the Division.

9 (6) DIVISION.—The term ‘‘Division’’ means the

10 National Appeals Division established by this title.

11 (7) HEARING OFFICER.—The term ‘‘hearing offi12 cer’’ means an individual employed by the Division

13 who hears and determines appeals of adverse decisions

14 by any agency.

15 (8) PARTICIPANT.—The term ‘‘participant’’

16 means any individual, partnership, corporation, asso17 ciation, cooperative, or other entity whose application

18 for, or right to participate in or receive, payments or

19 loans in accordance with any of the programs admin20 istered by an agency is affected by an adverse deci21 sion of an agency.

22 SEC. 802. NATIONAL APPEALS DIVISION AND DIRECTOR.

23 (a) ESTABLISHMENT OF DIVISION.—The Secretary

24 shall establish and maintain an independent National Ap-
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1 peals Division within the Department to carry out this

2 title.

3 (b) DIRECTOR.—

4 (1) APPOINTMENT.—The Division shall be head5 ed by a Director, appointed by the Secretary from

6 among persons who have substantial experience in

7 practicing administrative law. In considering appli8 cants for the position of Director, the Secretary shall

9 consider persons currently employed outside Govern10 ment as well as Government employees.

11 (2) TERM AND REMOVAL.—The Director shall

12 serve for a 6-year term of office, and shall be eligible

13 for reappointment. The Director shall not be subject

14 to removal during the term of office, except for cause

15 established in accordance with law.

16 (3) POSITION CLASSIFICATION.—The position of

17 the Director may not be a position in the excepted

18 service or filled by a noncareer appointee.

19 (c) DIRECTION, CONTROL, AND SUPPORT.—The Direc20 tor shall be free from the direction and control of any person

21 other than the Secretary. The Division shall not receive ad22 ministrative support (except on a reimbursable basis) from

23 any agency other than the Office of the Secretary. The Sec24 retary may not delegate to any other officer or employee
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1 of the Department, other than the Director, the authority

2 of the Secretary with respect to the Division.

3 (d) DETERMINATION OF APPEALABILITY OF AGENCY

4 DECISIONS.—If an officer, employee, or committee of an

5 agency determines that a decision is not appealable and

6 a participant appeals the decision to the Director, the Di7 rector shall determine whether the decision is adverse to the

8 individual participant and thus appealable or is a matter

9 of general applicability and thus not subject to appeal. The

10 determination of the Director as to whether a decision is

11 appealable shall be administratively final.

12 (e) DIVISION PERSONNEL.—The Director shall appoint

13 such hearing officers and other employees as are necessary

14 for the administration of the Division. A hearing officer or

15 other employee of the Division shall have no duties other

16 than those that are necessary to carry out this title.

17 SEC. 803. TRANSFER OF FUNCTIONS.

18 There are transferred to the Division all functions ex19 ercised and all administrative appeals pending before the

20 effective date of this title (including all related functions

21 of any officer or employee) of or relating to—

22 (1) the National Appeals Division established by

23 section 426(c) of the Agricultural Act of 1949 (7

24 U.S.C. 1433e(c)) (as in effect on the day before the

25 date of the enactment of this Act);
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1 (2) the National Appeals Division established by

2 subsections (d) through (g) of section 333B of the Con3 solidated Farm and Rural Development Act (7 U.S.C.

4 1983b) (as in effect on the day before the date of the

5 enactment of this Act);

6 (3) appeals of decisions made by the Federal

7 Crop Insurance Corporation; and

8 (4) appeals of decisions made by the Soil Con9 servation Service.

10 SEC. 804. NOTICE AND OPPORTUNITY FOR HEARING.

11 Not later than 10 working days after an adverse deci12 sion is made that affects the participant, the Secretary shall

13 provide the participant with the written notice of such ad14 verse decision and the rights available to the participant

15 under this title or other law for the review of such adverse

16 decision.

