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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 hearing 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 participant
first received notice of the adverse decision.
SEC. 277. DIVISION HEARINGS.
(a) GENERAL POWERS OF DIRECTOR AND HEARING OF-
FICERS.—
(1) ACCESS TO CASE RECORD.—The Director and
hearing officer shall have access to the case record of
any adverse decision appealed to the Division for a hear-
ing.
(2) ADMINISTRATIVE PROCEDURES.—The Director
and hearing officer shall have the authority to require
the attendance of witnesses, and the production of evi-
dence, by subpoena and to administer oaths and affirma-
tions. Except to the extent required for the disposition
of ex parte matters as authorized by law—
(A) an interested person outside the Division
shall not make or knowingly cause to be made to
the Director or a hearing officer who is or may rea-
sonably be expected to be involved in the evidentiary
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hearing or review of an adverse decision, an ex
parte communication (as defined in section 551(14)
of title 5, United States Code) relevant to the mer-
its of the proceeding;
(B) the Director and such hearing officer shall
not make or knowingly cause to be made to any in-
terested person outside the Division an ex parte
communication relevant to the merits of the pro-
ceeding.
(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 deci-
sion within 45 days after the date of the receipt of the re-
quest for the hearing.
(c) LOCATION AND ELEMENTS OF HEARING.—
(1) LOCATION.—A hearing on an adverse decision
shall be held in the State of residence of the appellant
or at a location that is otherwise convenient to the appel-
lant and the Division.
(2) EVIDENTIARY HEARING.—The evidentiary hear-
ing 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 officer shall not be
bound by previous findings of fact by the agency in mak-
ing a determination.
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(3) INFORMATION AT HEARING.—The hearing offi-
cer shall consider information presented at the hearing
without regard to whether the evidence was known to the
agency officer, employee, or committee making the ad-
verse 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 sub-
mission of information by the appellant or the agency
after the hearing to the extent necessary to respond to
new facts, information, 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 determina-
tion is not appealed to the Director for review under section
278, the notice provided by the hearing officer shall be con-
sidered to be a notice of an administratively final determina-
tion.
(e) EFFECTIVE DATE.—The final determination shall be
effective as of the date of filing of an application, the date
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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 HEAR-
ING OFFICERS.
(a) REQUESTS FOR DIRECTOR REVIEW.—
(1) TIME FOR REQUEST BY APPELLANT.—Not later
than 30 days after the date on which an appellant re-
ceives the determination of a hearing officer under sec-
tion 277, the appellant shall submit a written request to
the Director for review of the determination in order to
be entitled to a review by the Director of the determina-
tion.
(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 Director review the determina-
tion.
(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 evidentiary hearing
under section 277, the request for review, and such other ar-
guments or information as may be accepted by the Director.
Based on such review, the Director shall issue a final deter-
mination notice that upholds, reverses, or modifies the deter-
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mination of the hearing officer. However, if the Director de-
termines 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 Director, to hold a new hearing. The Director shall
complete the review and either issue a final determination or
remand the determination not later than—
(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 re-
view.
(c) BASIS FOR DETERMINATION.—The determination of
the hearing officer and the Director shall be based on infor-
mation 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 adverse decision or
the date on which the acts that gave rise to the adverse deci-
sion occurred, whichever date is appropriate.
(d) EQUITABLE RELIEF.—Subject to regulations issued
by the Secretary, the Director shall have the authority to
grant equitable relief under this section in the same manner
and to the same extent as such authority is provided to the
Secretary under section 326 of the Food and Agriculture Act
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of 1962 (7 U.S.C. 1339a) and other laws. Notwithstanding
the administrative finality of a final determination of an ap-
peal 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.
(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 ap-
plicable.
SEC. 279. JUDICIAL REVIEW.
A final determination of the Division shall be reviewable
and enforceable by any United States district court of com-
petent jurisdiction in accordance with chapter 7 of title 5,
United States Code.
SEC. 280. IMPLEMENTATION OF FINAL DETERMINATIONS OF DI-
VISION.
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 deter-
mination.
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SEC. 281. CONFORMING AMENDMENTS RELATING TO NATIONAL
APPEALS DIVISION.
