113 HR 4 IH: Jobs for America Act U.S. House of Representatives 2014-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 2d Session H. R. 4 IN THE HOUSE OF REPRESENTATIVES September 15, 2014 Mr. Camp (for himself, Mr. Hastings of Washington, Mr. Issa, Mr. Goodlatte, and Mr. Hensarling) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on the Budget, Oversight and Government Reform, Rules, the Judiciary, Financial Services, Agriculture, Natural Resources, and Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To make revisions to Federal law to improve the conditions necessary for economic growth and job creation, and for other purposes.

1.

Short title

This Act may be cited as the Jobs for America Act.

2.

Table of contents

The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. PAYGO scorecard. Division I—Ways and Means Title I—Save American Workers Sec. 101. Short title. Sec. 102. Repeal of 30-hour threshold for classification as full-time employee for purposes of the employer mandate in the Patient Protection and Affordable Care Act and replacement with 40 hours. Title II—Hire More Heroes Sec. 201. Short title. Sec. 202. Employees with health coverage under TRICARE or the Veterans Administration may be exempted from employer mandate under Patient Protection and Affordable Care Act. Title III—American Research and Competitiveness Sec. 301. Short title. Sec. 302. Research credit simplified and made permanent. Sec. 303. PAYGO Scorecard. Title IV—America’s Small Business Tax Relief Sec. 401. Short title. Sec. 402. Expensing certain depreciable business assets for small business. Sec. 403. Budgetary effects. Title V—S Corporation Permanent Tax Relief Sec. 501. Short title. Sec. 502. Reduced recognition period for built-in gains of S corporations made permanent. Sec. 503. Permanent rule regarding basis adjustment to stock of S corporations making charitable contributions of property. Sec. 504. Budgetary effects. Title VI—Bonus depreciation modified and made permanent Sec. 601. Bonus depreciation modified and made permanent. Sec. 602. Budgetary effects. Title VII—Repeal of medical device excise tax Sec. 701. Repeal of medical device excise tax. Sec. 702. Budgetary effects. Division II—Financial Services Title I—Small Business Capital Access and Job Preservation Sec. 101. Short title. Sec. 102. Registration and reporting exemptions relating to private equity funds advisors. Title II—Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Sec. 201. Short title. Sec. 202. Registration exemption for merger and acquisition brokers. Sec. 203. Effective date. Division III—Oversight Subdivision A—Unfunded Mandates Information and Transparency Sec. 101. Short title. Sec. 102. Purpose. Sec. 103. Providing for Congressional Budget Office studies on policies involving changes in conditions of grant aid. Sec. 104. Clarifying the definition of direct costs to reflect Congressional Budget Office practice. Sec. 105. Expanding the scope of reporting requirements to include regulations imposed by independent regulatory agencies. Sec. 106. Amendments to replace Office of Management and Budget with Office of Information and Regulatory Affairs. Sec. 107. Applying substantive point of order to private sector mandates. Sec. 108. Regulatory process and principles. Sec. 109. Expanding the scope of statements to accompany significant regulatory actions. Sec. 110. Enhanced stakeholder consultation. Sec. 111. New authorities and responsibilities for Office of Information and Regulatory Affairs. Sec. 112. Retrospective analysis of existing Federal regulations. Sec. 113. Expansion of judicial review. Subdivision B—Achieving Less Excess in Regulation and Requiring Transparency Sec. 100. Short title; table of contents. Title I—All Economic Regulations are Transparent Act Sec. 101. Short title. Sec. 102. Office of Information and Regulatory Affairs publication of information relating to rules. Title II—Regulatory Accountability Act Sec. 201. Short title. Sec. 202. Definitions. Sec. 203. Rule making. Sec. 204. Agency guidance; procedures to issue major guidance; presidential authority to issue guidelines for issuance of guidance. Sec. 205. Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision. Sec. 206. Actions reviewable. Sec. 207. Scope of review. Sec. 208. Added definition. Sec. 209. Effective date. Title III—Regulatory Flexibility Improvements Act Sec. 301. Short title. Sec. 302. Clarification and expansion of rules covered by the Regulatory Flexibility Act. Sec. 303. Expansion of report of regulatory agenda. Sec. 304. Requirements providing for more detailed analyses. Sec. 305. Repeal of waiver and delay authority; additional powers of the Chief Counsel for Advocacy. Sec. 306. Procedures for gathering comments. Sec. 307. Periodic review of rules. Sec. 308. Judicial review of compliance with the requirements of the Regulatory Flexibility Act available after publication of the final rule. Sec. 309. Jurisdiction of court of appeals over rules implementing the Regulatory Flexibility Act. Sec. 310. Establishment and approval of small business concern size standards by Chief Counsel for Advocacy. Sec. 311. Clerical amendments. Sec. 312. Agency preparation of guides. Sec. 313. Comptroller General report. Title IV—Sunshine for Regulatory Decrees and Settlements Act Sec. 401. Short title. Sec. 402. Definitions. Sec. 403. Consent decree and settlement reform. Sec. 404. Motions to modify consent decrees. Sec. 405. Effective date. Division IV—Judiciary Title I—Regulations From the Executive in Need of Scrutiny Sec. 101. Short title. Sec. 102. Purpose. Sec. 103. Congressional review of agency rulemaking. Sec. 104. Budgetary effects of rules subject to section 802 of title 5, United States Code. Sec. 105. Government Accountability Office study of rules. Title II—Permanent Internet Tax Freedom Sec. 201. Short title. Sec. 202. Permanent moratorium on Internet access taxes and multiple and discriminatory taxes on electronic commerce. Division V—Natural Resources Subdivision A—Restoring Healthy Forests for Healthy Communities Sec. 100. Short title. Title I—Restoring the Commitment to Rural Counties and Schools Sec. 101. Purposes. Sec. 102. Definitions. Sec. 103. Establishment of Forest Reserve Revenue Areas and annual volume requirements. Sec. 104. Management of Forest Reserve Revenue Areas. Sec. 105. Distribution of forest reserve revenues. Sec. 106. Annual report. Title II—Healthy Forest Management and Catastrophic Wildfire Prevention Sec. 201. Purposes. Sec. 202. Definitions. Sec. 203. Hazardous fuel reduction projects and forest health projects in at-risk forests. Sec. 204. Environmental analysis. Sec. 205. State designation of high-risk areas of National Forest System and public lands. Sec. 206. Use of hazardous fuels reduction or forest health projects for high-risk areas. Sec. 207. Moratorium on use of prescribed fire in Mark Twain National Forest, Missouri, pending report. Title III—Oregon and California Railroad Grant Lands Trust, Conservation, and Jobs Sec. 301. Short title. Sec. 302. Definitions. Subtitle A—Trust, Conservation, and Jobs Chapter 1—Creation and Terms of O&C Trust Sec. 311. Creation of O&C Trust and designation of O&C Trust lands. Sec. 312. Legal effect of O&C Trust and judicial review. Sec. 313. Board of Trustees. Sec. 314. Management of O&C Trust lands. Sec. 315. Distribution of revenues from O&C Trust lands. Sec. 316. Land exchange authority. Sec. 317. Payments to the United States Treasury. Chapter 2—Transfer of Certain Lands to Forest Service Sec. 321. Transfer of certain Oregon and California Railroad Grant lands to Forest Service. Sec. 322. Management of transferred lands by Forest Service. Sec. 323. Management efficiencies and