H. R. 4217—41
‘‘(G) DISCRETIONARY AUTHORITIES OF SECRETARY.—In carry-
ing out this section, the Secretary may use other approved
agencies.
‘‘(H) LIMITATIONS.—In carrying out this section, the Sec-
retary shall not have the authority to acquire any land or
any right or interest in land.’’.
(b) ELIMINATION OF FMHA COUNTY COMMITTEES.—The Consoli-
dated Farm and Rural Development Act (7 U.S.C. 1921 et seq.)
is amended—
(1) by striking section 332 (7 U.S.C. 1982); and
(2) in section 333 (7 U.S.C. 1983)—
(A) by striking paragraph (2); and
(B) redesignating paragraphs (3), (4), and (5) as para-
graphs (2), (3), and (4), respectively.
Subtitle C—Rural Economic and
Community Development
SEC. 231. UNDER SECRETARY OF AGRICULTURE FOR RURAL ECO-
NOMIC AND COMMUNITY DEVELOPMENT.
(a) AUTHORIZATION.—The Secretary is authorized to establish
in the Department the position of Under Secretary of Agriculture
for Rural Economic and Community Development.
(b) CONFIRMATION REQUIRED.—If the Secretary establishes the
position of Under Secretary of Agriculture for Rural Economic and
Community Development authorized under subsection (a), the
Under Secretary shall be appointed by the President, by and with
the advice and consent of the Senate.
(c) FUNCTIONS OF UNDER SECRETARY.—
(1) PRINCIPAL FUNCTIONS.—Upon establishment, the Sec-
retary shall delegate to the Under Secretary of Agriculture
for Rural Economic and Community Development those func-
tions under the jurisdiction of the Department that are related
to rural economic and community development.
(2) ADDITIONAL FUNCTIONS.—The Under Secretary of Agri-
culture for Rural Economic and Community Development shall
perform such other functions as may be required by law or
prescribed by the Secretary.
(d) SUCCESSION.—Any official who is serving as Under Secretary
of Agriculture for Small Community and Rural Development on
the date of the enactment of this Act and who was appointed
by the President, by and with the advice and consent of the Senate,
shall not be required to be reappointed under subsection (b) to
the successor position authorized under subsection (a) if the Sec-
retary establishes the position, and the official occupies the new
position, within 180 days after the date of the enactment of this
Act (or such later date set by the Secretary if litigation delays
rapid succession).
(e) LOAN APPROVAL AUTHORITY.—Approval authority for loans
and loan guarantees in connection with the electric and telephone
loan and loan guarantee programs authorized by the Rural Elec-
trification Act of 1936 (7 U.S.C. 901 et seq.) shall not be transferred
to, or conditioned on review of, a State director or other employee
whose primary duty is not the review and approval of such loans
or the provision of assistance to such borrowers.
(f) CONFORMING AMENDMENTS.—
H. R. 4217—42
(1) EXISTING POSITION.—Section 3 of the Rural Develop-
ment Policy Act of 1980 (7 U.S.C. 2211b) is amended by striking
subsection (a).
(2) EXECUTIVE SCHEDULE.—Section 5314 of title 5, United
States Code, is amended by striking ‘‘Under Secretary of Agri-
culture for Small Community and Rural Development.’’ and
inserting ‘‘Under Secretary of Agriculture for Rural Economic
and Community Development.’’.
(3) REPEAL OF RURAL DEVELOPMENT ADMINISTRATION.—Sec-
tion 364 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2006f) is repealed.
SEC. 232. RURAL UTILITIES SERVICE.
(a) ESTABLISHMENT REQUIRED.—The Secretary shall establish
and maintain within the Department the Rural Utilities Service
and assign to the Service such functions as the Secretary considers
appropriate.
(b) ADMINISTRATOR.—
(1) APPOINTMENT.—The Rural Utilities Service shall be
headed by an Administrator who shall be appointed by the
President, by and with the advice and consent of the Senate.
(2) SUCCESSION.—Any official who is serving as Adminis-
trator of the Rural Electrification Administration on the date
of the enactment of this Act and who was appointed by the
President, by and with the advice and consent of the Senate—
(A) may be considered to be serving in the successor
position established under paragraph (1); and
(B) shall not be required to be reappointed to that
position by reason of the enactment of this Act.
(3) EXECUTIVE SCHEDULE.—Section 5315 of title 5, United
States Code, is amended by adding at the end the following:
‘‘Administrator, Rural Utilities Service, Department of
Agriculture.’’.
(c) FUNCTIONS.—The Secretary shall carry out through the
Rural Utilities Service the following functions that are under the
jurisdiction of the Department:
(1) Electric and telephone loan programs and water and
waste facility activities authorized by law, including—
(A) the Rural Electrification Act of 1936 (7 U.S.C.
