[Congressional Record Volume 160, Number 134 (Thursday, September 18, 2014)]
[House]
[Pages H7773-H7819]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          JOBS FOR AMERICA ACT

  Mr. CAMP. Mr. Speaker, pursuant to House Resolution 727, I call up 
the bill (H.R. 4) to make revisions to Federal law to improve the 
conditions necessary for economic growth and job creation, and for 
other purposes, and ask for its immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore (Mr. Latham). Pursuant to House Resolution 
727, the bill is considered read.
  The text of the bill is as follows:

                                 H.R. 4

       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 ``Jobs for America Act''.

     SEC. 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.

[[Page H7774]]

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.

[[Page H7775]]

                 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.

     SEC. 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.

                       DIVISION I--WAYS AND MEANS

                     TITLE I--SAVE AMERICAN WORKERS

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Save American Workers Act 
     of 2014''.

     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.

       (a) Full-Time Equivalents.--Paragraph (2) of section 
     4980H(c) of the Internal Revenue Code of 1986 is amended--
       (1) by repealing subparagraph (E), and
       (2) by inserting after subparagraph (D) the following new 
     subparagraph:
       ``(E) Full-time equivalents treated as full-time 
     employees.--Solely for purposes of determining whether an 
     employer is an applicable large employer under this 
     paragraph, an employer shall, in addition to the number of 
     full-time employees for any month otherwise determined, 
     include for such month a number of full-time employees 
     determined by dividing the aggregate number of hours of 
     service of employees who are not full-time employees for the 
     month by 174.''.
       (b) Full-Time Employees.--Paragraph (4) of section 4980H(c) 
     of the Internal Revenue Code of 1986 is amended--
       (1) by repealing subparagraph (A), and
       (2) by inserting before subparagraph (B) the following new 
     subparagraph:
       ``(A) In general.--The term `full-time employee' means, 
     with respect to any month, an employee who is employed on 
     average at least 40 hours of service per week.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to months beginning after December 31, 2013.

                       TITLE II--HIRE MORE HEROES

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Hire More Heroes Act of 
     2014''.

     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.

       (a) In General.--Section 4980H(c)(2) of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following:
       ``(F) Exemption for health coverage under tricare or the 
     veterans administration.--Solely for purposes of determining 
     whether an employer is an applicable large employer under 
     this paragraph for any month, an employer may elect not to 
     take into account for a month as an employee any individual 
     who, for such month, has medical coverage under--
       ``(i) chapter 55 of title 10, United States Code, including 
     coverage under the TRICARE program, or
       ``(ii) under a health care program under chapter 17 or 18 
     of title 38, United States Code, as determined by the 
     Secretary of Veterans Affairs, in coordination with the 
     Secretary of Health and Human Services and the Secretary.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to months beginning after December 31, 2013.

            TITLE III--AMERICAN RESEARCH AND COMPETITIVENESS

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``American Research and 
     Competitiveness Act of 2014''.

     SEC. 302. RESEARCH CREDIT SIMPLIFIED AND MADE PERMANENT.

       (a) In General.--Subsection (a) of section 41 of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(a) In General.--For purposes of section 38, the research 
     credit determined under this section for the taxable year 
     shall be an amount equal to the sum of--
       ``(1) 20 percent of so much of the qualified research 
     expenses for the taxable year as exceeds 50 percent of the 
     average qualified research expenses for the 3 taxable years 
     preceding the taxable year for which the credit is being 
     determined,
       ``(2) 20 percent of so much of the basic research payments 
     for the taxable year as exceeds 50 percent of the average 
     basic research payments for the 3 taxable years preceding the 
     taxable year for which the credit is being determined, plus
       ``(3) 20 percent of the amounts paid or incurred by the 
     taxpayer in carrying on any trade or business of the taxpayer 
     during the taxable year (including as contributions) to an 
     energy research consortium for energy research.''.
       (b) Repeal of Termination.--Section 41 of such Code is 
     amended by striking subsection (h).
       (c) Conforming Amendments.--
       (1) Subsection (c) of section 41 of such Code is amended to 
     read as follows:
       ``(c) Determination of Average Research Expenses for Prior 
     Years.--
       ``(1) Special rule in case of no qualified research 
     expenditures in any of 3 preceding taxable years.--In any 
     case in which the taxpayer has no qualified research expenses 
     in any one of the 3 taxable years preceding the taxable year 
     for which the credit is being determined, the amount 
     determined under subsection (a)(1) for such taxable year 
     shall be equal to 10 percent of the qualified research 
     expenses for the taxable year.
       ``(2) Consistent treatment of expenses.--
       ``(A) In general.--Notwithstanding whether the period for 
     filing a claim for credit or refund has expired for any 
     taxable year taken into account in determining the average 
     qualified research expenses, or average basic research 
     payments, taken into account under subsection (a), the 
     qualified research expenses and basic research payments taken 
     into account in determining such averages shall be determined 
     on a basis consistent with the determination of qualified 
     research expenses and basic research payments, respectively, 
     for the credit year.
       ``(B) Prevention of distortions.--The Secretary may 
     prescribe regulations to prevent distortions in calculating a 
     taxpayer's qualified research expenses or basic research 
     payments caused by a change in accounting methods used by 
     such taxpayer between the current year and a year taken into 
     account in determining the average qualified research 
     expenses or average basic research payments taken into 
     account under subsection (a).''.
       (2) Section 41(e) of such Code is amended--
       (A) by striking all that precedes paragraph (6) and 
     inserting the following:
       ``(e) Basic Research Payments.--For purposes of this 
     section--
       ``(1) In general.--The term `basic research payment' means, 
     with respect to any taxable year, any amount paid in cash 
     during such taxable year by a corporation to any qualified 
     organization for basic research but only if--
       ``(A) such payment is pursuant to a written agreement 
     between such corporation and such qualified organization, and
       ``(B) such basic research is to be performed by such 
     qualified organization.
       ``(2) Exception to requirement that research be performed 
     by the organization.--In the case of a qualified organization 
     described in subparagraph (C) or (D) of paragraph (3), 
     subparagraph (B) of paragraph (1) shall not apply.'',
       (B) by redesignating paragraphs (6) and (7) as paragraphs 
     (3) and (4), respectively, and
       (C) in paragraph (4) as so redesignated, by striking 
     subparagraphs (B) and (C) and by redesignating subparagraphs 
     (D) and (E) as subparagraphs (B) and (C), respectively.

[[Page H7776]]

       (3) Section 41(f)(3) of such Code is amended--
       (A)(i) by striking ``, and the gross receipts'' in 
     subparagraph (A)(i) and all that follows through ``determined 
     under clause (iii)'',
       (ii) by striking clause (iii) of subparagraph (A) and 
     redesignating clauses (iv), (v), and (vi), thereof, as 
     clauses (iii), (iv), and (v), respectively,
       (iii) by striking ``and (iv)'' each place it appears in 
     subparagraph (A)(iv) (as so redesignated) and inserting ``and 
     (iii)'',
       (iv) by striking subclause (IV) of subparagraph (A)(iv) (as 
     so redesignated), by striking ``, and'' at the end of 
     subparagraph (A)(iv)(III) (as so redesignated) and inserting 
     a period, and by adding ``and'' at the end of subparagraph 
     (A)(iv)(II) (as so redesignated),
       (v) by striking ``(A)(vi)'' in subparagraph (B) and 
     inserting ``(A)(v)'', and
       (vi) by striking ``(A)(iv)(II)'' in subparagraph (B)(i)(II) 
     and inserting ``(A)(iii)(II)'',
       (B) by striking ``, and the gross receipts of the 
     predecessor,'' in subparagraph (A)(iv)(II) (as so 
     redesignated),
       (C) by striking ``, and the gross receipts of,'' in 
     subparagraph (B),
       (D) by striking ``, or gross receipts of,'' in subparagraph 
     (B)(i)(I), and
       (E) by striking subparagraph (C).
       (4) Section 45C(b)(1) of such Code is amended by striking 
     subparagraph (D).
       (d) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to taxable years 
     beginning after December 31, 2013.
       (2) Subsection (b).--The amendment made by subsection (b) 
     shall apply to amounts paid or incurred after December 31, 
     2013.

     SEC. 303. PAYGO SCORECARD.

       (a) Paygo Scorecard.--The budgetary effects of this title 
     shall not be entered on either PAYGO scorecard maintained 
     pursuant to section 4(d) of the Statutory Pay-As-You-Go Act 
     of 2010.
       (b) Senate Paygo Scorecard.--The budgetary effects of this 
     title shall not be entered on any PAYGO scorecard maintained 
     for purposes of section 201 of S. Con. Res. 21 (110th 
     Congress).

             TITLE IV--AMERICA'S SMALL BUSINESS TAX RELIEF

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``America's Small Business 
     Tax Relief Act of 2014''.

     SEC. 402. EXPENSING CERTAIN DEPRECIABLE BUSINESS ASSETS FOR 
                   SMALL BUSINESS.

       (a) In General.--
       (1) Dollar limitation.--Paragraph (1) of section 179(b) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``shall not exceed--'' and all that follows and inserting 
     ``shall not exceed $500,000.''.
       (2) Reduction in limitation.--Paragraph (2) of section 
     179(b) of such Code is amended by striking ``exceeds--'' and 
     all that follows and inserting ``exceeds $2,000,000.''.
       (b) Computer Software.--Clause (ii) of section 179(d)(1)(A) 
     of such Code is amended by striking ``, to which section 167 
     applies, and which is placed in service in a taxable year 
     beginning after 2002 and before 2014'' and inserting ``and to 
     which section 167 applies''.
       (c) Election.--Paragraph (2) of section 179(c) of such Code 
     is amended--
       (1) by striking ``may not be revoked'' and all that follows 
     through ``and before 2014'', and
       (2) by striking ``irrevocable'' in the heading thereof.
       (d) Air Conditioning and Heating Units.--Paragraph (1) of 
     section 179(d) of such Code is amended by striking ``and 
     shall not include air conditioning or heating units''.
       (e) Qualified Real Property.--Subsection (f) of section 179 
     of such Code is amended--
       (1) by striking ``beginning in 2010, 2011, 2012, or 2013'' 
     in paragraph (1), and
       (2) by striking paragraphs (3) and (4).
       (f) Inflation Adjustment.--Subsection (b) of section 179 of 
     such Code is amended by adding at the end the following new 
     paragraph:
       ``(6) Inflation adjustment.--
       ``(A) In general.--In the case of any taxable year 
     beginning after 2014, the dollar amounts in paragraphs (1) 
     and (2) shall each be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which such taxable 
     year begins, determined by substituting `calendar year 2013' 
     for `calendar year 1992' in subparagraph (B) thereof.
       ``(B) Rounding.--The amount of any increase under 
     subparagraph (A) shall be rounded to the nearest multiple of 
     $10,000.''.
       (g) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2013.

     SEC. 403. BUDGETARY EFFECTS.

       (a) Statutory Pay-As-You-Go Scorecards.--The budgetary 
     effects of this title shall not be entered on either PAYGO 
     scorecard maintained pursuant to section 4(d) of the 
     Statutory Pay-As-You-Go Act of 2010.
       (b) Senate PAYGO Scorecards.--The budgetary effects of this 
     title shall not be entered on any PAYGO scorecard maintained 
     for purposes of section 201 of S. Con. Res. 21 (110th 
     Congress).

              TITLE V--S CORPORATION PERMANENT TAX RELIEF

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``S Corporation Permanent 
     Tax Relief Act of 2014''.

     SEC. 502. REDUCED RECOGNITION PERIOD FOR BUILT-IN GAINS OF S 
                   CORPORATIONS MADE PERMANENT.

       (a) In General.--Paragraph (7) of section 1374(d) of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(7) Recognition period.--
       ``(A) In general.--The term `recognition period' means the 
     5-year period beginning with the 1st day of the 1st taxable 
     year for which the corporation was an S corporation. For 
     purposes of applying this section to any amount includible in 
     income by reason of distributions to shareholders pursuant to 
     section 593(e), the preceding sentence shall be applied 
     without regard to the phrase `5-year'.
       ``(B) Installment sales.--If an S corporation sells an 
     asset and reports the income from the sale using the 
     installment method under section 453, the treatment of all 
     payments received shall be governed by the provisions of this 
     paragraph applicable to the taxable year in which such sale 
     was made.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2013.

     SEC. 503. PERMANENT RULE REGARDING BASIS ADJUSTMENT TO STOCK 
                   OF S CORPORATIONS MAKING CHARITABLE 
                   CONTRIBUTIONS OF PROPERTY.

       (a) In General.--Section 1367(a)(2) of the Internal Revenue 
     Code of 1986 is amended by striking the last sentence.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2013.

     SEC. 504. BUDGETARY EFFECTS.

       (a) Statutory Pay-As-You-Go Scorecards.--The budgetary 
     effects of this title shall not be entered on either PAYGO 
     scorecard maintained pursuant to section 4(d) of the 
     Statutory Pay-As-You-Go Act of 2010.
       (b) Senate PAYGO Scorecards.--The budgetary effects of this 
     title shall not be entered on any PAYGO scorecard maintained 
     for purposes of section 201 of S. Con. Res. 21 (110th 
     Congress).

        TITLE VI--BONUS DEPRECIATION MODIFIED AND MADE PERMANENT

     SEC. 601. BONUS DEPRECIATION MODIFIED AND MADE PERMANENT.

       (a) Made Permanent; Inclusion of Qualified Retail 
     Improvement Property.--Section 168(k)(2) of the Internal 
     Revenue Code of 1986 is amended to read as follows:
       ``(2) Qualified property.--For purposes of this 
     subsection--
       ``(A) In general.--The term `qualified property' means 
     property--
       ``(i)(I) to which this section applies which has a recovery 
     period of 20 years or less,
       ``(II) which is computer software (as defined in section 
     167(f)(1)(B)) for which a deduction is allowable under 
     section 167(a) without regard to this subsection,
       ``(III) which is water utility property,
       ``(IV) which is qualified leasehold improvement property, 
     or
       ``(V) which is qualified retail improvement property, and
       ``(ii) the original use of which commences with the 
     taxpayer.
       ``(B) Exception for alternative depreciation property.--The 
     term `qualified property' shall not include any property to 
     which the alternative depreciation system under subsection 
     (g) applies, determined--
       ``(i) without regard to paragraph (7) of subsection (g) 
     (relating to election to have system apply), and
       ``(ii) after application of section 280F(b) (relating to 
     listed property with limited business use).
       ``(C) Special rules.--
       ``(i) Sale-leasebacks.--For purposes of clause (ii) and 
     subparagraph (A)(ii), if property is--

       ``(I) originally placed in service by a person, and
       ``(II) sold and leased back by such person within 3 months 
     after the date such property was originally placed in 
     service,

     such property shall be treated as originally placed in 
     service not earlier than the date on which such property is 
     used under the leaseback referred to in subclause (II).
       ``(ii) Syndication.--For purposes of subparagraph (A)(ii), 
     if--

       ``(I) property is originally placed in service by the 
     lessor of such property,
       ``(II) such property is sold by such lessor or any 
     subsequent purchaser within 3 months after the date such 
     property was originally placed in service (or, in the case of 
     multiple units of property subject to the same lease, within 
     3 months after the date the final unit is placed in service, 
     so long as the period between the time the first unit is 
     placed in service and the time the last unit is placed in 
     service does not exceed 12 months), and
       ``(III) the user of such property after the last sale 
     during such 3-month period remains the same as when such 
     property was originally placed in service,

     such property shall be treated as originally placed in 
     service not earlier than the date of such last sale.
       ``(D) Coordination with section 280f.--For purposes of 
     section 280F--
       ``(i) Automobiles.--In the case of a passenger automobile 
     (as defined in section 280F(d)(5)) which is qualified 
     property, the Secretary shall increase the limitation under 
     section 280F(a)(1)(A)(i) by $8,000.
       ``(ii) Listed property.--The deduction allowable under 
     paragraph (1) shall be taken into account in computing any 
     recapture amount under section 280F(b)(2).

[[Page H7777]]

       ``(iii) Inflation adjustment.--In the case of any taxable 
     year beginning in a calendar year after 2014, the $8,000 
     amount in clause (i) shall be increased by an amount equal 
     to--

       ``(I) such dollar amount, multiplied by
       ``(II) the automobile price inflation adjustment determined 
     under section 280F(d)(7)(B)(i) for the calendar year in which 
     such taxable year begins by substituting `2013' for `1987' in 
     subclause (II) thereof.

     If any increase under the preceding sentence is not a 
     multiple of $100, such increase shall be rounded to the 
     nearest multiple of $100.
       ``(E) Deduction allowed in computing minimum tax.--For 
     purposes of determining alternative minimum taxable income 
     under section 55, the deduction under section 167 for 
     qualified property shall be determined without regard to any 
     adjustment under section 56.''.
       (b) Expansion of Election to Accelerate Amt Credits in Lieu 
     of Bonus Depreciation.--Section 168(k)(4) of such Code is 
     amended to read as follows:
       ``(4) Election to accelerate amt credits in lieu of bonus 
     depreciation.--
       ``(A) In general.--If a corporation elects to have this 
     paragraph apply for any taxable year--
       ``(i) paragraphs (1)(A), (2)(D)(i), and (5)(A)(i) shall not 
     apply for such taxable year,
       ``(ii) the applicable depreciation method used under this 
     section with respect to any qualified property shall be the 
     straight line method, and
       ``(iii) the limitation imposed by section 53(c) for such 
     taxable year shall be increased by the bonus depreciation 
     amount which is determined for such taxable year under 
     subparagraph (B).
       ``(B) Bonus depreciation amount.--For purposes of this 
     paragraph--
       ``(i) In general.--The bonus depreciation amount for any 
     taxable year is an amount equal to 20 percent of the excess 
     (if any) of--

       ``(I) the aggregate amount of depreciation which would be 
     allowed under this section for qualified property placed in 
     service by the taxpayer during such taxable year if paragraph 
     (1) applied to all such property, over

       ``(II) the aggregate amount of depreciation which would be 
     allowed under this section for qualified property placed in 
     service by the taxpayer during such taxable year if paragraph 
     (1) did not apply to any such property.

     The aggregate amounts determined under subclauses (I) and 
     (II) shall be determined without regard to any election made 
     under subsection (b)(2)(D), (b)(3)(D), or (g)(7) and without 
     regard to subparagraph (A)(ii).
       ``(ii) Limitation.--The bonus depreciation amount for any 
     taxable year shall not exceed the lesser of--

       ``(I) 50 percent of the minimum tax credit under section 
     53(b) for the first taxable year ending after December 31, 
     2013, or
       ``(II) the minimum tax credit under section 53(b) for such 
     taxable year determined by taking into account only the 
     adjusted net minimum tax for taxable years ending before 
     January 1, 2014 (determined by treating credits as allowed on 
     a first-in, first-out basis).

       ``(iii) Aggregation rule.--All corporations which are 
     treated as a single employer under section 52(a) shall be 
     treated--

       ``(I) as 1 taxpayer for purposes of this paragraph, and
       ``(II) as having elected the application of this paragraph 
     if any such corporation so elects.

       ``(C) Credit refundable.--For purposes of section 6401(b), 
     the aggregate increase in the credits allowable under part IV 
     of subchapter A for any taxable year resulting from the 
     application of this paragraph shall be treated as allowed 
     under subpart C of such part (and not any other subpart).
       ``(D) Other rules.--
       ``(i) Election.--Any election under this paragraph may be 
     revoked only with the consent of the Secretary.
       ``(ii) Partnerships with electing partners.--In the case of 
     a corporation which is a partner in a partnership and which 
     makes an election under subparagraph (A) for the taxable 
     year, for purposes of determining such corporation's 
     distributive share of partnership items under section 702 for 
     such taxable year--

       ``(I) paragraphs (1)(A), (2)(D)(i), and (5)(A)(i) shall not 
     apply, and
       ``(II) the applicable depreciation method used under this 
     section with respect to any qualified property shall be the 
     straight line method.

       ``(iii) Certain partnerships.--In the case of a partnership 
     in which more than 50 percent of the capital and profits 
     interests are owned (directly or indirectly) at all times 
     during the taxable year by 1 corporation (or by corporations 
     treated as 1 taxpayer under subparagraph (B)(iii)), each 
     partner shall compute its bonus depreciation amount under 
     clause (i) of subparagraph (B) by taking into account its 
     distributive share of the amounts determined by the 
     partnership under subclauses (I) and (II) of such clause for 
     the taxable year of the partnership ending with or within the 
     taxable year of the partner.''.
       (c) Special Rules for Trees and Vines Bearing Fruits and 
     Nuts.--Section 168(k) of such Code is amended--
       (1) by striking paragraph (5), and
       (2) by inserting after paragraph (4) the following new 
     paragraph:
       ``(5) Special rules for trees and vines bearing fruits and 
     nuts.--
       ``(A) In general.--In the case of any tree or vine bearing 
     fruits or nuts which is planted, or is grafted to a plant 
     that has already been planted, by the taxpayer in the 
     ordinary course of the taxpayer's farming business (as 
     defined in section 263A(e)(4))--
       ``(i) a depreciation deduction equal to 50 percent of the 
     adjusted basis of such tree or vine shall be allowed under 
     section 167(a) for the taxable year in which such tree or 
     vine is so planted or grafted, and
       ``(ii) the adjusted basis of such tree or vine shall be 
     reduced by the amount of such deduction.
       ``(B) Election out.--If a taxpayer makes an election under 
     this subparagraph for any taxable year, this paragraph shall 
     not apply to any tree or vine planted or grafted during such 
     taxable year. An election under this subparagraph may be 
     revoked only with the consent of the Secretary.
       ``(C) Additional depreciation may be claimed only once.--If 
     this paragraph applies to any tree or vine, such tree or vine 
     shall not be treated as qualified property in the taxable 
     year in which placed in service.
       ``(D) Coordination with election to accelerate amt 
     credits.--If a corporation makes an election under paragraph 
     (4) for any taxable year, the amount under paragraph 
     (4)(B)(i)(I) for such taxable year shall be increased by the 
     amount determined under subparagraph (A)(i) for such taxable 
     year.
       ``(E) Deduction allowed in computing minimum tax.--Rules 
     similar to the rules of paragraph (2)(E) shall apply for 
     purposes of this paragraph.''.
       (d) Conforming Amendments.--
       (1) Section 168(e)(8) of such Code is amended by striking 
     subparagraph (D).
       (2) Section 168(k) of such Code is amended by adding at the 
     end the following new paragraph:
       ``(6) Election out.--If a taxpayer makes an election under 
     this paragraph with respect to any class of property for any 
     taxable year, this subsection shall not apply to all property 
     in such class placed in service (or, in the case of paragraph 
     (5), planted or grafted) during such taxable year. An 
     election under this paragraph may be revoked only with the 
     consent of the Secretary.''.
       (3) Section 168(l)(5) of such Code is amended by striking 
     ``section 168(k)(2)(G)'' and inserting ``section 
     168(k)(2)(E)''.
       (4) Section 263A(c) of such Code is amended by adding at 
     the end the following new paragraph:
       ``(7) Coordination with section 168(k)(5).--This section 
     shall not apply to any amount allowable as a deduction by 
     reason of section 168(k)(5) (relating to special rules for 
     trees and vines bearing fruits and nuts).''.
       (5) Section 460(c)(6)(B) of such Code is amended by 
     striking ``which--'' and all that follows and inserting 
     ``which has a recovery period of 7 years or less.''.
       (6) Section 168(k) of such Code is amended by striking 
     ``Acquired After December 31, 2007, and Before January 1, 
     2014'' in the heading thereof.
       (e) Effective Dates.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to property placed in service after December 31, 2013.
       (2) Expansion of election to accelerate amt credits in lieu 
     of bonus depreciation.--
       (A) In general.--The amendment made by subsection (b) 
     (other than so much of such amendment as relates to section 
     168(k)(4)(D)(iii) of such Code, as added by such amendment) 
     shall apply to taxable years ending after December 31, 2013.
       (B) Transitional rule.--In the case of a taxable year 
     beginning before January 1, 2014, and ending after December 
     31, 2013, the bonus depreciation amount determined under 
     section 168(k)(4) of such Code for such year shall be the sum 
     of--
       (i) such amount determined without regard to the amendments 
     made by this section and--

       (I) by taking into account only property placed in service 
     before January 1, 2014, and
       (II) by multiplying the limitation under section 
     168(k)(4)(C)(ii) of such Code (determined without regard to 
     the amendments made by this section) by a fraction the 
     numerator of which is the number of days in the taxable year 
     before January 1, 2014, and the denominator of which is the 
     number of days in the taxable year, and

       (ii) such amount determined after taking into account the 
     amendments made by this section and--

       (I) by taking into account only property placed in service 
     after December 31, 2013, and
       (II) by multiplying the limitation under section 
     168(k)(4)(B)(ii) of such Code (as amended by this section) by 
     a fraction the numerator of which is the number of days in 
     the taxable year after December 31, 2013, and the denominator 
     of which is the number of days in the taxable year.

       (3) Special rules for certain trees and vines.--The 
     amendment made by subsection (c)(2) shall apply to trees and 
     vines planted or grafted after December 31, 2013.

     SEC. 602. BUDGETARY EFFECTS.

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

[[Page H7778]]

     entered on any PAYGO scorecard maintained for purposes of 
     section 201 of S. Con. Res. 21 (110th Congress).

             TITLE VII--REPEAL OF MEDICAL DEVICE EXCISE TAX

     SEC. 701. REPEAL OF MEDICAL DEVICE EXCISE TAX.

       (a) In General.--Chapter 32 of the Internal Revenue Code of 
     1986 is amended by striking subchapter E.
       (b) Conforming Amendments.--
       (1) Subsection (a) of section 4221 of such Code is amended 
     by striking the last sentence.
       (2) Paragraph (2) of section 6416(b) of such Code is 
     amended by striking the last sentence.
       (3) The table of subchapters for chapter 32 of such Code is 
     amended by striking the item relating to subchapter E.
       (c) Effective Date.--The amendments made by this section 
     shall apply to sales after December 31, 2012.

     SEC. 702. BUDGETARY EFFECTS.

       (a) Statutory Pay-As-You-Go Scorecards.--The budgetary 
     effects of this title shall not be entered on either PAYGO 
     scorecard maintained pursuant to section 4(d) of the 
     Statutory Pay-As-You-Go Act of 2010.
       (b) Senate PAYGO Scorecards.--The budgetary effects of this 
     title shall not be entered on any PAYGO scorecard maintained 
     for purposes of section 201 of S. Con. Res. 21 (110th 
     Congress).

                    DIVISION II--FINANCIAL SERVICES

      TITLE I--SMALL BUSINESS CAPITAL ACCESS AND JOB PRESERVATION

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Small Business Capital 
     Access and Job Preservation Act''.

     SEC. 102. REGISTRATION AND REPORTING EXEMPTIONS RELATING TO 
                   PRIVATE EQUITY FUNDS ADVISORS.

       Section 203 of the Investment Advisers Act of 1940 (15 
     U.S.C. 80b-3) is amended by adding at the end the following:
       ``(o) Exemption of and Reporting Requirements by Private 
     Equity Funds Advisors.--
       ``(1) In general.--Except as provided in this subsection, 
     no investment adviser shall be subject to the registration or 
     reporting requirements of this title with respect to the 
     provision of investment advice relating to a private equity 
     fund or funds, provided that each such fund has not borrowed 
     and does not have outstanding a principal amount in excess of 
     twice its invested capital commitments.
       ``(2) Maintenance of records and access by commission.--Not 
     later than 6 months after the date of enactment of this 
     subsection, the Commission shall issue final rules--
       ``(A) to require investment advisers described in paragraph 
     (1) to maintain such records and provide to the Commission 
     such annual or other reports as the Commission may require 
     taking into account fund size, governance, investment 
     strategy, risk, and other factors, as the Commission 
     determines necessary and appropriate in the public interest 
     and for the protection of investors; and
       ``(B) to define the term `private equity fund' for purposes 
     of this subsection.''.

 TITLE II--SMALL BUSINESS MERGERS, ACQUISITIONS, SALES, AND BROKERAGE 
                             SIMPLIFICATION

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Small Business Mergers, 
     Acquisitions, Sales, and Brokerage Simplification Act of 
     2014''.

     SEC. 202. REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION 
                   BROKERS.

       Section 15(b) of the Securities Exchange Act of 1934 (15 
     U.S.C. 78o(b)) is amended by adding at the end the following:
       ``(13) Registration exemption for merger and acquisition 
     brokers.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an M&A broker shall be exempt from registration under this 
     section.
       ``(B) Excluded activities.--An M&A broker is not exempt 
     from registration under this paragraph if such broker does 
     any of the following:
       ``(i) Directly or indirectly, in connection with the 
     transfer of ownership of an eligible privately held company, 
     receives, holds, transmits, or has custody of the funds or 
     securities to be exchanged by the parties to the transaction.
       ``(ii) Engages on behalf of an issuer in a public offering 
     of any class of securities that is registered, or is required 
     to be registered, with the Commission under section 12 or 
     with respect to which the issuer files, or is required to 
     file, periodic information, documents, and reports under 
     subsection (d).
       ``(C) Rule of construction.--Nothing in this paragraph 
     shall be construed to limit any other authority of the 
     Commission to exempt any person, or any class of persons, 
     from any provision of this title, or from any provision of 
     any rule or regulation thereunder.
       ``(D) Definitions.--In this paragraph:
       ``(i) Control.--The term `control' means the power, 
     directly or indirectly, to direct the management or policies 
     of a company, whether through ownership of securities, by 
     contract, or otherwise. There is a presumption of control for 
     any person who--

       ``(I) is a director, general partner, member or manager of 
     a limited liability company, or officer exercising executive 
     responsibility (or has similar status or functions);
       ``(II) has the right to vote 20 percent or more of a class 
     of voting securities or the power to sell or direct the sale 
     of 20 percent or more of a class of voting securities; or
       ``(III) in the case of a partnership or limited liability 
     company, has the right to receive upon dissolution, or has 
     contributed, 20 percent or more of the capital.

       ``(ii) Eligible privately held company.--The term `eligible 
     privately held company' means a company that meets both of 
     the following conditions:

       ``(I) The company does not have any class of securities 
     registered, or required to be registered, with the Commission 
     under section 12 or with respect to which the company files, 
     or is required to file, periodic information, documents, and 
     reports under subsection (d).
       ``(II) In the fiscal year ending immediately before the 
     fiscal year in which the services of the M&A broker are 
     initially engaged with respect to the securities transaction, 
     the company meets either or both of the following conditions 
     (determined in accordance with the historical financial 
     accounting records of the company):

       ``(aa) The earnings of the company before interest, taxes, 
     depreciation, and amortization are less than $25,000,000.
       ``(bb) The gross revenues of the company are less than 
     $250,000,000.
       ``(iii) M&A broker.--The term `M&A broker' means a broker, 
     and any person associated with a broker, engaged in the 
     business of effecting securities transactions solely in 
     connection with the transfer of ownership of an eligible 
     privately held company, regardless of whether the broker acts 
     on behalf of a seller or buyer, through the purchase, sale, 
     exchange, issuance, repurchase, or redemption of, or a 
     business combination involving, securities or assets of the 
     eligible privately held company, if the broker reasonably 
     believes that--

       ``(I) upon consummation of the transaction, any person 
     acquiring securities or assets of the eligible privately held 
     company, acting alone or in concert, will control and, 
     directly or indirectly, will be active in the management of 
     the eligible privately held company or the business conducted 
     with the assets of the eligible privately held company; and
       ``(II) if any person is offered securities in exchange for 
     securities or assets of the eligible privately held company, 
     such person will, prior to becoming legally bound to 
     consummate the transaction, receive or have reasonable access 
     to the most recent year-end balance sheet, income statement, 
     statement of changes in financial position, and statement of 
     owner's equity of the issuer of the securities offered in 
     exchange, and, if the financial statements of the issuer are 
     audited, the related report of the independent auditor, a 
     balance sheet dated not more than 120 days before the date of 
     the offer, and information pertaining to the management, 
     business, results of operations for the period covered by the 
     foregoing financial statements, and material loss 
     contingencies of the issuer.

       ``(E) Inflation adjustment.--
       ``(i) In general.--On the date that is 5 years after the 
     date of the enactment of the Small Business Mergers, 
     Acquisitions, Sales, and Brokerage Simplification Act of 
     2014, and every 5 years thereafter, each dollar amount in 
     subparagraph (D)(ii)(II) shall be adjusted by--

       ``(I) dividing the annual value of the Employment Cost 
     Index For Wages and Salaries, Private Industry Workers (or 
     any successor index), as published by the Bureau of Labor 
     Statistics, for the calendar year preceding the calendar year 
     in which the adjustment is being made by the annual value of 
     such index (or successor) for the calendar year ending 
     December 31, 2012; and
       ``(II) multiplying such dollar amount by the quotient 
     obtained under subclause (I).

       ``(ii) Rounding.--Each dollar amount determined under 
     clause (i) shall be rounded to the nearest multiple of 
     $100,000.''.

     SEC. 203. EFFECTIVE DATE.

       This title and any amendment made by this title shall take 
     effect on the date that is 90 days after the date of the 
     enactment of this Act.

                        DIVISION III--OVERSIGHT

     SUBDIVISION A--UNFUNDED MANDATES INFORMATION AND TRANSPARENCY

     SEC. 101. SHORT TITLE.

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

     SEC. 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.

     SEC. 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:

[[Page H7779]]

       ``(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.''.

     SEC. 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,''.

     SEC. 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''.

     SEC. 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''.

     SEC. 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)''.

     SEC. 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:

     ``SEC. 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.''.

     SEC. 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''.

     SEC. 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)'';

[[Page H7780]]

       (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.''.

     SEC. 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:

     ``SEC. 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.''.

     SEC. 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:

     ``SEC. 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.''.

     SEC. 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''.

   SUBDIVISION B--ACHIEVING LESS EXCESS IN REGULATION AND REQUIRING 
                              TRANSPARENCY

     SEC. 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''.

         TITLE I--ALL ECONOMIC REGULATIONS ARE TRANSPARENT ACT

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``All Economic Regulations 
     are Transparent Act of 2014'' or the ``ALERT Act of 2014''.

     SEC. 102. OFFICE OF INFORMATION AND REGULATORY AFFAIRS 
                   PUBLICATION OF INFORMATION RELATING TO RULES.

       (a) Amendment.--Title 5, United States Code, is amended by 
     inserting after chapter 6, the following new chapter:

``CHAPTER 6A--OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATION 
                    OF INFORMATION RELATING TO RULES

``Sec.
``651. Agency monthly submission to Office of Information and 
              Regulatory Affairs.
``652. Office of Information and Regulatory Affairs Publications.
``653. Requirement for rules to appear in agency-specific monthly 
              publication.
``654. Definitions.

     ``Sec. 651. Agency monthly submission to Office of 
       Information and Regulatory Affairs

       ``On a monthly basis, the head of each agency shall submit 
     to the Administrator of the Office of Information and 
     Regulatory Affairs (referred to in this chapter as the 
     `Administrator'), in such a manner as the Administrator may 
     reasonably require, the following information:
       ``(1) For each rule that the agency expects to propose or 
     finalize during the following year:
       ``(A) A summary of the nature of the rule, including the 
     regulation identifier number and the docket number for the 
     rule.
       ``(B) The objectives of and legal basis for the issuance of 
     the rule, including--
       ``(i) any statutory or judicial deadline; and
       ``(ii) whether the legal basis restricts or precludes the 
     agency from conducting an analysis of the costs or benefits 
     of the rule during the rule making, and if not, whether the 
     agency plans to conduct an analysis of the costs or benefits 
     of the rule during the rule making.
       ``(C) Whether the agency plans to claim an exemption from 
     the requirements of section 553 pursuant to section 
     553(b)(B).
       ``(D) The stage of the rule making as of the date of 
     submission.
       ``(E) Whether the rule is subject to review under section 
     610.
       ``(2) For any rule for which the agency expects to finalize 
     during the following year and has issued a general notice of 
     proposed rule making--
       ``(A) an approximate schedule for completing action on the 
     rule;
       ``(B) an estimate of whether the rule will cost--
       ``(i) less than $50,000,000;
       ``(ii) $50,000,000 or more but less than $100,000,000;
       ``(iii) $100,000,000 or more but less than $500,000,000;
       ``(iv) $500,000,000 or more but less than $1,000,000,000;
       ``(v) $1,000,000,000 or more but less than $5,000,000,000;
       ``(vi) $5,000,000,000 or more but less than 
     $10,000,000,000; or
       ``(vii) $10,000,000,000 or more; and

[[Page H7781]]

       ``(C) any estimate of the economic effects of the rule, 
     including any estimate of the net effect that the rule will 
     have on the number of jobs in the United States, that was 
     considered in drafting the rule. If such estimate is not 
     available, a statement affirming that no information on the 
     economic effects, including the effect on the number of jobs, 
     of the rule has been considered.

     ``Sec. 652. Office of Information and Regulatory Affairs 
       Publications

       ``(a) Agency-Specific Information Published Monthly.--Not 
     later than 30 days after the submission of information 
     pursuant to section 651, the Administrator shall make such 
     information publicly available on the Internet.
       ``(b) Cumulative Assessment of Agency Rule Making Published 
     Annually.--
       ``(1) Publication in the federal register.--Not later than 
     October 1 of each year, the Administrator shall publish in 
     the Federal Register, for the previous year the following:
       ``(A) The information that the Administrator received from 
     the head of each agency under section 651.
       ``(B) The number of rules and a list of each such rule--
       ``(i) that was proposed by each agency, including, for each 
     such rule, an indication of whether the issuing agency 
     conducted an analysis of the costs or benefits of the rule; 
     and
       ``(ii) that was finalized by each agency, including for 
     each such rule an indication of whether--

       ``(I) the issuing agency conducted an analysis of the costs 
     or benefits of the rule;
       ``(II) the agency claimed an exemption from the procedures 
     under section 553 pursuant to section 553(b)(B); and
       ``(III) the rule was issued pursuant to a statutory mandate 
     or the rule making is committed to agency discretion by law.

       ``(C) The number of agency actions and a list of each such 
     action taken by each agency that--
       ``(i) repealed a rule;
       ``(ii) reduced the scope of a rule;
       ``(iii) reduced the cost of a rule; or
       ``(iv) accelerated the expiration date of a rule.
       ``(D) The total cost (without reducing the cost by any 
     offsetting benefits) of all rules proposed or finalized, and 
     the number of rules for which an estimate of the cost of the 
     rule was not available.
       ``(2) Publication on the internet.--Not later than October 
     1 of each year, the Administrator shall make publicly 
     available on the Internet the following:
       ``(A) The analysis of the costs or benefits, if conducted, 
     for each proposed rule or final rule issued by an agency for 
     the previous year.
       ``(B) The docket number and regulation identifier number 
     for each proposed or final rule issued by an agency for the 
     previous year.
       ``(C) The number of rules and a list of each such rule 
     reviewed by the Director of the Office of Management and 
     Budget for the previous year, and the authority under which 
     each such review was conducted.
       ``(D) The number of rules and a list of each such rule for 
     which the head of an agency completed a review under section 
     610 for the previous year.
       ``(E) The number of rules and a list of each such rule 
     submitted to the Comptroller General under section 801.
       ``(F) The number of rules and a list of each such rule for 
     which a resolution of disapproval was introduced in either 
     the House of Representatives or the Senate under section 802.

     ``Sec. 653. Requirement for rules to appear in agency-
       specific monthly publication

       ``(a) In General.--Subject to subsection (b), a rule may 
     not take effect until the information required to be made 
     publicly available on the Internet regarding such rule 
     pursuant to section 652(a) has been so available for not less 
     than 6 months.
       ``(b) Exceptions.--The requirement of subsection (a) shall 
     not apply in the case of a rule--
       ``(1) for which the agency issuing the rule claims an 
     exception under section 553(b)(B); or
       ``(2) which the President determines by Executive order 
     should take effect because the rule is--
       ``(A) necessary because of an imminent threat to health or 
     safety or other emergency;
       ``(B) necessary for the enforcement of criminal laws;
       ``(C) necessary for national security; or
       ``(D) issued pursuant to any statute implementing an 
     international trade agreement.

     ``Sec. 654. Definitions

       ``In this chapter, the terms `agency', `agency action', 
     `rule', and `rule making' have the meanings given those terms 
     in section 551.''.
       (b) Technical and Conforming Amendment.--The table of 
     chapters for part I of title 5, United States Code, is 
     amended by inserting after the item relating to chapter 5, 
     the following:

``6.  The Analysis of Regulatory Functions.....................601 ....

``6A.  Office of Information and Regulatory Affairs Publication of 
    Information Relating to Rules............................651''.....

       (c) Effective Dates.--
       (1) Agency monthly submission to the office of information 
     and regulatory affairs.--The first submission required 
     pursuant to section 651 of title 5, United States Code, as 
     added by subsection (a), shall be submitted not later than 30 
     days after the date of the enactment of this title, and 
     monthly thereafter.
       (2) Cumulative assessment of agency rule making.--
       (A) In general.--Subsection (b) of section 652 of title 5, 
     United States Code, as added by subsection (a), shall take 
     effect on the date that is 60 days after the date of the 
     enactment of this title.
       (B) Deadline.--The first requirement to publish or make 
     available, as the case may be, under subsection (b) of 
     section 652 of title 5, United States Code, as added by 
     subsection (a), shall be the first October 1 after the 
     effective date of such subsection.
       (C) First publication.--The requirement under section 
     652(b)(2)(A) of title 5, United States Code, as added by 
     subsection (a), shall include for the first publication, any 
     analysis of the costs or benefits conducted for a proposed or 
     final rule, for the 10 years before the date of the enactment 
     of this title.
       (3) Requirement for rules to appear in agency-specific 
     monthly publication.--Section 653 of title 5, United States 
     Code, as added by subsection (a), shall take effect on the 
     date that is 8 months after the date of the enactment of this 
     title.

                TITLE II--REGULATORY ACCOUNTABILITY ACT

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Regulatory Accountability 
     Act of 2014''.

     SEC. 202. DEFINITIONS.

       Section 551 of title 5, United States Code, is amended--
       (1) in paragraph (13), by striking ``and'' at the end;
       (2) in paragraph (14), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(15) `major rule' means any rule that the Administrator 
     of the Office of Information and Regulatory Affairs 
     determines is likely to impose--
       ``(A) an annual cost on the economy of $100,000,000 or 
     more, adjusted annually for inflation;
       ``(B) a major increase in costs or prices for consumers, 
     individual industries, Federal, State, local, or tribal 
     government agencies, or geographic regions;
       ``(C) significant adverse effects on competition, 
     employment, investment, productivity, innovation, or on the 
     ability of United States-based enterprises to compete with 
     foreign-based enterprises in domestic and export markets; or
       ``(D) significant impacts on multiple sectors of the 
     economy;
       ``(16) `high-impact rule' means any rule that the 
     Administrator of the Office of Information and Regulatory 
     Affairs determines is likely to impose an annual cost on the 
     economy of $1,000,000,000 or more, adjusted annually for 
     inflation;
       ``(17) `negative-impact on jobs and wages rule' means any 
     rule that the agency that made the rule or the Administrator 
     of the Office of Information and Regulatory Affairs 
     determines is likely to--
       ``(A) in one or more sectors of the economy that has a 6-
     digit code under the North American Industry Classification 
     System, reduce employment not related to new regulatory 
     compliance by 1 percent or more annually during the 1-year, 
     5-year, or 10-year period after implementation;
       ``(B) in one or more sectors of the economy that has a 6-
     digit code under the North American Industry Classification 
     System, reduce average weekly wages for employment not 
     related to new regulatory compliance by 1 percent or more 
     annually during the 1-year, 5-year, or 10-year period after 
     implementation;
       ``(C) in any industry area (as such term is defined in the 
     Current Population Survey conducted by the Bureau of Labor 
     Statistics) in which the most recent annual unemployment rate 
     for the industry area is greater than 5 percent, as 
     determined by the Bureau of Labor Statistics in the Current 
     Population Survey, reduce employment not related to new 
     regulatory compliance during the first year after 
     implementation; or
       ``(D) in any industry area in which the Bureau of Labor 
     Statistics projects in the Occupational Employment Statistics 
     program that the employment level will decrease by 1 percent 
     or more, further reduce employment not related to new 
     regulatory compliance during the first year after 
     implementation;
       ``(18) `guidance' means an agency statement of general 
     applicability and future effect, other than a regulatory 
     action, that sets forth a policy on a statutory, regulatory 
     or technical issue or an interpretation of a statutory or 
     regulatory issue;
       ``(19) `major guidance' means guidance that the 
     Administrator of the Office of Information and Regulatory 
     Affairs finds is likely to lead to--
       ``(A) an annual cost on the economy of $100,000,000 or 
     more, adjusted annually for inflation;
       ``(B) a major increase in costs or prices for consumers, 
     individual industries, Federal, State, local or tribal 
     government agencies, or geographic regions;
       ``(C) significant adverse effects on competition, 
     employment, investment, productivity, innovation, or on the 
     ability of United States-based enterprises to compete with 
     foreign-based enterprises in domestic and export markets; or
       ``(D) significant impacts on multiple sectors of the 
     economy;

[[Page H7782]]

       ``(20) the `Information Quality Act' means section 515 of 
     Public Law 106-554, the Treasury and General Government 
     Appropriations Act for Fiscal Year 2001, and guidelines 
     issued by the Administrator of the Office of Information and 
     Regulatory Affairs or other agencies pursuant to the Act; and
       ``(21) the `Office of Information and Regulatory Affairs' 
     means the office established under section 3503 of chapter 35 
     of title 44 and any successor to that office.''.

     SEC. 203. RULE MAKING.

