[Congressional Record Volume 140, Number 39 (Wednesday, April 13, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: April 13, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                               CHARACTER

  Mr. DOMENICI. Madam President, I come to the floor to tell a little 
story. I think it is a very important story, and I would like to share 
it with everyone.
  Let me start by saying, as a Senator from the State of New Mexico--
and I have now been here over 21 years--I have watched the level of 
anxiety, apprehension, even fear in the constituents in my State. I 
have watched people all over the country, and it has reached the point 
where it seems that almost anything that is not going right will draw 
the ire of the American people. But I believe the real reason for 
anxiety bordering on fear is not what our polls tell us. I do not 
believe it is crime, and I do not believe it is jobs, although I do 
believe all of these are very important.
  But I believe the people in this country and in my State are 
frightened because something is happening to the character of our 
country and they see it as it is directly reflected in the character of 
our people. As adults, we are frightened to death because we see the 
lack of character among our young people. We are fearful that the boat 
of values or character is just adrift without a rudder.
  So about 7 months ago, I happened to be reading a column in the 
Washington Post by William Raspberry. It was called ``Honor Thy 
Fogies.'' I ask unanimous consent that the column be printed in the 
Record.
  There being no objection, the column was ordered to be printed in the 
Record, as follows:

               [From the Washington Post, Oct. 11, 1993]

                            Honor Thy FOGIES

                         (By William Raspberry)

       Friends of Guilt-Induced Eschewal of Sin--FOGIES for 
     short--are pleased to announce that we have taken in some new 
     members: Barbara Jordan, Tom Selleck and Michael Josephson.
       Their unofficial induction (these new FOGIES aren't even 
     aware they've been inducted) took place in Washington last 
     Friday, with the launching of something called the Character 
     Counts Coalition, described in the press release as ``an 
     effort to address one of the critical issues of the day--the 
     character and values of our society, especially our young.''
       That, of course, is precisely what motivates us old FOGIES. 
     We are sick of watching silently while our children go to 
     hell in the handbasket of moral relativism. We want people to 
     start talking again about the eternal verities--about good 
     and bad, right and wrong.
       We are the ones whose neck veins throb when we hear yet 
     another proposal for the distribution of condoms in high 
     schools (which are forbidden to distribute the Ten 
     Commandants), who advocate public floggings for those parents 
     whose only childrearing guide is what other parents let their 
     children do, who would require teenage mothers to enroll in 
     free early childhood courses on pain of being pilloried, or 
     at least having their welfare checks docked, who . . . who . 
     . .
       Why don't you listen to Barbara Jordan, while I lie down a 
     second. The former Texas representative joined Hollywood's 
     Selleck and Josephson, founding head of the Josephson 
     Institute of Ethics, to announce formation of the Character 
     Counts Coalition--27 culturally and politically diverse 
     groups claiming to represent some 20 million children. Here's 
     Jordan:
       If we are successful, we are going to make character the 
     No. 1 call of young people in this country. They are going to 
     think before they act because they know that if they do the 
     wrong thing, that there are consequences, and they may not 
     like these consequences. Kids now must understand that they 
     are responsible for their actions. . . . We are responsible 
     for making sure that young people know what is expected of 
     them.
       See how calmly she says it? You suppose it's because she 
     doesn't have any children?
       To be utterly serious for a moment, her words are right on 
     target. Our children need to understand their personal 
     responsibility, and we have to make sure they know what we 
     expect of them. We reveal our expectations most forcibly by 
     our behavior--as when we allow our children to cheat on 
     school work, or to wear clothes that the family budget can't 
     account for, or when we leave 16- and 17-years-olds to party 
     on their own and provide buses to fetch them home just on the 
     off chance that some of them might overindulge in the beer we 
     know the law forbids them to drink.
       And how are our children behaving? Look at Josephson's 
     stunning statistics showing that within just this past year:
       Thirty-nine percent of high school-age boys (and 26 percent 
     of girls) have stolen something from a store.
       A fourth of the boys and a fifth of the girls have stolen 
     something from a family member.
       Two-thirds of high-schoolers and a third of college 
     students cheated on an exam--30 percent of the 15- to 18-
     year-olds cheated at least four times.
       Half the college males and 38 percent of the females drove 
     while drunk--a quarter of the men and a tenth of the women 
     doing so at least four times.
       A third of college-age men, a fifth of college-age women 
     say they would lie to get a job; 21 percent would falsify a 
     report to keep a job.
       Worse, they do these things without apparent guilt or 
     remorse. Where did our children get such dreadful morals? 
     There is both indictment and hope in the answer the Josephson 
     Institute turned up: American youth consistently list their 
     parents as their ethical role models--their teachers second.
       ``This means,'' said Selleck, ``that parents and teachers 
     have the moral authority to persuade, encourage and inspire 
     the best in young people.'' But it requires that we be 
     ``unequivocal about labeling [immoral or unethical behavior] 
     as wrong and unacceptable.''
       Michael Josephson and the Character Counts Coalition have 
     tried to reduce their effort to six core values: 
     trustworthiness, respect, responsibility, fairness, caring 
     and citizenship.
       Not a bad list, that. It avoids two of the major pitfalls 
     of ethics discussions: religion and moral dilemmas.
       It's hard to think of a religion that would have difficulty 
     with any of these six principles, with the possible exception 
     of ``citizenship'' in some of its definitions. As for the 
     dilemmas, it often strikes me that we use them as a way of 
     avoiding ethical teaching.
       ``There are many areas where it is not always easy to know 
     what is the right thing to do,'' Selleck acknowledged. ``But 
     there are just as many where there is no doubt. Violence, 
     theft, lying, cheating and drunk driving are wrong. And we 
     need to say so as loudly and as often as possible.''
       We card-carrying FOGIES couldn't have said it better.

  Mr. DOMENICI. Madam President, what this article says is that there 
is a group of Americans who are talking about the idea that character 
counts in America, and that we ought to take a good look at ourselves 
and see if we are neglecting our critical role and responsibility as 
adults by not speaking out on values and character out of fear that if 
we get involved we will be told, ``That's not your business, Whose 
morals? Whose values?''
  The article refers to a group called the Character Counts Coalition. 
To give you some idea of the broad base of support this group has, and 
to illustrate the political and ideological range of this group, let me 
just tell you who the coalition's co-chairs are. Former Congresswoman 
Barbara Jordan is one of the cochairs, and the other is actor Tom 
Selleck. Obviously, that is a liberal and a conservative. In fact, I 
think Tom Selleck frequently says he is one of two actors in Hollywood 
who supported Ronald Reagan openly.
  But here we have two cochairs of obviously diverse political 
ideologies, who are nonetheless united behind the idea that character 
counts and are convinced enough of it's importance to lend their names 
to a coalition. I read that with a degree of interest and I wrote and 
found out about it.
  It has been with me ever since. So I chose, on an occasion when I was 
being given a rather distinguished award in my State and before what is 
for my State a very large crowd, maybe 700 people. They wanted to hear 
a speech, I assume, on policy. I chose to give a speech on character. I 
never, never got such a response in my political life, which spans 
21\1/2\ years here and 4 years as a councilman and mayor of my home 
city. Never such a response.
  They actually lined up afterward saying, ``What do we do about this? 
How can we help?''
  Well, that stuck with me for a while, until about 2 months ago. And I 
decided that maybe I would recruit a few Senators from both sides of 
the aisle to see if we could not put together our own Senate Character 
Counts Caucus. And it was, I'm proud to say, very easy. I got four 
Democrats and three Republicans to join me. I believe we represent a 
very broad philosophical and ideological base--Senator Nunn, Senator 
Mikulski, Senator Dodd, and Senator Lieberman; and Senator Domenici, 
Senator Danforth, Senator Bennett, and Senator Cochran.
  We met and talked about what we might do. We brought in some of the 
people who belonged to the Character Counts Coalition. Between us, we 
decided that we were going to try to do something to promote this goal 
and objective.
  I now would like to read the six core elements of character, that we 
are embracing. These elements were developed not by the eight of us, 
but by a diverse group of ethics scholars, educators, and 
representatives of groups who serve our young people and I believe if 
we all decide that we want to be part of this, and if we want to 
educate with reference to this, I think this group has found--and a 
large cross-section of America has concurred--that there will be little 
or no objection to these six basic principles of character; 
trustworthiness, respect, responsibility, fairness, caring, and 
citizenship. We call them the six core elements of character.
  Our group got together and we decided that we would put together a 
resolution. It will be coming to each Senator's office from the eight 
of us. We will be asking the Congress to establish a week in October as 
a ``National Character Counts Week'' and asking the President to ask 
Americans to embrace these core elements, to spend time discussing 
them, and work to reinvigorate and reinstill character, especially 
these six elements of character, into our children, into our 
workplaces, into our institutions, and into our businesses.
  We had a press conference on it, we got information out to the 
public, and we will ask every Senator to help us with that and 
cosponsor it. But, Madam President, that is not really why I came to 
the floor today. Let me finish the story.
  I went home during the most recent recess and I decided to tell the 
people in my State about it. I was very fortunate. The first day I 
arrived, it happens that the New Mexico Association of School Business 
Officials, which includes all 89 of our school superintendents, are in 
one room in a convention. I had a half hour. I talked about it. I said, 
``Why don't we talk our school boards into establishing this as a 
matter of policy and see what we can do to try to bring into the very 
fiber of education in our schools these six care elements of 
character?''
  Madam President, to my amazement, when I was finished, slowly but 
surely, everyone stood up and applauded, yet another overwhelming 
reaction. And now a litany of correspondents, who were there or heard 
second-hand what I had said, started asking, ``Tell us more about it.'' 
And let me tell you, we are busy responding to each of them and asking 
the coalition to provide them each with more information.
  The next time I had a chance to be in Albuquerque, I had the 
opportunity to go to a grade school. I want to mention it and commend 
it and commend a few people, because I want to acknowledge that, before 
the Senator from New Mexico got interested, an Albuquerque grade 
school, Bel-Air Elementary School, about 9 months ago became very 
active in this same issue and with the same group I have just told you 
about. They decided as a school, with the permission ultimately of the 
school board and all of the teachers committed, to see what they could 
do about bringing such responsibility, respect, trustworthiness, 
fairness, caring, and citizenship, to these young children in an 
orderly, regular part of the their school day.
  I went there on a day when they were having an assembly of grade 
schoolers. Now, if anybody from the Senate things that it is easy to be 
part of that small and young group of our children and talk about these 
kinds of things, let me tell you that I didn't know at all what to 
expect to happen there.
  They were all sitting on the floor of the largest room they had. This 
was their normal assembly to promote, discuss, and give awards for the 
previous month's word. And the previous month's word was ``caring.'' 
All over the halls of that school were posters exemplifying caring. The 
young people were giving awards to the student who they thought showed 
the most caring during their everyday activities. It was astounding.
  Before the assembly, I met with maybe 25 of their teachers. They were 
excited because they were preparing themselves for that assembly and 
for the month when they were going to move from ``caring'' to 
`'fairness' and talk about fairness as a character or virtue.
  Do you know what I learned, fellow Senators? I learned that the 
teachers themselves said,

       Pulling ourselves together to try to figure out how to 
     integrate into the daily lives of our young students these 
     kinds of attributes, we have ourselves become better teachers 
     and better people, because we cannot teach responsibility and 
     live with ourselves being irresponsible. It is contagious.

  And they also said, believe it or not, that third graders are talking 
about responsibility and using the word and, what's more, understanding 
what it means.
  Madam President, I ask unanimous consent to have printed in the 
Record an Albuquerque Journal story about this school. And I want to 
personally say to three people in New Mexico who have something to do 
with this that I am very proud of them, and maybe we altogether have 
hit on something that may indeed be contagious and, yes, may fill an 
enormous void in this Nation's well-being.
  There being no objection, the article was ordered to be printed in 
the Record, as follows:

Character Counts for Bel-Air Pupils--Respect, Fairness Part of Learning

                          (By Tracy Dingmann)

       ``Remember R.A.K.''--random acts of kindness--say the 
     little pink and yellow sings posted all over Bel-Air 
     Elementary.
       Dotting the walls are bright blue certificates honoring 
     ``local heroes'' for their good deeds.
       And hand-lettered poems featuring ``caring,'' the word of 
     the month, decorate nearly every inch of the halls.
       What's happening here?
       It's called character education, and Bel-Air, at 4725 
     Candelaria NE, is the first Albuquerque Public Schools campus 
     to give it a try.
       Six months ago, Bel-Air adopted a national program called 
     Character Counts, which advocates infusing students with six 
     core values trust-worthiness, respect, responsibility, 
     fairness, caring and citizenship.
       The program was developed two years ago during a conference 
     in Aspen, Colo., by the Josephson Institute of Ethics, a 
     consortium of religious groups, community leaders, educators, 
     parents and students.
       Last week, the Albuquerque Public Schools board unanimously 
     endorsed putting Character Counts in all APS schools.
       Bel-Air staffers use various methods to teach students 
     about the values, from choosing films and books that reflect 
     them to setting up playacting situations, discussions and 
     word games.
       Lessons on values span all subjects and aren't confused to 
     any class, says assistant principal Dennis Romero.
       ``There is no set curricula,'' he said. ``The values are an 
     umbrella under which we do other things.''
       The program has brought good things to Bel-Air, says school 
     counselor Mary Jane Aguilar.
       For example, the number of slips issued to students for 
     discipline problems dropped from 64 in September to 17 in 
     December, she said.
       And a recent survey shows staffers heartily support the 
     initiative and see an improvement in student behavior both in 
     and outside the classroom.
       Perhaps more importantly, kids report feeling the changed 
     atmosphere.
       ``I feel safer,'' said fifth-grader Claire Long, who added 
     she had often been picked on by her classmates. ``Last year, 
     I would just put my head down on my desk and cry two or three 
     times a week.''
       Bel-Air principal Charles Lefnofsky said the school decided 
     to pioneer Character Counts for APS after a parent told 
     school workers they ``weren't living in the real world.''
       Schools preach against fighting; but the parent said in 
     ``real life,'' kids have to stick up for themselves and fight 
     back.
       ``We didn't realize it, but we had one set of rules, and 
     the community had another,'' said Aguilar.
       The problem isn't confined to the Bel-Air neighborhood, 
     Aguilar said. ``Violence as a first response really permeates 
     our youth. It's like that all over the city. It doesn't 
     matter where you are.''
       So the Bel-Air staff tackled the problem by inviting 
     students and their families to learn a different way to 
     react.
       The staff began by crafting a definition for each of the 
     six core values that all students could understand.
       For example, responsibility was defined as: ``You know what 
     is expected. You do what is expected. Others can depend on 
     you to know and do what it expected.''
       Making the words actually mean something to the children 
     was harder than it sounds, Romero said.
       Net, staffers identified certain actions associated with 
     each word, such as ``doing things without your mother 
     reminding you'' as examples of being trustworthy.
       Lastly, they encourage students to ``model'' the value 
     expressed in the word of the month.
       To reward those who do good things, Bel-Air holds 
     assemblies and hands our certificates.
       The school gets the whole community involved by discussing 
     the program at PTA meetings, bringing parents in to perform 
     skits during assemblies, and posting inspirational messages 
     on the school's marquee.
       Though teaching values has improved the school's 
     atmosphere, staffers at Bel-Air think the program will 
     eventually benefit the students academically, too.
       ``If kids feel safe, then they're able to focus on 
     academics, and not about who's going to beat them up after 
     school,'' Romero said. ``We're hoping test scores are going 
     to reflect that, but we don't know. It might take a couple of 
     years.''
       Launching the program district wide recently won support 
     from the board and the Albuquerque Teachers Federation, but 
     staffers at Bel-Air say they have concerns.
       The program won't work unless everyone at the school 
     believes in it and wants to do it, said Aguilar. Also, she 
     said putting the program together takes lots of work and time 
     and there's no instruction manual for doing it.
       ``If they don't make a real commitment, it will all go by 
     the wayside,'' she said.

