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is amended by striking ‘‘Rural Electrification Administra-
tion’’ and inserting ‘‘Secretary under the Rural Elec-
trification Act of 1936 (7 U.S.C. 901 et seq.)’’.
(2) Section 505 of the Department of Agriculture Or-
ganic Act of 1944 (7 U.S.C. 915) is amended—
(A) by striking ‘‘Rural Electrification Ad-
ministration’’ and inserting ‘‘Secretary of Agri-
culture’’; and
(B) by striking ‘‘its’’ and inserting ‘‘the
Secretary’s’’.
(3) Section 401 of the Rural Electrification Act of
1938 (7 U.S.C. 903 note) is amended in the second para-
graph by striking ‘‘Administrator of the Rural Electrifica-
tion Administration’’ and inserting ‘‘Secretary of Agri-
culture’’.
(4) Chapter 1 of subtitle D of title XXIII of the
Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 950aaa et seq.), relating to Distance Learning
and Medical Link Programs, is amended—
(A) in section 2333—
(i) by striking paragraph (1); and
(ii) 
by 
redesignating 
paragraphs 
(2)
through (11) as paragraphs (1) through (10),
respectively;
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(B) in section 2334(h)(2), by striking ‘‘section
2333(3)(F)’’ and inserting ‘‘section 2333(2)(F)’’;
and
(C) by striking ‘‘Administrator’’ each place it
appears and inserting ‘‘Secretary’’.
(5) Section 306(a)(15) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926(a)(15)) is amend-
ed—
(A) by striking subparagraph (C); and
(B) by redesignating subparagraph (D) as sub-
paragraph (C).
(6) Section 2322(d) of the Food, Agriculture, Con-
servation, and Trade Act of 1990 (7 U.S.C. 1926–1(d))
is amended—
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as para-
graph (2).
Subtitle D—Food, Nutrition, and
Consumer Services
SEC. 241. UNDER SECRETARY OF AGRICULTURE FOR FOOD,
NUTRITION, AND CONSUMER SERVICES.
(a) AUTHORIZATION.—The Secretary is authorized to
establish in the Department the position of Under Sec-
retary of Agriculture for Food, Nutrition, and Consumer
Services.
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(b) CONFIRMATION REQUIRED.—If the Secretary es-
tablishes the position of Under Secretary of Agriculture
for Food, Nutrition, and Consumer Services authorized
under subsection (a), the Under Secretary shall be ap-
pointed by the President, by and with the advice and con-
sent of the Senate.
(c) FUNCTIONS OF UNDER SECRETARY.—
(1) PRINCIPAL
FUNCTIONS.—Upon establish-
ment, the Secretary shall delegate to the Under Sec-
retary of Agriculture for Food, Nutrition, and
Consumer Services those functions under the juris-
diction of the Department that are related to food,
nutrition, and consumer services (except as provided
in section 261(b)(1)).
(2) ADDITIONAL FUNCTIONS.—The Under Sec-
retary of Agriculture for Food, Nutrition, and
Consumer Services shall perform such other func-
tions as may be required by law or prescribed by the
Secretary.
(d) SUCCESSION.—Any official who is serving as As-
sistant Secretary of Agriculture for Food and Consumer
Services on the date of the enactment of this Act and who
was appointed by the President, by and with the advice
and consent of the Senate, shall not be required to be
reappointed under subsection (b) to the successor position
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authorized under subsection (a) if the Secretary estab-
lishes the position, and the official occupies the new posi-
tion, within 180 days after the date of the enactment of
this Act (or such later date set by the Secretary if litiga-
tion delays rapid succession).
(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
Farm and Foreign Agricultural Services (as added by sec-
tion 225(e)(2)) the following:
‘‘Under Secretary of Agriculture for Food, Nu-
trition, and Consumer Services.’’.
Subtitle E—Natural Resources and
Environment
SEC. 245. UNDER SECRETARY OF AGRICULTURE FOR NATU-
RAL RESOURCES AND ENVIRONMENT.