       (a) Section 553(a) of title 5, United States Code, is 
     amended by striking ``(a) This section applies'' and 
     inserting ``(a) Applicability.--This section applies''.
       (b) Section 553 of title 5, United States Code, is amended 
     by striking subsections (b) through (e) and inserting the 
     following:
       ``(b) Rule Making Considerations.--In a rule making, an 
     agency shall make all preliminary and final factual 
     determinations based on evidence and consider, in addition to 
     other applicable considerations, the following:
       ``(1) The legal authority under which a rule may be 
     proposed, including whether a rule making is required by 
     statute, and if so, whether by a specific date, or whether 
     the agency has discretion to commence a rule making.
       ``(2) Other statutory considerations applicable to whether 
     the agency can or should propose a rule or undertake other 
     agency action.
       ``(3) The specific nature and significance of the problem 
     the agency may address with a rule (including the degree and 
     nature of risks the problem poses and the priority of 
     addressing those risks compared to other matters or 
     activities within the agency's jurisdiction), whether the 
     problem warrants new agency action, and the countervailing 
     risks that may be posed by alternatives for new agency 
     action.
       ``(4) Whether existing rules have created or contributed to 
     the problem the agency may address with a rule and whether 
     those rules could be amended or rescinded to address the 
     problem in whole or part.
       ``(5) Any reasonable alternatives for a new rule or other 
     response identified by the agency or interested persons, 
     including not only responses that mandate particular conduct 
     or manners of compliance, but also--
       ``(A) the alternative of no Federal response;
       ``(B) amending or rescinding existing rules;
       ``(C) potential regional, State, local, or tribal 
     regulatory action or other responses that could be taken in 
     lieu of agency action; and
       ``(D) potential responses that--
       ``(i) specify performance objectives rather than conduct or 
     manners of compliance;
       ``(ii) establish economic incentives to encourage desired 
     behavior;
       ``(iii) provide information upon which choices can be made 
     by the public; or
       ``(iv) incorporate other innovative alternatives rather 
     than agency actions that specify conduct or manners of 
     compliance.
       ``(6) Notwithstanding any other provision of law--
       ``(A) the potential costs and benefits associated with 
     potential alternative rules and other responses considered 
     under section 553(b)(5), including direct, indirect, and 
     cumulative costs and benefits and estimated impacts on jobs 
     (including an estimate of the net gain or loss in domestic 
     jobs), wages, economic growth, innovation, and economic 
     competitiveness;
       ``(B) means to increase the cost-effectiveness of any 
     Federal response; and
       ``(C) incentives for innovation, consistency, 
     predictability, lower costs of enforcement and compliance (to 
     government entities, regulated entities, and the public), and 
     flexibility.
       ``(c) Advance Notice of Proposed Rule Making for Major 
     Rules, High-Impact Rules, Negative-Impact on Jobs and Wages 
     Rules, and Rules Involving Novel Legal or Policy Issues.--In 
     the case of a rule making for a major rule, a high-impact 
     rule, a negative-impact on jobs and wages rule, or a rule 
     that involves a novel legal or policy issue arising out of 
     statutory mandates, not later than 90 days before a notice of 
     proposed rule making is published in the Federal Register, an 
     agency shall publish advance notice of proposed rule making 
     in the Federal Register. In publishing such advance notice, 
     the agency shall--
       ``(1) include a written statement identifying, at a 
     minimum--
       ``(A) the nature and significance of the problem the agency 
     may address with a rule, including data and other evidence 
     and information on which the agency expects to rely for the 
     proposed rule;
       ``(B) the legal authority under which a rule may be 
     proposed, including whether a rule making is required by 
     statute, and if so, whether by a specific date, or whether 
     the agency has discretion to commence a rule making;
       ``(C) preliminary information available to the agency 
     concerning the other considerations specified in subsection 
     (b);
       ``(D) in the case of a rule that involves a novel legal or 
     policy issue arising out of statutory mandates, the nature of 
     and potential reasons to adopt the novel legal or policy 
     position upon which the agency may base a proposed rule; and
       ``(E) an achievable objective for the rule and metrics by 
     which the agency will measure progress toward that objective;
       ``(2) solicit written data, views or argument from 
     interested persons concerning the information and issues 
     addressed in the advance notice; and
       ``(3) provide for a period of not fewer than 60 days for 
     interested persons to submit such written data, views, or 
     argument to the agency.
       ``(d) Notices of Proposed Rule Making; Determinations of 
     Other Agency Course.--(1) Before it determines to propose a 
     rule, and following completion of procedures under subsection 
     (c), if applicable, the agency shall consult with the 
     Administrator of the Office of Information and Regulatory 
     Affairs. If the agency thereafter determines to propose a 
     rule, the agency shall publish a notice of proposed rule 
     making, which shall include--
       ``(A) a statement of the time, place, and nature of public 
     rule making proceedings;
       ``(B) reference to the legal authority under which the rule 
     is proposed;
       ``(C) the terms of the proposed rule;
       ``(D) a description of information known to the agency on 
     the subject and issues of the proposed rule, including but 
     not limited to--
       ``(i) a summary of information known to the agency 
     concerning the considerations specified in subsection (b);
       ``(ii) a summary of additional information the agency 
     provided to and obtained from interested persons under 
     subsection (c);
       ``(iii) a summary of any preliminary risk assessment or 
     regulatory impact analysis performed by the agency; and
       ``(iv) information specifically identifying all data, 
     studies, models, and other evidence or information considered 
     or used by the agency in connection with its determination to 
     propose the rule;
       ``(E)(i) a reasoned preliminary determination of need for 
     the rule based on the information described under 
     subparagraph (D);
       ``(ii) an additional statement of whether a rule is 
     required by statute; and
       ``(iii) an achievable objective for the rule and metrics by 
     which the agency will measure progress toward that objective;
       ``(F) a reasoned preliminary determination that the 
     benefits of the proposed rule meet the relevant statutory 
     objectives and justify the costs of the proposed rule 
     (including all costs to be considered under subsection 
     (b)(6)), based on the information described under 
     subparagraph (D);
       ``(G) a discussion of--
       ``(i) the alternatives to the proposed rule, and other 
     alternative responses, considered by the agency under 
     subsection (b);
       ``(ii) the costs and benefits of those alternatives 
     (including all costs to be considered under subsection 
     (b)(6));
       ``(iii) whether those alternatives meet relevant statutory 
     objectives; and
       ``(iv) why the agency did not propose any of those 
     alternatives; and
       ``(H)(i) a statement of whether existing rules have created 
     or contributed to the problem the agency seeks to address 
     with the proposed rule; and
       ``(ii) if so, whether or not the agency proposes to amend 
     or rescind any such rules, and why.

     All information provided to or considered by the agency, and 
     steps to obtain information by the agency, in connection with 
     its determination to propose the rule, including any 
     preliminary risk assessment or regulatory impact analysis 
     prepared by the agency and all other information prepared or 
     described by the agency under subparagraph (D) and, at the 
     discretion of the President or the Administrator of the 
     Office of Information and Regulatory Affairs, information 
     provided by that Office in consultations with the agency, 
     shall be placed in the docket for the proposed rule and made 
     accessible to the public by electronic means and otherwise 
     for the public's use when the notice of proposed rule making 
     is published.
       ``(2)(A) If the agency undertakes procedures under 
     subsection (c) and determines thereafter not to propose a 
     rule, the agency shall, following consultation with the 
     Office of Information and Regulatory Affairs, publish a 
     notice of determination of other agency course. A notice of 
     determination of other agency course shall include 
     information required by paragraph (1)(D) to be included in a 
     notice of proposed rule making and a description of the 
     alternative response the agency determined to adopt.
       ``(B) If in its determination of other agency course the 
     agency makes a determination to amend or rescind an existing 
     rule, the agency need not undertake additional proceedings 
     under subsection (c) before it publishes a notice of proposed 
     rule making to amend or rescind the existing rule.

     All information provided to or considered by the agency, and 
     steps to obtain information by the agency, in connection with 
     its determination of other agency course, including but not 
     limited to any preliminary risk assessment or regulatory 
     impact analysis prepared by the agency and all other 
     information that would be required to be prepared or 
     described by the agency under paragraph (1)(D) if the agency 
     had determined to publish a notice of proposed rule making 
     and, at the discretion of the President or the Administrator 
     of the Office of Information and Regulatory Affairs, 
     information provided by that Office in consultations with the 
     agency, shall be placed in the docket for the determination 
     and made accessible to the public by electronic means and 
     otherwise for the public's use when the notice of 
     determination is published.
       ``(3) After notice of proposed rule making required by this 
     section, the agency shall

[[Page H7783]]

     provide interested persons an opportunity to participate in 
     the rule making through submission of written data, views, or 
     arguments with or without opportunity for oral presentation, 
     except that--
       ``(A) if a hearing is required under paragraph (4)(B) or 
     subsection (e), opportunity for oral presentation shall be 
     provided pursuant to that requirement; or
       ``(B) when other than under subsection (e) of this section 
     rules are required by statute or at the discretion of the 
     agency to be made on the record after opportunity for an 
     agency hearing, sections 556 and 557 shall apply, and 
     paragraph (4), the requirements of subsection (e) to receive 
     comment outside of the procedures of sections 556 and 557, 
     and the petition procedures of subsection (e)(6) shall not 
     apply.

     The agency shall provide not fewer than 60 days for 
     interested persons to submit written data, views, or argument 
     (or 120 days in the case of a proposed major or high-impact 
     rule).
       ``(4)(A) Within 30 days of publication of notice of 
     proposed rule making, a member of the public may petition for 
     a hearing in accordance with section 556 to determine whether 
     any evidence or other information upon which the agency bases 
     the proposed rule fails to comply with the Information 
     Quality Act.
       ``(B)(i) The agency may, upon review of the petition, 
     determine without further process to exclude from the rule 
     making the evidence or other information that is the subject 
     of the petition and, if appropriate, withdraw the proposed 
     rule. The agency shall promptly publish any such 
     determination.
       ``(ii) If the agency does not resolve the petition under 
     the procedures of clause (i), it shall grant any such 
     petition that presents a prima facie case that evidence or 
     other information upon which the agency bases the proposed 
     rule fails to comply with the Information Quality Act, hold 
     the requested hearing not later than 30 days after receipt of 
     the petition, provide a reasonable opportunity for cross-
     examination at the hearing, and decide the issues presented 
     by the petition not later than 60 days after receipt of the 
     petition. The agency may deny any petition that it determines 
     does not present such a prima facie case.
       ``(C) There shall be no judicial review of the agency's 
     disposition of issues considered and decided or determined 
     under subparagraph (B)(ii) until judicial review of the 
     agency's final action. There shall be no judicial review of 
     an agency's determination to withdraw a proposed rule under 
     subparagraph (B)(i) on the basis of the petition.
       ``(D) Failure to petition for a hearing under this 
     paragraph shall not preclude judicial review of any claim 
     based on the Information Quality Act under chapter 7 of this 
     title.
       ``(e) Hearings for High-Impact Rules.--Following notice of 
     a proposed rule making, receipt of comments on the proposed 
     rule, and any hearing held under subsection (d)(4), and 
     before adoption of any high-impact rule, the agency shall 
     hold a hearing in accordance with sections 556 and 557, 
     unless such hearing is waived by all participants in the rule 
     making other than the agency. The agency shall provide a 
     reasonable opportunity for cross-examination at such hearing. 
     The hearing shall be limited to the following issues of fact, 
     except that participants at the hearing other than the agency 
     may waive determination of any such issue:
       ``(1) Whether the agency's asserted factual predicate for 
     the rule is supported by the evidence.
       ``(2) Whether there is an alternative to the proposed rule 
     that would achieve the relevant statutory objectives at a 
     lower cost (including all costs to be considered under 
     subsection (b)(6)) than the proposed rule.
       ``(3) If there is more than one alternative to the proposed 
     rule that would achieve the relevant statutory objectives at 
     a lower cost than the proposed rule, which alternative would 
     achieve the relevant statutory objectives at the lowest cost.
       ``(4) Whether, if the agency proposes to adopt a rule that 
     is more costly than the least costly alternative that would 
     achieve the relevant statutory objectives (including all 
     costs to be considered under subsection (b)(6)), the 
     additional benefits of the more costly rule exceed the 
     additional costs of the more costly rule.
       ``(5) Whether the evidence and other information upon which 
     the agency bases the proposed rule meets the requirements of 
     the Information Quality Act.
       ``(6) Upon petition by an interested person who has 
     participated in the rule making, other issues relevant to the 
     rule making, unless the agency determines that consideration 
     of the issues at the hearing would not advance consideration 
     of the rule or would, in light of the nature of the need for 
     agency action, unreasonably delay completion of the rule 
     making. An agency shall grant or deny a petition under this 
     paragraph within 30 days of its receipt of the petition.

     No later than 45 days before any hearing held under this 
     subsection or sections 556 and 557, the agency shall publish 
     in the Federal Register a notice specifying the proposed rule 
     to be considered at such hearing, the issues to be considered 
     at the hearing, and the time and place for such hearing, 
     except that such notice may be issued not later than 15 days 
     before a hearing held under subsection (d)(4)(B).
       ``(f) Final Rules.--(1) The agency shall adopt a rule only 
     following consultation with the Administrator of the Office 
     of Information and Regulatory Affairs to facilitate 
     compliance with applicable rule making requirements.
       ``(2) The agency shall adopt a rule only on the basis of 
     the best reasonably obtainable scientific, technical, 
     economic, and other evidence and information concerning the 
     need for, consequences of, and alternatives to the rule.
       ``(3)(A) Except as provided in subparagraph (B), the agency 
     shall adopt the least costly rule considered during the rule 
     making (including all costs to be considered under subsection 
     (b)(6)) that meets relevant statutory objectives.
       ``(B) The agency may adopt a rule that is more costly than 
     the least costly alternative that would achieve the relevant 
     statutory objectives only if the additional benefits of the 
     more costly rule justify its additional costs and only if the 
     agency explains its reason for doing so based on interests of 
     public health, safety or welfare that are clearly within the 
     scope of the statutory provision authorizing the rule.
       ``(4) When it adopts a final rule, the agency shall publish 
     a notice of final rule making. The notice shall include--
       ``(A) a concise, general statement of the rule's basis and 
     purpose;
       ``(B) the agency's reasoned final determination of need for 
     a rule to address the problem the agency seeks to address 
     with the rule, including a statement of whether a rule is 
     required by statute and a summary of any final risk 
     assessment or regulatory impact analysis prepared by the 
     agency;
       ``(C) the agency's reasoned final determination that the 
     benefits of the rule meet the relevant statutory objectives 
     and justify the rule's costs (including all costs to be 
     considered under subsection (b)(6));
       ``(D) the agency's reasoned final determination not to 
     adopt any of the alternatives to the proposed rule considered 
     by the agency during the rule making, including--
       ``(i) the agency's reasoned final determination that no 
     alternative considered achieved the relevant statutory 
     objectives with lower costs (including all costs to be 
     considered under subsection (b)(6)) than the rule; or
       ``(ii) the agency's reasoned determination that its 
     adoption of a more costly rule complies with subsection 
     (f)(3)(B);
       ``(E) the agency's reasoned final determination--
       ``(i) that existing rules have not created or contributed 
     to the problem the agency seeks to address with the rule; or
       ``(ii) that existing rules have created or contributed to 
     the problem the agency seeks to address with the rule, and, 
     if so--
       ``(I) why amendment or rescission of such existing rules is 
     not alone sufficient to respond to the problem; and
       ``(II) whether and how the agency intends to amend or 
     rescind the existing rule separate from adoption of the rule;
       ``(F) the agency's reasoned final determination that the 
     evidence and other information upon which the agency bases 
     the rule complies with the Information Quality Act;
       ``(G) the agency's reasoned final determination that the 
     rule meets the objectives that the agency identified in 
     subsection (d)(1)(E)(iii) or that other objectives are more 
     appropriate in light of the full administrative record and 
     the rule meets those objectives;
       ``(H) the agency's reasoned final determination that it did 
     not deviate from the metrics the agency included in 
     subsection (d)(1)(E)(iii) or that other metrics are more 
     appropriate in light of the full administrative record and 
     the agency did not deviate from those metrics;
       ``(I)(i) for any major rule, high-impact rule, or negative-
     impact on jobs and wages rule, the agency's plan for review 
     of the rule no less than every ten years to determine 
     whether, based upon evidence, there remains a need for the 
     rule, whether the rule is in fact achieving statutory 
     objectives, whether the rule's benefits continue to justify 
     its costs, and whether the rule can be modified or rescinded 
     to reduce costs while continuing to achieve statutory 
     objectives; and
       ``(ii) review of a rule under a plan required by clause (i) 
     of this subparagraph shall take into account the factors and 
     criteria set forth in subsections (b) through (f) of section 
     553 of this title; and
       ``(J) for any negative-impact on jobs and wages rule, a 
     statement that the head of the agency that made the rule 
     approved the rule knowing about the findings and 
     determination of the agency or the Administrator of the 
     Office of Information and Regulatory Affairs that qualified 
     the rule as a negative impact on jobs and wages rule.

     All information considered by the agency in connection with 
     its adoption of the rule, and, at the discretion of the 
     President or the Administrator of the Office of Information 
     and Regulatory Affairs, information provided by that Office 
     in consultations with the agency, shall be placed in the 
     docket for the rule and made accessible to the public for the 
     public's use no later than when the rule is adopted.
       ``(g) Exceptions From Notice and Hearing Requirements.--(1) 
     Except when notice or hearing is required by statute, the 
     following do not apply to interpretive rules, general 
     statements of policy, or rules of agency organization, 
     procedure, or practice:
       ``(A) Subsections (c) through (e).
       ``(B) Paragraphs (1) through (3) of subsection (f).

[[Page H7784]]

       ``(C) Subparagraphs (B) through (H) of subsection (f)(4).
       ``(2)(A) When the agency for good cause, based upon 
     evidence, finds (and incorporates the finding and a brief 
     statement of reasons therefor in the rules issued) that 
     compliance with subsection (c), (d), or (e) or requirements 
     to render final determinations under subsection (f) of this 
     section before the issuance of an interim rule is 
     impracticable or contrary to the public interest, including 
     interests of national security, such subsections or 
     requirements to render final determinations shall not apply 
     to the agency's adoption of an interim rule.
       ``(B) If, following compliance with subparagraph (A) of 
     this paragraph, the agency adopts an interim rule, it shall 
     commence proceedings that comply fully with subsections (d) 
     through (f) of this section immediately upon publication of 
     the interim rule, shall treat the publication of the interim 
     rule as publication of a notice of proposed rule making and 
     shall not be required to issue supplemental notice other than 
     to complete full compliance with subsection (d). No less than 
     270 days from publication of the interim rule (or 18 months 
     in the case of a major rule or high-impact rule), the agency 
     shall complete rule making under subsections (d) through (f) 
     of this subsection and take final action to adopt a final 
     rule or rescind the interim rule. If the agency fails to take 
     timely final action, the interim rule will cease to have the 
     effect of law.
       ``(C) Other than in cases involving interests of national 
     security, upon the agency's publication of an interim rule 
     without compliance with subsection (c), (d), or (e) or 
     requirements to render final determinations under subsection 
     (f) of this section, an interested party may seek immediate 
     judicial review under chapter 7 of this title of the agency's 
     determination to adopt such interim rule. The record on such 
     review shall include all documents and information considered 
     by the agency and any additional information presented by a 
     party that the court determines necessary to consider to 
     assure justice.
       ``(3) When the agency for good cause finds (and 
     incorporates the finding and a brief statement of reasons 
     therefor in the rules issued) that notice and public 
     procedure thereon are unnecessary, including because agency 
     rule making is undertaken only to correct a de minimis 
     technical or clerical error in a previously issued rule or 
     for other noncontroversial purposes, the agency may publish a 
     rule without compliance with subsection (c), (d), (e), or 
     (f)(1)-(3) and (f)(4)(B)-(F). If the agency receives 
     significant adverse comment within 60 days after publication 
     of the rule, it shall treat the notice of the rule as a 
     notice of proposed rule making and complete rule making in 
     compliance with subsections (d) and (f).
       ``(h) Additional Requirements for Hearings.--When a hearing 
     is required under subsection (e) or is otherwise required by 
     statute or at the agency's discretion before adoption of a 
     rule, the agency shall comply with the requirements of 
     sections 556 and 557 in addition to the requirements of 
     subsection (f) in adopting the rule and in providing notice 
     of the rule's adoption.
       ``(i) Date of Publication of Rule.--The required 
     publication or service of a substantive final or interim rule 
     shall be made not less than 30 days before the effective date 
     of the rule, except--
       ``(1) a substantive rule which grants or recognizes an 
     exemption or relieves a restriction;
       ``(2) interpretive rules and statements of policy; or
       ``(3) as otherwise provided by the agency for good cause 
     found and published with the rule.
       ``(j) Right To Petition.--Each agency shall give an 
     interested person the right to petition for the issuance, 
     amendment, or repeal of a rule.
       ``(k) Rule Making Guidelines.--(1)(A) The Administrator of 
     the Office of Information and Regulatory Affairs shall 
     establish guidelines for the assessment, including 
     quantitative and qualitative assessment, of the costs and 
     benefits of proposed and final rules and other economic 
     issues or issues related to risk that are relevant to rule 
     making under this title. The rigor of cost-benefit analysis 
     required by such guidelines shall be commensurate, in the 
     Administrator's determination, with the economic impact of 
     the rule.
       ``(B) To ensure that agencies use the best available 
     techniques to quantify and evaluate anticipated present and 
     future benefits, costs, other economic issues, and risks as 
     accurately as possible, the Administrator of the Office of 
     Information and Regulatory Affairs shall regularly update 
     guidelines established under paragraph (1)(A) of this 
     subsection.
       ``(2) The Administrator of the Office of Information and 
     Regulatory Affairs shall also issue guidelines to promote 
     coordination, simplification and harmonization of agency 
     rules during the rule making process and otherwise. Such 
     guidelines shall assure that each agency avoids regulations 
     that are inconsistent or incompatible with, or duplicative 
     of, its other regulations and those of other Federal agencies 
     and drafts its regulations to be simple and easy to 
     understand, with the goal of minimizing the potential for 
     uncertainty and litigation arising from such uncertainty.
       ``(3) To ensure consistency in Federal rule making, the 
     Administrator of the Office of Information and Regulatory 
     Affairs shall--
       ``(A) issue guidelines and otherwise take action to ensure 
     that rule makings conducted in whole or in part under 
     procedures specified in provisions of law other than those of 
     subchapter II of this title conform to the fullest extent 
     allowed by law with the procedures set forth in section 553 
     of this title; and
       ``(B) issue guidelines for the conduct of hearings under 
     subsections 553(d)(4) and 553(e) of this section, including 
     to assure a reasonable opportunity for cross-examination. 
     Each agency shall adopt regulations for the conduct of 
     hearings consistent with the guidelines issued under this 
     subparagraph.
       ``(4) The Administrator of the Office of Information and 
     Regulatory Affairs shall issue guidelines pursuant to the 
     Information Quality Act to apply in rule making proceedings 
     under sections 553, 556, and 557 of this title. In all cases, 
     such guidelines, and the Administrator's specific 
     determinations regarding agency compliance with such 
     guidelines, shall be entitled to judicial deference.
       ``(l) Inclusion in the Record of Certain Documents and 
     Information.--The agency shall include in the record for a 
     rule making, and shall make available by electronic means and 
     otherwise, all documents and information prepared or 
     considered by the agency during the proceeding, including, at 
     the discretion of the President or the Administrator of the 
     Office of Information and Regulatory Affairs, documents and 
     information communicated by that Office during consultation 
     with the Agency.
       ``(m) Monetary Policy Exemption.--Nothing in subsection 
     (b)(6), subparagraphs (F) and (G) of subsection (d)(1), 
     subsection (e), subsection (f)(3), and subparagraphs (C) and 
     (D) of subsection (f)(5) shall apply to rule makings that 
     concern monetary policy proposed or implemented by the Board 
     of Governors of the Federal Reserve System or the Federal 
     Open Market Committee.''.

     SEC. 204. AGENCY GUIDANCE; PROCEDURES TO ISSUE MAJOR 
                   GUIDANCE; PRESIDENTIAL AUTHORITY TO ISSUE 
                   GUIDELINES FOR ISSUANCE OF GUIDANCE.

       (a) In General.--Chapter 5 of title 5, United States Code, 
     is amended by inserting after section 553 the following new 
     section:

     ``Sec. 553a. Agency guidance; procedures to issue major 
       guidance; authority to issue guidelines for issuance of 
       guidance

       ``(a) Before issuing any major guidance, or guidance that 
     involves a novel legal or policy issue arising out of 
     statutory mandates, an agency shall--
       ``(1) make and document a reasoned determination that--
       ``(A) assures that such guidance is understandable and 
     complies with relevant statutory objectives and regulatory 
     provisions (including any statutory deadlines for agency 
     action);
       ``(B) summarizes the evidence and data on which the agency 
     will base the guidance;
       ``(C) identifies the costs and benefits (including all 
     costs to be considered during a rule making under section 
     553(b) of this title) of conduct conforming to such guidance 
     and assures that such benefits justify such costs; and
       ``(D) describes alternatives to such guidance and their 
     costs and benefits (including all costs to be considered 
     during a rule making under section 553(b) of this title) and 
     explains why the agency rejected those alternatives; and
       ``(2) confer with the Administrator of the Office of 
     Information and Regulatory Affairs on the issuance of such 
     guidance to assure that the guidance is reasonable, 
     understandable, consistent with relevant statutory and 
     regulatory provisions and requirements or practices of other 
     agencies, does not produce costs that are unjustified by the 
     guidance's benefits, and is otherwise appropriate.

     Upon issuing major guidance, or guidance that involves a 
     novel legal or policy issue arising out of statutory 
     mandates, the agency shall publish the documentation required 
     by subparagraph (1) by electronic means and otherwise.

       ``(b) Agency guidance--
       ``(1) is not legally binding and may not be relied upon by 
     an agency as legal grounds for agency action;
       ``(2) shall state in a plain, prominent and permanent 
     manner that it is not legally binding; and
       ``(3) shall, at the time it is issued or upon request, be 
     made available by the issuing agency to interested persons 
     and the public by electronic means and otherwise.
     Agencies shall avoid the issuance of guidance that is 
     inconsistent or incompatible with, or duplicative of, the 
     agency's governing statutes or regulations, with the goal of 
     minimizing the potential for uncertainty and litigation 
     arising from such uncertainty.
       ``(c) The Administrator of the Office of Information and 
     Regulatory Affairs shall have authority to issue guidelines 
     for use by the agencies in the issuance of major guidance and 
     other guidance. Such guidelines shall assure that each agency 
     avoids issuing guidance documents that are inconsistent or 
     incompatible with, or duplicative of, the law, its other 
     regulations, or the regulations of other Federal agencies and 
     drafts its guidance documents to be simple and easy to 
     understand, with the goal of minimizing the potential for 
     uncertainty and litigation arising from such uncertainty.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     5 of title 5, United States Code, is amended by inserting 
     after the item relating to section 553 the following new 
     item:


[[Page H7785]]


``553a. Agency guidance; procedures to issue major guidance; 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.

       Section 556 of title 5, United States Code, is amended by 
     striking subsection (e) and inserting the following:
       ``(e)(1) The transcript of testimony and exhibits, together 
     with all papers and requests filed in the proceeding, 
     constitutes the exclusive record for decision in accordance 
     with section 557 and shall be made available to the parties 
     and the public by electronic means and, upon payment of 
     lawfully prescribed costs, otherwise. When an agency decision 
     rests on official notice of a material fact not appearing in 
     the evidence in the record, a party is entitled, on timely 
     request, to an opportunity to show the contrary.
       ``(2) Notwithstanding paragraph (1) of this subsection, in 
     a proceeding held under this section pursuant to section 
     553(d)(4) or 553(e), the record for decision shall also 
     include any information that is part of the record of 
     proceedings under section 553.
       ``(f) When an agency conducts rule making under this 
     section and section 557 directly after concluding proceedings 
     upon an advance notice of proposed rule making under section 
     553(c), the matters to be considered and determinations to be 
     made shall include, among other relevant matters and 
     determinations, the matters and determinations described in 
     subsections (b) and (f) of section 553.
       ``(g) Upon receipt of a petition for a hearing under this 
     section, the agency shall grant the petition in the case of 
     any major rule, unless the agency reasonably determines that 
     a hearing would not advance consideration of the rule or 
     would, in light of the need for agency action, unreasonably 
     delay completion of the rule making. The agency shall publish 
     its decision to grant or deny the petition when it renders 
     the decision, including an explanation of the grounds for 
     decision. The information contained in the petition shall in 
     all cases be included in the administrative record. This 
     subsection shall not apply to rule makings that concern 
     monetary policy proposed or implemented by the Board of 
     Governors of the Federal Reserve System or the Federal Open 
     Market Committee.''.

     SEC. 206. ACTIONS REVIEWABLE.

       Section 704 of title 5, United States Code, is amended--
       (1) by striking ``Agency action made'' and inserting ``(a) 
     Agency action made''; and
       (2) by adding at the end the following: ``Denial by an 
     agency of a correction request or, where administrative 
     appeal is provided for, denial of an appeal, under an 
     administrative mechanism described in subsection (b)(2)(B) of 
     the Information Quality Act, or the failure of an agency 
     within 90 days to grant or deny such request or appeal, shall 
     be final action for purposes of this section.
       ``(b) Other than in cases involving interests of national 
     security, notwithstanding subsection (a) of this section, 
     upon the agency's publication of an interim rule without 
     compliance with section 553(c), (d), or (e) or requirements 
     to render final determinations under subsection (f) of 
     section 553, an interested party may seek immediate judicial 
     review under this chapter of the agency's determination to 
     adopt such rule on an interim basis. Review shall be limited 
     to whether the agency abused its discretion to adopt the 
     interim rule without compliance with section 553(c), (d), or 
     (e) or without rendering final determinations under 
     subsection (f) of section 553.''.

     SEC. 207. SCOPE OF REVIEW.

       Section 706 of title 5, United States Code is amended--
       (1) by striking ``To the extent necessary'' and inserting 
     ``(a) To the extent necessary'';
       (2) in paragraph (2)(A) of subsection (a) (as designated by 
     paragraph (1) of this section), by inserting after ``in 
     accordance with law'' the following: ``(including the 
     Information Quality Act)''; and
       (3) by adding at the end the following:
       ``(b) The court shall not defer to the agency's--
       ``(1) interpretation of an agency rule if the agency did 
     not comply with the procedures of section 553 or sections 
     556-557 of chapter 5 of this title to issue the 
     interpretation;
       ``(2) determination of the costs and benefits or other 
     economic or risk assessment of the action, if the agency 
     failed to conform to guidelines on such determinations and 
     assessments established by the Administrator of the Office of 
     Information and Regulatory Affairs under section 553(k);
       ``(3) determinations made in the adoption of an interim 
     rule; or
       ``(4) guidance.
       ``(c) The court shall review agency denials of petitions 
     under section 553(e)(6) or any other petition for a hearing 
     under sections 556 and 557 for abuse of agency discretion.''.

     SEC. 208. ADDED DEFINITION.

       Section 701(b) of title 5, United States Code, is amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2), by striking the period at the end, 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) `substantial evidence' means such relevant evidence 
     as a reasonable mind might accept as adequate to support a 
     conclusion in light of the record considered as a whole, 
     taking into account whatever in the record fairly detracts 
     from the weight of the evidence relied upon by the agency to 
     support its decision.''.

     SEC. 209. EFFECTIVE DATE.

       The amendments made by this title to--
       (1) sections 553, 556, and 704 of title 5, United States 
     Code;
       (2) subsection (b) of section 701 of such title;
       (3) paragraphs (2) and (3) of section 706(b) of such title; 
     and
       (4) subsection (c) of section 706 of such title,

     shall not apply to any rule makings pending or completed on 
     the date of enactment of this title.

           TITLE III--REGULATORY FLEXIBILITY IMPROVEMENTS ACT

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Regulatory Flexibility 
     Improvements Act of 2014''.

     SEC. 302. CLARIFICATION AND EXPANSION OF RULES COVERED BY THE 
                   REGULATORY FLEXIBILITY ACT.

       (a) In General.--Paragraph (2) of section 601 of title 5, 
     United States Code, is amended to read as follows:
       ``(2) Rule.--The term `rule' has the meaning given such 
     term in section 551(4) of this title, except that such term 
     does not include a rule pertaining to the protection of the 
     rights of and benefits for veterans or a rule of particular 
     (and not general) applicability relating to rates, wages, 
     corporate or financial structures or reorganizations thereof, 
     prices, facilities, appliances, services, or allowances 
     therefor or to valuations, costs or accounting, or practices 
     relating to such rates, wages, structures, prices, 
     appliances, services, or allowances.''.
       (b) Inclusion of Rules With Indirect Effects.--Section 601 
     of title 5, United States Code, is amended by adding at the 
     end the following new paragraph:
       ``(9) Economic impact.--The term `economic impact' means, 
     with respect to a proposed or final rule--
       ``(A) any direct economic effect on small entities of such 
     rule; and
       ``(B) any indirect economic effect (including compliance 
     costs and effects on revenue) on small entities which is 
     reasonably foreseeable and results from such rule (without 
     regard to whether small entities will be directly regulated 
     by the rule).''.
       (c) Inclusion of Rules With Beneficial Effects.--
       (1) Initial regulatory flexibility analysis.--Subsection 
     (c) of section 603 of title 5, United States Code, is amended 
     by striking the first sentence and inserting ``Each initial 
     regulatory flexibility analysis shall also contain a detailed 
     description of alternatives to the proposed rule which 
     minimize any adverse significant economic impact or maximize 
     any beneficial significant economic impact on small 
     entities.''.
       (2) Final regulatory flexibility analysis.--The first 
     paragraph (6) of section 604(a) of title 5, United States 
     Code, is amended by striking ``minimize the significant 
     economic impact'' and inserting ``minimize the adverse 
     significant economic impact or maximize the beneficial 
     significant economic impact''.
       (d) Inclusion of Rules Affecting Tribal Organizations.--
     Paragraph (5) of section 601 of title 5, United States Code, 
     is amended by inserting ``and tribal organizations (as 
     defined in section 4(l) of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b(l))),'' after 
     ``special districts,''.
       (e) Inclusion of Land Management Plans and Formal 
     Rulemaking.--
       (1) Initial regulatory flexibility analysis.--Subsection 
     (a) of section 603 of title 5, United States Code, is amended 
     in the first sentence--
       (A) by striking ``or'' after ``proposed rule,''; and
       (B) by inserting ``or publishes a revision or amendment to 
     a land management plan,'' after ``United States,''.
       (2) Final regulatory flexibility analysis.--Subsection (a) 
     of section 604 of title 5, United States Code, is amended in 
     the first sentence--
       (A) by striking ``or'' after ``proposed rulemaking,''; and
       (B) by inserting ``or adopts a revision or amendment to a 
     land management plan,'' after ``section 603(a),''.
       (3) Land management plan defined.--Section 601 of title 5, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(10) Land management plan.--
       ``(A) In general.--The term `land management plan' means--
       ``(i) any plan developed by the Secretary of Agriculture 
     under section 6 of the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1604); and
       ``(ii) any plan developed by the Secretary of the Interior 
     under section 202 of the Federal Land Policy and Management 
     Act of 1976 (43 U.S.C. 1712).
       ``(B) Revision.--The term `revision' means any change to a 
     land management plan which--
       ``(i) in the case of a plan described in subparagraph 
     (A)(i), is made under section 6(f)(5) of the Forest and 
     Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
     1604(f)(5)); or
       ``(ii) in the case of a plan described in subparagraph 
     (A)(ii), is made under section 1610.5-6 of title 43, Code of 
     Federal Regulations (or any successor regulation).

[[Page H7786]]

       ``(C) Amendment.--The term `amendment' means any change to 
     a land management plan which--
       ``(i) in the case of a plan described in subparagraph 
     (A)(i), is made under section 6(f)(4) of the Forest and 
     Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
     1604(f)(4)) and with respect to which the Secretary of 
     Agriculture prepares a statement described in section 
     102(2)(C) of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4332(2)(C)); or
       ``(ii) in the case of a plan described in subparagraph 
     (A)(ii), is made under section 1610.5-5 of title 43, Code of 
     Federal Regulations (or any successor regulation) and with 
     respect to which the Secretary of the Interior prepares a 
     statement described in section 102(2)(C) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).''.
       (f) Inclusion of Certain Interpretive Rules Involving the 
     Internal Revenue Laws.--
       (1) In general.--Subsection (a) of section 603 of title 5, 
     United States Code, is amended by striking the period at the 
     end and inserting ``or a recordkeeping requirement, and 
     without regard to whether such requirement is imposed by 
     statute or regulation.''.
       (2) Collection of information.--Paragraph (7) of section 
     601 of title 5, United States Code, is amended to read as 
     follows:
       ``(7) Collection of information.--The term `collection of 
     information' has the meaning given such term in section 
     3502(3) of title 44.''.
       (3) Recordkeeping requirement.--Paragraph (8) of section 
     601 of title 5, United States Code, is amended to read as 
     follows:
       ``(8) Recordkeeping requirement.--The term `recordkeeping 
     requirement' has the meaning given such term in section 
     3502(13) of title 44.''.
       (g) Definition of Small Organization.--Paragraph (4) of 
     section 601 of title 5, United States Code, is amended to 
     read as follows:
       ``(4) Small organization.--
       ``(A) In general.--The term `small organization' means any 
     not-for-profit enterprise which, as of the issuance of the 
     notice of proposed rulemaking--
       ``(i) in the case of an enterprise which is described by a 
     classification code of the North American Industrial 
     Classification System, does not exceed the size standard 
     established by the Administrator of the Small Business 
     Administration pursuant to section 3 of the Small Business 
     Act (15 U.S.C. 632) for small business concerns described by 
     such classification code; and
       ``(ii) in the case of any other enterprise, has a net worth 
     that does not exceed $7,000,000 and has not more than 500 
     employees.
       ``(B) Local labor organizations.--In the case of any local 
     labor organization, subparagraph (A) shall be applied without 
     regard to any national or international organization of which 
     such local labor organization is a part.
       ``(C) Agency definitions.--Subparagraphs (A) and (B) shall 
     not apply to the extent that an agency, after consultation 
     with the Office of Advocacy of the Small Business 
     Administration and after opportunity for public comment, 
     establishes one or more definitions for such term which are 
     appropriate to the activities of the agency and publishes 
     such definitions in the Federal Register.''.

     SEC. 303. EXPANSION OF REPORT OF REGULATORY AGENDA.

       Section 602 of title 5, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``, and'' at the end and 
     inserting ``;'';
       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by inserting after paragraph (2) the following:
       ``(3) a brief description of the sector of the North 
     American Industrial Classification System that is primarily 
     affected by any rule which the agency expects to propose or 
     promulgate which is likely to have a significant economic 
     impact on a substantial number of small entities; and''; and
       (2) in subsection (c), to read as follows:
       ``(c) Each agency shall prominently display a plain 
     language summary of the information contained in the 
     regulatory flexibility agenda published under subsection (a) 
     on its website within 3 days of its publication in the 
     Federal Register. The Office of Advocacy of the Small 
     Business Administration shall compile and prominently display 
     a plain language summary of the regulatory agendas referenced 
     in subsection (a) for each agency on its website within 3 
     days of their publication in the Federal Register.''.

     SEC. 304. REQUIREMENTS PROVIDING FOR MORE DETAILED ANALYSES.

       (a) Initial Regulatory Flexibility Analysis.--Subsection 
     (b) of section 603 of title 5, United States Code, is amended 
     to read as follows:
       ``(b) Each initial regulatory flexibility analysis required 
     under this section shall contain a detailed statement--
       ``(1) describing the reasons why action by the agency is 
     being considered;
       ``(2) describing the objectives of, and legal basis for, 
     the proposed rule;
       ``(3) estimating the number and type of small entities to 
     which the proposed rule will apply;
       ``(4) describing the projected reporting, recordkeeping, 
     and other compliance requirements of the proposed rule, 
     including an estimate of the classes of small entities which 
     will be subject to the requirement and the type of 
     professional skills necessary for preparation of the report 
     and record;
       ``(5) describing all relevant Federal rules which may 
     duplicate, overlap, or conflict with the proposed rule, or 
     the reasons why such a description could not be provided;
       ``(6) estimating the additional cumulative economic impact 
     of the proposed rule on small entities beyond that already 
     imposed on the class of small entities by the agency or why 
     such an estimate is not available;
       ``(7) describing any disproportionate economic impact on 
     small entities or a specific class of small entities; and
       ``(8) describing any impairment of the ability of small 
     entities to have access to credit.''.
       (b) Final Regulatory Flexibility Analysis.--
       (1) In general.--Section 604(a) of title 5, United States 
     Code, is amended--
       (A) in paragraph (4), by striking ``an explanation'' and 
     inserting ``a detailed explanation'';
       (B) in each of paragraphs (4), (5), and the first paragraph 
     (6), by inserting ``detailed'' before ``description'';
       (C) in the second paragraph (6), by striking the period and 
     inserting ``; and'';
       (D) by redesignating the second paragraph (6) as paragraph 
     (7); and
       (E) by adding at the end the following:
       ``(8) a detailed description of any disproportionate 
     economic impact on small entities or a specific class of 
     small entities.''.
       (2) Inclusion of response to comments on certification of 
     proposed rule.--Paragraph (2) of section 604(a) of title 5, 
     United States Code, is amended by inserting ``(or 
     certification of the proposed rule under section 605(b))'' 
     after ``initial regulatory flexibility analysis''.
       (3) Publication of analysis on website.--Subsection (b) of 
     section 604 of title 5, United States Code, is amended to 
     read as follows:
       ``(b) The agency shall make copies of the final regulatory 
     flexibility analysis available to the public, including 
     placement of the entire analysis on the agency's website, and 
     shall publish in the Federal Register the final regulatory 
     flexibility analysis, or a summary thereof which includes the 
     telephone number, mailing address, and link to the website 
     where the complete analysis may be obtained.''.
       (c) Cross-References to Other Analyses.--Subsection (a) of 
     section 605 of title 5, United States Code, is amended to 
     read as follows:
       ``(a) A Federal agency shall be treated as satisfying any 
     requirement regarding the content of an agenda or regulatory 
     flexibility analysis under section 602, 603, or 604, if such 
     agency provides in such agenda or analysis a cross-reference 
     to the specific portion of another agenda or analysis which 
     is required by any other law and which satisfies such 
     requirement.''.
       (d) Certifications.--Subsection (b) of section 605 of title 
     5, United States Code, is amended--
       (1) by inserting ``detailed'' before ``statement'' the 
     first place it appears; and
       (2) by inserting ``and legal'' after ``factual''.
       (e) Quantification Requirements.--Section 607 of title 5, 
     United States Code, is amended to read as follows:

     ``Sec. 607. Quantification requirements

       ``In complying with sections 603 and 604, an agency shall 
     provide--
       ``(1) a quantifiable or numerical description of the 
     effects of the proposed or final rule and alternatives to the 
     proposed or final rule; or
       ``(2) a more general descriptive statement and a detailed 
     statement explaining why quantification is not practicable or 
     reliable.''.

     SEC. 305. REPEAL OF WAIVER AND DELAY AUTHORITY; ADDITIONAL 
                   POWERS OF THE CHIEF COUNSEL FOR ADVOCACY.

       (a) In General.--Section 608 is amended to read as follows:

     ``Sec. 608. Additional powers of Chief Counsel for Advocacy

       ``(a)(1) Not later than 270 days after the date of the 
     enactment of this section, the Chief Counsel for Advocacy of 
     the Small Business Administration shall, after opportunity 
     for notice and comment under section 553, issue rules 
     governing agency compliance with this chapter. The Chief 
     Counsel may modify or amend such rules after notice and 
     comment under section 553. This chapter (other than this 
     subsection) shall not apply with respect to the issuance, 
     modification, and amendment of rules under this paragraph.
       ``(2) An agency shall not issue rules which supplement the 
     rules issued under subsection (a) unless such agency has 
     first consulted with the Chief Counsel for Advocacy to ensure 
     that such supplemental rules comply with this chapter and the 
     rules issued under paragraph (1).
       ``(b) Notwithstanding any other law, the Chief Counsel for 
     Advocacy of the Small Business Administration may intervene 
     in any agency adjudication (unless such agency is authorized 
     to impose a fine or penalty under such adjudication), and may 
     inform the agency of the impact that any decision on the 
     record may have on small entities. The Chief Counsel shall 
     not initiate an appeal with respect to any adjudication in 
     which the Chief Counsel intervenes under this subsection.
       ``(c) The Chief Counsel for Advocacy may file comments in 
     response to any agency notice requesting comment, regardless 
     of

[[Page H7787]]

     whether the agency is required to file a general notice of 
     proposed rulemaking under section 553.''.
       (b) Conforming Amendments.--
       (1) Section 611(a)(1) of such title is amended by striking 
     ``608(b),''.
       (2) Section 611(a)(2) of such title is amended by striking 
     ``608(b),''.
       (3) Section 611(a)(3) of such title is amended--
       (A) by striking subparagraph (B); and
       (B) by striking ``(3)(A) A small entity'' and inserting the 
     following:
       ``(3) A small entity''.

     SEC. 306. PROCEDURES FOR GATHERING COMMENTS.