  Mr. DOMENICI. There are many people I could mention, but I really 
want to acknowledge the efforts of three in particular: Don Whatley, 
who is the president of the American Federation of Teachers in New 
Mexico, has been a stalwart at pursuing this through his organization 
and through the school board. He will remain a leader, and I think with 
his leadership New Mexico can become a lead State in producing 
instructional material that will help our teachers, better inculcate, 
day by day, these six core character elements in our young people. Mary 
Jane Aguilar, who is the counselor in charge of the program--dynamite, 
enthusiastic, learning day by day and taking everything she can get to 
put together some kind of material so they can follow it up with the 
young people. And the vice principal, Dennis Romero, who is in charge 
of it.
  Madam President, I once again ask unanimous consent to have the joint 
resolution that the eight Senators I mentioned have signed on to 
printed in the Record, so those who have listened today will once again 
find the resolution and perhaps, as the letter to our colleagues 
circulates, they will connect this talk today with the resolution. I 
hope Senators will all join us because I think we must pass it and ask 
our President to start down this path.
  There being no objection, the resolution was ordered to be printed in 
the Record, as follows:

                             S.J. Res. 178

       Whereas young people will be the stewards of our 
     communities, Nation, and world in critical times, and the 
     present and future well-being of our society requires an 
     involved, caring citizenry with good character;
       Whereas concerns about the character training of children 
     have taken on a new sense of urgency as violence by and 
     against youth threatens the physical and psychological well-
     being of the Nation;
       Whereas more than ever, children need strong and 
     constructive guidance from their families and their 
     communities, including schools, youth organization, religious 
     institutions and civic groups;
       Whereas the character of a Nation is only as strong as the 
     character of its individual citizens;
       Whereas the public good is advanced when young people are 
     taught the importance of good character, and that character 
     counts in personal relationships, in school, and in the 
     workplace;
       Whereas scholars and educators agree that people do not 
     automatically develop good character and, therefore, 
     conscientious efforts must be made by youth-influencing 
     institutions and individuals to help young people develop the 
     essential traits and characteristics that comprise good 
     character;
       Whereas character development is, first and foremost, an 
     obligation of families, efforts by faith communities, 
     schools, and youth, civic and human service organizations 
     also play a very important role in supporting family efforts 
     by fostering and promoting good character;
       Whereas the Congress encourages students, teachers, 
     parents, youth and community leaders to recognize the 
     valuable role our youth play in the present and future of our 
     Nation, and to recognize that character is an important part 
     of that future;
       Whereas, in July 1992, the Aspen Declaration was written by 
     an eminent group of educators, youth leaders and ethics 
     scholars for the purposes of articulating a coherent 
     framework for character education appropriate to a diverse 
     and pluralistic society;
       Whereas the Aspen Declaration states that ``Effective 
     character education is based on core ethical values which 
     form the foundation of democratic society'';
       Whereas the core ethical values identified by the Aspen 
     Declaration constitute the Six Core Elements of Character;
       Whereas these Six Core Elements of Character are--
       (1) trustworthiness;
       (2) respect;
       (3) responsibility;
       (4) justice and fairness;
       (5) caring; and
       (6) civic virtue and citizenship.
       Whereas the Six Core Elements of Character transcend 
     cultural, religious, and socioeconomic differences;
       Whereas the Aspen Declaration states that ``The character 
     and conduct of our youth reflect the character and conduct of 
     society; therefore, every adult has the responsibility to 
     teach and model the core ethical values and every social 
     institution has the responsibility to promote the development 
     of good character.'';
       Whereas the Congress encourages individuals and 
     organizations, especially those who have an interest in the 
     education and training of our youth, to adopt these Six Core 
     Elements of Character as intrinsic to the well-being of 
     individuals, communities, and society as a whole; and
       Whereas the Congress encourages communities, especially 
     schools and youth organizations, to integrate these Six Core 
     Elements of Character into programs serving students and 
     children: Now, therefore, be it
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That the week 
     of October 16 through October 22, 1994, is designated as 
     ``National Character Counts Week'', and the President is 
     authorized and requested to issue a proclamation calling upon 
     the people of the United States and interested groups to 
     embrace these Six Core Elements of Character and to observe 
     the week with appropriate ceremonies and activities.

  Mr. DOMENICI. Madam President, I do not know where we go next, but I 
do think it is time we unshackle ourselves from the trepidation which 
has said to us for too long, ``Do not get involved.'' Because it is 
time that we get involved. We in the Congress can help, but we are not 
necessarily the ones who will make character building across this land 
successful or unsuccessful. From this Senator's standpoint, I honestly 
believe while we must pass laws--and we have already passed a couple of 
them today--I think it is far more important we involve ourselves in 
seeing what we can do to encourage the grassroots of America--grade 
schools, business people, parents and civic groups--to meet this issue 
head on. The interest and enthusiasm is there. I spoke to a business 
group while in New Mexico and I chose to wind up the speech with this 
issue, and more people waited to ask about how they could get involved 
in this effort, both on a personal and professional level, than on the 
other subjects--although I will note they all expressed genuine 
interest in the other subjects as well.
  Are people skeptical about it, especially when a politician talks 
about it? Yes.
  I unanimous consent to have printed in the Record this editorial page 
from the El Paso, Texas Times.
  There being no objection, the article was ordered to be printed in 
the Record, as follows:

                     [From the El Paso (TX) Times]

                       Going Beyond the Three R's


              schools should teach youngsters values, too

       There is a widespread sentiment in the United States that 
     the nation is losing the character and values on which it was 
     founded.
       Politicians are distrusted and the business world is 
     popularly regarded as unethical, but that is nothing new.
       What really worries many people is the perception that this 
     generation of young people is adrift and surrounded by 
     violence, drugs, crime and sexuality without the benefit of 
     firm values to help them through the storm.
       Two years ago, the Joseph & Edna Josephson Institute of 
     Ethics convened a group of eminent educators, youth leaders 
     and ethics scholars to arrive at a set of common values that 
     would transcend religious, political, cultural and socio-
     economic differences.
        What emerged was the ``Aspen Declaration'' that included a 
     list of six core values that are critical to the sound 
     foundation of a democratic society.
       The six--trustworthiness, respect for others, 
     responsibility, fairness, caring and citizenship--are values 
     with which few would disagree.
       The Josephson Institute wants to see young people 
     encountering these core values at home, in school and in 
     their outside organized activities.
       ``We figure if we can teach some at school and if parents 
     give them some at home and they get some more at baseball and 
     soccer practice, maybe it'll take,'' said Jozelle Smith, 
     director of the Institute's Youth Ethics Program.
       That is what it will take to begin to counter all of the 
     messages they are getting about what is acceptable and 
     unacceptable.
       U.S. Sen. Pete Domenici, R-N.M., leads a bipartisan group 
     of eight senators pushing for Senate endorsement of the 
     Josephson Institute's initiative and the approval of a 
     national ``Character Counts Week'' in October.
       ``It seems we are teaching kids about violence . . . 
     disregard for others and a lack of responsibility,'' Domenici 
     said last week. ``We need to look for a way to teach values 
     that would be meaningful, not dictatorial.''
       Domenici concedes that the Senate may seem a strange place 
     from which to be urging ethics on the rest of the country, 
     saying, ``Maybe we need to develop character, too.''
       And he is more than a little right when in saying, ``A 
     country without . . . character is lost.''
       The Senate can help, as can other institutions, from Little 
     League Baseball and the United Way to the National Council of 
     La Raza, which happens to be three of 35 national 
     organizations that are charter members of the Character 
     Counts Coalition.
       This effort to promote six core values could become just 
     another barrage of political rhetoric from Washington and 
     another chance for stars to act as though they care in 
     Hollywood. Or it could be the start of a serious attempt by 
     many thousands of middle Americans to reorient the country.
       The latter is possible if school districts will embrace the 
     idea of making core values an integral part of the 
     educational curriculum, starting in pre-kindergarten and 
     going through the last week of the senior year.
       Just last month, the Albuquerque public school system 
     endorsed the Character Counts concept, due largely to the 
     efforts of one woman, Mary Jane Aguilar, an elementary school 
     counselor who started a yearlong program this year to 
     inoculate students in her school with these core values.
       El Paso County's nine school districts should do the same 
     and commit to having programs in place by fall.
       Parents and communities would rally behind such efforts 
     without much prodding, for they are as worried as the rest of 
     America about what kind of country this is becoming.

