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 Execu-
tive 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 imple-
menting an international trade agreement. 
‘‘§ 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 In-
formation Relating to Rules ..........................................
651’’. 
(c) EFFECTIVE DATES.— 
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(1) AGENCY MONTHLY SUBMISSION TO THE OF-
FICE
OF
INFORMATION
AND
REGULATORY
AF-
FAIRS.—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 sec-
tion 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 enact-
ment 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 require-
ment under section 652(b)(2)(A) of title 5, 
United States Code, as added by subsection (a), 
shall include for the first publication, any anal-
ysis of the costs or benefits conducted for a 
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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 sub-
section (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 Account-
ability Act of 2014’’. 
SEC. 202. DEFINITIONS. 
Section 551 of title 5, United States Code, is amend-
ed— 
(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 Ad-
ministrator of the Office of Information and Regu-
latory Affairs determines is likely to impose— 
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‘‘(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 competi-
tion, employment, investment, productivity, in-
novation, 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 sec-
tors 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 Amer-
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ican Industry Classification System, reduce em-
ployment not related to new regulatory compli-
ance by 1 percent or more annually during the 
1-year, 5-year, or 10-year period after imple-
mentation; 
‘‘(B) in one or more sectors of the econ-
omy that has a 6-digit code under the North 
American Industry Classification System, re-
duce average weekly wages for employment not 
related to new regulatory compliance by 1 per-
cent 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 con-
ducted by the Bureau of Labor Statistics) in 
which the most recent annual unemployment 
rate for the industry area is greater than 5 per-
cent, as determined by the Bureau of Labor 
Statistics in the Current Population Survey, re-
duce employment not related to new regulatory 
compliance during the first year after imple-
mentation; or 
‘‘(D) in any industry area in which the Bu-
reau of Labor Statistics projects in the Occupa-
tional Employment Statistics program that the 
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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 statu-
tory, regulatory or technical issue or an interpreta-
tion of a statutory or regulatory issue; 
‘‘(19) ‘major guidance’ means guidance that the 
Administrator of the Office of Information and Reg-
ulatory 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 competi-
tion, employment, investment, productivity, in-
novation, or on the ability of United States- 
based enterprises to compete with foreign-based 
enterprises in domestic and export markets; or 
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‘‘(D) significant impacts on multiple sec-
tors of the economy; 
‘‘(20) the ‘Information Quality Act’ means sec-
tion 515 of Public Law 106–554, the Treasury and 
General Government Appropriations Act for Fiscal 
Year 2001, and guidelines issued by the Adminis-
trator 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 insert-
ing ‘‘(a) APPLICABILITY.—This section applies’’. 
(b) Section 553 of title 5, United States Code, is 
amended by striking subsections (b) through (e) and in-
serting 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 
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is required by statute, and if so, whether by a spe-
cific 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 (includ-
ing 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 ju-
risdiction), whether the problem warrants new agen-
cy 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 amend-
ed 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 inter-
ested persons, including not only responses that 
mandate particular conduct or manners of compli-
ance, but also— 
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‘‘(A) the alternative of no Federal re-
sponse; 
‘‘(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 compli-
ance; 
‘‘(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 al-
ternatives rather than agency actions that 
specify conduct or manners of compliance. 
‘‘(6) Notwithstanding any other provision of 
law— 
‘‘(A) the potential costs and benefits asso-
ciated 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 (in-
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cluding an estimate of the net gain or loss in 
domestic jobs), wages, economic growth, innova-
tion, and economic competitiveness; 
‘‘(B) means to increase the cost-effective-
ness 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-IM-
PACT ON JOBS AND WAGES RULES, AND RULES INVOLV-
ING NOVEL LEGAL OR POLICY ISSUES.—In the case of 
a rule making for a major rule, a high-impact rule, a nega-
tive-impact on jobs and wages rule, or a rule that involves 
a novel legal or policy issue arising out of statutory man-
dates, not later than 90 days before a notice of proposed 
rule making is published in the Federal Register, an agen-
cy 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, in-
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cluding data and other evidence and informa-
tion 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 mak-
ing is required by statute, and if so, whether by 
a specific date, or whether the agency has dis-
cretion 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 statu-
tory mandates, the nature of and potential rea-
sons 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 
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‘‘(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; DETER-
MINATIONS 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 Infor-
mation 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 speci-
fied in subsection (b); 
‘‘(ii) a summary of additional information 
the agency provided to and obtained from inter-
ested persons under subsection (c); 
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‘‘(iii) a summary of any preliminary risk 
assessment or regulatory impact analysis per-
formed by the agency; and 
‘‘(iv) information specifically identifying all 
data, studies, models, and other evidence or in-
formation 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 pro-
posed rule (including all costs to be considered under 
subsection (b)(6)), based on the information de-
scribed under subparagraph (D); 
‘‘(G) a discussion of— 
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‘‘(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 alter-
natives (including all costs to be considered 
under subsection (b)(6)); 
‘‘(iii) whether those alternatives meet rel-
evant 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 agen-
cy 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 connec-
tion 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 Adminis-
trator 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 
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rule and made accessible to the public by electronic means 
and otherwise for the public’s use when the notice of pro-
posed 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 in-
formation 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 no-
tice of proposed rule making to amend or rescind the exist-
ing rule. 
All information provided to or considered by the agency, 
and steps to obtain information by the agency, in connec-
tion with its determination of other agency course, includ-
ing 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 
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agency had determined to publish a notice of proposed rule 
making and, at the discretion of the President or the Ad-
ministrator of the Office of Information and Regulatory 
Affairs, information provided by that Office in consulta-
tions 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 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 presen-
tation shall be provided pursuant to that require-
ment; 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 re-
quirements of subsection (e) to receive comment out-
side of the procedures of sections 556 and 557, and 
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the petition procedures of subsection (e)(6) shall not 
apply. 
The agency shall provide not fewer than 60 days for inter-
ested 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 peti-
tion for a hearing in accordance with section 556 to deter-
mine 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 sub-
ject of the petition and, if appropriate, withdraw the pro-
posed 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 peti-
tion 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- 
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examination at the hearing, and decide the issues pre-
sented 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.—Fol-
lowing notice of a proposed rule making, receipt of com-
ments 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 partici-
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pants at the hearing other than the agency may waive de-
termination 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 pro-
posed rule that would achieve the relevant statutory 
objectives at a lower cost (including all costs to be 
considered under subsection (b)(6)) than the pro-
posed rule. 
‘‘(3) If there is more than one alternative to the 
proposed rule that would achieve the relevant statu-
tory 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 alter-
native that would achieve the relevant statutory ob-
jectives (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 informa-
tion upon which the agency bases the proposed rule 
meets the requirements of the Information Quality 
Act. 
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‘‘(6) Upon petition by an interested person who 
has participated in the rule making, other issues rel-
evant to the rule making, unless the agency deter-
mines 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 pub-
lish in the Federal Register a notice specifying the pro-
posed 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 sub-
section (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 facili-
tate compliance with applicable rule making requirements. 