       Section 609 of title 5, United States Code, is amended by 
     striking subsection (b) and all that follows through the end 
     of the section and inserting the following:
       ``(b)(1) Prior to publication of any proposed rule 
     described in subsection (e), an agency making such rule shall 
     notify the Chief Counsel for Advocacy of the Small Business 
     Administration and provide the Chief Counsel with--
       ``(A) all materials prepared or utilized by the agency in 
     making the proposed rule, including the draft of the proposed 
     rule; and
       ``(B) information on the potential adverse and beneficial 
     economic impacts of the proposed rule on small entities and 
     the type of small entities that might be affected.
       ``(2) An agency shall not be required under paragraph (1) 
     to provide the exact language of any draft if the rule--
       ``(A) relates to the internal revenue laws of the United 
     States; or
       ``(B) is proposed by an independent regulatory agency (as 
     defined in section 3502(5) of title 44).
       ``(c) Not later than 15 days after the receipt of such 
     materials and information under subsection (b), the Chief 
     Counsel for Advocacy of the Small Business Administration 
     shall--
       ``(1) identify small entities or representatives of small 
     entities or a combination of both for the purpose of 
     obtaining advice, input, and recommendations from those 
     persons about the potential economic impacts of the proposed 
     rule and the compliance of the agency with section 603; and
       ``(2) convene a review panel consisting of an employee from 
     the Office of Advocacy of the Small Business Administration, 
     an employee from the agency making the rule, and in the case 
     of an agency other than an independent regulatory agency (as 
     defined in section 3502(5) of title 44), an employee from the 
     Office of Information and Regulatory Affairs of the Office of 
     Management and Budget to review the materials and information 
     provided to the Chief Counsel under subsection (b).
       ``(d)(1) Not later than 60 days after the review panel 
     described in subsection (c)(2) is convened, the Chief Counsel 
     for Advocacy of the Small Business Administration shall, 
     after consultation with the members of such panel, submit a 
     report to the agency and, in the case of an agency other than 
     an independent regulatory agency (as defined in section 
     3502(5) of title 44), the Office of Information and 
     Regulatory Affairs of the Office of Management and Budget.
       ``(2) Such report shall include an assessment of the 
     economic impact of the proposed rule on small entities, 
     including an assessment of the proposed rule's impact on the 
     cost that small entities pay for energy, an assessment of the 
     proposed rule's impact on start-up costs for small entities, 
     and a discussion of any alternatives that will minimize 
     adverse significant economic impacts or maximize beneficial 
     significant economic impacts on small entities.
       ``(3) Such report shall become part of the rulemaking 
     record. In the publication of the proposed rule, the agency 
     shall explain what actions, if any, the agency took in 
     response to such report.
       ``(e) A proposed rule is described by this subsection if 
     the Administrator of the Office of Information and Regulatory 
     Affairs of the Office of Management and Budget, the head of 
     the agency (or the delegatee of the head of the agency), or 
     an independent regulatory agency determines that the proposed 
     rule is likely to result in--
       ``(1) an annual effect on the economy of $100,000,000 or 
     more;
       ``(2) a major increase in costs or prices for consumers, 
     individual industries, Federal, State, or local governments, 
     tribal organizations, or geographic regions;
       ``(3) significant adverse effects on competition, 
     employment, investment, productivity, innovation, or on the 
     ability of United States-based enterprises to compete with 
     foreign-based enterprises in domestic and export markets; or
       ``(4) a significant economic impact on a substantial number 
     of small entities.
       ``(f) Upon application by the agency, the Chief Counsel for 
     Advocacy of the Small Business Administration may waive the 
     requirements of subsections (b) through (e) if the Chief 
     Counsel determines that compliance with the requirements of 
     such subsections are impracticable, unnecessary, or contrary 
     to the public interest.
       ``(g) A small entity or a representative of a small entity 
     may submit a request that the agency provide a copy of the 
     report prepared under subsection (d) and all materials and 
     information provided to the Chief Counsel for Advocacy of the 
     Small Business Administration under subsection (b). The 
     agency receiving such request shall provide the report, 
     materials and information to the requesting small entity or 
     representative of a small entity not later than 10 business 
     days after receiving such request, except that the agency 
     shall not disclose any information that is prohibited from 
     disclosure to the public pursuant to section 552(b) of this 
     title.''.

     SEC. 307. PERIODIC REVIEW OF RULES.

       Section 610 of title 5, United States Code, is amended to 
     read as follows:

     ``Sec. 610. Periodic review of rules

       ``(a) Not later than 180 days after the enactment of this 
     section, each agency shall publish in the Federal Register 
     and place on its website a plan for the periodic review of 
     rules issued by the agency which the head of the agency 
     determines have a significant economic impact on a 
     substantial number of small entities. Such determination 
     shall be made without regard to whether the agency performed 
     an analysis under section 604. The purpose of the review 
     shall be to determine whether such rules should be continued 
     without change, or should be amended or rescinded, consistent 
     with the stated objectives of applicable statutes, to 
     minimize any adverse significant economic impacts or maximize 
     any beneficial significant economic impacts on a substantial 
     number of small entities. Such plan may be amended by the 
     agency at any time by publishing the revision in the Federal 
     Register and subsequently placing the amended plan on the 
     agency's website.
       ``(b) The plan shall provide for the review of all such 
     agency rules existing on the date of the enactment of this 
     section within 10 years of the date of publication of the 
     plan in the Federal Register and for review of rules adopted 
     after the date of enactment of this section within 10 years 
     after the publication of the final rule in the Federal 
     Register. If the head of the agency determines that 
     completion of the review of existing rules is not feasible by 
     the established date, the head of the agency shall so certify 
     in a statement published in the Federal Register and may 
     extend the review for not longer than 2 years after 
     publication of notice of extension in the Federal Register. 
     Such certification and notice shall be sent to the Chief 
     Counsel for Advocacy of the Small Business Administration and 
     the Congress.
       ``(c) The plan shall include a section that details how an 
     agency will conduct outreach to and meaningfully include 
     small businesses (including small business concerns owned and 
     controlled by women, small business concerns owned and 
     controlled by veterans, and small business concerns owned and 
     controlled by socially and economically disadvantaged 
     individuals (as such terms are defined in the Small Business 
     Act)) for the purposes of carrying out this section. The 
     agency shall include in this section a plan for how the 
     agency will contact small businesses and gather their input 
     on existing agency rules.
       ``(d) Each agency shall annually submit a report regarding 
     the results of its review pursuant to such plan to the 
     Congress, the Chief Counsel for Advocacy of the Small 
     Business Administration, and, in the case of agencies other 
     than independent regulatory agencies (as defined in section 
     3502(5) of title 44) to the Administrator of the Office of 
     Information and Regulatory Affairs of the Office of 
     Management and Budget. Such report shall include the 
     identification of any rule with respect to which the head of 
     the agency made a determination described in paragraph (5) or 
     (6) of subsection (e) and a detailed explanation of the 
     reasons for such determination.
       ``(e) In reviewing a rule pursuant to subsections (a) 
     through (d), the agency shall amend or rescind the rule to 
     minimize any adverse significant economic impact on a 
     substantial number of small entities or disproportionate 
     economic impact on a specific class of small entities, or 
     maximize any beneficial significant economic impact of the 
     rule on a substantial number of small entities to the 
     greatest extent possible, consistent with the stated 
     objectives of applicable statutes. In amending or rescinding 
     the rule, the agency shall consider the following factors:
       ``(1) The continued need for the rule.
       ``(2) The nature of complaints received by the agency from 
     small entities concerning the rule.
       ``(3) Comments by the Regulatory Enforcement Ombudsman and 
     the Chief Counsel for Advocacy of the Small Business 
     Administration.
       ``(4) The complexity of the rule.
       ``(5) The extent to which the rule overlaps, duplicates, or 
     conflicts with other Federal rules and, unless the head of 
     the agency determines it to be infeasible, State, 
     territorial, and local rules.
       ``(6) The contribution of the rule to the cumulative 
     economic impact of all Federal rules on the class of small 
     entities affected by the rule, unless the head of the agency 
     determines that such calculations cannot be made and reports 
     that determination in the annual report required under 
     subsection (d).
       ``(7) The length of time since the rule has been evaluated 
     or the degree to which technology, economic conditions, or 
     other factors have changed in the area affected by the rule.
       ``(f) Each year, each agency shall publish in the Federal 
     Register and on its website a list of rules to be reviewed 
     pursuant to such plan. The agency shall include in the 
     publication a solicitation of public comments on any further 
     inclusions or exclusions of rules from the list, and shall 
     respond to such comments. Such publication shall include a 
     brief description of the rule, the reason why the agency 
     determined that it has a significant

[[Page H7788]]

     economic impact on a substantial number of small entities 
     (without regard to whether it had prepared a final regulatory 
     flexibility analysis for the rule), and request comments from 
     the public, the Chief Counsel for Advocacy of the Small 
     Business Administration, and the Regulatory Enforcement 
     Ombudsman concerning the enforcement of the rule.''.

     SEC. 308. JUDICIAL REVIEW OF COMPLIANCE WITH THE REQUIREMENTS 
                   OF THE REGULATORY FLEXIBILITY ACT AVAILABLE 
                   AFTER PUBLICATION OF THE FINAL RULE.

       (a) In General.--Paragraph (1) of section 611(a) of title 
     5, United States Code, is amended by striking ``final agency 
     action'' and inserting ``such rule''.
       (b) Jurisdiction.--Paragraph (2) of such section is amended 
     by inserting ``(or which would have such jurisdiction if 
     publication of the final rule constituted final agency 
     action)'' after ``provision of law,''.
       (c) Time for Bringing Action.--Paragraph (3) of such 
     section is amended--
       (1) by striking ``final agency action'' and inserting 
     ``publication of the final rule''; and
       (2) by inserting ``, in the case of a rule for which the 
     date of final agency action is the same date as the 
     publication of the final rule,'' after ``except that''.
       (d) Intervention by Chief Counsel for Advocacy.--Subsection 
     (b) of section 612 of title 5, United States Code, is amended 
     by inserting before the first period ``or agency compliance 
     with section 601, 603, 604, 605(b), 609, or 610''.

     SEC. 309. JURISDICTION OF COURT OF APPEALS OVER RULES 
                   IMPLEMENTING THE REGULATORY FLEXIBILITY ACT.

       (a) In General.--Section 2342 of title 28, United States 
     Code, is amended--
       (1) in paragraph (6), by striking ``and'' at the end;
       (2) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (3) by inserting after paragraph (7) the following new 
     paragraph:
       ``(8) all final rules under section 608(a) of title 5.''.
       (b) Conforming Amendments.--Paragraph (3) of section 2341 
     of title 28, United States Code, is amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(F) the Office of Advocacy of the Small Business 
     Administration, when the final rule is under section 608(a) 
     of title 5.''.
       (c) Authorization To Intervene and Comment on Agency 
     Compliance With Administrative Procedure.--Subsection (b) of 
     section 612 of title 5, United States Code, is amended by 
     inserting ``chapter 5, and chapter 7,'' after ``this 
     chapter,''.

     SEC. 310. ESTABLISHMENT AND APPROVAL OF SMALL BUSINESS 
                   CONCERN SIZE STANDARDS BY CHIEF COUNSEL FOR 
                   ADVOCACY.

       (a) In General.--Subparagraph (A) of section 3(a)(2) of the 
     Small Business Act (15 U.S.C. 632(a)(2)(A)) is amended to 
     read as follows:
       ``(A) In general.--In addition to the criteria specified in 
     paragraph (1)--
       ``(i) the Administrator may specify detailed definitions or 
     standards by which a business concern may be determined to be 
     a small business concern for purposes of this Act or the 
     Small Business Investment Act of 1958; and
       ``(ii) the Chief Counsel for Advocacy may specify such 
     definitions or standards for purposes of any other Act.''.
       (b) Approval by Chief Counsel.--Clause (iii) of section 
     3(a)(2)(C) of the Small Business Act (15 U.S.C. 
     632(a)(2)(C)(iii)) is amended to read as follows:
       ``(iii) except in the case of a size standard prescribed by 
     the Administrator, is approved by the Chief Counsel for 
     Advocacy.''.
       (c) Industry Variation.--Paragraph (3) of section 3(a) of 
     the Small Business Act (15 U.S.C. 632(a)(3)) is amended--
       (1) by inserting ``or Chief Counsel for Advocacy, as 
     appropriate'' before ``shall ensure''; and
       (2) by inserting ``or Chief Counsel for Advocacy'' before 
     the period at the end.
       (d) Judicial Review of Size Standards Approved by Chief 
     Counsel.--Section 3(a) of the Small Business Act (15 U.S.C. 
     632(a)) is amended by adding at the end the following new 
     paragraph:
       ``(9) Judicial review of standards approved by chief 
     counsel.--In the case of an action for judicial review of a 
     rule which includes a definition or standard approved by the 
     Chief Counsel for Advocacy under this subsection, the party 
     seeking such review shall be entitled to join the Chief 
     Counsel as a party in such action.''.

     SEC. 311. CLERICAL AMENDMENTS.

       (a) Definitions.--Section 601 of title 5, United States 
     Code, is amended--
       (1) in paragraph (1)--
       (A) by striking the semicolon at the end and inserting a 
     period; and
       (B) by striking ``(1) the term'' and inserting the 
     following:
       ``(1) Agency.--The term'';
       (2) in paragraph (3)--
       (A) by striking the semicolon at the end and inserting a 
     period; and
       (B) by striking ``(3) the term'' and inserting the 
     following:
       ``(3) Small business.--The term'';
       (3) in paragraph (5)--
       (A) by striking the semicolon at the end and inserting a 
     period; and
       (B) by striking ``(5) the term'' and inserting the 
     following:
       ``(5) Small governmental jurisdiction.--The term''; and
       (4) in paragraph (6)--
       (A) by striking ``; and'' and inserting a period; and
       (B) by striking ``(6) the term'' and inserting the 
     following:
       ``(6) Small entity.--The term''.
       (b) Incorporations by Reference and Certifications.--The 
     heading of section 605 of title 5, United States Code, is 
     amended to read as follows:

     ``Sec. 605. Incorporations by reference and certifications''.

       (c) Table of Sections.--The table of sections for chapter 6 
     of title 5, United States Code, is amended--
       (1) by striking the item relating to section 605 and 
     inserting the following new item:

``605. Incorporations by reference and certifications.'';

       (2) by striking the item relating to section 607 and 
     inserting the following new item:

``607. Quantification requirements.'';

     and
       (3) by striking the item relating to section 608 and 
     inserting the following:

``608. Additional powers of Chief Counsel for Advocacy.''.

       (d) Other Clerical Amendments to Chapter 6.--Chapter 6 of 
     title 5, United States Code, is amended in section 603(d)--
       (1) by striking paragraph (2);
       (2) by striking ``(1) For a covered agency,'' and inserting 
     ``For a covered agency,'';
       (3) by striking ``(A) any'' and inserting ``(1) any'';
       (4) by striking ``(B) any'' and inserting ``(2) any''; and
       (5) by striking ``(C) advice'' and inserting ``(3) 
     advice''.

     SEC. 312. AGENCY PREPARATION OF GUIDES.

       Section 212(a)(5) the Small Business Regulatory Enforcement 
     Fairness Act of 1996 (5 U.S.C. 601 note) is amended to read 
     as follows:
       ``(5) Agency preparation of guides.--The agency shall, in 
     its sole discretion, taking into account the subject matter 
     of the rule and the language of relevant statutes, ensure 
     that the guide is written using sufficiently plain language 
     likely to be understood by affected small entities. Agencies 
     may prepare separate guides covering groups or classes of 
     similarly affected small entities and may cooperate with 
     associations of small entities to distribute such guides. In 
     developing guides, agencies shall solicit input from affected 
     small entities or associations of affected small entities. An 
     agency may prepare guides and apply this section with respect 
     to a rule or a group of related rules.''.

     SEC. 313. COMPTROLLER GENERAL REPORT.

       Not later than 90 days after the date of enactment of this 
     title, the Comptroller General of the United States shall 
     complete and publish a study that examines whether the Chief 
     Counsel for Advocacy of the Small Business Administration has 
     the capacity and resources to carry out the duties of the 
     Chief Counsel under this title and the amendments made by 
     this title.

     TITLE IV--SUNSHINE FOR REGULATORY DECREES AND SETTLEMENTS ACT

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Sunshine for Regulatory 
     Decrees and Settlements Act of 2014''.

     SEC. 402. DEFINITIONS.

       In this title--
       (1) the terms ``agency'' and ``agency action'' have the 
     meanings given those terms under section 551 of title 5, 
     United States Code;
       (2) the term ``covered civil action'' means a civil 
     action--
       (A) seeking to compel agency action;
       (B) alleging that the agency is unlawfully withholding or 
     unreasonably delaying an agency action relating to a 
     regulatory action that would affect the rights of--
       (i) private persons other than the person bringing the 
     action; or
       (ii) a State, local, or tribal government; and
       (C) brought under--
       (i) chapter 7 of title 5, United States Code; or
       (ii) any other statute authorizing such an action;
       (3) the term ``covered consent decree'' means--
       (A) a consent decree entered into in a covered civil 
     action; and
       (B) any other consent decree that requires agency action 
     relating to a regulatory action that affects the rights of--
       (i) private persons other than the person bringing the 
     action; or
       (ii) a State, local, or tribal government;
       (4) the term ``covered consent decree or settlement 
     agreement'' means a covered consent decree and a covered 
     settlement agreement; and
       (5) the term ``covered settlement agreement'' means--
       (A) a settlement agreement entered into in a covered civil 
     action; and
       (B) any other settlement agreement that requires agency 
     action relating to a regulatory action that affects the 
     rights of--
       (i) private persons other than the person bringing the 
     action; or
       (ii) a State, local, or tribal government.

[[Page H7789]]

     SEC. 403. CONSENT DECREE AND SETTLEMENT REFORM.

       (a) Pleadings and Preliminary Matters.--
       (1) In general.--In any covered civil action, the agency 
     against which the covered civil action is brought shall 
     publish the notice of intent to sue and the complaint in a 
     readily accessible manner, including by making the notice of 
     intent to sue and the complaint available online not later 
     than 15 days after receiving service of the notice of intent 
     to sue or complaint, respectively.
       (2) Entry of a covered consent decree or settlement 
     agreement.--A party may not make a motion for entry of a 
     covered consent decree or to dismiss a civil action pursuant 
     to a covered settlement agreement until after the end of 
     proceedings in accordance with paragraph (1) and 
     subparagraphs (A) and (B) of paragraph (2) of subsection (d) 
     or subsection (d)(3)(A), whichever is later.
       (b) Intervention.--
       (1) Rebuttable presumption.--In considering a motion to 
     intervene in a covered civil action or a civil action in 
     which a covered consent decree or settlement agreement has 
     been proposed that is filed by a person who alleges that the 
     agency action in dispute would affect the person, the court 
     shall presume, subject to rebuttal, that the interests of the 
     person would not be represented adequately by the existing 
     parties to the action.
       (2) State, local, and tribal governments.--In considering a 
     motion to intervene in a covered civil action or a civil 
     action in which a covered consent decree or settlement 
     agreement has been proposed that is filed by a State, local, 
     or tribal government, the court shall take due account of 
     whether the movant--
       (A) administers jointly with an agency that is a defendant 
     in the action the statutory provisions that give rise to the 
     regulatory action to which the action relates; or
       (B) administers an authority under State, local, or tribal 
     law that would be preempted by the regulatory action to which 
     the action relates.
       (c) Settlement Negotiations.--Efforts to settle a covered 
     civil action or otherwise reach an agreement on a covered 
     consent decree or settlement agreement shall--
       (1) be conducted pursuant to the mediation or alternative 
     dispute resolution program of the court or by a district 
     judge other than the presiding judge, magistrate judge, or 
     special master, as determined appropriate by the presiding 
     judge; and
       (2) include any party that intervenes in the action.
       (d) Publication of and Comment on Covered Consent Decrees 
     or Settlement Agreements.--
       (1) In general.--Not later than 60 days before the date on 
     which a covered consent decree or settlement agreement is 
     filed with a court, the agency seeking to enter the covered 
     consent decree or settlement agreement shall publish in the 
     Federal Register and online--
       (A) the proposed covered consent decree or settlement 
     agreement; and
       (B) a statement providing--
       (i) the statutory basis for the covered consent decree or 
     settlement agreement; and
       (ii) a description of the terms of the covered consent 
     decree or settlement agreement, including whether it provides 
     for the award of attorneys' fees or costs and, if so, the 
     basis for including the award.
       (2) Public comment.--
       (A) In general.--An agency seeking to enter a covered 
     consent decree or settlement agreement shall accept public 
     comment during the period described in paragraph (1) on any 
     issue relating to the matters alleged in the complaint in the 
     applicable civil action or addressed or affected by the 
     proposed covered consent decree or settlement agreement.
       (B) Response to comments.--An agency shall respond to any 
     comment received under subparagraph (A).
       (C) Submissions to court.--When moving that the court enter 
     a proposed covered consent decree or settlement agreement or 
     for dismissal pursuant to a proposed covered consent decree 
     or settlement agreement, an agency shall--
       (i) inform the court of the statutory basis for the 
     proposed covered consent decree or settlement agreement and 
     its terms;
       (ii) submit to the court a summary of the comments received 
     under subparagraph (A) and the response of the agency to the 
     comments;
       (iii) submit to the court a certified index of the 
     administrative record of the notice and comment proceeding; 
     and
       (iv) make the administrative record described in clause 
     (iii) fully accessible to the court.
       (D) Inclusion in record.--The court shall include in the 
     court record for a civil action the certified index of the 
     administrative record submitted by an agency under 
     subparagraph (C)(iii) and any documents listed in the index 
     which any party or amicus curiae appearing before the court 
     in the action submits to the court.
       (3) Public hearings permitted.--
       (A) In general.--After providing notice in the Federal 
     Register and online, an agency may hold a public hearing 
     regarding whether to enter into a proposed covered consent 
     decree or settlement agreement.
       (B) Record.--If an agency holds a public hearing under 
     subparagraph (A)--
       (i) the agency shall--

       (I) submit to the court a summary of the proceedings;
       (II) submit to the court a certified index of the hearing 
     record; and
       (III) provide access to the hearing record to the court; 
     and

       (ii) the full hearing record shall be included in the court 
     record.
       (4) Mandatory deadlines.--If a proposed covered consent 
     decree or settlement agreement requires an agency action by a 
     date certain, the agency shall, when moving for entry of the 
     covered consent decree or settlement agreement or dismissal 
     based on the covered consent decree or settlement agreement, 
     inform the court of--
       (A) any required regulatory action the agency has not taken 
     that the covered consent decree or settlement agreement does 
     not address;
       (B) how the covered consent decree or settlement agreement, 
     if approved, would affect the discharge of the duties 
     described in subparagraph (A); and
       (C) why the effects of the covered consent decree or 
     settlement agreement on the manner in which the agency 
     discharges its duties is in the public interest.
       (e) Submission by the Government.--
       (1) In general.--For any proposed covered consent decree or 
     settlement agreement that contains a term described in 
     paragraph (2), the Attorney General or, if the matter is 
     being litigated independently by an agency, the head of the 
     agency shall submit to the court a certification that the 
     Attorney General or head of the agency approves the proposed 
     covered consent decree or settlement agreement. The Attorney 
     General or head of the agency shall personally sign any 
     certification submitted under this paragraph.
       (2) Terms.--A term described in this paragraph is--
       (A) in the case of a covered consent decree, a term that--
       (i) converts into a nondiscretionary duty a discretionary 
     authority of an agency to propose, promulgate, revise, or 
     amend regulations;
       (ii) commits an agency to expend funds that have not been 
     appropriated and that have not been budgeted for the 
     regulatory action in question;
       (iii) commits an agency to seek a particular appropriation 
     or budget authorization;
       (iv) divests an agency of discretion committed to the 
     agency by statute or the Constitution of the United States, 
     without regard to whether the discretion was granted to 
     respond to changing circumstances, to make policy or 
     managerial choices, or to protect the rights of third 
     parties; or
       (v) otherwise affords relief that the court could not enter 
     under its own authority upon a final judgment in the civil 
     action; or
       (B) in the case of a covered settlement agreement, a term--
       (i) that provides a remedy for a failure by the agency to 
     comply with the terms of the covered settlement agreement 
     other than the revival of the civil action resolved by the 
     covered settlement agreement; and
       (ii) that--

       (I) interferes with the authority of an agency to revise, 
     amend, or issue rules under the procedures set forth in 
     chapter 5 of title 5, United States Code, or any other 
     statute or Executive order prescribing rulemaking procedures 
     for a rulemaking that is the subject of the covered 
     settlement agreement;
       (II) commits the agency to expend funds that have not been 
     appropriated and that have not been budgeted for the 
     regulatory action in question; or
       (III) for such a covered settlement agreement that commits 
     the agency to exercise in a particular way discretion which 
     was committed to the agency by statute or the Constitution of 
     the United States to respond to changing circumstances, to 
     make policy or managerial choices, or to protect the rights 
     of third parties.

       (f) Review by Court.--
       (1) Amicus.--A court considering a proposed covered consent 
     decree or settlement agreement shall presume, subject to 
     rebuttal, that it is proper to allow amicus participation 
     relating to the covered consent decree or settlement 
     agreement by any person who filed public comments or 
     participated in a public hearing on the covered consent 
     decree or settlement agreement under paragraph (2) or (3) of 
     subsection (d).
       (2) Review of deadlines.--
       (A) Proposed covered consent decrees.--For a proposed 
     covered consent decree, a court shall not approve the covered 
     consent decree unless the proposed covered consent decree 
     allows sufficient time and incorporates adequate procedures 
     for the agency to comply with chapter 5 of title 5, United 
     States Code, and other applicable statutes that govern 
     rulemaking and, unless contrary to the public interest, the 
     provisions of any Executive order that governs rulemaking.
       (B) Proposed covered settlement agreements.--For a proposed 
     covered settlement agreement, a court shall ensure that the 
     covered settlement agreement allows sufficient time and 
     incorporates adequate procedures for the agency to comply 
     with chapter 5 of title 5, United States Code, and other 
     applicable statutes that govern rulemaking and, unless 
     contrary to the public interest, the provisions of any 
     Executive order that governs rulemaking.
       (g) Annual Reports.--Each agency shall submit to Congress 
     an annual report that, for the year covered by the report, 
     includes--
       (1) the number, identity, and content of covered civil 
     actions brought against and

[[Page H7790]]

     covered consent decrees or settlement agreements entered 
     against or into by the agency; and
       (2) a description of the statutory basis for--
       (A) each covered consent decree or settlement agreement 
     entered against or into by the agency; and
       (B) any award of attorneys fees or costs in a civil action 
     resolved by a covered consent decree or settlement agreement 
     entered against or into by the agency.

     SEC. 404. MOTIONS TO MODIFY CONSENT DECREES.

       If an agency moves a court to modify a covered consent 
     decree or settlement agreement and the basis of the motion is 
     that the terms of the covered consent decree or settlement 
     agreement are no longer fully in the public interest due to 
     the obligations of the agency to fulfill other duties or due 
     to changed facts and circumstances, the court shall review 
     the motion and the covered consent decree or settlement 
     agreement de novo.

     SEC. 405. EFFECTIVE DATE.

       This title shall apply to--
       (1) any covered civil action filed on or after the date of 
     enactment of this title; and
       (2) any covered consent decree or settlement agreement 
     proposed to a court on or after the date of enactment of this 
     title.

                         DIVISION IV--JUDICIARY

      TITLE I--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Regulations From the 
     Executive in Need of Scrutiny Act of 2014''.

     SEC. 102. PURPOSE.

       The purpose of this title is to increase accountability for 
     and transparency in the Federal regulatory process. Section 1 
     of article I of the United States Constitution grants all 
     legislative powers to Congress. Over time, Congress has 
     excessively delegated its constitutional charge while failing 
     to conduct appropriate oversight and retain accountability 
     for the content of the laws it passes. By requiring a vote in 
     Congress, the REINS Act will result in more carefully drafted 
     and detailed legislation, an improved regulatory process, and 
     a legislative branch that is truly accountable to the 
     American people for the laws imposed upon them. Moreover, as 
     a tax on carbon emissions increases energy costs on 
     consumers, reduces economic growth and is therefore 
     detrimental to individuals, families and businesses, the 
     REINS Act includes in the definition of a major rule, any 
     rule that implements or provides for the imposition or 
     collection of a tax on carbon emissions.

     SEC. 103. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.

       Chapter 8 of title 5, United States Code, is amended to 
     read as follows:

         ``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

``Sec.
``801. Congressional review.
``802. Congressional approval procedure for major rules.
``803. Congressional disapproval procedure for nonmajor rules.
``804. Definitions.
``805. Judicial review.
``806. Exemption for monetary policy.
``807. Effective date of certain rules.

     ``Sec. 801. Congressional review

       ``(a)(1)(A) Before a rule may take effect, the Federal 
     agency promulgating such rule shall submit to each House of 
     the Congress and to the Comptroller General a report 
     containing--
       ``(i) a copy of the rule;
       ``(ii) a concise general statement relating to the rule;
       ``(iii) a classification of the rule as a major or nonmajor 
     rule, including an explanation of the classification 
     specifically addressing each criteria for a major rule 
     contained within clauses (i) through (iii) of section 
     804(2)(A) or within section 804(2)(B);
       ``(iv) a list of any other related regulatory actions taken 
     by or that will be taken by the Federal agency promulgating 
     the rule that are intended to implement the same statutory 
     provision or regulatory objective as well as the individual 
     and aggregate economic effects of those actions;
       ``(v) a list of any other related regulatory actions taken 
     by or that will be taken by any other Federal agency with 
     authority to implement the same statutory provision or 
     regulatory objective that are intended to implement such 
     provision or objective, of which the Federal agency 
     promulgating the rule is aware, as well as the individual and 
     aggregate economic effects of those actions; and
       ``(vi) the proposed effective date of the rule.
       ``(B) On the date of the submission of the report under 
     subparagraph (A), the Federal agency promulgating the rule 
     shall submit to the Comptroller General and make available to 
     each House of Congress--
       ``(i) a complete copy of the cost-benefit analysis of the 
     rule, if any, including an analysis of any jobs added or 
     lost, differentiating between public and private sector jobs;
       ``(ii) the agency's actions pursuant to sections 603, 604, 
     605, 607, and 609 of this title;
       ``(iii) the agency's actions pursuant to sections 202, 203, 
     204, and 205 of the Unfunded Mandates Reform Act of 1995; and
       ``(iv) any other relevant information or requirements under 
     any other Act and any relevant Executive orders.
       ``(C) Upon receipt of a report submitted under subparagraph 
     (A), each House shall provide copies of the report to the 
     chairman and ranking member of each standing committee with 
     jurisdiction under the rules of the House of Representatives 
     or the Senate to report a bill to amend the provision of law 
     under which the rule is issued.
       ``(2)(A) The Comptroller General shall provide a report on 
     each major rule to the committees of jurisdiction by the end 
     of 15 calendar days after the submission or publication date. 
     The report of the Comptroller General shall include an 
     assessment of the agency's compliance with procedural steps 
     required by paragraph (1)(B) and an assessment of whether the 
     major rule imposes any new limits or mandates on private-
     sector activity.
       ``(B) Federal agencies shall cooperate with the Comptroller 
     General by providing information relevant to the Comptroller 
     General's report under subparagraph (A).
       ``(3) A major rule relating to a report submitted under 
     paragraph (1) shall take effect upon enactment of a joint 
     resolution of approval described in section 802 or as 
     provided for in the rule following enactment of a joint 
     resolution of approval described in section 802, whichever is 
     later.
       ``(4) A nonmajor rule shall take effect as provided by 
     section 803 after submission to Congress under paragraph (1).
       ``(5) If a joint resolution of approval relating to a major 
     rule is not enacted within the period provided in subsection 
     (b)(2), then a joint resolution of approval relating to the 
     same rule may not be considered under this chapter in the 
     same Congress by either the House of Representatives or the 
     Senate.
       ``(b)(1) A major rule shall not take effect unless the 
     Congress enacts a joint resolution of approval described 
     under section 802.
       ``(2) If a joint resolution described in subsection (a) is 
     not enacted into law by the end of 70 session days or 
     legislative days, as applicable, beginning on the date on 
     which the report referred to in section 801(a)(1)(A) is 
     received by Congress (excluding days either House of Congress 
     is adjourned for more than 3 days during a session of 
     Congress), then the rule described in that resolution shall 
     be deemed not to be approved and such rule shall not take 
     effect.
       ``(c)(1) Notwithstanding any other provision of this 
     section (except subject to paragraph (3)), a major rule may 
     take effect for one 90-calendar-day period if the President 
     makes a determination under paragraph (2) and submits written 
     notice of such determination to the Congress.
       ``(2) Paragraph (1) applies to a determination made by the 
     President by Executive order that the major rule should take 
     effect because such rule is--
       ``(A) necessary because of an imminent threat to health or 
     safety or other emergency;
       ``(B) necessary for the enforcement of criminal laws;
       ``(C) necessary for national security; or
       ``(D) issued pursuant to any statute implementing an 
     international trade agreement.
       ``(3) An exercise by the President of the authority under 
     this subsection shall have no effect on the procedures under 
     section 802.
       ``(d)(1) In addition to the opportunity for review 
     otherwise provided under this chapter, in the case of any 
     rule for which a report was submitted in accordance with 
     subsection (a)(1)(A) during the period beginning on the date 
     occurring--
       ``(A) in the case of the Senate, 60 session days, or
       ``(B) in the case of the House of Representatives, 60 
     legislative days,

     before the date the Congress is scheduled to adjourn a 
     session of Congress through the date on which the same or 
     succeeding Congress first convenes its next session, sections 
     802 and 803 shall apply to such rule in the succeeding 
     session of Congress.
       ``(2)(A) In applying sections 802 and 803 for purposes of 
     such additional review, a rule described under paragraph (1) 
     shall be treated as though--
       ``(i) such rule were published in the Federal Register on--
       ``(I) in the case of the Senate, the 15th session day, or
       ``(II) in the case of the House of Representatives, the 
     15th legislative day,

     after the succeeding session of Congress first convenes; and
       ``(ii) a report on such rule were submitted to Congress 
     under subsection (a)(1) on such date.
       ``(B) Nothing in this paragraph shall be construed to 
     affect the requirement under subsection (a)(1) that a report 
     shall be submitted to Congress before a rule can take effect.
       ``(3) A rule described under paragraph (1) shall take 
     effect as otherwise provided by law (including other 
     subsections of this section).

     ``Sec. 802. Congressional approval procedure for major rules

       ``(a)(1) For purposes of this section, the term `joint 
     resolution' means only a joint resolution addressing a report 
     classifying a rule as major pursuant to section 
     801(a)(1)(A)(iii) that--
       ``(A) bears no preamble;
       ``(B) bears the following title (with blanks filled as 
     appropriate): `Approving the rule submitted by ___ relating 
     to ___.';
       ``(C) includes after its resolving clause only the 
     following (with blanks filled as appropriate): `That Congress 
     approves the rule submitted by ___ relating to ___.'; and

[[Page H7791]]

       ``(D) is introduced pursuant to paragraph (2).
       ``(2) After a House of Congress receives a report 
     classifying a rule as major pursuant to section 
     801(a)(1)(A)(iii), the majority leader of that House (or his 
     or her respective designee) shall introduce (by request, if 
     appropriate) a joint resolution described in paragraph (1)--
       ``(A) in the case of the House of Representatives, within 
     three legislative days; and
       ``(B) in the case of the Senate, within three session days.
       ``(3) A joint resolution described in paragraph (1) shall 
     not be subject to amendment at any stage of proceeding.
       ``(b) A joint resolution described in subsection (a) shall 
     be referred in each House of Congress to the committees 
     having jurisdiction over the provision of law under which the 
     rule is issued.
       ``(c) In the Senate, if the committee or committees to 
     which a joint resolution described in subsection (a) has been 
     referred have not reported it at the end of 15 session days 
     after its introduction, such committee or committees shall be 
     automatically discharged from further consideration of the 
     resolution and it shall be placed on the calendar. A vote on 
     final passage of the resolution shall be taken on or before 
     the close of the 15th session day after the resolution is 
     reported by the committee or committees to which it was 
     referred, or after such committee or committees have been 
     discharged from further consideration of the resolution.
       ``(d)(1) In the Senate, when the committee or committees to 
     which a joint resolution is referred have reported, or when a 
     committee or committees are discharged (under subsection (c)) 
     from further consideration of a joint resolution described in 
     subsection (a), it is at any time thereafter in order (even 
     though a previous motion to the same effect has been 
     disagreed to) for a motion to proceed to the consideration of 
     the joint resolution, and all points of order against the 
     joint resolution (and against consideration of the joint 
     resolution) are waived. The motion is not subject to 
     amendment, or to a motion to postpone, or to a motion to 
     proceed to the consideration of other business. A motion to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to shall not be in order. If a motion to proceed to 
     the consideration of the joint resolution is agreed to, the 
     joint resolution shall remain the unfinished business of the 
     Senate until disposed of.
       ``(2) In the Senate, debate on the joint resolution, and on 
     all debatable motions and appeals in connection therewith, 
     shall be limited to not more than 2 hours, which shall be 
     divided equally between those favoring and those opposing the 
     joint resolution. A motion to further limit debate is in 
     order and not debatable. An amendment to, or a motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the joint resolution 
     is not in order.
       ``(3) In the Senate, immediately following the conclusion 
     of the debate on a joint resolution described in subsection 
     (a), and a single quorum call at the conclusion of the debate 
     if requested in accordance with the rules of the Senate, the 
     vote on final passage of the joint resolution shall occur.
       ``(4) Appeals from the decisions of the Chair relating to 
     the application of the rules of the Senate to the procedure 
     relating to a joint resolution described in subsection (a) 
     shall be decided without debate.
       ``(e) In the House of Representatives, if any committee to 
     which a joint resolution described in subsection (a) has been 
     referred has not reported it to the House at the end of 15 
     legislative days after its introduction, such committee shall 
     be discharged from further consideration of the joint 
     resolution, and it shall be placed on the appropriate 
     calendar. On the second and fourth Thursdays of each month it 
     shall be in order at any time for the Speaker to recognize a 
     Member who favors passage of a joint resolution that has 
     appeared on the calendar for at least 5 legislative days to 
     call up that joint resolution for immediate consideration in 
     the House without intervention of any point of order. When so 
     called up a joint resolution shall be considered as read and 
     shall be debatable for 1 hour equally divided and controlled 
     by the proponent and an opponent, and the previous question 
     shall be considered as ordered to its passage without 
     intervening motion. It shall not be in order to reconsider 
     the vote on passage. If a vote on final passage of the joint 
     resolution has not been taken by the third Thursday on which 
     the Speaker may recognize a Member under this subsection, 
     such vote shall be taken on that day.
       ``(f)(1) If, before passing a joint resolution described in 
     subsection (a), one House receives from the other a joint 
     resolution having the same text, then--
       ``(A) the joint resolution of the other House shall not be 
     referred to a committee; and
       ``(B) the procedure in the receiving House shall be the 
     same as if no joint resolution had been received from the 
     other House until the vote on passage, when the joint 
     resolution received from the other House shall supplant the 
     joint resolution of the receiving House.
       ``(2) This subsection shall not apply to the House of 
     Representatives if the joint resolution received from the 
     Senate is a revenue measure.
       ``(g) If either House has not taken a vote on final passage 
     of the joint resolution by the last day of the period 
     described in section 801(b)(2), then such vote shall be taken 
     on that day.
       ``(h) This section and section 803 are enacted by 
     Congress--
       ``(1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such is 
     deemed to be part of the rules of each House, respectively, 
     but applicable only with respect to the procedure to be 
     followed in that House in the case of a joint resolution 
     described in subsection (a) and superseding other rules only 
     where explicitly so; and
       ``(2) with full recognition of the Constitutional right of 
     either House to change the rules (so far as they relate to 
     the procedure of that House) at any time, in the same manner 
     and to the same extent as in the case of any other rule of 
     that House.

     ``Sec. 803. Congressional disapproval procedure for nonmajor 
       rules

       ``(a) For purposes of this section, the term `joint 
     resolution' means only a joint resolution introduced in the 
     period beginning on the date on which the report referred to 
     in section 801(a)(1)(A) is received by Congress and ending 60 
     days thereafter (excluding days either House of Congress is 
     adjourned for more than 3 days during a session of Congress), 
     the matter after the resolving clause of which is as follows: 
     `That Congress disapproves the nonmajor rule submitted by the 
     ___ relating to ___, and such rule shall have no force or 
     effect.' (The blank spaces being appropriately filled in).
       ``(b) A joint resolution described in subsection (a) shall 
     be referred to the committees in each House of Congress with 
     jurisdiction.
       ``(c) In the Senate, if the committee to which is referred 
     a joint resolution described in subsection (a) has not 
     reported such joint resolution (or an identical joint 
     resolution) at the end of 15 session days after the date of 
     introduction of the joint resolution, such committee may be 
     discharged from further consideration of such joint 
     resolution upon a petition supported in writing by 30 Members 
     of the Senate, and such joint resolution shall be placed on 
     the calendar.
       ``(d)(1) In the Senate, when the committee to which a joint 
     resolution is referred has reported, or when a committee is 
     discharged (under subsection (c)) from further consideration 
     of a joint resolution described in subsection (a), it is at 
     any time thereafter in order (even though a previous motion 
     to the same effect has been disagreed to) for a motion to 
     proceed to the consideration of the joint resolution, and all 
     points of order against the joint resolution (and against 
     consideration of the joint resolution) are waived. The motion 
     is not subject to amendment, or to a motion to postpone, or 
     to a motion to proceed to the consideration of other 
     business. A motion to reconsider the vote by which the motion 
     is agreed to or disagreed to shall not be in order. If a 
     motion to proceed to the consideration of the joint 
     resolution is agreed to, the joint resolution shall remain 
     the unfinished business of the Senate until disposed of.
       ``(2) In the Senate, debate on the joint resolution, and on 
     all debatable motions and appeals in connection therewith, 
     shall be limited to not more than 10 hours, which shall be 
     divided equally between those favoring and those opposing the 
     joint resolution. A motion to further limit debate is in 
     order and not debatable. An amendment to, or a motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the joint resolution 
     is not in order.
       ``(3) In the Senate, immediately following the conclusion 
     of the debate on a joint resolution described in subsection 
     (a), and a single quorum call at the conclusion of the debate 
     if requested in accordance with the rules of the Senate, the 
     vote on final passage of the joint resolution shall occur.
       ``(4) Appeals from the decisions of the Chair relating to 
     the application of the rules of the Senate to the procedure 
     relating to a joint resolution described in subsection (a) 
     shall be decided without debate.
       ``(e) In the Senate the procedure specified in subsection 
     (c) or (d) shall not apply to the consideration of a joint 
     resolution respecting a nonmajor rule--
       ``(1) after the expiration of the 60 session days beginning 
     with the applicable submission or publication date, or
       ``(2) if the report under section 801(a)(1)(A) was 
     submitted during the period referred to in section 801(d)(1), 
     after the expiration of the 60 session days beginning on the 
     15th session day after the succeeding session of Congress 
     first convenes.
       ``(f) If, before the passage by one House of a joint 
     resolution of that House described in subsection (a), that 
     House receives from the other House a joint resolution 
     described in subsection (a), then the following procedures 
     shall apply:
       ``(1) The joint resolution of the other House shall not be 
     referred to a committee.
       ``(2) With respect to a joint resolution described in 
     subsection (a) of the House receiving the joint resolution--
       ``(A) the procedure in that House shall be the same as if 
     no joint resolution had been received from the other House; 
     but
       ``(B) the vote on final passage shall be on the joint 
     resolution of the other House.

     ``Sec. 804. Definitions

       ``For purposes of this chapter--
       ``(1) The term `Federal agency' means any agency as that 
     term is defined in section 551(1).

[[Page H7792]]

       ``(2) The term `major rule' means any rule, including an 
     interim final rule, that the Administrator of the Office of 
     Information and Regulatory Affairs of the Office of 
     Management and Budget finds--
       ``(A) has resulted in or is likely to result in--
       ``(i) an annual effect on the economy of $50,000,000 or 
     more;
       ``(ii) a major increase in costs or prices for consumers, 
     individual industries, Federal, State, or local government 
     agencies, or geographic regions; or
       ``(iii) significant adverse effects on competition, 
     employment, investment, productivity, innovation, or on the 
     ability of United States-based enterprises to compete with 
     foreign-based enterprises in domestic and export markets; or
       ``(B) is made by the Administrator of the Environmental 
     Protection Agency and that would have a significant impact on 
     a substantial number of agricultural entities, as determined 
     by the Secretary of Agriculture (who shall publish such 
     determination in the Federal Register);
       ``(C) is a rule that implements or provides for the 
     imposition or collection of a carbon tax; or
       ``(D) is made under the Patient Protection and Affordable 
     Care Act (Public Law 111-148).
       ``(3) The term `nonmajor rule' means any rule that is not a 
     major rule.
       ``(4) The term `rule' has the meaning given such term in 
     section 551, except that such term does not include any rule 
     of particular applicability, including a rule that approves 
     or prescribes for the future rates, wages, prices, services, 
     or allowances therefore, corporate or financial structures, 
     reorganizations, mergers, or acquisitions thereof, or 
     accounting practices or disclosures bearing on any of the 
     foregoing.
       ``(5) The term `submission date or publication date', 
     except as otherwise provided in this chapter, means--
       ``(A) in the case of a major rule, the date on which the 
     Congress receives the report submitted under section 
     801(a)(1); and
       ``(B) in the case of a nonmajor rule, the later of--
       ``(i) the date on which the Congress receives the report 
     submitted under section 801(a)(1); and
       ``(ii) the date on which the nonmajor rule is published in 
     the Federal Register, if so published.
       ``(6) The term `agricultural entity' means any entity 
     involved in or related to agricultural enterprise, including 
     enterprises that are engaged in the business of production of 
     food and fiber, ranching and raising of livestock, 
     aquaculture, and all other farming and agricultural related 
     industries.
       ``(7) The term `carbon tax' means a fee, levy, or price 
     on--
       ``(A) emissions, including carbon dioxide emissions 
     generated by the burning of coal, natural gas, or oil; or
       ``(B) coal, natural gas, or oil based on emissions, 
     including carbon dioxide emissions that would be generated 
     through the fuel's combustion.

