[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4371 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 4371

   To amend the Consolidated Appropriations Act, 2016, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 12, 2016

   Mr. Buck introduced the following bill; which was referred to the 
 Committee on Financial Services, and in addition to the Committees on 
  Energy and Commerce, Ways and Means, Foreign Affairs, Oversight and 
Government Reform, Natural Resources, the Judiciary, Homeland Security, 
    Transportation and Infrastructure, Education and the Workforce, 
  Agriculture, the Budget, and Rules, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To amend the Consolidated Appropriations Act, 2016, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Article I Consolidated 
Appropriations Amendments, 2016''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, 
                          AND RELATED AGENCIES

Sec. 101. Categorization and treatment of tobacco products.
       TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES

Sec. 201. General provisions.
          TITLE III--FINANCIAL SERVICES AND GENERAL GOVERNMENT

Sec. 301. Bureau of Consumer Financial Protection.
Sec. 302. General provisions.
Sec. 303. Governmentwide prohibition on regulations that impose legal 
                            obligations.
               TITLE IV--DEPARTMENT OF HOMELAND SECURITY

Sec. 401. General provisions.
 TITLE V--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES

Sec. 501. Department of the Interior.
Sec. 502. Environmental Protection Agency.
Sec. 503. General provisions.
    TITLE VI--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
                    EDUCATION, AND RELATED AGENCIES

Sec. 601. Department of Labor.
Sec. 602. Department of Health and Human Services.
Sec. 603. Department of Education.
Sec. 604. National Labor Relations Board.
 TITLE VII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED 
                                AGENCIES

Sec. 701. Housing Trust Fund.
Sec. 702. General provisions.
          TITLE VIII--ENFORCE THE LAW FOR SANCTUARY CITIES ACT

Sec. 801. Short title.
Sec. 802. Eligibility requirements for State Criminal Alien Assistance 
                            Program (SCAAP) funding.
Sec. 803. Limitation on DOJ grant programs.
         TITLE IX--FINANCIAL REGULATORY IMPROVEMENT ACT OF 2016

Sec. 901. Enactment.
Sec. 902. Publication of Act.

TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, 
                          AND RELATED AGENCIES

SEC. 101. CATEGORIZATION AND TREATMENT OF TOBACCO PRODUCTS.

    At the end of division A of the Consolidated Appropriations Act, 
2016 (Public Law 113-114) (before the short title), insert the 
following new section:
    ``Sec. 768.  For each tobacco product which the Secretary of Health 
and Human Services, by regulation under section 901(b) of the Federal 
Food, Drug, and Cosmetic Act, deems to be subject to chapter IX of such 
Act, none of the funds made available in this Act or any other Act may 
be used to treat any reference in sections 905 and 910 of such Act to 
February 15, 2007, as other than a reference to the effective date of 
the regulation under which a tobacco product is deemed subject to the 
requirements of such Act pursuant to section 901(b)(1) of such Act, and 
any reference in such sections to 21 months after the date of enactment 
of the Family Smoking Prevention and Tobacco Control Act as other than 
a reference to 21 months after the date of such final deeming 
regulation.''.

       TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES

SEC. 201. GENERAL PROVISIONS.

