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(C) CLARIFICATION.—The certification of
a unit under paragraph (1) shall not, for pur-
poses 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 Re-
lations Authority may delegate to any regional
director (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 re-
view shall be required if application therefor is
filed by an affected party within the time speci-
fied in such provisions.
(c) DEFINITION.—For purposes of this section, the
term ‘‘affected party’’ means—
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(1) with respect to an exercise of authority by
the Secretary under this title, any labor organization
affected thereby; and
(2) the Department of Agriculture.
SEC. 292. PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.
(a) SENSE OF CONGRESS.—It is the sense of the Con-
gress that, to the greatest extent practicable, all equip-
ment and products purchased using funds made available
pursuant to this title should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available pursuant to this title, the
Secretary, to the greatest extent practicable, shall provide
to such entity a notice describing the statement made in
subsection (a) by the Congress.
SEC. 293. MISCELLANEOUS 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
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(C) by redesignating subsection (bb) as
subsection (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’’ in the
first sentence of both sections and inserting ‘‘super-
vision 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
appears 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—
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(1) by striking subsection (b);
(2) by redesignating subsections (c), (d), (e),
and (f), as subsections (b), (c), (d), and (e), respec-
tively; and
(3) in subsection (e) (as so redesignated), by
striking ‘‘subsection (e)’’ and inserting ‘‘subsection
(d)’’.
SEC. 294. REMOVAL OF OBSOLETE ADMINISTRATIVE PROVI-
SIONS.
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 Agri-
cultural Service, Department of Agriculture.’’;
(6) by striking ‘‘Administrator, Rural Elec-
trification Administration, Department of Agri-
culture.’’;
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(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 Ag-
riculture.’’; and
(11) by striking ‘‘Administrator, Federal Grain
Inspection Service, Department of Agriculture.’’.
SEC. 295. PROPOSED CONFORMING AMENDMENTS.
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary shall submit to Congress
recommended legislation containing additional technical
and conforming amendments to Federal laws that are re-
quired as a result of the enactment of this title.
SEC. 296. TERMINATION OF AUTHORITY.
(a) IN GENERAL.—Subject to subsection (b), the au-
thority delegated to the Secretary by this title to reorga-
nize the Department shall terminate on the date that is
2 years after the date of enactment of this Act.
(b) FUNCTIONS.—Subsection (a) shall not affect—
(1) the authority of the Secretary to continue to
carry out a function that the Secretary performs on
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the date that is 2 years after the date of enactment
of this Act;
(2) the authority delegated to the Secretary
under Reorganization Plan No. 2 of 1953 (5 U.S.C.
App; 7 U.S.C. 2201 note); or
(3) the authority of an agency, office, officer, or
employee of the Department to continue to perform
all functions delegated or assigned to the entity or
person as of that termination date.
TITLE III—MISCELLANEOUS
SEC. 301. POULTRY LABELING.
It is the sense of Congress that—
(1) the United States Department of Agri-
culture should—
(A) carry out the plans of the Department
to hold public hearings for the purpose of re-
ceiving public input on issues related to the
conditions under which poultry sold in the Unit-
ed States may be labeled ‘‘fresh’’; and
(B) finalize and publish a decision on the
issues as expeditiously as possible after holding
the hearings; and
(2) no person serving on the expert advisory
committee established to advise the Secretary of Ag-
riculture on the issues should stand to profit, or rep-
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resent any interest that would stand to profit, from
the decision of the Department on the issues.
SEC. 302. FIRST AMENDMENT RIGHTS OF EMPLOYEES OF
THE UNITED STATES DEPARTMENT OF AGRI-
CULTURE.
Notwithstanding any other provision of law, no em-
ployee of the United States Department of Agriculture
shall be peremptorily removed, on or after February 15,
1994, from the position of the employee without an oppor-
tunity for a public or nonpublic hearing, at the option of
the employee, because of remarks made during personal
time in opposition to policies, or proposed policies, of the
Department, including policies or proposed policies re-
garding homosexuals. Any employee removed on or after
February 15, 1994, without the opportunity for such a
hearing shall be reinstated to the position of the employee
pending such a hearing.
SEC. 303. ADJUSTED COST OF THRIFTY FOOD PLAN.
(a) IN GENERAL.—Section 3(o)(11) of the Food
Stamp Act of 1977 (7 U.S.C. 2012(o)(11)) is amended
by inserting ‘‘and (in the case of households residing in
Alaska) on October 1, 1994,’’ after ‘‘1992,’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall be effective beginning on September
30, 1994.
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SEC. 304. OFFICE OF RISK ASSESSMENT AND COST-BENEFIT
ANALYSIS.
(a) OFFICE OF RISK ASSESSMENT AND COST-BENE-
FIT ANALYSIS.—The Secretary of Agriculture shall estab-
lish in the Department of Agriculture an Office of Risk
Assessment and Cost-Benefit Analysis, which shall be
under the direction of a Director appointed by the Sec-
retary.