‘‘(2) The agency shall adopt a rule only on the basis 
of the best reasonably obtainable scientific, technical, eco-
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nomic, 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 rel-
evant 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 in-
clude— 
‘‘(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 sum-
mary of any final risk assessment or regulatory im-
pact analysis prepared by the agency; 
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‘‘(C) the agency’s reasoned final determination 
that the benefits of the rule meet the relevant statu-
tory 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 mak-
ing, including— 
‘‘(i) the agency’s reasoned final determina-
tion that no alternative considered achieved the 
relevant statutory objectives with lower costs 
(including all costs to be considered under sub-
section (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 determina-
tion— 
‘‘(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— 
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‘‘(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 in-
tends 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 Informa-
tion 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 ob-
jectives; 
‘‘(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 ad-
ministrative 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 
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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 re-
duce costs while continuing to achieve statutory ob-
jectives; and 
‘‘(ii) review of a rule under a plan required by 
clause (i) of this subparagraph shall take into ac-
count the factors and criteria set forth in sub-
sections (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 Ad-
ministrator of the Office of Information and Regu-
latory 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 Informa-
tion and Regulatory Affairs, information provided by that 
Office in consultations with the agency, shall be placed 
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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 RE-
QUIREMENTS.—(1) Except when notice or hearing is re-
quired by statute, the following do not apply to interpre-
tive 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). 
‘‘(C) Subparagraphs (B) through (H) of sub-
section (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 impracti-
cable 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 sub-
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sections (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 supple-
mental 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 sub-
section and take final action to adopt a final rule or re-
scind 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 na-
tional 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 sub-
section (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 in-
formation considered by the agency and any additional in-
formation presented by a party that the court determines 
necessary to consider to assure justice. 
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‘‘(3) When the agency for good cause finds (and in-
corporates the finding and a brief statement of reasons 
therefor in the rules issued) that notice and public proce-
dure 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 pub-
lish a rule without compliance with subsection (c), (d), (e), 
or (f)(1)–(3) and (f)(4)(B)–(F). If the agency receives sig-
nificant 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 com-
pliance with subsections (d) and (f). 
‘‘(h) ADDITIONAL REQUIREMENTS FOR HEARINGS.— 
When a hearing is required under subsection (e) or is oth-
erwise 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— 
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‘‘(1) a substantive rule which grants or recog-
nizes 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 Ad-
ministrator of the Office of Information and Regulatory 
Affairs shall establish guidelines for the assessment, in-
cluding 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 commensu-
rate, in the Administrator’s determination, with the eco-
nomic 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 up-
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date 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 pro-
mote coordination, simplification and harmonization of 
agency rules during the rule making process and other-
wise. 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 Regu-
latory 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 hear-
ings under subsections 553(d)(4) and 553(e) of this 
section, including to assure a reasonable opportunity 
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for cross-examination. Each agency shall adopt regu-
lations 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 pro-
ceedings under sections 553, 556, and 557 of this title. 
In all cases, such guidelines, and the Administrator’s spe-
cific determinations regarding agency compliance with 
such guidelines, shall be entitled to judicial deference. 
‘‘(l) INCLUSION IN THE RECORD OF CERTAIN DOCU-
MENTS 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 infor-
mation 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 Reg-
ulatory 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 sub-
section (d)(1), subsection (e), subsection (f)(3), and sub-
paragraphs (C) and (D) of subsection (f)(5) shall apply 
to rule makings that concern monetary policy proposed or 
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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 AUTHOR-
ITY 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: 
‘‘§ 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 determina-
tion that— 
‘‘(A) assures that such guidance is under-
standable 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 (in-
cluding all costs to be considered during a rule 
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100 
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 guid-
ance 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 guid-
ance is reasonable, understandable, consistent with 
relevant statutory and regulatory provisions and re-
quirements 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 man-
dates, 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 re-
lied upon by an agency as legal grounds for agency 
action; 
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101 
‘‘(2) shall state in a plain, prominent and per-
manent manner that it is not legally binding; and 
‘‘(3) shall, at the time it is issued or upon re-
quest, be made available by the issuing agency to in-
terested persons and the public by electronic means 
and otherwise. 
Agencies shall avoid the issuance of guidance that is in-
consistent 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 guide-
lines for use by the agencies in the issuance of major guid-
ance 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 Fed-
eral agencies and drafts its guidance documents to be sim-
ple 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 
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102 
by inserting after the item relating to section 553 the fol-
lowing new item: 
‘‘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 amend-
ed by striking subsection (e) and inserting the following: 
‘‘(e)(1) The transcript of testimony and exhibits, to-
gether 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 deci-
sion rests on official notice of a material fact not appear-
ing 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 sub-
section, 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 pro-
ceedings upon an advance notice of proposed rule making 
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103 
under section 553(c), the matters to be considered and 
determinations to be made shall include, among other rel-
evant matters and determinations, the matters and deter-
minations 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 deter-
mines 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 peti-
tion 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 adminis-
trative record. This subsection shall not apply to rule mak-
ings that concern monetary policy proposed or imple-
mented 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 amend-
ed— 
(1) by striking ‘‘Agency action made’’ and in-
serting ‘‘(a) Agency action made’’; and 
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104 
(2) by adding at the end the following: ‘‘Denial 
by an agency of a correction request or, where ad-
ministrative appeal is provided for, denial of an ap-
peal, 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 na-
tional security, notwithstanding subsection (a) of this sec-
tion, upon the agency’s publication of an interim rule with-
out compliance with section 553(c), (d), or (e) or require-
ments 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 deter-
mination to adopt such rule on an interim basis. Review 
shall be limited to whether the agency abused its discre-
tion to adopt the interim rule without compliance with sec-
tion 553(c), (d), or (e) or without rendering final deter-
minations under subsection (f) of section 553.’’. 
SEC. 207. SCOPE OF REVIEW. 
Section 706 of title 5, United States Code is amend-
ed— 
(1) by striking ‘‘To the extent necessary’’ and 
inserting ‘‘(a) To the extent necessary’’; 
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105 
(2) in paragraph (2)(A) of subsection (a) (as 
designated by paragraph (1) of this section), by in-
serting 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 Reg-
ulatory 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 discre-
tion.’’. 
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106 
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 ade-
quate 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 de-
cision.’’. 
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. 
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107 
TITLE III—REGULATORY FLEXI-
BILITY 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 COV-
ERED 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, ex-
cept that such term does not include a rule per-
taining 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 fi-
nancial structures or reorganizations thereof, prices, 
facilities, appliances, services, or allowances therefor 
or to valuations, costs or accounting, or practices re-
lating to such rates, wages, structures, prices, appli-
ances, services, or allowances.’’. 
(b) INCLUSION
OF RULES WITH INDIRECT EF-
FECTS.—Section 601 of title 5, United States Code, is 
amended by adding at the end the following new para-
graph: 
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108 
‘‘(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 (includ-
ing 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 EF-
FECTS.— 
(1) INITIAL REGULATORY FLEXIBILITY ANAL-
YSIS.—Subsection (c) of section 603 of title 5, 
United States Code, is amended by striking the first 
sentence and inserting ‘‘Each initial regulatory flexi-
bility analysis shall also contain a detailed descrip-
tion of alternatives to the proposed rule which mini-
mize any adverse significant economic impact or 
maximize any beneficial significant economic impact 
on small entities.’’. 
(2) FINAL
REGULATORY
FLEXIBILITY
ANAL-
YSIS.—The first paragraph (6) of section 604(a) of 
title 5, United States Code, is amended by striking 
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109 
‘‘minimize the significant economic impact’’ and in-
serting ‘‘minimize the adverse significant economic 
impact or maximize the beneficial significant eco-
nomic impact’’. 
