Sec. 4. National appeals division reform
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Section 277(c)(4) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6997(c)(4) ) is amended— by striking The appellant and inserting the following: Except as provided in subparagraph (B), the appellant ; and by adding at the end the following: In the case of an appellant described in clause (ii), the agency shall bear the burden of proving by substantial evidence that the adverse decision of the agency was not erroneous. An appellant referred to in clause
(i)is an appellant— the adjusted gross income of which for the previous year is not more than $300,000; or the average annual adjusted gross income of which for the previous 5-year period is not more than $300,000. . Section 280 of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7000 ) is amended— by redesignating subsection
(b)as subsection (c); and by inserting after subsection
(a)the following: In implementing a final determination in accordance with subsection (a), the head of an agency shall use the information used by the Division to make the final determination, without requiring additional information, except as otherwise provided in the decision letter relating to the final determination. .
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