[House Report 117-372]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-372
======================================================================
TO AMEND THE DEPARTMENT OF AGRICULTURE REORGANIZATION ACT OF 1994 TO
ESTABLISH AN AGRICULTURAL AND FOOD SYSTEM SUPPLY CHAIN RESILIENCE AND
CRISIS RESPONSE TASK FORCE, AND FOR OTHER PURPOSES
_______
June 15, 2022.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. David Scott of Georgia, from the Committee on Agriculture,
submitted the following
R E P O R T
[To accompany H.R. 7675]
[Including cost estimate of the Congressional Budget Office]
The Committee on Agriculture, to whom was referred the bill
(H.R. 7675) to amend the Department of Agriculture
Reorganization Act of 1994 to establish an Agricultural and
Food System Supply Chain Resilience and Crisis Response Task
Force, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. AGRICULTURAL AND FOOD SYSTEM SUPPLY CHAIN RESILIENCE AND
CRISIS RESPONSE TASK FORCE.
(a) In General.--Subtitle B of title II of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6931 et seq.) is
amended by adding at the end the following:
``SEC. 229. AGRICULTURAL AND FOOD SYSTEM SUPPLY CHAIN RESILIENCE AND
CRISIS RESPONSE TASK FORCE.
``(a) Establishment.--Not later than 60 days after the date of the
enactment of this section, the Secretary shall establish in the
Department an Agricultural and Food System Supply Chain Resilience and
Crisis Response Task Force (in this section referred to as the `Task
Force').
``(b) Mission.--The mission of the Task Force shall be the following:
``(1) Help to promote the leadership of the United States
with respect to the stability of the agriculture and food
system supply chain.
``(2) Encourage a Government-wide approach through
partnerships and collaboration with the private sector, labor
organizations, the governments of countries that are allies or
key international partners of the United States, States or
political subdivisions thereof, and Tribal governments in order
to--
``(A) promote the resilience of the agriculture and
food system supply chain; and
``(B) identify, prepare for, and respond to shocks to
the agricultural and food system supply chain.
``(3) Monitor the resilience, diversity, security, and
strength of the agricultural and food system supply chain.
``(4) Support the availability of agricultural and food
system supply chain goods for domestic manufacturers, domestic
producers, and domestic enterprises in the United States and in
countries that are allies or key international partners.
``(5) Assist the Federal Government in preparing for and
responding to shocks to the agricultural and food system supply
chain.
``(6) Support the creation of jobs with competitive wages in
the United States agricultural and food system sector.
``(7) Coordinate executive branch actions necessary to carry
out the functions described in paragraphs (1) through (6).
``(c) Special Advisor on Supply Chain Resilience and Crisis
Response.--The head of the Task Force shall be the Special Advisor on
Supply Chain Resilience and Crisis Response (in this section, referred
to as the `Special Advisor') who shall be appointed by the Secretary.
``(d) Agriculture and Food System Supply Chain Evaluation and
Report.--
``(1) Evaluation.--The Special Advisor, in consultation with
the Secretary of Commerce and the Secretary of Transportation,
shall conduct an evaluation of the stability and reliability of
the agriculture and food system supply chain. The evaluation
shall focus on the items listed in subsection (b).
``(2) Report to congress.--Not later than 270 days after the
date of the enactment of this section, the Special Advisor
shall submit to the Committee on Agriculture, the Committee on
Energy and Commerce, and the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the evaluation conducted under subsection
(a) that includes the following:
``(A) An evaluation of--
``(i) the strengths of the agriculture and
food system supply chain;
``(ii) the weaknesses of the agriculture and
food system supply chain;
``(iii) current and potential future critical
bottlenecks in the agriculture and food system
supply chain, including transportation
bottlenecks in the distribution of agricultural
inputs, processed and unprocessed food and food
input products, and consumer-ready food
products;
``(iv) workforce challenges and opportunities
in the agriculture and food system supply
chain; and
``(v) the overall stability and reliability
of the agriculture and food system supply
chain.
``(B) An evaluation of Federal, State, and local laws
and regulations that--
``(i) increase the stability and reliability
of the agriculture and food system supply
chain; or
``(ii) decrease or otherwise negatively
impact the stability and reliability of the
agriculture and food system supply chain.
