IN THE SENATE OF THE UNITED STATES
February 13, 2013
Mr. Johannsintroduced the following bill; which was read twice and referred to theCommittee on Environment and Public Works
To rescind funds made available to the Administrator of the Environmental Protection Agency if the Administrator fails to meet certain deadlines.
This Act may be cited as the
Environmental Protection Agency
Accountability Act of 2013
Definition of Administrator
In this Act, the termAdministratormeans theAdministrator of the Environmental Protection Agency.
Interim assessment of regulatory requirements and applicable penalties
Not later than 30 days after the date of enactment of this Act, theAdministratorshall ensure that the requirements described insubsection (b)are satisfied.
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 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
Subject toparagraph (2), if theComptroller General of the United Statesdetermines that theAdministratorfails to satisfy any requirement described insubsection (b), an amount of funding equal to $20,000 per week shall be rescinded from theOffice of the Administrator, and once each week thereafter until all the requirements are satisfied.
1 day grace period
Paragraph (1)shall not apply if each requirement listed insubsection (b)is satisfied not later than 1 day after the deadline for the requirement.
Maximum amount of rescinded funds
No rescission of funds underparagraph (1)shall exceed, in any fiscal year, an amount equal to 7 percent of the funds made available to theOffice of the Administrator.
In any fiscal year in which any funds are rescinded from theAdministratorpursuant to this Act, theInspector General of the Environmental Protection Agencyshall—
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not later than 120 days after the end of the fiscal year during which any funds are rescinded underparagraph (1), submit to theCommittee on Environment and Public Works of the Senate, theCommittee on Transportation and Infrastructure of the House of Representatives, theCommittee on Appropriations of the Senate, and theCommittee on Appropriations of the House of Representativesa 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.