901 et seq.); and
(B) section 2322 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 1926–1); and
(2) Water and waste facility programs and activities author-
ized by law, including—
(A) sections 306, 306A, 306B, and 306C, the provisions
of sections 309 and 309A relating to assets, terms, and
conditions of water and sewer programs, section 310B(b)(2),
and the amendment made by section 342 of the Consoli-
dated Farm and Rural Development Act (7 U.S.C. 1926,
1926a, 1926b, 1926c, 1929, 1929a, 1932(b)(2), and 1013a);
and
(B) section 2324 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 1926 note).
SEC. 233. RURAL 
HOUSING 
AND 
COMMUNITY 
DEVELOPMENT
SERVICE.
(a) ESTABLISHMENT AUTHORIZED.—Notwithstanding any other
provision of law, the Secretary is authorized to establish and main-
H. R. 4217—43
tain within the Department the Rural Housing and Community
Development Service and to assign to the Service such functions
as the Secretary considers appropriate.
(b) FUNCTIONS.—If the Secretary establishes the Rural Housing
and Community Development Service under subsection (a), the
Secretary is authorized to assign to the Service jurisdiction over
the following:
(1) Programs and activities under title V of the Housing
Act of 1949 (42 U.S.C. 1471 et seq.).
(2) Programs and activities authorized under section
310B(i) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1932(i)) and related provisions of law.
(3) Programs and activities that relate to rural community
lending programs, including programs authorized by sections
365 through 369 of the Consolidated Farm and Rural Develop-
ment Act (7 U.S.C. 2008–2008d).
SEC. 234. RURAL 
BUSINESS 
AND 
COOPERATIVE 
DEVELOPMENT
SERVICE.
(a) ESTABLISHMENT AUTHORIZED.—Notwithstanding any other
provision of law, the Secretary is authorized to establish and main-
tain within the Department the Rural Business and Cooperative
Development Service and to assign to the Service such functions
as the Secretary considers appropriate.
(b) FUNCTIONS.—If the Secretary establishes the Rural Business
and Cooperative Development Service under subsection (a), the
Secretary is authorized to assign to the Service jurisdiction over
the following:
(1) Section 313 and title V of the Rural Electrification
Act of 1936 (7 U.S.C. 940c and 950aa et seq.).
(2) Subtitle G of title XVI of the Food, Agriculture, Con-
servation, and Trade Act of 1990 (7 U.S.C. 5901 et seq.).
(3) Sections 306(a)(1) and 310B of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926(a)(1) and 1932).
(4) Section 1323 of the Food Security Act of 1985 (Public
Law 99–198; 7 U.S.C. 1932 note).
(5) The Act of July 2, 1926 (44 Stat. 802, chapter 725;
7 U.S.C. 451 et seq.).
SEC. 235. CONFORMING AMENDMENTS REGARDING RURAL ELEC-
TRIFICATION ADMINISTRATION.
(a) AMENDMENTS TO RURAL ELECTRIFICATION ACT OF 1936.—
The Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) is
amended—
(1) by striking the first section (7 U.S.C. 901) and inserting
the following:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Rural Electrification Act of
1936’.’’;
(2) in section 2(a) (7 U.S.C. 902(a)), by striking ‘‘Adminis-
trator’’ and inserting ‘‘Secretary of Agriculture’’;
(3) in section 3(a) (7 U.S.C. 903(a))—
(A) by striking ‘‘Administrator, upon the request and
approval of the Secretary of Agriculture,’’ and inserting
‘‘Secretary’’; and
(B) by striking ‘‘Administrator appointed pursuant to
the provisions of this Act or from the Administrator of
H. R. 4217—44
the Rural Electrification Administration established by
Executive Order Numbered 7037’’ and inserting ‘‘Sec-
retary’’;
(4) in section 8 (7 U.S.C. 908)—
(A) by striking ‘‘Administrator authorized to be
appointed by this Act’’ and inserting ‘‘Secretary’’; and
(B) by striking ‘‘Rural Electrification Administration
created by this Act’’ and inserting ‘‘Secretary’’;
(5) by striking section 11A (7 U.S.C. 911a);
(6) in section 13 (7 U.S.C. 913), by inserting before the
period at the end the following: ‘‘; and the term ‘Secretary’
shall be deemed to mean the Secretary of Agriculture’’;
(7) in sections 206(b)(2), 306A(b), 311, and 405(b)(1)(A)
(7 U.S.C. 927(b)(2), 936a(b), 940a, and 945(b)(1)(A)), by striking
‘‘Rural Electrification Administration’’ each place it appears
and inserting ‘‘Secretary’’;
(8) in sections 305(c)(2)(C)(ii)(II) and 306E(d) (7 U.S.C.