``(C) Specific recommendations to improve the
security, safety, and resilience of the agriculture and
food system supply chain, including recommendations
that address challenges identified under paragraph (1)
and that also address--
``(i) long-term strategies;
``(ii) industry best practices;
``(iii) risk-mitigation actions to prevent
future bottlenecks and vulnerabilities at all
levels of the agriculture and food system
supply chain; and
``(iv) legislative and regulatory actions
that would positively impact the security and
resilience of the agriculture and food system
supply chain.
``(e) Termination.--The Task Force shall terminate on the earlier
of--
``(1) the date on which the report required by subsection (d)
is submitted; or
``(2) September 30, 2023.''.
(b) Technical Amendment.--Section 296(b) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended by
adding at the end the following:
``(11) The authority of the Secretary to establish in the
Department the Agricultural and Food System Supply Chain
Resilience and Crisis Response Task Force in accordance with
section 229.''.
Brief Explanation
H.R. 7675 would amend the Department of Agriculture
Reorganization Act of 1994 to establish an Agricultural and
Food System Supply Chain Resilience and Crisis Response Task
Force at the U.S. Department of Agriculture. The Task Force
would be responsible for evaluating the stability and
reliability of the agriculture and food system as well as
identifying specific recommendations to improve the security,
safety and resilience of the supply chain. The Task Force would
be required to submit a report detailing its work and
recommendations to Congress no later than 270 days after the
enactment of the bill. The Task Force would also wind down
after the earlier of September 30, 2023, or submission of the
report to Congress. This bill is additive to complimentary
ongoing and planned programs that the Department of Agriculture
is carrying out under existing authorities and funding. The
Committee's intent behind passage of this bill is in no way
intended to limit or pause those programs and efforts.
Purpose and Need for Legislation
The Novel Coronavirus 2019 (COVID-19) pandemic altered
nearly every facet of daily life and rapidly and dramatically
transformed how food and agricultural products are consumed
and, by necessity, how they are produced and delivered. As
consumers panic-bought food at the retail level and demand
shifted away from commercial, institutional, and restaurant
purchasing, the entire food supply chain struggled to adjust to
accommodate the new market conditions. These changes stressed
many supply chains, and an uneven recovery that continues to
disrupt supply chains has been exacerbated by Russia's war
against Ukraine. The pandemic amplified the importance of
having a durable and adaptable supply chain. While mass food
shortages have been avoided in the United States, the entire
supply chain is encountering raw material shortages, higher
costs of production, higher prices for goods, delays, and an
inability to predict demand for operational planning. This
phenomenon is being experienced in most countries and sectors
at varying scales.
Global supply chain disruptions have led to increases in
the cost of food and fuel in the United States. The other
factors that play into higher prices are the increased costs of
shipping and labor, which get passed through onto consumers,
and changes in consumption dynamics. This confluence of
challenges has led to inflation--where the purchasing power of
the dollar is reduced relative to the cost of goods.
On February 24, 2021, the President signed Executive Order
14017 on ``America's Supply Chains,'' directing a whole-of-
government approach to assessing vulnerabilities in, and
strengthening the resilience of, critical supply chains. The
President also established a new Supply Chain Disruptions Task
Force led by the Secretaries of Commerce, Transportation, and
Agriculture.
Such complex problems require a comprehensive approach from
USDA to develop solutions. H.R. 7675 establishes a USDA
taskforce and special advisor that would coordinate various
agency equities dealing with supply chain to ensure a
comprehensive approach. In addition to monitoring and
evaluating the food and agriculture supply chain's strength,
weaknesses, and resilience, the Task Force would liaise with
private-sector stakeholders and the Federal Government
interagency. It would also facilitate Congressional oversight
and cooperation by requiring the taskforce to report out to
Congress on evaluation findings and recommendations. In short,
this Task Force would help streamline and augment existing
supply chain efforts at USDA and hold the Department
accountable for these activities.
H.R. 7675, To amend the Department of Agriculture Reorganization Act of
1994 To Establish an Agricultural and Food System Supply Chain
Resilience and Crisis Response Task Force, and for Other Purposes
Section-by-Section
Section 1. Agricultural and Food System Supply Chain Resilience and
Crisis Response Task Force
Section 1 amends the Department of Agriculture
Reorganization Act of 1994, to establish an Agricultural and
Food System Supply Chain Resilience and Crisis Response Task
Force in the U.S. Department of Agriculture.
The goals of the task force are to promote stability and
resiliency within agriculture and food system supply chains, as
well as ensure availability of goods and inputs from domestic
producers and key allies of the United States.
