SEC. 202. NATIONAL APPEALS DIVISION AND DIRECTOR-POSITIONS AT LEVEL V

(5 U.S.C. 5316)

Level V of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title:

Director, National Appeals Division, Department of Agriculture.

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SEC. 215. CONFORMING AMENDMENTS

Sec. 385 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1385) [The facts constituting the basis for any Soil Conservation Act payment, any payment under the wheat, feed grain, upland cotton, extra long staple cotton, and rice programs authorized by the Agricultural Act of 1949 and this Act, any loan, or price support operation, or the amount thereof, when officially determined in conformity with the applicable regulations prescribed by the Secretary or by the Commodity Credit Corporation, shall be final and conclusive and shall not be reviewable by any other officer or agency of the Government.] As used in this section, the term 'payment' means any payment under the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590a et seq.), any payment under the wheat, feed grain, upland cotton, extra long staple cotton, and rice programs authorized by the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) and this Act, or any loan or price support operation, or the amount of the payment, loan, or price support. In case any person who is entitled to [any such payment] a payment ***.

SEC. 215. CONFORMING AMENDMENTS

Sec. 412 of the Agricultural Act of 1949 (7 U.S.C. 1429)

Determinations made by the Secretary under this Act shall be final and conclusive: Provided, That the scope and nature of such determinations shall not be inconsistent with the provisions of the Commodity Credit Corporation Charter Act [(15 U.S.C. 714 et seq.)].

SEC. 215. CONFORMING AMENDMENTS

Sec. 426 of the Agricultural Act of 1949 (7 U.S.C. 1433e) The entire section 426 is repealed.

SEC. 215. CONFORMING AMENDMENTS

Sec. 333B of the Consolidated Farm and Rural Development Act (7

U.S.C. 1983b)

[(a) The Secretary shall provide an applicant for or borrower of a loan, or an applicant for or recipient of a loan guarantee, under

this title who has been directly and adversely affected by a decision of the Secretary made under this title (hereafter in this section referred to as the "appellant") with written notice of the decision, an opportunity for an informal meeting, and an opportunity for a hearing with respect to such decision, in accordance with regulations issued by the Secretary consistent with this section.

[(b)(1) Not later than 10 days after such adverse decision, the Secretary shall provide the appellant with written notice of the decision, an opportunity for an informal meeting, an opportunity for a hearing, and the procedure to appeal such decision (including any deadlines for filing appeals).

[(2) Upon the request of the appellant and in order to provide an opportunity to resolve differences and minimize formal appeals, the Secretary shall hold an informal meeting with the appellant prior to the initiation of any formal appeal of the decision of the Secretary.

[(c)(1) An appellant shall have the right to have

(A) access to the personal file of the appellant maintained by the Secretary, including a reasonable opportunity to inspect and reproduce the file at an office of the Farmers Home Administration located in the area of the appellant; and

[(B) representation by an attorney or nonattorney during the inspection and reproduction of files under subparagraph (A) and at any informal meeting or hearing.

[(2) The Secretary may charge an appellant for any reasonable costs incurred in reproducing files under paragraph (1)(A).

[(d) The Secretary shall establish and maintain within the Farmers Home Administration a national appeals division, which_shall consist of a director, hearing officers, and such other personnel necessary to the administration of the division, all of whom shall be employees of the Farmers Home Administration who shall have no duties other than hearing and determining formal appeals arising under this section.

[(e)(1) Hearing officers within the appeals division in a State shall hear and determine all formal appeals of decisions which are subject to this section and are made by county supervisors, county committees, district directors, State directors, or other employees of the Secretary working in the State. Such hearings shall be held in the State of residence of the appellant. The decisions of hearing officers shall, on the request and election of the borrower, be reviewed by the State director of the State of residence of the appellant or shall be referred directly to the director of the national appeals division. If the borrower elects review by the State director, the decisions of the State director shall, on request of the borrower, be subject to further review by the director of the national appeals division.

[(2) Each hearing before a hearing officer in the appeals division shall be recorded verbatim by voice recorder, stenographer, or other method, and a transcript of the hearing, together with all documents and evidence submitted, shall be made available to the appellant, on request, if the decision of the hearing officer is appealed. The record of the hearing shall consist of copies of all documents and other evidence presented to the hearing officer and the transcript of the hearing.

[(3) If a decision of a hearing officer is appealed, the hearing officer shall certify the record and deliver or otherwise provide the certified record to the director of the national appeals division and the Secretary. The national appeals division shall base its review of the hearing on the transcript of the hearing and the evidence presented to the hearing officer.

[(4) Except as provided in paragraph (3) and in the regulations of the Secretary governing the right of the Secretary to seek review of appeal decisions under this title, a county committee or employee of the Farmers Home Administration shall, on having a case returned pursuant to the decision of a hearing officer, State director, or the director of the national appeals division, implement the decision within a reasonable period of time.

[(f) All hearing officers within the national appeals division shall report to the principal officers of the division, and shall not be under the direction or control of, or receive administrative support (except on a reimbursable basis) from, offices other than the national appeals division.