     ``Sec. 805. Judicial review

       ``(a) No determination, finding, action, or omission under 
     this chapter shall be subject to judicial review.
       ``(b) Notwithstanding subsection (a), a court may determine 
     whether a Federal agency has completed the necessary 
     requirements under this chapter for a rule to take effect.
       ``(c) The enactment of a joint resolution of approval under 
     section 802 shall not be interpreted to serve as a grant or 
     modification of statutory authority by Congress for the 
     promulgation of a rule, shall not extinguish or affect any 
     claim, whether substantive or procedural, against any alleged 
     defect in a rule, and shall not form part of the record 
     before the court in any judicial proceeding concerning a rule 
     except for purposes of determining whether or not the rule is 
     in effect.

     ``Sec. 806. Exemption for monetary policy

       ``Nothing in this chapter shall apply to rules that concern 
     monetary policy proposed or implemented by the Board of 
     Governors of the Federal Reserve System or the Federal Open 
     Market Committee.

     ``Sec. 807. Effective date of certain rules

       ``Notwithstanding section 801--
       ``(1) any rule that establishes, modifies, opens, closes, 
     or conducts a regulatory program for a commercial, 
     recreational, or subsistence activity related to hunting, 
     fishing, or camping; or
       ``(2) any rule other than a major rule which an agency for 
     good cause finds (and incorporates the finding and a brief 
     statement of reasons therefore in the rule issued) that 
     notice and public procedure thereon are impracticable, 
     unnecessary, or contrary to the public interest,
     shall take effect at such time as the Federal agency 
     promulgating the rule determines.''.

     SEC. 104. BUDGETARY EFFECTS OF RULES SUBJECT TO SECTION 802 
                   OF TITLE 5, UNITED STATES CODE.

       Section 257(b)(2) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 is amended by adding at the end 
     the following new subparagraph:
       ``(E) Budgetary effects of rules subject to section 802 of 
     title 5, united states code.--Any rules subject to the 
     congressional approval procedure set forth in section 802 of 
     chapter 8 of title 5, United States Code, affecting budget 
     authority, outlays, or receipts shall be assumed to be 
     effective unless it is not approved in accordance with such 
     section.''.

     SEC. 105. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study to determine, as of the date of 
     the enactment of this Act--
       (1) how many rules (as such term is defined in section 804 
     of title 5, United States Code) were in effect;
       (2) how many major rules (as such term is defined in 
     section 804 of title 5, United States Code) were in effect; 
     and
       (3) the total estimated economic cost imposed by all such 
     rules.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall submit a report to Congress that contains the 
     findings of the study conducted under subsection (a).

                TITLE II--PERMANENT INTERNET TAX FREEDOM

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Permanent Internet Tax 
     Freedom Act''.

     SEC. 202. PERMANENT MORATORIUM ON INTERNET ACCESS TAXES AND 
                   MULTIPLE AND DISCRIMINATORY TAXES ON ELECTRONIC 
                   COMMERCE.

       (a) In General.--Section 1101(a) of the Internet Tax 
     Freedom Act (47 U.S.C. 151 note) is amended by striking `` 
     during the period beginning November 1, 2003, and ending 
     November 1, 2014''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxes imposed after the date of the enactment 
     of this Act.

                     DIVISION V--NATURAL RESOURCES

    SUBDIVISION A--RESTORING HEALTHY FORESTS FOR HEALTHY COMMUNITIES

     SEC. 100. SHORT TITLE.

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

    TITLE I--RESTORING THE COMMITMENT TO RURAL COUNTIES AND SCHOOLS

     SEC. 101. PURPOSES.

       The purposes of this title are as follows:
       (1) To restore employment and educational opportunities in, 
     and improve the economic stability of, counties containing 
     National Forest System land.
       (2) To ensure that such counties have a dependable source 
     of revenue from National Forest System land.
       (3) To reduce Forest Service management costs while also 
     ensuring the protection of United States forests resources.

     SEC. 102. DEFINITIONS.

       In this title:
       (1) Annual volume requirement.--
       (A) In general.--The term ``annual volume requirement'', 
     with respect to a Forest Reserve Revenue Area, means a volume 
     of national forest materials no less than 50 percent of the 
     sustained yield of the Forest Reserve Revenue Area.
       (B) Exclusions.--In determining the volume of national 
     forest materials or the sustained yield of a Forest Reserve 
     Revenue Area, the Secretary may not include non-commercial 
     post and pole sales and personal use firewood.
       (2) Beneficiary county.--The term ``beneficiary county'' 
     means a political subdivision of a State that, on account of 
     containing National Forest System land, was eligible to 
     receive payments through the State under title I of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 7111 et seq.).
       (3) Catastrophic event.--The term ``catastrophic event'' 
     means an event (including severe fire, insect or disease 
     infestations, windthrow, or other extreme weather or natural 
     disaster) that the Secretary determines will cause or has 
     caused substantial damage to National Forest System land or 
     natural resources on National Forest System land.
       (4) Covered forest reserve project.--The terms ``covered 
     forest reserve project'' and ``covered project'' mean a 
     project involving the management or sale of national forest 
     materials within a Forest Reserve Revenue Area to generate 
     forest reserve revenues and achieve the annual volume 
     requirement for the Forest Reserve Revenue Area.
       (5) Forest reserve revenue area.--
       (A) In general.--The term ``Forest Reserve Revenue Area'' 
     means National Forest System land in a unit of the National 
     Forest System designated for sustainable forest management 
     for the production of national forest materials and forest 
     reserve revenues.
       (B) Inclusions.--Subject to subparagraph (C), but otherwise 
     notwithstanding any other provision of law, including 
     executive orders and regulations, the Secretary shall include 
     in Forest Reserve Revenue Areas not less than 50 percent of 
     the National Forest System lands identified as commercial 
     forest land capable of producing twenty cubic feet of timber 
     per acre.
       (C) Exclusions.--A Forest Reserve Revenue Area may not 
     include National Forest System land--
       (i) that is a component of the National Wilderness 
     Preservation System;
       (ii) on which the removal of vegetation is specifically 
     prohibited by Federal statute; or
       (iii) that is within a National Monument as of the date of 
     the enactment of this Act.
       (6) Forest reserve revenues.--The term ``forest reserve 
     revenues'' means revenues

[[Page H7793]]

     derived from the sale of national forest materials in a 
     Forest Reserve Revenue Area.
       (7) National forest materials.--The term ``national forest 
     materials'' has the meaning given that term in section 
     14(e)(1) of the National Forest Management Act of 1976 (16 
     U.S.C. 472a(e)(1)).
       (8) National forest system.--The term ``National Forest 
     System'' has the meaning given that term in section 11(a) of 
     the Forest and Rangeland Renewable Resources Planning Act of 
     1974 (16 U.S.C. 1609(a)), except that the term does not 
     include the National Grasslands and land utilization projects 
     designated as National Grasslands administered pursuant to 
     the Act of July 22, 1937 (7 U.S.C. 1010-1012).
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (10) Sustained yield.--The term ``sustained yield'' means 
     the maximum annual growth potential of the forest calculated 
     on the basis of the culmination of mean annual increment 
     using cubic measurement.
       (11) State.--The term ``State'' includes the Commonwealth 
     of Puerto Rico.
       (12) 25-percent payment.--The term ``25-percent payment'' 
     means the payment to States required by the sixth paragraph 
     under the heading of ``FOREST SERVICE'' in the Act of May 23, 
     1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act 
     of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).

     SEC. 103. ESTABLISHMENT OF FOREST RESERVE REVENUE AREAS AND 
                   ANNUAL VOLUME REQUIREMENTS.

       (a) Establishment of Forest Reserve Revenue Areas.--
     Notwithstanding any other provision of law, the Secretary 
     shall establish one or more Forest Reserve Revenue Areas 
     within each unit of the National Forest System.
       (b) Deadline for Establishment.--The Secretary shall 
     complete establishment of the Forest Reserve Revenue Areas 
     not later than 60 days after the date of enactment of this 
     Act,
       (c) Purpose.--The purpose of a Forest Reserve Revenue Area 
     is to provide a dependable source of 25-percent payments and 
     economic activity through sustainable forest management for 
     each beneficiary county containing National Forest System 
     land.
       (d) Fiduciary Responsibility.--The Secretary shall have a 
     fiduciary responsibility to beneficiary counties to manage 
     Forest Reserve Revenue Areas to satisfy the annual volume 
     requirement.
       (e) Determination of Annual Volume Requirement.--Not later 
     than 30 days after the date of the establishment of a Forest 
     Reserve Revenue Area, the Secretary shall determine the 
     annual volume requirement for that Forest Reserve Revenue 
     Area.
       (f) Limitation on Reduction of Forest Reserve Revenue 
     Areas.--Once a Forest Reserve Revenue Area is established 
     under subsection (a), the Secretary may not reduce the number 
     of acres of National Forest System land included in that 
     Forest Reserve Revenue Area.
       (g) Map.--The Secretary shall provide a map of all Forest 
     Reserve Revenue Areas established under subsection (a) for 
     each unit of the National Forest System--
       (1) to the Committee on Agriculture and the Committee on 
     Natural Resources of the House of Representatives; and
       (2) to the Committee on Agriculture, Nutrition, and 
     Forestry and the Committee on Energy and Natural Resources of 
     the Senate.
       (h) Recognition of Valid and Existing Rights.--Neither the 
     establishment of Forest Reserve Revenue Areas under 
     subsection (a) nor any other provision of this title shall be 
     construed to limit or restrict--
       (1) access to National Forest System land for hunting, 
     fishing, recreation, and other related purposes; or
       (2) valid and existing rights regarding National Forest 
     System land, including rights of any federally recognized 
     Indian tribe.

     SEC. 104. MANAGEMENT OF FOREST RESERVE REVENUE AREAS.

       (a) Requirement To Achieve Annual Volume Requirement.--
     Immediately upon the establishment of a Forest Reserve 
     Revenue Area, the Secretary shall manage the Forest Reserve 
     Revenue Area in the manner necessary to achieve the annual 
     volume requirement for the Forest Reserve Revenue Area. The 
     Secretary is authorized and encouraged to commence covered 
     forest reserve projects as soon as practicable after the date 
     of the enactment of this Act to begin generating forest 
     reserve revenues.
       (b) Standards for Projects Within Forest Reserve Revenue 
     Areas.--The Secretary shall conduct covered forest reserve 
     projects within Forest Reserve Revenue Areas in accordance 
     with this section, which shall serve as the sole means by 
     which the Secretary will comply with the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) and 
     other laws applicable to the covered projects.
       (c) Environmental Analysis Process for Projects in Forest 
     Reserve Revenue Areas.--
       (1) Environmental assessment.--The Secretary shall give 
     published notice and complete an environmental assessment 
     pursuant to section 102(2) of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4332(2)) for a covered forest 
     reserve project proposed to be conducted within a Forest 
     Reserve Revenue Area, except that the Secretary is not 
     required to study, develop, or describe any alternative to 
     the proposed agency action.
       (2) Cumulative effects.--The Secretary shall consider 
     cumulative effects solely by evaluating the impacts of a 
     proposed covered forest reserve project combined with the 
     impacts of any other projects that were approved with a 
     Decision Notice or Record of Decision before the date on 
     which the Secretary published notice of the proposed covered 
     project. The cumulative effects of past projects may be 
     considered in the environmental assessment by using a 
     description of the current environmental conditions.
       (3) Length.--The environmental assessment prepared for a 
     proposed covered forest reserve project shall not exceed 100 
     pages in length. The Secretary may incorporate in the 
     environmental assessment, by reference, any documents that 
     the Secretary determines, in the sole discretion of the 
     Secretary, are relevant to the assessment of the 
     environmental effects of the covered project.
       (4) Deadline for completion.--The Secretary shall complete 
     the environmental assessment for a covered forest reserve 
     project within 180 days after the date on which the Secretary 
     published notice of the proposed covered project.
       (5) Treatment of decision notice.--The decision notice for 
     a covered forest reserve project shall be considered a final 
     agency action and no additional analysis under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) 
     shall be required to implement any portion of the covered 
     project.
       (6) Categorical exclusion.--A covered forest reserve 
     project that is proposed in response to a catastrophic event, 
     that covers an area of 10,000 acres or less, or an eligible 
     hazardous fuel reduction or forest health project proposed 
     under title II that involves the removal of insect-infected 
     trees, dead or dying trees, trees presenting a threat to 
     public safety, or other hazardous fuels within 500 feet of 
     utility or telephone infrastructure, campgrounds, roadsides, 
     heritage sites, recreation sites, schools, or other 
     infrastructure, shall be categorically excluded from the 
     requirements of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4331 et seq.).
       (d) Application of Land and Resource Management Plan.--The 
     Secretary may modify the standards and guidelines contained 
     in the land and resource management plan for the unit of the 
     National Forest System in which the covered forest reserve 
     project will be carried out as necessary to achieve the 
     requirements of this subdivision. Section 6(g)(3)(E)(iv) of 
     the Forest and Rangeland Renewable Resources Planning Act of 
     1974 (16 U.S.C. 1604(g)(3)(E)(iv)) shall not apply to a 
     covered forest reserve project.
       (e) Compliance With Endangered Species Act.--
       (1) Non-jeopardy assessment.--If the Secretary determines 
     that a proposed covered forest reserve project may affect the 
     continued existence of any species listed as endangered or 
     threatened under section 4 of the Endangered Species Act of 
     1973 (16 U.S.C. 1533), the Secretary shall issue a 
     determination explaining the view of the Secretary that the 
     proposed covered project is not likely to jeopardize the 
     continued existence of the species.
       (2) Submission, review, and response.--
       (A) Submission.--The Secretary shall submit a determination 
     issued by the Secretary under paragraph (1) to the Secretary 
     of the Interior or the Secretary of Commerce, as appropriate.
       (B) Review and response.--Within 30 days after receiving a 
     determination under subparagraph (A), the Secretary of the 
     Interior or the Secretary of Commerce, as appropriate, shall 
     provide a written response to the Secretary concurring in or 
     rejecting the Secretary's determination. If the Secretary of 
     the Interior or the Secretary of Commerce rejects the 
     determination, the written response shall include 
     recommendations for measures that--
       (i) will avoid the likelihood of jeopardy to an endangered 
     or threatened species;
       (ii) can be implemented in a manner consistent with the 
     intended purpose of the covered forest reserve project;
       (iii) can be implemented consistent with the scope of the 
     Secretary's legal authority and jurisdiction; and
       (iv) are economically and technologically feasible.
       (3) Formal consultation.--If the Secretary of the Interior 
     or the Secretary of Commerce rejects a determination issued 
     by the Secretary under paragraph (1), the Secretary of the 
     Interior or the Secretary of Commerce also is required to 
     engage in formal consultation with the Secretary. The 
     Secretaries shall complete such consultation pursuant to 
     section 7 of the Endangered Species Act of 1973 (16 U.S.C. 
     1536) within 90 days after the submission of the written 
     response under paragraph (2).
       (f) Administrative and Judicial Review.--
       (1) Administrative review.--Administrative review of a 
     covered forest reserve project shall occur only in accordance 
     with the special administrative review process established 
     under section 105 of the Healthy Forests Restoration Act of 
     2003 (16 U.S.C. 6515).
       (2) Judicial review.--
       (A) In general.--Judicial review of a covered forest 
     reserve project shall occur in accordance with section 106 of 
     the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6516), 
     except that a court of the United States may not issue a 
     restraining order, preliminary injunction, or injunction 
     pending appeal covering a covered forest reserve project in 
     response to an allegation that the Secretary

[[Page H7794]]

     violated any procedural requirement applicable to how the 
     project was selected, planned, or analyzed.
       (B) Bond required.--A plaintiff challenging a covered 
     forest reserve project shall be required to post a bond or 
     other security acceptable to the court for the reasonably 
     estimated costs, expenses, and attorneys fees of the 
     Secretary as defendant. All proceedings in the action shall 
     be stayed until the security is given. If the plaintiff has 
     not complied with the order to post such bond or other 
     security within 90 days after the date of service of the 
     order, then the action shall be dismissed with prejudice.
       (C) Recovery.--If the Secretary prevails in the case, the 
     Secretary shall submit to the court a motion for payment of 
     all litigation expenses.
       (g) Use of All-Terrain Vehicles for Management 
     Activities.--The Secretary may allow the use of all-terrain 
     vehicles within the Forest Reserve Revenue Areas for the 
     purpose of activities associated with the sale of national 
     forest materials in a Forest Reserve Revenue Area.

     SEC. 105. DISTRIBUTION OF FOREST RESERVE REVENUES.

       (a) 25-Percent Payments.--The Secretary shall use forest 
     reserve revenues generated by a covered forest reserve 
     project to make 25-percent payments to States for the benefit 
     of beneficiary counties.
       (b) Deposit in Knutson-Vandenberg and Salvage Sale Funds.--
     After compliance with subsection (a), the Secretary shall use 
     forest reserve revenues to make deposits into the fund 
     established under section 3 of the Act of June 9, 1930 (16 
     U.S.C. 576b; commonly known as the Knutson-Vandenberg Fund) 
     and the fund established under section 14(h) of the National 
     Forest Management Act of 1976 (16 U.S.C. 472a(h); commonly 
     known as the salvage sale fund) in contributions equal to the 
     monies otherwise collected under those Acts for projects 
     conducted on National Forest System land.
       (c) Deposit in General Fund of the Treasury.--After 
     compliance with subsections (a) and (b), the Secretary shall 
     deposit remaining forest reserve revenues into the general 
     fund of the Treasury.

     SEC. 106. ANNUAL REPORT.

       (a) Report Required.--Not later than 60 days after the end 
     of each fiscal year, the Secretary shall submit to Congress 
     an annual report specifying the annual volume requirement in 
     effect for that fiscal year for each Forest Reserve Revenue 
     Area, the volume of board feet actually harvested for each 
     Forest Reserve Revenue Area, the average cost of preparation 
     for timber sales, the forest reserve revenues generated from 
     such sales, and the amount of receipts distributed to each 
     beneficiary county.
       (b) Form of Report.--The information required by subsection 
     (a) to be provided with respect to a Forest Reserve Revenue 
     Area shall be presented on a single page. In addition to 
     submitting each report to Congress, the Secretary shall also 
     make the report available on the website of the Forest 
     Service.

     TITLE II--HEALTHY FOREST MANAGEMENT AND CATASTROPHIC WILDFIRE 
                               PREVENTION

     SEC. 201. PURPOSES.

       The purposes of this title are as follows:
       (1) To provide the Secretary of Agriculture and the 
     Secretary of the Interior with the tools necessary to reduce 
     the potential for wildfires.
       (2) To expedite wildfire prevention projects to reduce the 
     chances of wildfire on certain high-risk Federal lands.
       (3) To protect communities and forest habitat from 
     uncharacteristic wildfires.
       (4) To enhance aquatic conditions and terrestrial wildlife 
     habitat.
       (5) To restore diverse and resilient landscapes through 
     improved forest conditions.

     SEC. 202. DEFINITIONS.

       In this title:
       (1) At-risk community.--The term ``at-risk community'' has 
     the meaning given that term in section 101 of the Healthy 
     Forests Restoration Act of 2003 (16 U.S.C. 6511).
       (2) At-risk forest.--The term ``at-risk forest'' means--
       (A) Federal land in condition class II or III, as those 
     classes were developed by the Forest Service Rocky Mountain 
     Research Station in the general technical report titled 
     ``Development of Coarse-Scale Spatial Data for Wildland Fire 
     and Fuel Management'' (RMRS-87) and dated April 2000 or any 
     subsequent revision of the report; or
       (B) Federal land where there exists a high risk of losing 
     an at-risk community, key ecosystem, water supply, wildlife, 
     or wildlife habitat to wildfire, including catastrophic 
     wildfire and post-fire disturbances, as designated by the 
     Secretary concerned.
       (3) Federal land.--
       (A) Covered land.--The term ``Federal land'' means--
       (i) land of the National Forest System (as defined in 
     section 11(a) of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1609(a))); or
       (ii) public lands (as defined in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702)).
       (B) Excluded land.--The term does not include land--
       (i) that is a component of the National Wilderness 
     Preservation System;
       (ii) on which the removal of vegetation is specifically 
     prohibited by Federal statute; or
       (iii) that is within a National Monument as of the date of 
     the enactment of this Act.
       (4) High-risk area.--The term ``high-risk area'' means an 
     area of Federal land identified under section 205 as an area 
     suffering from the bark beetle epidemic, drought, or 
     deteriorating forest health conditions, with the resulting 
     imminent risk of devastating wildfires, or otherwise at high 
     risk for bark beetle infestation, drought, or wildfire.
       (5) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) the Secretary of Agriculture, in the case of National 
     Forest System land; and
       (B) the Secretary of the Interior, in the case of public 
     lands.
       (6) Eligible hazardous fuel reduction and forest health 
     projects.--The terms ``hazardous fuel reduction project'' or 
     ``forest health project'' mean the measures and methods 
     developed for a project to be carried out on Federal land--
       (A) in an at-risk forest under section 203 for hazardous 
     fuels reduction, forest health, forest restoration, or 
     watershed restoration, using ecological restoration 
     principles consistent with the forest type where such project 
     will occur; or
       (B) in a high-risk area under section 206.

     SEC. 203. HAZARDOUS FUEL REDUCTION PROJECTS AND FOREST HEALTH 
                   PROJECTS IN AT-RISK FORESTS.

       (a) Implementation.--As soon as practicable after the date 
     of the enactment of this Act, the Secretary concerned is 
     authorized to implement a hazardous fuel reduction project or 
     a forest health project in at-risk forests in a manner that 
     focuses on surface, ladder, and canopy fuels reduction 
     activities using ecological restoration principles consistent 
     with the forest type in the location where such project will 
     occur.
       (b) Authorized Practices.--
       (1) Inclusion of livestock grazing and timber harvesting.--
     A hazardous fuel reduction project or a forest health project 
     may include livestock grazing and timber harvest projects 
     carried out for the purposes of hazardous fuels reduction, 
     forest health, forest restoration, watershed restoration, or 
     threatened and endangered species habitat protection or 
     improvement, if the management action is consistent with 
     achieving long-term ecological restoration of the forest type 
     in the location where such project will occur.
       (2) Grazing.--Domestic livestock grazing may be used in a 
     hazardous fuel reduction project or a forest health project 
     to reduce surface fuel loads and to recover burned areas. 
     Utilization standards shall not apply when domestic livestock 
     grazing is used in such a project.
       (3) Timber harvesting and thinning.--Timber harvesting and 
     thinning, where the ecological restoration principles are 
     consistent with the forest type in the location where such 
     project will occur, may be used in a hazardous fuel reduction 
     project or a forest health project to reduce ladder and 
     canopy fuel loads to prevent unnatural fire.
       (c) Priority.--The Secretary concerned shall give priority 
     to hazardous fuel reduction projects and forest health 
     projects submitted by the Governor of a State as provided in 
     section 206(c) and to projects submitted under the Tribal 
     Forest Protection Act of 2004 (25 U.S.C. 3115a).

     SEC. 204. ENVIRONMENTAL ANALYSIS.

       Subsections (b) through (f) of section 104 shall apply to 
     the implementation of a hazardous fuel reduction project or a 
     forest health project under this title. In addition, if the 
     primary purpose of a hazardous fuel reduction project or a 
     forest health project under this title is the salvage of 
     dead, damaged, or down timber resulting from wildfire 
     occurring in 2013 or 2014, the hazardous fuel reduction 
     project or forest health project, and any decision of the 
     Secretary concerned in connection with the project, shall not 
     be subject to judicial review or to any restraining order or 
     injunction issued by a United States court.

     SEC. 205. STATE DESIGNATION OF HIGH-RISK AREAS OF NATIONAL 
                   FOREST SYSTEM AND PUBLIC LANDS.

       (a) Designation Authority.--The Governor of a State may 
     designate high-risk areas of Federal land in the State for 
     the purposes of addressing--
       (1) deteriorating forest health conditions in existence as 
     of the date of the enactment of this Act due to the bark 
     beetle epidemic or drought, with the resulting imminent risk 
     of devastating wildfires; and
       (2) the future risk of insect infestations or disease 
     outbreaks through preventative treatments to improve forest 
     health conditions.
       (b) Consultation.--In designating high-risk areas, the 
     Governor of a State shall consult with county government from 
     affected counties and with affected Indian tribes.
       (c) Exclusion of Certain Areas.--The following Federal land 
     may not be designated as a high-risk area:
       (1) A component of the National Wilderness Preservation 
     System.
       (2) Federal land on which the removal of vegetation is 
     specifically prohibited by Federal statute.
       (3) Federal land within a National Monument as of the date 
     of the enactment of this Act.
       (d) Standards for Designation.--Designation of high-risk 
     areas shall be consistent with standards and guidelines 
     contained in the land and resource management plan or land 
     use plan for the unit of Federal land for which the 
     designation is being made, except that the Secretary 
     concerned may modify

[[Page H7795]]

     such standards and guidelines to correspond with a specific 
     high-risk area designation.
       (e) Time for Initial Designations.--The first high-risk 
     areas should be designated not later than 60 days after the 
     date of the enactment of this Act, but high-risk areas may be 
     designated at any time consistent with subsection (a).
       (f) Duration of Designation.--The designation of a high-
     risk area in a State shall expire 20 years after the date of 
     the designation, unless earlier terminated by the Governor of 
     the State.
       (g) Redesignation.--The expiration of the 20-year period 
     specified in subsection (f) does not prohibit the Governor 
     from redesignating an area of Federal land as a high-risk 
     area under this section if the Governor determines that the 
     Federal land continues to be subject to the terms of this 
     section.
       (h) Recognition of Valid and Existing Rights.--The 
     designation of a high-risk area shall not be construed to 
     limit or restrict--
       (1) access to Federal land included in the area for 
     hunting, fishing, and other related purposes; or
       (2) valid and existing rights regarding the Federal land.

     SEC. 206. USE OF HAZARDOUS FUELS REDUCTION OR FOREST HEALTH 
                   PROJECTS FOR HIGH-RISK AREAS.

       (a) Project Proposals.--
       (1) Proposals authorized.--Upon designation of a high-risk 
     area in a State, the Governor of the State may provide for 
     the development of proposed hazardous fuel reduction projects 
     or forest health projects for the high-risk area.
       (2) Project criteria.--In preparing a proposed hazardous 
     fuel reduction project or a forest health project, the 
     Governor of a State and the Secretary concerned shall--
       (A) take into account managing for rights of way, 
     protection of watersheds, protection of wildlife and 
     endangered species habitat, safe-guarding water resources, 
     and protecting at-risk communities from wildfires; and
       (B) emphasize activities that thin the forest to provide 
     the greatest health and longevity of the forest.
       (b) Consultation.--In preparing a proposed hazardous fuel 
     reduction project or a forest health project, the Governor of 
     a State shall consult with county government from affected 
     counties, and with affected Indian tribes.
       (c) Submission and Implementation.--The Governor of a State 
     shall submit proposed emergency hazardous fuel reduction 
     projects and forest health projects to the Secretary 
     concerned for implementation as provided in section 203.

     SEC. 207. MORATORIUM ON USE OF PRESCRIBED FIRE IN MARK TWAIN 
                   NATIONAL FOREST, MISSOURI, PENDING REPORT.

       (a) Moratorium.--Except as provided in subsection (b), the 
     Secretary of Agriculture may not conduct any prescribed fire 
     in Mark Twain National Forest, Missouri, under the 
     Collaborative Forest Landscape Restoration Project until the 
     report required by subsection (c) is submitted to Congress.
       (b) Exception for Wildfire Suppression.--Subsection (a) 
     does not prohibit the use of prescribed fire as part of 
     wildfire suppression activities.
       (c) Report Required.--Not later than one year after the 
     date of the enactment of this Act, the Secretary of 
     Agriculture shall submit to Congress a report containing an 
     evaluation of recent and current Forest Service management 
     practices for Mark Twain National Forest, including lands in 
     the National Forest enrolled, or under consideration for 
     enrollment, in the Collaborative Forest Landscape Restoration 
     Project to convert certain lands into shortleaf pine-oak 
     woodlands, to determine the impact of such management 
     practices on forest health and tree mortality. The report 
     shall specifically address--
       (1) the economic costs associated with the failure to 
     utilize hardwoods cut as part of the Collaborative Forest 
     Landscape Restoration Project and the subsequent loss of 
     hardwood production from the treated lands in the long term;
       (2) the extent of increased tree mortality due to excessive 
     heat generated by prescribed fires;
       (3) the impacts to water quality and rate of water run off 
     due to erosion of the scorched earth left in the aftermath of 
     the prescribed fires; and
       (4) a long-term plan for evaluation of the impacts of 
     prescribed fires on lands previously burned within the Eleven 
     Point Ranger District.

     TITLE III--OREGON AND CALIFORNIA RAILROAD GRANT LANDS TRUST, 
                         CONSERVATION, AND JOBS

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``O&C Trust, Conservation, 
     and Jobs Act''.

     SEC. 302. DEFINITIONS.

       In this title:
       (1) Affiliates.--The term ``Affiliates'' has the meaning 
     given such term in part 121 of title 13, Code of Federal 
     Regulations.
       (2) Board of trustees.--The term ``Board of Trustees'' 
     means the Board of Trustees for the Oregon and California 
     Railroad Grant Lands Trust appointed under section 313.
       (3) Coos bay wagon road grant lands.--The term ``Coos Bay 
     Wagon Road Grant lands'' means the lands reconveyed to the 
     United States pursuant to the first section of the Act of 
     February 26, 1919 (40 Stat. 1179).
       (4) Fiscal year.--The term ``fiscal year'' means the 
     Federal fiscal year, October 1 through the next September 30.
       (5) Governor.--The term ``Governor'' means the Governor of 
     the State of Oregon.
       (6) O&C region public domain lands.--The term ``O&C Region 
     Public Domain lands'' means all the land managed by the 
     Bureau of Land Management in the Salem District, Eugene 
     District, Roseburg District, Coos Bay District, and Medford 
     District in the State of Oregon, excluding the Oregon and 
     California Railroad Grant lands and the Coos Bay Wagon Road 
     Grant lands.
       (7) O&C trust.--The terms ``Oregon and California Railroad 
     Grant Lands Trust'' and ``O&C Trust'' mean the trust created 
     by section 311, which has fiduciary responsibilities to act 
     for the benefit of the O&C Trust counties in the management 
     of O&C Trust lands.
       (8) O&C trust county.--The term ``O&C Trust county'' means 
     each of the 18 counties in the State of Oregon that contained 
     a portion of the Oregon and California Railroad Grant lands 
     as of January 1, 2013, each of which are beneficiaries of the 
     O&C Trust.
       (9) O&C trust lands.--The term ``O&C Trust lands'' means 
     the surface estate of the lands over which management 
     authority is transferred to the O&C Trust pursuant to section 
     311(c)(1). The term does not include any of the lands 
     excluded from the O&C Trust pursuant to section 311(c)(2), 
     transferred to the Forest Service under section 321, or 
     Tribal lands transferred under subtitle D.
       (10) Oregon and california railroad grant lands.--The term 
     ``Oregon and California Railroad Grant lands'' means the 
     following lands:
       (A) All lands in the State of Oregon revested in the United 
     States under the Act of June 9, 1916 (39 Stat. 218), 
     regardless of whether the lands are--
       (i) administered by the Secretary of the Interior, acting 
     through the Bureau of Land Management, pursuant to the first 
     section of the Act of August 28, 1937 (43 U.S.C. 1181a); or
       (ii) administered by the Secretary of Agriculture as part 
     of the National Forest System pursuant to the first section 
     of the Act of June 24, 1954 (43 U.S.C. 1181g).
       (B) All lands in the State obtained by the Secretary of the 
     Interior pursuant to the land exchanges authorized and 
     directed by section 2 of the Act of June 24, 1954 (43 U.S.C. 
     1181h).
       (C) All lands in the State acquired by the United States at 
     any time and made subject to the provisions of title II of 
     the Act of August 28, 1937 (43 U.S.C. 1181f).
       (11) Reserve fund.--The term ``Reserve Fund'' means the 
     reserve fund created by the Board of Trustees under section 
     315(b).
       (12) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) the Secretary of the Interior, with respect to Oregon 
     and California Railroad Grant lands that are transferred to 
     the management authority of the O&C Trust and, immediately 
     before such transfer, were managed by the Bureau of Land 
     Management; and
       (B) the Secretary of Agriculture, with respect to Oregon 
     and California Railroad Grant lands that--
       (i) are transferred to the management authority of the O&C 
     Trust and, immediately before such transfer, were part of the 
     National Forest System; or
       (ii) are transferred to the Forest Service under section 
     321.
       (13) State.--The term ``State'' means the State of Oregon.
       (14) Transition period.--The term ``transition period'' 
     means the three fiscal-year period specified in section 331 
     following the appointment of the Board of Trustees during 
     which--
       (A) the O&C Trust is created; and
       (B) interim funding of the O&C Trust is secured.
       (15) Tribal lands.--The term ``Tribal lands'' means any of 
     the lands transferred to the Cow Creek Band of the Umpqua 
     Tribe of Indians or the Confederated Tribes of Coos, Lower 
     Umpqua, and Siuslaw Indians under subtitle D.

               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.

       (a) Creation.--The Oregon and California Railroad Grant 
     Lands Trust is established effective on October 1 of the 
     first fiscal year beginning after the appointment of the 
     Board of Trustees. As management authority over the surface 
     of estate of the O&C Trust lands is transferred to the O&C 
     Trust during the transition period pursuant to section 331, 
     the transferred lands shall be held in trust for the benefit 
     of the O&C Trust counties.
       (b) Trust Purpose.--The purpose of the O&C Trust is to 
     produce annual maximum sustained revenues in perpetuity for 
     O&C Trust counties by managing the timber resources on O&C 
     Trust lands on a sustained-yield basis subject to the 
     management requirements of section 314.
       (c) Designation of O&C Trust Lands.--
       (1) Lands included.--Except as provided in paragraph (2), 
     the O&C Trust lands shall include all of the lands containing 
     the stands of timber described in subsection (d) that are 
     located, as of January 1, 2013, on Oregon and California 
     Railroad Grant lands and O&C Region Public Domain lands.
       (2) Lands excluded.--O&C Trust lands shall not include any 
     of the following Oregon and California Railroad Grant lands 
     and O&C

[[Page H7796]]

     Region Public Domain lands (even if the lands are otherwise 
     described in subsection (d)):
       (A) Federal lands within the National Landscape 
     Conservation System as of January 1, 2013.
       (B) Federal lands designated as Areas of Critical 
     Environmental Concern as of January 1, 2013.
       (C) Federal lands that were in the National Wilderness 
     Preservation System as of January 1, 2013.
       (D) Federal lands included in the National Wild and Scenic 
     Rivers System of January 1, 2013.
       (E) Federal lands within the boundaries of a national 
     monument, park, or other developed recreation area as of 
     January 1, 2013.
       (F) Oregon treasures addressed in subtitle C, any portion 
     of which, as of January 1, 2013, consists of Oregon and 
     California Railroad Grant lands or O&C Region Public Domain 
     lands.
       (G) Tribal lands addressed in subtitle D.
       (d) Covered Stands of Timber.--
       (1) Description.--The O&C Trust lands consist of stands of 
     timber that have previously been managed for timber 
     production or that have been materially altered by natural 
     disturbances since 1886. Most of these stands of timber are 
     80 years old or less, and all of such stands can be 
     classified as having a predominant stand age of 125 years or 
     less.
       (2) Delineation of boundaries by bureau of land 
     management.--The Oregon and California Railroad Grant lands 
     and O&C Region Public Domain lands that, immediately before 
     transfer to the O&C Trust, were managed by the Bureau of Land 
     Management are timber stands that have predominant birth date 
     attributes of 1886 or later, with boundaries that are defined 
     by polygon spatial data layer in and electronic data 
     compilation filed by the Bureau of Land Management pursuant 
     to paragraph (4). Except as provided in paragraph (5), the 
     boundaries of all timber stands constituting the O&C Trust 
     lands are finally and conclusively determined for all 
     purposes by coordinates in or derived by reference to the 
     polygon spatial data layer prepared by the Bureau of Land 
     Management and filed pursuant to paragraph (4), 
     notwithstanding anomalies that might later be discovered on 
     the ground. The boundary coordinates are locatable on the 
     ground by use of global positioning system signals. In cases 
     where the location of the stand boundary is disputed or is 
     inconsistent with paragraph (1), the location of boundary 
     coordinates on the ground shall be, except as otherwise 
     provided in paragraph (5), finally and conclusively 
     determined for all purposes by the direct or indirect use of 
     global positioning system equipment with accuracy 
     specification of one meter or less.
       (3) Delineation of boundaries by forest service.--The O&C 
     Trust lands that, immediately before transfer to the O&C 
     Trust, were managed by the Forest Service are timber stands 
     that can be classified as having predominant stand ages of 
     125 years old or less. Within 30 days after the date of the 
     enactment of this Act, the Secretary of Agriculture shall 
     commence identification of the boundaries of such stands, and 
     the boundaries of all such stands shall be identified and 
     made available to the Board of Trustees not later than 180 
     days following the creation of the O&C Trust pursuant to 
     subsection (a). In identifying the stand boundaries, the 
     Secretary may use geographic information system data, 
     satellite imagery, cadastral survey coordinates, or any other 
     means available within the time allowed. The boundaries shall 
     be provided to the Board of Trustees within the time allowed 
     in the form of a spatial data layer from which coordinates 
     can be derived that are locatable on the ground by use of 
     global positioning system signals. Except as provided in 
     paragraph (5), the boundaries of all timber stands 
     constituting the O&C Trust lands are finally and conclusively 
     determined for all purposes by coordinates in or derived by 
     reference to the data provided by the Secretary within the 
     time provided by this paragraph, notwithstanding anomalies 
     that might later be discovered on the ground. In cases where 
     the location of the stand boundary is disputed or 
     inconsistent with paragraph (1), the location of boundary 
     coordinates on the ground shall be, except as otherwise 
     provided in paragraph (5), finally and conclusively 
     determined for all purposes by the boundary coordinates 
     provided by the Secretary as they are located on the ground 
     by the direct or indirect use of global positioning system 
     equipment with accuracy specifications of one meter or less. 
     All actions taken by the Secretary under this paragraph shall 
     be deemed to not involve Federal agency action or Federal 
     discretionary involvement or control.
       (4) Data and maps.--Copies of the data containing boundary 
     coordinates for the stands included in the O&C Trust lands, 
     or from which such coordinates are derived, and maps 
     generally depicting the stand locations shall be filed with 
     the Committee on Energy and Natural Resources of the Senate, 
     the Committee on Natural Resources of the House of 
     Representatives, and the office of the Secretary concerned. 
     The maps and data shall be filed--
       (A) not later than 90 days after the date of the enactment 
     of this Act, in the case of the lands identified pursuant to 
     paragraph (2); and
       (B) not later than 180 days following the creation of the 
     O&C Trust pursuant to subsection (a), in the case of lands 
     identified pursuant to paragraph (3).
       (5) Adjustment authority and limitations.--
       (A) No impact on determining title or property ownership 
     boundaries.--Stand boundaries identified under paragraph (2) 
     or (3) shall not be relied upon for purposes of determining 
     title or property ownership boundaries. If the boundary of a 
     stand identified under paragraph (2) or (3) extends beyond 
     the property ownership boundaries of Oregon and California 
     Railroad Grant lands or O&C Region Public Domain lands, as 
     such property boundaries exist on the date of enactment of 
     this Act, then that stand boundary is deemed adjusted by this 
     subparagraph to coincide with the property ownership 
     boundary.
       (B) Effect of data errors or inconsistencies.--Data errors 
     or inconsistencies may result in parcels of land along 
     property ownership boundaries that are unintentionally 
     omitted from the O&C Trust lands that are identified under 
     paragraph (2) or (3). In order to correct such errors, any 
     parcel of land that satisfies all of the following criteria 
     is hereby deemed to be O&C Trust land:
       (i) The parcel is within the ownership boundaries of Oregon 
     and California Railroad Grant lands or O&C Region Public 
     Domain lands on the date of the enactment of this Act.
       (ii) The parcel satisfies the description in paragraph (1) 
     on the date of enactment of this Act.
       (iii) The parcel is not excluded from the O&C Trust lands 
     pursuant to subsection (c)(2).
       (C) No impact on land exchange authority.--Nothing in this 
     subsection is intended to limit the authority of the Trust 
     and the Forest Service to engage in land exchanges between 
     themselves or with owners of non-Federal land as provided 
     elsewhere in this title.

     SEC. 312. LEGAL EFFECT OF O&C TRUST AND JUDICIAL REVIEW.

       (a) Legal Status of Trust Lands.--Subject to the other 
     provisions of this section, all right, title, and interest in 
     and to the O&C Trust lands remain in the United States, 
     except that--
       (1) the Board of Trustees shall have all authority to 
     manage the surface estate of the O&C Trust lands and the 
     resources found thereon;
       (2) actions on the O&C Trust lands shall be deemed to 
     involve no Federal agency action or Federal discretionary 
     involvement or control and the laws of the State shall apply 
     to the surface estate of the O&C Trust lands in the manner 
     applicable to privately owned timberlands in the State; and
       (3) the O&C Trust shall be treated as the beneficial owner 
     of the surface estate of the O&C Trust lands for purposes of 
     all legal proceedings involving the O&C Trust lands.
       (b) Minerals.--
       (1) In general.--Mineral and other subsurface rights in the 
     O&C Trust lands are retained by the United States or other 
     owner of such rights as of the date on which management 
     authority over the surface estate of the lands are 
     transferred to the O&C Trust.
       (2) Rock and gravel.--
       (A) Use authorized; purpose.--For maintenance or 
     construction on the road system under the control of the O&C 
     Trust or for non-Federal lands intermingled with O&C Trust 
     lands, the Board of Trustees may--
       (i) utilize rock or gravel found within quarries in 
     existence immediately before the date of the enactment of 
     this Act on any Oregon and California Railroad Grant lands 
     and O&C Region Public Domain lands, excluding those lands 
     designated under subtitle C or transferred under subtitle D; 
     and
       (ii) construct new quarries on O&C Trust lands, except that 
     any quarry so constructed may not exceed 5 acres.
       (B) Exception.--The Board of Trustees shall not construct 
     new quarries on any of the lands transferred to the Forest 
     Service under section 321 or lands designated under subtitle 
     D.
       (c) Roads.--
       (1) In general.--Except as provided in subsection (b), the 
     Board of Trustees shall assume authority and responsibility 
     over, and have authority to use, all roads and the road 
     system specified in the following subparagraphs:
       (A) All roads and road systems on the Oregon and California 
     Railroad and Grant lands and O&C Region Public Domain lands 
     owned or administered by the Bureau of Land Management 
     immediately before the date of the enactment of this Act, 
     except that the Secretary of Agriculture shall assume the 
     Secretary of Interior's obligations for pro-rata maintenance 
     expense and road use fees under reciprocal right-of-way 
     agreements for those lands transferred to the Forest Service 
     under section 321. All of the lands transferred to the Forest 
     Service under section 321 shall be considered as part of the 
     tributary area used to calculate pro-rata maintenance expense 
     and road use fees.
       (B) All roads and road systems owned or administered by the 
     Forest Service immediately before the date of the enactment 
     of this Act and subsequently included within the boundaries 
     of the O&C Trust lands.
       (C) All roads later added to the road system for management 
     of the O&C Trust lands.
       (2) Lands transferred to forest service.--The Secretary of 
     Agriculture shall assume the obligations of the Secretary of 
     Interior for pro-rata maintenance expense and road use fees 
     under reciprocal rights-of-way agreements for those Oregon 
     and California Railroad Grant lands or O&C Region Public

[[Page H7797]]

     Domain lands transferred to the Forest Service under section 
     321.
       (3) Compliance with clean water act.--All roads used, 
     constructed, or reconstructed under the jurisdiction of the 
     O&C Trust must comply with requirements of the Federal Water 
     Pollution Control Act (33 U.S.C. 1251 et seq.) applicable to 
     private lands through the use of Best Management Practices 
     under the Oregon Forest Practices Act.
       (d) Public Access.--
       (1) In general.--Subject to paragraph (2), public access to 
     O&C Trust lands shall be preserved consistent with the 
     policies of the Secretary concerned applicable to the O&C 
     Trust lands as of the date on which management authority over 
     the surface estate of the lands is transferred to the O&C 
     Trust.
       (2) Restrictions.--The Board of Trustees may limit or 
     control public access for reasons of public safety or to 
     protect the resources on the O&C Trust lands.
       (e) Limitations.--The assets of the O&C Trust shall not be 
     subject to the creditors of an O&C Trust county, or otherwise 
     be distributed in an unprotected manner or be subject to 
     anticipation, encumbrance, or expenditure other than for a 
     purpose for which the O&C Trust was created.
       (f) Remedy.--An O&C Trust county shall have all of the 
     rights and remedies that would normally accrue to a 
     beneficiary of a trust. An O&C Trust county shall provide the 
     Board of Trustees, the Secretary concerned, and the Attorney 
     General with not less than 60 days notice of an intent to sue 
     to enforce the O&C Trust county's rights under the O&C Trust.
       (g) Judicial Review.--
       (1) In general.--Except as provided in paragraph (2), 
     judicial review of any provision of this title shall be 
     sought in the United States Court of Appeals for the District 
     of Columbia Circuit. Parties seeking judicial review of the 
     validity of any provision of this title must file suit within 
     90 days after the date of the enactment of this Act and no 
     preliminary injunctive relief or stays pending appeal will be 
     permitted. If multiple cases are filed under this paragraph, 
     the Court shall consolidate the cases. The Court must rule on 
     any action brought under this paragraph within 180 days.
       (2) Decisions of board of trustees.--Decisions made by the 
     Board of Trustees shall be subject to judicial review only in 
     an action brought by an O&C County, except that nothing in 
     this title precludes bringing a legal claim against the Board 
     of Trustees that could be brought against a private landowner 
     for the same action.