The task force shall engage in a government-wide approach,
and in collaboration with the private-sector, monitor the
resilience, diversity, security and strength of the food and
agriculture supply chain, assist the Federal Government in
preparing for and responding to shocks, and support the
creation of jobs with competitive wages in the U.S. agriculture
and food sector.
A Special Advisor on Supply Chain Resilience and Crisis
Response, appointed by the Secretary, will head the task force.
The task force shall coordinate Executive Branch actions to
carry out these functions.
The Special Advisor is required to conduct an evaluation of
the stability and reliability of the food system and supply
chain and submit a report on the food system's strengths and
weaknesses, an evaluation of related current laws and
regulations, and recommendations to address supply chain
challenges to Congress no later than 270 days after the
implementation of this statute.
Committee Consideration
I. HEARING
The Committee on Agriculture held one hearing in the 117th
Congress in anticipation of related supply chain legislation.
On November 3, 2021, the full Committee on Agriculture held
a hearing entitled ``The Immediate Challenges to our Nation's
Food Supply Chain'' where the following witnesses testified on
supply chain issues, which are addressed, in part in H.R. 7675:
Mr. Jon Schwalls, Executive Officer,
Southern Valley Fruit and Vegetable, Inc., on behalf of
Georgia Fruit and Vegetable Growers Association, Norman
Park, GA
Mr. Ed Cinco, Director of Purchasing,
Schwebel's Baking Company, on behalf of the American
Bakers Association, Youngstown, OH
Mr. Greg Ferrara, President and Chief
Executive Officer, National Grocers Association,
Washington, D.C.
Mr. Mike Durkin, President and Chief
Executive Officer, Leprino Foods Company, on behalf of
International Dairy Foods Association, Denver, CO
Mr. Jon Samson, Vice President of
Conferences and Executive Director, Agricultural & Food
Transporters Conference, American Trucking Association,
Arlington, VA
Mr. Rod Wells, Chief Supply Chain Officer,
GROWMARK, Inc., on behalf of the Agricultural Retailers
Association, Bloomington, IL
This hearing examined the broad and complex challenges
facing the food and agriculture supply chain. Witnesses offered
perspectives on the impact of the COVID-19 pandemic on the
economy, transportation and logistics, the workforce, farm-
level production challenges such as rising input costs,
ingredient, and raw material sourcing.
II. FULL COMMITTEE
On May 17, 2022, the Committee on Agriculture met pursuant
to notice, with a quorum present, to consider H.R. 7675, To
amend the Department of Agriculture Reorganization Act of 1994
to establish an Agricultural and Food System Supply Chain
Resilience and Crisis Response Task Force, and for other
purposes. Chairman Scott made an opening statement as did
Ranking Member Thompson. Chairman Scott requested other Members
submit their opening statements for the record. Without
objection, H.R. 7675 was placed before the Committee for
consideration, a first reading of the bill was waived. The bill
was considered en bloc.
Discussion occurred and counsel for the Committee answered
Member questions. After discussion, Chairman Scott made a
single motion for unanimous consent to adopt and order
favorably reported H.R. 7675, with an amendment in the nature
of a substitute as filed by Ms. Craig. The motion for unanimous
consent was adopted without objection.
At the conclusion of the meeting, Chairman Scott advised
Members that pursuant to the Rules of the House of
Representatives, Members had until May 20 at 12:00 p.m. to file
any supplemental, additional, dissenting, or minority views
with the Committee. Without objection, staff was given
permission to make any necessary technical, clarifying, or
conforming changes to reflect the intent of the Committee.
Chairman Scott thanked all the Members and adjourned the
meeting.
Committee Votes
In compliance with clause 3(b) of rule XIII of the House of
Representatives, H.R. 7675 was reported by unanimous consent
with a majority quorum present.
Committee Oversight Findings
Pursuant to clause 3(d)(2) of rule XIII of the Rules of the
House of Representatives, the Committee report incorporates the
cost estimate prepared by the Direction of the Congressional
Office pursuant to sections 402 and 423 of the Congressional
Budget Act of 1974.
