(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
MEDI-
ATION RIGHTS BY BORROWERS.—Section 4.14E of the
Farm Credit Act of 1971 (12 U.S.C. 2202e) is amend-
ed 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’’.
SEC. 802. SUCCESSORSHIP PROVISIONS RELATING TO BAR-
GAINING UNITS AND EXCLUSIVE REPRESENT-
ATIVES.
(a) VOLUNTARY AGREEMENT.—
(1) IN
GENERAL.—If the exercise of the Sec-
retary’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 cri-
teria 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 re-
quire the holding of any hearing or election as a con-
dition for certification.
(2) RESTRICTIONS.—
(A) 
CONDITIONS
REQUIRING
NONCER-
TIFICATION.—The Federal Labor Relations Au-
thority may not certify the terms of an agree-
ment under paragraph (1) if—
(i) it determines that any of the cri-
teria referred to in subsection (a)(2) (dis-
regarding section 7112(a) of title 5, United
States Code) have not been met; or
(ii) after the Secretary’s exercise of au-
thority 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 certifi-
cation.
(B) TEMPORARY
WAIVER
OF
PROVISION
THAT WOULD BAR AN ELECTION AFTER A COL-
LECTIVE
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 re-
sults 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 Rela-
tions Authority may delegate to any regional di-
rector (as referred to in section 7105(e) of title
5, United States Code) its authority under the
preceding provisions of this subsection.
(B) REVIEW.—Any action taken by a re-
gional 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. 803. CONDITIONS ON IMPLEMENTATION OF ALTER-
ATION 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 Commis-
sioner of the Food and Drug Administration makes a deter-
mination that—
(1) selenium additives are not essential, at levels
authorized in the absence of such final rule, to main-
tain animal nutrition and protect animal health;
(2) selenium at such levels is not safe to the ani-
mals consuming the additive;
(3) selenium at such levels is not safe to individ-
uals consuming edible portions of animals that re-
ceive the additive;
(4) selenium at such levels does not achieve its
intended effect of promoting normal growth and re-
production 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.
SEC. 804. 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 of-
fices and agencies of the Department, but shall have the au-
thority to advise such offices and agencies regarding the en-
vironmental risks addressed by Department regulations and
cluding the effect of the risk on human health or
the environment;
(B) the costs associated with the implemen-
tation of, and compliance with, the regulation;
and
(C) a comparative analysis of that risk rel-
ative to other risks to which the public is ex-
posed; 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 re-
ferred to in paragraph (1)(A) and are supported
by the best available scientific data;
(B) the regulation will substantially ad-
vance 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 esti-
mated in paragraph (1)(B).
(d) REPORT TO CONGRESS OF LACK OF CERTIFI-
CATION.—If the Director of the Office cannot make the cer-
tification 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 regula-
tion.
(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. 805. 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 en-
large the powers and duties of the Department of Ag-
riculture and to create an Executive Department to
be known as the Department of Agriculture.’’, ap-
proved February 9, 1889 (7 U.S.C. 2212).
(3) The first paragraph designated ‘‘OFFICE OF
THE SECRETARY:’’ under the heading ‘‘DEPART-
MENT OF AGRICULTURE’’ of the Act entitled ‘‘An
Act making appropriations for the Department of Ag-
riculture 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 SEC-
RETARIES.—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 Re-
search 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 Agricul-
tural Service, Department of Agriculture.’’;
(6) by striking ‘‘Administrator, Rural Elec-
trification Administration, Department of Agri-
culture.’’;
(7) by striking ‘‘Administrator, Soil Conserva-
tion Service, Department of Agriculture.’’;
(8) by striking ‘‘Chief Forester of the Forest
Service, Department of Agriculture.’’;
(9) by striking ‘‘Director of Science and Edu-
cation, Department of Agriculture.’’;
(10) by striking ‘‘Administrator, Animal and
Plant Health Inspection Service, Department of Agri-
culture.’’; and
(11) by striking ‘‘Administrator, Federal Grain
Inspection Service, Department of Agriculture.’’.
SEC. 806. 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 sub-
section (y);
(B) by striking subsections (z) and (aa);
and
(C) by redesignating subsection (bb) as sub-
section (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 strik-
ing ‘‘or Administrator’’;
(6) in section 12(d) (7 U.S.C. 87a(d)), by strik-
ing ‘‘or the Administrator’’;
(7) except as otherwise provided in this sub-
section, by striking ‘‘Administrator’’ each place it ap-
pears and inserting ‘‘Secretary’’; and
(8) except as otherwise provided in this sub-
section, 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. 807. PROPOSED CONFORMING AMENDMENTS.
Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress rec-
ommended legislation containing additional technical and
conforming amendments to Federal laws that are required
as a result of the enactment of this Act.
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