Sec. 1. Short title; table of contents.
TITLE I—ELIMINATION OF USDA AND TRANSFER OF CERTAIN
FUNCTIONS
Sec. 101. Definitions.
Sec. 102. Transfer of functions.
Sec. 103. Determinations of certain functions by Office of Management and
Budget.
Sec. 104. Personnel provisions.
Sec. 105. Delegation and assignment.
Sec. 106. Reorganization.
Sec. 107. Regulations.
Sec. 108. Transfer and allocations of appropriations and personnel; disposal of
surplus property.
Sec. 109. Incidental transfers.
Sec. 110. Effect on personnel.
Sec. 111. Savings provisions.
Sec. 112. Transition.
Sec. 113. References.
Sec. 114. Conforming amendments.
Sec. 115. Additional conforming amendments.
TITLE II—AGRIBUSINESS BLOCK GRANT PROGRAM
Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. Authorization of appropriations.
Sec. 204. Establishment of block grant program.
Sec. 205. Under Secretary of Commerce for Agribusiness Affairs.
Sec. 206. Reports.
Sec. 207. Lead agency.
Sec. 208. Application and plan.
Sec. 209. Limitations on State allotments.
Sec. 210. Administration and enforcement.
Sec. 211. Payments.
Sec. 212. Audits.
Sec. 213. Report by Secretary.
Sec. 214. Nondiscrimination.
Sec. 215. Amounts reserved; allotments.
Sec. 216. Termination of authority.
TITLE III—ELIMINATION OF CERTAIN AGRICULTURAL PROGRAMS
Subtitle A—Elimination of Price Support Programs
Sec. 301. Prohibition on agricultural price support and production adjustment.
Sec. 302. Agricultural Adjustment Act of 1938.
Sec. 303. Commodity Credit Corporation Charter Act.
Sec. 304. Section 32.
Sec. 305. Agricultural Act of 1949.
Sec. 306. Agricultural Adjustment Act.
Sec. 307. General commodity provisions.
Sec. 308. Specific commodity provisions.
Sec. 309. Liability.
Sec. 310. Application.
Subtitle B—Elimination of Other Programs
Sec. 321. Market promotion program.
Sec. 322. Export enhancement program.
Sec. 323. Rural electric and telephone programs.
Sec. 324. Animal damage control.
TITLE IV—EFFECTIVE DATE
Sec. 401. Effective date.
TITLE I—ELIMINATION OF USDA
AND TRANSFER OF CERTAIN
FUNCTIONS
SEC. 101. DEFINITIONS.
Except as otherwise specifically provided, in this title:
(1) AGENCY HEAD.—The term ‘‘agency head’’
means the head of a Federal agency to whom a
function is transferred by section 102.
(2) FEDERAL
AGENCY.—The term ‘‘Federal
agency’’ has the meaning provided in section 551(1)
of title 5, United States Code.
(3) FUNCTION.—The term ‘‘function’’ means
any duty, obligation, power, authority, responsibility,
right, privilege, activity, or program.
SEC. 102. TRANSFER OF FUNCTIONS.
Of the functions that the Secretary of Agriculture ex-
ercised before the effective date of this Act (including all
related functions of any officer or employee of the Depart-
ment of Agriculture), there are transferred to—
(1) the Secretary of Commerce for administra-
tion through the agribusiness block grant program
established under title II, all functions of the Con-
solidated Farm Service Agency, except as otherwise
provided in this section;
(2) the Secretary of Commerce, all functions
of—
(A) the Agricultural Research Service;
(B) the Economic Research Service;
(C) the National Agricultural Statistics
Service;
(D) the Rural Housing and Community
Development Service;
(E) the Rural Business and Cooperative
Development Service;
(F) the Cooperative State Research, Edu-
cation, and Extension Service;
(G) the Foreign Agricultural Service, ex-
cept as otherwise provided in this section; and
(H) all other offices, administrations,
agencies, institutes, units, organizational enti-
ties, or components of the Department of Agri-
culture that are not specifically transferred by
this section;
(3) the Secretary of Health and Human Serv-
ices, all functions of—
(A) the Food and Consumer Service;
(B) the Food Safety and Inspection Serv-
ice;
(C) the Animal and Plant Health Inspec-
tion Service; and
(D) the Grain Inspection, Packers and
Stockyards Administration;
(4) the Secretary of the Interior, all functions
of—
(A) the Natural Resources Conservation
Service;
(B) the Forest Service; and
(C) the conservation reserve and agricul-
tural conservation programs;
(5) the Secretary of State, all functions carried
out under the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1691 et seq.);
(6) the Secretary of the Treasury, all functions
relating to agricultural credit programs; and
(7) the Federal Emergency Management Agen-
cy, all functions relating to crop insurance.