935(c)(2)(C)(ii)(II) and 936e(d)), by striking ‘‘ADMINISTRATOR’’
and inserting ‘‘SECRETARY’’;
(9) in section 403(b) (7 U.S.C. 943(b)), by striking ‘‘Rural
Electrification Administration or of any other agency of the
Department of Agriculture,’’ and inserting ‘‘Secretary,’’;
(10) in section 404 (7 U.S.C. 944), by striking ‘‘the Adminis-
trator of the Rural Electrification Administration’’ and inserting
‘‘the Secretary shall designate an official of the Department
of Agriculture who’’;
(11) in sections 406(c) and 410 (7 U.S.C. 946(c) and 950),
by striking ‘‘Administrator of the Rural Electrification Adminis-
tration’’ each place it appears and inserting ‘‘Secretary’’;
(12) in the heading of section 501 (7 U.S.C. 950aa), by
striking ‘‘OF REA ADMINISTRATOR’’; and
(13) except as otherwise provided in this subsection, by
striking ‘‘Administrator’’ each place it appears in such Act
and inserting ‘‘Secretary’’.
(b) MISCELLANEOUS AMENDMENTS.—(1) Section 236(a) of the
Disaster Relief Act of 1970 (7 U.S.C. 912a) is amended by striking
‘‘Rural Electrification Administration’’ and inserting ‘‘Secretary
under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.)’’.
(2) Section 505 of the Department of Agriculture Organic Act
of 1944 (7 U.S.C. 915) is amended—
(A) by striking ‘‘Rural Electrification Administration’’ and
inserting ‘‘Secretary of Agriculture’’; and
(B) by striking ‘‘its’’ and inserting ‘‘the Secretary’s’’.
(3) Section 401 of the Rural Electrification Act of 1938 (7
U.S.C. 903 note) is amended in the second paragraph by striking
‘‘Administrator of the Rural Electrification Administration’’ and
inserting ‘‘Secretary of Agriculture’’.
(4) Chapter 1 of subtitle D of title XXIII of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa
et seq.), relating to Distance Learning and Medical Link Programs,
is amended—
(A) in section 2333—
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs (2) through (11) as
paragraphs (1) through (10), respectively;
(B) in section 2334(h)(2), by striking ‘‘section 2333(3)(F)’’
and inserting ‘‘section 2333(2)(F)’’; and
H. R. 4217—45
(C) by striking ‘‘Administrator’’ each place it appears and
inserting ‘‘Secretary’’.
(5) Section 306(a)(15) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(15)) is amended—
(A) by striking subparagraph (C); and
(B) by redesignating subparagraph (D) as subparagraph
(C).
(6) Section 2322(d) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 1926–1(d)) is amended—
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
Subtitle D—Food, Nutrition, and Consumer
Services
SEC. 241. UNDER SECRETARY OF AGRICULTURE FOR FOOD, NUTRI-
TION, AND CONSUMER SERVICES.
(a) AUTHORIZATION.—The Secretary is authorized to establish
in the Department the position of Under Secretary of Agriculture
for Food, Nutrition, and Consumer Services.
(b) CONFIRMATION REQUIRED.—If the Secretary establishes the
position of Under Secretary of Agriculture for Food, Nutrition, and
Consumer Services authorized under subsection (a), the Under Sec-
retary shall be appointed by the President, by and with the advice
and consent of the Senate.
(c) FUNCTIONS OF UNDER SECRETARY.—
(1) PRINCIPAL FUNCTIONS.—Upon establishment, the Sec-
retary shall delegate to the Under Secretary of Agriculture
for Food, Nutrition, and Consumer Services those functions
under the jurisdiction of the Department that are related to
food, nutrition, and consumer services (except as provided in
section 261(b)(1)).
(2) ADDITIONAL FUNCTIONS.—The Under Secretary of Agri-
culture for Food, Nutrition, and Consumer Services shall per-
form such other functions as may be required by law or
prescribed by the Secretary.
(d) SUCCESSION.—Any official who is serving as Assistant Sec-
retary of Agriculture for Food and Consumer Services on the date
of the enactment of this Act and who was appointed by the Presi-
dent, by and with the advice and consent of the Senate, shall
not be required to be reappointed under subsection (b) to the succes-
sor position authorized under subsection (a) if the Secretary estab-
lishes the position, and the official occupies the new position, within
180 days after the date of the enactment of this Act (or such
later date set by the Secretary if litigation delays rapid succession).