(b) FUNCTIONS.—The Director shall ensure that any
regulatory analysis that is conducted under this section
includes a risk assessment and cost-benefit analysis that
is performed consistently and uses reasonably obtainable
and sound scientific, technical, economic, and other data.
(1) IN GENERAL.—Effective six months after
the date of enactment of this Act, the Secretary of
Agriculture shall publish in the Federal Register, for
each proposed major regulation the primary purpose
of which is to regulate issues of human health,
human safety, or the environment that is promul-
gated by the Department after the enactment of this
Act, an analysis with as much specificity as prac-
ticable, of—
(A) the risk, including the effect of the
risk, to human health, human safety, or the en-
vironment, and any combination thereof, ad-
dressed by the regulation, including, where ap-
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plicable and practicable, the health and safety
risks to persons who are disproportionately ex-
posed or particularly sensitive;
(B) the costs associated with the imple-
mentation of, and compliance with, the regula-
tion;
(C) where appropriate and meaningful, a
comparison of that risk relative to other similar
risks regulated by the Department or other
Federal Agency, resulting from comparable ac-
tivities and exposure pathways (such compari-
sons 
should 
consider 
relevant 
distinctions
among risks, such as the voluntary or involun-
tary nature of risks and the preventability or
nonpreventability of risks); and
(D) the quantitative and qualitative bene-
fits of the regulation, including the reduction or
prevention of risk expected from the regulation.
Where such a regulatory analysis is not practicable be-
cause of compelling circumstances, the Director shall pro-
vide an explanation in lieu of conducting an analysis under
this section.
(2) EVALUATION.—The regulatory analysis re-
ferred to in paragraph (1) should also contain a
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statement that the Secretary of Agriculture evalu-
ated—
(A) whether the regulation will advance the
purpose of protecting against the risk referred
to in paragraph (1)(A); and
(B) whether the regulation will produce
benefits and reduce risks to human health,
human safety, or the environment, and any
combination thereof, in a cost-effective manner
as a result of the implementation of and compli-
ance with the regulation, by local, State, and
Federal Government and other public and pri-
vate entities, as estimated in paragraph (1)(B).
(3) This section shall not be construed to
amend, modify, or alter any statute and shall not be
subject to judicial review. This section shall not be
construed to grant a cause of action to any person.
The Secretary of Agriculture shall perform the anal-
yses required in this section in such a manner that
does not delay the promulgation or implementation
of regulations mandated by statute or judicial order.
(c) DEFINITION.—As used in this section, the term
‘‘major regulation’’ means any regulation that the Sec-
retary of Agriculture estimates is likely to have an annual
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impact on the economy of the United States of
$100,000,000 in 1994 dollars.
SEC. 305. FAIR AND EQUITABLE TREATMENT OF SOCIALLY
DISADVANTAGED PRODUCERS.
(a) FAIR CROP ACREAGE BASES AND FARM PRO-
GRAM PAYMENT YIELDS.—If the Secretary of Agriculture
determines that crop acreage bases or farm program pay-
ment yields established for farms owned or operated by
socially disadvantaged producers are not established in ac-
cordance with title V of the Agricultural Act of 1949 (7
U.S.C. 1461 et seq.), the Secretary shall adjust the bases
and yields to conform to the requirements of such title
and make available any appropriate commodity program
benefits.
(b) FAIR APPLICATION
OF CONSOLIDATED FARM
AND RURAL DEVELOPMENT ACT.—If the Secretary of Ag-
riculture determines that application of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1921 et seq.)
with respect to socially disadvantaged producers is not
consistent with the requirements of such Act, the Sec-
retary shall make such changes in the administration of
such Act as the Secretary considers necessary to provide
for the fair and equitable treatment of socially disadvan-
taged producers under such Act.
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(c) REPORT
ON TREATMENT
OF SOCIALLY DIS-
ADVANTAGED PRODUCERS.—
(1) REPORT REQUIRED.—The Comptroller Gen-
eral of the United States shall prepare a report to
determine—
(A) whether socially disadvantaged produc-
ers are underrepresented on State, county,
area, or local committees established under sec-
tion 8(b)(5) of the Soil Conservation and Do-
mestic Allotment Act (16 U.S.C. 590h(b)(5)) or
local review committees established under sec-
tion 363 of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1363) because of racial, ethnic,
or gender prejudice; and
(B) if such underrepresentation exists,
whether it inhibits or interferes with the partici-
pation of socially disadvantaged producers in
programs of the Department of Agriculture.
(2) SUBMISSION OF REPORT.—Not later than
February 1, 1995, the Comptroller General shall
submit the report required by this subsection to the
Committee on Agriculture of the House of Rep-
resentatives and the Committee on Agriculture, Nu-
trition, and Forestry of the Senate.