SEC. 103. DETERMINATIONS OF CERTAIN FUNCTIONS BY
OFFICE OF MANAGEMENT AND BUDGET.
If necessary, the Director of the Office of Manage-
ment and Budget shall make any determination of the
functions that are transferred by section 102.
SEC. 104. PERSONNEL PROVISIONS.
(a) APPOINTMENTS.—
(1) IN GENERAL.—An agency head may appoint
and fix the compensation of such officers and em-
ployees, including investigators, attorneys, and ad-
ministrative law judges, as may be necessary to
carry out the respective functions transferred by sec-
tion 102.
(2) CIVIL SERVICE LAWS.—Except as otherwise
provided by law, the officers and employees shall be
appointed in accordance with the civil service laws
and the compensation of the officers and employees
shall be fixed in accordance with title 5, United
States Code.
(b) EXPERTS AND CONSULTANTS.—
(1) IN GENERAL.—An agency head may obtain
the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, and
compensate the experts and consultants for each day
served (including traveltime) at rates not in excess
of the rate of pay for level IV of the Executive
Schedule under section 5315 of the title.
(2) TRAVEL EXPENSES.—An agency head may
pay an expert or consultant who is serving away
from the home or regular place of business of the ex-
pert or consultant travel expenses and per diem in
lieu of subsistence at rates authorized by sections
5702 and 5703 of the title for persons in Federal
Government service employed intermittently.
SEC. 105. DELEGATION AND ASSIGNMENT.
(a) IN GENERAL.—Except as otherwise expressly
prohibited by law or otherwise provided by this title, an
agency head may—
(1) delegate any of the functions transferred to
the agency head by this title and any function trans-
ferred or granted to the agency head after the effec-
tive date of this Act to such officers and employees
of the Federal agency as the agency head may des-
ignate; and
(2) authorize successive redelegations of the
functions as may be necessary.
(b) RESPONSIBILITY.—No delegation of functions by
an agency head under this section or under any other pro-
vision of this title shall relieve the agency head of respon-
sibility for the administration of the functions.
SEC. 106. REORGANIZATION.
An agency head may allocate or reallocate any func-
tion transferred by section 102 among the officers of the
Federal agency, and establish, consolidate, alter, or dis-
continue organizational entities in the Federal agency to
the extent the agency head determines necessary.
SEC. 107. REGULATIONS.
An agency head may prescribe, in accordance with
chapters 5 and 6 of title 5, United States Code, such regu-
lations as the agency head determines necessary to admin-
ister and manage the functions of the Federal agency of
the agency head.
SEC. 108. TRANSFER AND ALLOCATIONS OF APPROPRIA-
TIONS AND PERSONNEL; DISPOSAL OF SUR-
PLUS PROPERTY.
(a) IN GENERAL.—Except as otherwise provided in
this title, the personnel employed in connection with, and
the assets, liabilities, contracts, property, records, and un-
expended balances of appropriations, authorizations, allo-
cations, and other funds employed, used, held, arising
from, available to, or to be made available in connection
with the functions transferred by section 102, subject to
section 1531 of title 31, United States Code, shall be
transferred to the Federal agency to which the functions
are transferred.
(b) USE OF FUNDS.—Unexpended funds transferred
pursuant to this section shall be used only for the purposes
for which the funds were originally authorized and appro-
priated.
(c) DISPOSAL OF SURPLUS PROPERTY.—The Admin-
istrator of General Services shall dispose of the property
of the national headquarters of the Department of Agri-
culture in Washington, D.C. in accordance with section
203 of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 484).
SEC. 109. INCIDENTAL TRANSFERS.
(a) IN GENERAL.—The Director of the Office of
Management and Budget, at such time as the Director
shall provide, may make such determinations as may be
necessary with regard to the functions transferred by sec-
tion 102, and make such additional incidental dispositions
of personnel, assets, liabilities, grants, contracts, property,
records, and unexpended balances of appropriations, au-
thorizations, allocations, and other funds held, used, aris-
ing from, available to, or to be made available in connec-
tion with the functions, as may be necessary to carry out
this title.
