U.S. Department of Agriculture, Commodity Credit Corporation: Supplemental Disaster Assistance Programs, Marketing Assistance Loans, and Sugar Provisions

B-338627

August 7, 2026

The Honorable John Boozman
Chairman
The Honorable Amy Klobuchar
Ranking Member
Committee on Agriculture, Nutrition, and Forestry
United States Senate

The Honorable Glenn Thompson
Chairman
The Honorable Angie Craig
Ranking Member
Committee on Agriculture House of Representatives

Subject: U.S. Department of Agriculture, Commodity Credit Corporation: Supplemental Disaster Assistance Programs, Marketing Assistance Loans, and Sugar Provisions

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, Commodity Credit Corporation (CCC) entitled “Supplemental Disaster Assistance Programs, Marketing Assistance Loans, and Sugar Provisions” (RIN: 0560-AI84). We received the rule on July 28, 2026. It was published in the Federal Register on July 9, 2026. 91 Fed. Reg. 42313. The effective date of the rule is July 9, 2026.

According to CCC, this rule revises the regulations of the Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program, the Livestock Forage Disaster Program, the Livestock Indemnity Program, the Tree Assistance Program, the Marketing Assistance Loan and Loan Deficiency Payments Programs, and the Sugar Program to conform with provisions of the One Big Beautiful Bill Act (OBBBA).

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). The 60-day delay in effective date does not apply, however, if the agency finds for good cause that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest, and the agency incorporates the finding and a brief statement of its reasons in the rule. 5 U.S.C. § 808(2). CCC noted that 7 U.S.C. § 9091(c)(3) directs the Secretary of Agriculture to use the authority provided by CRA at 5 U.S.C. § 808(2), which allows an agency to make such regulations effective immediately with good cause. 91 Fed. Reg. at 42322. CCC determined that such good cause exists, reasoning that under the Administrative Procedure Act exception at 7 U.S.C. § 9091(c)(2)(B) and under 5 U.S.C. § 553(a)(2), such notice and public procedure are unnecessary for this rule. Id. Further, CCC determined that notice and public procedure are contrary to the public interest since the rule implements mandatory requirements of OBBBA, and the assistance provided by this rule is necessary to help beneficiaries sustain their normal business operations. Id.

Enclosed is our assessment of CCC'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 me at (202) 512-8156.

Shirley A. Jones
Managing Associate General Counsel

Enclosure

cc: William Beam
Executive Vice President
Commodity Credit Corporation

ENCLOSURE

REPORT UNDER 5 U.S.C. § 801(a)(2)(A) ON A MAJOR RULE
ISSUED BY THE
U.S. DEPARTMENT OF AGRICULTURE,
COMMODITY CREDIT CORPORATION
ENTITLED
“SUPPLEMENTAL DISASTER ASSISTANCE PROGRAMS, MARKETING ASSISTANCE
LOANS, AND SUGAR PROVISIONS”
(RIN: 0560-AI84)

(i) Cost-benefit analysis

The U.S. Department of Agriculture, Commodity Credit Corporation (CCC) prepared an analysis of the costs and benefits of this rule. 91 Fed. Reg. 42313, 42322 (July 9, 2026). CCC estimated the total cost of the rule to be $927 million annually. Id. For supplemental disaster assistance, CCC noted that the largest increase in projected outlays is due to the Livestock Forage Disaster Program change. Id. Additionally, CCC noted that the major driver increasing Marketing Assistance Loans and Loan Deficiency Payments is the One Big Beautiful Bill Act increase in market assistance loan rates. Id.

(ii) Agency actions relevant to the Regulatory Flexibility Act (RFA), 5 U.S.C. §§ 603–605, 607, and 609

CCC stated that this rule is exempt from the requirements of the Act because it involves matters relating to benefits. 91 Fed. Reg. at 42322.

(iii) Agency actions relevant to sections 202–205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. §§ 1532–1535

According to CCC, this rule contains no federal mandates, as defined by the Act, for state, local, and Tribal governments, or the private sector. 91 Fed. Reg. at 42323.

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

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

CCC stated that the Act's notice-and-comment and delayed effective date requirements do not apply when a rule involves specified actions, including matters relating to benefits or contracts. 91 Fed. Reg. at 42322. CCC determined that this rule falls within the benefits exemption since it governs payments to agricultural producers. Id.

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

According to CCC, as specified in 7 U.S.C. § 9091(c)(2), the regulations to implement the programs affected by this rule are exempt from the Act. 91 Fed. Reg. at 42322.

Statutory authorization for the rule

CCC promulgated this rule pursuant to section 714b–714c of title 15 and sections 1359aa–1359jj, 1508b, 7231–7237, 7272, 7911–7912, 7916, 7931–7936, 8110, 8702, 8711–8712, 8751–8752, 9011–9018, 9031–9040, 9051–9060, 9071, and 9081 of title 7, United States Code.

Executive Order No. 12866 (Regulatory Planning and Review)

CCC stated that this rule is economically significant under the Order and was reviewed by the Office of Management and Budget. 91 Fed. Reg. at 42322.

Executive Order No. 13132 (Federalism)

CCC indicated in its submission to us that it did not discuss the Order in this rule.