(d) INCLUSION OF RULES AFFECTING TRIBAL ORGA-
NIZATIONS.—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 ANAL-
YSIS.—Subsection (a) of section 603 of title 5, 
United States Code, is amended in the first sen-
tence— 
(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
ANAL-
YSIS.—Subsection (a) of section 604 of title 5, 
United States Code, is amended in the first sen-
tence— 
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110 
(A) by striking ‘‘or’’ after ‘‘proposed rule-
making,’’; and 
(B) by inserting ‘‘or adopts a revision or 
amendment to a land management plan,’’ after 
‘‘section 603(a),’’. 
(3) LAND MANAGEMENT PLAN DEFINED.—Sec-
tion 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 man-
agement plan’ means— 
‘‘(i) any plan developed by the Sec-
retary of Agriculture under section 6 of 
the Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 
1604); and 
‘‘(ii) any plan developed by the Sec-
retary 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 
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111 
6(f)(5) of the Forest and Rangeland Re-
newable 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 sec-
tion 1610.5–6 of title 43, Code of Federal 
Regulations (or any successor regulation). 
‘‘(C) AMENDMENT.—The term ‘amend-
ment’ 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 Re-
newable Resources Planning Act of 1974 
(16 U.S.C. 1604(f)(4)) and with respect to 
which the Secretary of Agriculture pre-
pares 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 sec-
tion 1610.5–5 of title 43, Code of Federal 
Regulations (or any successor regulation) 
and with respect to which the Secretary of 
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112 
the Interior prepares a statement described 
in section 102(2)(C) of the National Envi-
ronmental 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.—Para-
graph (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.’’. 
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113 
(g) DEFINITION OF SMALL ORGANIZATION.—Para-
graph (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 orga-
nization’ means any not-for-profit enterprise 
which, as of the issuance of the notice of pro-
posed 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 enter-
prise, 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, sub-
paragraph (A) shall be applied without regard 
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114 
to any national or international organization of 
which such local labor organization is a part. 
‘‘(C) 
AGENCY
DEFINITIONS.—Subpara-
graphs (A) and (B) shall not apply to the ex-
tent that an agency, after consultation with the 
Office of Advocacy of the Small Business Ad-
ministration and after opportunity for public 
comment, establishes one or more definitions 
for such term which are appropriate to the ac-
tivities of the agency and publishes such defini-
tions in the Federal Register.’’. 
SEC. 303. EXPANSION OF REPORT OF REGULATORY AGEN-
DA. 
Section 602 of title 5, United States Code, is amend-
ed— 
(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 
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115 
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 agen-
das 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 DE-
TAILED 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 re-
quired under this section shall contain a detailed state-
ment— 
‘‘(1) describing the reasons why action by the 
agency is being considered; 
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‘‘(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, record-
keeping, and other compliance requirements of the 
proposed rule, including an estimate of the classes of 
small entities which will be subject to the require-
ment 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 eco-
nomic 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.— 
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(1) IN GENERAL.—Section 604(a) of title 5, 
United States Code, is amended— 
(A) in paragraph (4), by striking ‘‘an ex-
planation’’ and inserting ‘‘a detailed expla-
nation’’; 
(B) in each of paragraphs (4), (5), and the 
first paragraph (6), by inserting ‘‘detailed’’ be-
fore ‘‘description’’; 
(C) in the second paragraph (6), by strik-
ing 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 dispropor-
tionate economic impact on small entities or a spe-
cific 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 pro-
posed rule under section 605(b))’’ after ‘‘initial reg-
ulatory 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: 
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118 
‘‘(b) The agency shall make copies of the final regu-
latory 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 regu-
latory flexibility analysis, or a summary thereof which in-
cludes the telephone number, mailing address, and link to 
the website where the complete analysis may be ob-
tained.’’. 
(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’’. 
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119 
(e) QUANTIFICATION REQUIREMENTS.—Section 607 
of title 5, United States Code, is amended to read as fol-
lows: 
‘‘§ 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 alter-
natives 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; AD-
DITIONAL POWERS OF THE CHIEF COUNSEL 
FOR ADVOCACY. 
(a) IN GENERAL.—Section 608 is amended to read 
as follows: 
‘‘§ 608. Additional powers of Chief Counsel for Advo-
cacy 
‘‘(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 oppor-
tunity 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 no-
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120 
tice 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 supple-
ment the rules issued under subsection (a) unless such 
agency has first consulted with the Chief Counsel for Ad-
vocacy to ensure that such supplemental rules comply with 
this chapter and the rules issued under paragraph (1). 
‘‘(b) Notwithstanding any other law, the Chief Coun-
sel 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 im-
pact 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 Coun-
sel intervenes under this subsection. 
‘‘(c) The Chief Counsel for Advocacy may file com-
ments in response to any agency notice requesting com-
ment, regardless of whether the agency is required to file 
a general notice of proposed rulemaking under section 
553.’’. 
(b) CONFORMING AMENDMENTS.— 
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(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 amend-
ed— 
(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 amend-
ed 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 de-
scribed in subsection (e), an agency making such rule shall 
notify the Chief Counsel for Advocacy of the Small Busi-
ness 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. 
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‘‘(2) An agency shall not be required under para-
graph (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 Administra-
tion shall— 
‘‘(1) identify small entities or representatives of 
small entities or a combination of both for the pur-
pose of obtaining advice, input, and recommenda-
tions from those persons about the potential eco-
nomic impacts of the proposed rule and the compli-
ance 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 agen-
cy other than an independent regulatory agency (as 
defined in section 3502(5) of title 44), an employee 
from the Office of Information and Regulatory Af-
fairs of the Office of Management and Budget to re-
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view 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 Coun-
sel 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 agen-
cy other than an independent regulatory agency (as de-
fined in section 3502(5) of title 44), the Office of Informa-
tion 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 min-
imize 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 re-
sponse to such report. 
‘‘(e) A proposed rule is described by this subsection 
if the Administrator of the Office of Information and Reg-
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124 
ulatory 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 deter-
mines 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 con-
sumers, individual industries, Federal, State, or local 
governments, tribal organizations, or geographic re-
gions; 
‘‘(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 sub-
stantial number of small entities. 
‘‘(f) Upon application by the agency, the Chief Coun-
sel 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, un-
necessary, or contrary to the public interest. 
‘‘(g) A small entity or a representative of a small enti-
ty may submit a request that the agency provide a copy 
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of the report prepared under subsection (d) and all mate-
rials 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 re-
questing small entity or representative of a small entity 
not later than 10 business days after receiving such re-
quest, except that the agency shall not disclose any infor-
mation 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 amend-
ed to read as follows: 
‘‘§ 610. Periodic review of rules 
‘‘(a) Not later than 180 days after the enactment of 
this section, each agency shall publish in the Federal Reg-
ister 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 sub-
stantial 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 contin-
ued without change, or should be amended or rescinded, 
consistent with the stated objectives of applicable statutes, 
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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 revi-
sion 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 adopt-
ed 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 com-
pletion 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 publi-
cation 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 in-
clude small businesses (including small business concerns 
owned and controlled by women, small business concerns 
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127 
owned and controlled by veterans, and small business con-
cerns 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 gath-
er their input on existing agency rules. 
