[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2918 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 2918

To require the Secretary of Agriculture to initiate and complete notice 
  and comment rulemaking to implement recommendations approved by the 
       National Organic Standards Board, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 30, 2021

 Mr. DeFazio (for himself, Mr. Rodney Davis of Illinois, Mr. Kind, Mr. 
Newhouse, Ms. Pingree, and Mr. Panetta) introduced the following bill; 
           which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Agriculture to initiate and complete notice 
  and comment rulemaking to implement recommendations approved by the 
       National Organic Standards Board, 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 ``Continuous Improvement and 
Accountability in Organic Standards Act''.

SEC. 2. PUBLICATION OF ALL NATIONAL ORGANIC STANDARDS BOARD 
              RECOMMENDATIONS.

    (a) Notice and Public Comment.--Not later than 90 days after the 
date of the enactment of this Act, the Secretary shall publish a notice 
in the Federal Register that--
            (1) identifies and sets forth the recommendations approved 
        by the National Organic Standards Board (in this Act referred 
        to as the ``NOSB'') by a decisive vote and submitted to the 
        Secretary pursuant to subsections (i)(1) and (k)(1) of section 
        2119 of the Organic Foods Production Act of 1990 (7 U.S.C. 
        6518), during the period beginning on December 31, 2000, and 
        ending on the date of the enactment of this Act, that have not 
        been implemented by a final rule or any other agency action, 
        including published agency guidance, as of the date of the 
        enactment of this Act; and
            (2) seeks comments from the public for a 90-day period 
        beginning on the date on which notice required under this 
        subsection is published in the Federal Register that address 
        the order of priority in which the recommendations identified 
        under paragraph (1) are to be implemented through notice and 
        comment rulemaking or through agency guidance.
    (b) Implementation.--
            (1) In general.--Not later than 90 days after the date on 
        which the notice required under subsection (a) is published in 
        the Federal Register, the Secretary shall publish an additional 
        notice in the Federal Register that--
                    (A) summarizes the comments received under 
                subsection (a)(2); and
                    (B) contains a determination of the order of 
                priority for implementation of the recommendations 
                identified and set forth in subsection (a)(1).
            (2) Interim rules.--The Secretary may consider issuing any 
        interim final rule that sets forth a plan for implementation of 
        any recommendation that has not been ranked under paragraph (1) 
        or grouping related recommendations as one rule.
            (3) Criteria for prioritization ranking.--In determining 
        the order of priority for implementation of each recommendation 
        under paragraph (1), the Secretary shall consider--
                    (A) recommendations that advance human health and 
                environmental protection;
                    (B) the extent to which the recommendation resolves 
                any inconsistency in the regulations contained in part 
                205 of title 7, Code of Federal Regulations that are in 
                effect as of the date of the enactment of this Act, 
                including existing agency guidance;
                    (C) the marketplace needs of producers, handlers, 
                certifiers, and consumers;
                    (D) whether the recommendation was the result of a 
                unanimous vote by the NOSB; and
                    (E) any previous action by the Secretary, including 
                a proposed rule that has been published but not 
                finalized, or a proposed rule that has been drafted but 
                not published.
    (c) Organic Improvement Action Plan.--
            (1) In general.--Not later than 120 days after the date on 
        which the order of priority for implementation of the 
        recommendations identified and set forth in subsection (a)(1) 
        is published under subsection (b)(1), the Secretary shall 
        submit to the Committee on Agriculture of the House of 
        Representatives and the Committee on Agriculture, Nutrition, 
        and Forestry of the Senate and make available on the website of 
        the Department of Agriculture, a report containing the 
        information described in subsection (b)(1), and a plan to 
        implement the recommendations based on such order of priority.
            (2) Contents of the organic improvement action plan.--The 
        plan required under paragraph (1) shall include a timeline for 
        publication in the Federal Register of such recommendation in 
        the order of priority for implementation determined under 
        subsection (b).
            (3) Practicability of final rule.--If the Secretary 
        determines that it is not practicable to promulgate a final 
        rule based on any such recommendation then the Secretary shall 
        identify the specific constraints precluding the issuance of 
        such final rule and shall submit such restraints to the 
        committees identified in paragraph (1).
    (d) Adoption of a Final Rule.--Not later than the date on which the 
report required by subsection (c)(1) is submitted, the Secretary shall 
publish and implement a final rule to implement each recommendation 
identified and set forth in the notice required under subsection (a)(1) 
in the order of priority determined under subsection (b)(1)(B).

SEC. 3. FUTURE NATIONAL ORGANIC STANDARDS BOARD RECOMMENDATIONS.

    (a) In General.--The Secretary shall publish each recommendation 
supported by a decisive vote and submitted to the Secretary after the 
date of the enactment of this Act--
            (1) in the form of a notice of proposed rulemaking in the 
        Federal Register not later than 120 days after the date on 
        which the recommendation receives an affirmative vote; and
            (2) in the form of a final rule for public comment in the 
        Federal Register not later than 180 days after the date on 
        which the public comment period expires under section 2(a)(2).
    (b) Future Rulemaking.--In all future rulemaking and published 
agency guidance, the Secretary shall include information on how the 
action relates to recommendations provided by the NOSB.
    (c) Inactive Final Rulemaking.--The Secretary may designate any 
final rulemaking as inactive or determine not to publish a final rule 
based on an analysis of comments received in response to the notice of 
proposed rulemaking issued under subsection (a) if--
            (1) the reason for such designation or such determination 
        is set forth in the notice; and
            (2) not later than 120 days after the date of completion of 
        the comment period required by section 2(a)(2), the Secretary 
        has submitted to the Committee on Agriculture of the House of 
        Representatives and the Committee on Agriculture, Nutrition, 
        and Forestry of the Senate a report detailing the Secretary's 
        reasons for designating such rulemaking as inactive or 
        determining not to publish a final rule.
    (d) Annual Audit of Certifying Agents.--
            (1) Certifying agents.--Not less than annually, the 
        Secretary shall require each certifying agent to submit a 
        report to the Secretary describing any action taken by such 
        agent to implement any new rule or agency guidance, as well as 
        any step taken to notify every client of the certifying agent, 
        and initiate compliance with any new requirement established by 
        the Secretary to carry out the national organic program under 
        the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et 
        seq.).
            (2) Report.--Not later than 180 days after the date on 
        which the audit in paragraph (1) is completed, the Secretary 
        shall submit to Congress a report on the annual audit of 
        certifying agents and the implementation by such agents of any 
        new requirement.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Certifying agent.--The term ``certifying agent'' has 
        the meaning given that term in section 2103 of the Organic 
        Foods Production Act of 1990 (7 U.S.C. 6502).
            (2) Decisive vote.--The term ``decisive vote'' means, with 
        respect to a vote taken by the National Organic Standards Board 
        established under section 2110 of the Organic Foods Production 
        Act of 1990 (7 U.S.C. 6518), any motion that receives at least 
        two-thirds of the votes cast at a meeting of the National 
        Organic Standards Board at which a quorum is present.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
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