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(A) adverse decisions that are reversed or
modified; or
(B) administrative appeal reviews that are
determined to not have merit by the Division;
(2) fails to properly implement decisions;
(3) fails to satisfactorily perform the reviewing
and monitoring responsibilities required under sec-
tion 10(c); or
(4) threatens or intimidates, or engages in re-
taliation or retribution against, an appellant in viola-
tion of section 10(d).
(c) SANCTIONS.—If a decisionmaker, State director,
or relevant agency head has performed poorly (as de-
scribed in subsection (b) or paragraph (2) or (4) of sub-
section (d)), the Secretary shall issue sanctions against the
decisionmaker, State director, or relevant agency head, re-
spectively, which may include a formal reprimand or dis-
missal.
(d) EVALUATIONS.—
(1) IN GENERAL.—The Director shall establish
policies that, with regard to the hearing and deter-
minations of appeals, provide for the evaluation of
hearing officers, the Director, and other employees
involved in the review of appeals and determinations
or supervision of employees of the Division, or both,
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by parties outside the Department, which may in-
clude peers. The policies shall be made available to
the public.
(2) PROCESS.—The evaluation process shall en-
sure and enhance the independence, integrity, and
efficiency of the employees and the Director.
(3) CONSULTATION.—The policies shall be de-
veloped in consultation with the Administrative Con-
ference of the United States, appropriate organiza-
tions of administrative law judges, the Director of
the Office of Personnel Management, the Judicial
College located at the University of Nevada at Reno,
and hearing officers.
(e) BASIS FOR REVERSALS.—In conducting the eval-
uation of the number of appeals decided against the
decisionmaker, the Secretary should consider mitigating
circumstances, such as whether the reversal was based
solely on—
(1) new information not previously available to
the decisionmaker;
(2) erroneous advice from a superior to the
decisionmaker;
(3) published agency interpretations or proce-
dures that were determined to be invalid by the Di-
vision; or
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(4) the failure of a superior to provide clear in-
structions to the decisionmaker.
SEC. 12. PROHIBITION ON ADVERSE ACTION WHILE AP-
PEAL PENDING.
(a) IN GENERAL.—The Secretary may not take an
adverse action against an appellant relating to an appeal
while any proceeding authorized or required under this Act
is pending. In particular, the Secretary may not take any
action that would prevent the implementation of a final
determination in favor of 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, ex-
cept that ongoing assistance to existing borrowers and
grantees shall not be discontinued pending the outcome
of an appeal.
SEC. 13. REGISTRY OF ADVOCATES.
(a) IN GENERAL.—The Director shall establish a reg-
istry consisting of individuals (including individuals who
are attorneys and individuals who are not attorneys) who
are available to represent appellants during the appeals
process and who apply to the Director to be included in
the registry.
(b) USE OF REGISTRY.—The Director shall provide
information contained in the registry to an appellant upon
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request. The Director may not recommend individuals in-
cluded in the registry.
SEC. 14. RELATIONSHIP TO OTHER LAWS.
(a) OTHER RIGHTS.—This Act is not intended to su-
persede or deprive a recipient of assistance from the rel-
evant agency of any rights that the recipient may have
under any other law, including section 510(g) of the Hous-
ing Act of 1949 (42 U.S.C. 1480(g)).
(b) EQUITABLE RELIEF.—This Act is not intended
to affect the authority of an agency head to grant equi-
table relief.
SEC. 15. TRANSFER OF FUNCTIONS.
(a) IN GENERAL.—There are transferred to the Divi-
sion established by this Act all functions exercised before
the effective date of this Act (including all related func-
tions 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)) (in effect before the amendment
made by section 18(a)(3));
(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) (in effect before the amendment
made by section 18(b)(1));
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(3) appeals of decisions made by the Federal
Crop Insurance Corporation; and
(4) appeals of decisions made by the Soil Con-
servation Service.
