H. R. 4217—56
SEC. 279. JUDICIAL REVIEW.
A final determination of the Division shall be reviewable and
enforceable by any United States district court of competent jurisdic-
tion in accordance with chapter 7 of title 5, United States Code.
SEC. 280. IMPLEMENTATION 
OF 
FINAL 
DETERMINATIONS 
OF
DIVISION.
On the return of a case to an agency pursuant to the final
determination of the Division, the head of the agency shall imple-
ment the final determination not later than 30 days after the
effective date of the notice of the final determination.
SEC. 281. CONFORMING 
AMENDMENTS 
RELATING 
TO 
NATIONAL
APPEALS DIVISION.
(a) DECISIONS OF STATE, COUNTY, AND AREA COMMITTEES.—
(1) APPLICATION
OF
SUBSECTION.—This subsection shall
apply only with respect to functions of the Consolidated Farm
Service Agency or the Commodity Credit Corporation that are
under the jurisdiction of a State, county, or area committee
established under section 8(b)(5) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590h(b)(5)) or an employee
of such a committee.
(2) FINALITY.—Each decision of a State, county, or area
committee (or an employee of such a committee) covered by
paragraph (1) that is made in good faith in the absence of
misrepresentation, false statement, fraud, or willful misconduct
shall be final not later than 90 days after the date of filing
of the application for benefits, unless the decision is—
(A) appealed under this subtitle; or
(B) modified by the Administrator of the Consolidated
Farm Service Agency or the Executive Vice President of
the Commodity Credit Corporation.
(3) RECOVERY OF AMOUNTS.—If the decision of the State,
county, or area committee has become final under paragraph
(2), no action may be taken by the Consolidated Farm Service
Agency, the Commodity Credit Corporation, or a State, county,
or area committee to recover amounts found to have been
disbursed as a result of a decision in error unless the partici-
pant had reason to believe that the decision was erroneous.
(4) SAVINGS PROVISION.—For purposes of this subsection,
a reference to the ‘‘Consolidated Farm Service Agency’’ includes
any other office, agency, or administrative unit of the Depart-
ment assigned the functions authorized for the Consolidated
Farm Service Agency under section 226.
(b) AGRICULTURAL STABILIZATION
AND CONSERVATION SERV-
ICE.—Section 426 of the Agricultural Act of 1949 (7 U.S.C. 1433e)
is repealed.
(c) FARMERS HOME ADMINISTRATION.—Section 333B of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1983b)
is repealed.
SEC. 282. EXPANSION OF ISSUES COVERED BY STATE MEDIATION
PROGRAMS.
(a) EXPANSION OF MEDIATION PROGRAMS.—Section 501 of the
Agricultural Credit Act of 1987 (7 U.S.C. 5101) is amended—
(1) in subsection (a), by striking ‘‘an agricultural loan medi-
ation program’’ and inserting ‘‘a mediation program’’;
H. R. 4217—57
(2) in subsection (b), by striking ‘‘agricultural loan’’; and
(3) by striking subsection (c) and inserting the following
new subsection:
‘‘(c) REQUIREMENTS OF STATE MEDIATION PROGRAMS.—
‘‘(1) ISSUES COVERED.—To be certified as a qualifying State,
the mediation program of the State must provide mediation
services for the persons described in paragraph (2) who are
involved in agricultural loans or agricultural loans and one
or more of the following issues under the jurisdiction of the
Department of Agriculture:
‘‘(A) Wetlands determinations.
‘‘(B) Compliance with farm programs, including con-
servation programs.
‘‘(C) Agricultural credit.
‘‘(D) Rural water loan programs.
‘‘(E) Grazing on National Forest System lands.
‘‘(F) Pesticides.
‘‘(G) Such other issues as the Secretary considers
appropriate.
‘‘(2) PERSONS
ELIGIBLE
FOR
MEDIATION.—The persons
referred to in paragraph (1) are producers, their creditors (if
applicable), and other persons directly affected by actions of
the Department of Agriculture.
