[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2691 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2691

     To amend the Federal Crop Insurance Reform and Department of 
Agriculture Reorganization Act of 1994 to provide enhanced agricultural 
        input into Federal rulemakings, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 4, 2008

   Mr. Bond introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
     To amend the Federal Crop Insurance Reform and Department of 
Agriculture Reorganization Act of 1994 to provide enhanced agricultural 
        input into Federal rulemakings, 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. SHORT TITLE.

    This Act may be cited as the ``Farmer Red Tape Reduction Act of 
2008''.

SEC. 2. AGRICULTURAL REGULATORY FLEXIBILITY.

    The Federal Crop Insurance Reform and Department of Agriculture 
Reorganization Act of 1994 (7 U.S.C. 6901 et seq.) is amended by adding 
at the end the following:

            ``TITLE IV--AGRICULTURAL REGULATORY FLEXIBILITY

``SEC. 401. DEFINITIONS.

    ``In this title:
            ``(1) Agency.--The term `agency' has the meaning given the 
        term in section 551 of title 5, United States Code.
            ``(2) Agricultural entity.--The term `agricultural entity' 
        means any person or entity that has income derived from--
                    ``(A) farming, ranching, or forestry operations;
                    ``(B) the production of crops, livestock, or 
                unfinished raw forestry products;
                    ``(C) the sale (including the sale of easements and 
                development rights) of farm, ranch, or forest products, 
                including water or hunting rights;
                    ``(D) the sale of equipment to conduct farming, 
                ranching, or forestry operations;
                    ``(E) the rental or lease of land used for farming, 
                ranching, or forestry operations, including water or 
                hunting rights;
                    ``(F) the provision of production inputs or 
                services to farmers, ranchers, or foresters;
                    ``(G) the processing (including packing), storing 
                (including shedding), or transporting of farm, ranch, 
                or forestry products; or
                    ``(H) the sale of land used for agriculture.
            ``(3) Chief counsel for advocacy.--The term `Chief Counsel 
        for Advocacy' means the Chief Counsel for Advocacy of the 
        Office of Advocacy of the Department of Agriculture appointed 
        under section 413(b).
            ``(4) Collection of information.--
                    ``(A) In general.--The term `collection of 
                information' means obtaining, causing to be obtained, 
                soliciting, or requiring the disclosure to third 
                parties or the public, of facts or opinions by or for 
                an agency, regardless of form or format, calling for--
                            ``(i) answers to identical questions posed 
                        to, or identical reporting or recordkeeping 
                        requirements imposed on, 10 or more persons, 
                        other than agencies, instrumentalities, or 
                        employees of the United States; or
                            ``(ii) answers to questions posed to 
                        agencies, instrumentalities, or employees of 
                        the United States that are to be used for 
                        general statistical purposes.
                    ``(B) Exclusion.--The term `collection of 
                information' does not include collection of information 
                described in section 3518(c)(1) of title 44, United 
                States Code.
            ``(5) Recordkeeping requirement.--The term `recordkeeping 
        requirement' means a requirement imposed by an agency on 
        persons to maintain specified records.
            ``(6) Rule.--
                    ``(A) In general.--The term `rule' means any rule 
                for which an agency publishes a general notice of 
                proposed rulemaking pursuant to section 553(b) of title 
                5, United States Code, or any other law.
                    ``(B) Inclusion.--The term `rule' includes any rule 
                of general applicability governing Federal grants to 
                State and local governments for which an agency 
                provides an opportunity for notice and public comment.
                    ``(C) Exclusions.--The term `rule' does not include 
                a rule of particular applicability relating to--
                            ``(i) rates, wages, corporate or financial 
                        structures or reorganizations of the 
                        structures, prices, facilities, appliances, 
                        services, or allowances; or
                            ``(ii) valuations, costs, accounting, or 
                        practices relating to those rates, wages, 
                        structures, prices, facilities, appliances, 
                        services, or allowances.

``SEC. 402. AGRICULTURAL REGULATORY FLEXIBILITY AGENDA.