(e) EXECUTIVE SCHEDULE.—Section 5314 of title 5, United
States Code, is amended by inserting after the item relating to
the Under Secretary of Agriculture for Farm and Foreign Agricul-
tural Services (as added by section 225(e)(2)) the following:
‘‘Under Secretary of Agriculture for Food, Nutrition, and
Consumer Services.’’.
H. R. 4217—47
(4) The forestry incentive program under section 4 of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103).
(5) Title XII of the Food Security Act of 1985 (16 U.S.C.
3801 et seq.), except subchapter B of chapter 1 of subtitle
D of such title.
(6) Salinity control program under section 202(c) of the
Colorado River Basin Salinity Control Act (43 U.S.C. 1592(c)).
(7) The Farms for the Future Act of 1990 (7 U.S.C. 4201
note).
(8) Such other functions as the Secretary considers appro-
priate, except functions under subchapter B of chapter 1 of
subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3831–3836) and the agricultural conservation program
under the Soil Conservation and Domestic Allotment Act (16
U.S.C. 590g et seq.).
(c) SPECIAL CONCURRENCE REQUIREMENTS FOR CERTAIN FUNC-
TIONS.—In carrying out the programs specified in paragraphs (2),
(3), (4), and (6) of subsection (b) and the program under subchapter
C of chapter 1 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3837–3837f), the Secretary shall—
(1) acting on the recommendations of the Natural Resources
Conservation Service, with the concurrence of the Consolidated
Farm Service Agency, issue regulations to carry out such pro-
grams;
(2) ensure that the Natural Resources Conservation Serv-
ice, in establishing policies, priorities, and guidelines for each
such program, does so with the concurrence of the Consolidated
Farm Service Agency at national, State, and local levels;
(3) ensure that, in reaching such concurrence at the local
level, the Natural Resources Conservation Service works in
cooperation with Soil and Water Conservation Districts or simi-
lar organizations established under State law;
(4) ensure that officials of county and area committees
established under section 8(b)(5) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590h(b)(5)) meet annually
with officials of such Districts or similar organizations to con-
sider local conservation priorities and guidelines; and
(5) take steps to ensure that the concurrence process does
not interfere with the effective delivery of such programs.
(d) USE OF FEDERAL AND NON-FEDERAL EMPLOYEES.—
(1) USE AUTHORIZED.—In the implementation of functions
assigned to the Natural Resources Conservation Service, the
Secretary may use interchangeably in local offices of the Service
both Federal employees of the Department and non-Federal
employees of county and area committees established under
section 8(b)(5) of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590h(b)(5)).
(2) EXCEPTION.—Notwithstanding paragraph (1), no person-
nel action (as defined in section 2302(a)(2)(A) of title 5, United
States Code) may be taken with respect to a Federal employee
unless such action is taken by another Federal employee.
(e) SAVINGS PROVISION.—For purposes of subsections (c) and
(d) of this section:
(1) A reference to the ‘‘Natural Resources Conservation
Service’’ includes any other office, agency, or administrative
unit of the Department assigned the functions authorized for
the Natural Resources Conservation Service under this section.
H. R. 4217—48
(2) A reference to the ‘‘Consolidated Farm Service Agency’’
includes any other office, agency, or administrative unit of
the Department assigned the functions authorized for the
Consolidated Farm Service Agency under section 226.
(f) CONFORMING AMENDMENTS.—
(1) SOIL CONSERVATION SERVICE.—Section 5 of the Soil Con-
servation and Domestic Allotment Act (16 U.S.C. 590e) is
repealed.
(2) SOIL AND WATER RESOURCES CONSERVATION.—The Soil
and Water Resources Conservation Act of 1977 (16 U.S.C. 2001)
is amended—
(A) in section 2(2) (16 U.S.C. 2001(2))—
(i) by striking ‘‘created the Soil Conservation Serv-
ice’’; and
(ii) by striking ‘‘Department of Agriculture which’’
and inserting ‘‘, has ensured that the Department of
Agriculture’’;
(B) in section 3(2) (16 U.S.C. 2002(2)), by striking
‘‘through the Soil Conservation Service’’; and
(C) in section 6(a) (16 U.S.C. 2005(a)), by striking
‘‘Soil Conservation Service’’ and inserting ‘‘Secretary’’.
(3) STATE TECHNICAL COMMITTEES.—Section 1262 of the
Food Security Act of 1985 (16 U.S.C. 3862) is amended by
adding at the end the following new subsection:
‘‘(e) FACA REQUIREMENTS.—The committees established under
section 1261 shall be exempt from the Federal Advisory Committee
Act (5 U.S.C. App.).’’.
SEC. 247. REORGANIZATION OF FOREST SERVICE.