expedited land exchanges. Sec. 324. Review panel and old growth protection. Sec. 325. Uniqueness of old growth protection on Oregon and California Railroad Grant lands. Chapter 3—Transition Sec. 331. Transition period and operations. Sec. 332. O&C Trust management capitalization. Sec. 333. Existing Bureau of Land Management and Forest Service contracts. Sec. 334. Protection of valid existing rights and access to non-Federal land. Sec. 335. Repeal of superseded law relating to Oregon and California Railroad Grant lands. Subtitle B—Coos Bay Wagon Roads Sec. 341. Transfer of management authority over certain Coos Bay Wagon Road Grant lands to Coos County, Oregon. Sec. 342. Transfer of certain Coos Bay Wagon Road Grant lands to Forest Service. Sec. 343. Land exchange authority. Subtitle C—Oregon Treasures Chapter 1—Wilderness Areas Sec. 351. Designation of Devil's Staircase Wilderness. Sec. 352. Expansion of Wild Rogue Wilderness Area. Chapter 2—Wild and Scenic River Designated and Related Protections Sec. 361. Wild and scenic river designations, Molalla River. Sec. 362. Wild and Scenic Rivers Act technical corrections related to Chetco River. Sec. 363. Wild and scenic river designations, Wasson Creek and Franklin Creek. Sec. 364. Wild and scenic river designations, Rogue River area. Sec. 365. Additional protections for Rogue River tributaries. Chapter 3—Additional Protections Sec. 371. Limitations on land acquisition. Sec. 372. Overflights. Sec. 373. Buffer zones. Sec. 374. Prevention of wildfires. Sec. 375. Limitation on designation of certain lands in Oregon. Chapter 4—Effective Date Sec. 381. Effective date. Subtitle D—Tribal Trust Lands Part 1—Council Creek Land Conveyance Sec. 391. Definitions. Sec. 392. Conveyance. Sec. 393. Map and legal description. Sec. 394. Administration. Part 2—Oregon Coastal Land Conveyance Sec. 395. Definitions. Sec. 396. Conveyance. Sec. 397. Map and legal description. Sec. 398. Administration. Title IV—Community Forest Management Demonstration Sec. 401. Purpose and definitions. Sec. 402. Establishment of community forest demonstration areas. Sec. 403. Advisory committee. Sec. 404. Management of community forest demonstration areas. Sec. 405. Distribution of funds from community forest demonstration area. Sec. 406. Initial funding authority. Sec. 407. Payments to United States Treasury. Sec. 408. Termination of community forest demonstration area. Title V—Reauthorization and Amendment of Existing Authorities and Other Matters Sec. 501. Extension of Secure Rural Schools and Community Self-Determination Act of 2000 pending full operation of Forest Reserve Revenue Areas. Sec. 502. Restoring original calculation method for 25-percent payments. Sec. 503. Forest Service and Bureau of Land Management good-neighbor cooperation with States to reduce wildfire risks. Sec. 504. Treatment as supplemental funding. Sec. 505. Definition of fire suppression to include certain related activities. Sec. 506. Prohibition on certain actions regarding Forest Service roads and trails. Subdivision B—National Strategic and Critical Minerals Production Sec. 100. Short title. Sec. 100A. Findings. Sec. 100B. Definitions. Title I—Development of Domestic Sources of Strategic and Critical Minerals Sec. 101. Improving development of strategic and critical minerals. Sec. 102. Responsibilities of the lead agency. Sec. 103. Conservation of the resource. Sec. 104. Federal register process for mineral exploration and mining projects. Title II—Judicial review of agency actions relating to Exploration and Mine Permits Sec. 201. Definitions for title. Sec. 202. Timely filings. Sec. 203. Right to intervene. Sec. 204. Expedition in hearing and determining the action. Sec. 205. Limitation on prospective relief. Sec. 206. Limitation on attorneys’ fees. Title III—Miscellaneous Provisions Sec. 301. Secretarial order not affected.