  Mr. DOMENICI. Madam President, since El Paso is New Mexico's 
immediate neighbor, and because a significant portion of their 
newspaper's circulation is in my State, I chose to go to an editorial 
board meeting in El Paso to talk about this issue. They have two 
outside editorial board people and they were there. We talked for an 
hour.
  There was cynicism by one. In fact one said why should we expect 
people who are Members of Congress to have anything significant to say 
about this?
  My response was, as best I could: Well, if we are really waiting 
around for leaders--locally, county, State, national--who are without 
blame for anything that has happened in the country, who have always 
been absolutely beyond reproach, who maybe have not done all they 
should about character development in the country, then I think we will 
have to wait around for the second coming. Because there will be no one 
around.
  My answer must have worked, because a full editorial page was devoted 
to the subject, ``Going Beyond the Three R's.'' I have made that a part 
of the Record.
  Madam President, I want to close by suggesting that I am not here to 
overstate our case as elected political leaders of the country; nor to 
understate it. Nor to indicate that the development of something like 
this, perhaps a sea of change in the country with reference to this--I 
am not suggesting this Senator or any I know are going to be the cause 
of making that work. But I think we can join together and say we want 
to encourage and help local groups that want to be involved, from 
families to businesses to schools to teacher groups and any kind of 
institution that is interested in our country's future. I think there 
is a chance that with the innovation and skills of Americans who know 
how to teach--I think there is a real probability that if we worked 
with them, and pushed, prompted, asked, and encouraged, we can come up 
with some very exciting ways to have the young people of this country 
thinking about character: trustworthiness, respect, responsibility, 
fairness, caring, and citizenship.
  I do not think that these six elements are the end-all of all 
qualities of character. But I submit we ought not debate for 5 years or 
10 what we think they are either. I think the sooner the better, that 
we get on with trying to talk about these particular six, and saying 
that obviously at the local level or in a school you can talk about 
others but let us begin by supporting these six.
  So beyond the three people in my State and the three things I asked 
be put in the Record, I want to say there are already thousands of 
people working on this who are legitimately concerned, and there are 
hundreds of organizations working out there, many of which have joined 
with this coalition. There are countless others taking their own paths, 
their own approaches to building character. But I submit that if you 
can get eight Senators like we did, with varying ideological and 
philosophical differences, to say, ``let us do something about this,'' 
and when no one within any group seems to object to these six elements 
of good character, I submit the time is right for us to move beyond the 
argument of whose values we mean--let us start with these six--and 
start to focus on how we might get involved in a meaningful way.
  I do not have solutions to how far we should go as a branch of 
Government, but I can say there is going to be a need for the 
development of instructional material and helping our teachers learn 
how to do this in a way they are comfortable with and meets the full 
expectations of parent groups and the community. I think that is the 
next thing we will be confronted with.
  I hope we will pass our resolution and that the President will help 
us. But I am also concerned as to where the resources are assembled for 
the development of the kinds of pedagogic equipment--instructional 
material and the like--to go forward with this. Also, where the 
business community will go to find help in pursuing it.
  I close today by saying there is no doubt in my mind that a man's 
character is a man's fate. There is no doubt in my mind that a country 
without character is lost, and that a country cannot have character if 
its people have no character.
  So it seems to me through a very fortunate series of things the 
Senator from New Mexico happens to be involved in this, and I am 
hopeful a lot more people will be. I will continue until we see, 
collectively, whether it will succeed and where it will go.
  Madam President, I rise in support of this bill.
  I would like to congratulate the distinguished chairman and ranking 
member for bringing this bill to the floor.
  This bill would provide the Secretary of Agriculture with broad 
authority to transfer and consolidate functions and resources within 
the Department in order to improve the efficiency and economy of 
existing programs.
  The bill would also require the Secretary to reduce staff levels at 
USDA by at least 7,500 staff years by September 30, 1999, with 
proportionally greater reductions in the headquarters staff than in the 
field.
  The bill also consolidates all the farm programs into a single farm 
service agency, and closing and consolidation over 1,100 county offices 
and reducing the number of independent agencies from 43 to 28.
  Madam President, this bill establishes a single, consolidated natural 
resource conservation service and gives local control over final 
decisions on program recipients to county ASCS committees.
  This bill is the first step in creating a smaller and more efficient 
USDA.
  This bill would benefit the users of USDA programs by consolidating 
field offices and agencies. The farmer would only have to make one 
visit to one office instead of making three different stops at three 
different agencies.
  Madam President, the Congressional Budget Office estimates that 
enactment of this bill would reduce Federal outlays for the 
Department's activities by $890 million over the next 5 years, assuming 
appropriations are reduced.
  These savings are due to the reduction of 7,500 staff years over the 
5-year period and a reduction in overhead costs.
  I would not mislead my colleagues by saying that enactment of this 
bill would, in reality, reduce outlays. These savings are achieved on 
the discretionary side of the budget which are constrained by the 
discretionary caps.
  These saving were already assumed by the administration in its budget 
submission and in the congressional budget resolution that passed the 
Senate.
  Mr. FEINGOLD. Madam President, as a member of the Agriculture 
Committee, I rise in support of S. 1970, the USDA reorganization bill. 
I applaud Chairman Leahy and Senator Lugar for their leadership in this 
area and for working so diligently to reach consensus in the committee 
and in bringing this bill to the floor so quickly. I also commend the 
Secretary of Agriculture, Mike Espy, for taking the initiative to 
propose such a massive and comprehensive reorganization.
  This reorganization is expected to save $2.3 billion over the next 5 
years. That is a significant level of savings that can be achieved 
simply by making changes that make sense. They make sense for the 
farmer, the consumer and the taxpayers who foot the bill.
  When the Agriculture Committee considered this legislation, there 
were many contentious issues associated with this reorganization. There 
was, however, virtually unanimous agreement that we needed to 
reorganize the Department so that its structure more accurately 
reflected the mission and functions of USDA. We also needed to 
consolidate agencies that had been created and expanded since the USDA 
was created so many years ago.
  The structure of agriculture has changed greatly since USDA was 
created in 1862 with dramatically fewer farmers producing more food on 
less land. As such, USDA's traditional methods for providing services 
need revamping and the very large number of field offices must be 
reduced while services should be provided in a more efficient manner. 
S. 1970 provides the Secretary with the tools to accomplish the closing 
and collocation of field offices and the streamlining of services. This 
aspect of the reorganization was one component of my 82-plus-point plan 
for deficit reduction.
  The scope of the Department has grown far beyond production 
agriculture but rather encompasses food safety, environment, research, 
nutrition, hunger prevention, and international trade. This 
reorganization recognizes that by establishing a new Assistant 
Secretary for Food Safety, by creating the Natural Resources 
Conservation Service to handle virtually all conservation programs 
within the Department, by establishing an Under Secretary for Food and 
Consumer Services to better manage the nutrition and antihunger 
functions of the Department and by consolidating many agencies that 
conduct similar services and perform like functions.
  As a Member of the Senate from an agricultural State, it is extremely 
important to me that we achieve an equitable consolidation and 
streamlining among all of the functions of the Department and between 
the headquarters and field offices. I am very pleased that my proposal 
to achieve greater consolidation in the research functions of the USDA 
have been included in this bill with the cooperation of my colleagues. 
By including my proposal to consolidate the Economic Research Service 
and the National Agricultural Statistics Service into the Agricultural 
Economics and Statistics Service, I think we have achieved an equitable 
consolidation.
  While putting this bill together in the Senate took considerable 
effort on the part of the Department and the Senate Agriculture 
Committee, this was, unfortunately, the easy part. The hard part will 
be making this reorganization a reality at both the headquarters level 
and in the field. I look forward to working with the Secretary of 
Agriculture and farmers and consumers in Wisconsin to implement these 
very important changes to the benefit of all parties.
  This is a groundbreaking piece of legislation that strikes the fat 
from bureaucracy, eliminates over 7,500 employees from the payroll, and 
takes a stab at the headquarters level before asking farmers to make 
substantial changes. It saves taxpayers over $2 billion in the short 
run, and much more in the long run. This bill makes sense. It should be 
a model for the reorganization of other departments and I urge my 
colleagues to support it.
  Mr. JEFFORDS. Madam President, I rise in strong support of S. 455, a 
bill to increase the Federal Government's payments in lieu of taxes, 
[PILT] program. These are funds sent to local communities to offset 
property taxes which would otherwise be paid by private landowners.
  I think it is high time we acted to bring the PILT payments closer to 
economic realities, and that is why I've long been a supporter of this 
concept as well as a cosponsor of this particular bill.
  As one who has consistently supported land acquisitions by the U.S. 
Forest Service in Vermont, I say to my colleagues that we cannot assume 
that the general population will continue to support such expenditures 
if the Federal Government is not willing to pay its fair share for 
local impacts of Federal ownership. We must raise the PILT to a more 
meaningful level, and, moreover, tie the PILT to the Consumer Price 
Index in order to account for annual inflation.
  This bill does both.
  We could argue for years over the appropriate benchmark for the PILT. 
Indeed, the fact that the PILT has not been increased since its 
inception in 1976--in fact, it has been eroded by inflation--is partly 
due to disagreements over the appropriate payment amount. Perhaps if we 
had originally indexed the PILT to the inflation rate we could have 
avoided the controversies of today.
  I support the levels set by S. 455. In brief, the payment would rise 
in increments from the current $.75 per acre to $1.65 per acre by 
fiscal year 1999, after which payments would be increased in proportion 
to the Consumer Price Index. Rather than delay passage over protracted 
debate, I think we should agree to the numbers set by the Energy and 
Natural Resources Committee and move promptly to passage.
  I realize such increases must be offset by reductions in other 
Federal programs, but I think PILT payments are a priority.
  While the PILT payments will remain--in the vast majority of cases--
well below property tax levels paid by private owners, I believe there 
is a growing recognition of the values derived from public ownership. 
Some of these can be quantified, others cannot.
  In general terms, our world is becoming a smaller place, and it is 
important to reserve from development natural areas for public 
enjoyment and wildlife habitat. No longer can we take for granted the 
public benefits that have so long been provided by private landowners.
  More and more, we are seeing landowner associations being formed to 
restrict public access to places long favored by locals. More and more, 
residences are being developed in areas long utilized by wildlife. More 
and more, land management practices strip away long-term values for 
short-term gains.
  I am not an alarmist over these realities. Indeed, conversion rates 
have slowed in some respects. But I do support a continuation of long-
term conservation strategies, including Federal land purchases when 
appropriate. And I feel the PILT program must be adjusted upward in 
order to maintain public support.
  Finally, I want to mention that emerging studies are beginning to 
quantify the economic benefits associated with public ownership. In 
Vermont, case studies have focused on the economic impacts of land 
conservation compared to such impacts from residential or commercial 
development. What we're finding is that land left in its natural state, 
since it does not typically require additional public investments in 
roads, education, and municipal services, is often more cost 
effective--from the town's perspective--than if such land is developed.
  Of course, the best case--again, from the town's perspective--might 
be private ownership of undeveloped land and carefully planned 
development. But as I've mentioned, the dynamics of private ownership 
often cannot provide the long-term benefits of public ownership. 
Adjustment of the PILT will help cushion the impacts of ownership 
changes in the short term, and encourage continuation of public and 
local support for the long term.
  And so, Madam President, I encourage Senate approval of S. 455. Let's 
bring the PILT back in line with its original purposes by restoring 
inflationary losses. This is an issue that we cannot simply ignore.
  Mr. COCHRAN. Madam President, I support this Department of 
Agriculture reorganization bill as reported by the Agriculture 
Committee. With over 112,000 employees and an annual budget in excess 
of $60 billion it is one of the largest departments in the U.S. 
Government. It will be a big job to streamline and improve the delivery 
and efficiency of services to farmers, while not compromising the 
quality and availability of those services.
  During Secretary Espy's confirmation hearing, he said that his 
reorganization preference for the Department would begin at the 
Washington level. I am pleased to see that this is the approach the 
Secretary is authorized to take in this bill.
  Since 1980, the number of U.S. farms has declined by over 14 percent, 
while the average farm size has increased by 10 percent over the same 
time period. Although the number of farms is declining, the number of 
farmers participating in the numerous farm programs is increasing. In 
addition, the Department of Agriculture has experienced more demanding 
responsibilities, with the new requirements of each successive farm 
bill. There is much more complexity in all farm programs, as well as 
increased environmental and conservation compliance requirements.
  While we all want to end Government waste and improve efficiency to 
get the most out of Federal funds, we must also recognize that the 
Department of Agriculture supports the largest industry in our Nation. 
Agriculture provides jobs for 21 million people while contributing $18 
billion to our Nation's trade surplus. The Department of Agriculture 
and its programs help our farmers overcome unfair trade practices in 
foreign markets, promote the export of our agricultural products, 
ensure the safety of our Nation's food supply, helps provide credit to 
rural landowners, and provides food and nutrition assistance to those 
who are disadvantaged.
  I am glad this bill maintains the county committee structure. Each 
State Farm Service Agency committee will be responsible for determining 
if a county committee is to be merged with another county committee in 
the event that a county loses its field office. This allows State 
committees to have direct oversight in the consolidation of county 
committees in consultation with the Secretary.
  The bill also contains language which establishes the Natural 
Resources Conservation Service as a separate agency responsible for all 
conservation and environmental programs administered by USDA. The 
establishment of the Natural Resources Conservation Service has been a 
major issue in the development of this legislation. The controversy 
surrounding the Natural Resources Conservation Service has been the 
administration of the Agricultural Conservation Program. Currently, 
ASCS has total control over the administration of ACP. The compromise 
in this bill allows the Natural Resources Conservation Service and the 
Farm Service Agency to jointly set guidelines and priorities for the 
ACP at the Washington and State levels. All technical assistance at the 
county level will be provided by the Natural Resources Conservation 
Service. The Farm Service Agency at the county level will be 
responsible for compliance oversight and payment to the farmer for cost 
share assistance. The county committee will continue to make the final 
decision on which applicants are eligible to receive cost share 
assistance under the ACP. This compromise allows both the Farm Service 
Agency and the Natural Resources Conservation Service to have a shared 
role in administering this conservation cost share program.
  I thank the distinguished chairman and ranking member of the 
Agriculture Committee for their good work on this important 
legislation. I urge my colleagues to support this bill.
  Mr. DOLE. Madam President, during the early eighties, President 
Reagan organized the President's Private Sector Survey on Cost Control, 
the so-called Grace Commission, to evaluate ways to streamline 
Government agencies and programs. While some of those recommendations 
were adopted, most were left untouched.
  Later, under President Bush, Secretary of Agriculture Ed Madigan 
continued in the spirit of the Grace Commission by developing a plan 
which significantly reorganized the U.S. Department of Agriculture. 
After many years of hard work by both Republicans and Democrats, we 
have before us a bill which streamlines the USDA. I commend Secretary 
Espy for continuing the legacy left by his Republican predecessors.
  This legislation is a compromise between many competing interests. I 
believe all of us agree that USDA, and for that matter other Federal 
agencies, should be reorganized. The issue at hand is how to best go 
about it.
  Madam President, Secretary Espy said last year that the consolidation 
should start at the top. While many of us agreed with his approach, it 
obviously will not be an easy task. Federal jobs--whether in Washington 
or at the local level--seem to be viewed by many as permanent unless 
they are in somebody else's country or State.
  My chief concern with reorganization has been that local service to 
the farmer be maintained. While there were attempts to take away local 
control, in the end we developed a plan that allows farmers to control 
their area offices through a farmer-elected county committee structure.
  I am hopeful the administration will be willing to go even further 
and offer some fresh proposals that get at the real problem--the laws 
passed by Congress and the regulations promulgated by USDA agencies. We 
simply cannot continue feeding an ever-growing bureaucracy by creating 
new programs and expanding those that already exist. The farmer is at 
the other end bearing the brunt of all of this well-intentioned yet 
costly and time-consuming paperwork.
  Last year I wrote Vice President Gore asking that as we move through 
the debate on reinventing Government, we take a serious look at 
reducing paperwork to the farmers, ranchers, and small business men and 
women. I pointed out the Agricultural Program Reporting and 
Recordkeeping Improvement Act, which was included in the 1990 farm 
bill. The act instructed USDA to develop a method for decreasing 
paperwork for farmers and ranchers. I further encouraged the Vice 
President to consider adopting a goal of reducing these paperwork 
requirements by 50 percent within 2 years.
  I understand USDA is now working toward these goals through such 
programs as Info Share and I commend Secretary Espy for his efforts in 
this area. I urge the Department to continue to work toward the end 
goal that we set in 1990.
  I hope the USDA reorganization bill is the first of many agency 
reorganization bills that come before the Senate. The people have made 
it clear that they want a smaller, less intrusive, more efficient 
Government and this bill responds to those demands.
  Mr. BURNS. Madam President, I rise today to support the bill before 
the Senate, Senate bill 1970. While I do have some reservations about 
this bill, I believe the U.S. Department of Agriculture does need some 
revamping--the USDA needs to change with the times.
  American agriculture does not just feed our own people, it feeds the 
world. My State of Montana produces much of the food consumed within 
the United States and throughout the world. Montana exports beef, 
wheat, and other commodities. Our agricultural communities can provide 
our entire Nation with its daily bread. And I don't want to see that 
change.
  Streamlining the USDA is important for two important reasons. We need 
the USDA to be more efficient to be more responsive to farmers and 
ranchers.
  S. 1970 will streamline Federal employment in the USDA at a savings 
of $1.3 billion through 1998. Streamlining departmental administration 
will save an additional $1 billion. The headquarters in Washington will 
be consolidated and that's something everyone agrees should take place.
  I do have concerns regarding the closing 1,100 county offices. I 
think that this bill should have taken a greater look at making cuts in 
Washington so that some of these field offices would not be affected. I 
think we are cutting the bureaucracy at the wrong end.
  While I do have concerns regarding these cuts, I believe over all 
this bill is important in moving the USDA forward to better serve 
American agriculture.
  Mr. MITCHELL. If I might have the attention of the distinguished 
chairman and ranking minority member of the Agriculture Committee for a 
brief colloquy.
  As both the chairman and ranking member know, section 1704 of the 
1985 farm bill, Public Law 99-198, requires the Secretary of 
Agriculture to perform random spot checks of potatoes entering the 
United States through ports of entry in the northeastern United States 
and to report annually to the Agriculture Committees of the House and 
Senate on the results of the spot checks.
  Under those provisions, USDA has conducted a program of spot 
inspections along the Maine-Canadian border for the past several years 
and has reported annually to the House and Senate committees the 
results of such inspections.
  During consideration of the 1990 farm bill, it was the view of the 
U.S. Department of Agriculture, in a July 2, 1990 letter from then--
USDA general counsel, Alan Charles Raul, that section 1704 was 
permanent legislation that did not require reauthorization in the 1990 
farm bill.
  I would ask the floor managers if this history conforms to their 
understanding of the annual random checks undertaken by USDA under 
section 1704 of the 1985 farm bill?
  Mr. LEAHY. The majority leader has correctly provided the history of 
the annual spot inspections of Canadian potatoes entering through Maine 
ports of entry under section 1704.
  Mr. COHEN. Section 105 of S. 1970 requires the Secretary to review 
with the House Agriculture Committee and the Senate Agriculture, 
Nutrition, and Forestry Committee those reports which the Department is 
currently required by law to provide but which should be eliminated.

  In recent weeks, the Maine Potato Board has contacted Senator 
Mitchell and me asking that the annual spot inspections of Canadian 
potato imports through Maine ports of entry be discontinued. Given the 
language included in section 105 of this legislation, is it the view of 
the floor managers that if section 105 is enacted into law that repeal 
of section 1704 is not necessary to discontinue the inspection 
requirement on the part of the Secretary of Agriculture. Is it the view 
of the floor managers that the Secretary could determine this report as 
unnecessary and simply discontinue conducting the annual inspections 
and subsequent reports?
  Mr. LUGAR. As principal author of section 105 I would tell the 
Senators from Maine that it is my understanding that if this language 
is included in the final bill signed by the President that repeal of 
section 1704, Public Law 99-198 would not be necessary for the 
Secretary to discontinue these inspections.
  Mr. LEAHY. I concur with the sentiments of the ranking member that 
section 105 of S. 1970 could negate the need for specific repeal of the 
inspection and reporting authority, if the Secretary so chose. I would 
be willing to work with the Senators from Maine, the distinguished 
ranking member and the Secretary to include these reports in the list 
of those reports the Secretary eliminates.
  Mr. MITCHELL. I thank both floor managers. Senator Cohen and I 
appreciate the attention of the distinguished Senators from Vermont and 
Indiana to this matter. I look forward to working with them, Senator 
Cohen and the Secretary in seeing that these unnecessary inspections 
and annual reports are discontinued.
  Mr. COHEN. I also thank the distinguished floor managers for their 
attention to this matter which is of significant importance to the 
Maine Potato Board and the potato industry in general.
  Mr. DASCHLE. Madam President, I would like to take this opportunity 
to express my support for S. 1970, the USDA reorganization bill, and to 
urge all of my colleagues to endorse this ambitious effort.
  The plan outlined in S. 1970 represents the most comprehensive effort 
ever undertaken to reorganize USDA. It cuts bureaucracy and spending 
without diminishing services, and reflects the essence of the 
President's call to reinvent Government.
  Secretary Espy deserves praise for the time and effort he devoted to 
the preparation of the administration's reorganization proposal. He 
embraced the President's directive to streamline Government with 
enthusiasm, and produced a reorganization plan that should serve as a 
model for other Federal agencies.
  I also wish to commend Chairman Leahy, Senator Lugar, and my other 
colleagues on the Senate Agriculture Committee for their contribution 
to this effort. They worked tirelessly to shape a proposal that will 
not only save taxpayers more than $2 billion over the next 5 years, but 
will also deliver more efficient service to farmers.
  The need for reorganization is unquestioned. Today, USDA encompasses 
a much broader range of missions and programs than it did in the 1930's 
when the present structure was created. In addition to food and 
agricultural production, USDA's programs now focus on such vital issues 
as conservation, food safety, rural development, and expansion of 
markets for agricultural products.
  The Department must continue to change if it is to meet the needs of 
agriculture in the 21st century and, at the same time, address the 
serious budget problems that face our Nation. This reorganization plan 
serves those goals.
  The task of restructuring this massive organization to face budgetary 
realities and at the same time meet the needs of its various missions 
was not easy. USDA cannot afford to reorganize simply by changing 
agency names or redrawing boxes on organizational charts.
  It has been my view that a substantive reorganization plan must meet 
three major objectives: First, enhancing the efficiency of service to 
farmers; second saving taxpayers' money; and third improving the 
coordination of USDA programs.
  Moreover, any effort to meet this challenge must start at USDA 
headquarters with a review of all department facilities and 
administrative offices here in Washington. We cannot tolerate a plan 
that cuts only field staff while condoning ``business as usual'' in 
Washington. USDA must focus on streamlining its administrative 
structure first.
  That is exactly what has been done. Currently, USDA conducts 
administrative operations at 16 scattered locations in and around 
Washington. S. 1970 requires consolidation of these local headquarters 
offices, which will both save money and facilitate better program 
coordination within the Department.
  Above all else, service to agricultural producers must take high 
priority in the new USDA. Any changes we make to the present structure 
must enhance the quality of service.
  The new Farm Services Agency established by S. 1970 will accomplish 
this goal by providing farmers with easier access to USDA programs 
through consolidation at the local level. To further improve service in 
the future, I have asked USDA to launch pilot programs across the 
country that will allow farmers to conduct their business with the Farm 
Services Agency right from their farms, using telephones, fax machines, 
or computers. When implemented, this program could save farmers a great 
deal of valuable time.
  Another provision that we have worked hard with the administration to 
include in this bill is the consolidation of all USDA food-safety 
functions into one independent agency within USDA that reports directly 
to the Secretary of Agriculture. A single, independent food safety 
agency within the Department will allow for a greater emphasis on food 
safety and better program coordination, in keeping with the 
Department's commitment to address food safety from the farm to the 
table. It will also separate food safety functions from marketing and 
promotion programs, which, in the present structure, has been a source 
of considerable criticism. Such a move will facilitate the 
implementation of Secretary Espy's comprehensive initiatives to improve 
the safety of all USDA-inspected food products, to the benefit of 
consumers and producers alike.
  I am pleased with the package of reforms included in S. 1970. This 
reorganization plan holds advantages for everyone, and it is worthy of 
the Senate's support.
  Mr. LEAHY. Madam President, we have one or two housekeeping items to 
complete and we will go to final passage on this bill, I believe.
  In the meantime, I will suggest the absence of a quorum.
  The PRESIDING OFFICER. The absence of a quorum has been suggested. 
The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. LEAHY. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
   The PRESIDING OFFICER. Without objection, it is so ordered.