     SEC. 313. BOARD OF TRUSTEES.

       (a) Appointment Authorization.--Subject to the conditions 
     on appointment imposed by this section, the Governor is 
     authorized to appoint the Board of Trustees to administer the 
     O&C Trust and O&C Trust lands. Appointments by the Governor 
     shall be made within 60 days after the date of the enactment 
     of this Act.
       (b) Members and Eligibility.--
       (1) Number.--Subject to subsection (c), the Board of 
     Trustees shall consist of seven members.
       (2) Residency requirement.--Members of the Board of 
     Trustees must reside within an O&C Trust county.
       (3) Geographical representation.--To the extent 
     practicable, the Governor shall ensure broad geographic 
     representation among the O&C Trust counties in appointing 
     members to the Board of Trustees.
       (c) Composition.--The Board of Trustees shall include the 
     following members:
       (1)(A) Two forestry and wood products representatives, 
     consisting of--
       (i) one member who represents the commercial timber, wood 
     products, or milling industries and who represents an Oregon-
     based company with more than 500 employees, taking into 
     account its affiliates, that has submitted a bid for a timber 
     sale on the Oregon and California Railroad Grant lands, O&C 
     Region Public Domain lands, Coos Bay Wagon Road Grant lands, 
     or O&C Trust lands in the preceding five years; and
       (ii) one member who represents the commercial wood products 
     or milling industries and who represents an Oregon-based 
     company with 500 or fewer employees, taking into account its 
     affiliates, that has submitted a bid for a timber sale on the 
     Oregon and California Railroad Grant lands, O&C Region Public 
     Domain lands, Coos Bay Wagon Road Grant lands, or O&C Trust 
     lands in the preceding five years.
       (B) At least one of the two representatives selected in 
     this paragraph must own commercial forest land that is 
     adjacent to the O&C Trust lands and from which the 
     representative has not exported unprocessed timber in the 
     preceding five years.
       (2) One representative of the general public who has 
     professional experience in one or more of the following 
     fields:
       (A) Business management.
       (B) Law.
       (C) Accounting.
       (D) Banking.
       (E) Labor management.
       (F) Transportation.
       (G) Engineering.
       (H) Public policy.
       (3) One representative of the science community who, at a 
     minimum, holds a Doctor of Philosophy degree in wildlife 
     biology, forestry, ecology, or related field and has 
     published peer-reviewed academic articles in the 
     representative's field of expertise.
       (4) Three governmental representatives, consisting of--
       (A) two members who are serving county commissioners of an 
     O&C Trust county and who are nominated by the governing 
     bodies of a majority of the O&C Trust counties and approved 
     by the Governor, except that the two representatives may not 
     be from the same county; and
       (B) one member who holds State-wide elected office (or is a 
     designee of such a person) or who represents a federally 
     recognized Indian tribe or tribes within one or more O&C 
     Trust counties.
       (d) Term, Initial Appointment, Vacancies.--
       (1) Term.--Except in the case of initial appointments, 
     members of the Board of Trustees shall serve for five-year 
     terms and may be reappointed for one consecutive term.
       (2) Initial appointments.--In making the first appointments 
     to the Board of Trustees, the Governor shall stagger initial 
     appointment lengths so that two members have three-year 
     terms, two members have four-year terms, and three members 
     have a full five-year term.
       (3) Vacancies.--Any vacancy on the Board of Trustees shall 
     be filled within 45 days by the Governor for the unexpired 
     term of the departing member.
       (4) Board of trustees management costs.--Members of the 
     Board of Trustees may receive annual compensation from the 
     O&C Trust at a rate not to exceed 50 percent of the average 
     annual salary for commissioners of the O&C Trust counties for 
     that year.
       (e) Chairperson and Operations.--
       (1) Chairperson.--A majority of the Board of Trustees shall 
     select the chairperson for the Board of Trustees each year.
       (2) Meetings.--The Board of Trustees shall establish 
     proceedings to carry out its duties. The Board shall meet at 
     least quarterly. Except for meetings substantially involving 
     personnel and contractual decisions, all meetings of the 
     Board shall comply with the public meetings law of the State.
       (f) Quorum and Decision-Making.--
       (1) Quorum.--A quorum shall consist of five members of the 
     Board of Trustees. The presence of a quorum is required to 
     constitute an official meeting of the board of trustees to 
     satisfy the meeting requirement under subsection (e)(2).
       (2) Decisions.--All actions and decisions by the Board of 
     Trustees shall require approval by a majority of members.
       (g) Annual Audit.--Financial statements regarding operation 
     of the O&C Trust shall be independently prepared and audited 
     annually for review by the O&C Trust counties, Congress, and 
     the State.

     SEC. 314. MANAGEMENT OF O&C TRUST LANDS.

       (a) In General.--Except as otherwise provided in this 
     title, the O&C Trust lands will be managed by the Board of 
     Trustees in compliance with all Federal and State laws in the 
     same manner as such laws apply to private forest lands.
       (b) Timber Sale Plans.--The Board of Trustees shall approve 
     and periodically update management and sale plans for the O&C 
     Trust lands consistent with the purpose specified in section 
     311(b). The Board of Trustees may defer sale plans during 
     periods of depressed timber markets if the Board of Trustees, 
     in its discretion, determines that such delay until markets 
     improve is financially prudent and in keeping with its 
     fiduciary obligation to the O&C Trust counties.
       (c) Stand Rotation.--
       (1) 100-120 year rotation.--The Board of Trustees shall 
     manage not less than 50 percent of the harvestable acres of 
     the O&C Trust lands on a 100-120 year rotation. The acreage 
     subject to 100-120 year management shall be geographically 
     dispersed across the O&C Trust lands in a manner that the 
     Board of Trustees, in its discretion, determines will 
     contribute to aquatic and terrestrial ecosystem values.
       (2) Balance.--The balance of the harvestable acreage of the 
     O&C Trust lands shall be managed on any rotation age the 
     Board of Trustees, in its discretion and in compliance with 
     applicable State law, determines will best satisfy its 
     fiduciary obligation to provide revenue to the O&C Trust 
     counties.
       (3) Thinning.--Nothing in this subsection is intended to 
     limit the ability of the Board of Trustees to decide, in its 
     discretion, to thin stands of timber on O&C Trust lands.
       (d) Sale Terms.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     Board of Trustees is authorized to establish the terms for 
     sale contracts of timber or other forest products from O&C 
     Trust lands.
       (2) Set aside.--The Board of Trustees shall establish a 
     program consistent with the program of the Bureau of Land 
     Management under a March 10, 1959 Memorandum of 
     Understanding, as amended, regarding calculation of shares 
     and sale of timber set aside for purchase by business 
     entities with 500 or fewer employees and consistent with the 
     regulations in part 121 of title 13, Code of Federal 
     Regulations applicable to timber sale set asides, except that 
     existing shares in effect on the date of enactment of this 
     Act shall apply until the next scheduled recomputation of 
     shares. In implementing its program that is consistent with 
     such Memorandum of Understanding, the Board of Trustees shall 
     utilize the Timber Sale Procedure Handbook and other 
     applicable procedures of the Bureau of Land Management, 
     including the Operating Procedures for Conducting the Five-
     Year Recomputation of Small Business Share Percentages in 
     effect on January 1, 2013.
       (3) Competitive bidding.--The Board of Trustees must sell 
     timber on a competitive

[[Page H7798]]

     bid basis. No less than 50 percent of the total volume of 
     timber sold by the Board of Trustees each year shall be sold 
     by oral bidding consistent with practices of the Bureau of 
     Land Management as of January 1, 2013.
       (e) Prohibition on Export.--
       (1) In general.--As a condition on the sale of timber or 
     other forest products from O&C Trust lands, unprocessed 
     timber harvested from O&C Trust lands may not be exported.
       (2) Violations.--Any person who knowingly exports 
     unprocessed timber harvested from O&C Trust lands, who 
     knowingly provides such unprocessed timber for export by 
     another person, or knowingly sells timber harvested from O&C 
     Trust lands to a person who is disqualified from purchasing 
     timber from such lands pursuant to this section shall be 
     disqualified from purchasing timber or other forest products 
     from O&C Trust lands or from Federal lands administered under 
     this subtitle. Any person who uses unprocessed timber 
     harvested from O&C Trust lands in substitution for exported 
     unprocessed timber originating from private lands shall be 
     disqualified from purchasing timber or other forest products 
     from O&C Trust lands or from Federal lands administered under 
     this subtitle.
       (3) Unprocessed timber defined.--In this subsection, the 
     term ``unprocessed timber'' has the meaning given such term 
     in section 493(9) of the Forest Resources Conservation and 
     Shortage Relief Act of 1990 (16 U.S.C. 620e(9)).
       (f) Integrated Pest, Disease, and Weed Management Plan.--
     The Board of Trustees shall develop an integrated pest and 
     vegetation management plan to assist forest managers in 
     prioritizing and minimizing the use of pesticides and 
     herbicides approved by the Environmental Protection Agency 
     and used in compliance with the Oregon Forest Practices Act. 
     The plan shall optimize the ability of the O&C Trust to re-
     establish forest stands after harvest in compliance with the 
     Oregon Forest Practices Act and to create diverse early seral 
     stage forests. The plan shall allow for the eradication, 
     containment and suppression of disease, pests, weeds and 
     noxious plants, and invasive species as found on the State 
     Noxious Weed List and prioritize ground application of 
     herbicides and pesticides to the greatest extent practicable. 
     The plan shall be completed before the start of the second 
     year of the transition period. The planning process shall be 
     open to the public and the Board of Trustees shall hold not 
     less than two public hearings on the proposed plan before 
     final adoption.
       (g) Access to Lands Transferred to Forest Service.--Persons 
     acting on behalf of the O&C Trust shall have a right of 
     timely access over lands transferred to the Forest Service 
     under section 321 and Tribal lands transferred under subtitle 
     D as is reasonably necessary for the Board of Trustees to 
     carry out its management activities with regard to the O&C 
     Trust lands and the O&C Trust to satisfy its fiduciary duties 
     to O&C counties.
       (h) Harvest Area Tree and Retention Requirements.--
       (1) In general.--The O&C Trust lands shall include harvest 
     area tree and retention requirements consistent with State 
     law.
       (2) Use of old growth definition.--To the greatest extent 
     practicable, and at the discretion of the Board of Trustees, 
     old growth, as defined by the Old Growth Review Panel created 
     by section 324, shall be used to meet the retention 
     requirements applicable under paragraph (1).
       (i) Riparian Area Management.--
       (1) In general.--The O&C Trust lands shall be managed with 
     timber harvesting limited in riparian areas as follows:
       (A) Streams.--For all fish bearing streams and all 
     perennial non-fish-bearing streams, there shall be no removal 
     of timber within a distance equal to the height of one site 
     potential tree on both sides of the stream channel. For 
     intermittent, non-fish-bearing streams, there shall be no 
     removal of timber within a distance equal to one-half the 
     height of a site potential tree on both sides of the stream 
     channel. For purposes of this subparagraph, the stream 
     channel boundaries are the lines of ordinary high water.
       (B) Larger lakes, ponds and reservoirs.--For all lakes, 
     ponds, and reservoirs with surface area larger than one 
     quarter of one acre, there shall be no removal of timber 
     within a distance equal to the height of one site potential 
     tree from the line of ordinary high water of the water body.
       (C) Small ponds and natural wetlands, springs and seeps.--
     For all ponds with surface area one quarter acre or less, and 
     for all natural wetlands, springs and seeps, there shall be 
     no removal of timber within the area dominated by riparian 
     vegetation.
       (2) Measurements.--For purposes of paragraph (1), all 
     distances shall be measured along slopes, and all site 
     potential tree heights shall be average height at maturity of 
     the dominant species of conifer determined at a scale no 
     finer than the applicable fifth field watershed.
       (3) Rules of construction.--Nothing in paragraph (1) shall 
     be construed--
       (A) to prohibit the falling or placement of timber into 
     streams to create large woody debris for the benefit of 
     aquatic ecosystems; or
       (B) to prohibit the falling of trees within riparian areas 
     as may be reasonably necessary for safety or operational 
     reasons in areas adjacent to the riparian areas, or for road 
     construction or maintenance pursuant to section 312(c)(3).
       (j) Fire Protection and Emergency Response.--
       (1) Reciprocal fire protection agreements.--
       (A) Continuation of agreements.--Subject to subparagraphs 
     (B), (C), and (D), any reciprocal fire protection agreement 
     between the State or any other entity and the Secretary 
     concerned with regard to Oregon and California Railroad Grant 
     lands and O&C Region Public Domain lands in effect on the 
     date of the enactment of this Act shall remain in place for a 
     period of ten years after such date unless earlier terminated 
     by the State or other entity.
       (B) Assumption of blm rights and duties.--The Board of 
     Trustees shall exercise the rights and duties of the Bureau 
     of Land Management under the agreements described in 
     subparagraph (A), except as such rights and duties might 
     apply to Tribal lands under subtitle D.
       (C) Effect of expiration of period.--Following the 
     expiration of the ten-year period under subparagraph (A), the 
     Board of Trustees shall continue to provide for fire 
     protection of the Oregon and California Railroad Grant lands 
     and O&C Region Public Domain lands, including those 
     transferred to the Forest Service under section 331, through 
     continuation of the reciprocal fire protection agreements, 
     new cooperative agreements, or by any means otherwise 
     permitted by law. The means selected shall be based on the 
     review by the Board of Trustees of whether the reciprocal 
     fire protection agreements were effective in protecting the 
     lands from fire.
       (D) Emergency response.--Nothing in this paragraph shall 
     prevent the Secretary of Agriculture from an emergency 
     response to a fire on the O&C Trust lands or lands 
     transferred to the Forest Service under section 321.
       (2) Emergency response to fire.--Subject to paragraph (1), 
     if the Secretary of Agriculture determines that fire on any 
     of the lands transferred under section 321 is burning 
     uncontrolled or the Secretary, the Board of Trustees, or 
     contracted party does not have readily and immediately 
     available personnel and equipment to control or extinguish 
     the fire, the Secretary, or any forest protective association 
     or agency under contract or agreement with the Secretary or 
     the Board of Trustees for the protection of forestland 
     against fire, shall summarily and aggressively abate the 
     nuisance thus controlling and extinguishing the fire.
       (k) Northern Spotted Owl.--So long as the O&C Trust 
     maintains the 100-120 year rotation on 50 percent of the 
     harvestable acres required in subsection (c), the section 321 
     lands representing the best quality habitat for the owl are 
     transferred to the Forest Service, and the O&C Trust protects 
     currently occupied northern spotted owl nest sites consistent 
     with the forest practices in the Oregon Forest Practices Act, 
     management of the O&C Trust land by the Board of Trustees 
     shall be considered to comply with section 9 of Public Law 
     93-205 (16 U.S.C. 1538) for the northern spotted owl. A 
     currently occupied northern spotted owl nest site shall be 
     considered abandoned if there are no northern spotted owl 
     responses following three consecutive years of surveys using 
     the Protocol for Surveying Management Activities that May 
     Impact Northern Spotted Owls dated February 2, 2013.

     SEC. 315. DISTRIBUTION OF REVENUES FROM O&C TRUST LANDS.

       (a) Annual Distribution of Revenues.--
       (1) Time for distribution; use.--Payments to each O&C Trust 
     county shall be made available to the general fund of the O&C 
     Trust county as soon as practicable following the end of each 
     fiscal year, to be used as are other unrestricted county 
     funds.
       (2) Amount.--The amount paid to an O&C Trust county in 
     relation to the total distributed to all O&C Trust counties 
     for a fiscal year shall be based on the proportion that the 
     total assessed value of the Oregon and California Railroad 
     Grant lands in each of the O&C Trust counties for fiscal year 
     1915 bears to the total assessed value of all of the Oregon 
     and California Railroad Grant lands in the State for that 
     same fiscal year. However, for the purposes of this 
     subsection the portion of the revested Oregon and California 
     Railroad Grant lands in each of the O&C Trust counties that 
     was not assessed for fiscal year 1915 shall be deemed to have 
     been assessed at the average assessed value of the Oregon and 
     California Railroad Grant lands in the county.
       (3) Limitation.--After the fifth payment made under this 
     subsection, the payment to an O&C Trust county for a fiscal 
     year shall not exceed 110 percent of the previous year's 
     payment to the O&C Trust county, adjusted for inflation based 
     on the consumer price index applicable to the geographic area 
     in which the O&C Trust counties are located.
       (b) Reserve Fund.--
       (1) Establishment of reserve fund.--The Board of Trustees 
     shall generate and maintain a reserve fund.
       (2) Deposits to reserve fund.--Within 10 years after 
     creation of the O&C Trust or as soon thereafter as is 
     practicable, the Board of Trustees shall establish and seek 
     to maintain an annual balance of $125,000,000 in the Reserve 
     Fund, to be derived from revenues generated from management 
     activities involving O&C Trust lands. All annual revenues 
     generated in excess of operating costs and payments to O&C 
     Trust counties required by subsection (a) and payments into 
     the Conservation Fund as provided in subsection (c) shall be 
     deposited in the Reserve Fund.

[[Page H7799]]

       (3) Expenditures from reserve fund.--The Board of Trustees 
     shall use amounts in the Reserve Fund only--
       (A) to pay management and administrative expenses or 
     capital improvement costs on O&C Trust lands; and
       (B) to make payments to O&C Trust counties when payments to 
     the counties under subsection (a) are projected to be 90 
     percent or less of the previous year's payments.
       (c) O&C Trust Conservation Fund.--
       (1) Establishment of conservation fund.--The Board of 
     Trustees shall use a portion of revenues generated from 
     activity on the O&C Trust lands, consistent with paragraph 
     (2), to establish and maintain a O&C Trust Conservation Fund. 
     The O&C Trust Conservation Fund shall include no Federal 
     appropriations.
       (2) Revenues.--Following the transition period, five 
     percent of the O&C Trust's annual net operating revenue, 
     after deduction of all management costs and expenses, 
     including the payment required under section 317, shall be 
     deposited to the O&C Trust Conservation Fund.
       (3) Expenditures from conservation fund.--The Board of 
     Trustees shall use amounts from the O&C Trust Conservation 
     Fund only--
       (A) to fund the voluntary acquisition of conservation 
     easements from willing private landowners in the State;
       (B) to fund watershed restoration, remediation and 
     enhancement projects within the State; or
       (C) to contribute to balancing values in a land exchange 
     with willing private landowners proposed under section 
     323(b), if the land exchange will result in a net increase in 
     ecosystem benefits for fish, wildlife, or rare native plants.

     SEC. 316. LAND EXCHANGE AUTHORITY.

       (a) Authority.--Subject to approval by the Secretary 
     concerned, the Board of Trustees may negotiate proposals for 
     land exchanges with owners of lands adjacent to O&C Trust 
     lands in order to create larger contiguous blocks of land 
     under management by the O&C Trust to facilitate resource 
     management, to improve conservation value of such lands, or 
     to improve the efficiency of management of such lands.
       (b) Approval Required; Criteria.--The Secretary concerned 
     may approve a land exchange proposed by the Board of Trustees 
     administratively if the exchange meets the following 
     criteria:
       (1) The non-Federal lands are completely within the State.
       (2) The non-Federal lands have high timber production 
     value, or are necessary for more efficient or effective 
     management of adjacent or nearby O&C Trust lands.
       (3) The non-Federal lands have equal or greater value to 
     the O&C Trust lands proposed for exchange.
       (4) The proposed exchange is reasonably likely to increase 
     the net income to the O&C Trust counties over the next 20 
     years and not decrease the net income to the O&C Trust 
     counties over the next 10 years.
       (c) Acreage Limitation.--The Secretary concerned shall not 
     approve land exchanges under this section that, taken 
     together with all previous exchanges involving the O&C Trust 
     lands, have the effect of reducing the total acreage of the 
     O&C Trust lands by more than five percent from the total 
     acreage to be designated as O&C Trust land under section 
     311(c)(1).
       (d) Inapplicability of Certain Laws.--Section 3 of the 
     Oregon Public Lands Transfer and Protection Act of 1998 
     (Public Law 105-321; 112 Stat. 3022), the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1701 et. seq.), 
     including the amendments made by the Federal Land Exchange 
     Facilitation Act of 1988 (Public Law 100-409; 102 Stat. 
     1086), the Act of March 20, 1922 (16 U.S.C. 485, 486), and 
     the Act of March 1, 1911 (commonly known as the Weeks Act; 16 
     U.S.C. 480 et seq.) shall not apply to the land exchange 
     authority provided by this section.
       (e) Exchanges With Forest Service.--
       (1) Exchanges authorized.--The Board of Trustees is 
     authorized to engage in land exchanges with the Forest 
     Service if approved by the Secretary pursuant to section 
     323(c).
       (2) Management of exchanged lands.--Following completion of 
     a land exchange under paragraph (1), the management 
     requirements applicable to the newly acquired lands by the 
     O&C Trust or the Forest Service shall be the same 
     requirements under this subtitle applicable to the other 
     lands that are managed by the O&C Board or the Forest 
     Service.

     SEC. 317. PAYMENTS TO THE UNITED STATES TREASURY.

       As soon as practicable after the end of the third fiscal 
     year of the transition period and in each of the subsequent 
     seven fiscal years, the O&C Trust shall submit a payment of 
     $10,000,000 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.

       (a) Transfer Required.--The Secretary of the Interior shall 
     transfer administrative jurisdiction over all Oregon and 
     California Railroad Grant lands and O&C Region Public Domain 
     lands not designated as O&C Trust lands by subparagraphs (A) 
     through (F) of section 311(c)(1), including those lands 
     excluded by section 311(c)(2), to the Secretary of 
     Agriculture for inclusion in the National Forest System and 
     administration by the Forest Service as provided in section 
     322.
       (b) Exception.--This section does not apply to Tribal lands 
     transferred under subtitle D.

     SEC. 322. MANAGEMENT OF TRANSFERRED LANDS BY FOREST SERVICE.

       (a) Assignment to Existing National Forests.--To the 
     greatest extent practicable, management responsibilities for 
     the lands transferred under section 321 shall be assigned to 
     the unit of the National Forest System geographically closest 
     to the transferred lands. The Secretary of Agriculture shall 
     have ultimate decision-making authority, but shall assign the 
     transferred lands to a unit not later than the applicable 
     transfer date provided in the transition period.
       (b) Application of Northwest Forest Plan.--
       (1) In general.--Except as provided in paragraph (2), the 
     lands transferred under section 321 shall be managed under 
     the Northwest Forest Plan and shall retain Northwest Forest 
     Plan land use designations until or unless changed in the 
     manner provided by Federal laws applicable to the 
     administration and management of the National Forest System.
       (2) Exception for certain designated lands.--The lands 
     excluded from the O&C Trust by subparagraphs (A) through (F) 
     of section 311(c)(2) and transferred to the Forest Service 
     under section 321 shall be managed as provided by Federal 
     laws applicable to the lands.
       (c) Protection of Old Growth.--Old growth, as defined by 
     the Old Growth Review Panel pursuant to rulemaking conducted 
     in accordance with section 553 of title 5, United States 
     Code, shall not be harvested by the Forest Service on lands 
     transferred under section 321.
       (d) Emergency Response to Fire.--Subject to section 314(i), 
     if the Secretary of Agriculture determines that fire on any 
     of the lands transferred under section 321 is burning 
     uncontrolled or the Secretary or contracted party does not 
     have readily and immediately available personnel and 
     equipment to control or extinguish the fire, the Secretary, 
     or any forest protective association or agency under contract 
     or agreement with the Secretary for the protection of 
     forestland against fire, and within whose protection area the 
     fire exists, shall summarily and aggressively abate the 
     nuisance thus controlling and extinguishing the fire.

     SEC. 323. MANAGEMENT EFFICIENCIES AND EXPEDITED LAND 
                   EXCHANGES.

       (a) Land Exchange Authority.--The Secretary of Agriculture 
     may conduct land exchanges involving lands transferred under 
     section 321, other than the lands excluded from the O&C Trust 
     by subparagraphs (A) through (F) of section 311(c)(2), in 
     order create larger contiguous blocks of land under 
     management of the Secretary to facilitate resource 
     management, to improve conservation value of such lands, or 
     to improve the efficiency of management of such lands.
       (b) Criteria for Exchanges With Non-Federal Owners.--The 
     Secretary of Agriculture may conduct a land exchange 
     administratively under this section with a non-Federal owner 
     (other than the O&C Trust) if the land exchange meets the 
     following criteria:
       (1) The non-Federal lands are completely within the State.
       (2) The non-Federal lands have high wildlife conservation 
     or recreation value or the exchange is necessary to increase 
     management efficiencies of lands administered by the Forest 
     Service for the purposes of the National Forest System.
       (3) The non-Federal lands have equal or greater value to 
     the Federal lands purposed for exchange or a balance of 
     values can be achieved--
       (A) with a grant of funds provided by the O&C Trust 
     pursuant to section 315(c); or
       (B) from other sources.
       (c) Criteria for Exchanges With O&C Trust.--The Secretary 
     of Agriculture may conduct land exchanges with the Board of 
     Trustees administratively under this subsection, and such an 
     exchange shall be deemed to not involve any Federal action or 
     Federal discretionary involvement or control if the land 
     exchange with the O&C Trust meets the following criteria:
       (1) The O&C Trust lands to be exchanged have high wildlife 
     value or ecological value or the exchange would facilitate 
     resource management or otherwise contribute to the management 
     efficiency of the lands administered by the Forest Service.
       (2) The exchange is requested or approved by the Board of 
     Trustees for the O&C Trust and will not impair the ability of 
     the Board of Trustees to meet its fiduciary responsibilities.
       (3) The lands to be exchanged by the Forest Service do not 
     contain stands of timber meeting the definition of old growth 
     established by the Old Growth Review Panel pursuant to 
     section 324.
       (4) The lands to be exchanged are equal in acreage.
       (d) Acreage Limitation.--The Secretary of Agriculture shall 
     not approve land exchanges under this section that, taken 
     together with all previous exchanges involving the lands 
     described in subsection (a), have the effect of reducing the 
     total acreage of such lands by more than five percent from 
     the total acreage originally transferred to the Secretary.
       (e) Inapplicability of Certain Laws.--Section 3 of the 
     Oregon Public Lands Transfer and Protection Act of 1998 
     (Public Law 105-321; 112 Stat. 3022), the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C.

[[Page H7800]]

     1701 et. seq.), including the amendments made by the Federal 
     Land Exchange Facilitation Act of 1988 (Public Law 100-409; 
     102 Stat. 1086), the Act of March 20, 1922 (16 U.S.C. 485, 
     486), and the Act of March 1, 1911 (commonly known as the 
     Weeks Act; 16 U.S.C. 480 et seq.) shall not apply to the land 
     exchange authority provided by this section.

     SEC. 324. REVIEW PANEL AND OLD GROWTH PROTECTION.

       (a) Appointment; Members.--Within 60 days after the date of 
     the enactment of this Act the Secretary of Agriculture shall 
     appoint an Old Growth Review Panel consisting of five 
     members. At a minimum, the members must hold a Doctor of 
     Philosophy degree in wildlife biology, forestry, ecology, or 
     related field and published peer-reviewed academic articles 
     in their field of expertise.
       (b) Purpose of Review.--Members of the Old Growth Review 
     Panel shall review existing, published, peer-reviewed 
     articles in relevant academic journals and establish a 
     definition or definitions of old growth as it applies to the 
     ecologically, geographically and climatologically unique 
     Oregon and California Railroad Grant lands and O&C Region 
     Public Domain lands managed by the O&C Trust or the Forest 
     Service only. The definition or definitions shall bear no 
     legal force, shall not be used as a precedent for, and shall 
     not apply to any lands other than the Oregon and California 
     Railroad Grant lands and O&C Region Public Domain lands 
     managed by the O&C Trust or the Forest Service in western 
     Oregon. The definition or definitions shall not apply to 
     Tribal lands.
       (c) Submission of Results.--The definition or definitions 
     for old growth in western Oregon established under subsection 
     (b), if approved by at least four members of the Old Growth 
     Review Panel, shall be submitted to the Secretary of 
     Agriculture within six months after the date of the enactment 
     of this Act.

     SEC. 325. UNIQUENESS OF OLD GROWTH PROTECTION ON OREGON AND 
                   CALIFORNIA RAILROAD GRANT LANDS.

       All sections of this subtitle referring to the term ``old 
     growth'' are uniquely suited to resolve management issues for 
     the lands covered by this subtitle only, and shall not be 
     construed as precedent for any other situation involving 
     management of other Federal, State, Tribal, or private lands.

                         CHAPTER 3--TRANSITION

     SEC. 331. TRANSITION PERIOD AND OPERATIONS.

       (a) Transition Period.--
       (1) Commencement; duration.--Effective on October 1 of the 
     first fiscal year beginning after the appointment of the 
     Board of Trustees under section 313, a transition period of 
     three fiscal years shall commence.
       (2) Exceptions.--Unless specifically stated in the 
     following subsections, any action under this section shall be 
     deemed not to involve Federal agency action or Federal 
     discretionary involvement or control.
       (b) Year One.--
       (1) Applicability.--During the first fiscal year of the 
     transition period, the activities described in this 
     subsection shall occur.
       (2) Board of trustees activities.--The Board of Trustees 
     shall employ sufficient staff or contractors to prepare for 
     beginning management of O&C Trust lands and O&C Region Public 
     Domain lands in the second fiscal year of the transition 
     period, including preparation of management plans and a 
     harvest schedule for the lands over which management 
     authority is transferred to the O&C Trust in the second 
     fiscal year.
       (3) Forest service activities.--The Forest Service shall 
     begin preparing to assume management authority of all Oregon 
     and California Railroad Grant lands and O&C Region Public 
     Domain lands transferred under section 321 in the second 
     fiscal year.
       (4) Secretary concerned activities.--The Secretary 
     concerned shall continue to exercise management authority 
     over all Oregon and California Railroad Grant lands and O&C 
     Region Public Domain lands under all existing Federal laws.
       (5) Information sharing.--Upon written request from the 
     Board of Trustees, the Secretary of the Interior shall 
     provide copies of any documents or data, however stored or 
     maintained, that includes the requested information 
     concerning O&C Trust lands. The copies shall be provided as 
     soon as practicable and to the greatest extent possible, but 
     in no event later than 30 days following the date of the 
     request.
       (6) Exception.--This subsection does not apply to Tribal 
     lands transferred under subtitle D.
       (c) Year Two.--
       (1) Applicability.--During the second fiscal year of the 
     transition period, the activities described in this 
     subsection shall occur.
       (2) Transfer of o&c trust lands.--Effective on October 1 of 
     the second fiscal year of the transition period, management 
     authority over the O&C Trust lands shall be transferred to 
     the O&C Trust.
       (3) Transfer of lands to forest service.--The transfers 
     required by section 321 shall occur.
       (4) Information sharing.--The Secretary of Agriculture 
     shall obtain and manage, as soon as practicable, all 
     documents and data relating to the Oregon and California 
     Railroad Grant lands, O&C Region Public Domain lands, and 
     Coos Bay Wagon Road lands previously managed by the Bureau of 
     Land Management. Upon written request from the Board of 
     Trustees, the Secretary of Agriculture shall provide copies 
     of any documents or data, however stored or maintained, that 
     includes the requested information concerning O&C Trust 
     lands. The copies shall be provided as soon as practicable 
     and to the greatest extent possible, but in no event later 
     than 30 days following the date of the request.
       (5) Implementation of management plan.--The Board of 
     Trustees shall begin implementing its management plan for the 
     O&C Trust lands and revise the plan as necessary. 
     Distribution of revenues generated from all activities on the 
     O&C Trust lands shall be subject to section 315.
       (d) Year Three and Subsequent Years.--
       (1) Applicability.--During the third fiscal year of the 
     transition period and all subsequent fiscal years, the 
     activities described in this subsection shall occur.
       (2) Board of trustees management.--The Board of Trustees 
     shall manage the O&C Trust lands pursuant to subtitle A.

     SEC. 332. O&C TRUST MANAGEMENT CAPITALIZATION.

       (a) Borrowing Authority.--The Board of Trustees is 
     authorized to borrow from any available private sources and 
     non-Federal, public sources in order to provide for the costs 
     of organization, administration, and management of the O&C 
     Trust during the three-year transition period provided in 
     section 331.
       (b) Support.--Notwithstanding any other provision of law, 
     O&C Trust counties are authorized to loan to the O&C Trust, 
     and the Board of Trustees is authorized to borrow from 
     willing O&C Trust counties, amounts held on account by such 
     counties that are required to be expended in accordance with 
     the Act of May 23,1908 (35 Stat. 260; 16 U.S.C. 500) and 
     section 13 of the Act of March 1, 1911 (36 Stat. 963; 16 
     U.S.C. 500), except that, upon repayment by the O&C Trust, 
     the obligation of such counties to expend the funds in 
     accordance with such Acts shall continue to apply.

     SEC. 333. EXISTING BUREAU OF LAND MANAGEMENT AND FOREST 
                   SERVICE CONTRACTS.

       (a) Treatment of Existing Contracts.--Any work or timber 
     contracts sold or awarded by the Bureau of Land Management or 
     Forest Service on or with respect to Oregon and California 
     Railroad Grant lands or O&C Region Public Domain lands before 
     the transfer of the lands to the O&C Trust or the Forest 
     Service, or Tribal lands transferred under subtitle D, shall 
     remain binding and effective according to the terms of the 
     contracts after the transfer of the lands. The Board of 
     Trustees and Secretary concerned shall make such 
     accommodations as are necessary to avoid interfering in any 
     way with the performance of the contracts.
       (b) Treatment of Payments Under Contracts.--Payments made 
     pursuant to the contracts described in subsection (a), if 
     any, shall be made as provided in those contracts and not 
     made to the O&C Trust.

     SEC. 334. PROTECTION OF VALID EXISTING RIGHTS AND ACCESS TO 
                   NON-FEDERAL LAND.

       (a) Valid Rights.--Nothing in this title, or any amendment 
     made by this title, shall be construed as terminating any 
     valid lease, permit, patent, right-of-way, agreement, or 
     other right of authorization existing on the date of the 
     enactment of this Act with regard to Oregon and California 
     Railroad Grant lands or O&C Region Public Domain lands, 
     including O&C Trust lands over which management authority is 
     transferred to the O&C Trust pursuant to section 311(c)(1), 
     lands transferred to the Forest Service under section 321, 
     and Tribal lands transferred under subtitle D.
       (b) Access to Lands.--
       (1) Existing access rights.--The Secretary concerned shall 
     preserve all rights of access and use, including (but not 
     limited to) reciprocal right-of-way agreements, tail hold 
     agreements, or other right-of-way or easement obligations 
     existing on the date of the enactment of this Act, and such 
     rights shall remain applicable to lands covered by this 
     subtitle in the same manner and to the same extent as such 
     rights applied before the date of the enactment of this Act.
       (2) New access rights.--If a current or future landowner of 
     land intermingled with Oregon and California Railroad Grant 
     lands or O&C Region Public Domain lands does not have an 
     existing access agreement related to the lands covered by 
     this subtitle, the Secretary concerned shall enter into an 
     access agreement, including appurtenant lands, to secure the 
     landowner the reasonable use and enjoyment of the landowner's 
     land, including the harvest and hauling of timber.
       (c) Management Cooperation.--The Board of Trustees and the 
     Secretary concerned shall provide current and future 
     landowners of land intermingled with Oregon and California 
     Railroad Grant lands or O&C Region Public Domain lands the 
     permission needed to manage their lands, including to locate 
     tail holds, tramways, and logging wedges, to purchase 
     guylines, and to cost-share property lines surveys to the 
     lands covered by this subtitle, within 30 days after 
     receiving notification of the landowner's plan of operation.
       (d) Judicial Review.--Notwithstanding section 312(g)(2), a 
     private landowner may obtain judicial review of a decision of 
     the Board of Trustees to deny--
       (1) the landowner the rights provided by subsection (b) 
     regarding access to the landowner's land; or
       (2) the landowner the reasonable use and enjoyment of the 
     landowner's land.

[[Page H7801]]

     SEC. 335. REPEAL OF SUPERSEDED LAW RELATING TO OREGON AND 
                   CALIFORNIA RAILROAD GRANT LANDS.

       (a) Repeal.--Except as provided in subsection (b), the Act 
     of August 28, 1937 (43 U.S.C. 1181a et seq.) is repealed 
     effective on October 1 of the first fiscal year beginning 
     after the appointment of the Board of Trustees.
       (b) Effect of Certain Court Rulings.--If, as a result of 
     judicial review authorized by section 312, any provision of 
     this subtitle is held to be invalid and implementation of the 
     provision or any activity conducted under the provision is 
     then enjoined, the Act of August 28, 1937 (43 U.S.C. 1181a et 
     seq.), as in effect immediately before its repeal by 
     subsection (a), shall be restored to full legal force and 
     effect as if the repeal had not taken effect.

                    Subtitle B--Coos Bay Wagon Roads

     SEC. 341. TRANSFER OF MANAGEMENT AUTHORITY OVER CERTAIN COOS 
                   BAY WAGON ROAD GRANT LANDS TO COOS COUNTY, 
                   OREGON.

       (a) Transfer Required.--Except in the case of the lands 
     described in subsection (b), the Secretary of the Interior 
     shall transfer management authority over the Coos Bay Wagon 
     Road Grant lands reconveyed to the United States pursuant to 
     the first section of the Act of February 26, 1919 (40 Stat. 
     1179), and the surface resources thereon, to the Coos County 
     government. The transfer shall be completed not later than 
     one year after the date of the enactment of this Act.
       (b) Lands Excluded.--The transfer under subsection (a) 
     shall not include any of the following Coos Bay Wagon Road 
     Grant lands:
       (1) Federal lands within the National Landscape 
     Conservation System as of January 1, 2013.
       (2) Federal lands designated as Areas of Critical 
     Environmental Concern as of January 1, 2013.
       (3) Federal lands that were in the National Wilderness 
     Preservation System as of January 1, 2013.
       (4) Federal lands included in the National Wild and Scenic 
     Rivers System of January 1, 2013.
       (5) Federal lands within the boundaries of a national 
     monument, park, or other developed recreation area as of 
     January 1, 2013.
       (6) All stands of timber generally older than 125 years 
     old, as of January 1, 2011, which shall be conclusively 
     determined by reference to the polygon spatial data layer in 
     the electronic data compilation filed by the Bureau of Land 
     Management based on the predominant birth-date attribute, and 
     the boundaries of such stands shall be conclusively 
     determined for all purposes by the global positioning system 
     coordinates for such stands.
       (7) Tribal lands addressed in subtitle D.
       (c) Management.--
       (1) In general.--Coos County shall manage the Coos Bay 
     Wagon Road Grant lands over which management authority is 
     transferred under subsection (a) consistent with section 314, 
     and for purposes of applying such section, ``Board of 
     Trustees'' shall be deemed to mean ``Coos County'' and ``O&C 
     Trust lands'' shall be deemed to mean the transferred lands.
       (2) Responsibility for management costs.--Coos County shall 
     be responsible for all management and administrative costs of 
     the Coos Bay Wagon Road Grant lands over which management 
     authority is transferred under subsection (a).
       (3) Management contracts.--Coos County may contract, if 
     competitively bid, with one or more public, private, or 
     tribal entities, including (but not limited to) the Coquille 
     Indian Tribe, if such entities are substantially based in 
     Coos or Douglas Counties, Oregon, to manage and administer 
     the lands.
       (d) Treatment of Revenues.--
       (1) In general.--All revenues generated from the Coos Bay 
     Wagon Road Grant lands over which management authority is 
     transferred under subsection (a) shall be deposited in the 
     general fund of the Coos County treasury to be used as are 
     other unrestricted county funds.
       (2) Treasury.--As soon as practicable after the end of the 
     third fiscal year of the transition period and in each of the 
     subsequent seven fiscal years, Coos County shall submit a 
     payment of $400,000 to the United States Treasury.
       (3) Douglas county.--Beginning with the first fiscal year 
     for which management of the Coos Bay Wagon Road Grant lands 
     over which management authority is transferred under 
     subsection (a) generates net positive revenues, and for all 
     subsequent fiscal years, Coos County shall transmit a payment 
     to the general fund of the Douglas County treasury from the 
     net revenues generated from the lands. The payment shall be 
     made as soon as practicable following the end of each fiscal 
     year and the amount of the payment shall bear the same 
     proportion to total net revenues for the fiscal year as the 
     proportion of the Coos Bay Wagon Road Grant lands in Douglas 
     County in relation to all Coos Bay Wagon Road Grant lands in 
     Coos and Douglas Counties as of January 1, 2013.

     SEC. 342. TRANSFER OF CERTAIN COOS BAY WAGON ROAD GRANT LANDS 
                   TO FOREST SERVICE.

       The Secretary of the Interior shall transfer administrative 
     jurisdiction over the Coos Bay Wagon Road Grant lands 
     excluded by paragraphs (1) through (6) of section 341(b) to 
     the Secretary of Agriculture for inclusion in the National 
     Forest System and administration by the Forest Service as 
     provided in section 322.

     SEC. 343. LAND EXCHANGE AUTHORITY.

       Coos County may recommend land exchanges to the Secretary 
     of Agriculture and carry out such land exchanges in the 
     manner provided in section 316.

                      Subtitle C--Oregon Treasures

                      CHAPTER 1--WILDERNESS AREAS

     SEC. 351. DESIGNATION OF DEVIL'S STAIRCASE WILDERNESS.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), the Federal land in 
     the State of Oregon administered by the Forest Service and 
     the Bureau of Land Management, comprising approximately 
     30,520 acres, as generally depicted on the map titled 
     ``Devil's Staircase Wilderness Proposal'', dated October 26, 
     2009, are designated as a wilderness area for inclusion in 
     the National Wilderness Preservation System and to be known 
     as the ``Devil's Staircase Wilderness''.
       (b) Map and Legal Description.--As soon as practicable 
     after the date of the enactment of this Act, the Secretary 
     shall file with the Committee on Natural Resources of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate a map and legal description 
     of wilderness area designated by subsection (a). The map and 
     legal description shall have the same force and effect as if 
     included in this subdivision, except that the Secretary may 
     correct clerical and typographical errors in the map and 
     description. In the case of any discrepancy between the 
     acreage specified in subsection (a) and the map, the map 
     shall control. The map and legal description shall be on file 
     and available for public inspection in the Office of the 
     Chief of the Forest Service.
       (c) Administration.--
       (1) In general.--Subject to valid existing rights, the 
     Devil's Staircase Wilderness Area shall be administered by 
     the Secretaries of Agriculture and the Interior, in 
     accordance with the Wilderness Act and the Oregon Wilderness 
     Act of 1984, except that, with respect to the wilderness 
     area, any reference in the Wilderness Act to the effective 
     date of that Act shall be deemed to be a reference to the 
     date of the enactment of this Act.
       (2) Forest service roads.--As provided in section 4(d)(1) 
     of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary 
     of Agriculture shall--
       (A) decommission any National Forest System road within the 
     wilderness boundaries; and
       (B) convert Forest Service Road 4100 within the wilderness 
     boundary to a trail for primitive recreational use.
       (d) Incorporation of Acquired Land and Interests.--Any land 
     within the boundary of the wilderness area designated by this 
     section that is acquired by the United States shall--
       (1) become part of the Devil's Staircase Wilderness Area; 
     and
       (2) be managed in accordance with this section and any 
     other applicable law.
       (e) Fish and Wildlife.--Nothing in this section shall be 
     construed as affecting the jurisdiction or responsibilities 
     of the State of Oregon with respect to wildlife and fish in 
     the national forests.
       (f) Withdrawal.--Subject to valid rights in existence on 
     the date of enactment of this Act, the Federal land 
     designated as wilderness area by this section is withdrawn 
     from all forms of--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (g) Protection of Tribal Rights.--Nothing in this section 
     shall be construed to diminish--
       (1) the existing rights of any Indian tribe; or
       (2) tribal rights regarding access to Federal lands for 
     tribal activities, including spiritual, cultural, and 
     traditional food gathering activities.

     SEC. 352. EXPANSION OF WILD ROGUE WILDERNESS AREA.

       (a) Expansion.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), certain Federal land managed by the 
     Bureau of Land Management, comprising approximately 58,100 
     acres, as generally depicted on the map entitled ``Wild 
     Rogue'', dated September 16, 2010, are hereby included in the 
     Wild Rogue Wilderness, a component of the National Wilderness 
     Preservation System.
       (b) Maps and Legal Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     file a map and a legal description of the wilderness area 
     designated by this section, with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The maps and legal descriptions filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this subtitle, except that the Secretary may 
     correct typographical errors in the maps and legal 
     descriptions.
       (3) Public availability.--Each map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Forest 
     Service.
       (c) Administration.--Subject to valid existing rights, the 
     area designated as wilderness by this section shall be 
     administered by the Secretary of Agriculture in accordance

[[Page H7802]]

     with the Wilderness Act (16 U.S.C. 1131 et seq.).
       (d) Withdrawal.--Subject to valid rights in existence on 
     the date of enactment of this Act, the Federal land 
     designated as wilderness by this section is withdrawn from 
     all forms of--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.

  CHAPTER 2--WILD AND SCENIC RIVER DESIGNATED AND RELATED PROTECTIONS

     SEC. 361. WILD AND SCENIC RIVER DESIGNATIONS, MOLALLA RIVER.