(a) AUTHORIZATION.—The Secretary is authorized to
establish in the Department the position of Under Sec-
retary of Agriculture for Natural Resources and Environ-
ment.
(b) CONFIRMATION REQUIRED.—If the Secretary es-
tablishes the position of Under Secretary of Agriculture
for Natural Resources and Environment authorized under
subsection (a), the Under Secretary shall be appointed by
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the President, by and with the advice and consent of the
Senate.
(c) FUNCTIONS OF UNDER SECRETARY.—
(1) PRINCIPAL
FUNCTIONS.—Upon establish-
ment, the Secretary shall delegate to the Under Sec-
retary of Agriculture for Natural Resources and En-
vironment those functions under the jurisdiction of
the Department that are related to natural resources
and environment (except to the extent those func-
tions are delegated under section 226).
(2) ADDITIONAL FUNCTIONS.—The Under Sec-
retary of Agriculture for Natural Resources and En-
vironment shall perform such other functions and
duties as may be required by law or prescribed by
the Secretary.
(d) SUCCESSION.—Any official who is serving as As-
sistant Secretary of Agriculture for Natural Resources
and Environment on the date of the enactment of this Act
and who was appointed by the President, by and with the
advice and consent of the Senate, shall not be required
to be reappointed under subsection (b) to the successor
position authorized under subsection (a) if the Secretary
establishes the position, and the official occupies the new
position, within 180 days after the date of the enactment
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of this Act (or such later date set by the Secretary if litiga-
tion delays rapid succession).
(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
Food, Nutrition, and Consumer Services (as added by sec-
tion 241(e)) the following:
‘‘Under Secretary of Agriculture for Natural
Resources and Environment.’’.
SEC. 246. NATURAL RESOURCES CONSERVATION SERVICE.
(a) ESTABLISHMENT.—The Secretary is authorized
to establish and maintain within the Department a Natu-
ral Resources Conservation Service.
(b) FUNCTIONS.—If the Secretary establishes the
Natural Resources Conservation Service under subsection
(a), the Secretary is authorized to assign to the Service
jurisdiction over the following:
(1) The rural environmental conservation pro-
gram under title X of the Agricultural Act of 1970
(16 U.S.C. 1501 et seq.).
(2) The Great Plains Conservation Program
under section 16(b) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590p(b)).
(3) The Water Bank Act (16 U.S.C. 1301 et
seq.);
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(4) The forestry incentive program under sec-
tion 4 of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2103).
(5) Title XII of the Food Security Act of 1985
(16 U.S.C. 3801 et seq.), except subchapter B of
chapter 1 of subtitle D of such title.
(6) Salinity control program under section
202(c) of the Colorado River Basin Salinity Control
Act (43 U.S.C. 1592(c)).
(7) The Farms for the Future Act of 1990 (7
U.S.C. 4201 note).
(8) Such other functions as the Secretary con-
siders appropriate, except functions under sub-
chapter B of chapter 1 of subtitle D of title XII of
the Food Security Act of 1985 (16 U.S.C. 3831–
3836) and the agricultural conservation program
under the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590g et seq.).
(c) SPECIAL CONCURRENCE REQUIREMENTS
FOR
CERTAIN FUNCTIONS.—In carrying out the programs
specified in paragraphs (2), (3), (4), and (6) of subsection
(b) and the program under subchapter C of chapter 1 of
subtitle D of title XII of the Food Security Act of 1985
(16 U.S.C. 3837–3837f), the Secretary shall—
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(1) USE AUTHORIZED.—In the implementation
of functions assigned to the Natural Resources Con-
servation Service, the Secretary may use inter-
changeably in local offices of the Service both Fed-
eral employees of the Department and non-Federal
employees of county and area committees established
under section 8(b)(5) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590h(b)(5)).
(2) EXCEPTION.—Notwithstanding paragraph
(1), no personnel action (as defined in section
2302(a)(2)(A) of title 5, United States Code) may
be taken with respect to a Federal employee unless
such action is taken by another Federal employee.