    ``(a) In General.--During the months of October and April of each 
year, each agency shall publish in the Federal Register an agricultural 
regulatory flexibility agenda that shall contain--
            ``(1) a brief description of the subject area of any rule 
        that the agency expects to propose or promulgate that is likely 
        to have a significant economic impact on a substantial number 
        of agricultural entities;
            ``(2) a summary of--
                    ``(A) the nature of the rule under consideration 
                for each subject area listed in the agenda under 
                paragraph (1);
                    ``(B) the objectives and legal basis for the 
                issuance of the rule; and
                    ``(C) an approximate schedule for completing action 
                on any rule for which the agency has issued a general 
                notice of proposed rulemaking; and
            ``(3) the name and telephone number of an agency official 
        who is knowledgeable concerning the rule described in paragraph 
        (1).
    ``(b) Notice and Comment by Chief Counsel for Advocacy.--Each 
agency shall transmit the agricultural regulatory flexibility agenda of 
the agency to the Chief Counsel for Advocacy for any comment.
    ``(c) Notice and Comment by Agricultural Entities.--Each agency 
shall, to the maximum extent practicable--
            ``(1) provide notice of each agricultural regulatory 
        flexibility agenda to agricultural entities or the 
        representatives of agricultural entities through direct 
        notification or publication of the agenda in publications 
        likely to be obtained by the agricultural entities; and
            ``(2) invite comments on each subject area on the agenda.
    ``(d) Administration.--Nothing in this section--
            ``(1) precludes an agency from considering or acting on any 
        matter not included in an agricultural regulatory flexibility 
        agenda; or
            ``(2) requires an agency to consider or act on any matter 
        listed in the agenda.

``SEC. 403. INITIAL AGRICULTURAL REGULATORY FLEXIBILITY ANALYSIS.

    ``(a) In General.--If an agency is required by section 553 of title 
5, United States Code, or any other law, to publish general notice of 
proposed rulemaking for any proposed rule, or publishes a notice of 
proposed rulemaking for an interpretative rule involving the internal 
revenue laws of the United States, the agency shall prepare and make 
available for public comment an initial agricultural regulatory 
flexibility analysis of the proposed rule that describes the impact of 
the proposed rule on agricultural entities.
    ``(b) Publication.--The agency shall publish the initial 
agricultural regulatory flexibility analysis or a summary of the 
analysis in the Federal Register at the time of the publication of 
general notice of proposed rulemaking for the rule.
    ``(c) Notice and Comment by Chief Counsel for Advocacy.--The agency 
shall transmit a copy of the initial agricultural regulatory 
flexibility analysis to the Chief Counsel for Advocacy for any comment.
    ``(d) Interpretative Rules.--In the case of an interpretative rule 
that involves the internal revenue laws of the United States, this 
title applies to interpretative rules published in the Federal Register 
for codification in the Code of Federal Regulations only to the extent 
that the interpretative rule impose on agricultural entities a 
collection of information requirement.
    ``(e) Contents.--Each initial agricultural regulatory flexibility 
analysis of an agency for a proposed rule required under this section 
shall contain--
            ``(1) a description of the reasons why action by the agency 
        is being considered;
            ``(2) a succinct statement of the objectives of, and legal 
        basis for, the proposed rule;
            ``(3) a description of and, if feasible, an estimate of the 
        number of agricultural entities to which the proposed rule will 
        apply;
            ``(4) a description of the projected reporting, 
        recordkeeping, and other compliance requirements of the 
        proposed rule, including an estimate of the classes of 
        agricultural entities that will be subject to the requirement 
        and the type of professional skills necessary for preparation 
        of the report or record; and
            ``(5) an identification, to the maximum extent practicable, 
        of all relevant Federal rules that may duplicate, overlap, or 
        conflict with the proposed rule.
    ``(f) Alternatives.--
            ``(1) In general.--Each initial agricultural regulatory 
        flexibility analysis of an agency for a proposed rule shall 
        contain a description of any significant alternatives to the 
        proposed rule that--
                    ``(A) accomplish the purposes of the applicable 
                law; and
                    ``(B) minimize any significant economic impact of 
                the proposed rule on agricultural entities.
            ``(2) Types of alternatives.--Consistent with the purposes 
        of the applicable law, the analysis shall discuss significant 
        alternatives such as--
                    ``(A) the establishment of differing compliance or 
                reporting requirements or timetables that take into 
                account the resources available to agricultural 
                entities;
                    ``(B) the clarification, consolidation, or 
                simplification of compliance and reporting requirements 
                under the rule for agricultural entities;
                    ``(C) the use of performance rather than design 
                standards; and
                    ``(D) an exemption from coverage of the rule, or 
                any part of the rule, for agricultural entities.