17 SEC. 805. INFORMAL HEARINGS.

18 If an officer, employee, or committee of an agency

19 makes an adverse decision, the agency shall hold, at the re20 quest of the participant, an informal hearing on the deci21 sion. With respect to programs carried out through the Ag22 ricultural Service Agency, the Secretary shall maintain the

23 informal appeals process applicable to such programs, as

24 in effect on the date of the enactment of the title. If a medi25 ation program is available under title V of the Agricultural
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1 Credit Act of 1987 (7 U.S.C. 5101 et seq.) as a part of

2 the informal hearing process, the participant shall be of3 fered the right to choose such mediation.

4 SEC. 806. RIGHT OF PARTICIPANTS TO DIVISION HEARING.

5 (a) APPEAL TO DIVISION FOR HEARING.—Subject to

6 subsection (b), a participant shall have the right to appeal

7 an adverse decision to the Division for an evidentiary hear8 ing by a hearing officer consistent with section 807.

9 (b) TIME FOR APPEAL.—To be entitled to a hearing

10 under section 807, a participant shall request the hearing

11 not later than 30 days after the date on which the partici12 pant first received notice of the adverse decision.

13 SEC. 807. DIVISION HEARINGS.

14 (a) GENERAL POWERS OF DIRECTOR AND HEARING

15 OFFICERS.—

16 (1) ACCESS TO CASE RECORD.—The Director

17 and hearing officer shall have access to the case record

18 of any adverse decision appealed to the Division for

19 a hearing.

20 (2) ADMINISTRATIVE PROCEDURES.—The Direc21 tor and hearing officer shall have the authority to re22 quire the attendance of witnesses, and the production

23 of evidence, by subpoena and to administer oaths and

24 affirmations. Except to the extent required for the dis25 position of ex parte matters as authorized by law—
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1 (A) an interested person outside the Divi2 sion shall not make or knowingly cause to be

3 made to the Director or a hearing officer who is

4 or may reasonably be expected to be involved in

5 the evidentiary hearing or review of an adverse

6 decision, an ex parte communication (as defined

7 in section 551(14) of title 5, United States Code)

8 relevant to the merits of the proceeding;

9 (B) the Director and such hearing officer

10 shall not make or knowingly cause to be made to

11 any interested person outside the Division an ex

12 parte communication relevant to the merits of

13 the proceeding.

14 (b) TIME FOR HEARING.—Upon a timely request for

15 a hearing under section 806(b), an appellant shall have the

16 right to have a hearing by the Division on the adverse deci17 sion within 45 days after the date of the receipt of the re18 quest for the hearing.

19 (c) LOCATION AND ELEMENTS OF HEARING.—

20 (1) LOCATION.—A hearing on an adverse deci21 sion shall be held in the State of residence of the ap22 pellant or at a location that is otherwise convenient

23 to the appellant and the Division.

24 (2) EVIDENTIARY HEARING.—The evidentiary

25 hearing before a hearing officer shall be in person,
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1 unless the appellant agrees to a hearing by telephone

2 or by a review of the case record. The hearing officer

3 shall not be bound by previous findings of fact by the

4 agency in making a determination.

5 (3) INFORMATION AT HEARING.—The hearing of6 ficer shall consider information presented at the hear7 ing without regard to whether the evidence was known

8 to the agency officer, employee, or committee making

9 the adverse decision at the time the adverse decision

10 was made. The hearing officer shall leave the record

11 open after the hearing for a reasonable period of time

12 to allow the submission of information by the appel13 lant or the agency after the hearing to the extent nec14 essary to respond to new facts, information, argu15 ments, or evidence presented or raised by the agency

16 or appellant.

17 (4) BURDEN OF PROOF.—The appellant shall

18 bear the burden of proving that the adverse decision

19 of the agency was erroneous.

20 (d) DETERMINATION NOTICE.—The hearing officer

21 shall issue a notice of the determination on the appeal not

22 later than 30 days after a hearing or after receipt of the

23 request of the appellant to waive a hearing, except that the

24 Director may establish an earlier or later deadline. If the

25 determination is not appealed to the Director for review
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1 under section 808, the notice provided by the hearing officer

2 shall be considered to be a notice of final determination.