(a) DECISIONS OF STATE, COUNTY, AND AREA COMMIT-
TEES.—
(1) APPLICATION OF SUBSECTION.—This subsection
shall apply only with respect to functions of the Consoli-
dated 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 bene-
fits, unless the decision is—
(A) appealed under this subtitle; or
(B) modified by the Administrator of the Con-
solidated Farm Service Agency or the Executive
Vice President of the Commodity Credit Corpora-
tion.
(3) RECOVERY OF AMOUNTS.—If the decision of the
State, county, or area committee has become final under
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paragraph (2), no action may be taken by the Consoli-
dated Farm Service Agency, the Commodity Credit Cor-
poration, or a State, county, or area committee to re-
cover amounts found to have been disbursed as a result
of a decision in error unless the participant had reason
to believe that the decision was erroneous.
(4) SAVINGS PROVISION.—For purposes of this sub-
section, a reference to the ‘‘Consolidated Farm Service
Agency’’ includes any other office, agency, or adminis-
trative unit of the Department assigned the functions
authorized for the Consolidated Farm Service Agency
under section 226.
(b) AGRICULTURAL STABILIZATION AND CONSERVATION
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—
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(1) in subsection (a), by striking ‘‘an agricultural
loan mediation program’’ and inserting ‘‘a mediation
program’’;
(2) in subsection (b), by striking ‘‘agricultural
loan’’; and
(3) by striking subsection (c) and inserting the fol-
lowing new subsection:
‘‘(c) REQUIREMENTS
OF
STATE
MEDIATION
PRO-
GRAMS.—
‘‘(1) ISSUES COVERED.—To be certified as a quali-
fying 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 is-
sues under the jurisdiction of the Department of Agri-
culture:
‘‘(A) Wetlands determinations.
‘‘(B) Compliance with farm programs, includ-
ing conservation programs.
‘‘(C) Agricultural credit.
‘‘(D) Rural water loan programs.
‘‘(E) Grazing on National Forest System
lands.
‘‘(F) Pesticides.
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‘‘(G) Such other issues as the Secretary con-
siders appropriate.
‘‘(2) PERSONS
ELIGIBLE
FOR
MEDIATION.—The
persons referred to in paragraph (1) are producers, their
creditors (if applicable), and other persons directly af-
fected by actions of the Department of Agriculture.
‘‘(3) CERTIFICATION CONDITIONS.—The Secretary
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 program—
‘‘(A) provides for mediation services that, if de-
cisions are reached, result in mediated, mutually
agreeable decisions between the parties to the medi-
ation;
‘‘(B) is authorized or administered by an agen-
cy 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 confidential;
‘‘(E) ensures, in the case of agricultural loans,
that all lenders and borrowers of agricultural loans
receive adequate notification of the mediation pro-
gram; and
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‘‘(F) ensures, in the case of other issues cov-
ered by the mediation program, that persons di-
rectly affected by actions of the Department of Ag-
riculture receive adequate notification of the medi-
ation 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 ap-
pears;
(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 in-
sures agricultural loans’’;
(3) in subsection (a)(1)(A)—
(A) by inserting ‘‘or agency’’ after ‘‘such pro-
gram’’; 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
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(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 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 pro-
gram 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.—Sub-
title A of title V of such Act is amended—
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(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 in-
serting ‘‘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 BOR-
ROWERS.—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 BAR-
GAINING UNITS AND EXCLUSIVE REPRESENTA-
TIVES.
(a) VOLUNTARY AGREEMENT.—
(1) IN GENERAL.—If the exercise of the Secretary’s
authority under this title results in changes to an exist-
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ing 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 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
(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 rep-
resentative for such unit under subsection (a), the Fed-
eral Labor Relations Authority shall certify the terms of
such agreement, subject to paragraph (2)(A). Nothing in
this subsection shall be considered 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 Author-
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ity 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 au-
thority and before certification under this sec-
tion, 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 sec-
tion 7111(b) of such title that covers employees
within a unit certified under paragraph (1), or giv-
ing effect to the results of such an election (includ-
ing 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.
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(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, Unit-
ed States Code, or section 7111(f)(4) of such title,
be treated as if it had occurred pursuant to an elec-
tion.
(3) DELEGATION.—
(A) IN GENERAL.—The Federal Labor Rela-
tions Authority may delegate to any regional direc-
tor (as referred to in section 7105(e) of title 5,
United States Code) its authority under the preced-
ing 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 appli-
cation 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—
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(1) with respect to an exercise of authority by the
Secretary under this title, any labor organization af-
fected thereby; and
(2) the Department of Agriculture.