                 Amendment Nos. 1630 and 1631, en bloc

  Mr. LEAHY. Madam President, I send two amendments to the desk and ask 
unanimous consent that they be considered en bloc, and passed, en bloc.
  The PRESIDING OFFICER. Without objection, the amendments will be 
considered en bloc.
  Is there debate?
  Mr. LUGAR. Madam President, on our side of the aisle, we support the 
amendments. They have been worked out carefully by the distinguished 
staffs on both sides of the aisle and are under the authorship of the 
distinguished Senator from Wyoming [Mr. Simpson], and we tried to 
accommodate his very constructive intent.
  Mr. LEAHY. Madam President, the other one of the two amendments was 
authored by the distinguished Senator from South Dakota [Mr. Daschle]. 
That also has been worked out on both sides.
  The PRESIDING OFFICER. The question is on agreeing to the amendments.
  The amendments (Nos. 1630 and 163l) were agreed to.
  The amendments were agreed to as follows:


                           Amendment No. 1630

  Mr. LEAHY offered an amendment No. 1630 for Mr. Daschle.
  The amendment is as follows:

       At the appropriate place, insert:

     SECTION 1. ELIMINATION OF DUPLICATIVE INSPECTION 
                   REQUIREMENTS.

       (a) In General.--The Secretary of Agriculture shall--
       (1) eliminate inspections of pilots and aircraft by the 
     Department of Agriculture; and
       (2) develop with the Administrator of the Federal Aviation 
     Administration inspection specifications and procedures by 
     which aircraft and pilots contracted by the United States 
     Department of Agriculture will be inspected. The 
     Administrator will ensure that the inspection specifications 
     and procedures are met.
       (3) permit the utilization by the Department of Agriculture 
     of inspections and certifications of pilots and aircraft 
     conducted by the Federal Aviation Administration.
       (b) Applicability.--An inspection requirement shall be 
     eliminated pursuant to subsection (a)(1) only if the pilots 
     and aircraft are inspected by the Federal Aviation 
     Administration for compliance with the safety regulations of 
     the Federal Aviation Regulations.


                           amendment no. 1631

  Mr. LEAHY offered an amendment No. 1631 for Mr. Simpson.
  The amendment is as follows:

       On page 5, line 21, delete ``function or''.
       On page 70, after line 25, add the following: ``The 
     compensation of any person serving as an Administrator shall 
     not be raised by this Act.''.
       This amendment clarifies certain authorities and prevents 
     compensation increases.

  Mr. LUGAR. Madam President, I move to reconsider the vote by which 
the amendments were agreed to.
  Mr. LEAHY. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed for a third reading, and was 
read the third time.
  The PRESIDING OFFICER. Is there further debate on the bill?
  Mr. LEAHY. Madam President, we are ready, as I understand it, to now 
vote on final passage. I see another distinguished member of the 
committee. Does he wish to speak before or after passage?
  Mr. McCONNELL. Madam President, I understand that the leaders of 
committee are anxious to move forward. Let me indicate my approval of 
this legislation, in particular, the decision not to radically 
restructure the county committees.
  It was the administration's original intent to dramatically change 
the nature of rural county committees, particularly in that the farmers 
would no longer control the selection of those committees. That effort 
was dropped in the committee, for which I want to thank the chairman 
and ranking member. I think the committees now do continue to reflect 
the need for farmer input at the local level. I appreciate the support 
of the chairman and ranking members.
  I support a reorganization of USDA which would streamline the 43 
separate agencies and better coordinate the 250 individual programs 
under its authority. I do not believe the Department, as it is 
presently structured, is adequately prepared to fulfill its future 
responsibilities. The bureaucratic maze is in desperate need of repair, 
but I do not want organizational changes to occur at the expense of the 
quality of services provided to our farmers.
  In today's atmosphere, helping solve a farmer's groundwater problem 
is as important to keeping them in business as is maintaining the level 
of the support price. Assuring consumers their food is safe and 
wholesome is just as critical a role for USDA as developing a new 
variety of seed corn. Services should be delivered more quickly, more 
reliably, and more cost effectively. If we who consider ourselves 
advocates for American agriculture do not improve this mess it will be 
done for us and not necessarily in a friendly way.
  Environmental and natural resource issues will remain a cornerstone 
to the future of farming. It is important that you recognized this in 
your plan and designated an agency to direct these efforts. The 121 
conservation districts in Kentucky have done remarkable work in leading 
local farmers in a new and better way of farming. I am glad their work 
will not be lost in this reorganizational shuffle.
  In the administration's original proposal, section 303 permitted the 
Secretary, in consultation with the State committee, to terminate, 
combine and consolidate county committees. The administration had also 
proposed combining the existing ASCS County Committee into one FSA 
Committee.
  This meant the county or area committees would consist of five 
members. Three would be elected by farmers in the area or county and 
two would be appointed by the Secretary.
  I had strong objections to combining the county or area committees. I 
also objected that two of the five committee members would be appointed 
by the Secretary.
  I had planned to offer an amendment to retain the existing committee 
system in full committee markup. However, my amendment was adopted in 
committee staff deliberations before full committee markup.
  I am proud of my efforts to retain the existing State and County 
Agricultural Stabilization and Conservation Service committee 
structure. The Secretary will be able to designate local administrative 
areas and no such local administrative area shall include more than one 
county. The local committees shall elect a three-member committee 
consisting of farmers in the area served. Committee members are elected 
for a 3-year term and no member shall serve more than three consecutive 
terms. The State committee shall be composed of no fewer than, and no 
more than, five members with the members being appointed by the 
Secretary. This structure not only works well but provides confidence 
and continuity.
  Most of the complaints I hear from Kentucky farmers is the paperwork 
is too excessive and the programs are too restrictive. USDA is simply 
too large, too complex, too divided, and too uncoordinated. S. 1970, 
the Department of Agriculture Reorganization Act of 1994, as reported 
from the Committee on Agriculture, Nutrition, and Forestry, provides 
the direction, flexibility, and improved management to provide the best 
quality of services to our farmers.
  Streamlining USDA is more than changing the organization chart.
  I would like to thank Chairman Leahy and Senator Lugar for including 
my proposal on the farm services committee structure. Mr. President, I 
yield the floor.
  Mr. LUGAR. Madam President, I would like to take this occasion to 
commend the distinguished Senator from Kentucky. He did bring very 
forcefully to the attention of the committee a desire of farmers 
throughout this country to name the three members of the county 
committees. I believe it is my recollection--the chairman may have the 
same one--that our committee was really unanimous in that finding. It 
was sound. So I simply want to reassure farmers throughout the country 
that those three members are theirs, and that remains in the bill.
  I thank the Chair.
  The PRESIDING OFFICER. Is there further discussion?
  If not, the bill having been read the third time, the question is, 
Shall the bill pass? On this question, the yeas and nays have been 
ordered, and the clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. FORD. I announce that the Senator from Alabama [Mr. Shelby] is 
absent because of illness.
  The PRESIDING OFFICER (Mrs. Boxer). Are there any other Senators in 
the Chamber who desire to vote?
  The result was announced--yeas 98, nays 1, as follows:

                      [Rollcall Vote No. 91 Leg.]

                                YEAS--98

     Akaka
     Baucus
     Bennett
     Biden
     Bingaman
     Bond
     Boren
     Boxer
     Bradley
     Breaux
     Brown
     Bryan
     Bumpers
     Burns
     Byrd
     Campbell
     Chafee
     Coats
     Cochran
     Cohen
     Conrad
     Coverdell
     Craig
     D'Amato
     Danforth
     Daschle
     DeConcini
     Dodd
     Dole
     Domenici
     Dorgan
     Durenberger
     Exon
     Faircloth
     Feingold
     Feinstein
     Ford
     Glenn
     Gorton
     Graham
     Gramm
     Grassley
     Gregg
     Harkin
     Hatch
     Hatfield
     Heflin
     Helms
     Hollings
     Hutchison
     Inouye
     Jeffords
     Johnston
     Kassebaum
     Kempthorne
     Kennedy
     Kerry
     Kohl
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lott
     Lugar
     Mack
     Mathews
     McCain
     McConnell
     Metzenbaum
     Mikulski
     Mitchell
     Moseley-Braun
     Moynihan
     Murkowski
     Murray
     Nickles
     Nunn
     Packwood
     Pell
     Pressler
     Pryor
     Reid
     Riegle
     Robb
     Rockefeller
     Roth
     Sarbanes
     Sasser
     Simon
     Simpson
     Smith
     Specter
     Stevens
     Thurmond
     Wallop
     Warner
     Wellstone
     Wofford

                                NAYS--1

       
     Kerrey
       

                             NOT VOTING--1

       
     Shelby
       
  So the bill (S. 1970), as amended, was passed, as follows:

                                S. 1970

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Department 
     of Agriculture Reorganization Act of 1994''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.

             TITLE I--GENERAL AUTHORITIES OF THE SECRETARY

Sec. 101. Delegation of functions to the Secretary.
Sec. 102. Reorganization.
Sec. 103. Personnel reductions.
Sec. 104. Consolidation of headquarters offices.
Sec. 105. Reports by the Secretary.

                  TITLE II--NATIONAL APPEALS DIVISION

Sec. 201. Definitions.
Sec. 202. National Appeals Division and Director.
Sec. 203. Transfer of functions.
Sec. 204. Personnel of the Division.
Sec. 205. Notice and opportunity for hearing.
Sec. 206. Informal hearings.
Sec. 207. Rights of participants.
Sec. 208. Division hearings and Director review.
Sec. 209. Judicial review.
Sec. 210. Implementation of final determinations of Division.
Sec. 211. Decisions of State and county committees.
Sec. 212. Prohibition on adverse action while appeal is pending.
Sec. 213. Relationship to other laws.
Sec. 214. Evaluation of agency decisionmakers and other employees.
Sec. 215. Conforming amendments.

            TITLE III--FARM AND INTERNATIONAL TRADE SERVICES

Sec. 301. Under Secretary for Farm and International Trade Services.
Sec. 302. Farm Service Agency.
Sec. 303. State and county committees.
Sec. 304. International Trade Service.

           TITLE IV--RURAL ECONOMIC AND COMMUNITY DEVELOPMENT

Sec. 401. Under Secretary for Rural Economic and Community Development.
Sec. 402. Rural Utilities Service.
Sec. 403. Rural Housing and Community Development Service.
Sec. 404. Rural Business and Cooperative Development Service.

            TITLE V--FOOD, NUTRITION, AND CONSUMER SERVICES

Sec. 501. Under Secretary of Agriculture for Food, Nutrition, and 
              Consumer Services.
Sec. 502. Food and Consumer Service.
Sec. 503. Nutrition Research and Education Service.

              TITLE VI--NATURAL RESOURCES AND ENVIRONMENT

Sec. 601. Natural Resources Conservation Service.
Sec. 602. Reorganization of Forest Service.

              TITLE VII--MARKETING AND INSPECTION SERVICES

Sec. 701. Grain Inspection, Packers and Stockyards Administration.

             TITLE VIII--RESEARCH, ECONOMICS, AND EDUCATION

Sec. 801. Federal Research and Information Service.
Sec. 802. Cooperative State Research and Education Service.
Sec. 803. Agricultural Economics and Statistics Service.
Sec. 804. Program Policy and Coordination Staff.

                         TITLE IX--FOOD SAFETY

Sec. 901. Food Safety Service.

                         TITLE X--MISCELLANEOUS

Sec. 1001. Assistant Secretaries of Agriculture.
Sec. 1002. Removal of obsolete provisions.
Sec. 1003. Additional conforming amendments.
Sec. 1004. Termination of authority.
Sec. 1005. Elimination of duplicative inspection requirements.

     SEC. 2. PURPOSE.

       The purpose of this Act is to provide the Secretary of 
     Agriculture with the necessary authority to streamline and 
     reorganize the Department of Agriculture to achieve greater 
     efficiency, effectiveness, and economies in the organization 
     and management of the programs and activities carried out at 
     the Department.

     SEC. 3. DEFINITIONS.

       As used in this Act (unless the context clearly requires 
     otherwise):
       (1) Administrative unit.--The term ``administrative unit'' 
     includes--
       (A) any office, administration, agency, institute, unit, or 
     organizational entity, or component thereof, except that the 
     term does not include a corporation; and
       (B) any county, State, or area committee, as established by 
     the Secretary.
       (2) Department.--The term ``Department'' means the United 
     States Department of Agriculture.
       (3) Function.--The term ``function'' means an 
     administrative, financial, or regulatory duty of an 
     administrative unit or employee of the Department, including 
     a transfer of funds made available to carry out a function of 
     an administrative unit.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
             TITLE I--GENERAL AUTHORITIES OF THE SECRETARY

     SEC. 101. DELEGATION OF FUNCTIONS TO THE SECRETARY.

       (a) Delegation of Functions.--Except as otherwise provided 
     in this Act and notwithstanding any other provision of law, 
     all functions and all activities, officers, employees, and 
     administrative units of the Department, not vested in the 
     Secretary on the date of enactment of this Act, are delegated 
     to the Secretary.
       (b) Exceptions to the Delegation.--This section shall not 
     apply to the following functions and administrative units of 
     the Department:
       (1) The functions vested in administrative law judges by 
     subchapter II of chapter 5 of title 5, United States Code.
       (2) The functions vested in the Inspector General by the 
     Inspector General Act of 1978 (5 U.S.C. App. 3).
       (3) The functions vested in the Chief Financial Officer by 
     chapter 9 of subtitle I of title 31, United States Code.
       (4) Corporations and the boards of directors and officers 
     of the corporations.
       (5) The functions vested in the Alternative Agricultural 
     Research and Commercialization Board by the Alternative 
     Agricultural Research and Commercialization Act of 1990 (7 
     U.S.C. 5901 et seq.).

     SEC. 102. REORGANIZATION.