3 (e) EFFECTIVE DATE.—The final determination shall

4 be effective as of the date of filing of an application, the

5 date of the transaction or event in question, or the date of

6 the original adverse decision, whichever is applicable.

7 SEC. 808. DIRECTOR REVIEW OF DETERMINATIONS OF

8 HEARING OFFICERS.

9 (a) REQUESTS FOR DIRECTOR REVIEW.—

10 (1) TIME FOR REQUEST BY APPELLANT.—Not

11 later than 30 days after the date on which an appel12 lant receives the determination of a hearing officer

13 under section 807, the appellant shall submit a writ14 ten request to the Director for review of the deter15 mination in order to be entitled to a review by the

16 Director of the determination.

17 (2) TIME FOR REQUEST BY AGENCY HEAD.—Not

18 later 15 business days after the date on which an

19 agency receives the determination of a hearing officer

20 under section 807, the head of the agency may make

21 a written request that the Director review the deter22 mination.

23 (b) DETERMINATION OF DIRECTOR.—The Director

24 shall conduct a review of the determination of the hearing

25 officer using the case record, the record from the evidentiary
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1 hearing under section 807, the request for review, and such

2 other arguments or information as may be accepted by the

3 Director. Based on such review, the Director shall issue a

4 final determination notice that upholds, reverses, or modi5 fies the determination of the hearing officer. However, if

6 the Director determines that the hearing record is inad7 equate, the Director may remand all or a portion of the

8 determination for further proceedings to complete the hear9 ing record or, at the option of the Director, to hold a new

10 hearing. The Director shall complete the review and either

11 issue a final determination or remand the determination

12 not later than—

13 (1) 10 business days after receipt of the request

14 for review, in the case of a request by the head of an

15 agency for review; or

16 (2) 30 business days after receipt of the request

17 for review, in the case of a request by an appellant

18 for review.

19 (c) EQUITABLE RELIEF.—Subject to regulations issued

20 by the Secretary, the Director shall have the authority to

21 grant equitable relief under this section in the same manner

22 and to the same extent as such authority is provided to the

23 Secretary under section 326 of the Food and Agriculture

24 Act of 1962 (7 U.S.C. 1339a) and other laws. Notwithstand25 ing the administrative finality of a final determination of
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1 an appeal by the Division, the Secretary shall have the au2 thority to grant equitable or other types of relief to the ap3 pellant after a final determination is issued by the Divi4 sion.

5 (d) EFFECTIVE DATE.—A final determination issued

6 by the Director shall be effective as of the date of filing of

7 an application, the date of the transaction or event in ques8 tion, or the date of the original adverse decision, whichever

9 is applicable.

10 SEC. 809. JUDICIAL REVIEW.

11 A final determination of the Division shall be

12 reviewable and enforceable by any United States district

13 court of competent jurisdiction in accordance with chapter

14 7 of title 5, United States Code.

15 SEC. 810. IMPLEMENTATION OF FINAL DETERMINATIONS

16 OF DIVISION.

17 On the return of a case to an agency pursuant to the

18 final determination of the Division, the head of the agency

19 shall implement the final determination not later than 30

20 days after the effective date of the notice of the final deter21 mination.

22 SEC. 811. CONFORMING AMENDMENTS RELATING TO NA23 TIONAL APPEALS DIVISION.

24 (a) DECISIONS OF STATE, COUNTY, AND AREA COM25 MITTEES.—
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1 (1) APPLICATION OF SUBSECTION.—This sub2 section shall apply only with respect to functions of

3 the Agricultural Service Agency or the Commodity

4 Credit Corporation that are under the jurisdiction of

5 a State, county, or area committee established under

6 section 8(b)(5) of the Soil Conservation and Domestic

7 Allotment Act (16 U.S.C. 590h(b)(5)) or an employee

8 of such a committee.