‘‘(d) Each agency shall annually submit a report re-
garding 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 agen-
cies other than independent regulatory agencies (as de-
fined 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 in-
clude 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 
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128 
rule on a substantial number of small entities to the great-
est 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, du-
plicates, or conflicts with other Federal rules and, 
unless the head of the agency determines it to be in-
feasible, State, territorial, and local rules. 
‘‘(6) The contribution of the rule to the cumu-
lative 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, eco-
nomic conditions, or other factors have changed in 
the area affected by the rule. 
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‘‘(f) Each year, each agency shall publish in the Fed-
eral Register and on its website a list of rules to be re-
viewed 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 economic im-
pact on a substantial number of small entities (without 
regard to whether it had prepared a final regulatory flexi-
bility analysis for the rule), and request comments from 
the public, the Chief Counsel for Advocacy of the Small 
Business Administration, and the Regulatory Enforce-
ment Ombudsman concerning the enforcement of the 
rule.’’. 
SEC. 308. JUDICIAL REVIEW OF COMPLIANCE WITH THE RE-
QUIREMENTS OF THE REGULATORY FLEXI-
BILITY 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 jurisdic-
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130 
tion 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 insert-
ing ‘‘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 ‘‘ex-
cept that’’. 
(d) INTERVENTION BY CHIEF COUNSEL FOR ADVO-
CACY.—Subsection (b) of section 612 of title 5, United 
States Code, is amended by inserting before the first pe-
riod ‘‘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 
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131 
(3) by inserting after paragraph (7) the fol-
lowing 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 sub-
paragraph: 
‘‘(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 PROCE-
DURE.—Subsection (b) of section 612 of title 5, United 
States Code, is amended by inserting ‘‘chapter 5, and 
chapter 7,’’ after ‘‘this chapter,’’. 
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132 
SEC. 310. ESTABLISHMENT AND APPROVAL OF SMALL BUSI-
NESS 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 cri-
teria specified in paragraph (1)— 
‘‘(i) the Administrator may specify de-
tailed 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 Advo-
cacy.’’. 
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133 
(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 Advo-
cacy, as appropriate’’ before ‘‘shall ensure’’; and 
(2) by inserting ‘‘or Chief Counsel for Advo-
cacy’’ before the period at the end. 
(d) JUDICIAL REVIEW
OF SIZE STANDARDS AP-
PROVED 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
AP-
PROVED BY CHIEF COUNSEL.—In the case of an ac-
tion for judicial review of a rule which includes a 
definition or standard approved by the Chief Counsel 
for Advocacy under this subsection, the party seek-
ing 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 
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134 
(B) by striking ‘‘(1) the term’’ and insert-
ing 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 insert-
ing 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 insert-
ing the following: 
‘‘(5) SMALL GOVERNMENTAL JURISDICTION.— 
The term’’; and 
(4) in paragraph (6)— 
(A) by striking ‘‘; and’’ and inserting a pe-
riod; and 
(B) by striking ‘‘(6) the term’’ and insert-
ing the following: 
‘‘(6) SMALL ENTITY.—The term’’. 
(b) INCORPORATIONS BY REFERENCE AND CERTIFI-
CATIONS.—The heading of section 605 of title 5, United 
States Code, is amended to read as follows: 
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135 
‘‘§ 605. Incorporations by reference and certifi-
cations’’. 
(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’’. 
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136 
SEC. 312. AGENCY PREPARATION OF GUIDES. 
Section 212(a)(5) the Small Business Regulatory En-
forcement 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 ac-
count the subject matter of the rule and the lan-
guage 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 Ad-
ministration has the capacity and resources to carry out 
the duties of the Chief Counsel under this title and the 
amendments made by this title. 
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137 
TITLE IV—SUNSHINE FOR REGU-
LATORY DECREES AND SET-
TLEMENTS ACT 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Sunshine for Regu-
latory 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 per-
son bringing the action; or 
(ii) a State, local, or tribal govern-
ment; and 
(C) brought under— 
(i) chapter 7 of title 5, United States 
Code; or 
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138 
(ii) any other statute authorizing such 
an action; 
(3) the term ‘‘covered consent decree’’ means— 
(A) a consent decree entered into in a cov-
ered 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 per-
son bringing the action; or 
(ii) a State, local, or tribal govern-
ment; 
(4) the term ‘‘covered consent decree or settle-
ment 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 per-
son bringing the action; or 
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139 
(ii) a State, local, or tribal govern-
ment. 
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, includ-
ing 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 set-
tlement agreement until after the end of proceedings 
in accordance with paragraph (1) and subpara-
graphs (A) and (B) of paragraph (2) of subsection 
(d) or subsection (d)(3)(A), whichever is later. 
(b) INTERVENTION.— 
(1) REBUTTABLE
PRESUMPTION.—In consid-
ering 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 
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140 
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
GOVERN-
MENTS.—In considering a motion to intervene in a 
covered civil action or a civil action in which a cov-
ered 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 provi-
sions 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 re-
lates. 
(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 
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141 
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 ac-
tion. 
(d) PUBLICATION OF AND COMMENT ON COVERED 
CONSENT DECREES OR SETTLEMENT AGREEMENTS.— 
(1) IN GENERAL.—Not later than 60 days be-
fore the date on which a covered consent decree or 
settlement agreement is filed with a court, the agen-
cy 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 agree-
ment, including whether it provides for the 
award of attorneys’ fees or costs and, if so, 
the basis for including the award. 
(2) PUBLIC COMMENT.— 
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142 
(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 com-
plaint in the applicable civil action or addressed 
or affected by the proposed covered consent de-
cree or settlement agreement. 
(B) RESPONSE TO COMMENTS.—An agency 
shall respond to any comment received under 
subparagraph (A). 
(C) SUBMISSIONS TO COURT.—When mov-
ing that the court enter a proposed covered con-
sent decree or settlement agreement or for dis-
missal 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 de-
cree 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; 
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143 
(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 ac-
tion the certified index of the administrative 
record submitted by an agency under subpara-
graph (C)(iii) and any documents listed in the 
index which any party or amicus curiae appear-
ing 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 sum-
mary of the proceedings; 
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144 
(II) submit to the court a cer-
tified index of the hearing record; and 
(III) provide access to the hear-
ing record to the court; and 
(ii) the full hearing record shall be in-
cluded in the court record. 
(4) MANDATORY
DEADLINES.—If a proposed 
covered consent decree or settlement agreement re-
quires an agency action by a date certain, the agen-
cy shall, when moving for entry of the covered con-
sent 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 ad-
dress; 
(B) how the covered consent decree or set-
tlement agreement, if approved, would affect 
the discharge of the duties described in sub-
paragraph (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. 
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145 
(e) SUBMISSION BY THE GOVERNMENT.— 
(1) IN GENERAL.—For any proposed covered 
consent decree or settlement agreement that con-
tains a term described in paragraph (2), the Attor-
ney General or, if the matter is being litigated inde-
pendently 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 person-
ally sign any certification submitted under this para-
graph. 