       (a) General Authority of the Secretary.--The Secretary may 
     transfer any function or administrative unit of the 
     Department, including any function or administrative unit 
     delegated to the Secretary by this Act, and any officer or 
     employee of the Department, as the Secretary considers 
     appropriate. The authority established in the preceding 
     sentence includes the authority to establish, consolidate, 
     alter, or discontinue any administrative unit of the 
     Department.
       (b) Authority To Transfer Records, Property, and Funds.--
       (1) In general.--Subject to section 1531 of title 31, 
     United States Code, the Secretary may transfer any of the 
     records, property, and unexpended balances (available or to 
     be made available for use in connection with any affected 
     function or administrative unit) of appropriations, 
     allocations, and other funds of the Department, as the 
     Secretary considers necessary to carry out this Act, except 
     as otherwise provided in this section.
       (2) Use.--Absent prior approval by law, any unexpended 
     balances transferred pursuant to paragraph (1) shall be used 
     only for the purposes for which the funds were originally 
     made available.
       (3) Additional authority.--The Secretary may make such 
     additional incidental dispositions of personnel, assets, 
     liabilities, grants, contracts, property, records, and 
     unexpended balances of appropriations, authorizations, 
     allocations, and other funds held, used, arising from, 
     available to, or to be made available in connection with the 
     functions or administrative units, as the Secretary considers 
     necessary to carry out this Act.
       (c) Purpose of the Authority.--The Secretary shall carry 
     out subsections (a) and (b) with the goals of simplifying and 
     maximizing the efficiency of the national, State, regional, 
     and local levels of the Department, and of improving the 
     accessibility of farm and other programs at all levels. To 
     the extent practicable, the Secretary shall adapt the 
     administration of the programs to State, regional, and local 
     conditions.
       (d) Exhaustion of Administrative Appeals.--Notwithstanding 
     any other provision of law, a person shall exhaust all 
     administrative appeal procedures established by the Secretary 
     before the person may bring an action in a court of competent 
     jurisdiction against--
       (1) the Secretary;
       (2) the Department;
       (3) an administrative unit of the Department; or
       (4) an employee or agent of an administrative unit of the 
     Department.
       (e) Conforming Amendments.--Section 9 of the Commodity 
     Credit Corporation Charter Act (15 U.S.C. 714g) is amended--
       (1) in subsection (a), by striking ``(a)''; and
       (2) by striking subsection (b).

     SEC. 103. PERSONNEL REDUCTIONS.

       (a) Definitions.--As used in this section:
       (1) Field structure.--The term ``field structure'' means 
     the offices, functions, and employee positions of all 
     administrative units of the Department, other than the 
     headquarters offices. The term includes the physical and 
     geographic locations of the units. The term shall not include 
     State, county, or area committees established under section 
     8(b) of the Soil Conservation and Domestic Allotment Act (16 
     U.S.C. 590h(b)).
       (2) Headquarters offices.--The term ``headquarters 
     offices'' means the offices, functions, and employee 
     positions of all administrative units of the Department 
     located or performed in Washington, District of Columbia, or 
     elsewhere, as determined by the Secretary.
       (b) Employee Reductions.--Subject to subsection (c), the 
     Secretary shall achieve employee reductions of at least 7,500 
     staff years within the Department by September 30, 1999.
       (c) Distribution.--The percentage of employee reductions in 
     the headquarters offices under subsection (b) shall be 
     substantially higher than the percentage of employee 
     reductions in the field structure, as determined by the 
     Secretary.
       (d) Schedule.--The personnel reductions under subsections 
     (b) and (c) should be accomplished concurrently in a manner 
     determined by the Secretary.

     SEC. 104. CONSOLIDATION OF HEADQUARTERS OFFICES.

       The Secretary shall develop and carry out a plan to 
     consolidate offices of administrative units of the Department 
     located in Washington, District of Columbia, subject to the 
     availability of appropriations.

     SEC. 105. REPORTS BY THE SECRETARY.

       (a) In General.--Subject to subsection (b), notwithstanding 
     any other provision of law, the Secretary may, but shall not 
     be required to, prepare and submit any report to Congress or 
     any committee of Congress.
       (b) Limitation.--For each fiscal year, the Secretary may 
     not prepare and submit more than 30 reports referred to in 
     subsection (a).
       (c) Selection of Reports.--In consultation with the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate, the Secretary shall determine which reports shall be 
     prepared and submitted in accordance with subsection (b).
                  TITLE II--NATIONAL APPEALS DIVISION

     SEC. 201. DEFINITIONS.

       As used in this title:
       (1) Adverse decision.--The term ``adverse decision'' means 
     an administrative decision made by a decisionmaker that is 
     adverse to a participant, including a denial of equitable 
     relief, except that the term shall not include a decision 
     over which the Board of Contract Appeals has jurisdiction. 
     The term shall include the failure of a decisionmaker to 
     issue a decision or otherwise act on the request or right of 
     the participant to participate in, or receive payments, 
     loans, or other benefits under, any of the programs 
     administered by an agency. Notwithstanding section 701(a)(2) 
     of title 5, United States Code, a discretionary decision of 
     the Secretary or the Division shall be reviewable under 
     section 706(2)(A) of such title unless the decision is 
     generally applicable to all program participants and, as a 
     matter of general applicability, is committed to agency 
     discretion by law within the meaning of section 701(a)(2) of 
     such title.
       (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--
       (A) ASCS;
       (B) CCC, with respect to domestic programs;
       (C) FmHA (including rural housing programs);
       (D) FCIC;
       (E) RDA (including rural housing programs);
       (F) SCS; or
       (G) a State or county committee established under section 
     8(b) of the Soil Conservation and Domestic Allotment Act (16 
     U.S.C. 590h(b)) or the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1921 et seq.).
       (3) Appellant.--The term ``appellant'' means a participant 
     who appeals an adverse decision in accordance with this 
     title.
       (4) ASCS.--The term ``ASCS'' means the Agricultural 
     Stabilization and Conservation Service or a successor agency.
       (5) Case record.--The term ``case record'' means all the 
     materials maintained by the Secretary that concern the 
     participant, including any materials related to the adverse 
     decision.
       (6) CCC.--The term ``CCC'' means the Commodity Credit 
     Corporation or a successor agency.
       (7) Decisionmaker.--The term ``decisionmaker'' means an 
     officer, employee, or committee of an agency who makes an 
     adverse decision that is appealed by an appellant.
       (8) Director.--The term ``Director'' means the Director of 
     the Division.
       (9) Division.--The term ``Division'' means the National 
     Appeals Division established by this title.
       (10) Employee.--The term ``employee'' means an individual 
     employed by an agency, including an individual who enters 
     into a contract with an agency to perform services for the 
     agency.
       (11) Final determination.--The term ``final determination'' 
     means a determination of an appeal by the Division that is 
     administratively final, conclusive, and binding.
       (12) FCIC.--The term ``FCIC'' means the Federal Crop 
     Insurance Corporation or a successor agency.
       (13) FmHA.--The term ``FmHA'' means the Farmers Home 
     Administration or a successor agency.
       (14) Hearing officer.--The term ``hearing officer'' means 
     an individual employed by the Division who hears and 
     determines appeals of adverse decisions by any agency.
       (15) Hearing record.--The term ``hearing record'' means the 
     transcript of a hearing, any audio tape or similar recording 
     of a hearing, any information from the case record that a 
     hearing officer considers relevant or that is raised by the 
     appellant or agency, and all documents and other evidence 
     presented to a hearing officer.
       (16) Implement; implementation.--The terms ``implement'' 
     and ``implementation'' refer to those actions necessary to 
     effectuate fully and promptly a determination of the Division 
     not later than 30 calendar days after the effective date of 
     the determination.
       (17) Participant.--The term ``participant'' means any 
     individual, group of individuals, partnership, corporation, 
     association, cooperative, or other entity whose application 
     for, or right to participate in or receive, payments, loans, 
     or other benefits in accordance with any of the programs 
     administered by an agency, is affected by an adverse decision 
     made by a decisionmaker.
       (18) RDA.--The term ``RDA'' means the Rural Development 
     Administration or a successor agency.
       (19) SCS.--The term ``SCS'' means the Soil Conservation 
     Service or a successor agency.
       (20) State director.--The term ``State director'' means the 
     individual who is primarily responsible for carrying out the 
     program of an agency within a State.

     SEC. 202. NATIONAL APPEALS DIVISION AND DIRECTOR.

       (a) Establishment of Division.--
       (1) Establishment.--The Secretary shall establish and 
     maintain a National Appeals Division within the Office of the 
     Secretary to carry out this title.
       (2) APA application.--The provisions of title 5, United 
     States Code, shall apply to all appeals of the Division, 
     including chapters 5 and 7 of such title.
       (3) Procedural regulations and policies.--The Secretary 
     shall promulgate procedural regulations and policies to 
     govern the conduct of the business of the Division. The 
     Secretary shall ensure and enhance the independence, 
     integrity, and efficiency of the Division, the Director, 
     hearing officers, and other employees of the Division.
       (b) Director.--
       (1) Appointment.--The Division shall be headed by a 
     Director.
       (2) Position classification.--The position of the Director 
     shall be a Senior Executive Service position that shall be 
     filled by a career appointee (as defined in section 
     3132(a)(4) of title 5, United States Code), who shall not be 
     subject to removal except for cause in accordance with law.
       (3) Qualifications.--The Director shall be a person who has 
     substantial experience in practicing administrative law. In 
     considering applicants for the position of Director, the 
     Secretary shall consider persons employed outside the 
     Government as well as Government employees.
       (4) Conforming amendment.--Section 5316 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``Director, National Appeals Division, Department of 
     Agriculture.''.
       (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) Communication With Secretary and Agencies.--The 
     Director shall inform the Secretary and the appropriate 
     agency of problems regarding the functions of the agency that 
     are identified as a result of the activities of the Division 
     under this title. The information provided by the Director 
     may include proposals to resolve the problems identified or 
     otherwise to improve the programs of the agency.
       (e) Appealable Decisions.--Subject to section 204(b)(2), if 
     a decisionmaker 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 or 
     of general applicability, and thus appealable. Except for a 
     legal interpretation that may be reversed or modified by the 
     Secretary, the determination of the Director as to whether a 
     decision is appealable shall be administratively final, 
     conclusive, and binding.
       (f) Other Powers of the Director.--The Director may enter 
     into contracts and make other arrangements for reporting and 
     other services and make such payments as may be necessary to 
     carry out this title.

     SEC. 203. TRANSFER OF FUNCTIONS.

       There are transferred to the Division all functions 
     exercised and all administrative appeals pending before the 
     date of enactment of this Act (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 before the amendment made by section 
     215(a)(2));
       (2) the National Appeals Division established by 
     subsections (d) through (g) of section 333B of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 1983b) 
     (as in effect before the amendment made by section 215(b));
       (3) appeals of decisions made by FCIC; and
       (4) appeals of decisions made by SCS.

     SEC. 204. PERSONNEL OF THE DIVISION.

       (a) Appointment, Direction, and Control.--The Director 
     shall appoint such hearing officers and other employees as 
     are necessary for the administration 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 title. Hearing officers shall be supervised by the 
     Director. All other employees of the Division shall report to 
     the Director.
       (b) Legal Counsel.--
       (1) In general.--The Director shall employ legal counsel to 
     advise the Director with respect to legal questions affecting 
     the Division. The legal counsel shall not serve as a counsel 
     to any other agency of the Department. This subsection is not 
     intended to affect the role of the Office of General Counsel 
     in representing the Department in civil or criminal actions 
     or as a liaison between the Department and any other Federal 
     agency.
       (2) Review by the secretary.--If a hearing officer or the 
     Director disagrees with the General Counsel on a matter of 
     legal interpretation with respect to a program or authority 
     of the Department, the Secretary shall have the authority to 
     make a final determination on the interpretation at the 
     request of the General Counsel. The authority of the 
     Secretary under this paragraph may not be delegated.
       (c) Performance Evaluations.--The Director shall establish 
     policies to provide for the evaluation of the Director, 
     hearing officers, and other employees of the Division who are 
     involved in the appeal process under section 208 or the 
     supervision of other employees. The evaluation process shall 
     be designed to ensure and enhance the independence, 
     integrity, and efficiency of the Director and employees of 
     the Division. The actual evaluations shall include 
     evaluations by individuals outside of the Department and may 
     include peer review.

     SEC. 205. NOTICE AND OPPORTUNITY FOR HEARING.

       (a) Notice Required.--Not later than 10 working days after 
     an adverse decision is made that is adverse to the 
     participant, the Secretary shall provide the participant with 
     the written notice described in subsection (b).
       (b) Content of Notice.--The notice required under 
     subsection (a) shall contain a description of the following:
       (1) The decision, including all of the reasons, facts, and 
     conclusions underlying the decision.
       (2) The appeal and implementation process available to the 
     participant, including the rights and responsibilities of the 
     participant provided by this title.
       (3) An opportunity to request a determination by the 
     Director pursuant to section 202(e) concerning whether a 
     decision is appealable, if the decisionmaker determines that 
     the decision is not appealable.
       (c) Maintenance of Records.--The Secretary and the Director 
     shall maintain the entire case record and hearing record, 
     respectively, and any additional information from any further 
     appeal proceeding, of the participant at least until the 
     expiration of the period during which the participant may 
     seek administrative or judicial review of the determination.
       (d) Joinder.--
       (1) Guaranteed loans.--With regard to a guaranteed loan 
     under the Consolidated Farm and Rural Development Act (7 
     U.S.C. 1921 et seq.), a borrower or applicant who is directly 
     and adversely affected by a decision of the Secretary may 
     appeal the decision pursuant to this title without the lender 
     joining in the appeal.
       (2) Rental housing.--A tenant in rental housing of an 
     agency who is individually, directly, and adversely affected 
     by a decision of the Secretary may appeal the decision 
     pursuant to this title without the landlord joining in the 
     appeal.
       (3) Third parties.--If the Director determines that the 
     receipt of a payment, loan, or other direct benefit by a 
     participant may be directly, substantially, and adversely 
     affected by a determination of the Division, a hearing 
     officer may invite the participant to participate in a 
     hearing if the final determination resulting from the hearing 
     would, as a practical matter, foreclose the participant from 
     receiving the payment, loan, or other direct benefit of the 
     participant. If the participant elects to participate in the 
     hearing, the participant shall have the same procedural 
     rights as the appellant with regard to the hearing and other 
     procedures described in this title.
       (e) Effect of Reversal or Modification of Adverse 
     Decision.--If an adverse decision is reversed or modified by 
     the Division, a decisionmaker may not base any subsequent 
     adverse decision with regard to that appellant on the 
     information that was available to the previous decisionmaker 
     (or could have been available with reasonable diligence on 
     the part of the previous decisionmaker).

     SEC. 206. INFORMAL HEARINGS.

       If a decisionmaker of an agency makes an adverse decision, 
     the decisionmaker shall hold, at the request of the 
     participant, an informal hearing on the decision.

     SEC. 207. RIGHTS OF PARTICIPANTS.

       Among other rights, a participant shall have the right, in 
     accordance with this title, to--
       (1) appeal any adverse decision;
       (2) representation by an attorney or nonattorney throughout 
     the informal hearing and appeals process under this title;
       (3) access to, and a reasonable opportunity to inspect and 
     reproduce, the case record at an office of the agency located 
     in the area of the participant; and
       (4) an evidentiary hearing.

     SEC. 208. DIVISION HEARINGS AND DIRECTOR REVIEW.