``SEC. 404. FINAL AGRICULTURAL REGULATORY FLEXIBILITY ANALYSIS.

    ``(a) In General.--If an agency promulgates a final rule under 
section 553 of title 5, United States Code, after being required by 
that section or any other law to publish a general notice of proposed 
rulemaking, or promulgates a final interpretative rule involving the 
internal revenue laws of the United States as described in section 
403(a), the agency shall prepare a final agricultural regulatory 
flexibility analysis of the final rule that describes the impact of the 
final rule on agricultural entities.
    ``(b) Contents.--Each final agricultural regulatory flexibility 
analysis of an agency for a final rule required under this section 
shall contain--
            ``(1) a succinct statement of the need for, and objectives 
        of, the rule;
            ``(2)(A) a summary of the significant issues raised by the 
        public comments in response to the initial agricultural 
        regulatory flexibility analysis;
            ``(B) a summary of the assessment of the agency of the 
        issues; and
            ``(C) a statement of any changes made in the proposed rule 
        as a result of the comments;
            ``(3) a description of and an estimate of the number of 
        agricultural entities to which the rule will apply or an 
        explanation of why no such estimate is available;
            ``(4) a description of the projected reporting, 
        recordkeeping, and other compliance requirements of the rule, 
        including an estimate of the classes of agricultural entities 
        that will be subject to the requirements and the type of 
        professional skills necessary for preparation of the report or 
        record; and
            ``(5) a description of the steps the agency has taken to 
        minimize the significant economic impact on agricultural 
        entities consistent with the purposes of applicable law, 
        including a statement of--
                    ``(A) the factual, policy, and legal reasons for 
                selecting the alternative adopted in the final rule; 
                and
                    ``(B) why each 1 of the other significant 
                alternatives to the rule considered by the agency that 
                affect the impact on agricultural entities was 
                rejected.
    ``(c) Public Availability.--The agency shall--
            ``(1) make copies of the final agricultural regulatory 
        flexibility analysis available to members of the public; and
            ``(2) publish in the Federal Register the analysis or a 
        summary of the analysis.

``SEC. 405. AVOIDANCE OF DUPLICATIVE OR UNNECESSARY ANALYSIS.

    ``(a) Other Agenda or Analysis.--An agency may perform the analyses 
required by section 402, 403, or 404 in conjunction with or as a part 
of any other agenda or analysis required by any other law if the other 
analysis meets the requirements of that section.
    ``(b) No Significant Economic Impact on Agricultural Entities.--
            ``(1) In general.--Sections 403 and 404 shall not apply to 
        a proposed or final rule of an agency if the head of the agency 
        certifies that the rule will not, if promulgated, have a 
        significant economic impact on a substantial number of 
        agricultural entities.
            ``(2) Publication of certification.--If the head of the 
        agency makes a certification under subsection (a), at the time 
        of publication of general notice of proposed rulemaking for the 
        rule or at the time of publication of the final rule, the 
        agency shall publish in the Federal Register the certification 
        and a statement providing the factual basis for the 
        certification.
            ``(3) Notice and comment by chief counsel for advocacy.--
        The agency shall provide the certification and statement to the 
        Chief Counsel for Advocacy for comment.
    ``(c) Closely Related Rules.--In order to avoid duplicative action, 
an agency may consider a series of closely related rules as 1 rule for 
the purposes of sections 402, 403, 404, and 410.

``SEC. 406. EFFECT ON OTHER LAW.

    ``The requirements of sections 403 and 404 do not alter any 
standards otherwise applicable by law to agency action.

