[Congressional Record Volume 140, Number 67 (Wednesday, May 25, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 25, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                   AGRICULTURE MEDIATION ACT OF 1994

  Mr. MITCHELL. Mr. President, I ask unanimous consent that the 
Agriculture Committee be discharged from further consideration of S. 
2145, a bill relating to State mediation programs; that the Senate 
proceed to its immediate consideration; that the bill be read a third 
time and passed; that the motion to reconsider be laid upon the table; 
and that any statements appear at the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the bill (S. 2145) was deemed read the third time and passed, as 
follows:

                                S. 2145

       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.

                          ____________________