9 (2) FINALITY.—Each decision of a State, county,

10 or area committee (or an employee of such a commit11 tee) covered by paragraph (1) that is made in good

12 faith in the absence of misrepresentation, false state13 ment, fraud, or willful misconduct shall be final not

14 later than 90 days after the date of filing of the appli15 cation for benefits, unless the decision is—

16 (A) appealed under this title; or

17 (B) modified by the Administrator of the

18 Agricultural Service Agency or the Executive

19 Vice President of the Commodity Credit Cor20 poration.

21 (3) RECOVERY OF AMOUNTS.—If the decision of

22 the State, county, or area committee has become final

23 under paragraph (2), no action may be taken by the

24 Agricultural Service Agency, the Commodity Credit

25 Corporation, or a State, county, or area committee to
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1 recover amounts found to have been disbursed as a re2 sult of a decision in error unless the participant had

3 reason to believe that the decision was erroneous.

4 (b) AGRICULTURAL STABILIZATION AND CONSERVA5 TION SERVICE.—Section 426 of the Agricultural Act of 1949

6 (7 U.S.C. 1433e) is repealed.

7 (c) FARMERS HOME ADMINISTRATION.—Section 333B

8 of the Consolidated Farm and Rural Development Act (7

9 U.S.C. 1983b) is repealed.

10 (d) FEDERAL CROP INSURANCE CORPORATION.—The

11 last sentence of section 508(f) of the Federal Crop Insurance

12 Act (7 U.S.C. 1508(f)) is amended by inserting before the

13 period at the end the following: ‘‘or within 1 year after the

14 claimant receives a final determination notice from an ad15 ministrative appeal made in accordance with title VIII of

16 the Department of Agriculture Reorganization Act of 1994,

17 whichever is later’’.

18 SEC. 812. EXPANSION OF ISSUES COVERED BY STATE MEDI19 ATION PROGRAMS.

20 (a) EXPANSION OF MEDIATION PROGRAMS.—Section

21 501 of the Agricultural Credit Act of 1987 (7 U.S.C. 5101)

22 is amended—

23 (1) in subsection (a), by striking ‘‘an agricul24 tural loan mediation program’’ and inserting ‘‘a me25 diation program’’;
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1 (2) in subsection (b), by striking ‘‘agricultural

2 loan’’; and

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

4 following new subsection:

5 ‘‘(c) REQUIREMENTS OF STATE MEDIATION PRO6 GRAMS.—

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

8 qualifying State, the mediation program of the State

9 must provide mediation services for the persons de10 scribed in paragraph (2) who are involved in agricul11 tural loans or agricultural loans and one or more of

12 the following issues under the jurisdiction of the De13 partment of Agriculture:

14 ‘‘(A) Wetlands determinations.

15 ‘‘(B) Compliance with farm programs, in16 cluding conservation programs.

17 ‘‘(C) Agricultural credit.

18 ‘‘(D) Rural water loan programs.

19 ‘‘(E) Grazing on National Forest System

20 lands.

21 ‘‘(F) Pesticides.

22 ‘‘(G) Such other issues as the Secretary con23 siders appropriate.

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

25 persons referred to in paragraph (1) are producers,
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1 their creditors (if applicable), and other persons di2 rectly affected by actions of the Department of Agri3 culture.

4 ‘‘(3) CERTIFICATION CONDITIONS.—The Sec5 retary shall certify a State as a qualifying State with

6 respect to the issues proposed to be covered by the me7 diation program of the State if the mediation pro8 gram—

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

10 decisions are reached, result in mediated, mutu11 ally agreeable decisions between the parties to the

12 mediation;

13 ‘‘(B) is authorized or administered by an

14 agency of the State government or by the Gov15 ernor of the State;

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

17 ‘‘(D) provides that the mediation sessions

18 shall be confidential;

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

20 loans, that all lenders and borrowers of agricul21 tural loans receive adequate notification of the

22 mediation program; and

23 ‘‘(F) ensures, in the case of other issues cov24 ered by the mediation program, that persons di25 rectly affected by actions of the Department of
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1 Agriculture receive adequate notification of the

2 mediation program.’’.