``SEC. 407. PREPARATION OF ANALYSES.

    ``In complying with sections 403 and 404, an agency may provide--
            ``(1) a quantifiable or numerical description of the 
        effects of a proposed rule or alternatives to the proposed 
        rule; or
            ``(2) more general descriptive statements, if 
        quantification is not practicable or reliable.

``SEC. 408. WAIVER OR DELAY OF COMPLETION.

    ``(a) Initial Agricultural Regulatory Flexibility Analysis.--An 
agency head may waive or delay the completion of all or part of the 
requirements of section 403 for a proposed rule by publishing in the 
Federal Register, not later than the date of publication of the 
proposed rule, a written finding, with a statements of the reasons for 
the finding, that the final rule is being promulgated in response to an 
emergency that makes compliance or timely compliance with section 403 
impracticable.
    ``(b) Final Agricultural Regulatory Flexibility Analysis.--
            ``(1) In general.--Except as provided in section 405(b), an 
        agency head may not waive the requirements of section 404 for a 
        final rule.
            ``(2) Delayed completion.--An agency head may delay the 
        date for complying with section 404 for a final rule for a 
        period of not more than 180 days after the date of publication 
        in the Federal Register of the final rule by publishing in the 
        Federal Register, not later than the date of publication of the 
        final rule, a written finding, with a statement of the reasons 
        for the finding, that the final rule is being promulgated in 
        response to an emergency that makes timely compliance with 
        section 104 impracticable.
            ``(3) Effect of noncompliance.--If the agency has not 
        prepared a final agricultural regulatory analysis for a final 
        rule pursuant to section 404 within 180 days after the date of 
        publication of the final rule--
                    ``(A) the rule shall lapse and have no effect; and
                    ``(B) the rule shall not be repromulgated until a 
                final regulatory flexibility analysis has been 
                completed by the agency.

``SEC. 409. COMMENTS.