[(g) The Secretary shall ensure that the national appeals division has resources and personnel adequate to hear and determine all initial appeals in the State of residence of the appellant on a timely basis, and that hearing officers receive training and retraining adequate for their duties on initial employment and at regular intervals thereafter. The Secretary may expend sums available in the Farmers Home Administration's various revolving insurance funds for the purposes of this subsection in the event that necessary appropriations sufficient to fund the division are not available.]

SEC. 215. CONFORMING AMENDMENTS

Sec. 508(f) of the Federal Crop Insurance Act (7 U.S.C. 1508(f) (f) CLAIMS FOR LOSSES.-The Corporation may adjust and pay claims for losses as provided under subsection (a) under rules prescribed by the Board. The rules prescribed by the Board shall establish standards to ensure that all claims for losses are adjusted to the extent practicable in a uniform and timely manner. In the event that any claim for indemnity under the provisions of this title is denied by the Corporation, an action on such claim may be brought against the Corporation in the United States district court for the district in which the insured farm is located: Provided, That no suit on such claim may be allowed under this section unless it shall have been brought within one year after the date when notice of denial of the claim is mailed to and received by the claimant or within 1 year after the claimant receives a final determination notice from an administrative appeal made in accordance with title II of the Department of Agriculture Reorganization Act of 1994, whichever is later.

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SEC. 301. UNDER SECRETARY FOR FARM AND INTERNATIONAL TRADE

SERVICES

5 U.S.C. 5314-Positions at level III

Level III of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title:

Under Secretary of Agriculture for Farm and International Trade Services.

SEC. 301. UNDER SECRETARY FOR FARM AND INTERNATIONAL TRADE SERVICES

Sec. 501 of the Agricultural Trade Act of 1978 (7 U.S.C. 5691)

[There is hereby established in the Department of Agriculture the position of Under Secretary of Agriculture for International Affairs and Commodity Programs to be appointed by the President, by and with the advice and consent of the Senate. The Under Secretary of Agriculture for International Affairs and Commodity Programs is authorized to exercise such functions and perform such duties related to foreign agriculture and agricultural stabilization and conservation, and shall perform such other duties, as may be required by law or prescribed by the Secretary of Agriculture.]

SEC. 302. FARM SERVICE AGENCY

Section 505(a) of the Federal Crop Insurance Act (7 U.S.C. 1505(a)) (a) MANAGEMENT OF CORPORATION.-The management of the Corporation shall be vested in a Board of Directors (hereinafter called the "Board") subject to the general supervision of the Secretary of Agriculture. The Board shall consist of the manager of the Corporation, the Under Secretary or Assistant Secretary of of Agriculture responsible for the Federal crop insurance program, [the Under Secretary or Assistant Secretary of Agriculture responsible for the farm credit programs of the Department of Agriculture,] one additional Under or Assistant Secretary of Agriculture, as designated by the Secretary, one person experienced in the crop insurance business who is not otherwise employed by the Federal Government, and three active farmers who are otherwise employed by the Federal Government. The Board shall be appointed by, and hold office at the pleasure of the Secretary of Agriculture, who shall not, himself, be a member of the Board. The Secretary, in appointing the three active farmers who are not otherwise employed by the Federal Government, shall ensure that such members are policy holders and are from different geographic areas of the United States, in order that diverse agricultural interests in the United States are at all times represented on the Board.

SEC. 302 FARM SERVICE AGENCY

Section 507(d) of the Federal Crop Insurance Act (7 U.S.C. 1505(d))

(d) PERSONNEL.-The Secretary of Agriculture may allot to bureaus and offices of the Department of Agriculture or transfer to such other agencies of the State and Federal Governments as he may request to assist in carrying out this title any funds made available pursuant to the provisions of [section 516 of this Act, except that employees or agencies responsible for administering this Act in each county shall be selected and designated by the Corporation and shall be responsible directly to the Corporation without the intervention of any intermediate office or agency.] section 516.

SEC. 302. FARM SERVICE AGENCY

Section 331(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1981(a))

(a) In accordance with section 359, for purposes of this title, and for the administration of assets under the jurisdiction of the Secretary of Agriculture pursuant to the Farmers Home Administration Act of 1946, as amended, the Bankhead-Jones Farm Tenant Act, as amended, the Act of August 28, 1937, as amended, the Act of April 6, 1949, as amended, the Act of August 31, 1954, as amended, and the powers and duties of the Secretary under any other Act authorizing agricultural credit, the Secretary may assign and transfer such powers, duties, and [assets to the Farmers Home Administration, to be headed by an Administrator, appointed by the President, by and with the advice and consent of the Senate, without regard to the civil service laws or the Classification Act of 1949, as amended, who shall receive basic compensation as provided by law for that office, or may assign and transfer such powers, duties, and assets to the Rural Development Administration as provided by law for that office.] assets to such officers or administrative units of the Department of Agriculture as the Secretary may consider appropriate.

SEC. 303. STATE AND COUNTY COMMITTEES

Sec. 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b))

(b) CONSERVATION AND ENVIRONMENTAL ASSISTANCE.

(2) *

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(3) (4) * (5) * * * The Secretary is authorized, after consulatation with the State committee of the State in which the affected counties are located, to terminate, combine, and consolidate two or more county committees established under this section.

(6) *

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