I
106TH CONGRESS
2D SESSION
H. R. 4688
To amend the Agricultural Credit Act of 1987 to extend the authority of
the Secretary of Agriculture to provide grants for State mediation pro-
grams dealing with agricultural issues, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 15, 2000
Mr. THUNE (for himself and Mr. POMEROY) introduced the following bill;
which was referred to the Committee on Agriculture
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 agri-
cultural issues, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. STATE AGRICULTURAL MEDIATION PROGRAMS.
(a) ELIGIBLE PERSON; MEDIATION SERVICES.—Sec-
tion 501 of the Agricultural Credit Act of 1987 (7 U.S.C.
5101) is amended—
(1) in subsection (c), by striking paragraphs (1)
and (2) and inserting the following:
‘‘(1) ISSUES COVERED.—
‘‘(A) IN GENERAL.—To be certified as a
qualifying State, the mediation program of the
State must provide mediation services to per-
sons described in paragraph (2) that are in-
volved in agricultural loans (regardless of
whether the loans are made or guaranteed by
the Secretary or made by a third party).
‘‘(B) OTHER ISSUES.—The mediation pro-
gram of a qualifying State may provide medi-
ation services to persons described in paragraph
(2) that are involved in 1 or more of the fol-
lowing issues under the jurisdiction of the De-
partment of Agriculture:
‘‘(i) Wetlands determinations.
‘‘(ii) Compliance with farm programs,
including conservation programs.
‘‘(iii) Agricultural credit.
‘‘(iv) Rural water loan programs.
‘‘(v) Grazing on National Forest Sys-
tem land.
‘‘(vi) Pesticides.
‘‘(vii) Such other issues as the Sec-
retary considers appropriate.
‘‘(2) PERSONS ELIGIBLE FOR MEDIATION.—The
persons referred to in paragraph (1) include—
‘‘(A) agricultural producers;
‘‘(B) creditors of producers (as applicable);
and
‘‘(C) persons directly affected by actions of
the Department of Agriculture.’’; and
(2) by adding at the end the following:
‘‘(d) DEFINITION OF MEDIATION SERVICES.—In this
section, the term ‘mediation services’ may include all ac-
tivities related to—
‘‘(1) the intake and scheduling of cases;
‘‘(2) the provision of background and selected
information regarding the mediation process;
‘‘(3) financial advisory and counseling services
(as appropriate); and
‘‘(4) the mediation session.’’.
(b) USE OF MEDIATION GRANTS.—Section 502(c) of
the Agricultural Credit Act of 1987 (7 U.S.C. 5102(c))
is amended—
(1) by striking ‘‘Each’’ and inserting the fol-
lowing:
‘‘(1) IN GENERAL.—Each’’; and
(2) by adding at the end the following:
‘‘(2) OPERATION
AND
ADMINISTRATION
EX-
PENSES.—For purposes of paragraph (1), operation
and administration expenses for which a grant may
be used include—
‘‘(A) salaries;
‘‘(B) reasonable fees and costs of medi-
ators;
‘‘(C) office rent and expenses, such as util-
ities and equipment rental;
‘‘(D) office supplies;
‘‘(E) administrative costs, such as workers’
compensation, liability insurance, the employ-
er’s share of Social Security, and necessary
travel;
‘‘(F) education and training;
‘‘(G) security systems necessary to ensure
the confidentiality of mediation sessions and
records of mediation sessions;
‘‘(H) costs associated with publicity and
promotion of the mediation program;
‘‘(I) preparation of the parties for medi-
ation; and
‘‘(J) financial advisory and counseling
services for parties requesting mediation.’’.
(c) DUTIES OF THE SECRETARY OF AGRICULTURE.—
Section 503(a)(1) of the Agricultural Credit Act of 1987
(7 U.S.C. 5103(a)(1)) is amended—
(1) in subparagraph (B), by striking ‘‘and’’
after the semicolon at the end;
(2) in subparagraph (C), by striking the period
at the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(D) shall implement procedures to ensure
the confidentiality of any State mediation pro-
gram certified under section 501 (including any
related communications and records) in accord-
ance with section 574 of title 5, United States
Code.’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—Section
506 of the Agricultural Credit Act of 1987 (7 U.S.C.
5106) is amended by striking ‘‘for each of the fiscal years
1998 through 2000’’ and inserting ‘‘for each fiscal year’’.
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