Federal Crop Insurance Reform and Department
of Agriculture Reorganization Act of 1994
PUBLIC LAW 103-354
OCTOBER 13, 1994
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TITLE II--DEPARTMENT
OF AGRICULTURE REORGANIZATION
SEC. 201.(1) SHORT
TITLE.
(a) SHORT TITLE.—This title may be
cited as the "Department of Agriculture
Reorganization Act of 1994".
SEC. 202.(2) PURPOSE.
The purpose of this title 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 by the Department.
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SUBTITLE A--GENERAL REORGANIZATION
AUTHORITIES
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SEC. 218. (3) ASSISTANT SECRETARIES OF
AGRICULTURE.
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(e) REPEAL OF SUPERSEDED PROVISIONS REGARDING
ASSISTANT SECRETAR IES.—The following
provisions of law are repealed:
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(7) Section 1413(d) of the National Agricultural
Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3128(d)).
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SUBTITLE F—RESEARCH, EDUCATION,
AND ECONOMICS
SEC. 251.(4) UNDER
SECRETARY OF AGRICULTURE FOR RESEARCH,
EDUCA TION, AND ECONOMICS.
(a) AUTHORIZATION.—The Secretary
is authorized to establish in the Department
the position of Under Secretary of Agriculture
for Research, Education, and Economics.
(b) CONFIRMATION REQUIRED.—If the
Secretary establishes the position of Under
Secretary of Agriculture for Research,
Education, and Economics authorized under
subsection (a), the Under Secretary shall
be appointed by the President, by and with
the advice and consent of the Senate.
(c) FUNCTIONS OF UNDER SECRETARY.—
(1) PRINCIPAL FUNCTIONS.—Upon establishment,
the Secretary shall delegate to the Under
Secretary of Agriculture for Research,
Education, and Economics those functions
and duties under the jurisdiction of the
Department that are related to research,
education, and economics.
(2) ADDITIONAL FUNCTIONS.—The Under
Secretary of Agriculture for Research,
Education, and Economics shall perform
such other functions and duties as may
be required by law or prescribed by the
Secretary.
(d) COOPERATIVE STATE RESEARCH, EDUCATION,
AND EXTENSION SERVICE.-
(1) ESTABLISHMENT.—There is established
in the Department a Cooperative State Research,
Education, and Extension Service.
(2) FUNCTIONS.—The Secretary shall
delegate to the Cooperative State Research,
Education, and Extension Service functions
related to cooperative State research programs
and cooperative extension and education
programs that are under the jurisdiction
of the Department.
(3)OFFICER-IN-CHARGE.—If the Secretary
establishes the position of Under Secretary
of Agriculture for Research, Education,
and Economics, the officer in charge of
the Cooperative State Research, Education,
and Extension Service shall report directly
to the Under Secretary.
(e)EXECUTIVE SCHEDULE.—Section 5314
of title 5, United States Code, is amended
by inserting after the item relating to
the Under Secretary of Agriculture for
Natural Resources and Environment (as added
by section 245(e)) the following: "Under
Secretary of Agriculture for Research,
Education, and Economics.".
SEC. 252.(5) PROGRAM
STAFF.
In making the personnel reductions required
under section 213, the Secretary shall
reduce the number of Federal research and
education personnel of the Department by
a percentage equal to at least the percentage
of overall Department personnel reductions.
The Secretary shall achieve such reduction
in research and education personnel in
a manner that minimizes duplication and
maximizes coordination between Federal
and State research and extension activities.
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TITLE III--MISCELLANEOUS
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SEC. 302.(6) FIRST
AMENDMENT RIGHTS OF EMPLOYEES OF THE UNITED
STATES DEPARTMENT OF AGRICULTURE.
Notwithstanding any other provision of
law, no employee of the United States Department
of Agriculture shall be peremptorily removed,
on or after February 15, 1994, from the
position of the employee without an opportunity
for a public or nonpublic hearing, at the
option of the employee, because of remarks
made during personal time in opposition
to policies, or proposed policies, of the
Department, including policies or proposed
policies regarding homosexuals. Any employee
removed on or after February 15, 1994,
without the opportunity for such a hearing
shall be reinstated to the position of
the employee pending such a hearing.
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SEC. 304.(7) OFFICE
OF RISK ASSESSMENT AND COST-BENEFIT ANALYSIS.
(a) OFFICE OF RISK ASSESSMENT AND COST-BENEFIT
ANALYSIS.—The Secretary of Agriculture
shall establish in the Department of Agriculture
an Office of Risk Assessment and Cost-Benefit
Analysis, which shall be under the direction
of a Director appointed by the Secretary.
(b) FUNCTIONS.—The Director shall
ensure that any regulatory analysis that
is conducted under this section includes
a risk assessment and cost-benefit analysis
that is performed consistently and uses
reasonably obtainable and sound scientific,
technical, economic, and other data.
(1) IN GENERAL.—Effective six months
after the date of enactment of this Act,
the Secretary of Agriculture shall publish
in the Federal Register, for each proposed
major regulation the primary purpose of
which is to regulate issues of human health,
human safety, or the environment that is
promulgated by the Department after the
enactment of this Act, an analysis with
as much specificity as practicable, of —
(A) the risk, including the effect of
the risk, to human health, human safety,
or the environment, and any combination
thereof, addressed by the regulation, including,
where applicable and practicable, the health
and safety risks to persons who are disproportionately
exposed or particularly sensitive;
(B) the costs associated with the implementation
of, and compliance with, the regulation;
(C) where appropriate and meaningful,
a comparison of that risk relative to other
similar risks regulated by the Department
or other Federal Agency, resulting from
comparable activities and exposure pathways
(such comparisons should consider relevant
distinctions among risks, such as the voluntary
or involuntary nature of risks and the
preventability or nonpreventability of
risks); and
(D) the quantitative and qualitative benefits
of the regulation, including the reduction
or prevention of risk expected from the
regulation.
Where such a regulatory analysis is not
practicable because of compelling circumstances,
the Director shall provide an explanation
in lieu of conducting an analysis under
this section.
(2) EVALUATION.—The regulatory analysis
referred to in paragraph (1) should also
contain a statement that the Secretary
of Agriculture evaluated —
(A) whether the regulation will advance
the purpose of protecting against the risk
referred to in paragraph (1)(A); and
(B) whether the regulation will produce
benefits and reduce risks to human health,
human safety, or the environment, and any
combination thereof, in a cost-effective
manner as a result of the implementation
of and compliance with the regulation,
by local, State, and Federal Government
and other public and private entities,
as estimated in paragraph (1)(B).
(3) This section shall not be construed
to amend, modify, or alter any statute
and shall not be subject to judicial review.
This section shall not be construed to
grant a cause of action to any person.
The Secretary of Agriculture shall perform
the analyses required in this section in
such a manner that does not delay the promulgation
or implementation of regulations mandated
by statute or judicial order.
(c) DEFINITION.—As used in this section,
the term "major regulation" means
any regulation that the Secretary of Agriculture
estimates is likely to have an annual impact
on the economy of the United States of
$100,000,000 in 1994 dollars.
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(1) 7 U.S.C. 6901 note.
(2) 7 U.S.C. 6901.
(3) 7 U.S.C. 6918.
(4) 7 U.S.C. 6971.
(5) 7 U.S.C. 6972.
(6) 7 U.S.C. 2231b.
(7) 7 U.S.C. 2204e.
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