3.

PAYGO scorecard

The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.

I

Ways and Means

II

Financial Services

III

Oversight

A

Unfunded Mandates Information and Transparency

101.

Short title

This subdivision may be cited as the Unfunded Mandates Information and Transparency Act of 2014.

102.

Purpose

The purpose of this title is— (1)to improve the quality of the deliberations of Congress with respect to proposed Federal mandates by— (A)providing Congress and the public with more complete information about the effects of such mandates; and (B)ensuring that Congress acts on such mandates only after focused deliberation on their effects; and (2)to enhance the ability of Congress and the public to identify Federal mandates that may impose undue harm on consumers, workers, employers, small businesses, and State, local, and tribal governments.

103.

Providing for Congressional Budget Office studies on policies involving changes in conditions of grant aid

Section 202(g) of the Congressional Budget Act of 1974 (2 U.S.C. 602(g)) is amended by adding at the end the following new paragraph: (3)

Additional studies

At the request of any Chairman or ranking member of the minority of a Committee of the Senate or the House of Representatives, the Director shall conduct an assessment comparing the authorized level of funding in a bill or resolution to the prospective costs of carrying out any changes to a condition of Federal assistance being imposed on State, local, or tribal governments participating in the Federal assistance program concerned or, in the case of a bill or joint resolution that authorizes such sums as are necessary, an assessment of an estimated level of funding compared to such costs..

104.

Clarifying the definition of direct costs to reflect Congressional Budget Office practice

Section 421(3) of the Congressional Budget Act of 1974 (2 U.S.C. 658(3)(A)(i)) is amended— (1)in subparagraph (A)(i), by inserting incur or before be required; and (2)in subparagraph (B), by inserting after to spend the following: or could forgo in profits, including costs passed on to consumers or other entities taking into account, to the extent practicable, behavioral changes,.

105.

Expanding the scope of reporting requirements to include regulations imposed by independent regulatory agencies

Paragraph (1) of section 421 of the Congressional Budget Act of 1974 (2 U.S.C. 658) is amended by striking , but does not include independent regulatory agencies and inserting , except it does not include the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.

106.

Amendments to replace Office of Management and Budget with Office of Information and Regulatory Affairs

The Unfunded Mandates Reform Act of 1995 (Public Law 104–4; 2 U.S.C. 1511 et seq.) is amended— (1)in section 103(c) (2 U.S.C. 1511(c))— (A)in the subsection heading, by striking Office of Management and Budget and inserting Office of Information and Regulatory Affairs; and (B)by striking Director of the Office of Management and Budget and inserting Administrator of the Office of Information and Regulatory Affairs; (2)in section 205(c) (2 U.S.C. 1535(c))— (A)in the subsection heading, by striking OMB; and (B)by striking Director of the Office of Management and Budget and inserting Administrator of the Office of Information and Regulatory Affairs; and (3)in section 206 (2 U.S.C. 1536), by striking Director of the Office of Management and Budget and inserting Administrator of the Office of Information and Regulatory Affairs.

107.

Applying substantive point of order to private sector mandates

Section 425(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 658d(a)(2)) is amended— (1)by striking Federal intergovernmental mandates and inserting Federal mandates; and (2)by inserting or 424(b)(1) after section 424(a)(1).

108.

Regulatory process and principles

Section 201 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531) is amended to read as follows:

201.

Regulatory process and principles

(a)