‘‘(3) CERTIFICATION CONDITIONS.—The Secretary shall cer-
tify a State as a qualifying State with respect to the issues
proposed to be covered by the mediation program of the State
if the mediation program—
‘‘(A) provides for mediation services that, if decisions
are reached, result in mediated, mutually agreeable deci-
sions between the parties to the mediation;
‘‘(B) is authorized or administered by an agency of
the State government or by the Governor of the State;
‘‘(C) provides for the training of mediators;
‘‘(D) provides that the mediation sessions shall be con-
fidential;
‘‘(E) ensures, in the case of agricultural loans, that
all lenders and borrowers of agricultural loans receive ade-
quate notification of the mediation program; and
‘‘(F) ensures, in the case of other issues covered by
the mediation program, that persons directly affected by
actions of the Department of Agriculture receive adequate
notification of the mediation program.’’.
(b) PARTICIPATION OF DEPARTMENT.—Section 503 of such Act
(7 U.S.C. 5103) is amended—
(1) by striking ‘‘agricultural loan’’ each place it appears;
(2) in the matter preceding subparagraph (A) of subsection
(a)(1)—
(A) by inserting ‘‘or agency’’ after ‘‘program’’; and
(B) by striking ‘‘that makes, guarantees, or insures
agricultural loans’’;
(3) in subsection (a)(1)(A)—
(A) by inserting ‘‘or agency’’ after ‘‘such program’’; and
(B) by inserting ‘‘certified under section 501’’ after
‘‘mediation program’’;
(4) in subsection (a)(1)(B)—
(A) by striking ‘‘, effective beginning on the date of
the enactment of this Act,’’; and
H. R. 4217—58
(B) by inserting ‘‘certified under section 501’’ after
‘‘mediation programs’’; and
(5) in subsection (a)(1)(C)—
(A) in clause (i), by striking ‘‘described in’’ and inserting
‘‘certified under’’; and
(B) in clause (ii), by inserting ‘‘if applicable,’’ before
‘‘present’’.
(c) REGULATIONS.—Section 504 of such Act (7 U.S.C. 5104)
is amended—
(1) by striking ‘‘Within 150 days after the date of the
enactment of this Act, the’’ and inserting ‘‘The’’; and
(2) by adding at the end the following new sentence: ‘‘The
regulations prescribed by the Secretary shall require qualifying
States to adequately train mediators to address all of the issues
covered by the mediation program of the State.’’.
(d) REPORT.—Section 505 of such Act (7 U.S.C. 5105) is
amended by striking ‘‘1990’’ and inserting ‘‘1998’’.
(e) AUTHORIZATION OF APPROPRIATIONS.—Section 506 of such
Act (7 U.S.C. 5106) is amended by striking ‘‘1995’’ and inserting
‘‘2000’’.
(f) CONFORMING AMENDMENTS.—
(1) REFERENCES TO AGRICULTURAL LOANS.—Subtitle A of
title V of such Act is amended—
(A) in sections 502 and 505(1) (7 U.S.C. 5102, 5105(1)),
by striking ‘‘agricultural loan’’ each place it appears; and
(B) in section 505(3) (7 U.S.C. 5105(3)), by striking
‘‘an 
agricultural 
loan 
mediation’’ 
and 
inserting 
‘‘a
mediation’’.
(2) WAIVER
OF
FARM
CREDIT
SYSTEM
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’’.
(3) 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. 283. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may
be necessary to carry out the activities of the Division.
Subtitle I—Miscellaneous Reorganization
Provisions
SEC. 291. SUCCESSORSHIP PROVISIONS RELATING TO BARGAINING
UNITS AND EXCLUSIVE REPRESENTATIVES.
(a) VOLUNTARY AGREEMENT.—
(1) IN GENERAL.—If the exercise of the Secretary’s authority
under this title results in changes to an existing bargaining
unit that has been certified under chapter 71 of title 5, United
States Code, the affected parties shall attempt to reach a vol-
untary agreement on a new bargaining unit and an exclusive
representative for such unit.