    ``(a) Definition of Covered Agency.--In this section, the term 
`covered agency' means--
            ``(1) the Environmental Protection Agency; and
            ``(2) the Department of the Interior.
    ``(b) In General.--If a rule is promulgated that will have a 
significant economic impact on a substantial number of agricultural 
entities, the head of the agency promulgating the rule or the official 
of the agency with statutory responsibility for the promulgation of the 
rule shall ensure that agricultural entities are given an opportunity 
to participate in the rulemaking for the rule through the use of 
techniques such as--
            ``(1) the inclusion in an advanced notice of proposed 
        rulemaking, if issued, of a statement that the proposed rule 
        may have a significant economic effect on a substantial number 
        of agricultural entities;
            ``(2) the publication of general notice of proposed 
        rulemaking in publications likely to be obtained by 
        agricultural entities;
            ``(3) the direct notification of interested agricultural 
        entities;
            ``(4) the conduct of open conferences or public hearings 
        concerning the rule for agricultural entities, including 
        soliciting and receiving comments over computer networks; and
            ``(5) the adoption or modification of agency procedural 
        rules to reduce the cost or complexity of participation in the 
        rulemaking by agricultural entities.
    ``(c) Requirements for Covered Agencies.--Prior to publication of 
an initial agricultural regulatory flexibility analysis for a proposed 
rule that a covered agency is required to conduct under this title--
            ``(1) the covered agency shall--
                    ``(A) notify the Chief Counsel for Advocacy of the 
                proposed rule; and
                    ``(B) provide the Chief Counsel for Advocacy with 
                information on the potential impact of the proposed 
                rule on agricultural entities;
            ``(2) not later than 15 days after the date of receipt of 
        the materials described in paragraph (1), the Chief Counsel for 
        Advocacy shall identify individuals representative of affected 
        agricultural entities for the purpose of obtaining advice and 
        recommendations from those individuals on the potential impact 
        of the proposed rule;
            ``(3) the covered agency shall convene a review panel for 
        the proposed rule consisting of--
                    ``(A) full-time Federal employees of the office 
                within the covered agency responsible for carrying out 
                the proposed rule;
                    ``(B) the Office of Information and Regulatory 
                Affairs of the Office of Management and Budget; and
                    ``(C) the Chief Counsel for Advocacy;
            ``(4) the panel convened under paragraph (3) for the 
        proposed rule of a covered agency shall--
                    ``(A) review any material the covered agency has 
                prepared in connection with the proposed rule, 
                including any draft proposed rule;
                    ``(B) collect advice and recommendations of each 
                individual agricultural entity representative 
                identified by the covered agency, after consultation 
                with the Chief Counsel for Advocacy, on issues related 
                to paragraphs (3), (4), and (5) of subsection (b), and 
                subsection (c), of section 403(e); and
                    ``(C) not later than 60 days after the date the 
                panel is convened, submit to the covered agency a 
                report on--
                            ``(i) the comments of the agricultural 
                        entity representatives; and
                            ``(ii) the findings of the panel on issues 
                        related to paragraphs (3), (4), and (5) of 
                        subsection (b), and subsection (c), of section 
                        403(e); and
            ``(5) the covered agency shall--
                    ``(A) make the report provided under paragraph 
                (4)(C) public as part of the rulemaking record; and
                    ``(B) if appropriate, modify--
                            ``(i) the proposed rule;
                            ``(ii) the initial agricultural flexibility 
                        analysis; or
                            ``(iii) the decision on whether an initial 
                        flexibility analysis is required.
    ``(d) No Significant Economic Impact on Agricultural Entities.--A 
covered agency may apply subsection (c) to rules that the covered 
agency--
            ``(1) intends to certify under subsection 405(b); but
            ``(2) believes may have a greater than de minimis impact on 
        a substantial number of agricultural entities.
    ``(e) Waivers.--
            ``(1) In general.--The Chief Counsel for Advocacy, in 
        consultation with the individuals described in subsection 
        (c)(2) and the Administrator of the Office of Information and 
        Regulatory Affairs of the Office of Management and Budget, may 
        waive the requirements of paragraphs (3), (4), and (5) of 
        subsection (c) by including in the rulemaking record a written 
        finding, with a statement of the reasons for the finding, that 
        those requirements would not advance the effective 
        participation of agricultural entities in the rulemaking 
        process.
            ``(2) Factors.--In making a determination on a proposed 
        rule of a covered agency under this subsection, the Chief 
        Counsel for Advocacy shall consider--
                    ``(A) in developing the proposed rule, the extent 
                to which the covered agency--
                            ``(i) consulted with individuals 
                        representative of affected agricultural 
                        entities with respect to the potential impact 
                        of the proposed rule; and
                            ``(ii) took those concerns into 
                        consideration;
                    ``(B) special circumstances requiring prompt 
                issuance of the rule; and
                    ``(C) whether the requirements of subsection (c) 
                would provide the individuals described in subsection 
                (b)(2) with a competitive advantage relative to other 
                agricultural entities.

``SEC. 410. PERIODIC REVIEW OF RULES.

