I
103D CONGRESS
2D SESSION
H. R. 3171
To authorize the Secretary of Agriculture to reorganize the Department
of Agriculture, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 29, 1993
Mr. DE LA GARZA (for himself, Mr. STENHOLM, Mr. PENNY, Mr. VOLKMER,
Mr. ENGLISH of Oklahoma, Mr. GLICKMAN, Mr. JOHNSON of South Da-
kota, Mr. DOOLEY, Mr. THOMPSON of Mississippi, Mrs. CLAYTON, Mr.
SARPALIUS, Mr. HILLIARD, Ms. MCKINNEY, Mr. POMEROY, Mr. MINGE,
Ms. LONG, Mr. HOLDEN, and Mr. FARR of California) (all by request)
introduced the following bill; which was referred to the Committee on Ag-
riculture
APRIL 26, 1994
Additional sponsors: Mr. BROWN of California and Mr. RAVENEL
A BILL
To authorize the Secretary of Agriculture to reorganize the
Department of Agriculture, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be referred to as the ‘‘Department of
Agriculture Reorganization Act of 1993’’.
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SEC. 2. FINDINGS AND PURPOSE.
The Congress finds that, over a period of years, nu-
merous provisions have been enacted which impose con-
straints on, or otherwise limit, the authority of the Sec-
retary of Agriculture (hereinafter ‘‘Secretary’’) to organize
and manage efficiently the programs and activities of the
Department of Agriculture. The purpose of this Act is to
remove such constraints and limitations and to afford the
Secretary full authority more efficiently and effectively to
carry out such programs and activities and to achieve
economies in the organization and management of such
programs.
SEC. 3. TRANSFER OF FUNCTIONS TO THE SECRETARY OF
AGRICULTURE.
(a) Subject to the exceptions specified in subsection
(b) of this section, there are hereby transferred to the Sec-
retary all functions not now vested in the Secretary of all
other officers, and of all agencies, offices, and employees,
of the Department of Agriculture.
(b) This section shall not apply to—
(1) the functions vested by subchapter II, chap-
ter 5, of title 5, United States Code, in administra-
tive law judges employed by the Department of Agri-
culture;
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(2) the functions vested by the Inspector Gen-
eral Act of 1978 (5 U.S.C. App.) in the Inspector
General of the Department;
(3) the functions vested by subtitle I, chapter 9,
of title 31, United States Code, in the Chief Finan-
cial Officer of the Department;
(4) corporations of the Department of Agri-
culture or the boards of directors and officers of
such corporations; or
(5) the Advisory Board of the Commodity Cred-
it Corporation.
(c) The Secretary may from time to time make such
provisions as the Secretary may deem appropriate author-
izing the performance by any officer, or by any agency,
office, or employee, of the Department of Agriculture of
any function of the Secretary, including any function
transferred to the Secretary by this Act.
(d) In carrying out subsection (c) of this section, the
Secretary shall seek to simplify and make efficient the op-
eration of the Department of Agriculture, to improve ac-
cessibility at State and local levels to farm and other pro-
grams of the Department of Agriculture, and, insofar as
possible, to adapt the administration of the programs of
the Department to regional, State, and local conditions.
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(e) The Secretary may from time to time effect such
transfers within the Department of Agriculture of any of
the records, property, and personnel affected by transfers
and delegations of functions undertaken pursuant to this
section and such transfers of unexpended balances (avail-
able or to be made available for use in connection with
any affected function, agency, or office) of appropriations,
allocations, and other funds of such Department, as the
Secretary may deem necessary to carry out the provisions
of this Act; but such unexpended balances so transferred
shall be used only for the purposes for which such funds
were originally made available.
SEC. 4. NATIONAL APPEALS DIVISION.
Notwithstanding the provisions of section 426 of the
Agricultural Act of 1949, as amended (7 U.S.C.
