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GAO-09-891R 1 (2009-07-21)

handle is hein.gao/gaobadwxp0001 and id is 1 raw text is: 


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TM    WAccountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-318411


          July 21, 2009

          The Honorable Tom Harkin
          Chairman
          The Honorable Saxby Chambliss
          Ranking Minority Member
          Committee on Agriculture, Nutrition, and Forestry
          United States Senate

          The Honorable Collin C. Peterson
          Chairman
          The Honorable Frank D. Lucas
          Ranking Minority Member
          Committee on Agriculture
          House of Representatives

          Subject: Department of Agriculture, Commodity Credit Corporation: Sugar 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), Commodity
          Credit Corporation (CCC), entitled Sugar Program (RIN: 0560-AH86). It was
          published in the Federal Register as a final rule on April 6, 2009. 74 Fed. Reg. 15,359.
          It was received by the Senate on April 9, 2009, and by the House of Representatives
          on April 24, 2009. 155 Cong. Rec. S4441 (April 20, 2009); 155 Cong. Rec. H5166
          (May 5, 2009). As of July 20, 2009, we have not received the rule.

          The final rule implements provisions of the Food, Conservation, and Energy Act of
          2008 (2008 Farm Bill) administering the sugar loan and sugar marketing allotment
          program through 2012. The 2008 Farm Bill generally extends the existing sugar
          program with some changes, including new loan rates for raw cane sugar and beet
          sugar, new provisions to guarantee domestic suppliers an 85 percent market share,
          and revised procedures for granting new allocations for new entrants. As noted by
          CCC, all of the changes made by this final rule are required by the 2008 Farm Bill, for
          which USDA has little or no discretion in when and how to implement.

          The final rule has an effective date of April 6, 2009, the same date as its publication
          in the Federal Register The Congressional Review Act (Act) requires major rules to
          have a 60-day delay in their effective date following their publication in the Federal
          Registeror receipt by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A).
          However, the Act exempts any rule that an agency for good cause finds that notice


GAO-09-891R

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