(a) REQUIRED ELEMENTS
OF REORGANIZATION PROPOSALS.—
Reorganization proposals that are developed by the Secretary to
carry out the designation by the President of the Forest Service
as a Reinvention Lab pursuant to the National Performance Review,
dated September 1993, shall include proposals for—
(1) reorganizing the Service in a manner that is consistent
with the principles of interdisciplinary planning;
(2) redefining and consolidating the mission and roles of,
and research conducted by, employees of the Service in connec-
tion with the National Forest System and State and private
forestry to facilitate interdisciplinary planning and to eliminate
functionalism;
(3) reforming the budget structure of the Service to support
interdisciplinary planning, including reducing the number of
budget line items;
(4) defining new measures of accountability so that Con-
gress may meet the constitutional obligation of Congress to
oversee the Service;
(5) achieving structural and organizational consolidations;
(6) to the extent practicable, sharing office space, equip-
ment, vehicles, and electronic systems with other administra-
tive units of the Department and other Federal field offices,
including proposals for using an on-line system by all adminis-
trative units of the Department to maximize administrative
efficiency; and
(7) reorganizing the Service in a manner that will result
in a larger percentage of employees of the Service being retained
H. R. 4217—49
at organizational levels below regional offices, research stations,
and the area office of the Service.
(b) REPORT.—Not later than March 31, 1995, the Secretary
shall submit a report to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate that describes actions taken to carry
out subsection (a), identifies any disparities in regional funding
patterns, and contains the rationale behind the disparities.
Subtitle F—Research, Education, and
Economics
SEC. 251. UNDER SECRETARY OF AGRICULTURE FOR RESEARCH, EDU-
CATION, AND ECONOMICS.
(a) AUTHORIZATION.—The Secretary is authorized to establish
in the Department the position of Under Secretary of Agriculture
for Research, Education, and Economics.
(b) CONFIRMATION REQUIRED.—If the Secretary establishes the
position of Under Secretary of Agriculture for Research, Education,
and Economics authorized under subsection (a), the Under Secretary
shall be appointed by the President, by and with the advice and
consent of the Senate.
(c) FUNCTIONS OF UNDER SECRETARY.—
(1) PRINCIPAL FUNCTIONS.—Upon establishment, the Sec-
retary shall delegate to the Under Secretary of Agriculture
for Research, Education, and Economics those functions and
duties under the jurisdiction of the Department that are related
to research, education, and economics.
(2) ADDITIONAL FUNCTIONS.—The Under Secretary of Agri-
culture for Research, Education, and Economics shall perform
such other functions and duties as may be required by law
or prescribed by the Secretary.
(d) COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION
SERVICE.—
(1) ESTABLISHMENT.—There is established in the Depart-
ment a Cooperative State Research, Education, and Extension
Service.
(2) FUNCTIONS.—The Secretary shall delegate to the
Cooperative State Research, Education, and Extension Service
functions related to cooperative State research programs and
cooperative extension and education programs that are under
the jurisdiction of the Department.
(3) OFFICER-IN-CHARGE.—If the Secretary establishes the
position of Under Secretary of Agriculture for Research, Edu-
cation, and Economics, the officer in charge of the Cooperative
State Research, Education, and Extension Service shall report
directly to the Under Secretary.
(e) EXECUTIVE SCHEDULE.—Section 5314 of title 5, United
States Code, is amended by inserting after the item relating to
the Under Secretary of Agriculture for Natural Resources and
Environment (as added by section 245(e)) the following:
‘‘Under Secretary of Agriculture for Research, Education,
and Economics.’’.
H. R. 4217—50
SEC. 252. PROGRAM STAFF.
In making the personnel reductions required under section
213, the Secretary shall reduce the number of Federal research
and education personnel of the Department by a percentage equal
to at least the percentage of overall Department personnel reduc-
tions. The Secretary shall achieve such reduction in research and
education personnel in a manner that minimizes duplication
and maximizes coordination between Federal and State research
and extension activities.
Subtitle G—Food Safety
SEC. 261. UNDER SECRETARY OF AGRICULTURE FOR FOOD SAFETY.
(a) ESTABLISHMENT.—There is established in the Department
of Agriculture the position of Under Secretary of Agriculture for
Food Safety. The Under Secretary shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate, from
among individuals with specialized training or significant experi-
ence in food safety or public health programs.
(b) FUNCTIONS OF UNDER SECRETARY.—
(1) PRINCIPAL
FUNCTIONS.—The Secretary shall delegate
to the Under Secretary of Agriculture for Food Safety those
functions and duties under the jurisdiction of the Department
that are primarily related to food safety.