1433e(c)), or section 333B of the Consolidated Farm and
Rural Development Act (7 U.S.C.1983b) the Secretary is
authorized to establish and utilize a National Appeals Di-
vision, and to assign thereto administrative appeals arising
under those or any other statutes conferring authorities
upon the Secretary or the Department of Agriculture: Pro-
vided, however, That the Secretary may by regulation es-
tablish a single set of procedures which apply to appeals
arising under such sections; And provided further, That
the rights afforded program participants under those sec-
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tions shall not be limited or abridged by this section. The
Secretary is authorized to make final decisions in appeals,
including, but not limited to, appeals filed under section
426 of the Agricultural Act of 1949 or section 333B of
the Consolidated Farm and Rural Development Act, or to
delegate authority to make such final decisions to the per-
son charged with direction of the National Appeals Divi-
sion, so long as such division exists, or to any other official
of the Department of Agriculture or any successor agency
as the Secretary determines appropriate.
TITLE I—FARM AND INTERNATIONAL
TRADE SERVICES
SEC. 101. UNDER SECRETARY OF AGRICULTURE FOR FARM
AND INTERNATIONAL TRADE SERVICES.
(a) There is hereby established in the Department of
Agriculture the position of Under Secretary of Agriculture
for Farm and International Trade Services to be ap-
pointed by the President, by and with the advice and con-
sent of the Senate. The Under Secretary of Agriculture
for Farm and International Trade Services shall exercise
such functions and perform such duties related to farm
and international trade services, and shall perform such
other duties, as may be required by law or prescribed by
the Secretary of Agriculture.
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(b) Section 501 of the Agricultural Trade Act of
1978, as amended, 7 U.S.C. 5691 is repealed: Provided,
That any official serving as Under Secretary of Agri-
culture for International Affairs and Commodity Pro-
grams upon the date of enactment of this Act, after ap-
pointment by the President, by and with the advice and
consent of the Senate, shall be considered thereafter to
be serving in the successor position established by sub-
section (a) of this section, and shall not be required to
be reappointed by reason of the enactment of this Act.
(c) Section 5314 of title 5, United States Code, is
amended by deleting ‘‘Under Secretary of Agriculture for
International Affairs and Commodity Programs.’’ and in-
serting in lieu thereof ‘‘Under Secretary of Agriculture for
Farm and International Trade Services.’’.
SEC. 102. FARM SERVICE AGENCY.
(a) The Secretary is authorized to establish and
maintain within the Department of Agriculture the Farm
Service Agency and to assign thereto such functions as
the Secretary may deem appropriate in connection with
administration and implementation of authorities assigned
to the Secretary by law. The Secretary is authorized spe-
cifically to carry out through such agency, or through any
other officer or agency of the Department as the Secretary
may deem appropriate, price and income support and
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other related programs, except for conservation programs
authorized to be assigned to the Natural Resources Con-
servation Service by section 401 of this Act; general super-
vision of the Federal Crop Insurance Corporation; and,
notwithstanding section 331 of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1981) or any other
provision of law, agricultural credit programs formerly as-
signed by law to the Farmers Home Administration in-
cluding, but not limited to, farm ownership, operating,
emergency and disaster loan programs and other lending
programs for farmers and others engaged in the produc-
tion of agricultural crops. The Administrator of the Farm
Service Agency or of any successor agency, or any other
official whom the Secretary may designate, shall also serve
as manager of the Federal Crop Insurance Corporation.
Notwithstanding any other provision of law, including the
civil service laws, the Secretary is authorized to utilize
interchangeably, in the implementation of programs and
activities assigned to the Farm Service Agency or any suc-
cessor agency, both Federal employees and employees of
county and area committees established under section 8(b)
of the Soil Conservation and Domestic Allotment Act (16
U.S.C. 590h(b)); and to provide interchangeably for su-
pervision by any such employees of the performance of
functions assigned to such agency.
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(b) Subsection (a) of section 505 of the Federal Crop
Insurance Act (7 U.S.C.1505(a)) is amended by deleting
‘‘the Under Secretary or Assistant Secretary of Agri-
culture responsible for the farm credit programs of the
Department of Agriculture,’’ and inserting in lieu thereof
‘‘one additional Under or Assistant Secretary of Agri-
culture, as designated by the Secretary,’’.
