[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.
____________________