    ``(a) Plan for Periodic Review of Rules.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this title, each agency shall publish in the 
        Federal Register a plan for the periodic review of the rules 
        issued by the agency that have or will have a significant 
        economic impact on a substantial number of agricultural 
        entities.
            ``(2) Amendments.--The agency may amend the plan by 
        publishing the amendment in the Federal Register.
            ``(3) Purpose of review.--The purpose of the review shall 
        be to determine whether the rules should be continued without 
        change, or should be amended or rescinded, consistent with the 
        purposes of applicable law, to minimize any significant 
        economic impact of the rules on a substantial number of 
        agricultural entities.
            ``(4) Timetable.--Subject to paragraph (5), the plan shall 
        provide for--
                    ``(A) the review of all such agency rules existing 
                on the date of enactment of this title not later than 
                10 years after that date of enactment; and
                    ``(B) the review of each rule adopted after the 
                date of enactment of this title not later than 10 years 
                after the date of the publication of the rule as the 
                final rule.
            ``(5) Extension.--If the head of the agency determines that 
        completion of the review of existing rules is not feasible by 
        the date required under paragraph (4), the head of the agency--
                    ``(A) shall certify the determination in a 
                statement published in the Federal Register; and
                    ``(B) may extend the completion date by 1 year at a 
                time for a total of not more than 5 years.
    ``(b) Factors for Minimizing Impact.--In reviewing rules to 
minimize any significant economic impact of a rule on a substantial 
number of agricultural entities in a manner consistent with the 
purposes of applicable law, the agency shall consider--
            ``(1) the continued need for the rule;
            ``(2) the nature of complaints or comments received 
        concerning the rule from the public;
            ``(3) the complexity of the rule;
            ``(4) the extent to which the rule overlaps, duplicates, or 
        conflicts with other Federal rules, and, to the maximum extent 
        feasible, with State and local governmental rules; and
            ``(5) the length of time since the rule has been evaluated 
        or the degree to which technology, economic conditions, or 
        other factors have changed in the area affected by the rule.
    ``(c) Publication of List of Rules.--
            ``(1) In general.--Each year, each agency shall publish in 
        the Federal Register a list of the rules that have a 
        significant economic impact on a substantial number of 
        agricultural entities, which are to be reviewed pursuant to 
        this section during the succeeding 1-year period.
            ``(2) Content.--The list shall include a brief description 
        of each rule and the need for and legal basis of the rule.
            ``(3) Public comments.--The agency shall invite public 
        comment on the rule.

``SEC. 411. JUDICIAL REVIEW.

    ``(a) In General.--In the case of any rule subject to this title, 
an agricultural entity that is adversely affected or aggrieved by final 
agency action may seek judicial review, of agency compliance with--
            ``(1) sections 404, 405(b), 408(b), and 410, in accordance 
        with chapter 7 of title 5, United States Code; and
            ``(2) sections 407 and 409(a), in connection with judicial 
        review of section 404.
    ``(b) Jurisdiction.--Each court having jurisdiction to review a 
rule for compliance with section 553, United States Code, or under any 
other provision of law, shall have jurisdiction to review any claim of 
noncompliance with--
            ``(1) section 404, 405(b), 108(b), and 110 in accordance 
        with chapter 7 of title 5, United States Code; and
            ``(2) sections 407 and 409(a), in connection with judicial 
        review of section 404.
    ``(c) Timing.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, an agricultural entity may seek review under this 
        section during--
                    ``(A) the 1-year period beginning on the date of 
                final agency action; or
                    ``(B) if a provision of law requires that an action 
                challenging a final agency action be commenced before 
                the expiration of that 1-year, during the period 
                established under the provision of law.
            ``(2) Final agricultural regulatory flexibility analysis.--
        If an agency delays the issuance of a final agricultural 
        flexibility analysis pursuant to section 408(b), an action for 
        judicial review under this section shall be filed not later 
        than--
                    ``(A) 1 year after the date the analysis is made 
                available to the public; or
                    ``(B) if a provision of law requires that an action 
                challenging a final agency regulation be commenced 
                before the expiration of the 1-year period, the number 
                of days specified in the provision of law that is after 
                the date the analysis is made available to the public.
    ``(d) Relief.--In granting any relief in an action under this 
section, the court shall order the agency to take corrective action 
consistent with this title and chapter 7 of title 5, United States 
Code, including--
            ``(1) remanding the rule to the agency; and
            ``(2) deferring the enforcement of the rule against 
        agricultural entities unless the court finds that continued 
        enforcement of the rule is in the public interest.
    ``(e) Effective Date of Rule.--Nothing in this subsection limits 
the authority of any court to stay the effective date of any rule or 
provision of any rule under any other provision of law or to grant any 
other relief in addition to the relief authorized under this section.
    ``(f) Agricultural Flexibility Analysis.--In an action for the 
judicial review of a rule, the agricultural flexibility analysis for 
the rule (including an analysis prepared or corrected pursuant to 
subsection (d)) shall constitute part of the entire record of agency 
action in connection with the review.
    ``(g) Sole Means of Review.--Compliance or noncompliance by an 
agency with this title shall be subject to judicial review only in 
accordance with this section.
    ``(h) Other Impact Statements.--Nothing in this section bars 
judicial review of any other impact statement or similar analysis 
required by any other law if judicial review of the statement or 
analysis is otherwise permitted by law.