(e) SAVINGS PROVISION.—For purposes of sub-
sections (c) and (d) of this section:
(1) A reference to the ‘‘Natural Resources Con-
servation Service’’ includes any other office, agency,
or administrative unit of the Department assigned
the functions authorized for the Natural Resources
Conservation Service under this section.
(2) A reference to the ‘‘Consolidated Farm
Service Agency’’ includes any other office, agency, or
administrative unit of the Department assigned the
functions authorized for the Consolidated Farm
Service Agency under section 226.
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(f) CONFORMING AMENDMENTS.—
(1) SOIL CONSERVATION SERVICE.—Section 5
of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590e) is repealed.
(2) SOIL AND WATER RESOURCES CONSERVA-
TION.—The Soil and Water Resources Conservation
Act of 1977 (16 U.S.C. 2001) is amended—
(A) in section 2(2) (16 U.S.C. 2001(2))—
(i) by striking ‘‘created the Soil Con-
servation Service’’; and
(ii) by striking ‘‘Department of Agri-
culture which’’ and inserting ‘‘, has en-
sured that the Department of Agri-
culture’’;
(B) in section 3(2) (16 U.S.C. 2002(2)),
by striking ‘‘through the Soil Conservation
Service’’; and
(C) in section 6(a) (16 U.S.C. 2005(a)), by
striking ‘‘Soil Conservation Service’’ and insert-
ing ‘‘Secretary’’.
(3) STATE TECHNICAL COMMITTEES.—Section
1262 of the Food Security Act of 1985 (16 U.S.C.
3862) is amended by adding at the end the following
new subsection:
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‘‘(e) FACA REQUIREMENTS.—The committees estab-
lished under section 1261 shall be exempt from the Fed-
eral Advisory Committee Act (5 U.S.C. App.).’’.
SEC. 247. REORGANIZATION OF FOREST SERVICE.
(a) REQUIRED
ELEMENTS
OF
REORGANIZATION
PROPOSALS.—Reorganization proposals that are devel-
oped by the Secretary to carry out the designation by the
President of the Forest Service as a Reinvention Lab pur-
suant to the National Performance Review, dated Septem-
ber 1993, shall include proposals for—
(1) reorganizing the Service in a manner that
is consistent with the principles of interdisciplinary
planning;
(2) redefining and consolidating the mission
and roles of, and research conducted by, employees
of the Service in connection with the National For-
est System and State and private forestry to facili-
tate interdisciplinary planning and to eliminate func-
tionalism;
(3) reforming the budget structure of the Serv-
ice to support interdisciplinary planning, including
reducing the number of budget line items;
(4) defining new measures of accountability so
that Congress may meet the constitutional obligation
of Congress to oversee the Service;
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(5) achieving structural and organizational con-
solidations;
(6) to the extent practicable, sharing office
space, equipment, vehicles, and electronic systems
with other administrative units of the Department
and other Federal field offices, including proposals
for using an on-line system by all administrative
units of the Department to maximize administrative
efficiency; and
(7) reorganizing the Service in a manner that
will result in a larger percentage of employees of the
Service being retained at organizational levels below
regional offices, research stations, and the area of-
fice of the Service.
(b) REPORT.—Not later than March 31, 1995, the
Secretary shall submit a report to the Committee on Agri-
culture of the House of Representatives and the Commit-
tee on Agriculture, Nutrition, and Forestry of the Senate
that describes actions taken to carry out subsection (a),
identifies any disparities in regional funding patterns, and
contains the rationale behind the disparities.
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Subtitle F—Research, Education,
and Economics
SEC. 251. UNDER SECRETARY OF AGRICULTURE FOR RE-
SEARCH, EDUCATION, AND ECONOMICS.
(a) AUTHORIZATION.—The Secretary is authorized to
establish in the Department the position of Under Sec-
retary of Agriculture for Research, Education, and Eco-
nomics.
(b) CONFIRMATION REQUIRED.—If the Secretary es-
tablishes 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 establish-
ment, the Secretary shall delegate to the Under Sec-
retary of Agriculture for Research, Education, and
Economics those functions and duties under the ju-
risdiction of the Department that are related to re-
search, education, and economics.
