National appeals division reform

(a) Burden of proof Section 277(c)(4) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6997(c)(4)) is amended— (1) by striking The appellant and inserting the following: (A) In general Except as provided in subparagraph (B), the appellant; and (2) by adding at the end the following: (B) Appellants below income threshold (i) In general 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. (ii) Appellants described An appellant referred to in clause (i) is an appellant— (I) the adjusted gross income of which for the previous year is not more than $300,000; or (II) the average annual adjusted gross income of which for the previous 5-year period is not more than $300,000.. (b) Implementation Section 280 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7000) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Requirement 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 on which implementation would be conditioned, except as otherwise provided in the decision letter relating to the final determination..