(c) Subsection (d) of section 507 of the Federal Crop
Insurance Act (7 U.S.C.1507(d)) is amended by replacing
the comma with a period after the words ‘‘section 516 of
this Act’’, and by deleting the remainder of the subsection.
(d) Section 331(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1981(a)) is amended
by deleting therefrom ‘‘to the Farmers Home Administra-
tion’’ and all that follows through the end of the sub-
section and inserting in lieu thereof ‘‘to such officers or
agencies of the Department of Agriculture as the Sec-
retary may deem appropriate.’’.
SEC. 103. STATE, COUNTY AND AREA COMMITTEES.
(a) The fifth undesignated paragraph of section 8(b)
of the Soil Conservation and Domestic Allotment Act (16
U.S.C. 590h(b)) is amended to read:
‘‘In each state the Secretary may appoint a state
committee composed of not fewer than three nor more
than five members who are fairly representative of the
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terests of tenants and sharecroppers; is authorized to use
other approved agencies; shall accord such encouragement
to producer-owned and producer-controlled cooperative as-
sociations as will be in harmony with the policy toward
cooperative associations set forth in existing acts of Con-
gress and as will tend to promote efficient methods of
marketing and distribution; shall not have power to ac-
quire any land or any right or interest therein; shall, in
every practicable manner, protect the interests of small
producers; and shall in every practical way encourage and
provide for soil-conserving and soil-rebuilding practices.
Rules and regulations governing payments or grants under
this subsection shall be as simple and direct as possible,
and, whenever practicable, they shall be classified on two
bases: (a) Soil-depleting practices, (b) soil-building prac-
tices.’’.
(b) Section 332 of the Consolidated Farm and Rural
Development Act, as amended (7 U.S.C. 1982), is re-
pealed.
(c) Section 333 of the Consolidated Farm and Rural
Development Act, as amended (7 U.S.C. 1983), is further
amended by deleting paragraph (2) in its entirety and re-
numbering paragraphs (3), (4), and (5) as paragraphs (2),
(3), and (4), respectively.
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SEC. 104. INTERNATIONAL TRADE SERVICE.
(a) The Secretary is authorized to establish and
maintain within the Department of Agriculture the Inter-
national Trade Service and to assign thereto such func-
tions as the Secretary may deem appropriate in connection
with administration and implementation of authorities as-
signed to the Secretary by law. The Secretary is author-
ized specifically to carry out through such agency, or
through such other officers or agencies of the Department
of Agriculture as the Secretary may deem appropriate pro-
grams and activities including, but not limited to, acquir-
ing of information pertaining to agricultural trade, carry-
ing out market promotion and development activities, pro-
motion of exports of United States agricultural commod-
ities, administration of international food assistance pro-
grams, and programs related to international develop-
ment, technical assistance and training.
(b) Sections 502 and 503 of the Agricultural Trade
Act of 1978 (7 U.S.C. 5692 and 5693) are repealed.
TITLE II—RURAL ECONOMIC AND
COMMUNITY DEVELOPMENT
SEC. 201. UNDER SECRETARY OF AGRICULTURE FOR
RURAL ECONOMIC AND COMMUNITY DEVEL-
OPMENT.
(a) Section 3(a) of the Rural Development Policy Act
of 1980 (7 U.S.C. 2211b) is hereby amended to read:
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‘‘There is hereby established in the Department of
Agriculture the position of Under Secretary of Agriculture
for Rural Economic and Community Development to be
appointed by the President, by and with the advice and
consent of the Senate. The Under Secretary of Agriculture
for Rural Economic and Community Development shall
exercise such functions and perform such duties related
to rural economic and community development, and shall
perform such other duties, as may be required by law or
prescribed by the Secretary of Agriculture.’’.