(2) ADDITIONAL FUNCTIONS.—The Under Sec-
retary of Agriculture for Research, Education, and
Economics shall perform such other functions and
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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, Edu-
cation, 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 jurisdic-
tion of the Department.
(3) OFFICER-IN-CHARGE.—If the Secretary es-
tablishes the position of Under Secretary of Agri-
culture for Research, Education, and Economics, the
officer in charge of the Cooperative State Research,
Education, and Extension Service shall report di-
rectly 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:
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‘‘Under Secretary of Agriculture for Research,
Education, and Economics.’’.
SEC. 252. PROGRAM STAFF.
In making the personnel reductions required under
section 213, the Secretary shall reduce the number of Fed-
eral 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 person-
nel in a manner that minimizes duplication and maximizes
coordination between Federal and State research and ex-
tension activities.
Subtitle G—Food Safety
SEC. 261. UNDER SECRETARY OF AGRICULTURE FOR FOOD
SAFETY.
(a) ESTABLISHMENT.—There is established in the
Department of Agriculture the position of Under Sec-
retary of Agriculture for Food Safety. The Under Sec-
retary shall be appointed by the President, by and with
the advice and consent of the Senate, from among individ-
uals with specialized training or significant experience in
food safety or public health programs.
(b) FUNCTIONS OF UNDER SECRETARY.—
(1) PRINCIPAL
FUNCTIONS.—The Secretary
shall delegate to the Under Secretary of Agriculture
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for Food Safety those functions and duties under
the jurisdiction of the Department that are primarily
related to food safety.
(2) ADDITIONAL FUNCTIONS.—The Under Sec-
retary of Agriculture for Food Safety shall perform
such other functions and duties as may be required
by law or prescribed by the Secretary.
(c) 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
Research, Education, and Economics (as added by section
251(e)) the following:
‘‘Under Secretary of Agriculture for Food Safe-
ty.’’.
(d) TECHNICAL AND SCIENTIFIC REVIEW GROUPS.—
The Secretary, acting through the Under Secretary for
Research, Education, and Economics, may, without regard
to the provisions of title 5, United States Code, governing
appointment in the competitive service, and without re-
gard to the provisions of chapter 51 and subchapter III
of chapter 53 of title 5, United States Code, relating to
classification and General Schedule pay rates—
(1) establish such technical and scientific review
groups as are needed to carry out the functions of
the Department; and
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(2) appoint and pay the members of the groups,
except that officers and employees of the United
States shall not receive additional compensation for
service as a member of a group.
SEC. 262. CONDITIONS FOR IMPLEMENTATION OF ALTER-
ATIONS IN THE LEVEL OF ADDITIVES AL-
LOWED IN ANIMAL DIETS.
(a) CONDITIONS.—The Food and Drug Administra-
tion shall not implement or enforce the final rule described
in subsection (b) to alter the level of selenium allowed to
be used as a supplement in animal diets unless the Com-
missioner of the Food and Drug Administration makes a
determination that—
(1) selenium additives are not essential, at lev-
els authorized in the absence of such final rule, to
maintain animal nutrition and protect animal health;
(2) selenium at such levels is not safe to the
animals consuming the additive;
(3) selenium at such levels is not safe to indi-
viduals consuming edible portions of animals that re-
ceive the additive;
(4) selenium at such levels does not achieve its
intended effect of promoting normal growth and re-
production of livestock and poultry; and
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(5) the manufacture and use of selenium at
such levels cannot reasonably be controlled by adher-
ence to current good manufacturing practice require-
ments.
(b) FINAL RULE DESCRIBED.—The final rule re-
ferred to in subsection (a) is the final rule issued by the
Food and Drug Administration and published in the Fed-
eral Register on September 13, 1993 (58 Fed. Reg.
47962), in which the Administration stayed 1987 amend-
ments to the selenium food additive regulations, and any
modification of such rule issued after the date of the en-
actment of this Act.