       (a) Powers of Director and Hearing Officers.--To carry out 
     their responsibilities under this section, the Director and 
     hearing officers--
       (1) shall have access to all records, reports, audits, 
     reviews, documents, papers, recommendations, or other 
     material available that relate to programs and operations 
     with respect to which an appeal has been taken;
       (2) shall have the authorities that are provided under 
     section 202(a)(2);
       (3) may request such information or assistance as may be 
     necessary for carrying out the duties and responsibilities 
     established under this title from any Federal, State, or 
     local governmental agency or unit of the agency;
       (4) may, or shall at the request of an appellant with good 
     cause shown, require the attendance of witnesses and the 
     production of all information, documents, reports, answers, 
     records, accounts, papers, and other data and documentary 
     evidence necessary to the proper resolution of appeals;
       (5) may require the attendance of witnesses, and the 
     production of evidence, by subpoena; and
       (6) may administer oaths or affirmations.
       (b) Time for Hearing.--
       (1) In general.--Except as provided in paragraph (2), an 
     appellant shall have the right to--
       (A) request a hearing, not later than 30 days after the 
     date an adverse decision is made; and
       (B) have a hearing by the Division on the adverse decision, 
     not later than 45 days after receipt of the request for the 
     hearing.
       (2) Reduction or extension.--The Director may establish an 
     earlier deadline for a hearing (or request for a hearing) on 
     an appeal relating to a time sensitive decision, or delay a 
     hearing (or request for a hearing), at the request of an 
     appellant for good cause shown.
       (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 and hearing record. The hearing officer shall conduct 
     and resolve the hearing (regardless of the hearing format) in 
     a fair and impartial manner and free of undue influence. 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, including new information, presented at 
     the hearing without regard to whether the evidence was known 
     to the decisionmaker 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 
     decisionmaker after the hearing to the extent necessary to 
     prevent the appellant or the decisionmaker from being 
     prejudiced by new facts, information, arguments, or evidence 
     presented or raised by the decisionmaker or appellant. At the 
     hearing, the agency may not rely on or assert new grounds for 
     the adverse decision, if the grounds were not described in 
     the agency decision notice.
       (4) Burden of proof.--The appellant shall bear the burden 
     of proving that the adverse decision of the agency was 
     erroneous.
       (5) Production of record.--An official verbatim record 
     shall be provided by the Division for each hearing before a 
     hearing officer. The appellant or agency representative may 
     record an unofficial record of the hearing.
       (6) Standard of review.--In any case pending before a 
     hearing officer, the hearing officer may determine that the 
     adverse decision was in error only if substantial evidence 
     demonstrates that the adverse decision was not correct. For 
     purposes of this paragraph, the evidentiary threshold for 
     substantial evidence is lower than the evidentiary threshold 
     for preponderance of the evidence.
       (7) 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 pursuant to subsection 
     (b)(2). The hearing officer may include recommendations in 
     the determination notice. If the determination is not 
     appealed to the Director under subsection (d), the notice 
     provided by the hearing officer shall be considered to be a 
     notice of final determination.
       (d) Review by Director.--
       (1) Referral.--At the request of the appellant or the head 
     of the agency affected by a determination of a hearing 
     officer, the determination of the hearing officer shall be 
     referred to the Director for review.
       (2) Appeal by head of agency to director.--
       (A) Review of determination of hearing officer at the 
     request of an agency head.--In exceptional circumstances, if 
     the head of an agency believes that the determination of a 
     hearing officer is contrary to a statute or regulation, or a 
     finding of fact of a hearing officer is clearly erroneous, 
     only the head of the agency may make a written request, not 
     later than 10 business days after receipt of the 
     determination, that the Director review the determination.
       (B) Requests for review.--A request for review shall--
       (i) include a full description of--

       (I) the exceptional circumstances justifying the request 
     for review; and
       (II) the reasons that the head of the relevant agency 
     believes that the determination is contrary to statute or 
     regulation, or the finding of fact of the hearing officer is 
     clearly erroneous; and

       (ii) be provided to the appellant and the hearing officer 
     at the same time the request is provided to the Director.
       (C) Determination of director.--Not later than 10 business 
     days after receipt of the request for review, the Director 
     shall--
       (i) conduct a review of the determination based on the case 
     record and hearing record, the request for review under 
     subsection (b), and any additional arguments or information 
     submitted by the appellant or the hearing officer; and
       (ii)(I) issue a final determination notice that upholds, 
     reverses, or modifies the determination of the hearing 
     officer; or
       (II) if the Director determines that the hearing record is 
     inadequate, remand the determination for further proceedings 
     to complete the hearing record, or, at the option of the 
     Director, to hold a new hearing, and notify the appellant, 
     agency, and hearing officer of the remand.
       (D) New hearing.--If the Director remands a determination 
     for a new hearing on the adverse decision under subparagraph 
     (C), the hearing officer shall make a new determination with 
     respect to the adverse decision based on the case record and 
     the hearing record.
       (E) Finality.--The head of the relevant agency may not 
     request a second review as to the determination of the 
     hearing officer or the Director on the same issue.
       (3) Appeal by head of agency or appellant to director.--
       (A) Use of record.--If the determination of a hearing 
     officer is appealed under paragraph (1), the hearing officer 
     shall certify the hearing record and provide the record to 
     the Director.
       (B) New information.--The Director may consider, under 
     extraordinary circumstances, new information in reviewing a 
     determination under this section. The appellant, 
     decisionmaker, and hearing officer shall receive and have the 
     opportunity to comment on the new information.
       (C) Actions.--Not later than 30 days after the referral to 
     the Director, the Director shall--
       (i) review the hearing record and the determination;
       (ii) uphold the determination, issue a new determination, 
     require that a new hearing be held on 1 or more of the issues 
     considered at the original hearing, or take any combination 
     of the actions described in this clause; and
       (iii) issue a notice of--

       (I) a new evidentiary hearing;
       (II) a final determination; or
       (III) a remand on certain issues and a final determination 
     on remaining issues.

       (D) Recommendations.--The Director may include 
     recommendations in a final determination notice.
       (E) Relief.--The Director shall have the same authority as 
     the Secretary to grant equitable relief. Notwithstanding the 
     administrative finality of a final determination, the 
     Secretary shall have the authority to grant equitable or 
     other types of relief to the appellant after a final 
     determination is issued by the Division.
       (e) Basis for Determination.--The determination of the 
     hearing officer and the Director shall be based on 
     information from the hearing 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. The 
     Director shall not reverse the determination of a hearing 
     officer with regard to a finding of fact that is based on 
     oral testimony or inspection of evidence unless the finding 
     of fact is clearly erroneous or the Director is considering 
     new information under subsection (d)(3) with respect to the 
     finding of fact.
       (f) 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.

     SEC. 209. JUDICIAL REVIEW.

       A final determination of the Division under section 208 
     shall be reviewable and enforceable by any United States 
     district court of competent jurisdiction in accordance with 
     chapter 7 of title 5, United States Code. Notwithstanding 
     section 701(a)(2) of such title, a discretionary decision of 
     the Secretary or the Division shall be reviewable under 
     section 706(2)(A) of such title unless the decision is 
     generally applicable to all program participants and, as a 
     matter of general applicability, is committed to agency 
     discretion by law within the meaning of section 701(a)(2) of 
     such title.

     SEC. 210. IMPLEMENTATION OF FINAL DETERMINATIONS OF DIVISION.

       (a) In General.--On the return of a case to an agency 
     pursuant to the final determination of a hearing officer or 
     the Director under section 208, the agency shall implement 
     the final determination of the Division not later than 30 
     days after the effective date of the notice of the final 
     determination.
       (b) Additional and Updated Information.--
       (1) In general.--Except as provided in paragraph (2), after 
     notice of a final determination is received by the agency--
       (A) the agency may not require that additional and updated 
     information be provided by the appellant or considered by the 
     decisionmaker in implementing the final determination of the 
     hearing officer or the Director; and
       (B) additional and updated information from any other 
     source may not be used in implementing the final 
     determination.
       (2) Exceptions.--
       (A) Introduction by appellant.--If additional information 
     is introduced by the appellant during the appeal process and 
     accepted by the hearing officer or the Director, the agency 
     shall consider the additional information in implementing the 
     final determination.
       (B) Determination letter.--If the final determination 
     notice specifically states that additional and updated 
     information will be considered in implementing the final 
     determination, the agency shall consider any additional and 
     updated information in implementing the final determination.
       (C) Subsequent adverse decision.--Additional and updated 
     information considered under this paragraph may not be used 
     as a ground for a subsequent adverse decision.
       (c) Implementation Responsibilities.--
       (1) State director.--Each State director shall be--
       (A) required to implement final determinations of a hearing 
     officer or the Director that affect appellants in the State; 
     and
       (B) responsible for monitoring and ensuring the 
     implementation of final determinations that reverse and 
     modify adverse decisions.
       (2) Agency heads.--Relevant agency heads shall be 
     responsible for--
       (A) the performance of State directors under paragraph (1); 
     and
       (B) the implementation of all final determinations of the 
     Division that reverse or modify adverse decisions of the 
     agency.
       (d) Protection of Appellants' Rights.--
       (1) In general.--No officer or employee of the Federal 
     Government shall make or engage in threats or intimidation, 
     or solicit action, to prevent any potential appellant from 
     exercising a right of the appellant under this title or make, 
     solicit, or engage in retaliation or retribution for the 
     exercise of a right of an appellant under this title.
       (2) Corrective action.--If an officer or employee of the 
     Federal Government violates paragraph (1), the Secretary 
     shall take corrective action (including the imposition of 
     sanctions, when necessary) in conformance with civil service 
     laws.
       (e) Implementation Problems.--
       (1) Actions by relevant agency head.--The relevant agency 
     head shall promptly correct any problems that may arise in 
     the implementation of a final determination.
       (2) Oversight.--The Secretary shall assign employees within 
     the Office of the Inspector General whom appellants may 
     contact concerning problems with the implementation of final 
     determinations of the Division. The employees shall 
     investigate and, to the extent practicable, resolve the 
     implementation problems.
       (3) Identity and activities of oversight agency.--The 
     Secretary shall notify the Director of the business address 
     and telephone number of employees assigned under paragraph 
     (2). The Director shall include this information in the final 
     determination notice of the Division to an appellant.

     SEC. 211. DECISIONS OF STATE AND COUNTY COMMITTEES.

       (a) Finality.--Each decision of a State or county committee 
     (or an employee of the committee) that administers functions 
     of CCC, or functions assigned to ASCS on the date of 
     enactment of this Act, made in good faith in the absence of 
     misrepresentation, false statement, fraud, or willful 
     misconduct shall be final not later than 90 days after the 
     date of filing of the application for benefits, unless the 
     decision is--
       (1) appealed under this title; or
       (2) modified by the Administrator of ASCS or the Executive 
     Vice President of CCC.
       (b) Recovery of Amounts.--No action shall be taken by the 
     CCC, ASCS, or a State or county committee to recover amounts 
     found to have been disbursed as a result of a decision in 
     error if the decision of the State or county committee has 
     become final under subsection (a), unless the participant had 
     reason to believe that the decision was erroneous.

     SEC. 212. PROHIBITION ON ADVERSE ACTION WHILE APPEAL IS 
                   PENDING.

       (a) In General.--The Secretary may not take any adverse 
     action against an appellant relating to an appeal while any 
     proceeding authorized or required under this title is 
     pending, including any action that would prevent the 
     implementation of a decision that is favorable to the 
     appellant.
       (b) Withholding.--This section shall not preclude the 
     Secretary from withholding a payment if the eligibility for, 
     or amount of, the payment is an issue on appeal, except that 
     ongoing assistance to then current borrowers and grantees 
     shall not be discontinued pending the outcome of an appeal.

     SEC. 213. RELATIONSHIP TO OTHER LAWS.

       (a) Other Rights.--This title is not intended to supersede 
     or deprive a recipient of assistance from an agency of any 
     rights that the recipient may have under any other law, 
     including section 510(g) of the Housing Act of 1949 (42 
     U.S.C. 1480(g)).
       (b) Equitable Relief.--This title is not intended to affect 
     the authority of an agency head to grant equitable relief.
       (c) Employee Rights.--This title shall neither supersede 
     nor interfere with rights granted to employees or their 
     exclusive representatives by applicable civil service laws.

     SEC. 214. EVALUATION OF AGENCY DECISIONMAKERS AND OTHER 
                   EMPLOYEES.

       (a) Evaluation in Annual Review.--The Secretary shall 
     promulgate regulations to require the evaluation described in 
     subsection (b) as part of the annual review of the 
     performance of decisionmakers, State directors, and agency 
     heads.
       (b) Performance.--In the review, a decisionmaker, a State 
     director, or an agency head shall be considered to have 
     performed poorly if the decisionmaker, State director, or 
     agency head--
       (1) takes action that leads to numerous appeals that result 
     in adverse decisions that are reversed or modified;
       (2) fails to properly implement final determinations of the 
     Division;
       (3) fails to satisfactorily perform the reviewing and 
     monitoring responsibilities required under subsection (c) or 
     (e)(1) of section 210, whichever applies; or
       (4) threatens or intimidates, or engages in retaliation or 
     retribution against, an appellant in violation of section 
     210(d).
       (c) Sanctions.--If a decisionmaker, State director, or 
     relevant agency head has performed poorly (as determined 
     under subsection (b)), the Secretary shall issue sanctions 
     against the decisionmaker, State director, or relevant agency 
     head, as the case may be, which may include a formal 
     reprimand or dismissal consistent with civil service laws.

     SEC. 215. CONFORMING AMENDMENTS.

       (a) ASCS.--
       (1) Finality of farmers payments and loans.--Section 385 of 
     the Agricultural Adjustment Act of 1938 (7 U.S.C. 1385) is 
     amended--
       (A) by striking the first sentence and inserting the 
     following new sentence: ``As used in this section, the term 
     `payment' means any payment under the Soil Conservation and 
     Domestic Allotment Act (16 U.S.C. 590a et seq.), any payment 
     under the wheat, feed grain, upland cotton, extra long staple 
     cotton, and rice programs authorized by the Agricultural Act 
     of 1949 (7 U.S.C. 1421 et seq.) and this Act, or any loan or 
     price support operation, or the amount of the payment, loan, 
     or price support.''; and
       (B) in the second sentence, by striking ``any such 
     payment'' and inserting ``a payment''.
       (2) Determinations by secretary; appeals.--Sections 412 and 
     426 of the Agricultural Act of 1949 (7 U.S.C. 1429 and 1433e) 
     are repealed.
       (b) FmHA.--Section 333B of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1983b) is repealed.
       (c) FCIC.--The last sentence of section 508(f) of the 
     Federal Crop Insurance Act (7 U.S.C. 1508(f)) is amended by 
     inserting before the period at the end the following: ``or 
     within 1 year after the claimant receives a final 
     determination notice from an administrative appeal made in 
     accordance with title II of the Department of Agriculture 
     Reorganization Act of 1994, whichever is later''.
            TITLE III--FARM AND INTERNATIONAL TRADE SERVICES

     SEC. 301. UNDER SECRETARY FOR FARM AND INTERNATIONAL TRADE 
                   SERVICES.

       (a) Establishment.--There is established in the Department 
     the position of Under Secretary of Agriculture for Farm and 
     International Trade Services (referred to in this section as 
     the ``Under Secretary''), to be appointed by the President, 
     by and with the advice and consent of the Senate.
       (b) Duties.--The Under Secretary 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.
       (c) Continuity of the Position.--Any official serving as 
     Under Secretary for International Affairs and Commodity 
     Programs on the date of enactment of this Act, who has been 
     appointed by the President and confirmed by the Senate, shall 
     be considered on and after the date of enactment of this Act 
     to be serving in the successor position established by 
     subsection (a), and shall not be required to be reconfirmed 
     by reason of the enactment of this Act.
       (d) Conforming Amendments.--
       (1) Section 5314 of title 5, United States Code, is amended 
     by striking ``Under Secretary of Agriculture for 
     International Affairs and Commodity Programs.'' and inserting 
     ``Under Secretary of Agriculture for Farm and International 
     Trade Services.''.
       (2) Section 501 of the Agricultural Trade Act of 1978 (7 
     U.S.C. 5691) is repealed.

     SEC. 302. FARM SERVICE AGENCY.