       (a) Designations.--Section 3(a) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the 
     end the following:
       ``(__) Molalla river, oregon.--The following segments in 
     the State of Oregon, to be administered by the Secretary of 
     the Interior as a recreational river:
       ``(A) The approximately 15.1-mile segment from the southern 
     boundary line of T. 7 S., R. 4 E., sec. 19, downstream to the 
     edge of the Bureau of Land Management boundary in T. 6 S., R. 
     3 E., sec. 7.
       ``(B) The approximately 6.2-mile segment from the 
     easternmost Bureau of Land Management boundary line in the 
     NE\1/4\ sec. 4, T. 7 S., R. 4 E., downstream to the 
     confluence with the Molalla River.''.
       (b) Technical Corrections.--Section 3(a)(102) of the Wild 
     and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) is amended--
       (1) in the heading, by striking ``Squaw Creek'' and 
     inserting ``Whychus Creek'';
       (2) in the matter preceding subparagraph (A), by striking 
     ``McAllister Ditch, including the Soap Fork Squaw Creek, the 
     North Fork, the South Fork, the East and West Forks of Park 
     Creek, and Park Creek Fork'' and inserting ``Plainview Ditch, 
     including the Soap Creek, the North and South Forks of 
     Whychus Creek, the East and West Forks of Park Creek, and 
     Park Creek''; and
       (3) in subparagraph (B), by striking ``McAllister Ditch'' 
     and inserting ``Plainview Ditch''.

     SEC. 362. WILD AND SCENIC RIVERS ACT TECHNICAL CORRECTIONS 
                   RELATED TO CHETCO RIVER.

       Section 3(a)(69) of the Wild and Scenic Rivers Act (16 
     U.S.C. 1274(a)(69)) is amended--
       (1) by inserting before the ``The 44.5-mile'' the 
     following:
       ``(A) Designations.--'';
       (2) by redesignating subparagraphs (A), (B), and (C) as 
     clauses (i), (ii), and (iii), respectively (and by moving the 
     margins 2 ems to the right);
       (3) in clause (i), as redesignated--
       (A) by striking ``25.5-mile'' and inserting ``27.5-mile''; 
     and
       (B) by striking ``Boulder Creek at the Kalmiopsis 
     Wilderness boundary'' and inserting ``Mislatnah Creek'';
       (4) in clause (ii), as redesignated--
       (A) by striking ``8'' and inserting ``7.5'';
       (B) by striking ``Boulder Creek'' and inserting ``Mislatnah 
     Creek''; and
       (C) by striking ``Steel Bridge'' and inserting ``Eagle 
     Creek'';
       (5) in clause (iii), as redesignated--
       (A) by striking ``11'' and inserting ``9.5''; and
       (B) by striking ``Steel Bridge'' and inserting ``Eagle 
     Creek''; and
       (6) by adding at the end the following:
       ``(B) Withdrawal.--Subject to valid rights, the Federal 
     land within the boundaries of the river segments designated 
     by subparagraph (A), is withdrawn from all forms of--
       ``(i) entry, appropriation, or disposal under the public 
     land laws;
       ``(ii) location, entry, and patent under the mining laws; 
     and
       ``(iii) disposition under all laws pertaining to mineral 
     and geothermal leasing or mineral materials.''.

     SEC. 363. WILD AND SCENIC RIVER DESIGNATIONS, WASSON CREEK 
                   AND FRANKLIN CREEK.

       Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1274(a)) is amended by adding at the end the following:
       ``(__) Franklin creek, oregon.--The 4.5-mile segment from 
     the headwaters to the private land boundary in section 8 to 
     be administered by the Secretary of Agriculture as a wild 
     river.
       ``(__) Wasson creek, oregon.--
       ``(A) The 4.2-mile segment from the eastern edge of section 
     17 downstream to the boundary of sections 11 and 12 to be 
     administered by the Secretary of Interior as a wild river.
       ``(B) The 5.9-mile segment downstream from the boundary of 
     sections 11 and 12 to the private land boundary in section 22 
     to be administered by the Secretary of Agriculture as a wild 
     river.''.

     SEC. 364. WILD AND SCENIC RIVER DESIGNATIONS, ROGUE RIVER 
                   AREA.

       (a) Designations.--Section 3(a)(5) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1274(a)(5)) (relating to the Rogue 
     River, Oregon) is amended by adding at the end the following: 
     ``In addition to the segment described in the previous 
     sentence, the following segments in the Rogue River area are 
     designated:
       ``(A) Kelsey creek.--The approximately 4.8 miles of Kelsey 
     Creek from east section line of T32S, R9W, sec. 34, W.M. to 
     the confluence with the Rogue River as a wild river.
       ``(B) East fork kelsey creek.--The approximately 4.6 miles 
     of East Fork Kelsey Creek from the Wild Rogue Wilderness 
     boundary in T33S, R8W, sec. 5, W.M. to the confluence with 
     Kelsey Creek as a wild river.
       ``(C) Whisky creek.--
       ``(i) The approximately 0.6 miles of Whisky Creek from the 
     confluence of the East Fork and West Fork to 0.1 miles 
     downstream from road 33-8-23 as a recreational river.
       ``(ii) The approximately 1.9 miles of Whisky Creek from 0.1 
     miles downstream from road 33-8-23 to the confluence with the 
     Rogue River as a wild river.
       ``(D) East fork whisky creek.--
       ``(i) The approximately 2.8 miles of East Fork Whisky Creek 
     from the Wild Rogue Wilderness boundary in T33S, R8W, sec. 
     11, W.M. to 0.1 miles downstream of road 33-8-26 crossing as 
     a wild river.
       ``(ii) The approximately .3 miles of East Fork Whisky Creek 
     from 0.1 miles downstream of road 33-8-26 to the confluence 
     with Whisky Creek as a recreational river.
       ``(E) West fork whisky creek.--The approximately 4.8 miles 
     of West Fork Whisky Creek from its headwaters to the 
     confluence with Whisky Creek as a wild river.
       ``(F) Big windy creek.--
       ``(i) The approximately 1.5 miles of Big Windy Creek from 
     its headwaters to 0.1 miles downstream from road 34-9-17.1 as 
     a scenic river.
       ``(ii) The approximately 5.8 miles of Big Windy Creek from 
     0.1 miles downstream from road 34-9-17.1 to the confluence 
     with the Rogue River as a wild river.
       ``(G) East fork big windy creek.--
       ``(i) The approximately 0.2 miles of East Fork Big Windy 
     Creek from its headwaters to 0.1 miles downstream from road 
     34-8-36 as a scenic river.
       ``(ii) The approximately 3.7 miles of East Fork Big Windy 
     Creek from 0.1 miles downstream from road 34-8-36 to the 
     confluence with Big Windy Creek as a wild river.
       ``(H) Little windy creek.--The approximately 1.9 miles of 
     Little Windy Creek from 0.1 miles downstream of road 34-8-36 
     to the confluence with the Rogue River as a wild river.
       ``(I) Howard creek.--
       ``(i) The approximately 0.3 miles of Howard Creek from its 
     headwaters to 0.1 miles downstream of road 34-9-34 as a 
     scenic river.
       ``(ii) The approximately 6.9 miles of Howard Creek from 0.1 
     miles downstream of road 34-9-34 to the confluence with the 
     Rogue River as a wild river.
       ``(J) Mule creek.--The approximately 6.3 miles of Mule 
     Creek from east section line of T32S, R10W, sec. 25, W.M. to 
     the confluence with the Rogue River as a wild river.
       ``(K) Anna creek.--The approximately 3.5-mile section of 
     Anna Creek from its headwaters to the confluence with Howard 
     Creek as a wild river.
       ``(L) Missouri creek.--The approximately 1.6 miles of 
     Missouri Creek from the Wild Rogue Wilderness boundary in 
     T33S, R10W, sec. 24, W.M. to the confluence with the Rogue 
     River as a wild river.
       ``(M) Jenny creek.--The approximately 1.8 miles of Jenny 
     Creek from the Wild Rogue Wilderness boundary in T33S, R9W, 
     sec. 28, W.M. to the confluence with the Rogue River as a 
     wild river.
       ``(N) Rum creek.--The approximately 2.2 miles of Rum Creek 
     from the Wild Rogue Wilderness boundary in T34S, R8W, sec. 9, 
     W.M. to the confluence with the Rogue River as a wild river.
       ``(O) East fork rum creek.--The approximately 1.5 miles of 
     East Rum Creek from the Wild Rogue Wilderness boundary in 
     T34S, R8W, sec. 10, W.M. to the confluence with Rum Creek as 
     a wild river.
       ``(P) Wildcat creek.--The approximately 1.7-mile section of 
     Wildcat Creek from its headwaters downstream to the 
     confluence with the Rogue River as a wild river.
       ``(Q) Montgomery creek.--The approximately 1.8-mile section 
     of Montgomery Creek from its headwaters downstream to the 
     confluence with the Rogue River as a wild river.
       ``(R) Hewitt creek.--The approximately 1.2 miles of Hewitt 
     Creek from the Wild Rogue Wilderness boundary in T33S, R9W, 
     sec. 19, W.M. to the confluence with the Rogue River as a 
     wild river.
       ``(S) Bunker creek.--The approximately 6.6 miles of Bunker 
     Creek from its headwaters to the confluence with the Rogue 
     River as a wild river.
       ``(T) Dulog creek.--
       ``(i) The approximately 0.8 miles of Dulog Creek from its 
     headwaters to 0.1 miles downstream of road 34-8-36 as a 
     scenic river.
       ``(ii) The approximately 1.0 miles of Dulog Creek from 0.1 
     miles downstream of road 34-8-36 to the confluence with the 
     Rogue River as a wild river.
       ``(U) Quail creek.--The approximately 1.7 miles of Quail 
     Creek from the Wild Rogue Wilderness boundary in T33S, R10W, 
     sec. 1, W.M. to the confluence with the Rogue River as a wild 
     river.
       ``(V) Meadow creek.--The approximately 4.1 miles of Meadow 
     Creek from its headwaters to the confluence with the Rogue 
     River as a wild river.
       ``(W) Russian creek.--The approximately 2.5 miles of 
     Russian Creek from the Wild Rogue Wilderness boundary in 
     T33S, R8W, sec. 20, W.M. to the confluence with the Rogue 
     River as a wild river.
       ``(X) Alder creek.--The approximately 1.2 miles of Alder 
     Creek from its headwaters to the confluence with the Rogue 
     River as a wild river.
       ``(Y) Booze creek.--The approximately 1.5 miles of Booze 
     Creek from its headwaters to

[[Page H7803]]

     the confluence with the Rogue River as a wild river.
       ``(Z) Bronco creek.--The approximately 1.8 miles of Bronco 
     Creek from its headwaters to the confluence with the Rogue 
     River as a wild river.
       ``(AA) Copsey creek.--The approximately 1.5 miles of Copsey 
     Creek from its headwaters to the confluence with the Rogue 
     River as a wild river.
       ``(BB) Corral creek.--The approximately 0.5 miles of Corral 
     Creek from its headwaters to the confluence with the Rogue 
     River as a wild river.
       ``(CC) Cowley creek.--The approximately 0.9 miles of Cowley 
     Creek from its headwaters to the confluence with the Rogue 
     River as a wild river.
       ``(DD) Ditch creek.--The approximately 1.8 miles of Ditch 
     Creek from the Wild Rogue Wilderness boundary in T33S, R9W, 
     sec. 5, W.M. to its confluence with the Rogue River as a wild 
     river.
       ``(EE) Francis creek.--The approximately 0.9 miles of 
     Francis Creek from its headwaters to the confluence with the 
     Rogue River as a wild river.
       ``(FF) Long gulch.--The approximately 1.1 miles of Long 
     Gulch from the Wild Rogue Wilderness boundary in T33S, R10W, 
     sec. 23, W.M. to the confluence with the Rogue River as a 
     wild river.
       ``(GG) Bailey creek.--The approximately 1.7 miles of Bailey 
     Creek from the west section line of T34S, R8W, sec. 14, W.M. 
     to the confluence of the Rogue River as a wild river.
       ``(HH) Shady creek.--The approximately 0.7 miles of Shady 
     Creek from its headwaters to the confluence with the Rogue 
     River as a wild river.
       ``(II) Slide creek.--
       ``(i) The approximately 0.5-mile section of Slide Creek 
     from its headwaters to 0.1 miles downstream from road 33-9-6 
     as a scenic river.
       ``(ii) The approximately 0.7-mile section of Slide Creek 
     from 0.1 miles downstream of road 33-9-6 to the confluence 
     with the Rogue River as a wild river.''.
       (b) Management.--All wild, scenic, and recreation 
     classified segments designated by the amendment made by 
     subsection (a) shall be managed as part of the Rogue Wild and 
     Scenic River.
       (c) Withdrawal.--Subject to valid rights, the Federal land 
     within the boundaries of the river segments designated by the 
     amendment made by subsection (a) is withdrawn from all forms 
     of--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.

     SEC. 365. ADDITIONAL PROTECTIONS FOR ROGUE RIVER TRIBUTARIES.

       (a) Withdrawal.--Subject to valid rights, the Federal land 
     within a quarter-mile on each side of the streams listed in 
     subsection (b) is withdrawn from all forms of--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (b) Stream Segments.--Subsection (a) applies the following 
     tributaries of the Rogue River:
       (1) Kelsey creek.--The approximately 4.5 miles of Kelsey 
     Creek from its headwaters to the east section line of 32S 9W 
     sec. 34.
       (2) East fork kelsey creek.--The approximately .2 miles of 
     East Fork Kelsey Creek from its headwaters to the Wild Rogue 
     Wilderness boundary in 33S 8W sec. 5.
       (3) East fork whisky creek.--The approximately .7 miles of 
     East Fork Whisky Creek from its headwaters to the Wild Rogue 
     Wilderness boundary in 33S 8W section 11.
       (4) Little windy creek.--The approximately 1.2 miles of 
     Little Windy Creek from its headwaters to west section line 
     of 33S 9W sec. 34.
       (5) Mule creek.--The approximately 5.1 miles of Mule Creek 
     from its headwaters to east section line of 32S 10W sec. 25.
       (6) Missouri creek.--The approximately 3.1 miles of 
     Missouri Creek from its headwaters to the Wild Rogue 
     Wilderness boundary in 33S 10W sec. 24.
       (7) Jenny creek.--The approximately 3.1 miles of Jenny 
     Creek from its headwaters to the Wild Rogue Wilderness 
     boundary in 33S 9W sec. 28.
       (8) Rum creek.--The approximately 2.2 miles of Rum Creek 
     from its headwaters to the Wild Rogue Wilderness boundary in 
     34S 8W sec. 9.
       (9) East fork rum creek.--The approximately .5 miles of 
     East Fork Rum Creek from its headwaters to the Wild Rogue 
     Wilderness boundary in 34S 8W sec. 10.
       (10) Hewitt creek.--The approximately 1.4 miles of Hewitt 
     Creek from its headwaters to the Wild Rogue Wilderness 
     boundary in 33S 9W sec. 19.
       (11) Quail creek.--The approximately .8 miles of Quail 
     Creek from its headwaters to the Wild Rogue Wilderness 
     boundary in 33S 10W sec. 1.
       (12) Russian creek.--The approximately .1 miles of Russian 
     Creek from its headwaters to the Wild Rogue Wilderness 
     boundary in 33S 8W sec. 20.
       (13) Ditch creek.--The approximately .7 miles of Ditch 
     Creek from its headwaters to the Wild Rogue Wilderness 
     boundary in 33S 9W sec. 5.
       (14) Long gulch.--The approximately 1.4 miles of Long Gulch 
     from its headwaters to the Wild Rogue Wilderness boundary in 
     33S 10W sec. 23.
       (15) Bailey creek.--The approximately 1.4 miles of Bailey 
     Creek from its headwaters to west section line of 34S 8W sec. 
     14.
       (16) Quartz creek.--The approximately 3.3 miles of Quartz 
     Creek from its headwaters to its confluence with the North 
     Fork Galice Creek.
       (17) North fork galice creek.--The approximately 5.7 miles 
     of the North Fork Galice Creek from its headwaters to its 
     confluence with Galice Creek.
       (18) Grave creek.--The approximately 10.2 mile section of 
     Grave Creek from the confluence of Wolf Creek downstream to 
     the confluence with the Rogue River.
       (19) Centennial gulch.--The approximately 2.2 miles of 
     Centennial Gulch from its headwaters to its confluence with 
     the Rogue River.

                   CHAPTER 3--ADDITIONAL PROTECTIONS

     SEC. 371. LIMITATIONS ON LAND ACQUISITION.

       (a) Prohibition on Use of Condemnation.--The Secretary of 
     the Interior or the Secretary of Agriculture may not acquire 
     by condemnation any land or interest within the boundaries of 
     the river segments or wilderness designated by this subtitle.
       (b) Landowner Consent Required.--Private or non-Federal 
     public property shall not be included within the boundaries 
     of the river segments or wilderness designated by this 
     subtitle unless the owner of the property has consented in 
     writing to having that property included in such boundaries.

     SEC. 372. OVERFLIGHTS.

       (a) In General.--Nothing in this subtitle or the Wilderness 
     Act shall preclude low-level overflights and operations of 
     military aircraft, helicopters, missiles, or unmanned aerial 
     vehicles over the wilderness designated by this subtitle, 
     including military overflights and operations that can be 
     seen or heard within the wilderness.
       (b) Special Use Airspace and Training Routes.--Nothing in 
     this subtitle or the Wilderness Act shall preclude the 
     designation of new units of special use airspace, the 
     expansion of existing units of special use airspace, or the 
     use or establishment of military training routes over 
     wilderness designated by this subtitle.

     SEC. 373. BUFFER ZONES.

       Nothing in this subtitle--
       (1) establishes or authorizes the establishment of a 
     protective perimeter or buffer zone around the boundaries of 
     the river segments or wilderness designated by this subtitle; 
     or
       (2) precludes, limits, or restricts an activity from being 
     conducted outside such boundaries, including an activity that 
     can be seen or heard from within such boundaries.

     SEC. 374. PREVENTION OF WILDFIRES.

       The designation of a river segment or wilderness by this 
     subtitle or the withdrawal of the Federal land under this 
     subtitle shall not be construed to interfere with the 
     authority of the Secretary of the Interior or the Secretary 
     of Agriculture to authorize mechanical thinning of trees or 
     underbrush to prevent or control the spread of wildfires, or 
     conditions creating the risk of wildfire that threatens areas 
     outside the boundary of the wilderness, or the use of 
     mechanized equipment for wildfire pre-suppression and 
     suppression.

     SEC. 375. LIMITATION ON DESIGNATION OF CERTAIN LANDS IN 
                   OREGON.

       A national monument designation under the Act of June 8, 
     1906 (commonly known as the Antiquities Act; 16 U.S.C. 431 et 
     seq.) within or on any portion of the Oregon and California 
     Railroad Grant Lands or the O&C Region Public Domain lands, 
     regardless of whether management authority over the lands are 
     transferred to the O&C Trust pursuant to section 311(c)(1), 
     the lands are excluded from the O&C Trust pursuant to section 
     311(c)(2), or the lands are transferred to the Forest Service 
     under section 321, shall only be made pursuant to 
     Congressional approval in an Act of Congress.

                       CHAPTER 4--EFFECTIVE DATE

     SEC. 381. EFFECTIVE DATE.

       (a) In General.--This subtitle and the amendments made by 
     this subtitle shall take effect on October 1 of the second 
     fiscal year of the transition period.
       (b) Exception.--If, as a result of judicial review 
     authorized by section 312, any provision of subtitle A is 
     held to be invalid and implementation of the provision or any 
     activity conducted under the provision is enjoined, this 
     subtitle and the amendments made by this subtitle shall not 
     take effect, or if the effective date specified in subsection 
     (a) has already occurred, this subtitle shall have no force 
     and effect and the amendments made by this subtitle are 
     repealed.

                     Subtitle D--Tribal Trust Lands

                 PART 1--COUNCIL CREEK LAND CONVEYANCE

     SEC. 391. DEFINITIONS.

       In this part:
       (1) Council creek land.--The term ``Council Creek land'' 
     means the approximately 17,519 acres of land, as generally 
     depicted on the map entitled ``Canyon Mountain Land 
     Conveyance'' and dated June 27, 2013.
       (2) Tribe.--The term ``Tribe'' means the Cow Creek Band of 
     Umpqua Tribe of Indians.

     SEC. 392. CONVEYANCE.

       (a) In General.--Subject to valid existing rights, 
     including rights-of-way, all right,

[[Page H7804]]

     title, and interest of the United States in and to the 
     Council Creek land, including any improvements located on the 
     land, appurtenances to the land, and minerals on or in the 
     land, including oil and gas, shall be--
       (1) held in trust by the United States for the benefit of 
     the Tribe; and
       (2) part of the reservation of the Tribe.
       (b) Survey.--Not later than one year after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     complete a survey of the boundary lines to establish the 
     boundaries of the land taken into trust under subsection (a).

     SEC. 393. MAP AND LEGAL DESCRIPTION.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     file a map and legal description of the Council Creek land 
     with--
       (1) the Committee on Energy and Natural Resources of the 
     Senate; and
       (2) the Committee on Natural Resources of the House of 
     Representatives.
       (b) Force and Effect.--The map and legal description filed 
     under subsection (a) shall have the same force and effect as 
     if included in this subdivision, except that the Secretary of 
     the Interior may correct any clerical or typographical errors 
     in the map or legal description.
       (c) Public Availability.--The map and legal description 
     filed under subsection (a) shall be on file and available for 
     public inspection in the Office of the Secretary of the 
     Interior.

     SEC. 394. ADMINISTRATION.

       (a) In General.--Unless expressly provided in this part, 
     nothing in this part affects any right or claim of the Tribe 
     existing on the date of enactment of this Act to any land or 
     interest in land.
       (b) Prohibitions.--
       (1) Exports of unprocessed logs.--Federal law (including 
     regulations) relating to the export of unprocessed logs 
     harvested from Federal land shall apply to any unprocessed 
     logs that are harvested from the Council Creek land.
       (2) Non-permissible use of land.--Any real property taken 
     into trust under section 392 shall not be eligible, or used, 
     for any gaming activity carried out under Public Law 100-497 
     (25 U.S.C. 2701 et seq.).
       (c) Forest Management.--Any forest management activity that 
     is carried out on the Council Creek land shall be managed in 
     accordance with all applicable Federal laws.

                 PART 2--OREGON COASTAL LAND CONVEYANCE

     SEC. 395. DEFINITIONS.

       In this part:
       (1) Oregon coastal land.--The term ``Oregon Coastal land'' 
     means the approximately 14,804 acres of land, as generally 
     depicted on the map entitled ``Oregon Coastal Land 
     Conveyance'' and dated March 5, 2013.
       (2) Confederated tribes.--The term ``Confederated Tribes'' 
     means the Confederated Tribes of Coos, Lower Umpqua, and 
     Siuslaw Indians.

     SEC. 396. CONVEYANCE.

       (a) In General.--Subject to valid existing rights, 
     including rights-of-way, all right, title, and interest of 
     the United States in and to the Oregon Coastal land, 
     including any improvements located on the land, appurtenances 
     to the land, and minerals on or in the land, including oil 
     and gas, shall be--
       (1) held in trust by the United States for the benefit of 
     the Confederated Tribes; and
       (2) part of the reservation of the Confederated Tribes.
       (b) Survey.--Not later than one year after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     complete a survey of the boundary lines to establish the 
     boundaries of the land taken into trust under subsection (a).

     SEC. 397. MAP AND LEGAL DESCRIPTION.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     file a map and legal description of the Oregon Coastal land 
     with--
       (1) the Committee on Energy and Natural Resources of the 
     Senate; and
       (2) the Committee on Natural Resources of the House of 
     Representatives.
       (b) Force and Effect.--The map and legal description filed 
     under subsection (a) shall have the same force and effect as 
     if included in this subdivision, except that the Secretary of 
     the Interior may correct any clerical or typographical errors 
     in the map or legal description.
       (c) Public Availability.--The map and legal description 
     filed under subsection (a) shall be on file and available for 
     public inspection in the Office of the Secretary of the 
     Interior.

     SEC. 398. ADMINISTRATION.

       (a) In General.--Unless expressly provided in this part, 
     nothing in this part affects any right or claim of the 
     Consolidated Tribes existing on the date of enactment of this 
     Act to any land or interest in land.
       (b) Prohibitions.--
       (1) Exports of unprocessed logs.--Federal law (including 
     regulations) relating to the export of unprocessed logs 
     harvested from Federal land shall apply to any unprocessed 
     logs that are harvested from the Oregon Coastal land.
       (2) Non-permissible use of land.--Any real property taken 
     into trust under section 396 shall not be eligible, or used, 
     for any gaming activity carried out under Public Law 100-497 
     (25 U.S.C. 2701 et seq.).
       (c) Forest Management.--Any forest management activity that 
     is carried out on the Oregon Coastal land shall be managed in 
     accordance with all applicable Federal laws.

          TITLE IV--COMMUNITY FOREST MANAGEMENT DEMONSTRATION

     SEC. 401. PURPOSE AND DEFINITIONS.

       (a) Purpose.--The purpose of this title is to generate 
     dependable economic activity for counties and local 
     governments by establishing a demonstration program for 
     local, sustainable forest management.
       (b) Definitions.--In this title:
       (1) Advisory committee.--The term ``Advisory Committee'' 
     means the Advisory Committee appointed by the Governor of a 
     State for the community forest demonstration area established 
     for the State.
       (2) Community forest demonstration area.--The term 
     ``community forest demonstration area'' means a community 
     forest demonstration area established for a State under 
     section 402.
       (3) National forest system.--The term ``National Forest 
     System'' has the meaning given that term in section 11(a) of 
     the Forest and Rangeland Renewable Resources Planning Act of 
     1974 (16 U.S.C. 1609(a)), except that the term does not 
     include the National Grasslands and land utilization projects 
     designated as National Grasslands administered pursuant to 
     the Act of July 22, 1937 (7 U.S.C. 1010-1012).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture or the designee of the Secretary of 
     Agriculture.
       (5) State.--The term ``State'' includes the Commonwealth of 
     Puerto Rico.

     SEC. 402. ESTABLISHMENT OF COMMUNITY FOREST DEMONSTRATION 
                   AREAS.

       (a) Establishment Required; Time for Establishment.--
     Subject to subsection (c) and not later than one year after 
     the date of the enactment of this Act, the Secretary of 
     Agriculture shall establish a community forest demonstration 
     area at the request of the Advisory Committee appointed to 
     manage community forest demonstration area land in that 
     State.
       (b) Covered Land.--
       (1) Inclusion of national forest system land.--The 
     community forest demonstration areas of a State shall consist 
     of the National Forest System land in the State identified 
     for inclusion by the Advisory Committee of that State.
       (2) Exclusion of certain land.--A community forest 
     demonstration area shall not include National Forest System 
     land--
       (A) that is a component of the National Wilderness 
     Preservation System;
       (B) on which the removal of vegetation is specifically 
     prohibited by Federal statute;
       (C) National Monuments; or
       (D) over which administration jurisdiction was first 
     assumed by the Forest Service under title III.
       (c) Conditions on Establishment.--
       (1) Acreage requirement.--A community forest demonstration 
     area must include at least 200,000 acres of National Forest 
     System land. If the unit of the National Forest System in 
     which a community forest demonstration area is being 
     established contains more than 5,000,000 acres, the community 
     forest demonstration area may include 900,000 or more acres 
     of National Forest System land.
       (2) Management law or best management practices 
     requirement.--A community forest demonstration area may be 
     established in a State only if the State--
       (A) has a forest practices law applicable to State or 
     privately owned forest land in the State; or
       (B) has established silvicultural best management practices 
     or other regulations for forest management practices related 
     to clean water, soil quality, wildlife or forest health.
       (3) Revenue sharing requirement.--As a condition of the 
     inclusion in a community forest demonstration area of 
     National Forest System land located in a particular county in 
     a State, the county must enter into an agreement with the 
     Governor of the State that requires that, in utilizing 
     revenues received by the county under section 406(b), the 
     county shall continue to meet any obligations under 
     applicable State law as provided under title I of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (16 U.S.C. 7111 et seq.) or as provided in the sixth 
     paragraph under the heading ``FOREST SERVICE'' in the Act of 
     May 23, 1908 (16 U.S.C. 500) and section 13 of the Act of 
     March 1, 1911 (16 U.S.C. 500).
       (d) Treatment Under Certain Other Laws.--National Forest 
     System land included in a community forest demonstration area 
     shall not be considered Federal land for purposes of--
       (1) making payments to counties under the sixth paragraph 
     under the heading ``FOREST SERVICE'' in the Act of May 23, 
     1908 (16 U.S.C. 500) and section 13 of the Act of March 1, 
     1911 (16 U.S.C. 500); or
       (2) title I.
       (e) Acreage Limitation.--Not more than a total of 4,000,000 
     acres of National Forest System land may be established as 
     community forest demonstration areas.
       (f) Recognition of Valid and Existing Rights.--Nothing in 
     this title shall be construed to limit or restrict--
       (1) access to National Forest System land included in a 
     community forest demonstration area for hunting, fishing, and 
     other related purposes; or
       (2) valid and existing rights regarding such National 
     Forest System land, including

[[Page H7805]]

     rights of any federally recognized Indian tribe.

     SEC. 403. ADVISORY COMMITTEE.

       (a) Appointment.--A community forest demonstration area for 
     a State shall be managed by an Advisory Committee appointed 
     by the Governor of the State.
       (b) Composition.--The Advisory Committee for a community 
     forest demonstration area in a State shall include, but is 
     not limited to, the following members:
       (1) One member who holds county or local elected office, 
     appointed from each county or local governmental unit in the 
     State containing community forest demonstration area land.
       (2) One member who represents the commercial timber, wood 
     products, or milling industry.
       (3) One member who represents persons holding Federal 
     grazing or other land use permits.
       (4) One member who represents recreational users of 
     National Forest System land.
       (c) Terms.--
       (1) In general.--Except in the case of certain initial 
     appointments required by paragraph (2), members of an 
     Advisory Committee shall serve for a term of three years.
       (2) Initial appointments.--In making initial appointments 
     to an Advisory Committee, the Governor making the 
     appointments shall stagger terms so that at least one-third 
     of the members will be replaced every three years.
       (d) Compensation.--Members of a Advisory Committee shall 
     serve without pay, but may be reimbursed from the funds made 
     available for the management of a community forest 
     demonstration area for the actual and necessary travel and 
     subsistence expenses incurred by members in the performance 
     of their duties.

     SEC. 404. MANAGEMENT OF COMMUNITY FOREST DEMONSTRATION AREAS.

       (a) Assumption of Management.--
       (1) Confirmation.--The Advisory Committee appointed for a 
     community forest demonstration area shall assume all 
     management authority with regard to the community forest 
     demonstration area as soon as the Secretary confirms that--
       (A) the National Forest System land to be included in the 
     community forest demonstration area meets the requirements of 
     subsections (b) and (c) of section 402;
       (B) the Advisory Committee has been duly appointed under 
     section 403 and is able to conduct business; and
       (C) provision has been made for essential management 
     services for the community forest demonstration area.
       (2) Scope and time for confirmation.--The determination of 
     the Secretary under paragraph (1) is limited to confirming 
     whether the conditions specified in subparagraphs (A) and (B) 
     of such paragraph have been satisfied. The Secretary shall 
     make the determination not later than 60 days after the date 
     of the appointment of the Advisory Committee.
       (3) Effect of failure to confirm.--If the Secretary 
     determines that either or both conditions specified in 
     subparagraphs (A) and (B) of paragraph (1) are not satisfied 
     for confirmation of an Advisory Committee, the Secretary 
     shall--
       (A) promptly notify the Governor of the affected State and 
     the Advisory Committee of the reasons preventing 
     confirmation; and
       (B) make a new determination under paragraph (2) within 60 
     days after receiving a new request from the Advisory 
     Committee that addresses the reasons that previously 
     prevented confirmation.
       (b) Management Responsibilities.--Upon assumption of 
     management of a community forest demonstration area, the 
     Advisory Committee for the community forest demonstration 
     area shall manage the land and resources of the community 
     forest demonstration area and the occupancy and use thereof 
     in conformity with this title, and to the extent not in 
     conflict with this title, the laws and regulations applicable 
     to management of State or privately-owned forest lands in the 
     State in which the community forest demonstration area is 
     located.
       (c) Applicability of Other Federal Laws.--
       (1) In general.--The administration and management of a 
     community forest demonstration area, including implementing 
     actions, shall not be considered Federal action and shall be 
     subject to the following only to the extent that such laws 
     apply to the State or private administration and management 
     of forest lands in the State in which the community forest 
     demonstration area is located:
       (A) The Federal Water Pollution Control Act (33 U.S.C. 1251 
     note).
       (B) The Clean Air Act (42 U.S.C. 7401 et seq.).
       (C) The Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.).
       (D) Federal laws and regulations governing procurement by 
     Federal agencies.
       (E) Except as provided in paragraph (2), other Federal 
     laws.
       (2) Applicability of native american graves protection and 
     repatriation act.--Notwithstanding the assumption by an 
     Advisory Committee of management of a community forest 
     demonstration area, the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3001 et seq.) shall continue to 
     apply to the National Forest System land included in the 
     community forest demonstration area.
       (d) Consultation.--
       (1) With indian tribes.--The Advisory Committee for a 
     community forest demonstration area shall cooperate and 
     consult with Indian tribes on management policies and 
     practices for the community forest demonstration area that 
     may affect the Indian tribes. The Advisory Committee shall 
     take into consideration the use of lands within the community 
     forest demonstration area for religious and cultural uses by 
     Native Americans.
       (2) With collaborative groups.--The Advisory Committee for 
     a community forest demonstration area shall consult with any 
     applicable forest collaborative group.
       (e) Recreation.--Nothing in this section shall affect 
     public use and recreation within a community forest 
     demonstration area.
       (f) Fire Management.--The Secretary shall provide fire 
     presuppression, suppression, and rehabilitation services on 
     and with respect to a community forest demonstration area to 
     the same extent generally authorized in other units of the 
     National Forest System.
       (g) Prohibition on Export.--As a condition on the sale of 
     timber or other forest products from a community forest 
     demonstration area, unprocessed timber harvested from a 
     community forest demonstration area may not be exported in 
     accordance with subpart F of part 223 of title 36, Code of 
     Federal Regulations.

     SEC. 405. DISTRIBUTION OF FUNDS FROM COMMUNITY FOREST 
                   DEMONSTRATION AREA.

       (a) Retention of Funds for Management.--The Advisory 
     Committee appointed for a community forest demonstration area 
     may retain such sums as the Advisory Committee considers to 
     be necessary from amounts generated from that community 
     forest demonstration area to fund the management, 
     administration, restoration, operation and maintenance, 
     improvement, repair, and related expenses incurred with 
     respect to the community forest demonstration area.
       (b) Funds to Counties or Local Governmental Units.--Subject 
     to subsection (a) and section 407, the Advisory Committee for 
     a community forest demonstration area in a State shall 
     distribute funds generated from that community forest 
     demonstration area to each county or local governmental unit 
     in the State in an amount proportional to the funds received 
     by the county or local governmental unit under title I of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 7111 et seq.).

     SEC. 406. INITIAL FUNDING AUTHORITY.

       (a) Funding Source.--Counties may use such sum as the 
     counties consider to be necessary from the amounts made 
     available to the counties under section 501 to provide 
     initial funding for the management of community forest 
     demonstration areas.
       (b) No Restriction on Use of Non-Federal Funds.--Nothing in 
     this title restricts the Advisory Committee of a community 
     forest demonstration area from seeking non-Federal loans or 
     other non-Federal funds for management of the community 
     forest demonstration area.

     SEC. 407. PAYMENTS TO UNITED STATES TREASURY.

       (a) Payment Requirement.--As soon as practicable after the 
     end of the fiscal year in which a community forest 
     demonstration area is established and as soon as practicable 
     after the end of each subsequent fiscal year, the Advisory 
     Committee for a community forest demonstration area shall 
     make a payment to the United States Treasury.
       (b) Payment Amount.--The payment for a fiscal year under 
     subsection (a) with respect to a community forest 
     demonstration area shall be equal to 75 percent of the 
     quotient obtained by dividing--
       (1) the number obtained by multiplying the number of acres 
     of land in the community forest demonstration area by the 
     average annual receipts generated over the preceding 10-
     fiscal year period from the unit or units of the National 
     Forest System containing that community forest demonstration 
     area; by
       (2) the total acres of National Forest System land in that 
     unit or units of the National Forest System.

     SEC. 408. TERMINATION OF COMMUNITY FOREST DEMONSTRATION AREA.

       (a) Termination Authority.--Subject to approval by the 
     Governor of the State, the Advisory Committee for a community 
     forest demonstration area may terminate the community forest 
     demonstration area by a unanimous vote.
       (b) Effect of Termination.--Upon termination of a community 
     forest demonstration area, the Secretary shall immediately 
     resume management of the National Forest System land that had 
     been included in the community forest demonstration area, and 
     the Advisory Committee shall be dissolved.
       (c) Treatment of Undistributed Funds.--Any revenues from 
     the terminated area that remain undistributed under section 
     405 more than 30 days after the date of termination shall be 
     deposited in the general fund of the Treasury for use by the 
     Forest Service in such amounts as may be provided in advance 
     in appropriation Acts.

  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.

       (a) Beneficiary Counties.--During the month of February 
     2015, the Secretary of Agriculture shall distribute to each 
     beneficiary

[[Page H7806]]

     county (as defined in section 102(2)) a payment equal to the 
     amount distributed to the beneficiary county for fiscal year 
     2010 under section 102(c)(1) of the Secure Rural Schools and 
     Community Self-Determination Act of 2000 (16 U.S.C. 
     7112(c)(1)).
       (b) Counties That Were Eligible for Direct County 
     Payments.--
       (1) Total amount available for payments.--During the month 
     of February 2015, the Secretary of the Interior shall 
     distribute to all counties that received a payment for fiscal 
     year 2010 under subsection (a)(2) of section 102 of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 7112) payments in a total amount equal to the 
     difference between--
       (A) the total amount distributed to all such counties for 
     fiscal year 2010 under subsection (c)(1) of such section; and
       (B) $27,000,000.
       (2) County share.--From the total amount determined under 
     paragraph (1), each county described in such paragraph shall 
     receive, during the month of February 2015, an amount that 
     bears the same proportion to the total amount made available 
     under such paragraph as that county's payment for fiscal year 
     2010 under subsection (c)(1) of section 102 of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (16 U.S.C. 7112) bears to the total amount distributed to all 
     such counties for fiscal year 2010 under such subsection.
       (c) Effect on 25-percent and 50-percent Payments.--A county 
     that receives a payment made under subsection (a) or (b) may 
     not receive a 25-percent payment or 50-percent payment (as 
     those terms are defined in section 3 of the Secure Rural 
     Schools and Community Self-Determination Act of 2000 (16 
     U.S.C. 7102)) for fiscal year 2015.

     SEC. 502. RESTORING ORIGINAL CALCULATION METHOD FOR 25-
                   PERCENT PAYMENTS.

       (a) Amendment of Act of May 23, 1908.--The sixth paragraph 
     under the heading ``FOREST SERVICE'' in the Act of May 23, 
     1908 (16 U.S.C. 500) is amended in the first sentence--
       (1) by striking ``the annual average of 25 percent of all 
     amounts received for the applicable fiscal year and each of 
     the preceding 6 fiscal years'' and inserting ``25 percent of 
     all amounts received for the applicable fiscal year'';
       (2) by striking ``said reserve'' both places it appears and 
     inserting ``the national forest''; and
       (3) by striking ``forest reserve'' both places it appears 
     and inserting ``national forest''.
       (b) Conforming Amendment to Weeks Law.--Section 13 of the 
     Act of March 1, 1911 (commonly known as the Weeks Law; 16 
     U.S.C. 500) is amended in the first sentence by striking 
     ``the annual average of 25 percent of all amounts received 
     for the applicable fiscal year and each of the preceding 6 
     fiscal years'' and inserting ``25 percent of all amounts 
     received for the applicable fiscal year''.

     SEC. 503. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT GOOD-
                   NEIGHBOR COOPERATION WITH STATES TO REDUCE 
                   WILDFIRE RISKS.

       (a) Definitions.--In this section:
       (1) Eligible state.--The term ``eligible State'' means a 
     State that contains National Forest System land or land under 
     the jurisdiction of the Bureau of Land Management.
       (2) Secretary.--The term ``Secretary'' means--
       (A) the Secretary of Agriculture, with respect to National 
     Forest System land; or
       (B) the Secretary of the Interior, with respect to land 
     under the jurisdiction of the Bureau of Land Management.
       (3) State forester.--The term ``State forester'' means the 
     head of a State agency with jurisdiction over State forestry 
     programs in an eligible State.
       (b) Cooperative Agreements and Contracts Authorized.--The 
     Secretary may enter into a cooperative agreement or contract 
     (including a sole source contract) with a State forester to 
     authorize the State forester to provide the forest, 
     rangeland, and watershed restoration, management, and 
     protection services described in subsection (c) on National 
     Forest System land or land under the jurisdiction of the 
     Bureau of Land Management, as applicable, in the eligible 
     State.
       (c) Authorized Services.--The forest, rangeland, and 
     watershed restoration, management, and protection services 
     referred to in subsection (b) include the conduct of--
       (1) activities to treat insect infected forests;
       (2) activities to reduce hazardous fuels;
       (3) activities involving commercial harvesting or other 
     mechanical vegetative treatments; or
       (4) any other activities to restore or improve forest, 
     rangeland, and watershed health, including fish and wildlife 
     habitat.
       (d) State as Agent.--Except as provided in subsection (g), 
     a cooperative agreement or contract entered into under 
     subsection (b) may authorize the State forester to serve as 
     the agent for the Secretary in providing the restoration, 
     management, and protection services authorized under 
     subsection (b).
       (e) Subcontracts.--In accordance with applicable contract 
     procedures for the eligible State, a State forester may enter 
     into subcontracts to provide the restoration, management, and 
     protection services authorized under a cooperative agreement 
     or contract entered into under subsection (b).
       (f) Timber Sales.--Subsections (d) and (g) of section 14 of 
     the National Forest Management Act of 1976 (16 U.S.C. 472a) 
     shall not apply to services performed under a cooperative 
     agreement or contract entered into under subsection (b).
       (g) Retention of NEPA Responsibilities.--Any decision 
     required to be made under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any 
     restoration, management, or protection services to be 
     provided under this section by a State forester on National 
     Forest System land or Bureau of Land Management land, as 
     applicable, shall not be delegated to a State forester or any 
     other officer or employee of the eligible State.
       (h) Applicable Law.--The restoration, management, and 
     protection services to be provided under this section shall 
     be carried out on a project-to-project basis under existing 
     authorities of the Forest Service or Bureau of Land 
     Management, as applicable.

     SEC. 504. TREATMENT AS SUPPLEMENTAL FUNDING.

       None of the funds made available to a beneficiary county 
     (as defined in section 102(2)) or other political subdivision 
     of a State under this subdivision shall be used in lieu of or 
     to otherwise offset State funding sources for local schools, 
     facilities, or educational purposes.

     SEC. 505. DEFINITION OF FIRE SUPPRESSION TO INCLUDE CERTAIN 
                   RELATED ACTIVITIES.

       For purposes of utilizing amounts made available to the 
     Secretary of Agriculture or the Secretary of the Interior for 
     fire suppression activities, including funds made available 
     from the FLAME Fund, the term ``fire suppression'' includes 
     reforestation, site rehabilitation, salvage operations, and 
     replanting occurring following fire damage on lands under the 
     jurisdiction of the Secretary concerned or following fire 
     suppression efforts on such lands by the Secretary concerned.

     SEC. 506. PROHIBITION ON CERTAIN ACTIONS REGARDING FOREST 
                   SERVICE ROADS AND TRAILS.

       The Forest Service shall not remove or otherwise eliminate 
     or obliterate any legally created road or trail unless there 
     has been a specific decision, which included adequate and 
     appropriate public involvement, to decommission the specific 
     road or trail in question. The fact that any road or trail is 
     a not a Forest System road or trail, or does not appear on a 
     Motor Vehicle Use Map, shall not constitute a decision.

   SUBDIVISION B--NATIONAL STRATEGIC AND CRITICAL MINERALS PRODUCTION

     SEC. 100. SHORT TITLE.

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

     SEC. 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.

     SEC. 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

[[Page H7807]]

     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.

  TITLE I--DEVELOPMENT OF DOMESTIC SOURCES OF STRATEGIC AND CRITICAL 
                                MINERALS

     SEC. 101. IMPROVING DEVELOPMENT OF STRATEGIC AND CRITICAL 
                   MINERALS.

       Domestic mines that will provide strategic and critical 
     minerals shall be considered an ``infrastructure project'' as 
     described in Presidential Order ``Improving Performance of 
     Federal Permitting and Review of Infrastructure Projects'' 
     dated March 22, 2012.

     SEC. 102. RESPONSIBILITIES OF THE LEAD AGENCY.