(2) CRITERIA.—In carrying out the requirements of this
subsection, the affected parties shall use criteria set forth in—
(A) sections 7103(a)(4), 7111(e), 7111(f)(1), and 7120
of title 5, United States Code, relating to determining an
exclusive representative; and
H. R. 4217—59
(B) section 7112 of title 5, United States Code (dis-
regarding subsections (b)(5) and (d) thereof), relating to
determining appropriate units.
(b) EFFECT OF AN AGREEMENT.—
(1) IN GENERAL.—If the affected parties reach agreement
on the appropriate unit and the exclusive representative for
such unit under subsection (a), the Federal Labor Relations
Authority shall certify the terms of such agreement, subject
to paragraph (2)(A). Nothing in this subsection shall be consid-
ered to require the holding of any hearing or election as a
condition for certification.
(2) RESTRICTIONS.—
(A) CONDITIONS
REQUIRING
NONCERTIFICATION.—The
Federal Labor Relations Authority may not certify the
terms of an agreement under paragraph (1) if—
(i) it determines that any of the criteria referred
to in subsection (a)(2) (disregarding section 7112(a)
of title 5, United States Code) have not been met;
or
(ii) after the Secretary’s exercise of authority and
before certification under this section, a valid election
under section 7111(b) of title 5, United States Code,
is held covering any employees who would be included
in the unit proposed for certification.
(B) TEMPORARY WAIVER OF PROVISION THAT WOULD BAR
AN ELECTION AFTER A COLLECTIVE BARGAINING AGREEMENT
IS REACHED.—Nothing in section 7111(f)(3) of title 5, United
States Code, shall prevent the holding of an election under
section 7111(b) of such title that covers employees within
a unit certified under paragraph (1), or giving effect to
the results of such an election (including a decision not
to be represented by any labor organization), if the election
is held before the end of the 12-month period beginning
on the date such unit is so certified.
(C) CLARIFICATION.—The certification of a unit under
paragraph (1) shall not, for purposes of the last sentence
of section 7111(b) of title 5, United States Code, or section
7111(f)(4) of such title, be treated as if it had occurred
pursuant to an election.
(3) DELEGATION.—
(A) IN GENERAL.—The Federal Labor Relations Author-
ity may delegate to any regional director (as referred to
in section 7105(e) of title 5, United States Code) its author-
ity under the preceding provisions of this subsection.
(B) REVIEW.—Any action taken by a regional director
under subparagraph (A) shall be subject to review under
the provisions of section 7105(f) of title 5, United States
Code, in the same manner as if such action had been
taken under section 7105(e) of such title, except that in
the case of a decision not to certify, such review shall
be required if application therefor is filed by an affected
party within the time specified in such provisions.
(c) DEFINITION.—For purposes of this section, the term ‘‘affected
party’’ means—
(1) with respect to an exercise of authority by the Secretary
under this title, any labor organization affected thereby; and
(2) the Department of Agriculture.
H. R. 4217—60
SEC. 292. PURCHASE 
OF 
AMERICAN-MADE 
EQUIPMENT 
AND
PRODUCTS.
(a) SENSE OF CONGRESS.—It is the sense of the Congress that,
to the greatest extent practicable, all equipment and products pur-
chased using funds made available pursuant to this title should
be American-made.
(b) NOTICE REQUIREMENT.—In providing financial assistance
to, or entering into any contract with, any entity using funds
made available pursuant to this title, the Secretary, to the greatest
extent practicable, shall provide to such entity a notice describing
the statement made in subsection (a) by the Congress.
SEC. 293. MISCELLANEOUS CONFORMING AMENDMENTS.