(b) CONSTRUCTION.—
(1) IN GENERAL.—If other provisions of this
Act or law conflict with this section, the other provi-
sions of this Act or law shall apply.
(2) TRANSFER OF FUNCTIONS ONLY.—This sec-
tion applies only to and during the transfer of func-
tions in accordance with subsection (a).
(c) DETERMINATIONS OF CERTAIN FUNCTIONS.—If
necessary, the Secretary shall make any determination of
the functions that are transferred under this section.
(d) PERSONNEL PROVISIONS.—
(1) APPOINTMENTS.—
(A) IN GENERAL.—Except as provided in
section 3, the Secretary may appoint and fix
the compensation of such officers and employ-
ees (including investigators and attorneys) as
may be necessary to carry out the respective
functions transferred under this section.
(B) CIVIL SERVICE.—Except as otherwise
provided by law, the officers and employees
shall be appointed in accordance with the civil
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service laws and the compensation of the offi-
cers and employees fixed in accordance with
title 5, United States Code.
(2) EXPERTS AND CONSULTANTS.—
(A) IN GENERAL.—To carry out this sec-
tion, the Secretary may obtain the services of
experts and consultants in accordance with sec-
tion 3109 of title 5, United States Code, and
compensate the experts and consultants for
each day (including travel time) at rates not in
excess of the rate of pay for level IV of the Ex-
ecutive Schedule under section 5315 of such
title.
(B) TRAVEL
EXPENSES.—To carry out
this section, the Secretary may pay experts and
consultants who are serving away from their
homes or regular places of business travel ex-
penses and per diem in lieu of subsistence at
rates authorized by sections 5702 and 5703 of
such title for persons in Government service
employed intermittently.
(e) DELEGATION AND ASSIGNMENT.—
(1) IN GENERAL.—Except if otherwise expressly
prohibited by law or otherwise provided by this Act,
the Secretary may delegate any of the functions
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transferred by this section and any function trans-
ferred or granted after the effective date of this Act
to such officers and employees of the Department as
the Secretary may designate, and may authorize suc-
cessive redelegations of the functions as may be nec-
essary or appropriate.
(2) CONTINUING RESPONSIBILITY.—No delega-
tion of functions by the Secretary under this section
or under any other provision of this section is in-
tended to relieve the Secretary of responsibility for
the administration of the functions.
(f) RULES.—The Secretary is authorized to prescribe,
in accordance with chapters 5 and 6 of title 5, United
States Code, such rules and regulations as the Secretary
determines necessary or appropriate to administer and
manage the functions of the Department.
(g) TRANSFER AND ALLOCATIONS OF APPROPRIA-
TIONS AND PERSONNEL.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, employee positions, assets,
liabilities, contracts, property, records, unexpended
balances of appropriations, authorizations, alloca-
tions, and other funds employed, used, held, arising
from, available to, or to be made available in connec-
tion with functions transferred by this section, sub-
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ject to section 1531 of title 31, United States Code,
shall be transferred in accordance with this section.
(2) USE OF FUNDS.—Unexpended funds trans-
ferred pursuant to this section shall be used only for
the purposes for which the funds were originally au-
thorized and appropriated.
(h) INCIDENTAL TRANSFERS.—
(1) IN GENERAL.—The Secretary, at such time
as the Secretary shall provide, is authorized to make
such determinations as may be necessary with re-
gard to the functions transferred by this section, and
to make such additional incidental dispositions of
personnel, assets, liabilities, grants, contracts, prop-
erty, records, and unexpended balances of appropria-
tions, authorizations, allocations, and other funds
held, used, arising from, available to, or to be made
available in connection with the functions, as may be
necessary to carry out this section.
(2) TERMINATION OF AFFAIRS.—The Secretary
shall provide for the termination of the affairs of all
entities terminated by this section and for such fur-
ther measures and dispositions as may be necessary
to effectuate the purposes of this section.