Subtitle H—National Appeals
Division
SEC. 271. DEFINITIONS.
For purposes of this subtitle:
(1) ADVERSE
DECISION.—The term ‘‘adverse
decision’’ means an administrative decision made by
an officer, employee, or committee of an agency that
is adverse to a participant. The term includes a de-
nial of equitable relief by an agency or the failure
of an agency to issue a decision or otherwise act on
the request or right of the participant. The term
does not include a decision over which the Board of
Contract Appeals has jurisdiction.
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(2) AGENCY.—The term ‘‘agency’’ means any
agency of the Department designated by the Sec-
retary or a successor agency of the Department, ex-
cept that the term shall include the following (and
any successor to the following):
(A) The Consolidated Farm Service Agen-
cy (or other office, agency, or administrative
unit of the Department assigned the functions
authorized for the Consolidated Farm Service
Agency under section 226).
(B) The Commodity Credit Corporation,
with respect to domestic programs.
(C) The Farmers Home Administration.
(D) The Federal Crop Insurance Corpora-
tion.
(E) The Rural Development Administra-
tion.
(F) The Natural Resources Conservation
Service (or other office, agency, or administra-
tive unit of the Department assigned the func-
tions authorized for the Natural Resources Con-
servation Service under section 246(b)).
(G) A State, county, or area committee es-
tablished under section 8(b)(5) of the Soil Con-
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servation and Domestic Allotment Act (16
U.S.C. 590h(b)(5)).
(3) APPELLANT.—The term ‘‘appellant’’ means
a participant who appeals an adverse decision in ac-
cordance with this subtitle.
(4) CASE
RECORD.—The term ‘‘case record’’
means all the materials maintained by the Secretary
related to an adverse decision.
(5) DIRECTOR.—The term ‘‘Director’’ means
the Director of the Division.
(6) DIVISION.—The term ‘‘Division’’ means the
National Appeals Division established by this title.
(7) HEARING OFFICER.—The term ‘‘hearing of-
ficer’’ means an individual employed by the Division
who hears and determines appeals of adverse deci-
sions by any agency.
(8) IMPLEMENT.—The term ‘‘implement’’ refers
to those actions necessary to effectuate fully and
promptly a final determination of the Division not
later than 30 calendar days after the effective date
of the final determination.
(9) PARTICIPANT.—The term ‘‘participant’’
shall have the meaning given that term by the Sec-
retary by regulation.
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SEC. 272. NATIONAL APPEALS DIVISION AND DIRECTOR.
(a) ESTABLISHMENT OF DIVISION.—The Secretary
shall establish and maintain an independent National Ap-
peals Division within the Department to carry out this
subtitle.
(b) DIRECTOR.—
(1) APPOINTMENT.—The Division shall be
headed by a Director, appointed by the Secretary
from among persons who have substantial experience
in practicing administrative law. In considering ap-
plicants for the position of Director, the Secretary
shall consider persons currently employed outside
Government as well as Government employees.
(2) TERM AND REMOVAL.—The Director shall
serve for a 6-year term of office, and shall be eligible
for reappointment. The Director shall not be subject
to removal during the term of office, except for
cause established in accordance with law.
(3) POSITION
CLASSIFICATION.—The position
of the Director may not be a position in the excepted
service or filled by a noncareer appointee.
(c) DIRECTION, CONTROL, AND SUPPORT.—The Di-
rector shall be free from the direction and control of any
person other than the Secretary. The Division shall not
receive administrative support (except on a reimbursable
basis) from any agency other than the Office of the Sec-
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•HRES 559 ATH
retary. The Secretary may not delegate to any other offi-
cer or employee of the Department, other than the Direc-
tor, the authority of the Secretary with respect to the Divi-
sion.
(d) DETERMINATION OF APPEALABILITY OF AGENCY
DECISIONS.—If an officer, employee, or committee of an
agency determines that a decision is not appealable and
a participant appeals the decision to the Director, the Di-
rector shall determine whether the decision is adverse to
the individual participant and thus appealable or is a mat-
ter of general applicability and thus not subject to appeal.