SEC. 292. PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.
(a) SENSE OF CONGRESS.—It is the sense of the Con-
gress that, to the greatest extent practicable, all equipment
and products purchased using funds made available pursuant
to this title should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial as-
sistance to, or entering into any contract with, any entity
using funds made available pursuant to this title, the Sec-
retary, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in sub-
section (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
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(C) by redesignating subsection (bb) as sub-
section (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 person-
nel’’;
(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—
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(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 strik-
ing ‘‘subsection (e)’’ and inserting ‘‘subsection (d)’’.
SEC. 294. REMOVAL OF OBSOLETE ADMINISTRATIVE PROVI-
SIONS.
Section 5316 of title 5, United States Code, is
amended—
(1) by striking ‘‘Administrator, Agricultural Mar-
keting Service, Department of Agriculture.’’;
(2) by striking ‘‘Administrator, Agricultural Re-
search Service, Department of Agriculture.’’;
(3) by striking ‘‘Administrator, Agricultural Sta-
bilization and Conservation Service, Department of Agri-
culture.’’;
(4) by striking ‘‘Administrator, Farmers Home Ad-
ministration.’’;
(5) by striking ‘‘Administrator, Foreign Agricul-
tural Service, Department of Agriculture.’’;
(6) by striking ‘‘Administrator, Rural Electrifica-
tion Administration, Department of Agriculture.’’;
(7) by striking ‘‘Administrator, Soil Conservation
Service, Department of Agriculture.’’;
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(8) by striking ‘‘Chief Forester of the Forest Serv-
ice, Department of Agriculture.’’;
(9) by striking ‘‘Director of Science and Education,
Department of Agriculture.’’;
(10) by striking ‘‘Administrator, Animal and Plant
Health Inspection Service, Department of Agriculture.’’;
and
(11) by striking ‘‘Administrator, Federal Grain In-
spection Service, Department of Agriculture.’’.
SEC. 295. PROPOSED CONFORMING AMENDMENTS.
Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress rec-
ommended legislation containing additional technical and con-
forming amendments to Federal laws that are required as a
result of the enactment of this title.
SEC. 296. TERMINATION OF AUTHORITY.
(a) IN GENERAL.—Subject to subsection (b), the author-
ity delegated to the Secretary by this title to reorganize the
Department shall terminate on the date that is 2 years after
the date of enactment of this Act.
(b) FUNCTIONS.—Subsection (a) shall not affect—
(1) the authority of the Secretary to continue to
carry out a function that the Secretary performs on the
date that is 2 years after the date of enactment of this
Act;
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(2) the authority delegated to the Secretary under
Reorganization Plan No. 2 of 1953 (5 U.S.C. App; 7
U.S.C. 2201 note); or
(3) the authority of an agency, office, officer, or
employee of the Department to continue to perform all
functions delegated or assigned to the entity or person
as of that termination date.
TITLE III—MISCELLANEOUS
SEC. 301. POULTRY LABELING.
It is the sense of Congress that—
(1) the United States Department of Agriculture
should—
(A) carry out the plans of the Department to
hold public hearings for the purpose of receiving
public input on issues related to the conditions
under which poultry sold in the United States may
be labeled ‘‘fresh’’; and
(B) finalize and publish a decision on the is-
sues as expeditiously as possible after holding the
hearings; and
(2) no person serving on the expert advisory com-
mittee established to advise the Secretary of Agriculture
on the issues should stand to profit, or represent any in-
terest that would stand to profit, from the decision of
the Department on the issues.
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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 pe-
remptorily 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 poli-
cies, or proposed policies, of the Department, including poli-
cies or proposed policies regarding homosexuals. Any em-
ployee removed on or after February 15, 1994, without the
opportunity for such a hearing shall be reinstated to the posi-
tion 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 Octo-
ber 1, 1994,’’ after ‘‘1992,’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (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
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and Cost-Benefit Analysis, 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 in-
cludes a risk assessment and cost-benefit analysis that is per-
formed 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 Agri-
culture 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 combination thereof, addressed by the reg-
ulation, including, where applicable and practicable,
the health and safety risks to persons who are dis-
proportionately exposed or particularly sensitive;
(B) the costs associated with the implementa-
tion of, and compliance with, the regulation;
(C) where appropriate and meaningful, a com-
parison of that risk relative to other similar risks
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regulated by the Department or other Federal
Agency, resulting from comparable activities and
exposure pathways (such comparisons should con-
sider 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.