(b) Any official serving as Under Secretary of Agri-
culture for Small Community and Rural Development
upon the date of enactment of this Act, after appointment
by the President, by and with the advice and consent of
the Senate, shall be considered thereafter to be serving
in the successor position established by subsection (a) of
this section, and shall not be required to be reappointed
by reasons of the enactment of this Act.
(c) Section 5314 of title 5, United States Code is
amended by deleting ‘‘Under Secretary of Agriculture for
Small Community and Rural Development.’’ and inserting
in lieu thereof ‘‘Under Secretary of Agriculture for Rural
Economic and Community Development.’’
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SEC. 202. RURAL UTILITIES SERVICE.
(a) Notwithstanding any other provision of law, in-
cluding but not limited to section 364 of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2006f), the
Secretary is authorized to establish and maintain within
the Department of Agriculture the Rural Utilities Service,
and to assign thereto such functions as the Secretary may
deem appropriate in connection with administration of au-
thorities assigned to the Secretary by law. The Secretary
is authorized specifically to carry out through such agency,
or through any other officer or agency of the Department
as the Secretary may deem appropriate, electric and tele-
phone loan programs and water and waste facility activi-
ties authorized under statutes including, but not limited
to, the Rural Electrification Act of 1936 (7 U.S.C. 901
et seq.), and section 2322 of the Food, Agriculture, Con-
servation, and Trade Act of 1990 (7 U.S.C. 1926–1); and
those water and waste facility programs and activities au-
thorized under statutes including, but not limited to, sec-
tions 306, 306A, 306B, 306C, 309 and 309A (regarding
assets and programs related to water and sewer pro-
grams), 310B(b)(2), and 342 of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926, 1926a,
1926b, 1926c, 1929, 1929a, 1932(b)(2) and 1013a), and
section 2324 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 1926 note).
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(b) The Rural Electrification Act of 1936 is amend-
ed—
(1) in section 1 (7 U.S.C. 901), by deleting the
first sentence;
(2) in section 2 (7 U.S.C. 902), by deleting
‘‘Administrator’’ and inserting in lieu thereof ‘‘Sec-
retary of Agriculture’’;
(3) in subsection (a) of section 3 (7 U.S.C.
903(a)), by deleting ‘‘Administrator, upon the re-
quest and approval of the Secretary of Agriculture,’’
and inserting in lieu thereof ‘‘Secretary’’;
(4) in subsection (a) of section 3 (7 U.S.C.
903(a)), by deleting ‘‘Administrator appointed pur-
suant to the provisions of this Act or from the Ad-
ministrator of the Rural Electrification Administra-
tion established by Executive Order Numbered
7037’’ and inserting in lieu thereof ‘‘Secretary’’;
(5) in section 8 (7 U.S.C. 908), by deleting
‘‘Administrator authorized to be appointed by this
Act’’ and inserting in lieu thereof ‘‘Secretary’’; and
by deleting ‘‘Rural Electrification Administration
created by this Act’’ and inserting in lieu thereof
‘‘Secretary’’;
(6) by deleting section 11A (7 U.S.C. 911a);
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(7) in section 13 (7 U.S.C. 913), by inserting
immediately before the period at the end thereof ‘‘;
the term ‘Secretary’ shall be deemed to mean the
Secretary of Agriculture’’;
(8) in section 15 (7 U.S.C. 915), by deleting
‘‘Rural Electrification Administration’’ and inserting
in lieu thereof ‘‘Secretary’’;
(9) in sections 206(b)(2), 306A(b), 311, and
405(b)(1)(A) (7 U.S.C. 927(b)(2), 936a(b), and
945(b)(1)(A)), by deleting ‘‘Rural Electrification Ad-
ministration’’ and inserting in lieu thereof ‘‘Sec-
retary’’;
(10) in section 403(b) (7 U.S.C. 943(b)), by de-
leting ‘‘Rural Electrification Administration or of
any other agency of the Department of Agriculture,’’
and inserting in lieu thereof ‘‘Secretary,’’;
(11) in section 404 (7 U.S.C. 944), by deleting
‘‘the Administrator of the Rural Electrification Ad-
ministration’’ and inserting in lieu thereof ‘‘the Sec-
retary of Agriculture shall designate an official of
the Department of Agriculture who’’;
(12) in sections 406(c) and 410 (7 U.S.C.