The determination of the Director as to whether a decision
is appealable shall be administratively final.
(e) DIVISION PERSONNEL.—The Director shall ap-
point such hearing officers and other employees as are
necessary for the administration of the Division. A hearing
officer or other employee of the Division shall have no du-
ties other than those that are necessary to carry out this
subtitle.
SEC. 273. TRANSFER OF FUNCTIONS.
There are transferred to the Division all functions ex-
ercised and all administrative appeals pending before the
effective date of this subtitle (including all related func-
tions of any officer or employee) of or relating to—
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(1) the National Appeals Division established
by section 426(c) of the Agricultural Act of 1949 (7
U.S.C. 1433e(c)) (as in effect on the day before the
date of the enactment of this Act);
(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) (as in effect on the day before the
date of the enactment of this Act);
(3) appeals of decisions made by the Federal
Crop Insurance Corporation; and
(4) appeals of decisions made by the Soil Con-
servation Service (as in effect on the day before the
date of the enactment of this Act).
SEC. 274. NOTICE AND OPPORTUNITY FOR HEARING.
Not later than 10 working days after an adverse deci-
sion is made that affects the participant, the Secretary
shall provide the participant with written notice of such
adverse decision and the rights available to the participant
under this subtitle or other law for the review of such ad-
verse decision.
SEC. 275. INFORMAL HEARINGS.
If an officer, employee, or committee of an agency
makes an adverse decision, the agency shall hold, at the
request of the participant, an informal hearing on the de-
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cision. With respect to programs carried out through the
Consolidated Farm Service Agency (or other office, agen-
cy, or administrative unit of the Department assigned to
carry out the programs authorized for the Consolidated
Farm Service Agency under section 226), the Secretary
shall maintain the informal appeals process applicable to
such programs, as in effect on the date of the enactment
of the subtitle. If a mediation program is available under
title V of the Agricultural Credit Act of 1987 (7 U.S.C.
5101 et seq.) as a part of the informal hearing process,
the participant shall be offered the right to choose such
mediation.
SEC. 276. RIGHT OF PARTICIPANTS TO DIVISION HEARING.
(a) APPEAL TO DIVISION FOR HEARING.—Subject to
subsection (b), a participant shall have the right to appeal
an adverse decision to the Division for an evidentiary hear-
ing by a hearing officer consistent with section 277.
(b) TIME FOR APPEAL.—To be entitled to a hearing
under section 277, a participant shall request the hearing
not later than 30 days after the date on which the partici-
pant first received notice of the adverse decision.
SEC. 277. DIVISION HEARINGS.
(a) GENERAL POWERS OF DIRECTOR AND HEARING
OFFICERS.—
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(1) ACCESS TO CASE RECORD.—The Director
and hearing officer shall have access to the case
record of any adverse decision appealed to the Divi-
sion for a hearing.
(2) ADMINISTRATIVE
PROCEDURES.—The Di-
rector and hearing officer shall have the authority to
require the attendance of witnesses, and the produc-
tion of evidence, by subpoena and to administer
oaths and affirmations. Except to the extent re-
quired for the disposition of ex parte matters as au-
thorized by law—
(A) an interested person outside the Divi-
sion shall not make or knowingly cause to be
made to the Director or a hearing officer who
is or may reasonably be expected to be involved
in the evidentiary hearing or review of an ad-
verse decision, an ex parte communication (as
defined in section 551(14) of title 5, United
States Code) relevant to the merits of the pro-
ceeding;
(B) the Director and such hearing officer
shall not make or knowingly cause to be made
to any interested person outside the Division an
ex parte communication relevant to the merits
of the proceeding.
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(b) TIME FOR HEARING.—Upon a timely request for
a hearing under section 276(b), an appellant shall have
the right to have a hearing by the Division on the adverse
decision within 45 days after the date of the receipt of
the request for the hearing.