(2) ADDITIONAL FUNCTIONS.—The Under Secretary of Agri-
culture for Food Safety shall perform such other functions
and duties as may be required by law or prescribed by the
Secretary.
(c) EXECUTIVE SCHEDULE.—Section 5314 of title 5, United
States Code, is amended by inserting after the item relating to
the Under Secretary of Agriculture for Research, Education, and
Economics (as added by section 251(e)) the following:
‘‘Under Secretary of Agriculture for Food Safety.’’.
(d) TECHNICAL
AND SCIENTIFIC REVIEW GROUPS.—The Sec-
retary, acting through the Under Secretary for Research, Education,
and Economics, may, without regard to the provisions of title 5,
United States Code, governing appointment in the competitive serv-
ice, and without regard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of title 5, United States Code, relating
to classification and General Schedule pay rates—
(1) establish such technical and scientific review groups
as are needed to carry out the functions of the Department;
and
(2) appoint and pay the members of the groups, except
that officers and employees of the United States shall not
receive additional compensation for service as a member of
a group.
SEC. 262. CONDITIONS FOR IMPLEMENTATION OF ALTERATIONS IN
THE LEVEL OF ADDITIVES ALLOWED IN ANIMAL DIETS.
(a) CONDITIONS.—The Food and Drug Administration shall not
implement or enforce the final rule described in subsection (b)
to alter the level of selenium allowed to be used as a supplement
in animal diets unless the Commissioner of the Food and Drug
Administration makes a determination that—
H. R. 4217—51
(1) selenium additives are not essential, at levels authorized
in the absence of such final rule, to maintain animal nutrition
and protect animal health;
(2) selenium at such levels is not safe to the animals
consuming the additive;
(3) selenium at such levels is not safe to individuals
consuming edible portions of animals that receive the additive;
(4) selenium at such levels does not achieve its intended
effect of promoting normal growth and reproduction of livestock
and poultry; and
(5) the manufacture and use of selenium at such levels
cannot reasonably be controlled by adherence to current good
manufacturing practice requirements.
(b) FINAL RULE DESCRIBED.—The final rule referred to in sub-
section (a) is the final rule issued by the Food and Drug Administra-
tion 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.
Subtitle H—National Appeals Division
SEC. 271. DEFINITIONS.
For purposes of this subtitle:
(1) ADVERSE DECISION.—The term ‘‘adverse decision’’ means
an administrative decision made by an officer, employee, or
committee of an agency that is adverse to a participant. The
term includes a denial of equitable relief by an agency or
the failure of an agency to issue a decision or otherwise act
on the request or right of the participant. The term does not
include a decision over which the Board of Contract Appeals
has jurisdiction.
(2) AGENCY.—The term ‘‘agency’’ means any agency of the
Department designated by the Secretary or a successor agency
of the Department, except that the term shall include the
following (and any successor to the following):
(A) The Consolidated Farm Service Agency (or other
office, agency, or administrative unit of the Department
assigned the functions authorized for the Consolidated
Farm Service Agency under section 226).
(B) The Commodity Credit Corporation, with respect
to domestic programs.
(C) The Farmers Home Administration.
(D) The Federal Crop Insurance Corporation.
(E) The Rural Development Administration.
(F) The Natural Resources Conservation Service (or
other office, agency, or administrative unit of the Depart-
ment assigned the functions authorized for the Natural
Resources Conservation Service under section 246(b)).
(G) A State, county, or area committee established
under section 8(b)(5) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)(5)).
(3) APPELLANT.—The term ‘‘appellant’’ means a participant
who appeals an adverse decision in accordance with this
subtitle.
H. R. 4217—52
(4) CASE RECORD.—The term ‘‘case record’’ means all the
materials maintained by the Secretary related to an adverse
decision.
(5) DIRECTOR.—The term ‘‘Director’’ means the Director
of the Division.
(6) DIVISION.—The term ‘‘Division’’ means the National
Appeals Division established by this title.
(7) HEARING OFFICER.—The term ‘‘hearing officer’’ means
an individual employed by the Division who hears and deter-
mines appeals of adverse decisions by any agency.
(8) IMPLEMENT.—The term ‘‘implement’’ refers to those
actions necessary to effectuate fully and promptly a final deter-
mination of the Division not later than 30 calendar days after
the effective date of the final determination.
(9) PARTICIPANT.—The term ‘‘participant’’ shall have the
meaning given that term by the Secretary by regulation.
SEC. 272. NATIONAL APPEALS DIVISION AND DIRECTOR.
(a) ESTABLISHMENT OF DIVISION.—The Secretary shall establish
and maintain an independent National Appeals Division within
the Department to carry out this subtitle.