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

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

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

6 appears;

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

8 subsection (a)(1)—

9 (A) by inserting ‘‘or agency’’ after ‘‘pro10 gram’’; and

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

12 insures agricultural loans’’;

13 (3) in subsection (a)(1)(A)—

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

15 program’’; and

16 (B) by inserting ‘‘certified under section

17 501’’ after ‘‘mediation program’’;

18 (4) in subsection (a)(1)(B)—

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

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

21 (B) by inserting ‘‘certified under section

22 501’’ after ‘‘mediation programs’’; and

23 (5) in subsection (a)(1)(C)—

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

25 and inserting ‘‘certified under’’; and
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1 (B) in clause (ii), by inserting ‘‘if applica2 ble,’’ before ‘‘present’’.

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

4 5104) is amended—

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

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

7 ‘‘The’’; and

8 (2) by adding at the end the following new sen9 tence: ‘‘The regulations prescribed by the Secretary

10 shall require qualifying States to adequately train

11 mediators to address all of the issues covered by the

12 mediation program of the State.’’.

13 (d) REPORT.—Section 505 of such Act (7 U.S.C. 5105)

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

15 (e) AUTHORIZATION OF APPROPRIATIONS.—Section

16 506 of such Act (7 U.S.C. 5106) is amended by striking

17 ‘‘1995’’ and inserting ‘‘2000’’.

18 (f) CONFORMING AMENDMENTS.—

19 (1) REFERENCES TO AGRICULTURAL LOANS.—

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

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

22 5102, 5105(1)), by striking ‘‘agricultural loan’’

23 each place it appears; and
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1 (B) in section 505(3) (7 U.S.C. 5105(3)), by

2 striking ‘‘an agricultural loan mediation’’ and

3 inserting ‘‘a mediation’’.

4 (2) WAIVER OF FARM CREDIT SYSTEM MEDI5 ATION RIGHTS BY BORROWERS.—Section 4.14E of the

6 Farm Credit Act of 1971 (12 U.S.C. 2202e) is amend7 ed by striking ‘‘agricultural loan’’.

8 (3) WAIVER OF FMHA MEDIATION RIGHTS BY

9 BORROWERS.—Section 358 of the Consolidated Farm

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

11 amended by striking ‘‘agricultural loan’’.

12 TITLE IX—MISCELLANEOUS

13 PROVISIONS

14 SEC. 901. SUCCESSORSHIP PROVISIONS RELATING TO BAR15 GAINING UNITS AND EXCLUSIVE REPRESENT16 ATIVES.

17 (a) VOLUNTARY AGREEMENT.—

18 (1) IN GENERAL.—If the exercise of the Sec19 retary’s authority under this Act results in changes to

20 an existing bargaining unit that has been certified

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

22 affected parties shall attempt to reach a voluntary

23 agreement on a new bargaining unit and an exclusive

24 representative for such unit.
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1 (2) CRITERIA.—In carrying out the requirements

2 of this subsection, the affected parties shall use cri3 teria set forth in—

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

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

6 to determining an exclusive representative; and

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

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

9 thereof), relating to determining appropriate

10 units.

11 (b) EFFECT OF AN AGREEMENT.—

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

13 agreement on the appropriate unit and the exclusive

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

15 Federal Labor Relations Authority shall certify the

16 terms of such agreement, subject to paragraph (2)(A).

17 Nothing in this subsection shall be considered to re18 quire the holding of any hearing or election as a con19 dition for certification.

20 (2) RESTRICTIONS.—

21 (A) CONDITIONS REQUIRING NONCER22 TIFICATION.—The Federal Labor Relations Au23 thority may not certify the terms of an agree24 ment under paragraph (1) if—
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1 (i) it determines that any of the cri2 teria referred to in subsection (a)(2) (dis3 regarding section 7112(a) of title 5, United

4 States Code) have not been met; or

5 (ii) after the Secretary’s exercise of au6 thority and before certification under this

7 section, a valid election under section

8 7111(b) of title 5, United States Code, is

9 held covering any employees who would be

10 included in the unit proposed for certifi11 cation.

