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B-332839 1 (2021-01-22)

handle is hein.gao/gaobaecki0001 and id is 1 raw text is: c A U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-332839 January 22, 2021 The Honorable Pat Roberts Chairman The Honorable Debbie Stabenow Ranking Member Committee on Agriculture, Nutrition, and Forestry United States Senate The Honorable David Scott Chairman The Honorable K. Michael Conaway Ranking Member Committee on Agriculture House of Representatives Subject: Department of Agriculture, Farm Service Agency: Agricultural Disaster Indemnity Programs 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), Farm Service Agency entitled Agricultural Disaster Indemnity Programs (RIN: 0560-A155). We received the rule on January 4, 2021. It was published in the Federal Register as a final rule on January 6, 2021. 86 Fed. Reg. 439. The stated effective date of the rule is January 6, 2021. USDA states this final rule establishes the Quality Loss Adjustment Program to provide assistance to producers who suffered eligible crop quality losses due to hurricanes, excessive moisture, floods, drought, tornadoes, typhoons, volcanic activity, snowstorms, and wildfires occurring in calendar years 2018 and 2019. According to USDA, the rule also amends the provisions for the Wildfire and Hurricane Indemnity Program Plus (WHIP+) to be consistent with the Further Consolidated Appropriations Act, 2020, by adding excessive moisture and drought occurring in 2018 and 2019 as qualifying disaster events and clarifying eligibility of sugar beets. Pub. L. No. 116-94, 133 Stat. 2534 (Dec. 20, 2019). USDA states the changes to WHIP+ were self-enacting and were previously implemented by USDA. 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). USDA found good cause for the provisions of this rule to become effective immediately upon publication because it determined that the notice and public procedures are contrary to the public interest given the nature of the rule and the need to implement it expeditiously to provide assistance to agricultural producers.

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