[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.

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.

[[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.

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. <a href='http://
www.insurancejournalcom/news/southeast/2014/08/12/337282.htm'>http://
www.insurancejournalcom/news/southeast/2014/08/12/337282.htm</a>
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: <a href='http://
www.cop.noaa.gov/stressors/extremeevents/hab/current/
'>http://
www.cop.noaa.gov/stressors/extremeevents/hab/current/
</a> 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. <a href='http://www.foodandwaterwatch.org/
blogs/the-toledo-water-crisis-wont-be-the-last/
'>http://www.foodandwaterwatch.org/
blogs/the-toledo-water-crisis-wont-be-the-last/
</a> 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. <a href='http://bangordailynews.com/
2014/04/17/news/state/after-end-of-the-world-explosion-
Quebec-town-tries-to-find-hope/
'>http://bangordailynews.com/
2014/04/17/news/state/after-end-of-the-world-explosion-
Quebec-town-tries-to-find-hope/
</a> 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. <a href='http://www.aflcio.org/content/
download/126621/34645631/DOTJ2014.pdf'>http://www.aflcio.org/content/
download/126621/34645631/DOTJ2014.pdf</a>
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. <a href='http://fortune.com/2014/07/29/
white-house-in-action-on-climate-costs-150-billion-a-year/
'>http://fortune.com/2014/07/29/
white-house-in-action-on-climate-costs-150-billion-a-year/
</a> 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. <a href='http://www.edf.org/blog/2014/09/05/bp-
oil-spill-ruling-could-jumpstart-gulf-coast-restoration-work'>http://www.edf.org/blog/2014/09/05/bp-
oil-spill-ruling-could-jumpstart-gulf-coast-restoration-work</a>
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. <a href='http://
ourfinancialsecurity.org/blogs/wp-content/
ourfinancialsecurity.org/uploads/2012/09/Costs-of-The-
Financial-Crisis-September-20142.pdf'>http://
ourfinancialsecurity.org/blogs/wp-content/
ourfinancialsecurity.org/uploads/2012/09/Costs-of-The-
Financial-Crisis-September-20142.pdf</a>

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): <a href='http://
www.washingtonpost.com/business/economy/does-government-
regulation-really-kill-jobs-economists-say-overall-effect-
'>http://
www.washingtonpost.com/business/economy/does-government-
regulation-really-kill-jobs-economists-say-overall-effect-
</a> 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'' <a href='http://www.citizen.org/documents/
regulations-are-to-blame-unemployment-death-report.pdf'>http://www.citizen.org/documents/
regulations-are-to-blame-unemployment-death-report.pdf</a>
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. <a href='http://
mediamatters.org/research/2014/09/11/business-media-push-
industry-funded-study-on-fe/200732'>http://
mediamatters.org/research/2014/09/11/business-media-push-
industry-funded-study-on-fe/200732</a>
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. <a href='http://www.epi.org/
bloginams-cost-regulations-estimate-exercise/

'>http://www.epi.org/
bloginams-cost-regulations-estimate-exercise/

</a> 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.

____________________