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B-331557 1 (2019-11-12)

handle is hein.gao/gaobaeagl0001 and id is 1 raw text is: G A O U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-331557 November 12, 2019 The Honorable Pat Roberts Chairman The Honorable Debbie Stabenow Ranking Member Committee on Agriculture, Nutrition, and Forestry United States Senate The Honorable Collin C. Peterson Chairman The Honorable K. Michael Conaway Ranking Member Committee on Agriculture House of Representatives Subject: Department of Agriculture, Agricultural Marketing Service: Establishment of a Domestic Hemp Production Program Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Agriculture (USDA), Agricultural Marketing Service entitled Establishment of a Domestic Hemp Production Program (AMS-SC-19-0042; SC19-990-2 IR). We received the rule on October 31, 2019. It was published in the Federal Register as an interim final rule with request for comments on October 31, 2019. 84 Fed. Reg. 58522. The effective date of the rule is October 31, 2019, and is effective through November 1, 2021. The interim final rule establishes new regulations governing the production of hemp. According to USDA, this action is mandated by the Agriculture Improvement Act of 2018, which amended the Agricultural Marketing Act of 1946. Aug. 14, 1946, ch. 966, title II, 60 Stat. 1087. This rule outlines provisions for USDA to approve plans submitted by states and Indian tribes for the domestic production of hemp. It also establishes a federal plan for producers in states or territories of Indian tribes that do not have their own USDA-approved plan. The program includes provisions for maintaining information on the land where hemp is produced, testing the levels of delta-9 tetrahydrocannabinol, disposing of plants not meeting necessary requirements, licensing requirements, and ensuring compliance with the new compliance. The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). The 60-day delay in effective date can be waived, however, if the agency finds for good cause that delay is impracticable, unnecessary, or contrary to the public interest, and the agency incorporates a statement of the findings and its reasons in the rule issued. 5 U.S.C. §§ 553(b)(3)B), 808(2). Here, although USDA did not specifically mention the CRA's 60-day delay in effective date requirement, the agency found good cause to waive notice-and-comment procedures and incorporated a brief statement of

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