    At the end of division B of the Consolidated Appropriations Act, 
2016 (before the short title), insert the following new sections:
    ``Sec. 544.  None of the funds made available in this Act may be 
used to implement the United States Global Climate Research Program's 
National Climate Assessment, the Intergovernmental Panel on Climate 
Change's Fifth Assessment Report, the United Nation's Agenda 21 
sustainable development plan, or the May 2013 Technical Update of the 
Social Cost of Carbon for Regulatory Impact Analysis under Executive 
Order No. 12866.
    ``Sec. 545.  None of the funds made available by this Act may be 
used to negotiate or enter into a trade agreement that establishes a 
limit on greenhouse gas emissions for the United States. The limitation 
described in this section shall not apply in the case of the 
administration of a tax or tariff.
    ``Sec. 546.  None of the funds made available in this Act may be 
used to enforce section 221 of title 13, United States Code, with 
respect to the survey, conducted by the Secretary of Commerce, commonly 
referred to as the `American Community Survey'.
    ``Sec. 547.  None of the funds made available by this Act may be 
used by the National Oceanic and Atmospheric Administration to 
enforce--
            ``(1) Amendment 40 to the Fishery Management Plan for the 
        Reef Fish Resources of the Gulf of Mexico published in the 
        Federal Register on April 22, 2015, or any other effort of the 
        same substance; or
            ``(2) Red Snapper Management Measures published in the 
        Federal Register on May 1, 2015, or any other effort of the 
        same substance that establishes annual catch limits or annual 
        catch targets for Red Snapper that would result in the 
        commercial fishing for Red Snapper in the Federal waters of the 
        Gulf of Mexico lasting longer than 5 times the number of days 
        recreational fishers are allowed to catch and retain at least 2 
        such fish each day in such Federal waters.
    ``Sec. 548.  None of the funds made available by this Act may be 
used with respect to the case State of Texas, et al. v. United States 
of America, et al. (No. B-14-254 in the United States District Court 
for the Southern District of Texas, No. 15-40238 in the United States 
Court of Appeals for the Fifth Circuit), or the case United States v. 
Texas in the Supreme Court of the United States (Docket No. 15-674).
    ``Sec. 549.  None of the funds made available by this Act may be 
used to prosecute or hold liable any person or corporation for a 
violation of section 2(a) of the Migratory Bird Treaty Act (16 U.S.C. 
703(a)).
    ``Sec. 550. (a) No funds made available in this Act may be used to 
facilitate, permit, license, or promote exports to the Cuban military 
or intelligence service or to any officer of the Cuban military or 
intelligence service, or an immediate family member thereof.
    ``(b) This section does not apply to exports of goods permitted 
under the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 
U.S.C. 7201 et seq.).
    ``(c) In this section--
            ``(1) the term `Cuban military or intelligence service' 
        includes, but is not limited to, the Ministry of the 
        Revolutionary Armed Forces, and the Ministry of the Interior, 
        of Cuba, and any subsidiary of either such Ministry; and
            ``(2) the term `immediate family member' means a spouse, 
        sibling, son, daughter, parent, grandparent, grandchild, aunt, 
        uncle, niece, or nephew.
    ``Sec. 551.  None of the funds made available in this Act may be 
used to pay the salaries and expenses of personnel of the Department of 
Justice to negotiate or conclude a settlement with the Federal 
Government that includes terms requiring the defendant to donate or 
contribute funds to an organization or individual.''.

          TITLE III--FINANCIAL SERVICES AND GENERAL GOVERNMENT

SEC. 301. BUREAU OF CONSUMER FINANCIAL PROTECTION.

    In title V of division E of the Consolidated Appropriations Act, 
2016--
            (1) redesignate sections 501 and 502 as sections 505 and 
        506, respectively; and
            (2) insert before the heading ``Federal Communications 
        Commission'' the following:

               ``Bureau of Consumer Financial Protection

                      ``administrative provisions

    ``Sec. 501.  Section 1017(a)(2)(C) of Public Law 111-203 is 
repealed.
    ``Sec. 502.  Effective October 1, 2016, notwithstanding section 
1017 of Public Law 111-203--
            ``(1) the Board of Governors of the Federal Reserve System 
        shall not transfer amounts specified under such section to the 
        Bureau of Consumer Financial Protection; and
            ``(2) there are authorized to be appropriated to the Bureau 
        of Consumer Financial Protection such sums as may be necessary 
        to carry out the authorities of the Bureau under Federal 
        consumer financial law.
    ``Sec. 503. (a) During fiscal year 2016, on the date on which a 
request is made for a transfer of funds in accordance with section 1017 
of Public Law 111-203, the Bureau of Consumer Financial Protection 
shall notify the Committees on Appropriations of the House of 
Representatives and the Senate, the Committee on Financial Services of 
the House of Representatives, and the Committee on Banking, Housing, 
and Urban Affairs of the Senate of such request.
    ``(b)(1) Any such notification shall include the amount of the 
funds requested, an explanation of how the funds will be obligated by 
object class and activity, and why the funds are necessary to protect 
consumers.
    ``(2) Any notification required by this section shall be made 
available on the Bureau's public Web site.
    ``Sec. 504. (a) Not later than 2 weeks after the end of each 
quarter of each fiscal year, the Bureau of Consumer Financial 
Protection shall submit a report on its activities to the Committees on 
Appropriations of the House of Representatives and the Senate, the 
Committee on Financial Services of the House of Representatives, and 
the Committee on Banking, Housing, and Urban Affairs of the Senate.
    ``(b) The reports required under subsection (a) shall include--
            ``(1) the obligations made during the previous quarter by 
        object class, office, and activity;
            ``(2) the estimated obligations for the remainder of the 
        fiscal year by object class, office, and activity;
            ``(3) the number of full-time equivalents within each 
        office during the previous quarter;
            ``(4) the estimated number of full-time equivalents within 
        each office for the remainder of the fiscal year; and
            ``(5) actions taken to achieve the goals, objectives, and 
        performance measures of each office.
    ``(c) At the request of any committee specified in subsection (a), 
the Bureau of Consumer Financial Protection shall make Bureau officials 
available to testify on the contents of the reports required under 
subsection (a).''.

SEC. 302. GENERAL PROVISIONS.