946(c) and 950), by deleting ‘‘Administrator of the
Rural Electrification Administration’’ and inserting
in lieu thereof ‘‘Secretary’’; and
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(13) except as otherwise provided in this sub-
section, by deleting the term ‘‘Administrator’’ wher-
ever it appears and inserting in lieu thereof ‘‘Sec-
retary’’.
(c) Section 236(a) of the Disaster Relief Act, 1970,
7 U.S.C. 912a, is amended by deleting ‘‘Rural Electrifica-
tion Administration’’ and inserting in lieu thereof ‘‘Sec-
retary pursuant to the Rural Electrification Act of 1936’’.
(d) Section 401 of the Rural Electrification Act of
1938 (7 U.S.C. 903 note, 52 Stat. 818), is amended in
the second paragraph by deleting ‘‘Administrator of the
Rural Electrification Administration’’ and inserting in lieu
thereof ‘‘Secretary of Agriculture’’.
(e) Title XXIII, subtitle D, chapter 1 (Distance
Learning and Medical Link Programs), of Public Law
101–624 (7 U.S.C. 950aaa et seq.) is amended by deleting
paragraph (1) of section 2333, and by deleting ‘‘Adminis-
trator’’ wherever it appears and insert in in lieu thereof
‘‘Secretary’’.
SEC. 203. RURAL COMMUNITY DEVELOPMENT SERVICE.
Notwithstanding any other provision of law, including
but not limited to section 364 of the Consolidated Farm
and Rural Development Act, as amended (7 U.S.C.
2006f), the Secretary is authorized to establish and main-
tain within the Department of Agriculture the Rural Com-
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munity Development Service, and to assign thereto such
functions as the Secretary may deem appropriate in con-
nection with administration of authorities assigned to the
Secretary by law. The Secretary is authorized specifically
to carry out through such agency, or through any other
officer or agency of the Department as the Secretary may
deem appropriate, programs and activities under title V
of the Housing Act of 1949, as amended (42 U.S.C. 1471,
et seq.); programs and activities authorized by statutes in-
cluding, but not limited to, section 310B(i) of the Consoli-
dated Farm and Rural Development Act, as amended (7
U.S.C. 1932(i)); and those programs and activities which
relate to rural community lending programs including, but
not limited to, those authorized by sections 365 through
369 of the Consolidated Farm and Rural Development
Act, as amended (7 U.S.C. 2008–2008d).
SEC. 204 RURAL BUSINESS AND COOPERATIVE DEVELOP-
MENT SERVICE.
Notwithstanding any other provision of law, including
but not limited to section 364 of the Consolidated Farm
and Rural Development Act, as amended (7 U.S.C.
2006f), the Secretary is authorized to establish and main-
tain within the Department of Agriculture the Rural Busi-
ness and Cooperative Development Service, and to assign
thereto such functions as the Secretary may deem appro-
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priate in connection with administration of authorities as-
signed to the Secretary by law. The Secretary is author-
ized specifically to carry out through such agency, or
through any other officer or agency of the Department
as the Secretary may deem appropriate, programs and ac-
tivities relating to rural business development authorized
by statutes including, but not limited to, sections 12 and
312 and title V of the Rural Electrification Act of 1936,
as amended (7 U.S.C. 912, 940b, and 950aa et seq.); title
XVI, subtitle G, of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5901–5908); sections
306(a)(1) and 310B of the Consolidated Farm and Rural
Development Act, as amended (7 U.S.C. 1926(a)(1) and
1932); section 1323 of the Food Security Act of 1985 (98
Stat. 1534); and the Cooperative Marketing Act of 1926
(7 U.S.C. 451–457).