In general

Each agency shall, unless otherwise expressly prohibited by law, assess the effects of Federal regulatory actions on State, local, and tribal governments and the private sector (other than to the extent that such regulatory actions incorporate requirements specifically set forth in law) in accordance with the following principles: (1)Each agency shall identify the problem that it intends to address (including, if applicable, the failures of private markets or public institutions that warrant new agency action) as well as assess the significance of that problem. (2)Each agency shall examine whether existing regulations (or other law) have created, or contributed to, the problem that a new regulation is intended to correct and whether those regulations (or other law) should be modified to achieve the intended goal of regulation more effectively. (3)Each agency shall identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, such as user fees or marketable permits, or providing information upon which choices can be made by the public. (4)If an agency determines that a regulation is the best available method of achieving the regulatory objective, it shall design its regulations in the most cost-effective manner to achieve the regulatory objective. In doing so, each agency shall consider incentives for innovation, consistency, predictability, the costs of enforcement and compliance (to the government, regulated entities, and the public), flexibility, distributive impacts, and equity. (5)Each agency shall assess both the costs and the benefits of the intended regulation and, recognizing that some costs and benefits are difficult to quantify, propose or adopt a regulation, unless expressly prohibited by law, only upon a reasoned determination that the benefits of the intended regulation justify its costs. (6)Each agency shall base its decisions on the best reasonably obtainable scientific, technical, economic, and other information concerning the need for, and consequences of, the intended regulation. (7)Each agency shall identify and assess alternative forms of regulation and shall, to the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities must adopt. (8)Each agency shall avoid regulations that are inconsistent, incompatible, or duplicative with its other regulations or those of other Federal agencies. (9)Each agency shall tailor its regulations to minimize the costs of the cumulative impact of regulations. (10)Each agency shall draft its regulations to be simple and easy to understand, with the goal of minimizing the potential for uncertainty and litigation arising from such uncertainty. (b)

Regulatory action defined

In this section, the term regulatory action means any substantive action by an agency (normally published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final rule or regulation, including advance notices of proposed rulemaking and notices of proposed rulemaking.

.

109.

Expanding the scope of statements to accompany significant regulatory actions

(a)

In general

Subsection (a) of section 202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532) is amended to read as follows: (a)

In general

Unless otherwise expressly prohibited by law, before promulgating any general notice of proposed rulemaking or any final rule, or within six months after promulgating any final rule that was not preceded by a general notice of proposed rulemaking, if the proposed rulemaking or final rule includes a Federal mandate that may result in an annual effect on State, local, or tribal governments, or to the private sector, in the aggregate of $100,000,000 or more in any 1 year, the agency shall prepare a written statement containing the following: (1)The text of the draft proposed rulemaking or final rule, together with a reasonably detailed description of the need for the proposed rulemaking or final rule and an explanation of how the proposed rulemaking or final rule will meet that need. (2)An assessment of the potential costs and benefits of the proposed rulemaking or final rule, including an explanation of the manner in which the proposed rulemaking or final rule is consistent with a statutory requirement and avoids undue interference with State, local, and tribal governments in the exercise of their governmental functions. (3)A qualitative and quantitative assessment, including the underlying analysis, of benefits anticipated from the proposed rulemaking or final rule (such as the promotion of the efficient functioning of the economy and private markets, the enhancement of health and safety, the protection of the natural environment, and the elimination or reduction of discrimination or bias). (4)A qualitative and quantitative assessment, including the underlying analysis, of costs anticipated from the proposed rulemaking or final rule (such as the direct costs both to the Government in administering the final rule and to businesses and others in complying with the final rule, and any adverse effects on the efficient functioning of the economy, private markets (including productivity, employment, and international competitiveness), health, safety, and the natural environment). (5)Estimates by the agency, if and to the extent that the agency determines that accurate estimates are reasonably feasible, of— (A)the future compliance costs of the Federal mandate; and (B)any disproportionate budgetary effects of the Federal mandate upon any particular regions of the Nation or particular State, local, or tribal governments, urban or rural or other types of communities, or particular segments of the private sector. (6) (A)A detailed description of the extent of the agency’s prior consultation with the private sector and elected representatives (under section 204) of the affected State, local, and tribal governments. (B)A detailed summary of the comments and concerns that were presented by the private sector and State, local, or tribal governments either orally or in writing to the agency. (C)A detailed summary of the agency’s evaluation of those comments and concerns. (7)A detailed summary of how the agency complied with each of the regulatory principles described in section 201.. (b)

Requirement for detailed summary

Subsection (b) of section 202 of such Act is amended by inserting detailed before summary.

110.