(b) TERMINATION OF AFFAIRS.—The Director of the
Office of Management and Budget shall provide for the
termination of the affairs of all entities terminated by this
title and for such further measures and dispositions as
may be necessary to carry out this title.
SEC. 110. EFFECT ON PERSONNEL.
(a) IN GENERAL.—Except as otherwise provided by
this title, the transfer pursuant to this title of full-time
personnel (except special Federal Government employees)
and part-time personnel holding permanent positions shall
not cause any such employee to be separated or reduced
in grade or compensation for 1 year after the date of
transfer of the employee under this title.
(b) EXECUTIVE SCHEDULE POSITIONS.—Except as
otherwise provided in this title, any person who, on the
day preceding the effective date of this Act, held a position
compensated in accordance with the Executive Schedule
prescribed in chapter 53 of title 5, United States Code,
and who, without a break in service, is appointed in a Fed-
eral agency to a position having duties comparable to the
duties performed immediately preceding the appointment
shall continue to be compensated in the new position at
not less than the rate provided for the previous position,
for the duration of the service of the person in the new
position.
(c) TERMINATION OF CERTAIN POSITIONS.—A posi-
tion whose incumbent is appointed by the President, by
and with the advice and consent of the Senate, the func-
tions of which are transferred by section 102, shall termi-
nate on the effective date of this Act.
SEC. 111. SAVINGS PROVISIONS.
(a) CONTINUING EFFECT OF LEGAL DOCUMENTS.—
An order, determination, rule, regulation, permit, agree-
ment, grant, contract, certificate, license, registration,
privilege, or other administrative action that—
(1) has been issued, made, granted, or allowed
to become effective by the President, any Federal
agency or official of a Federal agency, or a court of
competent jurisdiction, in the performance of func-
tions that are transferred by section 102; and
(2) is in effect on the effective date of this Act,
or was final before the effective date of this Act and
is to become effective on or after the effective date
of this Act;
shall continue in effect according to its terms until modi-
fied, terminated, superseded, set aside, or revoked in ac-
cordance with law by the President, an agency head or
other authorized official, or a court of competent jurisdic-
tion, or by operation of law.
(b) PROCEEDINGS NOT AFFECTED.—
(1) IN GENERAL.—This title shall not affect a
proceeding, including a notice of proposed rule-
making, or any application for any license, permit,
certificate, or financial assistance, pending before
the Department of Agriculture on the effective date
of this Act, with respect to a function transferred by
section 102. The proceeding and application shall be
continued.
(2) ORDERS.—An order shall be issued in a
proceeding, appeal shall be taken from an order, and
payment shall be made pursuant to the order, as if
this title had not been enacted. An order issued in
the proceeding shall continue in effect until modi-
fied, terminated, superseded, or revoked by a duly
authorized official, by a court of competent jurisdic-
tion, or by operation of law.
(3) DISCONTINUANCE OR MODIFICATION PER-
MITTED.—Nothing in this subsection prohibits the
discontinuance or modification of any such proceed-
ing under the same terms and conditions and to the
same extent that the proceeding could have been dis-
continued or modified if this title had not been en-
acted.
(c) SUITS NOT AFFECTED.—This title shall not af-
fect a suit commenced before the effective date of this Act.
In the suit, a proceeding shall be had, an appeal taken,
and judgment rendered in the same manner and with the
same effect as if this title had not been enacted.
(d) NONABATEMENT OF ACTIONS.—No suit, action,
or other proceeding commenced by or against the Depart-
ment of Agriculture, or by or against any individual in
the official capacity of the individual as an officer of the
Department of Agriculture, shall abate by reason of the
enactment of this title.
(e) ADMINISTRATIVE ACTIONS RELATING TO PRO-
MULGATION OF REGULATIONS.—An administrative action
relating to the preparation or promulgation of a regulation
by the Secretary of Agriculture relating to a function
transferred by section 102 may be continued by an agency
head with the same effect as if this title had not been
enacted.
SEC. 112. TRANSITION.
An agency head may utilize—
(1) the services of the officers, employees, and
other personnel of the Department of Agriculture
with respect to functions transferred to the Federal
agency by section 102; and
(2) funds appropriated to the functions for such
period of time as may reasonably be needed to facili-
tate the orderly implementation of this title.
SEC. 113. REFERENCES.
A reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any
document of or relating to—
(1) the Secretary of Agriculture with regard to
a function transferred by section 102, shall be con-
sidered to refer to the agency head to whom the
function is transferred by section 102; and