``SEC. 412. REPORTS AND INTERVENTION RIGHTS.

    ``(a) Monitoring and Reporting.--The Chief Counsel for Advocacy 
shall--
            ``(1) monitor agency compliance with this title; and
            ``(2) report at least annually to the President and to the 
        Committee on Agriculture of the House of Representatives and 
        the Committee on Agriculture, Nutrition and Forestry of the 
        Senate on agency compliance with this title.
    ``(b) Intervention.--
            ``(1) In general.--The Chief Counsel for Advocacy may 
        appear as amicus curiae in any action brought in a court of the 
        United States to review a rule.
            ``(2) Views.--In any action described in paragraph (1), the 
        Chief Counsel for Advocacy may present the views of the Chief 
        Counsel for Advocacy with respect to--
                    ``(A) compliance with this title;
                    ``(B) the adequacy of the rulemaking record with 
                respect to agricultural entities; and
                    ``(C) the effect of the rule on agricultural 
                entities.
            ``(3) Granting of application.--A court of the United 
        States shall grant the application of the Chief Counsel for 
        Advocacy to appear in any action under this subsection for the 
        purposes described in paragraph (2).

``SEC. 413. OFFICE OF ADVOCACY OF THE DEPARTMENT OF AGRICULTURE.

    ``(a) Establishment.--There is established within the Department of 
Agriculture an Office of Advocacy of the Department of Agriculture.
    ``(b) Chief Counsel for Advocacy.--The management of the Office 
shall be vested in a Chief Counsel for Advocacy who shall be a private 
citizen appointed by the President, by and with the advice and consent 
of the Senate.
    ``(c) Primary Functions.--The primary functions of the Office of 
Advocacy shall be--
            ``(1)(A) to measure the direct costs and other effects of 
        government regulation on agricultural entities; and
            ``(B) to make legislative and nonlegislative proposals for 
        eliminating excessive or unnecessary regulations of 
        agricultural entities;
            ``(2)(A) to study the ability of financial markets and 
        institutions to meet agricultural entity credit needs; and
            ``(B) to determine the impact of government demands for 
        credit on agricultural entities;
            ``(3)(A) to recommend specific measures for creating an 
        environment in which all agricultural entities will have the 
        opportunity to compete effectively and expand to the full 
        potential of agricultural entities; and
            ``(B) to ascertain the common reasons, if any, for 
        agricultural entity successes and failures; and
            ``(4)(A) to evaluate the efforts of each department and 
        agency of the United States, and of private industry, to assist 
        agricultural entities owned and controlled by veterans, and 
        agricultural entities concerns owned and controlled by 
        serviced-disabled veterans;
            ``(B) to provide statistical information on the use of the 
        programs by the agricultural entities; and
            ``(C) to make appropriate recommendations to the Secretary 
        and to Congress in order to promote the establishment and 
        growth of those agricultural entities.
    ``(d) Additional Duties.--The Office of Advocacy shall--
            ``(1) serve as a focal point for the receipt of complaints, 
        criticisms, and suggestions concerning the policies and 
        activities of the President and any other Federal agency that 
        affects agricultural entities;
            ``(2) counsel agricultural entities on how to resolve 
        questions and problems concerning the relationship of the 
        agricultural entity to the Federal Government;
            ``(3) develop proposals for changes in the policies and 
        activities of any agency of the Federal Government that will 
        better fulfill the purposes of agricultural entities and 
        communicate the proposals to the appropriate Federal agencies;
            ``(4) represent the views and interests of agricultural 
        entities before other Federal agencies whose policies and 
        activities may affect agricultural entities; and
            ``(5) enlist the cooperation and assistance of public and 
        private agencies, businesses, and other organizations in 
        disseminating--
                    ``(A) information about the programs and services 
                provided by the Federal Government that are of benefit 
                to agricultural entities; and
                    ``(B) information on how agricultural entities can 
                participate in or make use of the programs and 
                services.''.
                                 <all>