12 (B) TEMPORARY WAIVER OF PROVISION

13 THAT WOULD BAR AN ELECTION AFTER A COL14 LECTIVE BARGAINING AGREEMENT IS

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

16 5, United States Code, shall prevent the holding

17 of an election under section 7111(b) of such title

18 that covers employees within a unit certified

19 under paragraph (1), or giving effect to the re20 sults of such an election (including a decision

21 not to be represented by any labor organization),

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

23 month period beginning on the date such unit is

24 so certified.
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1 (C) CLARIFICATION.—The certification of a

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

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

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

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

6 an election.

7 (3) DELEGATION.—

8 (A) IN GENERAL.—The Federal Labor Rela9 tions Authority may delegate to any regional di10 rector (as referred to in section 7105(e) of title

11 5, United tates Code) its authority under the

12 preceding provisions of this subsection.

13 (B) REVIEW.—Any action taken by a re14 gional director under subparagraph (A) shall be

15 subject to review under the provisions of section

16 7105(f) of title 5, United States Code, in the

17 same manner as if such action had been taken

18 under section 7105(e) of such title, except that in

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

20 shall be required if application therefor is filed

21 by an affected party within the time specified in

22 such provisions.

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

24 term ‘‘affected party’’ means—
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1 (1) with respect to an exercise of authority by

2 the Secretary under this Act, any labor organization

3 affected thereby; and

4 (2) the Department of Agriculture.

5 SEC. 902. OFFICE OF ENVIRONMENTAL RISK ASSESSMENT.

6 (a) OFFICE OF ENVIRONMENTAL RISK ASSESSMENT.—

7 The Secretary shall establish in the Department an Office

8 of Environmental Risk Assessment (in this section referred

9 to as the ‘‘Office’’), which shall be independent of other of10 fices and agencies of the Department, but shall have the au11 thority to advise such offices and agencies regarding the en12 vironmental risks addressed by Department regulations and

13 the implementation and compliance costs associated with

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

15 a Director appointed by the Secretary.

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

17 The Director of the Office shall develop a strategy for per18 forming, to the greatest extent practicable and consistent

19 with the provisions of this section and other provisions of

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

21 in connection with the regulations described in subsection

22 (c) that are performed consistently and employ state-of-the23 art scientific techniques that are practicable with the re24 sources available. The implementation of the strategy shall

25 be subject to the approval of the Secretary.
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1 (c) REVIEW AND CERTIFICATION OF DEPARTMENT

2 REGULATIONS.—In connection with each proposed major

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

4 environment that is issued by the Department after the date

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

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

7 publish in the Federal Register—

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

9 practicable, of—

10 (A) the risk to the health and safety of indi11 viduals that is addressed by the regulation, in12 cluding the effect of the risk on human health or

13 the environment;

14 (B) the costs associated with the implemen15 tation of, and compliance with, the regulation;

16 and

17 (C) a comparative analysis of that risk rel18 ative to other risks to which the public is ex19 posed; and

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

21 the Director that—

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

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

24 based on a scientific evaluation of the risk re-
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1 ferred to in paragraph (1)(A) and are supported

2 by the best available scientific data;

3 (B) the regulation will substantially ad4 vance the purpose of protecting the public health

5 and safety or the environment against the risk

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

7 (C) the regulation will produce benefits to

8 public health and safety or the environment that

9 will justify the costs incurred by local, State,

10 and Federal Government and other public and

11 private entities as a result of the implementation

12 of, and compliance with, the regulation, as esti13 mated in paragraph (1)(B).

14 (d) REPORT TO CONGRESS OF LACK OF CERTIFI15 CATION.—If the Director of the Office cannot make the cer16 tification required under subsection (c)(2) for a regulation,

17 the Director shall submit to Congress a report containing

18 a statement of the reasons why the certification cannot be

19 made. The statement shall be included in the final regula20 tion.

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

22 This section, and any certification made under subsection

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

24 law and shall not be subject to judicial review. This section
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1 shall not be construed to grant a cause of action to any

2 person.

3 SEC. 903. FAIR AND EQUITABLE TREATMENT OF SOCIALLY

4 DISADVANTAGED PRODUCERS.

5 (a) FAIR CROP ACREAGE BASES AND FARM PROGRAM

6 PAYMENT YIELDS.—If the Secretary of Agriculture deter7 mines that crop acreage bases or farm program payment

8 yields established for farms owned or operated by socially

9 disadvantaged producers are not established in accordance

10 with title V of the Agricultural Act of 1949 (7 U.S.C. 1461

11 et seq.), the Secretary shall adjust the bases and yields to

12 conform to the requirements of such title and make available

13 any appropriate commodity program benefits.