TITLE III—FOOD, NUTRITION AND
CONSUMER SERVICES
SEC. 301. UNDER SECRETARY OF AGRICULTURE FOR FOOD,
NUTRITION, AND CONSUMER SERVICES
(a) There is hereby established in the Department of
Agriculture the position of Under Secretary of Agriculture
for Food, Nutrition, and Consumer Services to be ap-
pointed by the President, by and with the advice and con-
sent of the Senate. The Under Secretary of Agriculture
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for Food, Nutrition, and Consumer Services shall exercise
such functions and perform such duties related to food,
nutrition, and consumer services, and shall perform such
other duties, as may be required by law or prescribed by
the Secretary of Agriculture.
(b) Any official serving as Assistant Secretary of Ag-
riculture for Food and Consumer Services upon the date
of enactment of this Act, after appointment by the Presi-
dent, by and with the advice and consent of the Senate,
shall be considered thereafter to be serving in the succes-
sor position established by subsection (a) of this section,
and shall not be required to be reappointed by reason of
the enactment of this Act.
(c) Section 5314 of title 5, United States Code, is
amended by inserting at the end thereof ‘‘Under Secretary
of Agriculture for Food, Nutrition, and Consumer Serv-
ices.’’.
SEC. 302. FOOD AND CONSUMER SERVICE.
The Secretary is authorized to establish and maintain
with the Department of Agriculture the Food and
Consumer Service, and to assign thereto such functions
as the Secretary may deem appropriate in connection with
administration of authorities assigned to the Secretary by
law. The Secretary is authorized specifically to carry out
through such agency, or through any other officer or agen-
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cy of the Department as the Secretary may deem appro-
priate, programs and activities authorized under statutes
including, but not limited to, the Food Stamp Act of 1977,
as amended (7 U.S.C. 2011 et seq.); the National School
Lunch Act (42 U.S.C. 1751 et seq.); and the Child Nutri-
tion Act of 1966 (42 U.S.C. 1771 et seq.).
SEC. 303. NUTRITION RESEARCH AND EDUCATION SERV-
ICE.
The Secretary is authorized to establish and maintain
within the Department of Agriculture the Nutrition Re-
search and Education Service, and to assign thereto such
functions as the Secretary may deem appropriate in con-
nection with administration of authorities assigned to the
Secretary by law. The Secretary is authorized specifically
to carry out through such agency, or through any other
officer or agency of the Department as the Secretary may
deem appropriate, programs, and activities relating to
human nutrition research and education.
TITLE IV—NATURAL RESOURCES AND
ENVIRONMENT
SEC. 401. NATURAL RESOURCES CONSERVATION SERVICE.
(a) The Secretary is authorized to establish and
maintain within the Department of Agriculture the Natu-
ral Resources Conservation Service, and to assign thereto
such functions as the Secretary may deem appropriate in
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connection with administration of authorities assigned to
the Secretary by law. The Secretary is authorized specifi-
cally to carry out through such agency, or through any
other officer or agency of the Department as the Secretary
may deem appropriate, programs and activities authorized
under statutes including, but not limited to, title X of the
Agricultural Act of 1970 (16 U.S.C. 1501 et seq.); the
Soil Conservation and Domestic Allotment Act (16 U.S.C.
590a et seq.); the Water Bank Act (16 U.S.C. 1301 et
seq.); section 4 of the Cooperative Forestry Act of 1978
(16 U.S.C. 2103); title XII of the Food Security Act of
1985 (16 U.S.C. 3801 et seq.); title IV of the Agricultural
Credit Act of 1978 (16 U.S.C. 2201–2205); and section
202(c) of the Colorado River Basin Salinity Control Act
(43 U.S.C. 1592(c)).
(b) Section 5 of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590e) is repealed.
(c) The Soil and Water Resources Conservation Act
of 1977 is amended—
(1) in section 2 (16 U.S.C. 2001), by deleting
‘‘the Soil Conservation Service of’’;
(2) in paragraph (2) of section 3 (16 U.S.C.
2002(2)), by deleting ‘‘through the Soil Conservation
Service’’; and