       (a) In General.--The lead agency with responsibility for 
     issuing a mineral exploration or mine permit shall appoint a 
     project lead who shall coordinate and consult with 
     cooperating agencies and any other agency involved in the 
     permitting process, project proponents and contractors to 
     ensure that agencies minimize delays, set and adhere to 
     timelines and schedules for completion of the permitting 
     process, set clear permitting goals and track progress 
     against those goals.
       (b) Determination Under NEPA.--To the extent that the 
     National Environmental Policy Act of 1969 applies to any 
     mineral exploration or mine permit, the lead agency with 
     responsibility for issuing a mineral exploration or mine 
     permit shall determine that the action to approve the 
     exploration or mine permit does not constitute a major 
     Federal action significantly affecting the quality of the 
     human environment within the meaning of the National 
     Environmental Policy Act of 1969 if the procedural and 
     substantive safeguards of the permitting process alone, any 
     applicable State permitting process alone, or a combination 
     of the two processes together provide an adequate mechanism 
     to ensure that environmental factors are taken into account.
       (c) Coordination on Permitting Process.--The lead agency 
     with responsibility for issuing a mineral exploration or mine 
     permit shall enhance government coordination for the 
     permitting process by avoiding duplicative reviews, 
     minimizing paperwork and engaging other agencies and 
     stakeholders early in the process. The lead agency shall 
     consider the following best practices:
       (1) Deferring to and relying upon baseline data, analyses 
     and reviews performed by State agencies with jurisdiction 
     over the proposed project.
       (2) Conducting any consultations or reviews concurrently 
     rather than sequentially to the extent practicable and when 
     such concurrent review will expedite rather than delay a 
     decision.
       (d) Schedule for Permitting Process.--At the request of a 
     project proponent, the lead agency, cooperating agencies and 
     any other agencies involved with the mineral exploration or 
     mine permitting process shall enter into an agreement with 
     the project proponent that sets time limits for each part of 
     the permitting process including the following:
       (1) The decision on whether to prepare a document required 
     under the National Environmental Policy Act of 1969.
       (2) A determination of the scope of any document required 
     under the National Environmental Policy Act of 1969.
       (3) The scope of and schedule for the baseline studies 
     required to prepare a document required under the National 
     Environmental Policy Act of 1969.
       (4) Preparation of any draft document required under the 
     National Environmental Policy Act of 1969.
       (5) Preparation of a final document required under the 
     National Environmental Policy Act of 1969.
       (6) Consultations required under applicable laws.
       (7) Submission and review of any comments required under 
     applicable law.
       (8) Publication of any public notices required under 
     applicable law.
       (9) A final or any interim decisions.
       (e) Time Limit for Permitting Process.--In no case should 
     the total review process described in subsection (d) exceed 
     30 months unless agreed to by the signatories of the 
     agreement.
       (f) Limitation on Addressing Public Comments.--The lead 
     agency is not required to address agency or public comments 
     that were not submitted during any public comment periods or 
     consultation periods provided during the permitting process 
     or as otherwise required by law.
       (g) Financial Assurance.--The lead agency will determine 
     the amount of financial assurance for reclamation of a 
     mineral exploration or mining site, which must cover the 
     estimated cost if the lead agency were to contract with a 
     third party to reclaim the operations according to the 
     reclamation plan, including construction and maintenance 
     costs for any treatment facilities necessary to meet Federal, 
     State or tribal environmental standards.
       (h) Application to Existing Permit Applications.--This 
     section shall apply with respect to a mineral exploration or 
     mine permit for which an application was submitted before the 
     date of the enactment of this Act if the applicant for the 
     permit submits a written request to the lead agency for the 
     permit. The lead agency shall begin implementing this section 
     with respect to such application within 30 days after 
     receiving such written request.
       (i) Strategic and Critical Minerals Within National 
     Forests.--With respect to strategic and critical minerals 
     within a federally administered unit of the National Forest 
     System, the lead agency shall--
       (1) exempt all areas of identified mineral resources in 
     Land Use Designations, other than Non-Development Land Use 
     Designations, in existence as of the date of the enactment of 
     this Act from the procedures detailed at and all rules 
     promulgated under part 294 of title 36, Code for Federal 
     Regulations;
       (2) apply such exemption to all additional routes and areas 
     that the lead agency finds necessary to facilitate the 
     construction, operation, maintenance, and restoration of the 
     areas of identified mineral resources described in paragraph 
     (1); and
       (3) continue to apply such exemptions after approval of the 
     Minerals Plan of Operations for the unit of the National 
     Forest System.

     SEC. 103. CONSERVATION OF THE RESOURCE.

       In evaluating and issuing any mineral exploration or mine 
     permit, the priority of the lead agency shall be to maximize 
     the development of the mineral resource, while mitigating 
     environmental impacts, so that more of the mineral resource 
     can be brought to the market place.

     SEC. 104. FEDERAL REGISTER PROCESS FOR MINERAL EXPLORATION 
                   AND MINING PROJECTS.

       (a) Preparation of Federal Notices for Mineral Exploration 
     and Mine Development Projects.--The preparation of Federal 
     Register notices required by law associated with the issuance 
     of a mineral exploration or mine permit shall be delegated to 
     the organization level within the agency responsible for 
     issuing the mineral exploration or mine permit. All Federal 
     Register notices regarding official document availability, 
     announcements of meetings, or notices of intent to undertake 
     an action shall be originated and transmitted to the Federal 
     Register from the office where documents are held, meetings 
     are held, or the activity is initiated.
       (b) Departmental Review of Federal Register Notices for 
     Mineral Exploration and Mining Projects.--Absent any 
     extraordinary circumstance or except as otherwise required by 
     any Act of Congress, each Federal Register notice described 
     in subsection (a) shall undergo any required reviews within 
     the Department of the Interior or the Department of 
     Agriculture and be published in its final form in the Federal 
     Register no later than 30 days after its initial preparation.

TITLE II--JUDICIAL REVIEW OF AGENCY ACTIONS RELATING TO EXPLORATION AND 
                              MINE PERMITS

     SEC. 201. DEFINITIONS FOR TITLE.

       In this title the term ``covered civil action'' means a 
     civil action against the Federal Government containing a 
     claim under section 702 of title 5, United States Code, 
     regarding agency action affecting a mineral exploration or 
     mine permit.

     SEC. 202. TIMELY FILINGS.

       A covered civil action is barred unless filed no later than 
     the end of the 60-day period beginning on the date of the 
     final Federal agency action to which it relates.

     SEC. 203. RIGHT TO INTERVENE.

       The holder of any mineral exploration or mine permit may 
     intervene as of right in any covered civil action by a person 
     affecting rights or obligations of the permit holder under 
     the permit.

     SEC. 204. EXPEDITION IN HEARING AND DETERMINING THE ACTION.

       The court shall endeavor to hear and determine any covered 
     civil action as expeditiously as possible.

     SEC. 205. LIMITATION ON PROSPECTIVE RELIEF.

       In a covered civil action, the court shall not grant or 
     approve any prospective relief unless the court finds that 
     such relief is narrowly drawn, extends no further than 
     necessary to correct the violation of a legal requirement, 
     and is the least intrusive means necessary to correct that 
     violation.

     SEC. 206. LIMITATION ON ATTORNEYS' FEES.

       Sections 504 of title 5, United States Code, and 2412 of 
     title 28, United States Code (together commonly called the 
     Equal Access to Justice Act) do not apply to a covered civil 
     action, nor shall any party in such a covered civil action 
     receive payment from the Federal Government for their 
     attorneys' fees, expenses, and other court costs.

                  TITLE III--MISCELLANEOUS PROVISIONS

     SEC. 301. SECRETARIAL ORDER NOT AFFECTED.

       Nothing in this subdivision shall be construed as to affect 
     any aspect of Secretarial Order 3324, issued by the Secretary 
     of the Interior on December 3, 2012, with respect to potash 
     and oil and gas operators.

  The SPEAKER pro tempore. The gentleman from Michigan (Mr. Camp) and 
the gentleman from New York (Mr. Rangel) each will control 60 minutes.
  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. CAMP. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days in which to revise and extend their remarks and to 
include extraneous material on H.R. 4.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?

[[Page H7808]]

  There was no objection.
  Mr. CAMP. Mr. Speaker, I yield myself such time as I may consume.
  Every day, honest, hardworking men and women are struggling. Far too 
many families haven't seen a pay raise in years, and many have lost 
hope and stopped looking for work entirely. H.R. 4, the Jobs for 
America Act, will strengthen the economy by creating more jobs with 
higher take-home pay.
  The House has already passed dozens of bipartisan solutions that will 
break down burdensome regulations and promote policies that allow 
businesses, large and small, to do what they do best: grow, innovate, 
and hire new workers.
  The bill we have before us today, the Jobs for America Act, includes 
provisions that have strong bipartisan support in both the House and 
the Senate.
  The research and development credit, which has been around for over 
30 years, is a proven way to incentivize U.S. companies to innovate, 
create new products, and invest in the U.S.
  The United States is the only country that allows important pieces of 
its Tax Code to expire on a regular basis. Businesses cannot grow and 
invest when the Tax Code is riddled with instability and uncertainty.
  Making the R&D tax credit permanent also supports good-paying jobs. 
According to the National Association of Manufacturers, 70 percent of 
research and development credit dollars are used to pay salaries of R&D 
workers.
  The nonpartisan Joint Committee on Taxation estimates that making the 
R&D credit permanent could increase the amount of research and 
development American companies undertake by up to 10 percent. That 
translates into more workers, higher wages, and increased innovation 
here in the United States.
  This bill would also make permanent bonus depreciation and section 
179 expensing at higher levels, allowing businesses, farmers, and 
ranchers to plan for the future and expand their businesses. The result 
of that is more jobs and higher wages for hardworking Americans. The 
Tax Foundation analysis found that permanent bonus depreciation would 
add $182 billion to the economy and increase wages by 1 percent, which 
creates 212,000 jobs.

                              {time}  1415

  Additionally, the bill would make permanent several expired tax 
provisions that benefit S corporations, a popular and important 
business structure that is used by millions of small businesses across 
the country.
  This commonsense effort will give small businesses some much-needed 
relief from the burdens of the Tax Code, allowing them to invest and 
create new jobs.
  This bill would also repeal some of the job-killing provisions of the 
health care law. The current 30-hour rule in the Affordable Care Act's 
employer mandate results in fewer jobs, reduced hours, and less 
opportunity for Americans.
  By changing the definition of ``full-time work,'' ObamaCare places an 
unprecedented government regulation on workers. As a direct result, 
Americans across the country are having their hours cut at work and 
seeing smaller paychecks. At a time when the cost of groceries, gas, 
and health care keep increasing, lower paychecks are simply 
unacceptable.
  Worst of all, the law hits lower-income Americans the hardest: 2.6 
million workers with a median income of under $30,000 are at risk of 
losing jobs or hours; 89 percent of workers impacted by the rule don't 
have college degrees, 63 percent of which are women; and over half have 
a high school diploma or less.
  So simply restoring the definition of ``full-time work'' to 40 hours 
will ensure the hardest-working Americans don't see their hours and 
wages cut as a result of the health care law.
  This bill also ensures that small businesses that hire veterans 
returning from service overseas, who already have coverage through 
TRICARE or the VA, are not counted under the employer mandate.
  And we repeal the onerous medical device tax, which is stifling 
medical innovation and hurting jobs. According to a survey by AdvaMed, 
the medical device tax has already resulted in 14,000 jobs lost in the 
industry and prevented 19,000 jobs from being created. This tax is 
contributing to lackluster job creation and hampering medical 
innovation.
  We have strong bipartisan support for repeal of this tax, and for 
repealing it before even more detrimental harm is done to the workforce 
and medical community.
  These are only a few among a long list of policies that will 
ultimately get Americans back to work and increase their quality of 
living. With better jobs, higher take-home pay, and a stronger economy, 
we can offer a brighter future for our youth and ease the everyday 
burdens felt by individuals nationwide.
  It is time to create an America that works.
  Mr. Speaker, I reserve the balance of my time.
  Mr. RANGEL. Mr. Speaker, I yield myself such time as I might consume.
  It is awkward and embarrassing to stand on this floor to discuss 
something described as a Jobs for America bill.
  Fortunately, we Democrats don't have to expend too much energy 
because of the lack of credibility that the majority party has with any 
type of legislation designed to help those people who are without 
employment.
  The irony of this whole thing is that our distinguished chairman 
spent hours, days, weeks, and months putting together a tax reform bill 
that, even though it could be challenged in parts, all tax writers and 
people who respect the necessity of reforming the Tax Code lauded him 
for the work, the fairness, and, most of all, the lack of partisanship 
that went into that bill.
  Indeed, many of the provisions that are in this bill that could 
better be described as an opportunity for corporates to avoid paying 
taxes, many of those provisions in this bill were repealed in the 
chairman's bill that he presented to the Congress to be considered for 
reform.
  Let me strike that from the record. He did not bring it to the floor 
for it to be considered for anything. It was a strong political 
statement that he knew the majority of his party would not support.
  Having said that, it was a fine piece of legislation that gained 
support by eliminating the very same violations of equity and fair play 
that are now in this bill.
  $500 billion tab. $500 billion cost, not paid for, not a promise to 
pay for. And half of this is to make permanent the extension of bonus 
appreciation, which all economists, including those in the 
Congressional Research Service, say that in order to be effective, it 
should not be made permanent.
  In any event, I think, as we go home, we should recognize that there 
will be opportunity when we come back to really get together and have 
an effective bill.
  To do this, the Republican majority should not bring to the floor 
bills that have passed the House and been rejected already by the 
Senate, but should sit down with the administration, with the Senate, 
with the minority in the House and work out something that is for the 
good of all Americans.
  This happened yesterday, where we had honest, serious disagreements. 
But at the same time, we came together as a Congress in the House at 
least on what is good for the country.
  So, quite frankly, I don't think I will be using all of my time 
because what is before the House today is not a jobs bill but a public 
relations piece of political advertisement.
  I reserve the balance of my time.
  Mr. CAMP. Mr. Speaker, I yield 2 minutes to the gentleman from 
Virginia (Mr. Goodlatte), the distinguished chairman of the Judiciary 
Committee.
  Mr. GOODLATTE. Mr. Speaker, I thank the chairman for yielding, and I 
very much appreciate his leadership on this issue.
  In every State across this country, and most certainly in the 
Commonwealth of Virginia, there are folks still looking for good full-
time jobs and businesses who want to hire them but can't for fear of 
government imposed regulations that increase expenses.
  The administration's tax, regulate, and spend response to this 
problem hasn't worked, and it is incumbent upon us to enact necessary 
reforms to restore the American economy.

[[Page H7809]]

  The legislation we consider today includes many provisions to combat 
excessive regulations that have already been passed by the House of 
Representatives and await action in the Senate, which has been moribund 
in dealing with a whole host of issues that are sitting over there on 
the majority leader's desk, including provisions to restore the 40-hour 
workweek, to permanently ban taxation of Internet access, to prevent 
secret settlement deals between Federal bureaucrats and pro-regulatory 
plaintiffs in lawsuits, to require bureaucrats to consider the cost of 
regulations to small businesses, to require agencies to adopt the least 
costly method of implementing the law, and to require Federal agencies 
to submit major regulations to Congress for approval. We know these 
provisions will help spur our economy and create jobs.
  America's labor force participation rate has essentially remained 
stagnant for the past several months and job creation and economic 
growth continue to fall short of what is needed to produce a real and 
durable recovery in our country. It is imperative that we again take 
action to pass these commonsense reforms, return discouraged workers to 
full-time jobs, and restore America to prosperity.
  I urge the Senate to stop stalling and to join us in this effort.
  Mr. RANGEL. Mr. Speaker, I yield myself such time as I may consume.
  If we were serious about passing a bill that has been rehashed in 
this House and no action has been taken upon it, common sense and 
reason would dictate that we would work with the Democrats, work with 
the Senate, and work with the President to get one passed.
  This bill transcends over eight or nine different legislative 
committees, and the ranking member--one who has so much jurisdiction 
over this issue--would share with the House and the country what parts 
of this bill she believes would create jobs, if any part.
  Mr. Speaker, I yield 3 minutes to the distinguished gentlewoman from 
California (Ms. Waters).
  Ms. WATERS. Mr. Speaker, I thank Mr. Rangel for yielding.
  Mr. Speaker, I rise to oppose H.R. 4, the so-called Jobs for America 
Act.
  Six years ago this week marked the collapse of Lehman Brothers. That 
bankruptcy on Wall Street quickly spread across our country, bringing 
small business lending to a halt, causing a devastating number of 
foreclosures, and pushing far too many of our fellow Americans into 
personal bankruptcy.
  In the wake of this devastation, Democrats in Congress worked 
diligently to put in place serious and comprehensive safeguards to 
prevent another collapse. And, today, my Republican colleagues continue 
their hard work to thwart that effort and roll back meaningful reform.
  Indeed, this bill, H.R. 4, places significant additional 
administrative hurdles on our Federal regulatory agencies, particularly 
on our independent financial regulators, like the Securities and 
Exchange Commission and the Commodity Futures Trading Commission.
  Certain provisions of this bill would impose requirements on our 
financial regulators to conduct onerous cost-benefit analysis, to 
submit their rules for review to the Office of Management and Budget, 
and to delay effectiveness of major rules until Congress enacts an 
unprecedented joint resolution.
  Not only would these provisions limit the independence of our Wall 
Street sheriffs, it would also tie up their already insufficient 
resources and put them at even greater risk of litigation for every 
rule. In fact, this bill would create a constitutional crisis by 
allowing the ``do-nothing'' Republican Congress to intervene in the 
actions of our executive branch, which is diligently trying to 
implement critical portions of the Wall Street Reform Act.
  The effect of this legislative effort would be to grind to a halt all 
meaningful regulation on everything from payday loans to mortgage 
services to the types of risky trading that caused the 2008 crisis. 
And, ironically, it would stop JOBS Act implementation dead in its 
tracks. Worst, this comes at a time when House Republicans want to hold 
funding for our financial regulators flat, despite their new 
responsibilities, the increase in the number of entities they oversee, 
and the growth in the complexity and size of U.S. financial markets.
  With our economy still recovering from the $14 trillion financial 
crisis, we simply cannot, under the guise of so-called ``job 
creation,'' afford to destroy crucial reforms and hamstring our 
financial regulators.
  I enter the following letter of opposition from Public Citizen into 
the Record.

                                               Public Citizen,

                                                    Washington, DC

A Vote for the ``Jobs for America Act'' Is a Vote Against Public Health 
                               and Safety

       Republicans will have you believe that a vote for H.R. 4, 
     the ``Jobs for America Act,'' is not a vote against clean air 
     and water, against food safety, against safe consumer 
     products, against safe workplaces, and against a stable 
     financial system less prone to excessive risk-taking. But 
     that is false. The Impact of the ``Jobs for America'' Act is 
     clear and simple: it will lead to more polluted air and 
     water, more dangerous workplaces, more tainted and 
     contaminated food, more dangerous workplaces, and a 
     deregulated Wall Street allowed to gamble our economy into 
     the next financial crash. By taking regulators ``off the 
     beat'' and preventing them from updating and modernizing 
     basic health and safety protections, the public is once again 
     dependent on Big Business to ``self-regulate.'' Our public 
     has seen the disastrous impact of letting industry regulate 
     itself whether it's the BP Gulf Oil Spill, the West Virginia 
     Chemical Spill, The Upper Big Branch Mine explosion, oil 
     train derailment explosions, or the Wall Street financial 
     meltdown. The solution is not to make our public even more 
     vulnerable to deregulatory disasters that put Americans in 
     harm's way and damage our economy as the ``Jobs for America 
     Act'' would do.


                   The enormous costs of deregulation

       a. West Virginia Chemical Spill: those who were hurt by the 
     damage caused by the spill are claiming 160 million in 
     damages from the spill. These include small businesses in 
     Charleston who were forced to shut down for days and the many 
     thousands of residents who were forced to buy bottled water 
     because of the severe water contamination. http://
www.insurancejournalcom/news/southeast/2014/08/12/337282.htm
       b. Lake Erie Algae Bloom: a half million Ohio residents 
     were forced to buy bottled water because their water had 
     become so badly contaminated from algae. In 2008, the 
     government estimated algae blooms resulted in 82 million 
     dollars annually in economic damages: http://
www.cop.noaa.gov/stressors/extremeevents/hab/current/
 econimpact 08.pdf the damage to Lake Erie can be directly 
     traced to successful attempts to roll back the Clean Water 
     Act by special interests. http://www.foodandwaterwatch.org/
blogs/the-toledo-water-crisis-wont-be-the-last/
 c. Oil Freight Train Explosions: Trains carrying highly 
     explosive crude oil are traveling through communities every 
     day without most of those communities even aware of the 
     threat. A massive oil train derailment and explosion in 
     Canada killed 47 people and will cost 2.7 billion in economic 
     damages over the next decade. http://bangordailynews.com/
2014/04/17/news/state/after-end-of-the-world-explosion-
Quebec-town-tries-to-find-hope/
 d. Preventable Workplace Deaths and Injuries: Every day, an 
     average of 150 workers die from job injuries or occupational 
     diseases. Every year, the lack of effective workplace safety 
     protections costs our country 250 billion to 330 billion in 
     injuries and illnesses. http://www.aflcio.org/content/
download/126621/34645631/DOTJ2014.pdf
       e. Climate Inaction: Blocking or delaying new carbon 
     emission rules from the EPA and other climate change measures 
     will cost our country up to 150 billion dollars annually in 
     economic damage in the future. http://fortune.com/2014/07/29/
white-house-in-action-on-climate-costs-150-billion-a-year/
 f. BP Oil Spill: This massive environmental disaster in the 
     Gulf ended up costing more than 42 billion dollars. The oil 
     spill harmed thousands of Gulf Coast residents and destroyed 
     many local small businesses. BP has now been found ``grossly 
     negligent'' in causing the disaster and faces up to 18 
     billion in fines, some of which will go to Gulf Coast 
     restoration projects. http://www.edf.org/blog/2014/09/05/bp-
oil-spill-ruling-could-jumpstart-gulf-coast-restoration-work
       g. 2008 Wall Street Crash: The rampant deregulation that 
     led to the crash cost our economy anywhere from 6 trillion to 
     14 trillion dollars or 50,000 to 120,000 for every US 
     household. In addition, 8.7 million Americans lost their jobs 
     during or immediately following the crisis. http://
ourfinancialsecurity.org/blogs/wp-content/
ourfinancialsecurity.org/uploads/2012/09/Costs-of-The-
Financial-Crisis-September-20142.pdf


       The ``Jobs for America Act'' will not create a single job

       The bill trades on the fallacy that deregulation leads to 
     job growth by freeing up capital to invest in labor. There is 
     simply no neutral, non-partisan empirical evidence to back 
     this up. In fact, journalists and academics who have 
     thoroughly studied this claim have concluded that regulations 
     have no overall effect on job growth. The claim that 
     regulations kill jobs is the very definition of a baseless 
     and fabricated talking point.
       A thorough investigative report by the Washington Post 
     concluded that regulations

[[Page H7810]]

     have no effect on jobs (highlights below): http://
www.washingtonpost.com/business/economy/does-government-
regulation-really-kill-jobs-economists-say-overall-effect-
 minimal/2011/10/19/gIQALRF5IN story.html.
       Conservative thinker Richard Morganstern (Resources for the 
     Future): ``Based on the available literature, there's not 
     much evidence that EPA regulations are causing major job 
     losses or major job gains.''
       Mike Morris, CEO of AEP, one of America's largest coal-
     based utilities even admitted EPA regulations will create 
     jobs: ``We have to hire plumbers, electricians, painters, 
     folks who do that kind of work when you retrofit a plant'' 
     Morris said. ``Jobs are created in the process--no question 
     about that.''
       A recent and exhaustive exploration of the ``job-killing 
     regulation'' claim by Academics from across the political 
     spectrum concluded that regulations have no net impact on 
     jobs: http://www.upenn.edu/pennpress/book/15183.html
        The editors of ``Does Regulation Kill Jobs?'' Cary 
     Coglianese and Christopher Corrigan conclude: ``the empirical 
     work suggests that regulation plays relatively little role in 
     affecting the aggregate number of jobs in the United 
     States.''


          Big business ``job-killing'' claims are always wrong

       Big Business groups have been making hyperbolic claims 
     about regulations killing jobs for decades and it never comes 
     true. Not only is this talking point patently false, but it 
     also never dies despite being proven wrong every time. The 
     following examples are from Public Citizen's recent report, 
     ``It's an Outrage: Regulations are Entirely to Blame for 
     Unemployment and a Leading Cause of Death, According to 
     Industry and Allies'' http://www.citizen.org/documents/
regulations-are-to-blame-unemployment-death-report.pdf
       1974: OSHA bans the carcinogenic vinyl chloride. The 
     plastics industry claimed that the OSHA regulation would kill 
     2.2 million jobs. Those claims were proven completely false 
     and a new way manufacture vinyl chloride was developed within 
     a year without any jobs lost.
       1975: NHTSA increases fuel efficiency standard. Industry 
     reports warned of 1.5 million jobs lost. By 1985, auto makers 
     had met the higher standard without losing any jobs.
       1990: EPA sets new pollution standards under the Clean Air 
     Act. In response the Business Roundtable (BRT) and National 
     Federation of Independent Business (NFIB) responded with 
     doomsday hysterics, claiming up to 2 million jobs would be 
     lost. Those were proven entirely wrong. Instead, according to 
     the Investor's Business Daily, ``Pollution has been falling 
     across the board for decades, even while the nation's 
     population and economy have expand
       1995: EPA removes lead from gasoline. A Monsanto official 
     testified to Congress that the regulation would cost up to 43 
     million jobs. The removal of lead is now considered one of 
     the biggest public health success stories while gas prices 
     did not dramatically increase and no jobs were lost.


  The new industry-funded study on regulations doesn't pass the laugh 
                                  test

       The study just released by the National Association of 
     Manufacturers (NAM) is not worth the paper it is printed on. 
     NAM turned to discredited economists whose last study was so 
     poorly done and inaccurate that it was roundly criticized by 
     observers in bipartisan fashion, including by the CRS, 
     Republican economists, and then OIRA Administrator Cass 
     Sunstein. The study brought so much negative attention that 
     the agency which commissioned it, the Small Business 
     Administration, had to formally and publicly disavow it.
       Business Media Push Industry-Funded Study On Federal 
     Regulations Experts Call ``Bogus'': Reuters and CNBC 
     uncritically promoted a new report claiming that government 
     regulations cost the economy over $2 trillion each year, 
     ignoring any benefits of regulation. But the study uses the 
     same flawed methodology as an earlier report by the same 
     authors that was so widely panned that even the organization 
     that commissioned it distanced itself from it. http://
mediamatters.org/research/2014/09/11/business-media-push-
industry-funded-study-on-fe/200732
       NAM's ``Cost of Regulations'' Estimate: An Exercise in How 
     Not to Do Convincing Empirics: The bulk of these costs (75 
     percent) are estimated using a cross-country regression 
     analysis. This cross-country analysis, however, is completely 
     unconvincing and should be ignored. http://www.epi.org/
bloginams-cost-regulations-estimate-exercise/


 The ``Jobs for America Act'' is a Broken Record

       The ``Jobs for America Act'' is just a re-packaging of the 
     same old and tired legislation that the House has already 
     passed. Each of these bills, if enacted, will significantly 
     exacerbate the current problems in our regulatory system. 
     Collectively, these bills amount to a virtual shutdown of our 
     system of public protections by blocking federal agencies 
     from responding to public health and safety crises and 
     putting forth strong new safeguards to prevent the next one.
       1. Regulations from the Executive in Need of Scrutiny Act 
     (REINS, HR): This bill is a blatant power grab by the House 
     GOP. Requiring Congressional approval of regulations before 
     they take effect means, in practical terms, that the House 
     GOP can unilaterally veto any regulation it opposes. Even 
     Congressional inaction would kill a regulation. This is a 
     recipe for extending the same paralysis and dysfunction that 
     has plagued our lawmaking process to the regulatory process.
       2. Regulatory Accountability Act (RAA, H.R. 2122): This 
     bill would re-write dozens of critical public health and 
     safety laws, including the Clean Air Act, to require agencies 
     to choose safety standards not based on whether they are the 
     most effective but on whether they are the least burdensome 
     to regulated special interests. This bill is a backdoor way 
     of gutting laws that the GOP knows are too politically 
     popular to overturn directly.
       3. Regulatory Flexibility Improvements Act (RFIA, H.R. 
     2542): This bill is a small business bill in name only. It 
     does nothing to help small businesses directly. Instead, it 
     would delay or block rules that in many instances 
     disproportionately impact Big Business. For example, the bill 
     requires agencies to consider the ``indirect'' effects of 
     their rules on small businesses without ever defining what 
     constitutes an ``indirect'' effect. Ordering an agency to 
     discern all indirect economic impacts of any rule, however 
     small, is akin to ordering a meteorologist to discern the 
     effects on Washington, D.C. weather of a butterfly flapping 
     its wings in Japan. Even worse, agencies could be sued by 
     industry for not complying with this wholly undefined 
     mandate. Agencies will be forced to waste precious time and 
     resources looking for small business impacts where there 
     clearly are none. In the meantime, lives could be lost and 
     people could be needlessly injured.
       4. Unfunded Mandates Reform Act (UMRA, H.R. 899): Once 
     again, this legislation forces agencies to pick the least 
     costly rule to industry, rather than the rule that is most 
     effective at keeping the public safe. It also undermines the 
     independence of important agencies that are working to put 
     new Wall Street reforms and product safety standards in 
     place. Ironically, the new mandates in this bill do not come 
     with any additional funding for agencies, making them the 
     very definition of ``unfunded mandates.''
       5. The Sunshine for Regulatory Decrees and Settlements Act 
     (H.R. 1493): This legislation targets citizen suits aimed at 
     spurring agencies to move forward with overdue and 
     congressionally mandated protections. Consent decrees and 
     settlement agreements have long been an effective tool to 
     provide citizens and the courts with a means of ensuring that 
     Congressional mandates are implemented, whether they are new 
     environmental safety standards or civil rights and 
     antidiscrimination measures. This bill would force them to 
     run a gauntlet of burdensome, time-consuming, and redundant 
     procedures--furthering slowing agency action. This bill would 
     weaken the power of citizens to ensure agencies follow the 
     law--and waste government resources in the process.
       6. The All Economic Regulations are Transparent (``ALERT'') 
     Act (H.R. 2804): This legislation would add a blanket six-
     month delay to most rules essential to protecting the health, 
     safety, and welfare of the American public. When the norm is 
     federal agencies missing Congressional and legal deadlines 
     for new public protections, rather than meeting or beating 
     deadlines, the last thing our public needs is more delays.


                              Bottom Line

       A vote for H.R. 4, the ``Jobs for America Act,'' is a vote 
     against life-saving public health and safety standards and 
     will put American lives at risk without creating any jobs. We 
     need stronger public protections, not a weaker system of 
     safeguards. We need better enforcement of health and safety 
     and environmental rules, not more needless delays.
       We urge you in the strongest terms to vote against the 
     ``Jobs for America Act.''

  Mr. CAMP. Mr. Speaker, at this time, I yield 3 minutes to the 
gentleman from Washington (Mr. Hastings), the gentleman from the 
Natural Resources Committee.
  Mr. HASTINGS of Washington. Mr. Speaker, I want to thank my friend, 
Mr. Camp, the chairman of the Ways and Means Committee, for yielding me 
the time.
  Mr. Speaker, this jobs package includes important legislation, H.R. 
1526, the Restoring Healthy Forests for Healthy Communities Act, which 
passed the House almost 1 year ago today. It is a long-term sustainable 
solution to put Americans back to work, restore forest health, and 
prevent wildfires.
  Our national forests, unless otherwise designated, should be open for 
multiple uses for everything from recreation to job-creating economic 
activities. Instead, Mr. Speaker, due to onerous Federal regulations 
and litigation, our Federal forests have increasingly been shut down.
  Mr. Speaker, timber harvests have dropped by 80 percent in the last 
30 years. We have seen catastrophic wildfires destroy our Federal 
forests. We have seen loggers, mill workers, and truck drivers put out 
of work, and we have seen rural communities turned into ghost towns.
  It is long past time for the Senate to join with the House to provide 
better

[[Page H7811]]

stewardship over our Federal forest lands. It is disappointing and, 
frankly, unacceptable that a year later the Senate is still sitting on 
the sidelines. Meanwhile, rural communities continue to suffer.
  This legislation requires responsible timber production on at least 
one half of the Federal Forest Service's non-environmentally sensitive 
timber lands.

                              {time}  1430

  By restoring active forest management, this bill will create over 
200,000 direct and indirect jobs. It also maintains and strengthens the 
historic sharing of timber receipts with local counties which is 
essential, given the upcoming expiration of the Secure Rural Schools 
program.
  Instead of having to pay for wildfire suppression, this bill would 
allow us to reap the benefits of a responsible timber harvest that 
reduces wildfire threats to our communities.
  Mr. Speaker, Congress must act to restore the promise that the 
Federal Government made over a century ago to actively manage our 
forests and create jobs for the benefit of rural communities. Today, 
the House is, once again, living up to this promise. We hope that the 
Senate will join us and support this commonsense reform of Federal 
forest management.
  Mr. RANGEL. Mr. Speaker, I yield myself such time as I may consume.
  Certainly, we all will be getting a lot of mail from the logging 
companies asking for this legislation in order to create jobs. I wish 
included in this package would have been the earned income tax credit, 
a bill that keeps people who work hard each and every day out of 
poverty by subsidizing their wages, but that is too much like creating 
jobs, and it is not in this package.
  I yield 3 minutes to the gentleman from Georgia (Mr. Johnson), a 
distinguished and articulate Member who serves on the Judiciary 
Committee and has a ranking position on the subcommittee that has 
jurisdiction over part of this bill.
  Mr. JOHNSON of Georgia. I thank the gentleman from New York.
  Mr. Speaker, I rise in strong opposition to H.R. 4, the so-called 
Jobs for America Act. It brings to mind occasions where, as a youth, my 
sister and I would go to my uncle's house in Cleveland. My uncle's wife 
would prepare a lot of food, and we would sit down and eat. The food 
would taste terrible. We had a couple of more days to be there, and so 
we hoped for the best. The next day, when we sat down at dinner, we had 
leftovers.
  This is what this bill reminds me of. It is a package of anti-
consumer, anti-safety, anti-environment bills that the House has 
already passed. This omnibus legislation is emblematic of a Republican 
Party that lacks vision or direction for Americans that demand 
cooperation and leadership.
  This bill smacks of a new Republican leadership that is still on 
training wheels, unable to work across the aisle to deliver real 
solutions to grow the economy and create jobs; but what is new from a 
Republican Party that voted dozens and dozens of time to defund and 
defeat the Affordable Care Act, the same law that is helping American 
families by keeping millions of young people--be they recent college 
graduates looking for their first job or students still in school--on 
their parents' insurance and out of a cycle of unpayable medical debt?
  Well, Mr. Speaker, it is time for the training wheels to come off so 
that this Chamber can, once again, do the work of the American people.
  There is a clear, unmistakable thirst in our country for cooperation, 
bipartisan solutions, and getting things done. The American people look 
to the House of Representatives for leadership, not one-sided messaging 
bills that this Chamber has already warmed up, served yesterday--it was 
bad--and, today, we are eating the leftovers.
  This Chamber has already considered and passed these bills, and they 
have no chance, no hope, of becoming law. The so-called Jobs for 
America Act includes a number of dangerous bills straight from the wish 
list of industrial polluters and unsafe manufacturers. This legislation 
will not create a single job.
  It exists only to minimize corporate accountability while maximizing 
the likelihood of dangerous, unsafe conditions in our homes, vehicles, 
workplaces, and throughout the environment.
  It is time to work together to forge real solutions, Mr. Speaker, not 
the same dangerous legislation that this Chamber has already passed.
  Mr. CAMP. Mr. Speaker, I yield 3 minutes to the gentleman from 
Pennsylvania (Mr. Kelly), a distinguished member of the Ways and Means 
Committee.
  Mr. KELLY of Pennsylvania. I thank the chairman for his great work.
  Mr. Speaker, I rise in strong support of H.R. 4, and I will tell you 
why: the world is looking for the next great, emerging economy, and you 
know where it is? It is right here. It is us. It sits here, in this 
country.
  We talk about the American people. What are they tired of? They are 
tired of political talk and not policy change that will get them back 
to work.
  This morning, Mr. Speaker, 92 million Americans woke up and decided 
they weren't even going to go look for a job today because there is no 
hope in finding a job today. That is 92 million Americans.
  Now, I don't know if they vote Republican. I don't know if they vote 
Democrat. I think they are getting to the point where they don't want 
to vote for either side because all they are asking is: work together 
to fix America.
  The President of Ukraine came to the United States today to ask for 
help. He didn't go anywhere else in the world. He came here. Why did he 
come to the United States? Why did he come to America? Why, for 
centuries, have people come to America? For opportunity, for jobs, and 
to make their life better.
  We sit and debate a jobs package, and we want to talk about politics. 
We don't want to talk about the policy of it; we don't want to talk 
about the opportunity that this country has always presented. Are you 
kidding me?
  If there is dysfunction, it is in the Senate, where 360 pieces of 
legislation are on a table because one man stands in the way of this 
legislation, and it is the leader of the Senate.
  If the American people--and I am not talking about Republicans or 
Democrats, I am talking about the American people--are to see what 
actually takes place in this great House, where so much policy has been 
driven in the past--please, get away from the politics; we are sick of 
it as a people.
  The opportunity is off the charts. A new day is dawning. The only 
thing holding it back right now is the cloud cover that comes from 
Washington, D.C., where we refuse to create opportunity and, instead, 
create anger and we create dissatisfaction and we create confusion.
  The American people sit back and say, ``Why me? Why now? Why here?'' 
That is the great question, ``Why?'' Does a reelection mean more than 
the redirection of this country?
  After 6 years of waiting to see this great country emerge again with 
all the assets that we have been given--and they are gifts from God, 
but we haven't capitalized on them--the American people want something 
done.
  This is a package of jobs bills, my friends. This gets America back 
to work, my friends. This makes America great again. This makes us who 
we are. This is the very fabric of who this country has always been, 
the greatest Nation in the world, always a defender of personal 
freedoms and liberty, but we can only do it when we have a dynamic and 
robust company.
  It is time to stop talking politics and start talking policy. It is 
time to get America back to work. A new day is dawning, a new 
opportunity is waiting for us, and the greatest emerging economy the 
world has ever seen is sitting right here within our borders, and the 
only thing it is looking for right now is dynamic leadership and 
direction.
  Mr. RANGEL. Mr. Speaker, I yield myself such time as I may consume.
  I want to thank the gentleman from Pennsylvania, my friend, who 
eloquently mentioned how the Congress should and could be working more 
closely together. Again, I say that yesterday proved it.
  I am certain that the eloquent gentleman from Pennsylvania would have 
to agree that, if we were passing bills in the House and they were not 
going anywhere, any legislator would have to find out why.
  It would seem to me that we would go to the minority party, we would 
ask

[[Page H7812]]

to sit down with the Senate, we would work with the Department of Labor 
and the administration, and we would do that just before we were going 
home to attempt to get reelected.
  I don't challenge the sincerity of the gentleman from Pennsylvania, 
but just bringing in bills that you know are not going to pass the 
Senate, bringing in bills the administration has already said that they 
would veto is not the way to success. It may be a good political 
statement, but it is certainly not the way to pass legislation.
  I have the great honor to yield 3 minutes to the gentleman from 
Maryland (Mr. Cummings), who has distinguished himself nationally in 
terms of being a legislator with a heart and common sense.
  He is the ranking member of the Oversight Committee, that has 
attempted to show the entire country exactly what is going on and not 
going on in the Congress. I look forward to his eloquent remarks on 
this sensitive, important subject.
  Mr. CUMMINGS. Mr. Speaker, I rise in opposition to H.R. 4. The 
special interest bills that make up this package have all passed the 
House before and went nowhere in the Senate. This is not just a waste 
of time, it is a waste of taxpayer money. Americans work hard for their 
money, and here we are wasting time, and everybody knows that.
  This legislation is simply a gimmick. It hurts me to even say that, 
but it is, in fact, a gimmick. The Republican leadership in the House 
cannot fool the American people by passing the same bad bills over and 
over again.
  Just because Republican leadership has slapped the word ``jobs'' on 
this bill does not change the fact that the bill will not create jobs, 
and they know that. We each represent 700,000 people. Those people have 
sent us here with the mission of making their lives better.
  The legislation we are considering today will not help the people we 
represent. This bill would help big corporations.
  Let me give you an example. Under this legislation, private companies 
would have the ability to weigh in on agency rulemakings before 
individual citizens and most other stakeholders. That means that oil 
companies could weigh in on drilling regulations before the American 
public even gets a chance to submit comments.
  Another section of the bill would explicitly prohibit the Office of 
Information and Regulatory Affairs from taking into account benefits 
when providing total cost estimates for proposed and final rules as 
required by the bill.
  The bill also contains numerous provisions to degrade the regulatory 
process and make it nearly impossible for agencies to take actions that 
protect our health, our safety, our air, our water, our food, and our 
environment.
  This is a terrible piece of legislation, and I urge my colleagues to 
vote against it.
  Mr. CAMP. Mr. Speaker, I yield 2 minutes to the distinguished 
gentleman from Illinois (Mr. Rodney Davis).
  Mr. RODNEY DAVIS of Illinois. Thank you, Mr. Chairman, for your 
service in this great institution.
  Mr. Speaker, we are here debating this jobs package because our 
economy is stagnant. Our unemployment rate hasn't fallen below 6 
percent since this President took office 6 years ago.
  Although growing the economy may not remain a number one priority for 
the Senate, it may not remain a number one priority for the President, 
I assure you it is for millions of Americans who can't find a job or 
who continue to look for that job promotion or who feel their paycheck 
isn't going as far as it should.
  My bill, the Hire More Heroes Act, is not a waste of our time, is not 
a waste of taxpayer dollars, and it overwhelmingly passed this House 
with only one ``no'' vote. You can't get much more bipartisan than 
that, Mr. Speaker.
  It is part of this jobs package because the Senate has yet to take up 
this bipartisan bill that would help our veterans. This bill will help 
incentivize small businesses to hire more of our heroes. It takes away 
a punitive punishment in ObamaCare.
  We have been told that we can't change ObamaCare, but this bill does, 
and it does it because any veteran who gets their health care through 
the VA or TRICARE wouldn't count toward a small business' 50-employee 
limit which would, in turn, incentivize small businesses who create the 
jobs in this country to hire more of our veterans.
  That is not a waste of taxpayer dollars. That is not a waste of time. 
Frankly, we need to do what we can to stop what ObamaCare has been 
doing to small businesses and disincentivizing them from hiring more 
people and, therefore, lowering our unemployment rate.
  This jobs package is crucial. This jobs package is something that we 
in this House should continue to push. I would urge my colleagues on 
the other side of the aisle to make sure that they call their 
colleagues in the Senate and say, ``Pass this bill.''

                              {time}  1445

  Pass this bill. Do what is right. Help our veterans. Help Americans 
find jobs.
  Mr. RANGEL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would not suggest to the distinguished gentleman from 
Illinois what he should be doing as a part of the majority, but if I 
had a bill as good as the one that he had, I certainly would not allow 
it to be included in this piece of political legislation. Because it 
would serve the veterans of this great country, I would say, give me a 
break and let the House and the Senate and the President give this 
legislation a chance.
  But I am not in the majority, and I respect that you are doing the 
best you can with what you have to work with, and I respect you for 
that.
  Mr. Speaker, I yield 3 minutes to the gentleman from Maryland (Mr. 
Van Hollen), who is the ranking member of the Budget Committee.
  Most Americans know, like with our family, he has the responsibility 
to suggest to this august body exactly how much we are spending, how 
much we owe, and which is the best way to bring some balance to it, and 
I am so proud to be able to serve with him.
  Mr. VAN HOLLEN. Mr. Speaker, I thank my good friend from New York for 
all his good work on these issues.
  Just to underscore what he said with respect to Mr. Davis' proposal, 
we would love to have that proposal on veterans come before the floor 
as a stand-alone bill. Of course it has been wrapped into a much larger 
package that has nothing to do with jobs and everything to do with 
rewarding special interests at the expense of middle class families and 
taxpayers. It is a continuation of the failed strategy that responds to 
every economic challenge with more tax breaks to corporations and more 
breaks to folks at the very top of the economic ladder, the old, failed 
trickle-down theory of economics.
  There is nothing to raise the minimum wage, nothing to achieve pay 
equity for women, nothing to invest in America's infrastructure or our 
education system. Instead, it is a collection of tax cuts that together 
would add $572 million to the deficit over the next 10 years--no 
attempt to offset that cost.
  That is a lot of work in one afternoon, to add over half a trillion 
dollars to the deficit, totally in violation of the Republican budget 
that was brought to the floor.
  Nor is this a bill that attempts to reform the Tax Code. I have great 
respect for the chairman of the Ways and Means Committee, and he did a 
credible effort in coming up with a reform plan. It wasn't perfect, 
lots of things that a lot of people don't like, but it was a credible 
effort.
  This bill takes us in the opposite direction. When the chairman 
introduced that bill, the Speaker of this House ran away faster than 
anybody else from that proposal, and this proposal runs away from it as 
well.
  Let me give you one example. The reform bill that was proposed by Mr. 
Camp repealed bonus depreciation. This bill adds $270 billion to the 
deficit by making bonus depreciation permanent.
  Mr. Camp's proposal was revenue-neutral in the first 10 years. This 
one adds over half a trillion dollars to the deficit, and it doesn't 
close a single corporate tax loophole.
  Look, if we are going to provide over a half a trillion dollars in 
tax breaks to large corporations, you would think that our Republican 
colleagues would at least deal with the issue of inversions, this sweep 
we see toward more and more corporations changing their

[[Page H7813]]

address offshore to avoid their tax obligations to the American people. 
But, no, nothing to deal with inversions. In fact, this bill rewards a 
number of companies that have recently engaged in inversions.
  I want to call attention to section 701 of the bill because it says a 
lot about the priorities reflected on the floor today. That section 
repeals the excise tax paid by medical device companies that was put in 
place to help finance health care reform.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. RANGEL. I yield the gentleman from Maryland 30 more seconds.
  Mr. VAN HOLLEN. So it repeals that--no effort to replace that. So it 
adds $26 billion to the deficit, just that provision. Not only that, 
but it repeals it going forward, and it also gives a rebate going 
backwards. So a company, Medtronic, which is right now moving its tax 
address overseas to avoid its tax obligations to the American people, 
is going to get a $200 million plus interest tax bonus.
  So here is this bill in a nutshell: do nothing to boost the middle 
class.
  The SPEAKER pro tempore. The time of the gentleman has again expired.
  Mr. RANGEL. I yield the gentleman as much time as he may consume to 
close.
  Mr. VAN HOLLEN. So just to wrap this up, because I hope people will 
focus on this, the bottom-line message of this is: sorry to see you 
leave our shores, but you know what? As a good-bye present, we are 
going to hand you $200 million in tax breaks.
  That sums up the problems with this bill, Mr. Speaker. I urge my 
colleagues to vote ``no.''
  Mr. CAMP. Mr. Speaker, I yield myself such time as I may consume.
  I would just say my friend from Maryland mentioned the Hire Our 
Heroes Act. That received virtually every Democrat vote and Republican 
vote on the floor but one. I certainly trust that the gentleman from 
Maryland has urged his two Democrat Senators in the Senate to take this 
bill up and pass it. It has been sitting in the Senate. It is blocked.
  Certainly, we don't think those who fight for our country should be 
penalized when they come back to the United States in terms of getting 
their health care. This would certainly help tremendously, and it is 
something that has received large bipartisan support.
  Every one of these provisions help create jobs, and certainly all of 
them have bipartisan support:
  R&D, the research and development credit, 62 Democrat votes;
  Section 179, extending, 53 Democrat votes;
  The S corporation reform, 42 Democrat votes;
  Bonus depreciation, 34 Democrat votes;
  Repealing the 30-hour work week rule, 18 Democrat votes.
  All of these have bipartisan support. They are all sitting in the 
Senate.
  I heard the gentleman say maybe nothing is being done. Well, I would 
submit, my friends on the other side, other than voting for these 
bills, have done nothing to urge their colleagues who have the majority 
in the Senate to move something that will actually get people back to 
work and really bring the American Dream back in reach for millions of 
Americans, and it isn't now.
  Mr. Speaker, I yield 2 minutes to the distinguished gentleman from 
Georgia (Mr. Kingston).
  Mr. KINGSTON. Mr. Speaker, I thank the gentleman for yielding.
  And I wanted to also say, the gentleman from Maryland talked about a 
company, and I am not familiar with this company, but a company that is 
moving out of America because of our burdensome Tax Code. Does that not 
prove the point that we need tax reform as championed by Mr. Camp, the 
chairman of the Ways and Means Committee?