(a) UNITED STATES GRAIN STANDARDS ACT.—The United States
Grain Standards Act (7 U.S.C. 71 et seq.) is amended—
(1) in section 3 (7 U.S.C. 75)—
(A) by inserting ‘‘and’’ at the end of subsection (y);
(B) by striking subsections (z) and (aa); and
(C) by redesignating subsection (bb) as subsection (z);
(2) by striking section 3A (7 U.S.C. 75a);
(3) in section 5(b) (7 U.S.C. 77(b)), by striking ‘‘Service
employees’’ and inserting ‘‘employees of the Secretary’’;
(4) in sections 7(j)(2) and 7A(l)(2) (7 U.S.C. 79(j)(2) and
79a(l)(2)), by striking ‘‘supervision by Service personnel of its
field office personnel’’ in the first sentence of both sections
and inserting ‘‘supervision by the Secretary of the Secretary’s
field office personnel’’;
(5) in section 12(c) (7 U.S.C. 87a(c)), by striking ‘‘or
Administrator’’;
(6) in section 12(d) (7 U.S.C. 87a(d)), by striking ‘‘or the
Administrator’’;
(7) except as otherwise provided in this subsection, by
striking ‘‘Administrator’’ each place it appears and inserting
‘‘Secretary’’; and
(8) except as otherwise provided in this subsection, by
striking ‘‘Service’’ each place it appears and inserting
‘‘Secretary’’.
(b) PACKERS AND STOCKYARDS ACT, 1921.—Section 407 of the
Packers and Stockyards Act, 1921 (7 U.S.C. 228), is amended—
(1) by striking subsection (b);
(2) by redesignating subsections (c), (d), (e), and (f), as
subsections (b), (c), (d), and (e), respectively; and
(3) in subsection (e) (as so redesignated), by striking ‘‘sub-
section (e)’’ and inserting ‘‘subsection (d)’’.
SEC. 294. REMOVAL OF OBSOLETE ADMINISTRATIVE PROVISIONS.
Section 5316 of title 5, United States Code, is amended—
(1) by striking ‘‘Administrator, Agricultural Marketing
Service, Department of Agriculture.’’;
(2) by striking ‘‘Administrator, Agricultural Research Serv-
ice, Department of Agriculture.’’;
(3) by striking ‘‘Administrator, Agricultural Stabilization
and Conservation Service, Department of Agriculture.’’;
(4) 
by 
striking 
‘‘Administrator, 
Farmers 
Home
Administration.’’;
(5) by striking ‘‘Administrator, Foreign Agricultural Serv-
ice, Department of Agriculture.’’;
H. R. 4217—62
SEC. 302. 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.
SEC. 303. ADJUSTED COST OF THRIFTY FOOD PLAN.
(a) IN GENERAL.—Section 3(o)(11) of the Food Stamp Act of
1977 (7 U.S.C. 2012(o)(11)) is amended by inserting ‘‘and (in the
case of households residing in Alaska) on October 1, 1994,’’ after
‘‘1992,’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall be effective beginning on September 30, 1994.
SEC. 304. 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 Analy-
sis, 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 assess-
ment 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 com-
bination 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.
H. R. 4217—63
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 Sec-
retary 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-effec-
tive 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 esti-
mated 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 regu-
lation’’ 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.
SEC. 305. FAIR AND EQUITABLE TREATMENT OF SOCIALLY DISADVAN-
TAGED PRODUCERS.
(a) FAIR CROP ACREAGE BASES AND FARM PROGRAM PAYMENT
YIELDS.—If the Secretary of Agriculture determines that crop acre-
age bases or farm program payment yields established for farms
owned or operated by socially disadvantaged producers are not
established in accordance with title V of the Agricultural Act of
1949 (7 U.S.C. 1461 et seq.), the Secretary shall adjust the bases
and yields to conform to the requirements of such title and make
available any appropriate commodity program benefits.
(b) FAIR APPLICATION
OF CONSOLIDATED FARM
AND RURAL
DEVELOPMENT ACT.—If the Secretary of Agriculture determines
that application of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1921 et seq.) with respect to socially disadvantaged
producers is not consistent with the requirements of such Act,
the Secretary shall make such changes in the administration of
such Act as the Secretary considers necessary to provide for the
fair and equitable treatment of socially disadvantaged producers
under such Act.