(2) TERMS.—A term described in this para-
graph 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 regu-
latory action in question; 
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146 
(iii) commits an agency to seek a par-
ticular appropriation or budget authoriza-
tion; 
(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 cir-
cumstances, 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 au-
thority 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 fail-
ure by the agency to comply with the 
terms of the covered settlement agreement 
other than the revival of the civil action re-
solved by the covered settlement agree-
ment; and 
(ii) that— 
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147 
(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 
rule-
making procedures for a rulemaking 
that is the subject of the covered set-
tlement agreement; 
(II) commits the agency to ex-
pend funds that have not been appro-
priated and that have not been budg-
eted for the regulatory action in ques-
tion; or 
(III) for such a covered settle-
ment 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 pol-
icy or managerial choices, or to pro-
tect the rights of third parties. 
(f) REVIEW BY COURT.— 
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148 
(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 per-
son who filed public comments or participated in a 
public hearing on the covered consent decree or set-
tlement agreement under paragraph (2) or (3) of 
subsection (d). 
(2) REVIEW OF DEADLINES.— 
(A) PROPOSED
COVERED
CONSENT
DE-
CREES.—For a proposed covered consent de-
cree, a court shall not approve the covered con-
sent 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 rule-
making and, unless contrary to the public inter-
est, the provisions of any Executive order that 
governs rulemaking. 
(B) PROPOSED
COVERED
SETTLEMENT 
AGREEMENTS.—For a proposed covered settle-
ment agreement, a court shall ensure that the 
covered settlement agreement allows sufficient 
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149 
time and incorporates adequate procedures for 
the agency to comply with chapter 5 of title 5, 
United States Code, and other applicable stat-
utes that govern rulemaking and, unless con-
trary 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 covered consent de-
crees 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 settle-
ment 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 de-
cree 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 con-
sent decree or settlement agreement and the basis of the 
motion is that the terms of the covered consent decree or 
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150 
settlement agreement are no longer fully in the public in-
terest 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 de-
cree 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, Con-
gress has excessively delegated its constitutional charge 
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151 
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 im-
proved 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 emis-
sions increases energy costs on consumers, reduces eco-
nomic 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 RULE-
MAKING. 
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. 
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‘‘§ 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 clas-
sification 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 ac-
tions taken by or that will be taken by the Federal 
agency promulgating the rule that are intended to 
implement the same statutory provision or regu-
latory objective as well as the individual and aggre-
gate economic effects of those actions; 
‘‘(v) a list of any other related regulatory ac-
tions 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 objec-
tive, of which the Federal agency promulgating the 
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rule is aware, as well as the individual and aggre-
gate 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 pri-
vate 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 require-
ments under any other Act and any relevant Execu-
tive orders. 
‘‘(C) Upon receipt of a report submitted under sub-
paragraph (A), each House shall provide copies of the re-
port to the chairman and ranking member of each stand-
ing committee with jurisdiction under the rules of the 
House of Representatives or the Senate to report a bill 
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to amend the provision of law under which the rule is 
issued. 
‘‘(2)(A) The Comptroller General shall provide a re-
port 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 Comp-
troller 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 para-
graph (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 relat-
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ing to the same rule may not be considered under this 
chapter in the same Congress by either the House of Rep-
resentatives 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 re-
ceived by Congress (excluding days either House of Con-
gress 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 Con-
gress. 
‘‘(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— 
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‘‘(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 imple-
menting an international trade agreement. 
‘‘(3) An exercise by the President of the authority 
under this subsection shall have no effect on the proce-
dures under section 802. 
‘‘(d)(1) In addition to the opportunity for review oth-
erwise provided under this chapter, in the case of any rule 
for which a report was submitted in accordance with sub-
section (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 Representa-
tives, 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, sec-
tions 802 and 803 shall apply to such rule in the suc-
ceeding session of Congress. 
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‘‘(2)(A) In applying sections 802 and 803 for pur-
poses 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 Rep-
resentatives, the 15th legislative day, 
after the succeeding session of Congress first con-
venes; 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 sub-
sections of this section). 
‘‘§ 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 re-
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port 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 
lll relating to lll.’; 
‘‘(C) includes after its resolving clause only the 
following (with blanks filled as appropriate): ‘That 
Congress approves the rule submitted by lll re-
lating to lll.’; and 
‘‘(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 Representa-
tives, within three legislative days; and 
‘‘(B) in the case of the Senate, within three ses-
sion days. 
‘‘(3) A joint resolution described in paragraph (1) 
shall not be subject to amendment at any stage of pro-
ceeding. 
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‘‘(b) A joint resolution described in subsection (a) 
shall be referred in each House of Congress to the commit-
tees 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 consider-
ation of the resolution and it shall be placed on the cal-
endar. 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 com-
mittees have been discharged from further consideration 
of the resolution. 
‘‘(d)(1) In the Senate, when the committee or com-
mittees to which a joint resolution is referred have re-
ported, 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 
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consideration of the joint resolution) are waived. The mo-
tion is not subject to amendment, or to a motion to post-
pone, 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 re-
main 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 conclu-
sion of the debate on a joint resolution described in sub-
section (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. 
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‘‘(4) Appeals from the decisions of the Chair relating 
to the application of the rules of the Senate to the proce-
dure relating to a joint resolution described in subsection 
(a) shall be decided without debate. 
‘‘(e) In the House of Representatives, if any com-
mittee 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 consider-
ation 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 
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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 re-
ceived from the other House until the vote on pas-
sage, 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, respec-
tively, and as such is deemed to be part of the rules 
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163 
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. 
‘‘§ 803. 
Congressional 
disapproval 
procedure 
for 
nonmajor rules 
‘‘(a) For purposes of this section, the term ‘joint res-
olution’ 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 lll relating to 
lll, and such rule shall have no force or effect.’ (The 
blank spaces being appropriately filled in). 
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‘‘(b) A joint resolution described in subsection (a) 
shall be referred to the committees in each House of Con-
gress with jurisdiction. 
‘‘(c) In the Senate, if the committee to which is re-
ferred 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 res-
olution upon a petition supported in writing by 30 Mem-
bers 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 com-
mittee 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 resolu-
tion (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 
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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 recom-
mit the joint resolution is not in order. 
‘‘(3) In the Senate, immediately following the conclu-
sion of the debate on a joint resolution described in sub-
section (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 proce-
dure relating to a joint resolution described in subsection 
(a) shall be decided without debate. 
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‘‘(e) In the Senate the procedure specified in sub-
section (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 publica-
tion date, or 
‘‘(2) if the report under section 801(a)(1)(A) 
was submitted during the period referred to in sec-
tion 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 re-
ceived from the other House; but 
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‘‘(B) the vote on final passage shall be on 
the joint resolution of the other House. 
‘‘§ 804. Definitions 
‘‘For purposes of this chapter— 
‘‘(1) The term ‘Federal agency’ means any 
agency as that term is defined in section 551(1). 
‘‘(2) The term ‘major rule’ means any rule, in-
cluding 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 agen-
cies, or geographic regions; or 
‘‘(iii) significant adverse effects on 
competition, employment, investment, pro-
ductivity, innovation, or on the ability of 
United States-based enterprises to compete 
with foreign-based enterprises in domestic 
and export markets; or 
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‘‘(B) is made by the Administrator of the 
Environmental Protection Agency and that 
would have a significant impact on a substan-
tial number of agricultural entities, as deter-
mined 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, in-
cluding a rule that approves or prescribes for the fu-
ture rates, wages, prices, services, or allowances 
therefore, corporate or financial structures, reorga-
nizations, mergers, or acquisitions thereof, or ac-
counting practices or disclosures bearing on any of 
the foregoing. 
