Directs the Secretary of Agriculture (USDA) to review each notice issued by the Administrator of the Environmental Protection Agency (EPA) and published in the Federal Register relating to the preparation of any guidance, policy, memorandum, regulation, or statement of general applicability and future effect that may have a significant impact on a substantial number of agricultural entities.
Requires the Secretary, for each publication item determined to have a possible significant impact, to: (1) solicit from the EPA Administrator information to facilitate a review of the item, (2) produce an economic impact statement, (3) identify representatives of potentially affected agricultural entities to obtain advice and recommendations about the potential impacts of the item, and (4) convene a review panel that includes the Secretary to analyze the publication item.
Provides procedures for submission by the Secretary of comments to the Administrator for inclusion in the administrative record and for waiver of a panel's initiation.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1466 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1466
To establish a regulatory review process for rules that the
Administrator of the Environmental Protection Agency plans to propose,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2013
Mr. Kirk (for himself and Mr. Manchin) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To establish a regulatory review process for rules that the
Administrator of the Environmental Protection Agency plans to propose,
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. REGULATORY REVIEW BY THE SECRETARY OF AGRICULTURE.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Agricultural entity.--The term ``agricultural entity''
means an entity that is involved in or relates to agricultural
enterprise, including an enterprise that is engaged in the
business of--
(A) producing food and fiber;
(B) ranching and raising of livestock;
(C) aquaculture; and
(D) any other farming- and agriculture-related
activities.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Review of Regulatory Agenda.--The Secretary shall review each
notice issued by the Administrator and published in the Federal
Register relating to the preparation of any guidance, policy,
memorandum, regulation, or statement of general applicability and
future effect that may have a significant impact on a substantial
number of agricultural entities, including--
(1) any regulatory agenda published by the Administrator
under section 602 of title 5, United States Code;
(2) any regulation plan or agenda published by the
Administrator or the Director of the Office of Management and
Budget pursuant to an Executive order, including Executive
Order 12866 (5 U.S.C. 601 note; relating to regulatory planning
and review); and
(3) any other publication issued by the Administrator or
the Director of the Office of Management and Budget that may
reasonably be foreseen to contain a notice of a plan by the
Administrator to prepare any guidance, policy, memorandum,
regulation, or statement of general applicability and future
effect that may have a significant impact on a substantial
number of agricultural entities.
(c) Information Gathering.--For a publication item reviewed under
subsection (b) that the Secretary determines may have a significant
impact on a substantial number of agricultural entities, the Secretary
shall--
(1) solicit from the Administrator any information the
Administrator may provide to facilitate a review of the
publication item;
(2) acting through the Chief Economist of the Department of
Agriculture, produce an economic impact statement for the
publication item that contains a detailed estimate of potential
costs to agricultural entities;
(3) identify individuals representative of potentially
affected agricultural entities for the purpose of obtaining
advice and recommendations from those individuals about the
potential impacts of the publication item; and
(4) convene a review panel for analysis of the publication
item that includes the Secretary, any full-time Federal
employee of the Department of Agriculture appointed to the
panel by the Secretary, and any employee of the Environmental
Protection Agency or the Office of Information and Regulatory
Affairs of the Office of Management and Budget that accepts an
invitation from the Secretary to participate in the panel.
(d) Duties of the Review Panel.--A review panel convened for a
publication item under subsection (c)(4) shall--
(1) review any information or material obtained by the
Secretary and prepared in connection with the publication item,
including any draft proposed guidance, policy, memorandum,
regulation, or statement of general applicability and future
effect;
(2) collect advice and recommendations from agricultural
entity representatives identified by the Administrator after
consultation with the Secretary;
(3) compile and analyze the advice and recommendations; and
(4) make recommendations to the Secretary based on the
information gathered by the review panel or provided by
agricultural entity representatives.
(e) Comments.--
(1) In general.--Not later than 60 days after the date on
which the Secretary convenes a review panel under subsection
(c)(4), the Secretary shall submit to the Administrator
comments on the planned or proposed guidance, policy,
memorandum, regulation, or statement of general applicability
and future effect for consideration and inclusion in any
related administrative record, including--
(A) a report by the Secretary on the concerns of
agricultural entities;
(B) the findings of the review panel;
(C) the findings of the Secretary, including any
adopted findings of the review panel; and
(D) recommendations of the Secretary.
(2) Publication.--The Secretary shall publish the comments
under paragraph (1) in the Federal Register and make the
comments available to the public on the public Internet site of
the Department of Agriculture.
(f) Waivers.--The Secretary may waive initiation of the review
panel under subsection (c)(4) as the Secretary determines appropriate.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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