Department of Agriculture, Commodity Credit Corporation: Livestock Assistance Program

Published by the Government Accountability Office on 1999-04-16.

Below is a raw (and likely hideous) rendition of the original report. (PDF)

      United States

GAO   General Accounting Office
      Washington, D.C. 20548

      Office of the General Counsel


      April 16, 1999

      The Honorable Richard G. Lugar
      The Honorable Tom Harkin
      Ranking Minority Member
      Committee on Agriculture, Nutrition, and Forestry
      United States Senate

      The Honorable Larry Combest
      The Honorable Charles W. Stenholm
      Ranking Minority Member
      Committee on Agriculture
      House of Representatives

      Subject: Department of Agriculture, Commodity Credit Corporation: Livestock
               Assistance 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, Commodity Credit
      Corporation (CCC), entitled "Livestock Assistance Program" (RIN: 0560-AF59). We
      received the rule on April 2, 1999. It was published in the Federal Register as a final
      rule on March 19, 1999. 64 Fed. Reg. 13497.

      The final rule provides new terms and conditions for the Livestock Assistance
      Program (LAP) authorized in the Agriculture, Rural Development, Food and Drug
      Administration, and Related Agencies Appropriations Act of 1999 (1999 Act). In
      counties that have suffered a 40 percent or greater loss of normal grazing as a result
      of a natural disaster, the LAP will provide emergency feed assistance for losses
      suffered by livestock producers in calendar year 1998.

      Enclosed is our assessment of the CCC's compliance with the procedural steps
      required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our
      review indicates that the CCC complied with the applicable requirements.

If you have any questions about this report, please contact James Vickers, Assistant
General Counsel, at (202) 512-8210. The official responsible for GAO evaluation work
relating to the Department of Agriculture, Commodity Credit Corporation, is
Larry Dyckman, Director, Food and Agriculture Issues. Mr. Dyckman can be reached
at (202) 512-5138.

Sincerely yours,

Robert P. Murphy
General Counsel


cc: Mr. Keith Kelly
    Executive Vice President
    Commodity Credit Corporation
    Department of Agriculture

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        ANALYSIS UNDER 5 U.S.C. § 801(a)(1)(B)(i)-(iv) OF A MAJOR RULE
                                 ISSUED BY
                     DEPARTMENT OF AGRICULTURE,
                             (RIN: 0560-AF59)

(i) Cost-benefit analysis

There is no indication in the report from the CCC that a cost-benefit analysis was
performed. The 1999 Act limits expenditures of the program to $200 million.

(ii) Agency actions relevant to the Regulatory Flexibility Act, 5 U.S.C. §§ 603-605, 607,
and 609

Since the final rule was issued without the issuance of a notice of proposed
rulemaking, the provisions of the Regulatory Flexibility Act are not applicable.

(iii) Agency actions relevant to sections 202-205 of the Unfunded Mandates Reform
Act of 1995, 2 U.S.C. §§ 1532-1535

The final rule contains no federal mandates under the provisions of title II of the Act
for state, local, or tribal governments or the private sector.

(iv) Other relevant information or requirements under acts and executive orders

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Section 1133 of the 1999 Act (Pub. L. 105-277) provides that the final rule shall be
issued as soon as practicable and without regard to the notice and comment
provisions of 5 U.S.C. § 553.

In addition, section 1133 also provides that the CCC shall issue the final rule at such
time as it determines necessary, notwithstanding the provisions of the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA). Therefore, the final rule is
effective upon publication notwithstanding the requirements of SBREFA that the
effective date of a major rule be delayed for 60 days to permit congressional review.
5 U.S.C. § 801(a)(3).

Paperwork Reduction Act, 44 U.S.C. §§ 3501-3520

Section 1133 of the 1999 Act provides that the final rule be issued without regard to
the provisions of the Paperwork Reduction Act. Therefore, the forms and collection
of information do not require prior Office of Management and Budget approval.

Statutory authorization for the rule

The final rule is issued pursuant to the authority contained in Section 1103 of Public
Law 105-277, 112 Stat. 2681 and 15 U.S.C. §§ 714b and 714c.

Executive Order No. 12866

The final rule has been determined to be an "economically significant" regulatory
action and has been reviewed and approved by the Office of Management and Budget
as complying with the requirements of the Order.

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