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169 
‘‘(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 sub-
mitted 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 enter-
prise, 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, nat-
ural gas, or oil; or 
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‘‘(B) coal, natural gas, or oil based on 
emissions, including carbon dioxide emissions 
that would be generated through the fuel’s com-
bustion. 
‘‘§ 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 de-
termine whether a Federal agency has completed the nec-
essary 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 af-
fect 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 con-
cerning a rule except for purposes of determining whether 
or not the rule is in effect. 
‘‘§ 806. Exemption for monetary policy 
‘‘Nothing in this chapter shall apply to rules that con-
cern monetary policy proposed or implemented by the 
Board of Governors of the Federal Reserve System or the 
Federal Open Market Committee. 
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‘‘§ 807. Effective date of certain rules 
‘‘Notwithstanding section 801— 
‘‘(1) any rule that establishes, modifies, opens, 
closes, or conducts a regulatory program for a com-
mercial, 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 pro-
mulgating 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 Emer-
gency 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 con-
gressional approval procedure set forth in sec-
tion 802 of chapter 8 of title 5, United States 
Code, affecting budget authority, outlays, or re-
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ceipts shall be assumed to be effective unless it 
is not approved in accordance with such sec-
tion.’’. 
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 de-
fined 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 sub-
section (a). 
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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 AC-
CESS TAXES AND MULTIPLE AND DISCRIMI-
NATORY 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’’. 
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TITLE I—RESTORING THE COM-
MITMENT TO RURAL COUN-
TIES AND SCHOOLS 
SEC. 101. PURPOSES. 
The purposes of this title are as follows: 
(1) To restore employment and educational op-
portunities in, and improve the economic stability of, 
counties containing National Forest System land. 
(2) To ensure that such counties have a de-
pendable 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 vol-
ume requirement’’, with respect to a Forest Re-
serve Revenue Area, means a volume of na-
tional forest materials no less than 50 percent 
of the sustained yield of the Forest Reserve 
Revenue Area. 
(B) EXCLUSIONS.—In determining the vol-
ume of national forest materials or the sus-
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tained 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 ‘‘bene-
ficiary 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 ‘‘cata-
strophic 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 sub-
stantial 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 ‘‘cov-
ered project’’ mean a project involving the manage-
ment or sale of national forest materials within a 
Forest Reserve Revenue Area to generate forest re-
serve revenues and achieve the annual volume re-
quirement for the Forest Reserve Revenue Area. 
(5) FOREST RESERVE REVENUE AREA.— 
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(A) IN GENERAL.—The term ‘‘Forest Re-
serve Revenue Area’’ means National Forest 
System land in a unit of the National Forest 
System designated for sustainable forest man-
agement for the production of national forest 
materials and forest reserve revenues. 
(B) INCLUSIONS.—Subject to subpara-
graph (C), but otherwise notwithstanding any 
other provision of law, including executive or-
ders 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 Rev-
enue Area may not include National Forest 
System land— 
(i) that is a component of the Na-
tional Wilderness Preservation System; 
(ii) on which the removal of vegetation 
is specifically prohibited by Federal stat-
ute; or 
(iii) that is within a National Monu-
ment as of the date of the enactment of 
this Act. 
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(6) FOREST
RESERVE
REVENUES.—The term 
‘‘forest reserve revenues’’ means revenues 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 Range-
land Renewable Resources Planning Act of 1974 (16 
U.S.C. 1609(a)), except that the term does not in-
clude the National Grasslands and land utilization 
projects designated as National Grasslands adminis-
tered 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 culmina-
tion of mean annual increment using cubic measure-
ment. 
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(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 re-
quired 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 
REQUIRE-
MENTS. 
(a) ESTABLISHMENT
OF FOREST RESERVE REV-
ENUE AREAS.—Notwithstanding any other provision of 
law, the Secretary shall establish one or more Forest Re-
serve Revenue Areas within each unit of the National For-
est System. 
(b) DEADLINE
FOR ESTABLISHMENT.—The Sec-
retary 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 Rev-
enue Area is to provide a dependable source of 25-percent 
payments and economic activity through sustainable forest 
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management for each beneficiary county containing Na-
tional 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 REQUIRE-
MENT.—Not later than 30 days after the date of the es-
tablishment of a Forest Reserve Revenue Area, the Sec-
retary shall determine the annual volume requirement for 
that Forest Reserve Revenue Area. 
(f) LIMITATION
ON REDUCTION
OF FOREST RE-
SERVE REVENUE AREAS.—Once a Forest Reserve Rev-
enue Area is established under subsection (a), the Sec-
retary may not reduce the number of acres of National 
Forest System land included in that Forest Reserve Rev-
enue Area. 
(g) MAP.—The Secretary shall provide a map of all 
Forest Reserve Revenue Areas established under sub-
section (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 
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(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 provi-
sion of this title shall be construed to limit or restrict— 
(1) access to National Forest System land for 
hunting, fishing, recreation, and other related pur-
poses; 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 man-
age the Forest Reserve Revenue Area in the manner nec-
essary 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 enact-
ment of this Act to begin generating forest reserve reve-
nues. 
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(b) STANDARDS FOR PROJECTS WITHIN FOREST RE-
SERVE REVENUE AREAS.—The Secretary shall conduct 
covered forest reserve projects within Forest Reserve Rev-
enue 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 cov-
ered projects. 
(c) ENVIRONMENTAL
ANALYSIS
PROCESS
FOR 
PROJECTS IN FOREST RESERVE REVENUE AREAS.— 
(1) ENVIRONMENTAL ASSESSMENT.—The Sec-
retary 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 re-
serve project proposed to be conducted within a For-
est Reserve Revenue Area, except that the Secretary 
is not required to study, develop, or describe any al-
ternative 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 
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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 as-
sessment, by reference, any documents that the Sec-
retary determines, in the sole discretion of the Sec-
retary, are relevant to the assessment of the environ-
mental effects of the covered project. 
(4) DEADLINE
FOR
COMPLETION.—The Sec-
retary shall complete the environmental assessment 
for a covered forest reserve project within 180 days 
after the date on which the Secretary published no-
tice 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 ad-
ditional 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. 
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(6) CATEGORICAL EXCLUSION.—A covered for-
est 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 safe-
ty, or other hazardous fuels within 500 feet of utility 
or telephone infrastructure, campgrounds, roadsides, 
heritage sites, recreation sites, schools, or other in-
frastructure, 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 MANAGE-
MENT PLAN.—The Secretary may modify the standards 
and guidelines contained in the land and resource manage-
ment 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 subdivi-
sion. 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 re-
serve project. 
(e) COMPLIANCE
WITH
ENDANGERED
SPECIES 
ACT.— 
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(1) NON-JEOPARDY ASSESSMENT.—If the Sec-
retary determines that a proposed covered forest re-
serve 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 determina-
tion 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 In-
terior or the Secretary of Commerce, as appro-
priate. 
