I 
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 com-
plete notice and comment rulemaking to implement rec-
ommendations approved by the National Organic Stand-
ards Board, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Continuous Improve-
ment and Accountability in Organic Standards Act’’. 
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SEC. 2. PUBLICATION OF ALL NATIONAL ORGANIC STAND-
ARDS 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 recommenda-
tions approved by the National Organic Standards 
Board (in this Act referred to as the ‘‘NOSB’’) by 
a decisive vote and submitted to the Secretary pur-
suant 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 De-
cember 31, 2000, and ending on the date of the en-
actment 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 en-
actment of this Act; and 
(2) seeks comments from the public for a 90- 
day period beginning on the date on which notice re-
quired under this subsection is published in the Fed-
eral Register that address the order of priority in 
which the recommendations identified under para-
graph (1) are to be implemented through notice and 
comment rulemaking or through agency guidance. 
(b) IMPLEMENTATION.— 
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(1) IN GENERAL.—Not later than 90 days after 
the date on which the notice required under sub-
section (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 rec-
ommendations identified and set forth in sub-
section (a)(1). 
(2) INTERIM RULES.—The Secretary may con-
sider issuing any interim final rule that sets forth a 
plan for implementation of any recommendation that 
has not been ranked under paragraph (1) or group-
ing related recommendations as one rule. 
(3) CRITERIA FOR PRIORITIZATION RANKING.— 
In determining the order of priority for implementa-
tion 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 recommenda-
tion resolves any inconsistency in the regula-
tions contained in part 205 of title 7, Code of 
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Federal Regulations that are in effect as of the 
date of the enactment of this Act, including ex-
isting 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 pub-
lished 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 im-
plementation of the recommendations identified and 
set forth in subsection (a)(1) is published under sub-
section (b)(1), the Secretary shall submit to the 
Committee on Agriculture of the House of Rep-
resentatives and the Committee on Agriculture, Nu-
trition, and Forestry of the Senate and make avail-
able on the website of the Department of Agri-
culture, a report containing the information de-
scribed in subsection (b)(1), and a plan to imple-
ment the recommendations based on such order of 
priority. 
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(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 rec-
ommendation 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 sub-
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mitted to the Secretary after the date of the enactment 
of this Act— 
(1) in the form of a notice of proposed rule-
making in the Federal Register not later than 120 
days after the date on which the recommendation re-
ceives an affirmative vote; and 
(2) in the form of a final rule for public com-
ment in the Federal Register not later than 180 
days after the date on which the public comment pe-
riod 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 deter-
mine 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 de-
termination is set forth in the notice; and 
(2) not later than 120 days after the date of 
completion of the comment period required by sec-
tion 2(a)(2), the Secretary has submitted to the 
Committee on Agriculture of the House of Rep-
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resentatives and the Committee on Agriculture, Nu-
trition, and Forestry of the Senate a report detailing 
the Secretary’s reasons for designating such rule-
making as inactive or determining not to publish a 
final rule. 
(d) ANNUAL AUDIT OF CERTIFYING AGENTS.— 
(1) CERTIFYING AGENTS.—Not less than annu-
ally, 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 ini-
tiate compliance with any new requirement estab-
lished by the Secretary to carry out the national or-
ganic 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 com-
pleted, the Secretary shall submit to Congress a re-
port on the annual audit of certifying agents and the 
implementation by such agents of any new require-
ment. 
SEC. 4. DEFINITIONS. 
In this Act: 
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(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 Na-
tional Organic Standards Board at which a quorum 
is present. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
Æ 
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