(i) SAVINGS PROVISIONS.—
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(1) CONTINUING
EFFECT
OF
LEGAL
DOCU-
MENTS.—An order, determination, rule, regulation,
permit, agreement, grant, contract, certificate, li-
cense, registration, privilege, or other administrative
action—
(A) that has been issued, made, granted,
or allowed to become effective by the President,
any Federal agency or official of a Federal
agency, or by a court of competent jurisdiction,
in the performance of functions that are trans-
ferred under this section; and
(B) that is in effect at the time this sec-
tion takes effect, or was final before the effec-
tive date of this section and is to become effec-
tive on or after the effective date of this section,
shall continue in effect according to the terms of the
action until modified, terminated, superseded, set
aside, or revoked in accordance with law by the
President, the Secretary or other authorized official,
a court of competent jurisdiction, or by operation of
law.
(2) PROCEEDINGS NOT AFFECTED.—Nothing in
this subsection is intended to prohibit the dis-
continuance or modification of a proceeding under
the same terms and conditions and to the same ex-
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tent that the proceeding could have been discon-
tinued or modified if this section had not been en-
acted.
(3) SUITS NOT AFFECTED.—This section is not
intended to affect a suit commenced before the effec-
tive date of this section. In the suit, a proceeding
shall be had, an appeal taken, and a judgment ren-
dered in the same manner and with the same effect
as if this section had not been enacted.
(4) NONABATEMENT OF ACTIONS.—No suit, ac-
tion, or other proceeding commenced by or against
a transferred office, or by or against any individual
in the official capacity of the individual as an officer
of a transferred office, shall abate by reason of the
enactment of this section.
(j) SEPARABILITY.—If a provision of this section or
the application of this section to any person or cir-
cumstance is held invalid, neither the remainder of this
section nor the application of the provision to other per-
sons or circumstances shall be affected.
(k) TRANSITION.—The Secretary is authorized to uti-
lize—
(1) the services of the officers, employees, and
other personnel of a transferred office with respect
to functions transferred by this section; and
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(2) funds appropriated to the functions for such
period of time as may reasonably be needed to facili-
tate the orderly implementation of this section.
(l) REFERENCES.—Each reference in any other Fed-
eral law, Executive order, rule, regulation, or delegation
of authority, or any document of or relating to—
(1) the head of a transferred office with regard
to functions transferred under this section shall be
deemed to refer to the head of the office to which
the functions are transferred; and
(2) a transferred office with regard to functions
transferred under this section shall be deemed to
refer to the office to which the functions are trans-
ferred.
(m) ADDITIONAL CONFORMING AMENDMENTS.—Not
later than 180 days after the effective date of this section,
if the Secretary determines (after consultation with the
appropriate committees of Congress and the Director of
the Office of Management and Budget) that additional
technical and conforming amendments to Federal statutes
are necessary to carry out the changes made by this sec-
tion, the Secretary shall prepare and submit to Congress
recommended legislation containing the amendments.
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SEC. 16. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as are necessary to carry out this Act for fiscal year 1993,
and each subsequent fiscal year.
SEC. 17. STATE MEDIATION PROGRAMS.
(a) QUALIFYING STATES.—Section 501 of the Agri-
cultural Credit Act of 1987 (7 U.S.C. 5101) is amended—
(1) by striking ‘‘agricultural loan’’ each place it
appears; and
(2) in subsection (c)—
(A) in paragraph (1)—
(i) by striking ‘‘and their creditors,’’
and inserting ‘‘their creditors, and (with
respect to other than agricultural loan
matters) the Department of Agriculture,’’;
and
(ii) by striking ‘‘an agricultural’’ and
inserting ‘‘the agricultural’’; and
(B) in paragraph (5), by inserting before
‘‘receive’’ the following: ‘‘, and all persons di-
rectly affected by actions of the Department of
Agriculture involving wetlands determinations,
farm program compliance, disputes between
farmers and their creditors, rural water loan
programs, grazing on national forest lands, and
pesticides,’’.