(B) REVIEW AND RESPONSE.—Within 30 
days after receiving a determination under sub-
paragraph (A), the Secretary of the Interior or 
the Secretary of Commerce, as appropriate, 
shall provide a written response to the Sec-
retary concurring in or rejecting the Secretary’s 
determination. If the Secretary of the Interior 
or the Secretary of Commerce rejects the deter-
mination, the written response shall include rec-
ommendations for measures that— 
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(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 au-
thority and jurisdiction; and 
(iv) are economically and techno-
logically feasible. 
(3) FORMAL CONSULTATION.—If the Secretary 
of the Interior or the Secretary of Commerce rejects 
a determination issued by the Secretary under para-
graph (1), the Secretary of the Interior or the Sec-
retary of Commerce also is required to engage in 
formal consultation with the Secretary. The Secre-
taries 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 
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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 ac-
cordance with section 106 of the Healthy For-
ests Restoration Act of 2003 (16 U.S.C. 6516), 
except that a court of the United States may 
not issue a restraining order, preliminary in-
junction, or injunction pending appeal covering 
a covered forest reserve project in response to 
an allegation that the Secretary violated any 
procedural requirement applicable to how the 
project was selected, planned, or analyzed. 
(B) BOND
REQUIRED.—A plaintiff chal-
lenging a covered forest reserve project shall be 
required to post a bond or other security ac-
ceptable to the court for the reasonably esti-
mated 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. 
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(C) RECOVERY.—If the Secretary prevails 
in the case, the Secretary shall submit to the 
court a motion for payment of all litigation ex-
penses. 
(g) USE OF ALL-TERRAIN VEHICLES FOR MANAGE-
MENT 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 SAL-
VAGE 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 
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the monies otherwise collected under those Acts for 
projects conducted on National Forest System land. 
(c) DEPOSIT IN GENERAL FUND OF THE TREAS-
URY.—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 sub-
mit 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 Re-
serve 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. 
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TITLE 
II—HEALTHY 
FOREST 
MANAGEMENT 
AND 
CATA-
STROPHIC 
WILDFIRE 
PRE-
VENTION 
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 terres-
trial 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 sec-
tion 101 of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6511). 
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(2) AT-RISK FOREST.—The term ‘‘at-risk for-
est’’ means— 
(A) Federal land in condition class II or 
III, as those classes were developed by the For-
est Service Rocky Mountain Research Station 
in the general technical report titled ‘‘Develop-
ment 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 eco-
system, water supply, wildlife, or wildlife habi-
tat 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 Plan-
ning Act of 1974 (16 U.S.C. 1609(a))); or 
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(ii) public lands (as defined in section 
103 of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1702)). 
(B) EXCLUDED LAND.—The term does not 
include land— 
(i) that is a component of the Na-
tional Wilderness Preservation System; 
(ii) on which the removal of vegetation 
is specifically prohibited by Federal stat-
ute; or 
(iii) that is within a National Monu-
ment 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 ‘‘Sec-
retary concerned’’ means— 
(A) the Secretary of Agriculture, in the 
case of National Forest System land; and 
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(B) the Secretary of the Interior, in the 
case of public lands. 
(6) ELIGIBLE
HAZARDOUS
FUEL
REDUCTION 
AND FOREST HEALTH PROJECTS.—The terms ‘‘haz-
ardous 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, for-
est 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 FOR-
ESTS. 
(a) IMPLEMENTATION.—As soon as practicable after 
the date of the enactment of this Act, the Secretary con-
cerned is authorized to implement a hazardous fuel reduc-
tion 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 prin-
ciples consistent with the forest type in the location where 
such project will occur. 
(b) AUTHORIZED PRACTICES.— 
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(1) INCLUSION
OF
LIVESTOCK
GRAZING
AND 
TIMBER HARVESTING.—A hazardous fuel reduction 
project or a forest health project may include live-
stock grazing and timber harvest projects carried 
out for the purposes of hazardous fuels reduction, 
forest health, forest restoration, watershed restora-
tion, or threatened and endangered species habitat 
protection or improvement, if the management ac-
tion 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 ecologi-
cal restoration principles are consistent with the for-
est 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. 
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(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 addi-
tion, 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 re-
duction 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 NA-
TIONAL 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 ex-
istence as of the date of the enactment of this Act 
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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 dis-
ease 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 govern-
ment 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 vege-
tation 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 Sec-
retary concerned may modify such standards and guide-
lines to correspond with a specific high-risk area designa-
tion. 
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(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 deter-
mines 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 Fed-
eral land. 
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SEC. 206. USE OF HAZARDOUS FUELS REDUCTION OR FOR-
EST 
HEALTH 
PROJECTS 
FOR 
HIGH-RISK 
AREAS. 
(a) PROJECT PROPOSALS.— 
(1) PROPOSALS AUTHORIZED.—Upon designa-
tion of a high-risk area in a State, the Governor of 
the State may provide for the development of pro-
posed hazardous fuel reduction projects or forest 
health projects for the high-risk area. 
(2) PROJECT CRITERIA.—In preparing a pro-
posed hazardous fuel reduction project or a forest 
health project, the Governor of a State and the Sec-
retary 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 for-
est to provide the greatest health and longevity 
of the forest. 
(b) CONSULTATION.—In preparing a proposed haz-
ardous fuel reduction project or a forest health project, 
the Governor of a State shall consult with county govern-
ment from affected counties, and with affected Indian 
tribes. 
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(c) SUBMISSION AND IMPLEMENTATION.—The Gov-
ernor of a State shall submit proposed emergency haz-
ardous 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 pre-
scribed fire in Mark Twain National Forest, Missouri, 
under the Collaborative Forest Landscape Restoration 
Project until the report required by subsection (c) is sub-
mitted to Congress. 
(b) EXCEPTION FOR WILDFIRE SUPPRESSION.—Sub-
section (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 con-
taining 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 
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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 fail-
ure to utilize hardwoods cut as part of the Collabo-
rative 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 im-
pacts of prescribed fires on lands previously burned 
within the Eleven Point Ranger District. 
TITLE III—OREGON AND CALI-
FORNIA 
RAILROAD 
GRANT 
LANDS 
TRUST, 
CONSERVA-
TION, AND JOBS 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘O&C Trust, Conserva-
tion, and Jobs Act’’. 
SEC. 302. DEFINITIONS. 
In this title: 
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(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 Manage-
ment in the Salem District, Eugene District, 
Roseburg District, Coos Bay District, and Medford 
District in the State of Oregon, excluding the Or-
egon and California Railroad Grant lands and the 
Coos Bay Wagon Road Grant lands. 
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(7) O&C TRUST.—The terms ‘‘Oregon and Cali-
fornia 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 Or-
egon and California Railroad Grant lands as of Jan-
uary 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 re-
vested in the United States under the Act of 
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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— 
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(A) the Secretary of the Interior, with re-
spect 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 Bu-
reau of Land Management; and 
(B) the Secretary of Agriculture, with re-
spect to Oregon and California Railroad Grant 
lands that— 
(i) are transferred to the management 
authority of the O&C Trust and, imme-
diately 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 ‘‘transi-
tion period’’ means the three fiscal-year period speci-
fied 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. 
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(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. 
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(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 de-
scribed in subsection (d) that are located, as of Jan-
uary 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 Cali-
fornia Railroad Grant lands and O&C Region Public 
Domain lands (even if the lands are otherwise de-
scribed 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 Na-
tional Wilderness Preservation System as of 
January 1, 2013. 