(c) REPORT
ON
TREATMENT
OF
SOCIALLY
DISADVANTAGED
PRODUCERS.—
(1) REPORT
REQUIRED.—The Comptroller General of the
United States shall prepare a report to determine—
(A) whether socially disadvantaged producers are
underrepresented on State, county, area, or local commit-
tees established under section 8(b)(5) of the Soil Conserva-
tion and Domestic Allotment Act (16 U.S.C. 590h(b)(5))
or local review committees established under section 363
H. R. 4217—64
of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1363)
because of racial, ethnic, or gender prejudice; and
(B) if such underrepresentation exists, whether it
inhibits or interferes with the participation of socially dis-
advantaged producers in programs of the Department of
Agriculture.
(2) SUBMISSION OF REPORT.—Not later than February 1,
1995, the Comptroller General shall submit the report required
by this subsection to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
(d) DEFINITION.—For purposes of this section, the term ‘‘socially
disadvantaged producer’’ means a producer who is a member of
a group whose members have been subjected to racial, ethnic,
or gender prejudice because of their identity as members of a
group without regard to their individual qualities.
SEC. 306. AVIATION INSPECTIONS.
(a) STUDY OF AIRCRAFT INSPECTIONS.—
(1) INTENT OF STUDY.—The intent of the study required
by this subsection is to examine the cost efficiencies of conduct-
ing inspections of aircraft and pilots by one Federal agency
without reducing aircraft, passenger, or pilot safety standards
or lowering mission preparedness.
(2) STUDY REQUIRED.—The Secretary of Agriculture and
the Secretary of Transportation shall jointly conduct a study
of the inspection specifications and procedures by which aircraft
and pilots contracted by the Department are certified to deter-
mine the cost efficiencies of eliminating duplicative Department
inspection requirements and transferring some or all inspection
requirements to the Federal Aviation Administration, while
ensuring that neither aircraft, passenger, nor pilot safety is
reduced and that mission preparedness is maintained.
(3) SPECIAL CONSIDERATIONS.—In conducting the study, the
Secretaries shall evaluate current inspection specifications and
procedures mandated by the Department and the Forest Serv-
ice, taking into consideration the unique requirements and
risks of particular Department and Forest Service missions
that may require special inspection specifications and proce-
dures to ensure the safety of Department and Forest Service
personnel and their contractees.
(4) MAINTENANCE OF STANDARDS AND PREPAREDNESS.—In
making recommendations to transfer inspection authority or
otherwise change Department inspection specifications and
procedures, the Secretaries shall ensure that the implementa-
tion of any such recommendations does not lower aircraft or
pilot standards or preparedness for Department or Forest Serv-
ice missions.
(5) SUBMISSION OF RESULTS.—Not later than 180 days after
the date of the enactment of this Act, the Secretaries shall
submit to Congress the results of the study, including any
recommendations to transfer inspection authority or otherwise
change Department inspection specifications and procedures
and a cost-benefit analysis of such recommendations.
(b) REVIEW OF RECENTLY ADOPTED AIRCRAFT POLICY.—
H. R. 4217—65
(1) REVIEW REQUIRED.—The Secretaries shall review the
policy initiated by the Secretary of Agriculture on July 1, 1994,
to accept Federal Aviation Administration inspections on air-
craft and pilots that provide ‘‘airport to airport’’ service for
the Forest Service. The policy is currently being cooperatively
developed by the Department and the Federal Aviation
Administration and is intended to reduce duplicative inspec-
tions and to reduce Government costs, while maintaining air-
craft, passenger, and pilot safety standards, specifications and
procedures currently required by the Department and the For-
est Service.
(2) EXPANSION OF POLICY.—As part of the review, the Sec-
retaries shall examine the feasibility and desirability of apply-
ing this policy on a Government-wide basis.
(3) SUBMISSION OF RESULTS.—Not later than one year after
the date of the implementation of the policy, the Secretary
of Agriculture shall submit to Congress the results of the
review, including any recommendations that the Secretary
considers appropriate.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.