14 (b) FAIR APPLICATION OF CONSOLIDATED FARM AND

15 RURAL DEVELOPMENT ACT.—If the Secretary of Agri16 culture determines that application of the Consolidated

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

18 with respect to socially disadvantaged producers is not con19 sistent with the requirements of such Act, the Secretary

20 shall make such changes in the administration of such Act

21 as the Secretary considers necessary to provide for the fair

22 and equitable treatment of socially disadvantaged producers

23 under such Act.

24 (c) REPORT ON TREATMENT OF SOCIALLY DISADVAN25 TAGED PRODUCERS.—
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1 (1) REPORT REQUIRED.—The Comptroller Gen2 eral of the United States shall prepare a report to de3 termine—

4 (A) whether socially disadvantaged produc5 ers are underrepresented on State, county, or

6 local committees established under section 8(b) of

7 the Soil Conservation and Domestic Allotment

8 Act (16 U.S.C. 590h(b)) or local review commit9 tees established under section 363 of the Agricul10 tural Adjustment Act of 1938 (7 U.S.C. 1363)

11 because of racial, ethnic, or gender prejudice;

12 and

13 (B) if such underrepresentation exists,

14 whether it inhibits or interferes with the partici15 pation of socially disadvantaged producers in

16 programs of the Department of Agriculture.

17 (2) SUBMISSION OF REPORT.—Not later than

18 February 1, 1995, the Comptroller General shall sub19 mit the report required by this subsection to the Com20 mittee on Agriculture of the House of Representatives

21 and the Committee on Agriculture, Nutrition, and

22 Forestry of the Senate.

23 (d) DEFINITION.—For purposes of this section, the

24 term ‘‘socially disadvantaged producer’’ means a producer

25 who is a member of a group whose members have been sub-
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1 jected to racial, ethnic, or gender prejudice because of their

2 identity as members of a group without regard to their in3 dividual qualities.

4 SEC. 904. REPEAL OF SUPERSEDED PROVISIONS.

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

6 repealed:

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

8 1953 (5 U.S.C. App; 7 U.S.C. 2201 note).

9 (2) Section 2 of the Act entitled ‘‘An Act to en10 large the powers and duties of the Department of Ag11 riculture and to create an Executive Department to

12 be known as the Department of Agriculture.’’, ap13 proved February 9, 1889 (7 U.S.C. 2212).

14 (3) The first paragraph designated ‘‘OFFICE OF

15 THE SECRETARY:’’ under the heading ‘‘DEPART16 MENT OF AGRICULTURE’’ of the Act entitled ‘‘An

17 Act making appropriations for the Department of Ag18 riculture for the fiscal year ending June thirtieth,

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

20 1906 (34 Stat. 670; 7 U.S.C. 2212).

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

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

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

24 2212b).
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1 (6) Section 8(a) of Public Law 97–325 (7 U.S.C.

2 2212c).

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

4 Research, Extension, and Teaching Policy Act of 1977

5 (7 U.S.C. 3128(d)).

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

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

8 1926(a)(15)(C)).

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

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

11 1(d)(2)).

12 (10) Section 364 of the Consolidated Farm and

13 Rural Development Act (7 U.S.C. 2006f).

14 (b) TERMINATION OF AUTHORITY FOR ASSISTANT SEC15 RETARIES.—Section 5315 of title 5, United States Code, is

16 amended by striking ‘‘Assistant Secretaries of Agriculture

17 (7).’’.

