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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 318 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 318

      To rescind funds made available to the Administrator of the 
  Environmental Protection Agency if the Administrator fails to meet 
                           certain deadlines.

_______________________________________________________________________

                   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.

    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 ``Environmental Protection Agency 
Accountability Act of 2013''.

SEC. 2. DEFINITION OF ADMINISTRATOR.

    In this Act, the term ``Administrator'' means the Administrator of 
the Environmental Protection Agency.

SEC. 3. INTERIM ASSESSMENT OF REGULATORY REQUIREMENTS AND APPLICABLE 
              PENALTIES.

    (a) 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.
    (b) Requirements.--The Administrator shall satisfy--
            (1) 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);
            (2) section 602 of title 5, United States Code;
            (3) section 8 of Executive Order 13132 (5 U.S.C. 601 note) 
        (relating to federalism); and
            (4) section 202(a) of the Unfunded Mandates Reform Act of 
        1995 (2 U.S.C. 1532(a)).
    (c) Financial Penalty Provisions.--
            (1) 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.
            (2) Limitations.--
                    (A) 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.
                    (B) 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.
            (3) 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--
                    (A) conduct an audit to assess compliance with the 
                requirements of this paragraph; and
                    (B) 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.
            (4) 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.
                                 <all>
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