  We need a Tax Code that is competitive. This company is probably 
leaving to get away from a burdensome, complicated tax system that is 
killing jobs. Those jobs are going overseas. They need to stay in 
America.
  Mr. Speaker, to create jobs, we have to have a Tax Code that is 
clear, fair, concise, one that creates jobs. But we also need a 
regulatory burden that does the same thing: one that is clear; one that 
is concise; one that uses cost-benefit analysis.
  I can't understand why there are Members of the House that oppose 
cost-benefit analysis on new regulations. It is a matter of common 
sense, because our regulatory burden, as much as the Tax Code, is 
driving jobs offshore. We don't need that.
  One of the things that was lost in the debate earlier that I find 
just mind-boggling is the ability to fight forest fires, of all things. 
As Smokey the Bear says, ``Only you can prevent forest fires.'' Well, I 
guess towards this administration he is saying, ``Only you can promote 
forest fires through your ridiculous regulatory climate.''
  And then let me say this. To create jobs in America, we need to have 
competitive energy. We need to use American energy resources.
  As somebody who represents four military installations, I know well 
that it is not a matter of cheap and abundant energy for manufacturing 
and traveling and transportation purposes. It is also a matter of 
national security. Because when we depend so heavily on Middle East oil 
and oil from unstable anti-American countries, what we are, in fact, 
doing is funding both sides in the war on terrorism.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. CAMP. I yield the gentleman an additional 1 minute.
  Mr. KINGSTON. We need to develop American energy, and that is what 
this bill does. It is commonsense tax reform, commonsense regulatory 
reform, and commonsense energy reform.
  I am appalled that the United States Senate has not had time to take 
up one of these bills. And, as Mr. Camp just outlined, as a matter of 
public record, the number of Democrats who have supported these pieces 
of legislation, we need to get the Senate moving.
  Mr. RANGEL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, before I yield to the gentleman from Maryland to inform 
the gentleman from Georgia more about these corporations that are 
attempting to flee the United States, I would like to have good news 
for the distinguished chairman of the committee that this veterans bill 
has been so popular on the other side of the Capitol that it appears as 
though it is included in a Senate bill and, as we talk, is actually 
being attacked by the Republican minority on the other side. So, at 
least as relates to the veterans, if we can take it out of this 
hodgepodge that has politically been put together, maybe collectively 
we can do something for our beloved veterans.
  As far as the gentleman from Georgia is concerned, he had a problem 
in identifying the U.S. company that is going to receive a bonus, that 
is fleeing their tax obligation.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Maryland (Mr. Van Hollen) so he can help clarify those issues to 
explain exactly how this provision is costing us.
  Mr. VAN HOLLEN. Mr. Speaker, I thank my friend.
  Look, the Joint Tax Committee has suggested that if we don't deal 
with this problem of corporations changing their tax address to escape 
their responsibilities to the citizens of this country, it will add $20 
billion to the deficit, which taxpayers will have to make up.
  I just want to emphasize the point the gentleman made because Mr. 
Camp has called upon Senate Democrats to vote on the Hire Our Heroes 
bill. In fact, that bill is in the Senate 2-year extender bill in the 
United States Senate, which is currently being blocked and filibustered 
by our Republican Senate colleagues.
  I would also point out that the cost of that bill, which we all 
accept, is $700 million added to the deficit. You are now putting it in 
a package with all sorts of corporate giveaways that doesn't cost $700 
million but, together, costs $573 billion to the deficit, all in an 
afternoon's work.
  Mr. Speaker, this is an irresponsible bill. We should vote ``no.''
  Mr. CAMP. Mr. Speaker, I yield 2 minutes to the gentleman from 
Indiana (Mr. Young), a distinguished member of the Ways and Means 
Committee.
  Mr. YOUNG of Indiana. Mr. Speaker, I rise today to speak in support 
of H.R. 4, the Jobs for America Act.
  The undeniable fact is the U.S. House has passed more than 40 
individual jobs bills, sent them to the Senate, and

[[Page H7814]]

they remain untouched by the Democratic majority leader.
  Many of the jobs proposals included in this broader package, H.R. 4, 
have bipartisan support and include commonsense ideas like extending 
the section 179 tax benefits for small businesses, helping our veterans 
get back to work, and a repeal of the medical device tax.
  Medical device companies, in particular, play an integral role in my 
home State of Indiana and our economy--more than 71,000 jobs and $44 
billion in personal income on account of the industry--and I hear every 
day how this tax has stifled innovation and led to a decrease in jobs 
for my fellow Hoosiers.
  In 2013, 79 Senators, many of them champions of ObamaCare, took a 
symbolic vote to eliminate that tax. I hope that the Democrat-
controlled Senate will move beyond political symbolism--and for many, 
political self-preservation--and vote to repeal this tax on innovation, 
job creation, and patient care.
  Finally, I am pleased that two pieces of legislation which I authored 
are included in H.R. 4. The Save American Workers Act, which is also 
bipartisan, would simply change the definition of full-time employment 
within ObamaCare from 30 hours back to the traditional definition of 40 
hours.

                              {time}  1500

  Now, 40 hours is what everyone agrees is full time, so let's not 
further harm small business employees, school cafeteria workers, 
adjunct university professors, and other hourly workers with this 
arbitrary change in the definition of ``full time.''
  Also included is the REINS Act. This bipartisan bill aims to relieve 
much of the regulatory burden on our Nation's small- and medium-sized 
businesses and on all Americans who benefit from affordable goods and 
services.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. CAMP. I yield the gentleman an additional 1 minute.
  Mr. YOUNG of Indiana. The legislation ensures that, when unelected, 
unaccountable bureaucrats in Washington enact rules and regs that 
impact our economy, these regulations will be voted on by Congress to 
ensure that your elected Representatives are held accountable for the 
laws our constituents are subjected to.
  I respectfully urge the American people to take a very close look at 
H.R. 4 and to demand that the Democratic-controlled Senate bring these 
bills up for consideration so we can enable people to get back to work 
and see their personal incomes grow.
  Mr. RANGEL. Mr. Speaker, I yield 3 minutes to the gentleman from 
Texas (Mr. Doggett), a hardworking gentleman on the Ways and Means 
Committee, one who has been outspoken on all of the issues that concern 
national security as well as the protection of our economy.
  Mr. DOGGETT. I thank the gentleman.
  Mr. Speaker, House Republicans are shutting down this House early 
today, and they are shutting it down with the same happy talk and tax 
cut hocus pocus that they began this Congress with 21 months ago, last 
January.
  That is when Speaker Boehner reserved H. Res. 1 for a form of 
Miracle-Gro. They were going to sprinkle around Miracle-Gro tax cuts--
more special interest tax breaks on everyone--and they would grow money 
faster than it could grow on trees. They have given us so much talk and 
so many press conferences about how they would do away with all of 
these complex special interest provisions that Republicans have spent 
years writing into law for their buddies--into their Tax Code--and we 
would all have brighter smiles and, certainly, fatter wallets. All of 
that joy, all of those wonders, would be accomplished debt free. We 
wouldn't have to borrow another dime from the Chinese or the Saudis or 
from whoever would lend it to us. We would get all that and more with 
their proposal.
  Unfortunately, their old time medicine show started brightly, but it 
fizzled out rather quickly.
  No Democrat stood in the way of their introducing and voting in the 
Ways and Means Committee on a tax cut Miracle-Gro elixir. There is no 
reason they couldn't have brought it out here on the floor on any day 
the Speaker wanted to consider Miracle-Gro. Yet we are here today, 
closing out, and H. Res. 1 says on the Republican Web site that it is 
still reserved for the Speaker, as is most attention to any major issue 
in this country reserved, because these folks don't want to work here 
in Washington. Instead, we get to this sorry bill today that is before 
us that provides more debt, more complexity, and more sweetheart deals.
  When we consider the difficult budget choices, Republicans claim that 
we just don't have enough money. As much as they would like to provide 
full funding for Alzheimer's research, for cancer, for multiple 
sclerosis, for diabetes, for Parkinson's, we just don't have the money. 
We would like to do more to prevent the many forest fires that are 
spreading across the country--wildfires of all types--and provide the 
National Weather Service better funding to deal with the dramatic 
changes in our climate and our weather, but we just don't have the 
money to do that.
  And what about our roads and bridges? We can't figure out a way to 
fund them, even to this time next year, because we just don't have the 
money.
  Yes, we would like each child to be able to accomplish their full, 
God-given potential, but we just can't afford to fund from pre-K to 
post grad. But somehow we can afford more Miracle-Gro today--$500 
billion taken right out of the debt, added to the debt.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. RANGEL. I yield the gentleman an additional 2 minutes.
  Mr. DOGGETT. I am for--and I know the gentleman is for--a pro-growth, 
pro-job creation set of government policies that focus on workforce 
development, on having the research in medicine and technology not only 
to find cures but to produce another round of jobs.
  If we lack the Federal resources to do that, we certainly don't have 
the Federal resources today to hand out one bonus after another, as 
their bill does, to corporations with special interest provisions that 
will ultimately fail our economy.
  This bill that we have does everything that they said their tax 
elixir would not do. It borrows money from many to give money to a few 
who already have the most. This represents the first installment in new 
national debt, a big chunk of the more than $1 trillion that these 
Republicans told us they wouldn't bury us in, but they proposed the 
first big installment today. They continue a Tax Code that is riddled 
with special interest tax preferences and giveaways while making a 
bonus depreciation provision that even failed as a temporary stimulus 
measure.
  The only jobs that this bill is really designed to protect--and the 
reason that it is here right now before they rush to the airport--are 
the jobs of the Republican Members of this House of Representatives, 
and they sure do a good job of trying to accomplish that.
  We ought to reject this package that is motivated solely by a looming 
election for a Republican majority whose biggest contributions to job 
creation in America have cost us dearly. They stand steadfast against 
the proposal that the U.S. Chamber of Commerce and one business group 
after another tells us will grow this economy--that is immigration 
reform--because they can't overcome the Know Nothings within their 
party who stand against the reform that we know would grow so many 
jobs.
  Of course, their major accomplishment that they can point to right 
now out of this Congress was when they put the country on Cruz control, 
and it cost us $24 billion in economic growth. Reject this bill.
  Mr. CAMP. Mr. Speaker, I yield 2 minutes to the distinguished 
gentleman from Virginia (Mr. Hurt).
  Mr. HURT. I thank Chairman Camp for his leadership on this bill. I 
thank Chairman Hensarling for his leadership on the issue that I rise 
to speak about today.
  Mr. Speaker, I rise to support the Jobs for America Act, H.R. 4.
  In Virginia's Fifth District, our district, there are literally 
thousands of jobs that exist because of private equity investments. 
These critical investments allow our small businesses to innovate, 
expand their operations, and create the jobs that our communities need.

[[Page H7815]]

  Unfortunately, Dodd-Frank has placed the costly and unnecessary 
regulatory burden of SEC registration on advisers to private equity 
while exempting advisers to similar investment funds. These 
registration requirements do not improve the stability of our financial 
system, and they restrict the ability of private equity to invest 
capital in small businesses, which would spur job growth.
  Instead of complying with costly SEC registration, private equity 
should be encouraged to focus on investing capital in companies such as 
Virginia Candle, a company in our district that, through private equity 
investment, expanded from a garage in Lynchburg to millions of homes 
across the world.
  That is why I, along with my colleagues Representative Cooper and 
Representative Himes, introduced the Small Business Capital Access and 
Job Preservation Act, a provision of H.R. 4 which previously passed the 
House with bipartisan support.
  Unfortunately, the Senate has failed to consider this and dozens of 
other House-passed jobs bills. At a time when unemployment in 
Virginia's Fifth District is still too high, the Senate needs to join 
us immediately in enacting pro-growth policies to spur job creation for 
our communities.
  I ask my colleagues to join me in supporting H.R. 4 to increase the 
flow of private capital to our small businesses so they can innovate, 
grow, and create jobs for the American people.
  Mr. RANGEL. Mr. Speaker, I yield 3 minutes to the gentleman from 
Wisconsin (Mr. Kind), my friend and a distinguished, eloquent member of 
the Ways and Means Committee.
  Mr. KIND. I thank my friend for yielding me this time.
  Mr. Speaker, I am not quite sure if I have been living in a parallel 
universe over the last few years, but I thought there was genuine 
concern in this body about getting a grip on our budget deficits, about 
trying to get our fiscal house put back in order. Yet here we are, in 
the eleventh hour, before they cut us loose for the fall campaign 
season, and we have another bill pending before this body that costs 
$573 billion--with a B--with not a penny of offset, with not a dime of 
it paid for. Then people wonder where these budget deficits come from.
  What is unfortunate is some of the policy proposals in this 
legislation I actually support. We have got five bills coming out of 
the Ways and Means Committee with some permanent changes to the Tax 
Code that I happen to agree with, whether it is the R&D--research and 
development--tax credit; the 179 expensing; the S Corp Modernization 
bill, which is a bill that I and my friend from Washington State (Mr. 
Reichert) introduced earlier this year to help with the S corporation 
businesses in this country; the bonus depreciation; and the repeal of 
the medical device tax--again, legislation that I and my friend from 
Minnesota, Erik Paulsen, had introduced because we didn't think it was 
a good idea for us to be taxing our domestic medical device 
manufacturers, especially on a pre-revenue basis.
  I always believed that, with these changes being made, they should be 
offset, that they should be paid for. That is the fiscally responsible 
approach to take, and yet we have a $573 billion bill with not one 
offset. This is following on the heels earlier this year of 15 
permanent changes to the Tax Code being reported out of the Ways and 
Means Committee, at a cost approaching $1 trillion, with none of it 
being offset.
  I would submit that, if we went forward on that type of policy 
prescription, we might as well forget about comprehensive tax reform 
because we wouldn't have any tools left to do anything with.
  I give the chairman of the committee, Mr. Camp, who is going to be 
retiring at the end of this year, a lot of credit for having the guts 
to come out with a discussion draft on what comprehensive reform should 
look like. In that draft, he was making some tough decisions. He was 
finding offsets to lower rates and simplify the Tax Code in order to 
help us be more competitive in the global marketplace. That is not what 
is being done here today.
  I would request with the Republican leadership that, instead of 
cutting us loose today, what we ought to be doing is staying in longer 
and working on a true innovation agenda for our Nation, one that 
invests in quality educational opportunities for all of our students 
and good job training programs for workers in transition or for those 
looking to upgrade their skills so they can be competitive in the 
global marketplace, the crucial investments we have to make in 
broadband expansion, basic research funding through NIH and NSF grants 
and infrastructure modernization in this country, that is long overdue. 
We know we have to do it. Let's do it now when we need the jobs. That 
would be a true jobs package that, I think, we could rally around so as 
to get this economy humming again.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. RANGEL. I yield the gentleman an additional 1 minute.
  Mr. KIND. Rather than this dog and pony show and the message piece 
that is before us today, right before the November 4 elections, I think 
the American people are a lot smarter than what some people give them 
credit for. They know we have a fiscal problem that has to be 
addressed, and I think most people would realize that, by coming 
forward with yet another bill at a cost of $573 billion, with no 
offsets and no pay-fors, it is only going to make the situation worse 
and truly jeopardize the economic opportunities for our children and 
grandchildren in the future.
  Instead of coming out with this legislation today, which is a grab 
bag for powerful special interests, let's do the tough, heavy lifting 
that needs to be done. Let's make these policy changes but in a 
fiscally responsible way, by finding offsets in the code to pay for 
them, so we can get our fiscal house put back in order and create the 
good-paying jobs that America needs today.
  Mr. CAMP. Mr. Speaker, I yield myself such time as I may consume.
  I would just say to my good friend from Wisconsin that that was part 
of the story. Many of these provisions that are bipartisan job-creating 
provisions have been extended time and time again without being 
``offset,'' without being ``paid for.''
  Look at the research and development tax credit. It has been extended 
15 times over a 33-year period. It has never been paid for, but it is 
temporary, so it doesn't have the impact on innovation and research and 
development. That is what drives economies. That is what grows jobs.
  Let's make this permanent. Let's not be the only nation in the world 
with a temporary tax policy. Then we wonder why we are not growing. 
Then we wonder why median incomes are flat or are declining. Then we 
wonder why people aren't achieving the American Dream.
  Some of my friends have talked about the Senate. They didn't pay for 
this. What did they do? They extended some of these policies backwards 
a year and forward 1 year. How can anyone decide to hire a worker, to 
build a new building, to buy equipment, to start a new production line 
on 1 year of policy? This is about permanency, and it is about growing 
jobs.
  I yield 3 minutes to the distinguished gentleman from Minnesota (Mr. 
Paulsen), a member of the Ways and Means Committee.

                              {time}  1515

  Mr. PAULSEN. I thank the gentleman for yielding.
  Mr. Speaker, Americans have been pleading for Congress to take action 
to spur economic growth and create jobs. And the House has repeatedly 
acted to pass bipartisan legislation to get people back to work, and we 
are doing so once again today.
  Today in this jobs bill is a provision that I authored to repeal the 
destructive medical device tax. It is destructive because it is a tax 
not on profit but on sales.
  The medical device industry directly employs more than 400,000 people 
across the country, including 35,000 jobs in my home State of 
Minnesota. These companies create the lifesaving and life-improving 
technologies for our patients.
  But, because of the President's new health care law, the device 
industry is now facing one of the highest effective tax rates in the 
world. This device tax has already resulted in the loss of 33,000 
American jobs. That is the equivalent of the entire Minnesota medical 
device industry being wiped off the map. Another 132,000 jobs are 
expected to disappear or now go overseas. And these are good-paying 
jobs, Mr. Speaker--$60,000 to $80,000 per job. Eighty

[[Page H7816]]

percent of these companies are small businesses, employing 50 people or 
less.
  I asked one company that I recently visited, with 60 employees: What 
does the device tax mean to you? It means I have six projects now 
instead of 10 projects; I will have two fewer engineers and two fewer 
technicians.
  Another Minnesota company that I recently talked to with 20 employees 
that is not yet profitable told me that now they are borrowing--they 
are borrowing--$100,000 a month just to pay the tax. That is crazy.
  So companies are cutting back on their research and development. 
Venture capital is disappearing. And we are seeing less innovation.
  The bottom line is, this device tax is so poorly conceived, it kills 
jobs, it is stifling lifesaving and life-enhancing innovation, and both 
Democrats and Republicans in the House agree on this.
  My legislation to repeal this harmful tax has 275 coauthors in this 
body, 46 of whom are Democrats. There is overwhelming bipartisan 
support to repeal this job-killing tax. But we need the Senate to take 
action. We need the Senate to stop blocking this bill from moving 
forward. That way, we can get this done.
  It is time, Mr. Speaker, to come together to protect American jobs by 
repealing the device tax.
  Mr. RANGEL. Mr. Speaker, I yield 3 minutes to the gentleman from 
Illinois (Mr. Davis), one of the hardest working members of the Ways 
and Means Committee.
  Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, I want to thank my 
colleague from New York for yielding.
  I rise in strong opposition to H.R. 4 because it adds over $500 
billion in permanent corporate tax giveaways that could end up causing 
1 million hardworking Americans to lose their employer-provided health 
coverage and do nothing to help the tens of thousands of my 
constituents and tens of millions of Americans who are experiencing 
deep poverty, unemployment, and economic distress.
  I cannot support adding over $500 billion to our deficit for 
permanent handouts to big corporations while 3.3 million long-term 
unemployed go unaided, while repairs and renovations to our Nation's 
infrastructure are threatened, while the Medicare doctors' fix goes 
unresolved, and while irrational budget cuts strangle education, 
health, research, and innovation.
  This bill marks the height of Republican irresponsibility on both 
fiscal and policy grounds. I ask, how many millions of low-income 
students could complete college using Pell grants with just a fraction 
of the cost of this bill? How many long-term unemployed could pay their 
rent or provide food for their families with even a tiny amount of the 
cost of this bill? How many more small businesses could receive 
investment grants or critical low-cost loans?
  Our government, yes, has the responsibility to advance policies that 
create jobs, strengthen our citizens, and grow our economy, not ones 
that undermine the health and well-being of Americans and advance the 
wealthiest among us at the expense of the struggling.
  I will vote ``no'' on this sham jobs-creating bill.
  Mr. CAMP. I am prepared to close, so I reserve the balance of my 
time.
  Mr. RANGEL. I yield myself the balance of my time.
  Mr. Speaker, as we close out on this bill, I would like to enter into 
the Record a report by the Center on Budget and Policy Priorities. This 
is an objective report on the subject that we have just talked about, 
and that is whether or not the Affordable Care Act has caused a loss in 
full-time jobs. This report clearly shows that we have had a rise in 
full-time work in connection with the health care reform bill.

                 [From Off the Charts, Sept. 17, 2014]

  Census Report Shows Rise in Full-Time Work, Undercutting Claims by 
                        Health Reform Opponents

                       (By Paul N. Van de Water)

       Yesterday's Census Bureau report shows that the share of 
     workers with full-time, full-year work rose in 2013, while 
     the share with part-time, part-year work fell. This finding 
     further undercuts assertions that health reform is causing a 
     large increase in part-time employment--as proponents of a 
     House measure to change health reform's rules on covering 
     full-time workers claim.
       Health reform requires employers with at least 50 full-
     time-equivalent workers to offer coverage to full-time 
     employees--defined as those who work at least 30 hours a 
     week--or pay a penalty. Critics claim that employers are 
     shifting some employees to part-time work to avoid offering 
     them health insurance. But the data provide scant evidence of 
     such a shift.
       To the contrary, part-time work became less frequent last 
     year. ``An estimated 72.7 percent of working men with 
     earnings and 60.5 percent of working women with earnings 
     worked full time, year round in 2013, both percentages higher 
     than the 2012 estimates of 71.1 percent and 59.4 percent 
     respectively,'' according to the new Census report. These 
     data are consistent with a recent Urban Institute analysis 
     that found little evidence that health reform has increased 
     part-time work.
       The share of involuntary part-timers--workers who'd rather 
     have full-time jobs but can't find them--tells a similar 
     story. If health reform were distorting hiring practices, as 
     critics assert, we'd expect the share of involuntary part-
     timers to be growing. Instead, as the chart (based on Labor 
     Department data) shows, it's down by 1\1/2\ percentage points 
     from its post-recession peak. My colleague Jared Bernstein 
     finds that this pattern is typical for this stage of a 
     recovery.
       Later this week, the House will consider a proposal (part 
     of a so-called ``jobs bill'') to raise health reform's 
     threshold for full-time work from 30 to 40 hours. But this 
     step would make a shift toward part-time employment much more 
     likely--not less so.
       Only about 7 percent of employees work 30 to 34 hours (that 
     is, at or modestly above health reform's 30-hour threshold), 
     but 44 percent of employees work 40 hours a week and thus 
     would be vulnerable to cuts in their hours if the threshold 
     rose to 40 hours. Employers could easily cut back large 
     numbers of employees from 40 to 39 hours so they wouldn't 
     have to offer them health coverage.
       If you exclude workers at firms that already offer health 
     insurance and thus won't be tempted to cut workers' hours, 
     more than twice as many workers would face a high risk of 
     reduced hours under a 40-hour threshold than under the 
     current 30-hour threshold, according to New York University 
     economist Sherry Glied.
       There's little evidence to date that health reform has 
     caused a shift to part-time work. There's every reason to 
     expect the impact to be small as a share of total employment, 
     as we have explained. And raising the cutoff for the employer 
     mandate from 30 to 40 hours a week would be a step in the 
     wrong direction.

  Mr. RANGEL. Now, the gentleman knows also that in order to get a bill 
passed, it really helps if you get the cooperation of the President of 
the United States.
  I would like to submit a statement for the Record from the 
administration which says that if this bill was to reach him that he 
would be forced to follow the advice of his administration specialists 
and veto it.
  On the other hand, I think it is abundantly clear that the Speaker 
knows that the President has reached out to him and to the Senate to 
come together to create jobs.

                   Statement of Administration Policy


                      H.R. 4--Jobs for America Act

               (Rep. Camp, R-Michigan, and 4 cosponsors)

       The Administration strongly opposes House passage of H.R. 
     4, which incorporates several bills that have previously been 
     passed by the House during this Congress, including a number 
     of bills for which the Administration issued Statements of 
     Administration Policy strongly opposing passage and 
     indicating that, if presented to the President, his senior 
     advisors would recommend that he veto them.
       The Administration wants to work with Congress to make 
     progress on measures that strengthen the economy and help 
     middle class families, including pro-growth business tax 
     reform. The Administration continues to support tax proposals 
     that would benefit the Nation's economy and small businesses, 
     such as making permanent the research and experimentation tax 
     credit and increased expensing for small businesses. However, 
     making traditional tax extenders and costly business tax cuts 
     permanent without offsets, while at the same time allowing 
     taxes to increase on 26 million working families, represents 
     the wrong approach.
       In addition, the Administration welcomes ideas to improve 
     the Affordable Care Act. However, H.R. 4 would undermine that 
     Act by shifting costs to taxpayers and causing fewer 
     Americans to have employer-sponsored health insurance 
     coverage.
       Also, the Administration is committed to ensuring that the 
     benefits of regulation justify their costs and that they are 
     tailored to advance statutory goals in a manner that is 
     efficient, is cost-effective, and minimizes uncertainty. 
     However, H.R. 4 would throw all major regulations into a 
     months-long limbo, marking a significant departure from the 
     longstanding separation of powers between the Executive and 
     Legislative branches and, fostering uncertainty and impeding 
     business investment that is vital to economic growth. 
     Furthermore, the bill would impose other unnecessary 
     requirements on agencies that would seriously undermine their 
     ability to execute their statutory mandates.
       Finally, the Administration is committed to sound long-term 
     management of Federal lands for continued productivity and 
     economic benefit, as well as for the long-term

[[Page H7817]]

     health of the wildlife and ecological values sustained by 
     these holdings. However, H.R. 4 includes numerous harmful 
     provisions that would impair responsible management of 
     Federally-owned lands and undermine many important existing 
     public land and environmental laws, rules, and processes.
       If the President were presented with H.R. 4, his senior 
     advisors would recommend that he veto the bill.

  Mr. RANGEL. Lastly, I would like to say, as the distinguished chair 
moves on to his retirement from this august body, that for as long as 
the gentleman has been a member of this Ways and Means Committee that I 
have admired and I continue to respect the fine work that he has 
contributed to the committee as well as to this House, and that his 
honesty, candidness, sincerity, and hard work to make this a better 
Congress and a better country certainly is appreciated now and will be 
in the future.
  And I would hope that the hard work that he has done on tax reform--
which is a very difficult, complex subject to deal with--that we might 
try to remember him for the fine work that he has done over these 
years, rather than on the eve of an election, where sometimes the 
leadership would want to make a political statement.
  I, for one, will never associate him with this piece of legislation, 
but, rather, for the outstanding contributions that he has made year 
after year, session after session--not for Republicans, not for the 
committee, but for this great country. And I thank him for his 
friendship over the years.
  I yield back the balance of my time.
  Mr. CAMP. Mr. Speaker, I yield myself such time as I may consume.
  I thank the gentleman from New York for those kind remarks and also 
for the work we have been able to do together over the years.
  I remember the first legislation that we really worked together on 
was the Adoption and Safe Families Act, which was signed into law and 
has done a lot to move children from a temporary situation into a 
permanent loving home. And I want to thank the gentleman for his 
leadership on that and other issues on the committee.
  And as a former chairman of the committee, you have sat in the chair 
I am sitting in right now and know what a challenge it can be at times. 
But we have done some great work together.
  I do happen to believe, though, that this legislation would create 
jobs. And it is not just my opinion. These provisions have been 
analyzed by the nonpartisan Joint Committee on Taxation, and that 
indicates that these are all important provisions.
  There has been some reference to the fact that we are close to an 
election. And I think clearly what most Americans are sick of is the 
dysfunction in Washington, the lack of ability for the two parties to 
get together, whether it is the Republicans and Democrats in the House 
or Democrat majorities in the Senate and Republican majorities in the 
House. And these are all bipartisan provisions. These are all tax 
provisions that have had significant Democrat support and votes. In the 
case of the Help Hire Our Heroes Act, I think every Democrat but one 
voted for it. Clearly these are things that will help create jobs.
  And not only do Americans want to see the dysfunction in this body 
end, but they would like to see something that will help move the 
economy forward, that will help make their lives better.
  If you look at polling--there is certainly a lot of polling out there 
right now--a lot of Americans know that things are not as good as they 
should be. I mean, it clearly comes across in the polls how 
dissatisfied they are. And there are lots of reasons for that, largely 
because median incomes are declining.
  But what is really troubling is that Americans don't believe that 
things are going to get better. They are worried that, for the first 
time, their children or their brothers and sisters or their family 
members or they will not have the same opportunities that many of their 
parents or some of their friends have had. That is a very troubling 
situation.
  This is legislation that will help move the ball forward on getting 
some economic growth, some job creation, a stronger economy. And with 
that stronger economy comes more jobs, comes higher wages, comes 
benefits so that people can pay for food and gas and put something 
aside for their retirement and for their kids' education.
  These are all things that have been extended repeatedly with 
bipartisan support. As I mentioned, R&D, 30 years; section 179, 
expensing for small businesses, 10 years; some of the S Corp perform, 
12 years--seven times since 2006.
  So let's not have a temporary policy. Let's make this permanent. 
Let's get this country moving again. Let's restore that faith that 
people have had in this country and in the American Dream. Let's vote 
``yes'' on H.R. 4.
  Mr. Speaker, I yield back the balance of my time.
  Mr. LANGEVIN. Mr. Speaker, it is with a great sense of disappointment 
that I deliver my remarks today. For the past 21 months, this House has 
failed to take any meaningful action to reduce unemployment or boost 
job creation in America. We know what the solutions are, and yet 
unconscionably the Republican leadership has chosen to engage in 
divisive political gamesmanship rather than taking on the more 
challenging task of governing, which is what our constituents sent us 
here to do.
  In my home state of Rhode Island, employers are still struggling to 
find qualified employees to fill available jobs. This skills gap keeps 
the unemployment rate stubbornly high, while many middle class families 
are still struggling to make ends meet.
  H.R. 4 contains provisions from several bills that have already 
passed the House and failed to gain traction in the Senate. Instead of 
more duplicative messaging bills, we should be working with our 
colleagues across the aisles, and across the Capitol, to incentivize 
companies to bring jobs back home, invest in advanced research and 
development, educate and train our workforce for a 21st Century 
economy, and modernize our infrastructure to improve safety, boost 
commerce and create jobs.
  Certainly the House and Senate have different visions about how to 
proceed. But when disagreements arise, the process should involve 
working together to find a solution that can pass both houses and reach 
the President's desk. Instead, House Republican leaders have decided 
the best course of action is to revisit bills that we already know are 
unacceptable to the Senate. As a fitting coda to the 113th Congress, we 
will again squander an opportunity to act while millions of Americans 
still need our help.
  This Congress is set to go down in history as the least productive 
ever. Many members have taken a ``death or glory'' approach to 
legislating, demanding that either we give them everything, or nobody 
can have anything. It was a year ago that we suffered the first 
government shutdown in 17 years; a shutdown caused by the House 
Majority's inability to contemplate negotiation.
  Even by the Speaker's own criteria of ``laws repealed'' instead of 
laws passed, we have been remarkably unproductive. Without any coherent 
legislative strategy, the Republican majority has attempted to repeal 
or undermine the Affordable Care Act over 50 times. However, we still 
cannot find the time to extend long-term unemployment insurance, fix 
our broken immigration system, or tackle any of the other challenges 
that our constituents sent us here to fix.
  One of the easiest steps we can take would be to re-authorize the 
Carl D. Perkins Career and Technical Education Act. This main source of 
federal funding for career training programs was last re-authorized in 
2006 and expired in 2012. There is broad, bipartisan support for 
revisiting Perkins and updating its provisions to reflect the realities 
of the 21st Century economy. Advocates across the country support re-
authorizing Perkins. Unfortunately, this did not become a priority for 
the Committee and we are left waiting for action yet again.
  There is too much work to be done to waste time on this petty 
political squabbling. We have the capacity to meet the challenges that 
face us, but a lack of courage on the part of House leadership keeps us 
from doing so. It is my sincere hope that in the 114th Congress we 
return to regular order, negotiate instead of digging in our heels, and 
solve problems instead of creating them.
  Ms. WATERS. Mr. Speaker, I would like to submit the following:

                               Americans for Financial Reform,

                               Washington, DC, September 18, 2014.
       Dear Representative: On behalf of Americans for Financial 
     Reform (AFR), we are writing to urge you to oppose H.R. 4, 
     the ``Jobs For America Act''. Division III of the legislation 
     contains a number of extremely problematic provisions that 
     would require regulatory agencies to satisfy dozens of 
     additional mandates prior to any regulation of Wall Street, 
     and which would create numerous additional opportunities for 
     large financial firms to block any government action in 
     court. AFR has joined the Coalition for Sensible Safeguards 
     and dozens of other civil society organizations in a joint 
     letter opposing these provisions.

[[Page H7818]]

       We would also like to draw attention to Title I of Division 
     II of this legislation, the ``Small Business Capital Access 
     and Job Preservation Act''. This legislation would exempt 
     private equity fund advisors--who include some of the 
     wealthiest and most significant entities on Wall Street--from 
     registration and reporting requirements designed to allow 
     regulators to protect investors and the public and monitor 
     risk in the financial system.
       Prior to the Dodd-Frank Act, hedge and private equity funds 
     received almost no regulatory monitoring, despite the fact 
     that they manage some $3 trillion in assets in total on 
     behalf of numerous investors, including many pension funds. 
     The Dodd-Frank Act created more transparency for this 
     previously dark portion of the markets, by requiring hedge 
     and private equity fund advisors to register with the 
     Securities and Exchange Commission (SEC), maintain a code of 
     ethics and a compliance program, and report basic financial 
     information relevant to systemic risk. This legislation would 
     effectively exempt all private equity fund advisors from 
     these requirements.
       Since this legislation was voted on as a stand alone bill 
     in December, 2013 as H.R. 1105, the SEC has reported publicly 
     on its basic `presence examinations' of private equity fund 
     advisors pursuant to its new Dodd-Frank responsibilities. 
     These examinations found widespread evidence of abuse of 
     investors and violations of the law. In a recent speech, 
     Andrew Bowden, the SEC's Director of Compliance Inspections 
     and Examinations, stated that ``when we have examined how 
     fees and expenses are handled by advisers to private equity 
     funds, we have identified what we believe are violations of 
     law or material weaknesses in controls over 50% of the 
     time''. The speech details evidence of deception and abuse of 
     investors in other areas as well. Mr. Bowden also stated that 
     due to the opaque nature of the private equity model and the 
     limited information rights of investors, outside investors in 
     private equity funds ``often have little to no chance of 
     detecting'' these abuses on their own.
       Given the findings of the SEC in its initial investigations 
     of private equity advisors, it is deeply disappointing to see 
     that the House is once again pursuing a broad exemption from 
     registration, reporting, and associated ethics requirements 
     for private equity advisors. The passage of ``The Small 
     Business Capital Access and Job Preservation Act'' would 
     effectively remove the SEC's most effective tool for 
     addressing the evidence of widespread investor abuses 
     recently uncovered through their examinations. We urge you to 
     oppose this legislation.
       Thank you for your consideration. For more information 
     please contact AFR's Policy Director, Marcus Stanley.
           Sincerely,
     Americans for Financial Reform.
                                  ____


      Following Are the Partners of Americans for Financial Reform

       All the organizations support the overall principles of AFR 
     and are working for an accountable, fair and secure financial 
     system. Not all of these organizations work on all of the 
     issues covered by the coalition or have signed on to every 
     statement.
       A New Way Forward; AFL-CIO; AFSCME; Alliance for Justice; 
     American Income Life Insurance; American Sustainable Business 
     Council; Americans for Democratic Action, Inc.; Americans 
     United for Change; Campaign for America's Future; Campaign 
     Money; Center for Digital Democracy; Center for Economic and 
     Policy Research; Center for Economic Progress; Center for 
     Media and Democracy; Center for Responsible Lending; Center 
     for Justice and Democracy; Center of Concern; Center for 
     Effective Government; Change to Win; Clean Yield Asset 
     Management.
       Coastal Enterprises Inc.; Color of Change; Common Cause; 
     Communications Workers of America; Community Development 
     Transportation Lending Services; Consumer Action; Consumer 
     Association Council; Consumers for Auto Safety and 
     Reliability; Consumer Federation of America; Consumer 
     Watchdog; Consumers Union; Corporation for Enterprise 
     Development; CREDO Mobile; CTW Investment Group; Demos; 
     Economic Policy Institute; Essential Action; Greenlining 
     Institute; Good Business International; HNMA Funding Company; 
     Home Actions.
       Housing Counseling Services; Home Defenders League; 
     Information Press; Institute for Global Communications; 
     Institute for Policy Studies: Global Economy Project; 
     International Brotherhood of Teamsters; Institute of Women's 
     Policy Research; Krull & Company; Laborers' International 
     Union of North America; Lawyers' Committee for Civil Rights 
     Under Law; Main Street Alliance; Move On; NAACP; NASCAT; 
     National Association of Consumer Advocates; National 
     Association of Neighborhoods; National Community Reinvestment 
     Coalition; National Consumer Law Center (on behalf of its 
     low-income clients); National Consumers League; National 
     Council of La Raza.
       National Council of Women's Organizations; National Fair 
     Housing Alliance; National Federation of Community 
     Development Credit Unions; National Housing Resource Center; 
     National Housing Trust; National Housing Trust Community 
     Development Fund; National NeighborWorks Association; 
     National Nurses United; National People's Action; National 
     Urban League; Next Step; OpenTheGovernment.org; Opportunity 
     Finance Network; Partners for the Common Good; PICO National 
     Network; Progress Now Action; Progressive States Network; 
     Poverty and Race Research Action Council; Public Citizen; 
     Sargent Shriver Center on Poverty Law.
       SEIU; State Voices; Taxpayers for Common Sense; The 
     Association for Housing and Neighborhood Development; The 
     Fuel Savers Club; The Leadership Conference on Civil and 
     Human Rights; The Seminal; TICAS. U.S. Public Interest 
     Research Group; UNITE HERE; United Food and Commercial 
     Workers; United States Student Association; USAction; 
     Veris Wealth Partners; Western States Center; We the 
     People Now; Woodstock Institute; World Privacy Forum; 
     UNET; Union Plus; Unitarian Universalist for a Just 
     Economic Community.


                   List of State and Local Affiliates

       Alaska PIRG; Arizona PIRG; Arizona Advocacy Network; 
     Arizonans For Responsible Lending; Association for 
     Neighborhood and Housing Development NY; Audubon Partnership 
     for Economic Development LDC, New York NY; BAC Funding 
     Consortium Inc., Miami FL; Beech Capital Venture Corporation, 
     Philadelphia PA; California PIRG; California Reinvestment 
     Coalition; Century Housing Corporation, Culver City CA; 
     CHANGER NY; Chautauqua Home Rehabilitation and Improvement 
     Corporation (NY); Chicago Community Loan Fund, Chicago IL; 
     Chicago Community Ventures, Chicago IL; Chicago Consumer 
     Coalition; Citizen Potawatomi CDC, Shawnee OK; Colorado PIRG; 
     Coalition on Homeless Housing in Ohio; Community Capital 
     Fund, Bridgeport CT.
       Community Capital of Maryland, Baltimore MD; Community 
     Development Financial Institution of the Tohono O'odham 
     Nation, Sells AZ; Community Redevelopment Loan and Investment 
     Fund, Atlanta GA; Community Reinvestment Association of North 
     Carolina; Community Resource Group, Fayetteville A; 
     Connecticut PIRG; Consumer Assistance Council; Cooper Square 
     Committee (NYC); Cooperative Fund of New England, Wilmington 
     NC; Corporacion de Desarrollo Economico de Ceiba, Ceiba PR; 
     Delta Foundation, Inc., Greenville MS; Economic Opportunity 
     Fund (EOF), Philadelphia PA; Empire Justice Center NY; 
     Empowering and Strengthening Ohio's People (ESOP), Cleveland 
     OH; Enterprises, Inc., Berea KY; Fair Housing Contact Service 
     OH; Federation of Appalachian Housing; Fitness and Praise 
     Youth Development, Inc., Baton Rouge LA; Florida Consumer 
     Action Network; Florida PIRG.
       Funding Partners for Housing Solutions, Ft. Collins CO; 
     Georgia PIRG; Grow Iowa Foundation, Greenfield IA; Homewise, 
     Inc., Santa Fe NM; Idaho Nevada CDFI, Pocatello ID; Idaho 
     Chapter, National Association of Social Workers; Illinois 
     PIRG; Impact Capital, Seattle WA; Indiana PIRG; Iowa PIRG; 
     Iowa Citizens for Community Improvement; JobStart Chautauqua, 
     Inc., Mayville NY; La Casa Federal Credit Union, Newark NJ; 
     Low Income Investment Fund, San Francisco CA; Long Island 
     Housing Services NY; MaineStream Finance, Bangor ME; Maryland 
     PIRG; Massachusetts Consumers' Coalition; MASSPIRG; 
     Massachusetts Fair Housing Center.
       Michigan PIRG; Midland Community Development Corporation, 
     Midland TX; Midwest Minnesota Community Development 
     Corporation, Detroit Lakes MN; Mile High Community Loan Fund, 
     Denver CO; Missouri PIRG; Mortgage Recovery Service Center of 
     L.A.; Montana Community Development Corporation, Missoula MT; 
     Montana PIRG; Neighborhood Economic Development Advocacy 
     Project; New Hampshire PIRG; New Jersey Community Capital, 
     Trenton NJ; New Jersey Citizen Action; New Jersey PIRG; New 
     Mexico PIRG; New York PIRG; New York City Aids Housing 
     Network; New Yorkers for Responsible Lending; NOAH Community 
     Development Fund, Inc., Boston MA; Nonprofit Finance Fund, 
     New York NY; Nonprofits Assistance Fund, Minneapolis M.
       North Carolina PIRG; Northside Community Development Fund, 
     Pittsburgh PA; Ohio Capital Corporation for Housing, Columbus 
     OH; Ohio PIRG; Oligarchy USA; Oregon State PIRG; Our Oregon; 
     PennPIRG; Piedmont Housing Alliance, Charlottesville VA; 
     Michigan PIRG; Rocky Mountain Peace and Justice Center, CO; 
     Rhode Island PIRG; Rural Community Assistance Corporation, 
     West Sacramento CA; Rural Organizing Project OR; San 
     Francisco Municipal Transportation Authority; Seattle 
     Economic Development Fund; Community Capital Development; 
     TexPIRG; The Fair Housing Council of Central New York; The 
     Loan Fund, Albuquerque NM; Third Reconstruction Institute NC; 
     Vermont PIRG; Village Capital Corporation, Cleveland OH; 
     Virginia Citizens Consumer Council; Virginia Poverty Law 
     Center; War on Poverty-Florida; WashPIRG; Westchester 
     Residential Opportunities Inc.; Wigamig Owners Loan Fund, 
     Inc., Lac du Flambeau WI; WISPIRG.


                            Small Businesses

       Blu; Bowden-Gill Environmental; Community MedPAC; 
     Diversified Environmental Planning; Hayden & Craig, PLLC; Mid 
     City Animal Hospital, Pheonix AZ; The Holographic 
     Repatterning Institute at Austin; UNET.

  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 727, the previous question is ordered on 
the bill.

[[Page H7819]]

  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. Pursuant to clause 1(c) of rule IXX, further 
consideration of H.R. 4 is postponed.

                          ____________________