       (a) Establishment.--The Secretary is authorized to 
     establish and maintain a Farm Service Agency (referred to in 
     this section as the ``Agency'') and assign to the Agency such 
     functions as the Secretary may consider appropriate.
       (b) Head.--
       (1) Agency.--If the Secretary establishes the Agency, the 
     Agency or any successor administrative unit shall be headed 
     by an Administrator who shall be appointed by the President, 
     by and with the advice and consent of the Senate.
       (2) FCIC.--The Secretary may appoint the Administrator of 
     the Agency, or any other person, to serve as head of the 
     Federal Crop Insurance Corporation.
       (c) Functions.--Except as provided in subsection (d), the 
     Secretary is authorized to carry out through the Agency--
       (1) price and income support, production adjustment, and 
     other related functions;
       (2) functions of the Federal Crop Insurance Corporation;
       (3) notwithstanding section 331 of the Consolidated Farm 
     and Rural Development Act (7 U.S.C. 1981), agricultural 
     credit functions assigned prior to the date of enactment of 
     this Act to the Farmers Home Administration, including farm 
     ownership, operating, emergency, and disaster loan functions, 
     and other lending programs for producers of agricultural 
     commodities; and
       (4) any other function or administrative unit that the 
     Secretary considers appropriate.
       (d) Functions Not Assignable to the Agency.--Except as 
     otherwise determined by the Secretary, functions relating to 
     conservation programs authorized to be assigned to the 
     Natural Resources Conservation Service established under 
     section 601 may not be assigned to the Agency.
       (e) Use of Employees.--Notwithstanding any other provision 
     of law, in carrying out in any county or area any functions 
     assigned to the Agency or any successor administrative area, 
     the Secretary is authorized to--
       (1) use interchangeably, in the implementation of 
     functions, Federal employees, and employees of county and 
     State committees established under section 8(b) of the Soil 
     Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)); 
     and
       (2) provide interchangeably for supervision by the 
     employees of the performance of functions assigned to the 
     Agency.
       (f) Collocation.--The Secretary, to the maximum extent 
     practicable, shall collocate county offices of the Agency 
     with county offices of the Natural Resources Conservation 
     Service in order to--
       (1) maximize savings from shared equipment, office space, 
     and administrative support;
       (2) simplify paperwork and regulatory requirements;
       (3) provide improved services to producers and landowners 
     affected by programs administered by the Agency and the 
     Service; and
       (4) achieve computer compatibility between the Agency and 
     the Service to maximize efficiency and savings.
       (g) Continuity of the Position.--Any official serving on 
     the date of enactment of this Act, who has been appointed by 
     the President and confirmed by the Senate, shall not be 
     required to be reconfirmed by reason of the enactment of this 
     Act.
       (h) Conforming Amendments.--
       (1) The second sentence of section 505(a) of the Federal 
     Crop Insurance Act (7 U.S.C. 1505(a)) is amended by striking 
     ``the Under Secretary or Assistant Secretary of Agriculture 
     responsible for the farm credit programs of the Department of 
     Agriculture,'' and inserting ``one additional Under or 
     Assistant Secretary of Agriculture, as designated by the 
     Secretary,''.
       (2) Section 507(d) of the Federal Crop Insurance Act (7 
     U.S.C. 1507(d)) is amended by striking ``section 516 of this 
     Act,'' and all that follows through the period at the end of 
     the subsection and inserting ``section 516.''.
       (3) Section 331(a) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1981(a)) is amended by striking 
     ``assets to the Farmers Home Administration'' and all that 
     follows through the period at the end of the subsection and 
     inserting ``assets to such officers or administrative units 
     of the Department of Agriculture as the Secretary may 
     consider appropriate.''.

     SEC. 303. STATE AND COUNTY COMMITTEES.

       Section 8(b) of the Soil Conservation and Domestic 
     Allotment Act (16 U.S.C. 590h(b)) is amended--
       (1) by designating the first through eighth undesignated 
     paragraphs as paragraphs (1) through (8), respectively; and
       (2) in paragraph (5) (as so designated) by adding at the 
     end the following new sentence: ``The Secretary is 
     authorized, after consultation with the State committee of 
     the State in which the affected counties are located, to 
     terminate, combine, and consolidate two or more county 
     committees established under this subsection.''.

     SEC. 304. INTERNATIONAL TRADE SERVICE.

       (a) Establishment.--The Secretary is authorized to 
     establish and maintain an International Trade Service 
     (referred to in this section as the ``Service'') and to 
     assign to the Service such functions or administrative units 
     as the Secretary may consider appropriate and consistent with 
     this Act.
       (b) Head.--If the Secretary establishes the Service, the 
     Service or any successor administrative unit shall be headed 
     by an Administrator who shall be appointed by the President, 
     by and with the advice and consent of the Senate.
       (c) Functions.--The Secretary is authorized to carry out, 
     through the Service or through such other officers or 
     administrative units as the Secretary may consider 
     appropriate, programs and activities involving--
       (1) the acquisition of information pertaining to 
     agricultural trade;
       (2) market promotion and development;
       (3) promotion of exports of United States agricultural 
     commodities;
       (4) administration of international food assistance; and
       (5) international development, technical assistance, and 
     training.
       (d) Continuity of the Position.--Any official serving on 
     the date of enactment of this Act, who has been appointed by 
     the President and confirmed by the Senate, shall not be 
     required to be reconfirmed by reason of the enactment of this 
     Act.
       (e) Conforming Amendments.--Sections 502 and 503 of the 
     Agricultural Trade Act of 1978 (7 U.S.C. 5692 and 5693) are 
     repealed.
           TITLE IV--RURAL ECONOMIC AND COMMUNITY DEVELOPMENT

     SEC. 401. UNDER SECRETARY FOR RURAL ECONOMIC AND COMMUNITY 
                   DEVELOPMENT.

       (a) Establishment.--Subsection (a) of section 3 of the 
     Rural Development Policy Act of 1980 (7 U.S.C. 2211b) is 
     amended to read as follows:
       ``(a)(1) There is 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.
       ``(2) 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) Continuity of Position.--Any official serving as Under 
     Secretary of Agriculture for Small Community and Rural 
     Development on 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 after the date of 
     enactment of this Act to be serving in the successor position 
     established by the amendment made by subsection (a), and 
     shall not be required to be reconfirmed by reason of the 
     enactment of this Act.
       (c) Conforming Amendment.--Section 5314 of title 5, United 
     States Code, is amended by striking ``Under Secretary of 
     Agriculture for Small Community and Rural Development.'' and 
     inserting ``Under Secretary of Agriculture for Rural Economic 
     and Community Development.''.

     SEC. 402. RURAL UTILITIES SERVICE.

       (a) Establishment.--Notwithstanding section 364 of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 2006f) 
     and any other provision of law, the Secretary is authorized 
     to establish and maintain within the Department the Rural 
     Utilities Service (referred to in this section as the 
     ``Service'') and to assign to the Service such functions and 
     administrative units as the Secretary may consider 
     appropriate.
       (b) Head.--If the Secretary establishes the Service, the 
     Service or any successor administrative unit shall be headed 
     by an Administrator who shall be appointed by the President, 
     by and with the advice and consent of the Senate.
       (c) Functions.--The Secretary may carry out through the 
     Service, or through any other officer or administrative unit 
     as the Secretary may consider appropriate--
       (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 
     authorized 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 Consolidated 
     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).
       (d) Continuity of the Position.--Any official serving on 
     the date of enactment of this Act, who has been appointed by 
     the President and confirmed by the Senate, shall not be 
     required to be reconfirmed by reason of the enactment of this 
     Act.
       (e) Conforming Amendments to the Rural Electrification 
     Act.--
       (1) The first section of the Rural Electrification Act of 
     1936 (7 U.S.C. 901) is amended by striking ``there is'' and 
     all that follows through ``This Act'' and inserting ``this 
     Act''.
       (2) Section 2 of such Act (7 U.S.C. 902) is amended by 
     striking ``Administrator'' and inserting ``Secretary of 
     Agriculture''.
       (3) Section 3(a) of such Act (7 U.S.C 903(a)) is amended--
       (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 the Rural 
     Electrification Administration established by Executive Order 
     Numbered 7037'' and inserting ``Secretary''.
       (4) Section 8 of such Act (7 U.S.C. 908) is amended--
       (A) in the first sentence, by striking ``Administrator 
     authorized to be appointed by this Act'' and inserting 
     ``Secretary''; and
       (B) in the second sentence, by striking ``Rural 
     Electrification Administration created by this Act'' and 
     inserting ``Secretary''.
       (5) Section 11A of such Act (7 U.S.C. 911a) is repealed.
       (6) Section 13 of such Act (7 U.S.C. 913) is amended by 
     inserting before the period the following: ``; and the term 
     `Secretary' means the Secretary of Agriculture''.
       (7) Sections 206(b)(2), 306A(b), 311, and 405(b)(1)(A) of 
     such Act (7 U.S.C. 927(b)(2), 936a(b), 940a, and 
     945(b)(1)(A)) are amended by striking ``Rural Electrification 
     Administration'' each place it appears and inserting 
     ``Secretary''.
       (8) Section 403(b) of such Act (7 U.S.C. 943(b)) is amended 
     by striking ``Rural Electrification Administration or of any 
     other agency of the Department of Agriculture,'' and 
     inserting ``Secretary''.
       (9) Section 404 of such Act (7 U.S.C. 944) is amended by 
     striking ``the Administrator of the Rural Electrification 
     Administration'' and inserting ``the Secretary of Agriculture 
     shall designate an official of the Department of Agriculture 
     who''.
       (10) Sections 406(c) and 410(a)(1) of such Act (7 U.S.C. 
     946(c) and 950) are amended by striking ``Administrator of 
     the Rural Electrification Administration'' each place it 
     appears and inserting ``Secretary''.
       (11) Such Act (7 U.S.C. 901 et seq.) is amended by striking 
     ``Administrator'' each place it appears and inserting 
     ``Secretary''.
       (f) Miscellaneous Conforming 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 pursuant to the 
     Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.)''.
       (2) The second undesignated paragraph of section 401 of the 
     Rural Electrification Act of 1938 (52 Stat. 818; 7 U.S.C. 903 
     note) is amended by striking ``Administrator of the Rural 
     Electrification Administration'' and inserting ``Secretary of 
     Agriculture''.
       (3) Section 15 of the Department of Agriculture Organic Act 
     of 1944 (7 U.S.C. 915) is amended by striking ``Rural 
     Electrification Administration'' and inserting ``Secretary''.
       (4)(A) Section 2333 of the Food, Agriculture, Conservation, 
     and Trade Act of 1990 (7 U.S.C. 950aaa-2) is amended--
       (i) by striking paragraph (1); and
       (ii) by redesignating paragraphs (2) through (11) as 
     paragraphs (1) through (10), respectively.
       (B) Chapter 1 of subtitle D of title XXIII of such Act (7 
     U.S.C. 950aaa et seq.) is amended by striking 
     ``Administrator'' each place it appears and inserting 
     ``Secretary''.

     SEC. 403. RURAL HOUSING AND COMMUNITY DEVELOPMENT SERVICE.

       (a) Establishment.--Notwithstanding section 364 of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 2006f) 
     and any other provision of law, the Secretary is authorized 
     to establish and maintain within the Department the Rural 
     Housing and Community Development Service (referred to in 
     this section as the ``Service'') and to assign to the Service 
     such functions as the Secretary may consider appropriate.
       (b) Functions.--The Secretary is authorized to carry out 
     through the Service, or through any other officer or 
     administrative unit as the Secretary may consider 
     appropriate--
       (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; and
       (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 
     Development Act (7 U.S.C. 2008 through 2008d).

     SEC. 404. RURAL BUSINESS AND COOPERATIVE DEVELOPMENT SERVICE.

       (a) Establishment.--Notwithstanding section 364 of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 2006f) 
     and any other provision of law, the Secretary is authorized 
     to establish and maintain within the Department the Rural 
     Business and Cooperative Development Service (referred to in 
     this section as the ``Service''), and to assign to the 
     Service such functions as the Secretary may consider 
     appropriate.
       (b) Functions.--The Secretary is authorized to carry out 
     through the Service, or through any other officer or 
     administrative unit as the Secretary may consider 
     appropriate, programs and activities, including--
       (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, 
     Conservation, 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); and
       (5) the Act of July 2, 1926 (44 Stat. 802, chapter 725; 7 
     U.S.C. 451 et seq.).
            TITLE V--FOOD, NUTRITION, AND CONSUMER SERVICES

     SEC. 501. UNDER SECRETARY OF AGRICULTURE FOR FOOD, NUTRITION, 
                   AND CONSUMER SERVICES.

       (a) Establishment.--There is established in the Department 
     the position of Under Secretary of Agriculture for Food, 
     Nutrition, and Consumer Services to be appointed by the 
     President, by and with the advice and consent of the Senate.
       (b) Duties.--The Under Secretary of Agriculture 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.
       (c) Continuity of the Position.--Any official serving as 
     Assistant Secretary of Agriculture for Food and Consumer 
     Services on 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 to be serving in 
     the successor position established by subsection (a), and 
     shall not be required to be reconfirmed by reason of the 
     enactment of this Act.
       (d) Conforming Amendment.--Section 5314 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``Under Secretary of Agriculture for Food, Nutrition, and 
     Consumer Services.''.

     SEC. 502. FOOD AND CONSUMER SERVICE.

       (a) Establishment.--The Secretary is authorized to 
     establish and maintain within the Department the Food and 
     Consumer Service (referred to in this section as the 
     ``Service'') and to assign to the Service such functions as 
     the Secretary may consider appropriate.
       (b) Functions.--The Secretary is authorized to carry out 
     through the Service, or through any other officer or 
     administrative unit as the Secretary may consider 
     appropriate, programs and activities, including--
       (1) the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.);
       (2) the National School Lunch Act (42 U.S.C. 1751 et seq.); 
     and
       (3) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
     seq).

     SEC. 503. NUTRITION RESEARCH AND EDUCATION SERVICE.

       (a) Establishment.--The Secretary is authorized to 
     establish and maintain within the Department the Nutrition 
     Research and Education Service (referred to in this section 
     as the ``Service'') and to assign to the Service such 
     functions as the Secretary may consider appropriate.
       (b) Functions.--The Secretary is authorized to carry out 
     through the Service, or through any other officer or 
     administrative unit as the Secretary may consider 
     appropriate, programs and activities relating to human 
     nutrition research and education.
              TITLE VI--NATURAL RESOURCES AND ENVIRONMENT

     SEC. 601. NATURAL RESOURCES CONSERVATION SERVICE.

       (a) Establishment.--The Secretary is authorized to 
     establish and maintain within the Department the Natural 
     Resources Conservation Service (referred to in this section 
     as the ``Service'') and to assign to the Service such 
     functions as the Secretary may consider appropriate.
       (b) Functions.--The Secretary is authorized to carry out 
     through the Service, or through any other officer or 
     administrative unit of the Department as the Secretary may 
     consider appropriate, programs and activities, including--
       (1) title X of the Agricultural Act of 1970 (16 U.S.C. 1501 
     et seq.);
       (2) the Soil Conservation and Domestic Allotment Act (16 
     U.S.C. 590a et seq.);
       (3) the Water Bank Act (16 U.S.C. 1301 et seq.);
       (4) 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.);
       (6) title IV of the Agricultural Credit Act of 1978 (16 
     U.S.C. 2201 et seq.);
       (7) section 202(c) of the Colorado River Basin Salinity 
     Control Act (43 U.S.C. 1592(c)); and
       (8) the Farms for the Future Act of 1990 (7 U.S.C. 4201 
     note).
       (c) Use of Employees.--Notwithstanding any other provision 
     of law, in carrying out in any county or area any functions 
     assigned to the Service or any successor administrative unit, 
     the Secretary is authorized to--
       (1) use interchangeably, in the implementation of 
     functions, 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
       (2) provide interchangeably for supervision by the 
     employees of the performance of functions assigned to the 
     Service.
       (d) Agricultural Conservation Program.--In carrying out the 
     Agricultural Conservation Program, the Secretary shall--
       (1) acting on the recommendations of the Service, with the 
     concurrence of the Farm Service Agency, issue regulations to 
     carry out the program; and
       (2) use a county committee established under section 8(b) 
     of the Soil Conservation and Domestic Allotment Act (16 
     U.S.C. 590h(b)) to make the final decision on which 
     applicants are eligible to receive cost share assistance 
     under the program based on priorities and guidelines 
     established at the national and State levels by the Service.
       (e) Conforming Amendments.--
       (1) Section 5 of the Soil Conservation and Domestic 
     Allotment Act (16 U.S.C. 590e) is repealed.
       (2)(A) Section 2(2) of the Soil and Water Resources 
     Conservation Act of 1977 (16 U.S.C. 2001(2)) is amended by 
     striking ``the Soil Conservation Service of''.
       (B) Section 3(2) of such Act (16 U.S.C. 2002(2)) is amended 
     by striking ``through the Soil Conservation Service''.
       (C) The first sentence of section 6(a) of such Act (16 
     U.S.C. 2005(a)) is amended by striking ``Soil Conservation 
     Service'' and inserting ``Secretary''.