Enhanced stakeholder consultation

Section 204 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1534) is amended— (1)in the section heading, by inserting and private sector before input; (2)in subsection (a)— (A)by inserting , and impacted parties within the private sector (including small business), after on their behalf); (B)by striking Federal intergovernmental mandates and inserting Federal mandates; and (3)by amending subsection (c) to read as follows: (c)

Guidelines

For appropriate implementation of subsections (a) and (b) consistent with applicable laws and regulations, the following guidelines shall be followed: (1)Consultations shall take place as early as possible, before issuance of a notice of proposed rulemaking, continue through the final rule stage, and be integrated explicitly into the rulemaking process. (2)Agencies shall consult with a wide variety of State, local, and tribal officials and impacted parties within the private sector (including small businesses). Geographic, political, and other factors that may differentiate varying points of view should be considered. (3)Agencies should estimate benefits and costs to assist with these consultations. The scope of the consultation should reflect the cost and significance of the Federal mandate being considered. (4)Agencies shall, to the extent practicable— (A)seek out the views of State, local, and tribal governments, and impacted parties within the private sector (including small business), on costs, benefits, and risks; and (B)solicit ideas about alternative methods of compliance and potential flexibilities, and input on whether the Federal regulation will harmonize with and not duplicate similar laws in other levels of government. (5)Consultations shall address the cumulative impact of regulations on the affected entities. (6)Agencies may accept electronic submissions of comments by relevant parties but may not use those comments as the sole method of satisfying the guidelines in this subsection..

111.

New authorities and responsibilities for Office of Information and Regulatory Affairs

Section 208 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1538) is amended to read as follows:

208.

Office of Information and Regulatory Affairs responsibilities

(a)

In General

The Administrator of the Office of Information and Regulatory Affairs shall provide meaningful guidance and oversight so that each agency’s regulations for which a written statement is required under section 202 are consistent with the principles and requirements of this title, as well as other applicable laws, and do not conflict with the policies or actions of another agency. If the Administrator determines that an agency’s regulations for which a written statement is required under section 202 do not comply with such principles and requirements, are not consistent with other applicable laws, or conflict with the policies or actions of another agency, the Administrator shall identify areas of non-compliance, notify the agency, and request that the agency comply before the agency finalizes the regulation concerned. (b)

Annual Statements to Congress on Agency Compliance

The Director of the Office of Information and Regulatory Affairs annually shall submit to Congress, including the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives, a written report detailing compliance by each agency with the requirements of this title that relate to regulations for which a written statement is required by section 202, including activities undertaken at the request of the Director to improve compliance, during the preceding reporting period. The report shall also contain an appendix detailing compliance by each agency with section 204.

.

112.

Retrospective analysis of existing Federal regulations

The Unfunded Mandates Reform Act of 1995 (Public Law 104–4; 2 U.S.C. 1511 et seq.) is amended— (1)by redesignating section 209 as section 210; and (2)by inserting after section 208 the following new section 209:

209.

Retrospective analysis of existing Federal regulations

(a)

Requirement

At the request of the chairman or ranking minority member of a standing or select committee of the House of Representatives or the Senate, an agency shall conduct a retrospective analysis of an existing Federal regulation promulgated by an agency. (b)

Report

Each agency conducting a retrospective analysis of existing Federal regulations pursuant to subsection (a) shall submit to the chairman of the relevant committee, Congress, and the Comptroller General a report containing, with respect to each Federal regulation covered by the analysis— (1)a copy of the Federal regulation; (2)the continued need for the Federal regulation; (3)the nature of comments or complaints received concerning the Federal regulation from the public since the Federal regulation was promulgated; (4)the extent to which the Federal regulation overlaps, duplicates, or conflicts with other Federal regulations, and, to the extent feasible, with State and local governmental rules; (5)the degree to which technology, economic conditions, or other factors have changed in the area affected by the Federal regulation; (6)a complete analysis of the retrospective direct costs and benefits of the Federal regulation that considers studies done outside the Federal Government (if any) estimating such costs or benefits; and (7)any litigation history challenging the Federal regulation.

.

113.