(b) DIRECTOR.—
(1) APPOINTMENT.—The Division shall be headed by a
Director, appointed by the Secretary from among persons who
have substantial experience in practicing administrative law.
In considering applicants for the position of Director, the Sec-
retary shall consider persons currently employed outside
Government as well as Government employees.
(2) TERM AND REMOVAL.—The Director shall serve for a
6-year term of office, and shall be eligible for reappointment.
The Director shall not be subject to removal during the term
of office, except for cause established in accordance with law.
(3) POSITION CLASSIFICATION.—The position of the Director
may not be a position in the excepted service or filled by
a noncareer appointee.
(c) DIRECTION, CONTROL, AND SUPPORT.—The Director shall
be free from the direction and control of any person other than
the Secretary. The Division shall not receive administrative support
(except on a reimbursable basis) from any agency other than the
Office of the Secretary. The Secretary may not delegate to any
other officer or employee of the Department, other than the Director,
the authority of the Secretary with respect to the Division.
(d) DETERMINATION OF APPEALABILITY OF AGENCY DECISIONS.—
If an officer, employee, or committee of an agency determines that
a decision is not appealable and a participant appeals the decision
to the Director, the Director shall determine whether the decision
is adverse to the individual participant and thus appealable or
is a matter of general applicability and thus not subject to appeal.
The determination of the Director as to whether a decision is
appealable shall be administratively final.
(e) DIVISION PERSONNEL.—The Director shall appoint such hear-
ing officers and other employees as are necessary for the administra-
tion of the Division. A hearing officer or other employee of the
Division shall have no duties other than those that are necessary
to carry out this subtitle.
H. R. 4217—53
SEC. 273. TRANSFER OF FUNCTIONS.
There are transferred to the Division all functions exercised
and all administrative appeals pending before the effective date
of this subtitle (including all related functions of any officer or
employee) of or relating to—
(1) the National Appeals Division established by section
426(c) of the Agricultural Act of 1949 (7 U.S.C. 1433e(c)) (as
in effect on the day before the date of the enactment of this
Act);
(2) the National Appeals Division established by sub-
sections (d) through (g) of section 333B of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1983b) (as in
effect on the day before the date of the enactment of this
Act);
(3) appeals of decisions made by the Federal Crop Insurance
Corporation; and
(4) appeals of decisions made by the Soil Conservation
Service (as in effect on the day before the date of the enactment
of this Act).
SEC. 274. NOTICE AND OPPORTUNITY FOR HEARING.
Not later than 10 working days after an adverse decision is
made that affects the participant, the Secretary shall provide the
participant with written notice of such adverse decision and the
rights available to the participant under this subtitle or other
law for the review of such adverse decision.
SEC. 275. INFORMAL HEARINGS.
If an officer, employee, or committee of an agency makes an
adverse decision, the agency shall hold, at the request of the partici-
pant, an informal hearing on the decision. With respect to programs
carried out through the Consolidated Farm Service Agency (or
other office, agency, or administrative unit of the Department
assigned to carry out the programs authorized for the Consolidated
Farm Service Agency under section 226), the Secretary shall main-
tain the informal appeals process applicable to such programs,
as in effect on the date of the enactment of the subtitle. If a
mediation program is available under title V of the Agricultural
Credit Act of 1987 (7 U.S.C. 5101 et seq.) as a part of the informal
hearing process, the participant shall be offered the right to choose
such mediation.
SEC. 276. RIGHT OF PARTICIPANTS TO DIVISION HEARING.
(a) APPEAL TO DIVISION FOR HEARING.—Subject to subsection
(b), a participant shall have the right to appeal an adverse decision
to the Division for an evidentiary hearing by a hearing officer
consistent with section 277.
(b) TIME FOR APPEAL.—To be entitled to a hearing under section
277, a participant shall request the hearing not later than 30
days after the date on which the participant first received notice
of the adverse decision.
SEC. 277. DIVISION HEARINGS.
(a) GENERAL POWERS OF DIRECTOR AND HEARING OFFICERS.—
(1) ACCESS TO CASE RECORD.—The Director and hearing
officer shall have access to the case record of any adverse
decision appealed to the Division for a hearing.
H. R. 4217—54
(2) ADMINISTRATIVE PROCEDURES.—The Director and hear-
ing officer shall have the authority to require the attendance
of witnesses, and the production of evidence, by subpoena and
to administer oaths and affirmations. Except to the extent
required for the disposition of ex parte matters as authorized
by law—
(A) an interested person outside the Division shall
not make or knowingly cause to be made to the Director
or a hearing officer who is or may reasonably be expected
to be involved in the evidentiary hearing or review of
an adverse decision, an ex parte communication (as defined
in section 551(14) of title 5, United States Code) relevant
to the merits of the proceeding;
(B) the Director and such hearing officer shall not
make or knowingly cause to be made to any interested
person outside the Division an ex parte communication
relevant to the merits of the proceeding.