(c) LOCATION AND ELEMENTS OF HEARING.—
(1) LOCATION.—A hearing on an adverse deci-
sion shall be held in the State of residence of the ap-
pellant or at a location that is otherwise convenient
to the appellant and the Division.
(2) EVIDENTIARY
HEARING.—The evidentiary
hearing before a hearing officer shall be in person,
unless the appellant agrees to a hearing by telephone
or by a review of the case record. The hearing offi-
cer shall not be bound by previous findings of fact
by the agency in making a determination.
(3) INFORMATION AT HEARING.—The hearing
officer shall consider information presented at the
hearing without regard to whether the evidence was
known to the agency officer, employee, or committee
making the adverse decision at the time the adverse
decision was made. The hearing officer shall leave
the record open after the hearing for a reasonable
period of time to allow the submission of information
by the appellant or the agency after the hearing to
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the extent necessary to respond to new facts, infor-
mation, arguments, or evidence presented or raised
by the agency or appellant.
(4) BURDEN OF PROOF.—The appellant shall
bear the burden of proving that the adverse decision
of the agency was erroneous.
(d) DETERMINATION NOTICE.—The hearing officer
shall issue a notice of the determination on the appeal not
later than 30 days after a hearing or after receipt of the
request of the appellant to waive a hearing, except that
the Director may establish an earlier or later deadline. If
the determination is not appealed to the Director for re-
view under section 278, the notice provided by the hearing
officer shall be considered to be a notice of an administra-
tively final determination.
(e) EFFECTIVE DATE.—The final determination shall
be effective as of the date of filing of an application, the
date of the transaction or event in question, or the date
of the original adverse decision, whichever is applicable.
SEC. 278. DIRECTOR REVIEW OF DETERMINATIONS OF
HEARING OFFICERS.
(a) REQUESTS FOR DIRECTOR REVIEW.—
(1) TIME FOR REQUEST BY APPELLANT.—Not
later than 30 days after the date on which an appel-
lant receives the determination of a hearing officer
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under section 277, the appellant shall submit a writ-
ten request to the Director for review of the deter-
mination in order to be entitled to a review by the
Director of the determination.
(2) TIME FOR REQUEST BY AGENCY HEAD.—
Not later than 15 business days after the date on
which an agency receives the determination of a
hearing officer under section 277, the head of the
agency may make a written request that the Direc-
tor review the determination.
(b) DETERMINATION OF DIRECTOR.—The Director
shall conduct a review of the determination of the hearing
officer using the case record, the record from the evi-
dentiary hearing under section 277, the request for review,
and such other arguments or information as may be ac-
cepted by the Director. Based on such review, the Director
shall issue a final determination notice that upholds, re-
verses, or modifies the determination of the hearing offi-
cer. However, if the Director determines that the hearing
record is inadequate, the Director may remand all or a
portion of the determination for further proceedings to
complete the hearing record or, at the option of the Direc-
tor, to hold a new hearing. The Director shall complete
the review and either issue a final determination or re-
mand the determination not later than—
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(1) 10 business days after receipt of the request
for review, in the case of a request by the head of
an agency for review; or
(2) 30 business days after receipt of the request
for review, in the case of a request by an appellant
for review.
(c) BASIS FOR DETERMINATION.—The determination
of the hearing officer and the Director shall be based on
information from the case record, laws applicable to the
matter at issue, and applicable regulations published in
the Federal Register and in effect on the date of the ad-
verse decision or the date on which the acts that gave rise
to the adverse decision occurred, whichever date is appro-
priate.
(d) EQUITABLE RELIEF.—Subject to regulations is-
sued by the Secretary, the Director shall have the author-
ity to grant equitable relief under this section in the same
manner and to the same extent as such authority is pro-
vided to the Secretary under section 326 of the Food and
Agriculture Act of 1962 (7 U.S.C. 1339a) and other laws.
Notwithstanding the administrative finality of a final de-
termination of an appeal by the Division, the Secretary
shall have the authority to grant equitable or other types
of relief to the appellant after an administratively final
determination is issued by the Division.