Cost of Legislation and Congressional Budget Act
The provisions of clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives and section 308(a)(1) of the
Congressional Budget Act of 1974 (relating to estimates of new
budget authority, new spending authority, new credit authority,
or increased or decreased revenues or tax expenditures) are not
considered applicable. The estimate and comparison required to
be prepared by the Director of the Congressional Budget Office
under clause 3(c)(3) of rule XIII of the Rules of the House of
Representatives and sections 402 and 423 of the Congressional
Budget Act of 1974 submitted to the Committee prior to the
filing of this report are as follows:
U.S. Congress,
Congress Budget Office,
Washington, DC, May 27, 2022.
Hon. David Scott,
Chairman, Committee on Agriculture,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 7675, a bill to
amend the Department of Agriculture Reorganization Act of 1994
to establish an Agricultural and Food System Supply Chain
Resilience and Crisis Response Task Force, and for other
purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Tiffany
Arthur.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 7675 would establish a task force in the Department of
Agriculture to evaluate the stability and reliability of the
nation's agriculture and food system supply chain. Under the
bill, the Secretary of Agriculture would appoint a special
advisor to head the task force and consult with the Secretaries
of Commerce and Transportation as part of the evaluation. The
bill also would require the advisor to report the task force's
findings to the Congress and recommend ways to improve the
supply chain's safety, security, and resilience. The task
force's authority would end on September 30, 2023.
Using information about the costs of similar activities,
CBO estimates that implementing the bill would cost less than
$500,000; any spending would be subject to the availability of
appropriated funds.
The CBO staff contact for this estimate is Tiffany Arthur.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Constitutional Authority Statement
The Committee finds the Constitutional authority for this
legislation in Article I, section 8, clause 18, that grants
Congress the power to make all laws necessary and proper for
carrying out the powers vested by Congress in the consideration
of the United States or in any department or officer thereof.
The Committee further finds the Constitutional authority for
this legislation in Article I, section 8, clause 3, that grants
Congress the authority to regulate foreign and interstate
commerce.
Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the House of
Representatives, the performance goals and objectives of this
measure are to strengthen the agriculture and food system
supply chain and reduce the associated costs of supply chain
disruptions for American farmers, ranchers, and consumers.
Committee Cost Estimate
Pursuant to clause 3(d)(2) of rule XIII of the Rules of the
House of Representatives, the Committee report incorporates the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to sections 402 and 423 of the
Congressional Budget Act of 1974.
Advisory Committee Statement
No advisory committee within the meaning of section 5(b) of
the Federal Advisory Committee Act was created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Federal Mandates Statement
The Committee adopted as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Earmark Statement
This measure does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(e), 9(f), or 9(g) of rule XXI of the House of
Representatives.
Duplication of Federal Programs
This measure does not establish or reauthorize a program of
the Federal Government known to be duplicative of another
Federal program, a program that was included in any report from
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program in the most recent Catalog of Federal Domestic
Assistance.
Disclosure of Directed Rulemakings
The Committee does not believe that the legislation directs
an Executive Branch official to conduct any specific rule
making proceedings within the meaning of 5 U.S.C. 551.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
DEPARTMENT OF AGRICULTURE REORGANIZATION ACT OF 1994
* * * * * * *
TITLE II--DEPARTMENT OF AGRICULTURE REORGANIZATION
* * * * * * *
Subtitle B--Farm Production and Conservation
* * * * * * *
SEC. 229. AGRICULTURAL AND FOOD SYSTEM SUPPLY CHAIN RESILIENCE AND
CRISIS RESPONSE TASK FORCE.
(a) Establishment.--Not later than 60 days after the date of
the enactment of this section, the Secretary shall establish in
the Department an Agricultural and Food System Supply Chain
Resilience and Crisis Response Task Force (in this section
referred to as the ``Task Force'').
(b) Mission.--The mission of the Task Force shall be the
following:
(1) Help to promote the leadership of the United
States with respect to the stability of the agriculture
and food system supply chain.
(2) Encourage a Government-wide approach through
partnerships and collaboration with the private sector,
labor organizations, the governments of countries that
are allies or key international partners of the United
States, States or political subdivisions thereof, and
Tribal governments in order to--
(A) promote the resilience of the agriculture
and food system supply chain; and
(B) identify, prepare for, and respond to
shocks to the agricultural and food system
supply chain.
(3) Monitor the resilience, diversity, security, and
strength of the agricultural and food system supply
chain.
(4) Support the availability of agricultural and food
system supply chain goods for domestic manufacturers,
domestic producers, and domestic enterprises in the
United States and in countries that are allies or key
international partners.
