II

106TH CONGRESS

2D SESSION S. 2741

To amend the Agricultural Credit Act of 1987 to extend the authority of

the Secretary of Agriculture to provide grants for State mediation programs dealing with agricultural issues, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 15, 2000

Mr. JOHNSON (for himself, Mr. CONRAD, Mr. HARKIN, Mr. DORGAN, Mr.

ROBERTS, Mr. LEVIN, Mr. KERREY, Mr. GRASSLEY, and Mr. CRAIG) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Agricultural Credit Act of 1987 to extend

the authority of the Secretary of Agriculture to provide

grants for State mediation programs dealing with agricultural issues, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. STATE AGRICULTURAL MEDIATION PROGRAMS.

4 (a) ELIGIBLE PERSON; MEDIATION SERVICES.—Sec5 tion 501 of the Agricultural Credit Act of 1987 (7 U.S.C.

6 5101) is amended—
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•S 2741 IS

1 (1) in subsection (c), by striking paragraphs (1)

2 and (2) and inserting the following:

3 ‘‘(1) ISSUES COVERED.—

4 ‘‘(A) IN GENERAL.—To be certified as a

5 qualifying State, the mediation program of the

6 State must provide mediation services to per7 sons described in paragraph (2) that are in8 volved in agricultural loans (regardless of

9 whether the loans are made or guaranteed by

10 the Secretary or made by a third party).

11 ‘‘(B) OTHER ISSUES.—The mediation pro12 gram of a qualifying State may provide medi13 ation services to persons described in paragraph

14 (2) that are involved in 1 or more of the fol15 lowing issues under the jurisdiction of the De16 partment of Agriculture:

17 ‘‘(i) Wetlands determinations.

18 ‘‘(ii) Compliance with farm programs,

19 including conservation programs.

20 ‘‘(iii) Agricultural credit.

21 ‘‘(iv) Rural water loan programs.

22 ‘‘(v) Grazing on National Forest Sys23 tem land.

24 ‘‘(vi) Pesticides.
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1 ‘‘(vii) Such other issues as the Sec2 retary considers appropriate.

3 ‘‘(2) PERSONS ELIGIBLE FOR MEDIATION.—The

4 persons referred to in paragraph (1) include—

5 ‘‘(A) agricultural producers;

6 ‘‘(B) creditors of producers (as applicable);

7 and

8 ‘‘(C) persons directly affected by actions of

9 the Department of Agriculture.’’; and

10 (2) by adding at the end the following:

11 ‘‘(d) DEFINITION OF MEDIATION SERVICES.—In this

12 section, the term ‘mediation services’ may include all ac13 tivities related to—

14 ‘‘(1) the intake and scheduling of cases;

15 ‘‘(2) the provision of background and selected

16 information regarding the mediation process;

17 ‘‘(3) financial advisory and counseling services

18 (as appropriate); and

19 ‘‘(4) the mediation session.’’.

20 (b) USE OF MEDIATION GRANTS.—Section 502(c) of

21 the Agricultural Credit Act of 1987 (7 U.S.C. 5102(c))

22 is amended—

23 (1) by striking ‘‘Each’’ and inserting the fol24 lowing:

25 ‘‘(1) IN GENERAL.—Each’’; and
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•S 2741 IS

1 (2) by adding at the end the following:

2 ‘‘(2) OPERATION AND ADMINISTRATION EX3 PENSES.—For purposes of paragraph (1), operation

4 and administration expenses for which a grant may

5 be used include—

6 ‘‘(A) salaries;

7 ‘‘(B) reasonable fees and costs of medi8 ators;

9 ‘‘(C) office rent and expenses, such as util10 ities and equipment rental;

11 ‘‘(D) office supplies;

12 ‘‘(E) administrative costs, such as workers’

13 compensation, liability insurance, the employ14 er’s share of Social Security, and necessary

15 travel;

16 ‘‘(F) education and training;

17 ‘‘(G) security systems necessary to ensure

18 the confidentiality of mediation sessions and

19 records of mediation sessions;

20 ‘‘(H) costs associated with publicity and

21 promotion of the mediation program;

22 ‘‘(I) preparation of the parties for medi23 ation; and

24 ‘‘(J) financial advisory and counseling

25 services for parties requesting mediation.’’.
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1 (c) DUTIES OF THE SECRETARY OF AGRICULTURE.—

2 Section 503(a)(1) of the Agricultural Credit Act of 1987

3 (7 U.S.C. 5103(a)(1)) is amended—

4 (1) in subparagraph (B), by striking ‘‘and’’

5 after the semicolon at the end;

6 (2) in subparagraph (C), by striking the period

7 at the end and inserting ‘‘; and’’; and

8 (3) by adding at the end the following:

9 ‘‘(D) shall implement procedures to ensure

10 the confidentiality of any State mediation pro11 gram certified under section 501 (including any

12 related communications and records) in accord13 ance with section 574 of title 5, United States

14 Code.’’.

15 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

16 506 of the Agricultural Credit Act of 1987 (7 U.S.C.

17 5106) is amended by striking ‘‘for each of the fiscal years

18 1998 through 2000’’ and inserting ‘‘for each fiscal year’’.

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