     SEC. 602. REORGANIZATION OF FOREST SERVICE.

       (a) In General.--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 (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 
     connection 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 
     Congress 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, 
     equipment, vehicles, and electronic systems with other 
     administrative units of the Department and other Federal 
     field offices, including proposals for using an on-line 
     system by all administrative 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 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) and identifies any 
     disparities in regional funding patterns and the rationale 
     behind the disparities.
              TITLE VII--MARKETING AND INSPECTION SERVICES

     SEC. 701. GRAIN INSPECTION, PACKERS AND STOCKYARDS 
                   ADMINISTRATION.

       (a) Establishment.--The Secretary is authorized to 
     establish and maintain within the Department the Grain 
     Inspection, Packers and Stockyards Administration (referred 
     to in this section as the ``Administration'') and to assign 
     to the Administration such functions as the Secretary may 
     consider appropriate.
       (b) Functions.--The Secretary is authorized to carry out 
     through the Administration, or through any other officer or 
     administrative unit as the Secretary may consider 
     appropriate, programs and activities authorized under--
       (1) the United States Grain Standards Act (7 U.S.C. 71 et 
     seq.); and
       (2) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et 
     seq.).
       (c) Conforming Amendments.--
       (1)(A) Section 3 of the United States Grain Standards Act 
     (7 U.S.C. 75) is amended--
       (i) by striking subsections (z) and (aa); and
       (ii) by redesignating subsection (bb) as subsection (z).
       (B) Section 3A of such Act (7 U.S.C. 75a) is repealed.
       (C) Section 5(b) of such Act (7 U.S.C. 77(b)) is amended by 
     striking ``Service employees'' and inserting ``employees of 
     the Secretary''.
       (D) The first sentences of each of sections 7(j)(2) and 
     7A(l)(2) of such Act (7 U.S.C. 79(j)(2) and 79a(l)(2), 
     respectively) are amended by striking ``supervision by 
     Service personnel of its field office personnel'' and 
     inserting ``supervision by the Secretary of the field office 
     personnel of the Secretary''.
       (E) Section 12 of such Act (7 U.S.C. 87a) is amended--
       (i) in the first sentence of subsection (c), by striking 
     ``or Administrator''; and
       (ii) in subsection (d), by striking ``or the 
     Administrator''.
       (F) Such Act (7 U.S.C. 71 et seq.) is amended by striking 
     ``Administrator'' and ``Service'' each place either term 
     appears and inserting ``Secretary''.
       (2) Section 407 of the Packers and Stockyards Act, 1921 (7 
     U.S.C. 228) is amended--
       (A) by striking subsection (b);
       (B) by redesignating subsections (c) through (f) as 
     subsections (b) through (e), respectively; and
       (C) in subsection (e) (as so designated), by striking 
     ``subsection (e)'' and inserting ``subsection (d)''.
             TITLE VIII--RESEARCH, ECONOMICS, AND EDUCATION

     SEC. 801. FEDERAL RESEARCH AND INFORMATION SERVICE.

       (a) Establishment.--The Secretary is authorized to 
     establish and maintain within the Department the Federal 
     Research and Information Service (referred to in this section 
     as the ``Service'') and to assign to the Service such 
     functions as the Secretary may consider appropriate.
       (b) Functions.--The Secretary is authorized to carry out 
     through the Service, or through any other officer or 
     administrative unit as the Secretary may consider 
     appropriate, programs and activities, including--
       (1) agricultural research; and
       (2) agricultural information and library services.

     SEC. 802. COOPERATIVE STATE RESEARCH AND EDUCATION SERVICE.

       (a) Establishment.--The Secretary is authorized to 
     establish and maintain within the Department the Cooperative 
     State Research and Education Service (referred to in this 
     section as the ``Service'') and to assign to the Service such 
     functions as the Secretary may consider appropriate.
       (b) Functions.--The Secretary is authorized to carry out 
     through the Service programs and activities, including--
       (1) cooperative research programs; and
       (2) agricultural extension and education programs.

     SEC. 803. AGRICULTURAL ECONOMICS AND STATISTICS SERVICE.

       (a) Establishment.--The Secretary may establish and 
     maintain within the Department the Agricultural Economics and 
     Statistics Service (referred to in this section as the 
     ``Service'') and to assign to the Service such functions as 
     the Secretary may consider appropriate.
       (b) Functions.--The Secretary may carry out through the 
     Service, or through any other officer or administrative unit 
     as the Secretary may consider appropriate, programs and 
     activities, including--
       (1) economic analysis and research;
       (2) energy-related programs;
       (3) crop and livestock estimates; and
       (4) agricultural statistics.
       (c) State and Local Statistical Offices and Personnel.--The 
     authority provided by subsections (a) and (b) shall not 
     authorize a substantial change in the functions or structures 
     of State and local statistical offices and employees of the 
     offices.

     SEC. 804. PROGRAM POLICY AND COORDINATION STAFF.

       (a) Establishment.--The Secretary is authorized to 
     establish and maintain within the Department the Program 
     Policy and Coordination Staff (referred to in this section as 
     the ``Staff'') and to assign to the Staff such functions as 
     the Secretary may consider appropriate.
       (b) Functions.--If the Staff is established and maintained, 
     the Staff shall provide common program policy development for 
     the Federal Research and Information Service, the Cooperative 
     State Research and Education Service, and the Agricultural 
     Economics and Statistics Service.
       (c) Composition.--Not less than 50 percent of the employees 
     of the Staff shall be former employees of the Cooperative 
     State Research Service and the Extension Service, as in 
     existence on the date of enactment of this Act.
       (d) Relationship to Functions Currently Performed by 
     NASS.--The Staff may not--
       (1) interfere with statistic collection and reporting; or
       (2) compromise the independence or integrity of statistic 
     collection and reporting functions of the National 
     Agricultural Statistics Service as in effect on the date of 
     enactment of this Act.
                         TITLE IX--FOOD SAFETY

     SEC. 901. FOOD SAFETY SERVICE.

       (a) Meat Inspection.--The Federal Meat Inspection Act (21 
     U.S.C. 601 et seq.) is amended by adding at the end the 
     following new title:
                     ``TITLE V--FOOD SAFETY SERVICE

     ``SEC. 501. FOOD SAFETY SERVICE.

       ``(a) In General.--The Secretary shall establish and 
     maintain within the United States Department of Agriculture 
     the Food Safety Service (referred to in this section as the 
     `Service') and to assign to the Service such functions as the 
     Secretary may consider appropriate.
       ``(b) Assistant Secretary for Food Safety.--
       ``(1) Appointment.--There shall be in the Service the 
     position of Assistant Secretary for Food Safety (referred to 
     in this section as the `Assistant Secretary'), who shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate.
       ``(2) Continuity of the position.--Any official serving on 
     the date of enactment of this section, who has been appointed 
     by the President and confirmed by the Senate, shall not be 
     required to be reconfirmed by reason of the enactment of this 
     Act.
       ``(3) Relationship to the secretary.--The Assistant 
     Secretary shall report directly to the Secretary.
       ``(4) General powers.--The Secretary is authorized to carry 
     out, through the Service or through such other officers or 
     administrative units as the Secretary may consider 
     appropriate, programs and activities involving food safety 
     under this Act and the Poultry Products Inspection Act (21 
     U.S.C. 451 et seq.), including--
       ``(A) providing overall direction to the Service and 
     establishing and implementing general policies concerning the 
     management and operation of programs and inspection 
     activities of the Service;
       ``(B) coordinating and overseeing the operation of all 
     administrative entities within the Service;
       ``(C) research and inspection relating to meat, meat food 
     products, poultry, and poultry products in carrying out this 
     Act and the Poultry Products Inspection Act;
       ``(D) conducting educational and public information 
     programs relating to the responsibilities of the Service; and
       ``(E) performing such other functions related to food 
     safety as the Secretary may prescribe, except that only 
     programs and activities related to food safety, as determined 
     by the Secretary, shall be administered through the Service.
       ``(c) Technical and Scientific Review Groups.--The 
     Secretary, acting through the Assistant Secretary, may, 
     without regard to the provisions of title 5, United States 
     Code, governing appointment in the competitive service, and 
     without regard to the provisions of chapter 51 and subchapter 
     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 Service, 
     including functions under this Act and under the Poultry 
     Products Inspection Act (21 U.S.C. 451 et seq.); 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.''.
       (b) Poultry Products Inspection.--The Poultry Products 
     Inspection Act (21 U.S.C. 451 et seq.) is amended--
       (1) by redesignating section 29 as section 30; and
       (2) by inserting after section 28 the following new 
     section:

     ``SEC. 29. ADMINISTRATION.

       ``The Secretary shall administer this Act through the 
     Assistant Secretary for Food Safety of the Food Safety 
     Service established under section 501 of the Federal Meat 
     Inspection Act.''.
                         TITLE X--MISCELLANEOUS

     SEC. 1001. ASSISTANT SECRETARIES OF AGRICULTURE.

       (a) Establishment.--There are established in the Department 
     six positions of Assistant Secretary of Agriculture, each to 
     be appointed by the President, by and with the advice and 
     consent of the Senate.
       (b) Functions.--Each Assistant Secretary of Agriculture 
     shall exercise such functions and perform such duties as may 
     be required by law or prescribed by the Secretary, and shall 
     receive compensation at the rate prescribed by law for an 
     Assistant Secretary of Agriculture. The compensation of any 
     person serving as an Administrator shall not be raised by 
     this Act.
       (c) Conforming Amendments.--
       (1) Section 2 of the Act of February 9, 1889 (25 Stat. 659, 
     chapter 122; 7 U.S.C. 2212), is repealed.
       (2) Section 604 of the Rural Development Act of 1972 (7 
     U.S.C. 2212a) is amended by striking subsection (a).
       (3) Section 2 of Public Law No. 94-561 (7 U.S.C. 2212b) is 
     repealed.
       (4) Section 1413 of the National Agricultural Research, 
     Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3128) is 
     amended by striking subsection (d).
       (5) Section 8 of the International Carriage of Perishable 
     Foodstuffs Act (7 U.S.C 2212c) is amended by striking 
     subsection (a).
       (d) Continuity of Positions.--Notwithstanding subsections 
     (a) and (b) and the amendments made by subsection (c), any 
     official serving in any of the positions referred to in this 
     section on 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 after the date of 
     enactment of this Act to be serving in the successor 
     positions established by subsection (a) and shall not be 
     required to be reappointed by reason of the enactment of this 
     Act.
       (e) Additional Conforming Amendments.--Section 5315 of 
     title 5, United States Code, is amended--
       (1) by striking ``Assistant Secretaries of Agriculture 
     (7)'' and inserting ``Assistant Secretaries of Agriculture 
     (six)''; and
       (2) by adding at the end the following:
       ``Administrator, Farm Service Agency, Department of 
     Agriculture.
       ``Administrator, International Trade Service, Department of 
     Agriculture.
       ``Administrator, Rural Utilities Service, Department of 
     Agriculture.''.

     SEC. 1002. REMOVAL OF OBSOLETE PROVISIONS.

       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 Research 
     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 Agricultural 
     Service, Department of Agriculture.'';
       (6) by striking ``Administrator, Rural Electrification 
     Administration, Department of Agriculture.'';
       (7) by striking ``Administrator, Soil Conservation Service, 
     Department of Agriculture.'';
       (8) by striking ``Chief Forester of the Forest Service, 
     Department of Agriculture.'';
       (9) by striking ``Director of Science and Education, 
     Department of Agriculture.'';
       (10) by striking ``Administrator, Animal and Plant Health 
     Inspection Service, Department of Agriculture.''; and
       (11) by striking ``Administrator, Federal Grain Inspection 
     Service, Department of Agriculture.''.

     SEC. 1003. ADDITIONAL CONFORMING AMENDMENTS.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary shall prepare and submit to Congress 
     recommended legislation containing additional technical and 
     conforming amendments to Federal law that are necessary as a 
     result of the enactment of this Act.

     SEC. 1004. TERMINATION OF AUTHORITY.

       (a) In General.--Subject to subsection (b), the authority 
     delegated to the Secretary by this Act to reorganize 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 the date that is 2 
     years after the date of enactment of this Act; or
       (2) the authority delegated to the Secretary under 
     Reorganization Plan No. 2 of 1953 (5 U.S.C. App. 1).

     SEC. 1005. ELIMINATION OF DUPLICATIVE INSPECTION 
                   REQUIREMENTS.

       (a) In General.--The Secretary of Agriculture shall--
       (1) eliminate inspections of pilots and aircraft by the 
     Department of Agriculture;
       (2) develop with the Administrator of the Federal Aviation 
     Administration inspection specifications and procedures by 
     which aircraft and pilots contracted by the United States 
     Department of Agriculture will be inspected. The 
     Administrator will ensure that the inspection specifications 
     and procedures are met; and
       (3) permit the utilization by the Department of Agriculture 
     of inspections and certifications of pilots and aircraft 
     conducted by the Federal Aviation Administration.
       (b) Applicability.--An inspection requirement shall be 
     eliminated pursuant to subsection (a)(1) only if the pilots 
     and aircraft are inspected by the Federal Aviation 
     Administration for compliance with the safety regulations of 
     the Federal Aviation Regulations.

  Mr. LEAHY. Mr. President, I move to reconsider the vote by which the 
bill was passed.
  Mr. LUGAR. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. LEAHY. Madam President, I thank the Members for their cooperation 
on this.
  I do want to note, as I did before, that nearly 2 years of work went 
into this, and the last few months especially has been very intensive 
work among all the staff, Republican and Democrat alike, and with the 
administration. I know I have been at more meetings than I want to even 
count with Senators on both sides of the aisle.
  I think that this is a bill that would not have passed 2 years ago 
and probably would not have passed 6 months ago, but it has now.
  I want to thank Jim Cubie, the chief counsel of our Senate 
Agriculture Committee, who worked so closely with Chuck 
Riemenschneider, the chief of staff of the Senate Agriculture 
Committee; Mike Fernandez, from the professional staff; Mike Knipe, 
counsel; and Amy Benoit and Cindy Squires of the Agriculture Committee 
staff; Scott Shearer from the administration; and Secretary Epsy, who 
came up here from time to time to meet with us. Those are the ones on 
our side.
  I want to mention the unfailing courtesy and the efforts of Senator 
Lugar and Chuck Conner, his chief of staff, in working with us and all 
the Senators who cooperated.
  And, of course, I especially want to thank the distinguished majority 
leader who made it possible to schedule this. We discussed this about 
10 o'clock, I believe, Monday night.
  And, Mr. Leader, if you could organize baseball this well--I am 
sorry.
  Mr. Leader, I must say you made it possible for this to move through 
and I thank you very, very much.
  Mr. LUGAR. Madam President, I would like to at this moment thank my 
chairman, Senator Leahy, with whom I have enjoyed such close 
cooperation, for his kind remarks.
  I would like to thank the majority leader for scheduling our bill 
today. This is of great importance to each of us on this committee.
  And I wish to thank our staff members, Chuck Conner, the head of our 
staff, Dave Johnson, Andy Morton, Terri Nintemann, Stacy Hoffhaus, and 
my own administration assistant, Marty Morris. I believe it is a step 
forward for American agriculture.
  I thank the Chair.
  Mr. MITCHELL. I thank my colleagues for their kind comments and for 
their usual diligence in moving this legislation promptly. It is a very 
significant bill. And I think the effects will be beneficial and long 
lasting.

                          ____________________