[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2145 Engrossed in Senate (ES)]

103d CONGRESS

  2d Session

                                S. 2145

_______________________________________________________________________

                                 AN ACT

 To authorize the Secretary of Agriculture to determine which programs 
 of the Department of Agriculture are eligible for State mediation and 
  to certify States to administer mediation for the programs, and for 
                            other purposes.
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
103d CONGRESS
  2d Session
                                S. 2145

_______________________________________________________________________

                                 AN ACT


 
 To authorize the Secretary of Agriculture to determine which programs 
 of the Department of Agriculture are eligible for State mediation and 
  to certify States to administer mediation for the programs, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Agricultural Mediation Act of 
1994''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Agricultural mediation program.--The term 
        ``agricultural mediation program'' means a program administered 
        by a State (in accordance with this Act) for the mediation of 
        disputes arising under an eligible Department program.
            (2) Department.--The term ``Department'' means the United 
        States Department of Agriculture.
            (3) Eligible department program.--The term ``eligible 
        Department program'' means a program of the Department under 
        which disputes may be resolved under an agricultural mediation 
        program, as determined by the Secretary under section 4.
            (4) Mediation.--The term ``mediation'' means a process of 
        negotiation in which an impartial third party attempts to 
        assist parties in negotiating a mutually agreeable resolution 
        of a dispute.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 3. PURPOSES.

    The purposes of this Act are to provide the Secretary with the 
authority to--
            (1) determine which programs of the Department are eligible 
        for mediation, which has proven to be a valuable means of 
        alternative dispute resolution; and
            (2) certify States to administer mediation for eligible 
        Department programs.

SEC. 4. DETERMINATION OF ELIGIBLE DEPARTMENT PROGRAMS.

    (a) Determination.--The Secretary is authorized to determine which 
programs of the Department are eligible Department programs.
    (b) Determination Factors.--In making the determination, the 
Secretary shall consider--
            (1) the complexity and technical nature of the Department 
        program;
            (2) the protection of the interests of program 
        participants; and
            (3) whether mediation as a form of dispute resolution would 
        achieve fairness for program participants and the Department.

SEC. 5. NOTICE OF ELIGIBLE DEPARTMENT PROGRAMS.

    Not later than 120 days after the date of enactment of this Act, 
the Secretary shall publish in the Federal Register--
            (1) notice of which programs of the Department are eligible 
        Department programs; and
            (2) a solicitation to States to apply for certification to 
        administer agricultural mediation programs for the eligible 
        Department programs.

SEC. 6. CERTIFICATION OF STATES TO ADMINISTER AGRICULTURAL MEDIATION 
              PROGRAMS.

    (a) In General.--For purposes of this Act, a State is qualified to 
administer an agricultural mediation program if the Secretary certifies 
that a proposal by the State to administer the program satisfies the 
requirements of this section.
    (b) Determinations.--The Secretary shall determine whether a State 
is qualified to administer an agricultural mediation program of the 
State not later than 30 days after the Secretary receives from the 
State a description of the proposed agricultural mediation program and 
a statement certifying that the State has met all of the requirements 
of subsection (c).
    (c) Certification Requirements.--To obtain certification to 
administer an agricultural mediation program, a State must--
            (1) demonstrate a need for the agricultural mediation 
        program within the State based on the agricultural activity, 
        and the number of participants, involved;
            (2) ensure that mediation services will be offered to all 
        individuals who are or may be eligible to participate in the 
        eligible Department program;
            (3) ensure that the agricultural mediation program is 
        administered by the State or an authorized agent of the State;
            (4) provide for the training of mediators;
            (5) ensure that confidentiality of the mediation sessions 
        will be maintained; and
            (6) ensure that persons and agencies of the Department 
        affected by the program, as determined by the Secretary, 
        receive adequate notification of the agricultural mediation 
        program.

SEC. 7. RECERTIFICATION.

    (a) In General.--To retain certification to administer an 
agricultural mediation program, a State must--
            (1) recertify the program in a manner prescribed by the 
        Secretary; and
            (2) provide affected agencies of the Department with all 
        information required by the Secretary (in consultation with 
        interested parties) on the disputes mediated under the program, 
        subject to the confidentiality requirements of Federal and 
        State law.
    (b) Public Availability.--The information described in subsection 
(a)(2) shall be made available by the Secretary to the public.

SEC. 8. MATCHING GRANTS TO STATES.

    (a) In General.--Subject to the availability of appropriations, the 
Secretary shall provide matching grants to a State for the 
administration and operation of an agricultural mediation program.
    (b) Amount.--Subject to the availability of appropriations, the 
Secretary may pay up to 70 percent of the cost of the administration 
and operation of an agricultural mediation program by a State.
    (c) Use.--A State that receives a matching grant to administer an 
agricultural mediation program under this section may use the financial 
assistance only to administer and operate the program.
    (d) Penalty.--If the Secretary determines that a State has not 
complied with subsection (c), the State shall not be eligible for 
additional matching grants under this section.

SEC. 9. ADMINISTRATION.

    (a) Information.--If the Secretary receives a request from a person 
for information or analysis that is relevant to a mediated dispute (as 
determined by the Secretary), the Secretary shall provide the 
information or analysis to the person.
    (b) Participation by Secretary.--Subject to subsection (c), the 
Secretary shall participate in each agricultural mediation program 
established under this Act.
    (c) Mediation Nonbinding on the Secretary.--The Secretary shall not 
be bound by a decision or negotiated agreement resulting from mediation 
conducted under an agricultural mediation program if the Secretary has 
not agreed to the decision or agreement.

SEC. 10. REGULATIONS.

    The Secretary shall issue regulations to carry out this Act not 
later than 120 days after the date of enactment of this Act.

SEC. 11. CONSTRUCTION.

    The authority provided by this Act is in addition to, and in no way 
affects, the authority provided under title V of the Agricultural 
Credit Act of 1987 (7 U.S.C. 5101 et seq.).

SEC. 12. CONFORMING AMENDMENTS.

    (a) Waiver of Farm Credit Mediation Rights by Borrowers.--Section 
4.14E of the Farm Credit Act of 1971 (12 U.S.C. 2202e) is amended by 
striking ``the agricultural loan'' and inserting ``an agricultural''.
    (b) 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 ``the agricultural loan'' and inserting ``an 
agricultural''.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this Act $7,500,000 for each of fiscal years 1995 through 1998.
    (b) Fees.--The Secretary is authorized, subject to the availability 
of funds appropriated in advance, to expend such funds as are necessary 
to pay any fees charged to an agency that administers an agricultural 
mediation program for mediating individual disputes to which the agency 
is a party.

SEC. 14. TERMINATION OF AUTHORITY.

    The authority provided by this Act shall terminate on September 30, 
1998.

SEC. 15. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this Act and 
the amendments made by this Act shall become effective on the date of 
enactment of this Act.
    (b) Transitional Provision.--During the 2-year period beginning on 
the date of enactment of this Act, a State that (on the date of 
enactment of this Act) is certified to carry out an agricultural loan 
mediation program under title V of the Agricultural Credit Act of 1987 
(7 U.S.C. 5101 et seq.) shall be considered certified (under section 6 
of this Act) to administer any agricultural mediation program.

            Passed the Senate May 25 (legislative day, May 16), 1994.

            Attest:






                                                             Secretary.