(b) TIME FOR HEARING.—Upon a timely request for a hearing
under section 276(b), an appellant shall have the right to have
a hearing by the Division on the adverse decision within 45 days
after the date of the receipt of the request for the hearing.
(c) LOCATION AND ELEMENTS OF HEARING.—
(1) LOCATION.—A hearing on an adverse decision shall
be held in the State of residence of the appellant or at a
location that is otherwise convenient to the appellant and the
Division.
(2) EVIDENTIARY HEARING.—The evidentiary hearing before
a hearing officer shall be in person, unless the appellant agrees
to a hearing by telephone or by a review of the case record.
The hearing officer shall not be bound by previous findings
of fact by the agency in making a determination.
(3) INFORMATION AT HEARING.—The hearing officer shall
consider information presented at the hearing without regard
to whether the evidence was known to the agency officer,
employee, or committee making the adverse decision at the
time the adverse decision was made. The hearing officer shall
leave the record open after the hearing for a reasonable period
of time to allow the submission of information by the appellant
or the agency after the hearing to the extent necessary to
respond to new facts, information, arguments, or evidence pre-
sented or raised by the agency or appellant.
(4) BURDEN OF PROOF.—The appellant shall bear the bur-
den of proving that the adverse decision of the agency was
erroneous.
(d) DETERMINATION NOTICE.—The hearing officer shall issue
a notice of the determination on the appeal not later than 30
days after a hearing or after receipt of the request of the appellant
to waive a hearing, except that the Director may establish an
earlier or later deadline. If the determination is not appealed to
the Director for review under section 278, the notice provided by
the hearing officer shall be considered to be a notice of an adminis-
tratively final determination.
(e) EFFECTIVE DATE.—The final determination shall be effective
as of the date of filing of an application, the date of the transaction
or event in question, or the date of the original adverse decision,
whichever is applicable.
H. R. 4217—55
SEC. 278. DIRECTOR REVIEW OF DETERMINATIONS OF HEARING
OFFICERS.
(a) REQUESTS FOR DIRECTOR REVIEW.—
(1) TIME FOR REQUEST BY APPELLANT.—Not later than 30
days after the date on which an appellant receives the deter-
mination of a hearing officer under section 277, the appellant
shall submit a written request to the Director for review of
the determination in order to be entitled to a review by the
Director of the determination.
(2) TIME FOR REQUEST BY AGENCY HEAD.—Not later than
15 business days after the date on which an agency receives
the determination of a hearing officer under section 277, the
head of the agency may make a written request that the Direc-
tor review the determination.
(b) DETERMINATION OF DIRECTOR.—The Director shall conduct
a review of the determination of the hearing officer using the
case record, the record from the evidentiary hearing under section
277, the request for review, and such other arguments or informa-
tion as may be accepted by the Director. Based on such review,
the Director shall issue a final determination notice that upholds,
reverses, or modifies the determination of the hearing officer.
However, if the Director determines that the hearing record is
inadequate, the Director may remand all or a portion of the deter-
mination for further proceedings to complete the hearing record
or, at the option of the Director, to hold a new hearing. The
Director shall complete the review and either issue a final deter-
mination or remand the determination not later than—
(1) 10 business days after receipt of the request for review,
in the case of a request by the head of an agency for
review; or
(2) 30 business days after receipt of the request for review,
in the case of a request by an appellant for review.
(c) BASIS FOR DETERMINATION.—The determination of the hear-
ing officer and the Director shall be based on information from
the case record, laws applicable to the matter at issue, and
applicable regulations published in the Federal Register and in
effect on the date of the adverse decision or the date on which
the acts that gave rise to the adverse decision occurred, whichever
date is appropriate.
(d) EQUITABLE RELIEF.—Subject to regulations issued by the
Secretary, the Director shall have the authority to grant equitable
relief under this section in the same manner and to the same
extent as such authority is provided to the Secretary under section
326 of the Food and Agriculture Act of 1962 (7 U.S.C. 1339a)
and other laws. Notwithstanding the administrative finality of a
final determination of an appeal by the Division, the Secretary
shall have the authority to grant equitable or other types of relief
to the appellant after an administratively final determination is
issued by the Division.
(e) EFFECTIVE DATE.—A final determination issued by the
Director shall be effective as of the date of filing of an application,
the date of the transaction or event in question, or the date of
the original adverse decision, whichever is applicable.