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(e) EFFECTIVE DATE.—A final determination issued
by the Director shall be effective as of the date of filing
of an application, the date of the transaction or event in
question, or the date of the original adverse decision,
whichever is applicable.
SEC. 279. JUDICIAL REVIEW.
A final determination of the Division shall be
reviewable and enforceable by any United States district
court of competent jurisdiction 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 implement 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 NA-
TIONAL APPEALS DIVISION.
(a) DECISIONS OF STATE, COUNTY, AND AREA COM-
MITTEES.—
(1) APPLICATION OF SUBSECTION.—This sub-
section shall apply only with respect to functions of
the Consolidated Farm Service Agency or the Com-
modity Credit Corporation that are under the juris-
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diction of a State, county, or area committee estab-
lished 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, coun-
ty, 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 Exec-
utive 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 Com-
modity 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 un-
less the participant had reason to believe that the
decision was erroneous.
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(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 Department assigned the
functions authorized for the Consolidated Farm
Service Agency under section 226.
(b) AGRICULTURAL STABILIZATION AND CONSERVA-
TION SERVICE.—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 MEDI-
ATION 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 agricul-
tural loan mediation program’’ and inserting ‘‘a me-
diation program’’;
(2) in subsection (b), by striking ‘‘agricultural
loan’’; and
(3) by striking subsection (c) and inserting the
following new subsection:
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‘‘(c) REQUIREMENTS OF STATE MEDIATION PRO-
GRAMS.—
‘‘(1) ISSUES COVERED.—To be certified as a
qualifying State, the mediation program of the State
must provide mediation services for the persons de-
scribed in paragraph (2) who are involved in agricul-
tural loans or agricultural loans and one or more of
the following issues under the jurisdiction of the De-
partment of Agriculture:
‘‘(A) Wetlands determinations.
‘‘(B) Compliance with farm programs, in-
cluding conservation 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 di-
rectly affected by actions of the Department of Agri-
culture.
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‘‘(3) CERTIFICATION
CONDITIONS.—The Sec-
retary shall certify 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 pro-
gram—
‘‘(A) provides for mediation services that,
if decisions are reached, result in mediated, mu-
tually agreeable decisions between the parties to
the mediation;
‘‘(B) is authorized or administered by an
agency of the State government or by the Gov-
ernor of the State;
‘‘(C) provides for the training of medi-
ators;
‘‘(D) provides that the mediation sessions
shall be confidential;
‘‘(E) ensures, in the case of agricultural
loans, that all lenders and borrowers of agricul-
tural loans receive adequate 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.’’.
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(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 ‘‘pro-
gram’’; 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
(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 applica-
ble,’’ before ‘‘present’’.
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(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 sen-
tence: ‘‘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’’.
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(2) WAIVER OF FARM CREDIT SYSTEM MEDI-
ATION 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 Divi-
sion.
Subtitle I—Miscellaneous
Reorganization Provisions
SEC. 291. SUCCESSORSHIP PROVISIONS RELATING TO BAR-
GAINING UNITS AND EXCLUSIVE REPRESENT-
ATIVES.
(a) VOLUNTARY AGREEMENT.—
(1) IN GENERAL.—If the exercise of the Sec-
retary’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 voluntary
agreement on a new bargaining unit and an exclu-
sive representative for such unit.
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(2) CRITERIA.—In carrying out the require-
ments 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 rep-
resentative; and
(B) section 7112 of title 5, United States
Code (disregarding 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
NONCER-
TIFICATION.—The Federal Labor Relations Au-
thority may not certify the terms of an agree-
ment under paragraph (1) if—
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(i) it determines that any of the cri-
teria referred to in subsection (a)(2) (dis-
regarding section 7112(a) of title 5, Unit-
ed 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 certifi-
cation.
(B) TEMPORARY
WAIVER
OF
PROVISION
THAT WOULD BAR AN ELECTION AFTER A COL-
LECTIVE
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 or-
ganization), if the election is held before the
end of the 12-month period beginning on the
date such unit is so certified.