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(b) PARTICIPATION OF FEDERAL AGENCIES.—Sec-
tion 503 of such Act (7 U.S.C. 5103) is amended—
(1) by striking ‘‘agricultural loan’’ each place
the term appears; and
(2) in subsection (a)(1)—
(A) in the matter preceding subparagraph
(A), by striking ‘‘that makes, guarantees, or in-
sures agricultural loans’’;
(B) in each of subparagraphs (A) and (B),
by inserting ‘‘, in any matter involving agricul-
tural loans’’ before the semicolon; and
(C) in subparagraph (B), by striking ‘‘, on
the date of the enactment of this Act,’’.
(c) REPORT.—Subtitle A of title V of such Act (7
U.S.C. 5101 et seq.) is amended by adding at the end
the following new section:
‘‘SEC. 507. REPORT ON EXPANDED STATE MEDIATION PRO-
GRAMS.
‘‘Not later than 2 years after the date of the enact-
ment of this section, the Secretary of Agriculture shall re-
port to the Congress on the matters described in section
505 with respect to all State mediation programs receiving
matching grants under this subtitle.’’.
(d) CONFORMING AMENDMENTS.—
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(1) WAIVER
OF
FARM
CREDIT
MEDIATION
RIGHTS
BY
BORROWERS.—Section 4.14E of the
Farm Credit Act of 1971 (12 U.S.C. 2202e) is
amended by striking ‘‘agricultural loan’’.
(2) WAIVER OF FMHA MEDIATION RIGHTS BY
BORROWERS.—Section 358 of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2006)
is amended by striking ‘‘agricultural loan’’.
SEC. 18. CONFORMING AMENDMENTS.
(a) ASCS.—
(1) FINALITY
OF
FARMERS
PAYMENTS
AND
LOANS.—Section 385 of the Agricultural Act of
1938 (7 U.S.C. 1385) is amended—
(A) by striking the first sentence; and
(B) by striking ‘‘such payment’’ the first
place it appears and inserting ‘‘payment under
the Soil Conservation Act (16 U.S.C. 590a et
seq.), payment under the wheat, feed grain, up-
land 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,
loan, or price support operation, or the amount
thereof,’’.
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(2) DETERMINATIONS BY SECRETARY.—Section
412 of the Agricultural Act of 1949 (7 U.S.C. 1429)
is repealed.
(3) APPEALS.—Section 426 of the Agricultural
Act of 1949 (7 U.S.C. 1433e) is amended to read
as follows:
‘‘SEC. 426. APPEALS.
‘‘(a) DEFINITIONS.—As used in this section:
‘‘(1) ASCS.—The term ‘ASCS’ means the Agri-
cultural Stabilization and Conservation Service, or
any successor agency in the United States Depart-
ment of Agriculture.
‘‘(2) COUNTY COMMITTEE.—The term ‘county
committee’ means a county committee established
under section 8(b) of the Soil Conservation and Do-
mestic Allotment Act (16 U.S.C. 590h(b)).
‘‘(3) NATIONAL APPEALS DIVISION.—The term
‘National Appeals Division’ means the National Ap-
peals Division established in accordance with section
3 of the USDA National Appeals Division Act of
1993.
‘‘(4) STATE
COMMITTEE.—The term ‘State
committee’ means a State committee established
under section 8(b) of the Soil Conservation and Do-
mestic Allotment Act (16 U.S.C. 590h(b)).
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‘‘(b) RIGHT TO APPEAL.—Any participant in any of
the programs under this Act or any other Act adminis-
tered by ASCS shall have the right to appeal to the Na-
tional Appeals Division any adverse determination made
by any State committee or county committee, by employ-
ees or agents of the committees, by other personnel of the
ASCS, or by agents of the Commodity Credit Corporation,
under this Act or under any other Act administered by
the ASCS.