18 (c) TERMINATION OF OTHER EXECUTIVE SCHEDULE

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

20 is amended—

21 (1) by striking ‘‘Administrator, Agricultural

22 Marketing Service, Department of Agriculture.’’;

23 (2) by striking ‘‘Administrator, Agricultural Re24 search Service, Department of Agriculture.’’;
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1 (3) by striking ‘‘Administrator, Agricultural

2 Stabilization and Conservation Service, Department

3 of Agriculture.’’;

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

5 Administration.’’;

6 (5) by striking ‘‘Administrator, Foreign Agricul7 tural Service, Department of Agriculture.’’;

8 (6) by striking ‘‘Administrator, Rural Elec9 trification Administration, Department of Agri10 culture.’’;

11 (7) by striking ‘‘Administrator, Soil Conserva12 tion Service, Department of Agriculture.’’;

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

14 Service, Department of Agriculture.’’;

15 (9) by striking ‘‘Director of Science and Edu16 cation, Department of Agriculture.’’;

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

18 Plant Health Inspection Service, Department of Agri19 culture.’’; and

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

21 Inspection Service, Department of Agriculture.’’.

22 SEC. 905. CONFORMING AMENDMENTS.

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

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

25 is amended—
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1 (1) in section 3 (7 U.S.C. 75)—

2 (A) by inserting ‘‘and’’ at the end of sub3 section (y);

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

5 and

6 (C) by redesignating subsection (bb) as sub7 section (z);

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

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

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

11 Secretary’’;

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

13 79(j)(2) and 79a(l)(2)), by striking ‘‘supervision by

14 Service personnel of its field office personnel’’ both

15 places it appears and inserting ‘‘supervision by the

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

17 (5) in section 12(c) (7 U.S.C. 87a(c)), by strik18 ing ‘‘or Administrator’’;

19 (6) in section 12(d) (7 U.S.C. 87a(d)), by strik20 ing ‘‘or the Administrator’’;

21 (7) except as otherwise provided in this sub22 section, by striking ‘‘Administrator’’ each place it ap23 pears and inserting ‘‘Secretary’’; and
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1 (8) except as otherwise provided in this sub2 section, by striking ‘‘Service’’ each place it appears

3 and inserting ‘‘Secretary’’.

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

5 407 of the Packers and Stockyards Act, 1921 (7 U.S.C.

6 228), is amended—

7 (1) by striking subsection (b);

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

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

10 and

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

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

13 (d)’’.

14 SEC. 906. PROPOSED CONFORMING AMENDMENTS.

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

16 of this Act, the Secretary shall submit to Congress rec17 ommended legislation containing additional technical and

18 conforming amendments to Federal laws that are required

19 as a result of the enactment of this Act.

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

21 PRODUCTS.

22 (a) SENSE OF CONGRESS.—It is the sense of the Con23 gress that, to the greatest extent practicable, all equipment

24 and products purchased using funds made available pursu25 ant to this Act should be American-made.
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1 (b) NOTICE REQUIREMENT.—In providing financial

2 assistance to, or entering into any contract with, any entity

3 using funds made available pursuant to this Act, the Sec4 retary, to the greatest extent practicable, shall provide to

5 such entity a notice describing the statement made in sub6 section (a) by the Congress.

7 SEC. 908. CONDITIONS ON IMPLEMENTATION OF ALTER8 ATION IN LEVEL OF SELENIUM ALLOWED IN

9 ANIMAL DIETS.

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

11 shall not implement or enforce the final rule described in

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

13 used as a supplement in animal diets unless the Commis14 sioner of the Food and Drug Administration makes a deter15 mination that—

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

17 authorized in the absence of such final rule, to main18 tain animal nutrition and protect animal health;

19 (2) selenium at such levels is not safe to the ani20 mals consuming the additive;

21 (3) selenium at such levels is not safe to individ22 uals consuming edible portions of animals that re23 ceive the additive;
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1 (4) selenium at such levels does not achieve its

2 intended effect of promoting normal growth and re3 production of livestock and poultry; and

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

5 levels cannot reasonably be controlled by adherence to

6 current good manufacturing practice requirements.

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

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

9 and Drug Administration and published in the Federal

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

11 which the Administration stayed 1987 amendments to the

12 selenium food additive regulations, and any modification

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

14 Act.

Attest:

Clerk.

103D CONGRESS

2D SESSION S. 1970

AMENDMENT