Where such a regulatory analysis is not practicable because
of compelling circumstances, the Director shall provide an ex-
planation 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 Secretary 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 bene-
fits and reduce risks to human health, human safe-
ty, or the environment, and any combination there-
of, in a cost-effective manner as a result of the im-
plementation of and compliance with the regulation,
by local, State, and Federal Government and other
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public and private entities, as estimated in para-
graph (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 pro-
mulgation or implementation of regulations mandated by
statute or judicial order.
(c) DEFINITION.—As used in this section, the term
‘‘major regulation’’ 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 DIS-
ADVANTAGED PRODUCERS.
(a) FAIR CROP ACREAGE BASES AND FARM PROGRAM
PAYMENT YIELDS.—If the Secretary of Agriculture deter-
mines that crop acreage bases or farm program payment
yields established for farms owned or operated by socially dis-
advantaged 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 con-
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form 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 DISADVAN-
TAGED PRODUCERS.—
(1) REPORT REQUIRED.—The Comptroller General
of the United States shall prepare a report to deter-
mine—
(A) whether socially disadvantaged producers
are underrepresented on State, county, area, or
local committees established under section 8(b)(5)
of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590h(b)(5)) or local review commit-
tees established under section 363 of the Agricul-
tural Adjustment Act of 1938 (7 U.S.C. 1363) be-
cause of racial, ethnic, or gender prejudice; and
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(B) if such underrepresentation exists, whether
it inhibits or interferes with the participation of so-
cially disadvantaged producers in programs of the
Department of Agriculture.
(2) SUBMISSION OF REPORT.—Not later than Feb-
ruary 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 quali-
ties.
SEC. 306. AVIATION INSPECTIONS.
(a) STUDY
REGARDING
ACCEPTANCE
OF
FEDERAL
AVIATION ADMINISTRATION AIRCRAFT INSPECTIONS.—
(1) INTENT OF STUDY.—The intent of the study re-
quired by this subsection is to examine the cost effi-
ciencies of conducting inspections of aircraft and pilots
by one Federal agency without reducing aircraft, pas-
senger, or pilot safety standards or lowering mission pre-
paredness.
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(2) STUDY
REQUIRED.—The Secretary of Agri-
culture and the Secretary of Transportation shall jointly
conduct a study of the inspection specifications and pro-
cedures by which aircraft and pilots contracted by the
Department are certified to determine the cost effi-
ciencies of eliminating duplicative Department inspection
requirements and transferring some or all inspection re-
quirements 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 Depart-
ment and the Forest Service, taking into consideration
the unique requirements and risks of particular Depart-
ment and Forest Service missions that may require spe-
cial inspection specifications and procedures to ensure
the safety of Department and Forest Service personnel
and their contractees.
(4) MAINTENANCE OF STANDARDS AND PREPARED-
NESS.—In making recommendations to transfer inspec-
tion authority or otherwise change Department inspec-
tion specifications and procedures, the Secretaries shall
ensure that the implementation of any such rec-
ommendations does not lower aircraft or pilot standards
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or preparedness for Department or Forest Service mis-
sions.
(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 in-
spection authority or otherwise change Department in-
spection specifications and procedures and a cost-benefit
analysis of such recommendations.
(b) REVIEW OF RECENTLY ADOPTED AIRCRAFT POL-
ICY.—
(1) REVIEW
REQUIRED.—The Secretary of Agri-
culture shall review the policy initiated by the Secretary
on July 1, 1994, to accept Federal Aviation Administra-
tion inspections on aircraft and pilots that provide ‘‘air-
port to airport’’ service for the Forest Service. The pol-
icy is currently being cooperatively developed by the De-
partment and the Federal Aviation Administration and
is intended to reduce duplicative inspections and to re-
duce Government costs, while maintaining aircraft, pas-
senger, and pilot safety standards, specifications and
procedures currently required by the Department and
the Forest Service.
(2) EXPANSION OF POLICY.—As part of the review,
the Secretary of Agriculture shall examine the feasibility
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and desirability of applying 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.
Attest:
Clerk.