Expansion of judicial review

Section 401(a) of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1571(a)) is amended— (1)in paragraphs (1) and (2)(A)— (A)by striking sections 202 and 203(a)(1) and (2) each place it appears and inserting sections 201, 202, 203(a)(1) and (2), and 205(a) and (b); and (B)by striking only each place it appears; (2)in paragraph (2)(B), by striking section 202 and all that follows through the period at the end and inserting the following: section 202, prepare the written plan under section 203(a)(1) and (2), or comply with section 205(a) and (b), a court may compel the agency to prepare such written statement, prepare such written plan, or comply with such section.; and (3)in paragraph (3), by striking written statement or plan is required and all that follows through shall not and inserting the following: written statement under section 202, a written plan under section 203(a)(1) and (2), or compliance with sections 201 and 205(a) and (b) is required, the inadequacy or failure to prepare such statement (including the inadequacy or failure to prepare any estimate, analysis, statement, or description), to prepare such written plan, or to comply with such section may.

B

Achieving Less Excess in Regulation and Requiring Transparency

100.

Short title; table of contents

This subdivision may be cited as the Achieving Less Excess in Regulation and Requiring Transparency Act of 2014 or as the ALERRT Act of 2014.

IV

Judiciary

V

Natural Resources

A

Restoring Healthy Forests for Healthy Communities

100.

Short title

This subdivision may be cited as the Restoring Healthy Forests for Healthy Communities Act.

B

National Strategic and Critical Minerals Production

100.

Short title

This subdivision may be cited as the National Strategic and Critical Minerals Production Act of 2014.

100A.

Findings

Congress finds the following: (1)The industrialization of China and India has driven demand for nonfuel mineral commodities, sparking a period of resource nationalism exemplified by China’s reduction in exports of rare-earth elements necessary for telecommunications, military technologies, healthcare technologies, and conventional and renewable energy technologies. (2)The availability of minerals and mineral materials are essential for economic growth, national security, technological innovation, and the manufacturing and agricultural supply chain. (3)The exploration, production, processing, use, and recycling of minerals contribute significantly to the economic well-being, security and general welfare of the Nation. (4)The United States has vast mineral resources, but is becoming increasingly dependent upon foreign sources of these mineral materials, as demonstrated by the following: (A)Twenty-five years ago the United States was dependent on foreign sources for 30 nonfuel mineral materials, 6 of which the United States imported 100 percent of the Nation’s requirements, and for another 16 commodities the United States imported more than 60 percent of the Nation’s needs. (B)By 2011 the United States import dependence for nonfuel mineral materials had more than doubled from 30 to 67 commodities, 19 of which the United States imported 100 percent of the Nation’s requirements, and for another 24 commodities, imported more than 50 percent of the Nation’s needs. (C)The United States share of worldwide mineral exploration dollars was 8 percent in 2011, down from 19 percent in the early 1990s. (D)In the 2012 Ranking of Countries for Mining Investment, out of 25 major mining countries, the United States ranked last with Papua New Guinea in permitting delays, and towards the bottom regarding government take and social issues affecting mining.

100B.

Definitions

In this subdivision: (1)

Strategic and critical minerals

The term strategic and critical minerals means minerals that are necessary— (A)for national defense and national security requirements; (B)for the Nation’s energy infrastructure, including pipelines, refining capacity, electrical power generation and transmission, and renewable energy production; (C)to support domestic manufacturing, agriculture, housing, telecommunications, healthcare, and transportation infrastructure; or (D)for the Nation’s economic security and balance of trade. (2)

Agency

The term agency means any agency, department, or other unit of Federal, State, local, or tribal government, or Alaska Native Corporation. (3)

mineral exploration or mine permit

The term mineral exploration or mine permit includes plans of operation issued by the Bureau of Land Management and the Forest Service pursuant to 43 CFR 3809 and 36 CFR 228A or the authorities listed in 43 CFR 3503.13, respectively.