Pub. L. 101-624, tit. XXIII, subtit. A, sec. 2302
RURAL DEVELOPMENT ADMINISTRATION.
SEC. 2302. RURAL DEVELOPMENT ADMINISTRATION. (a) Amendments to the Consolidated Farm and Rural Development Act.— The Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) is amended— (1) by adding after the sections added thereto by subtitle A of title XVIII of this Act the following new section: “SEC. 364. RURAL DEVELOPMENT ADMINISTRATION. “(a) Establishment.— There is established in the Department of Agriculture the Rural Development Administration, which shall be headed by an Administrator appointed by the Secretary. “(b) Administration.— Except as provided in subsection (c), or as otherwise provided in this section, the Secretary shall carry out this Act through the Farmers Home Administration. “(c) Exceptions.— The Secretary shall carry out section 303 (in the case of loans made for purposes specified in paragraphs (2) and (3) of section 303(a)), section 304(b), section 306(a), section 306B, section 310A, section 310B, section 312(a) (in the case of loans made for the purposes specified in paragraphs (5) and (6) of section 312(a)), section 1323 of the Food Security Act of 1985 (7 U.S.C. 1932 note), title VI of the Rural Development Act of 1972, and such other rural development programs as the Secretary determines appropriate through the Rural Development Administration. “(d) References.— Any reference in any law, regulation, or order in effect immediately before the date of enactment of this section to the Farmers Home Administration or to the Administrator of the Farmers Home Administration or of the Farmers Home Administration relating to any function, power, or duty that is, on or after such date, a function, power, or duty of the Rural Development Administration or the Administrator of the Rural Development Administration, shall be deemed to be a reference to the Rural Development Administration or to the Administrator of the Rural Development Administration, as the case may be. “(e) Effect on Pending Proceedings and Parties to Such Proceedings.— “(1) Nonabatement of actions.— This section does not abate any proceeding commenced— “(A) by or against any entity any function of which is transferred by this section; or “(B) by or against any officer of any entity referred to in subparagraph (A) in the official capacity of such individual as such an officer. “(2) Effect on parties.— If an officer of the Farmers Home Administration, in the official capacity of such officer, is a party to a proceeding pending on the date of enactment of this section,104 STAT. 3980 and under this section the officer or any function of the officer is transferred to the Rural Development Administration, Department of Agriculture, then such action shall be continued with the Secretary or the Administrator, Rural Development Administration, or other appropriate officer of the Department substituted or added as a party. “(3) Transfer of certain rights of farmers home administration to rural development administration.— The rights, interests, obligations, and duties of the Farmers Home Administration arising before the date of enactment of this section from any loan made, insured, or guaranteed, or any grant or contract made, by the Farmers Home Administration in the exercise of its functions shall— “(A) with respect to any function to be exercised on or after such date by the Farmers Home Administration under subsection (b), continue to be vested in the Farmers Home Administration; and “(B) with respect to any function to be exercised on or after such date by the Rural Development Administration under subsection (c), be vested in the Rural Development Administration. “(f) Compensation of Administrator.— The Administrator of the Rural Development Administration shall be compensated in accordance with subchapter VIII of chapter 53 of title 5, United States Code.”; and (2) in section 309(e)— (A) by inserting “and the Rural Development Administration, in proportion to such charges collected in connection with the insurance of loans by such agency” after “Farmers Home Administration”; and (B) by striking “expenses.” and inserting “expenses for such agency.”. (b) Facilitation of Transfer of Functions.— (1) Notwithstanding the provisions of section 331 of the Consolidated Farm and Rural Development Act, as soon as practicable, but in no case later than 180 days after the date of enactment of this section, the Secretary shall transfer to the Rural Development Administration the powers, duties, and assets of the agencies, offices, and other entities in the Department of Agriculture, or elements thereof, related to the performance of rural development functions, including, but not limited to, the agencies, offices, and other entities in the Department of Agriculture, or elements thereof, that administer sections 303 (in the case of loans made for purposes specified in paragraphs (2) and (3) of subsection (a) of section 303), 304(b), 306(a), 306B, 310A, 310B, and section 312(a) (in the case of loans made for the purposes specified in paragraphs (5) and (6) of section 312(a)) of the Consolidated Farm and Rural Development Act, section 1323 of the Food Security Act of 1985 (7 U.S.C. 1932 note), title VI of the Rural Development Act of 1972, and such other rural development programs as the Secretary determines appropriate. (2) Incidental transfers.— The Secretary shall make such determinations, and shall transfer such personnel from the Farmers Home Administration, as may be necessary or appropriate with regard to the functions transferred to the Rural Development Administration under this section or the amendments made by this section. The Secretary shall also make such additional incidental dispositions of personnel, assets, liabilities, contracts, property,104 STAT. 3981 records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available, or to be made available in connection with the functions transferred by this section or the amendments made by this section, as the Secretary may deem necessary to accomplish the purposes of this section. (3) Effective and efficient transfer of authority.— The Administrator of the Farmers Home Administration and the Secretary shall take whatever steps are necessary to assure the effective and efficient transfer of authority as provided for in this section.