(D) Federal lands included in the National 
Wild and Scenic Rivers System of January 1, 
2013. 
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(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 con-
sist 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 Cali-
fornia 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 pre-
dominant birth date attributes of 1886 or later, with 
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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 bound-
aries of all timber stands constituting the O&C 
Trust lands are finally and conclusively determined 
for all purposes by coordinates in or derived by ref-
erence 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 bound-
ary 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 equip-
ment 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 
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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 Agri-
culture shall commence identification of the bound-
aries 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 sub-
section (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 al-
lowed. 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 tim-
ber stands constituting the O&C Trust lands are fi-
nally 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 
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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 indi-
rect use of global positioning system equipment with 
accuracy specifications of one meter or less. All ac-
tions 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 con-
taining boundary coordinates for the stands included 
in the O&C Trust lands, or from which such coordi-
nates 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 con-
cerned. 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 sub-
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section (a), in the case of lands identified pur-
suant to paragraph (3). 
(5) ADJUSTMENT
AUTHORITY
AND
LIMITA-
TIONS.— 
(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 identi-
fied 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 INCON-
SISTENCIES.—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 
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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 Rail-
road Grant lands or O&C Region Public 
Domain lands on the date of the enact-
ment 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 sub-
section (c)(2). 
(C) NO IMPACT ON LAND EXCHANGE AU-
THORITY.—Nothing in this subsection is in-
tended to limit the authority of the Trust and 
the Forest Service to engage in land exchanges 
between themselves or with owners of non-Fed-
eral land as provided elsewhere in this title. 
SEC. 312. LEGAL EFFECT OF O&C TRUST AND JUDICIAL RE-
VIEW. 
(a) LEGAL STATUS OF TRUST LANDS.—Subject to 
the other provisions of this section, all right, title, and in-
terest in and to the O&C Trust lands remain in the United 
States, except that— 
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(1) the Board of Trustees shall have all author-
ity 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 Fed-
eral 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 bene-
ficial 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 sub-
surface 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- 
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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 sub-
title 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 sub-
section (b), the Board of Trustees shall assume au-
thority and responsibility over, and have authority to 
use, all roads and the road system specified in the 
following subparagraphs: 
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(A) All roads and road systems on the Or-
egon and California Railroad and Grant lands 
and O&C Region Public Domain lands owned or 
administered by the Bureau of Land Manage-
ment immediately before the date of the enact-
ment of this Act, except that the Secretary of 
Agriculture shall assume the Secretary of Inte-
rior’s obligations for pro-rata maintenance ex-
pense 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 bound-
aries of the O&C Trust lands. 
(C) All roads later added to the road sys-
tem for management of the O&C Trust lands. 
(2) LANDS
TRANSFERRED
TO
FOREST
SERV-
ICE.—The Secretary of Agriculture shall assume the 
obligations of the Secretary of Interior for pro-rata 
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maintenance expense and road use fees under recip-
rocal rights-of-way agreements for those Oregon and 
California Railroad Grant lands or O&C Region 
Public Domain lands transferred to the Forest Serv-
ice 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 Prac-
tices 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 con-
cerned applicable to the O&C Trust lands as of the 
date on which management authority over the sur-
face 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. 
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(e) LIMITATIONS.—The assets of the O&C Trust 
shall not be subject to the creditors of an O&C Trust coun-
ty, 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 pro-
vide 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 para-
graph (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 provi-
sion of this title must file suit within 90 days after 
the date of the enactment of this Act and no pre-
liminary injunctive relief or stays pending appeal will 
be permitted. If multiple cases are filed under this 
paragraph, the Court shall consolidate the cases. 
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217 
The Court must rule on any action brought under 
this paragraph within 180 days. 
(2) DECISIONS OF BOARD OF TRUSTEES.—De-
cisions made by the Board of Trustees shall be sub-
ject 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. Ap-
pointments 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 
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counties in appointing members to the Board of 
Trustees. 
(c) COMPOSITION.—The Board of Trustees shall in-
clude the following members: 
(1)(A) Two forestry and wood products rep-
resentatives, consisting of— 
(i) one member who represents the com-
mercial timber, wood products, or milling indus-
tries and who represents an Oregon-based com-
pany with more than 500 employees, taking 
into account its affiliates, that has submitted a 
bid for a timber sale on the Oregon and Cali-
fornia Railroad Grant lands, O&C Region Pub-
lic 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 com-
mercial 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. 
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emcdonald on DSK67QTVN1PROD with BILLS
219 
(B) At least one of the two representatives se-
lected 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 un-
processed 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 commu-
nity who, at a minimum, holds a Doctor of Philos-
ophy degree in wildlife biology, forestry, ecology, or 
related field and has published peer-reviewed aca-
demic articles in the representative’s field of exper-
tise. 
(4) Three governmental representatives, con-
sisting of— 
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220 
(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 ap-
proved by the Governor, except that the two 
representatives may not be from the same coun-
ty; 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 ap-
pointments, 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 mem-
bers 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 Gov-
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emcdonald on DSK67QTVN1PROD with BILLS
221 
ernor for the unexpired term of the departing mem-
ber. 
(4) 
BOARD
OF
TRUSTEES
MANAGEMENT 
COSTS.—Members of the Board of Trustees may re-
ceive annual compensation from the O&C Trust at 
a rate not to exceed 50 percent of the average an-
nual 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 con-
tractual 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 meet-
ing of the board of trustees to satisfy the meeting 
requirement under subsection (e)(2). 
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emcdonald on DSK67QTVN1PROD with BILLS
222 
(2) DECISIONS.—All actions and decisions by 
the Board of Trustees shall require approval by a 
majority of members. 
(g) ANNUAL AUDIT.—Financial statements regard-
ing 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 pri-
vate 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 Trust-
ees may defer sale plans during periods of depressed tim-
ber markets if the Board of Trustees, in its discretion, 
determines that such delay until markets improve is finan-
cially 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 
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emcdonald on DSK67QTVN1PROD with BILLS
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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 dis-
persed 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 obliga-
tion 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 es-
tablish 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, 
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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 regula-
tions in part 121 of title 13, Code of Federal Regu-
lations applicable to timber sale set asides, except 
that existing shares in effect on the date of enact-
ment of this Act shall apply until the next scheduled 
recomputation of shares. In implementing its pro-
gram that is consistent with such Memorandum of 
Understanding, the Board of Trustees shall utilize 
the Timber Sale Procedure Handbook and other ap-
plicable procedures of the Bureau of Land Manage-
ment, including the Operating Procedures for Con-
ducting the Five-Year Recomputation of Small Busi-
ness Share Percentages in effect on January 1, 
2013. 
(3) COMPETITIVE
BIDDING.—The Board of 
Trustees must sell timber on a competitive bid basis. 
No less than 50 percent of the total volume of tim-
ber 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.— 
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emcdonald on DSK67QTVN1PROD with BILLS
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(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 unproc-
essed timber for export by another person, or know-
ingly sells timber harvested from O&C Trust lands 
to a person who is disqualified from purchasing tim-
ber 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 dis-
qualified 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)). 
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226 
(f) INTEGRATED PEST, DISEASE, AND WEED MAN-
AGEMENT 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 Or-
egon 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 sup-
pression 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 pes-
ticides 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 
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