441 G St. N.W.

Washington, DC 20548

B-336184

April 12, 2024

The Honorable Debbie Stabenow

Chairwoman

The Honorable John Boozman

Ranking Member 

Committee on Agriculture, Nutrition, and Forestry

United States Senate

The Honorable Glenn Thompson

Chairman

The Honorable David Scott

Ranking Member

Committee on Agriculture

House of Representatives

Subject: U.S. Department of Agriculture, Agricultural Marketing Service: Local Food for Schools 

Cooperative Agreement Program; Request for Applications

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major 

rule promulgated by the U.S. Department of Agriculture, Agricultural Marketing Service (AMS) 

entitled “Local Food for Schools Cooperative Agreement Program; Request for Applications” 

(USDA-AMS-10185-CPLFS000-22-0001). We received the rule on January 31, 2024. On 

February 7, 2024, AMS stated that this request for applications (RFA) will not be published in 

the Federal Register but was published on the Grants.gov website in 2022. Email from 

Legislative & Regulatory Review Officer, AMS, to Senior Staff Attorney, GAO, Subject: RE: 

CRA Submission: SC, MDD, Walnuts Grown in California; Decreased Assessment 

Rate – AMS-SC-23-0030; Final Rule (Feb. 7, 2024). The application due date was August 31, 

2022.

In the final rule, AMS requests applications from state governments for the Local Food for 

Schools (LFS) Program. According to AMS, the goal of the RFA is to establish cooperative 

agreements with state governments for the purposes of purchasing domestic, locally grown 

foods from local producers, small businesses, and socially disadvantaged farmers/producers for 

distribution to schools. AMS states that it will make only one award per state government, that 

agencies within a state must coordinate if more than one agency wishes to implement a 

program, and that state governments can also partner with local organizations. AMS further 

states that up to $200 million is available through the RFA from funds authorized under 

section 5(c) of the Commodity Credit Corporation Charter Act, 15 U.S.C. §§ 714 et seq. 

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major 

rule from the date of publication in the Federal Register or receipt of the rule by Congress, 

whichever is later. 5 U.S.C. § 801(a)(3)(A). As referenced above, AMS has stated that it will 

not publish the RFA in the Federal Register. At the time of writing, the Congressional Record
Page 2 B-336184

does not yet reflect receipt by either the House or the Senate, but AMS provided documentation 

showing that the final rule was delivered to the House and Senate on April 5, 2024. Email from 

Director, Legislative & Regulatory Review Staff, AMS, to Senior Attorney, GAO, Subject: FW: 

Question re: CRA Submission: Local Food for Schools Cooperative Agreement Program; 

Request for Applications (USDA-AMS-10185-CPLFS000-22-0001) (Apr. 10, 2024). The rule 

includes a stated due date of August 31, 2022. Therefore, the final rule does not have the 

required 60-day delay in its effective date.

Enclosed is our assessment of AMS’s compliance with the procedural steps required by 

section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions 

about this report or wish to contact GAO officials responsible for the evaluation work relating to 

the subject matter of the rule, please contact Shari Brewster, Assistant General Counsel, at 

(202) 512-6398.

Shirley A. Jones

Managing Associate General Counsel

Enclosure

cc: Erin Morris

Associate Administrator

Agricultural Marketing Service

U.S. Department of Agriculture
Page 3 B-336184

ENCLOSURE

REPORT UNDER 5 U.S.C. § 801(a)(2)(A) ON A MAJOR RULE

ISSUED BY THE

U.S. DEPARTMENT OF AGRICULTURE,

AGRICULTURAL MARKETING SERVICE

ENTITLED

“LOCAL FOOD FOR SCHOOLS COOPERATIVE AGREEMENT PROGRAM;

REQUEST FOR APPLICATIONS”

(USDA-AMS-10185-CPLFS000-22-0001)

(i) Cost-benefit analysis

The U.S. Department of Agriculture, Agricultural Marketing Service (AMS) did not provide a 

cost-benefit analysis in the rule. In its submission to us, AMS indicated that the requirement to 

prepare an analysis of costs and benefits is not applicable to the rule.

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

and 609

AMS did not discuss the Act in the rule. It its submission to us, AMS indicated that the Act is not 

applicable to the rule.

(iii) Agency actions relevant to sections 202–205 of the Unfunded Mandates Reform Act of 

1995, 2 U.S.C. §§ 1532–1535

AMS did not discuss the Act in the rule. It its submission to us, AMS indicated that the Act is not 

applicable to the rule.

(iv) Agency actions relevant to the Administrative Pay-As-You-Go-Act of 2023, Pub. L. 

No. 118-5, div. B, title III, 137 Stat 31 (June 3, 2023)

Section 270 of the Administrative Pay-As-You-Go-Act of 2023 amended 5 U.S.C. § 801(a)(2)(A) 

to require GAO to assess agency compliance with the Act, which establishes requirements for 

administrative actions that affect direct spending, in GAO’s major rule reports. In guidance to 

Executive Branch agencies, issued on September 1, 2023, the Office of Management and 

Budget (OMB) instructed that agencies should include a statement explaining that either: “the 

Act does not apply to this rule because it does not increase direct spending; the Act does not 

apply to this rule because it meets one of the Act’s exemptions (and specifying the relevant 

exemption); the OMB Director granted a waiver of the Act’s requirements pursuant to 

section 265(a)(1) or (2) of the Act; or the agency has submitted a notice or written opinion to the 

OMB Director as required by section 263(a) or (b) of the Act” in their submissions of rules to 

GAO under the Congressional Review Act. OMB, Memorandum for the Heads of Executive 

Departments and Agencies, Subject: Guidance for Implementation of the Administrative 

Pay-As-You-Go Act of 2023, M-23-21 (Sept. 1, 2023), at 11–12. OMB also states that 

directives in the memorandum that supplement the requirements in the Act do not apply to 

proposed rules that have already been submitted to the Office of Information and Regulatory 

Affairs, however agencies must comply with any applicable requirements of the Act before 

finalizing such rules. 
Page 4 B-336184

AMS did not discuss the Act in the rule or in its submission to us.

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

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

AMS did not discuss the Act in the rule. In its submission to us, AMS indicated generally that 

statutes and executive orders concerning the rulemaking process are not applicable to the rule.

Paperwork Reduction Act (PRA), 44 U.S.C. §§ 3501–3520

AMS stated that the rule contains information collection requirements covered under OMB 

Control Number 0581-0334. AMS estimated that the time required to complete this information 

collection is 4 hours per response, including the time for reviewing instructions, searching 

existing data sources, gathering and maintaining the data needed, and completing and 

reviewing the collection of information. 

Statutory authorization for the rule

AMS promulgated the rule pursuant to section 714c of title 15, United States Code.

Executive Order No. 12866 (Regulatory Planning and Review)

AMS did not discuss the Order in the rule. It its submission to us, AMS indicated that the Order 

is not applicable to the rule.

Executive Order No. 13132 (Federalism)

AMS did not discuss the Order in the rule. It its submission to us, AMS indicated that the Order 

is not applicable to the rule.