‘‘(c) APPEAL PROCEDURE.—
‘‘(1) IN GENERAL.—The appeal shall be made
in accordance with the USDA National Appeals Di-
vision Act of 1993 (including section 5 of such Act)
and this section.
‘‘(2) CONDITIONS OF APPEAL.—Any participant
who believes that a proper determination has not
been made with respect to the implementation of any
program administered by the ASCS concerning the
participant may appeal the determination as follows:
‘‘(A) If the determination was rendered by
a county committee, the participant may appeal
the determination to the applicable State com-
mittee.
‘‘(B) If the determination was rendered by
a State committee, the participant may appeal
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the determination to the National Appeals Divi-
sion.
‘‘(C) If the determination was rendered by
any other employee or agent of the ASCS or
the Commodity Credit Corporation, the partici-
pant may appeal the determination to the Na-
tional Appeals Division.
‘‘(D) ASCS may reverse or modify a deci-
sion made by a State committee or county com-
mittee at any time prior to commencement of
the appeal of an appellant to the National Ap-
peals Division, except that nothing in this sub-
paragraph is intended to affect a procedure of
a State committee or county committee.
‘‘(d) COURT REVIEW.—A final decision of the De-
partment of Agriculture under the process provided for in
this section shall be reviewable by a United States district
court of competent jurisdiction.
‘‘(e) PARTICIPANT.—For the purposes of this section,
the term ‘participant’ means any person whose right to
participate in, or receive payments or other benefits in ac-
cordance with, any of the programs under this Act or any
other Act administered by the ASCS is adversely affected
by a determination of any State committee or county com-
mittee, by employees or agents of the committees, by other
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personnel of the ASCS, or by agents of the Commodity
Credit Corporation under this Act or under any other Act
administered by the ASCS.
‘‘(f) DECISIONS OF STATE AND COUNTY COMMIT-
TEES.—
‘‘(1) FINALITY.—All decisions of a State or
county committee, or employee of the committee,
made in good faith in the absence of misrepresenta-
tion, false statement, fraud, or willful misconduct
shall be final, unless such decisions are (not later
than 90 days after the date of issuance of the deci-
sion) appealed under this section or modified under
subsection (c)(2)(D).
‘‘(2) RECOVERY OF AMOUNTS.—No action shall
be taken to recover amounts found to have been dis-
bursed thereon in error unless the participant had
reason to believe that the decision was erroneous.
‘‘(g) REGULATIONS.—The Secretary shall issue such
regulations as are determined necessary to implement this
section, including regulations governing the conduct of ap-
peals made before State committees and county commit-
tees.’’.
(b) FMHA.—
(1) NATIONAL
APPEALS
DIVISION.—Section
333B of the Consolidated Farm and Rural Develop-
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ment Act (7 U.S.C. 1983b) is amended by striking
subsections (d) through (g).
(2) LEASE OR PURCHASE AGREEMENTS.—Sec-
tion 335(e)(9) of such Act (7 U.S.C. 1985(e)(9)) is
amended by inserting after ‘‘appealable under’’ the
following: ‘‘the USDA National Appeals Division Act
of 1993 (including section 5 of such Act) and’’.
(3) HOMESTEAD PROPERTY.—The second sen-
tence of section 352(c)(3) of such Act (7 U.S.C.
2000(c)(3)) is amended by inserting after ‘‘described
in’’ the following: ‘‘the USDA National Appeals Di-
vision Act of 1993 (including section 5 of such Act)
or’’.
(4) DEBT RESTRUCTURING AND LOAN SERVIC-
ING.—Section 353 of such Act (7 U.S.C. 2001) is
amended—
(A) in subsection (h), by inserting after
‘‘filed under’’ the following: ‘‘the USDA Na-
tional Appeals Division Act of 1993 and’’; and
(B) in the first sentence of subsection (j),
by inserting after ‘‘under’’ the following: ‘‘the
USDA National Appeals Division Act of 1993
and’’.
(c) FCIC.—
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shall become effective on the date of enactment of this
Act.
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