II
113th CONGRESS
1st Session
S. 318
IN THE SENATE OF THE UNITED STATES
February 13, 2013
Mr. Johanns introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
A BILL
To rescind funds made available to the Administrator of the Environmental Protection Agency if the Administrator fails to meet certain deadlines.
Short title
This Act may be cited as the
Environmental Protection Agency
Accountability Act of 2013
.
Definition of Administrator
In this Act, the term Administrator means the Administrator of the Environmental Protection Agency.
Interim assessment of regulatory requirements and applicable penalties
In general
Not later than 30 days after the date of enactment of this Act, the Administrator shall ensure that the requirements described in subsection (b) are satisfied.
Requirements
The Administrator shall satisfy—
section 4 of Executive Order 12866 (5 U.S.C. 601 note) (relating to regulatory planning and review) and Executive Order 13563 (5 U.S.C. 601 note) (relating to improving regulation and regulatory review) (or any successor Executive order establishing requirements applicable to the uniform reporting of regulatory and deregulatory agendas);
section 602 of title 5, United States Code;
section 8 of Executive Order 13132 (5 U.S.C. 601 note) (relating to federalism); and
section 202(a) of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532(a)).
Financial penalty provisions
In general
Subject to paragraph (2), if the Comptroller General of the United States determines that the Administrator fails to satisfy any requirement described in subsection (b), an amount of funding equal to $20,000 per week shall be rescinded from the Office of the Administrator, and once each week thereafter until all the requirements are satisfied.
Limitations
1 day grace period
Paragraph (1) shall not apply if each requirement listed in subsection (b) is satisfied not later than 1 day after the deadline for the requirement.
Maximum amount of rescinded funds
No rescission of funds under paragraph (1) shall exceed, in any fiscal year, an amount equal to 7 percent of the funds made available to the Office of the Administrator.
Audits
In any fiscal year in which any funds are rescinded from the Administrator pursuant to this Act, the Inspector General of the Environmental Protection Agency shall—
conduct an audit to assess compliance with the requirements of this paragraph; and
not later than 120 days after the end of the fiscal year during which any funds are rescinded under paragraph (1), submit to the Committee on Environment and Public Works of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report describing the reasons why the funds were rescinded, including allocations of resources.
Effect of paragraph
Nothing in this paragraph affects or limits the application of, or obligation to comply with, any Federal, State, local, or tribal law.