(5) Assist the Federal Government in preparing for
and responding to shocks to the agricultural and food
system supply chain.
(6) Support the creation of jobs with competitive
wages in the United States agricultural and food system
sector.
(7) Coordinate executive branch actions necessary to
carry out the functions described in paragraphs (1)
through (6).
(c) Special Advisor on Supply Chain Resilience and Crisis
Response.--The head of the Task Force shall be the Special
Advisor on Supply Chain Resilience and Crisis Response (in this
section, referred to as the ``Special Advisor'') who shall be
appointed by the Secretary.
(d) Agriculture and Food System Supply Chain Evaluation and
Report.--
(1) Evaluation.--The Special Advisor, in consultation
with the Secretary of Commerce and the Secretary of
Transportation, shall conduct an evaluation of the
stability and reliability of the agriculture and food
system supply chain. The evaluation shall focus on the
items listed in subsection (b).
(2) Report to congress.--Not later than 270 days
after the date of the enactment of this section, the
Special Advisor shall submit to the Committee on
Agriculture, the Committee on Energy and Commerce, and
the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry and the Committee
on Commerce, Science, and Transportation of the Senate
a report on the evaluation conducted under subsection
(a) that includes the following:
(A) An evaluation of--
(i) the strengths of the agriculture
and food system supply chain;
(ii) the weaknesses of the
agriculture and food system supply
chain;
(iii) current and potential future
critical bottlenecks in the agriculture
and food system supply chain, including
transportation bottlenecks in the
distribution of agricultural inputs,
processed and unprocessed food and food
input products, and consumer-ready food
products;
(iv) workforce challenges and
opportunities in the agriculture and
food system supply chain; and
(v) the overall stability and
reliability of the agriculture and food
system supply chain.
(B) An evaluation of Federal, State, and
local laws and regulations that--
(i) increase the stability and
reliability of the agriculture and food
system supply chain; or
(ii) decrease or otherwise negatively
impact the stability and reliability of
the agriculture and food system supply
chain.
(C) Specific recommendations to improve the
security, safety, and resilience of the
agriculture and food system supply chain,
including recommendations that address
challenges identified under paragraph (1) and
that also address--
(i) long-term strategies;
(ii) industry best practices;
(iii) risk-mitigation actions to
prevent future bottlenecks and
vulnerabilities at all levels of the
agriculture and food system supply
chain; and
(iv) legislative and regulatory
actions that would positively impact
the security and resilience of the
agriculture and food system supply
chain.
(e) Termination.--The Task Force shall terminate on the
earlier of--
(1) the date on which the report required by
subsection (d) is submitted; or
(2) September 30, 2023.
* * * * * * *
Subtitle K--Miscellaneous Reorganization Provisions
* * * * * * *
SEC. 296. TERMINATION OF AUTHORITY.
(a) In General.--Subject to subsection (b), the authority
delegated to the Secretary by this title 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.
(2) The authority delegated to the Secretary under
Reorganization Plan No. 2 of 1953 (5 U.S.C. App.; 7
U.S.C. 2201 note).
(3) The authority of an agency, office, officer, or
employee of the Department to continue to perform all
functions delegated or assigned to the entity or person
as of that termination date.
(4) The authority of the Secretary to establish in
the Department the position of Under Secretary of
Agriculture for Marketing and Regulatory Programs under
section 285.
(5) The authority of the Secretary to establish
within the Department the position of Assistant
Secretary of Agriculture for Civil Rights, and delegate
duties to the Assistant Secretary, under section 218.
(6) The authority of the Secretary to establish in
the Department, under section 251--
(A) the position of Under Secretary of
Agriculture for Research, Education, and
Economics;
(B) the Office of the Chief Scientist; and
(C) the National Institute of Food and
Agriculture.
(7) The authority of the Secretary to establish in
the Department the Office of Advocacy and Outreach in
accordance with section 226B.
(8) The authority of the Secretary to carry out
amendments made to this title by the Agricultural Act
of 2014.
(9) The authority of the Secretary to carry out the
amendments made to this title by section 772 of the
Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations
Act, 2018.
(10) The authority of the Secretary to carry out the
amendments made to this title by the Agriculture
Improvement Act of 2018.
(11) The authority of the Secretary to establish in
the Department the Agricultural and Food System Supply
Chain Resilience and Crisis Response Task Force in
accordance with section 229.
* * * * * * *
[all]