    At the end of title VI of division E of the Consolidated 
Appropriations Act, 2016, insert the following new sections:
    ``Sec. 636.  None of the funds made available by this Act may be 
used by the Internal Revenue Service to implement or enforce section 
5000A of the Internal Revenue Code of 1986, section 6055 of such Code, 
section 1502(c) of the Patient Protection and Affordable Care Act 
(Public Law 111-148), or any amendments made by section 1502(b) of such 
Act.
    ``Sec. 637.  None of the funds made available by this Act may be 
used to pay the salaries or expenses of any individual to carry out any 
transfer of funds to the Internal Revenue Service under the Patient 
Protection and Affordable Care Act (Public Law 111-148) or the Health 
Care and Education Reconciliation Act of 2010 (Public Law 111-152).
    ``Sec. 638.  None of the funds made available by this Act may be 
used by the Internal Revenue Service to make a determination that a 
church, an integrated auxiliary of a church, or a convention or 
association of churches is not exempt from taxation for participating 
in, or intervening in, any political campaign on behalf of (or in 
opposition to) any candidate for public office unless--
            ``(1) the Commissioner of Internal Revenue consents to such 
        determination;
            ``(2) not later than 30 days after such determination, the 
        Commissioner notifies the Committee on Ways and Means of the 
        House of Representatives and the Committee on Finance of the 
        Senate of such determination; and
            ``(3) such determination is effective with respect to the 
        church, integrated auxiliary of a church, or convention or 
        association of churches not earlier than 90 days after the date 
        of the notification under paragraph (2).
Consent under paragraph (1) may not be delegated.
    ``Sec. 639.  None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended to provide for the 
enforcement of any rule, regulation, policy, or guideline implemented 
pursuant to the Department of the Treasury Guidance for United States 
Positions on MDBs Engaging with Developing Countries on Coal-Fired 
Power Generation dated October 29, 2013, when enforcement of such rule, 
regulation, policy, or guideline would prohibit, or have the effect of 
prohibiting, the carrying out of any coal-fired or other power-
generation project the purpose of which is to increase exports of goods 
and services from the United States or prevent the loss of jobs from 
the United States.
    ``Sec. 640.  None of the funds made available in this Act may be 
used to approve, license, facilitate, authorize, or otherwise allow, 
whether by general or specific license, travel-related or other 
transactions incident to non-academic educational exchanges described 
in section 515.565(b)(2) of title 31, Code of Federal Regulations.
    ``Sec. 641. (a) None of the funds made available by this Act may be 
used to approve, license, facilitate, authorize, or otherwise allow the 
use, purchase, trafficking, or import of property confiscated by the 
Cuban Government.
    ``(b) In this section, the terms `confiscated', `Cuban Government', 
`property', and `traffic' have the meanings given such terms in 
paragraphs (4), (5), (12)(A), and (13), respectively, of section 4 of 
the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 
U.S.C. 6023).
    ``Sec. 642. (a) None of the funds made available by this Act may be 
used to approve, license, facilitate, authorize, or otherwise allow any 
financial transaction with an entity owned or controlled, in whole or 
in part, by the Cuban military or intelligence service or with any 
officer of the Cuban military or intelligence service, or an immediate 
family member thereof.
    ``(b) The limitation on the use of funds under this section does 
not apply to financial transactions with respect to exports of goods 
permitted under the Trade Sanctions Reform and Export Enhancement Act 
of 2000 (22 U.S.C. 7201 et seq.) or to payments in furtherance of the 
lease agreement, or other financial transactions necessary for 
maintenance and improvements of the military base at Guantanamo Bay, 
Cuba, including any adjacent areas under the control or possession of 
the United States.
    ``(c) In this section--
            ``(1) the term `Cuban military' includes the Ministry of 
        the Revolutionary Armed Forces and the Ministry of the 
        Interior, and their subsidiaries; and
            ``(2) the term `immediate family' means a spouse, sibling, 
        child (adopted or otherwise), parent, grandparent, grandchild, 
        aunt, uncle, niece or nephew.
    ``Sec. 643.  None of the funds made available by this Act may be 
used to regulate, directly or indirectly, the prices, other fees, or 
data caps and allowances (as such terms are described in paragraph 164 
of the Report and Order on Remand, Declaratory Ruling, and Order in the 
matter of protecting and promoting the open Internet, adopted by the 
Federal Communications Commission on February 26, 2015 (FCC 15-24)) 
charged or imposed by providers of broadband Internet access service 
(as defined in the final rules in Appendix A of such Report and Order 
on Remand, Declaratory Ruling, and Order) for such service, regardless 
of whether such regulation takes the form of requirements for future 
conduct or enforcement regarding past conduct.
    ``Sec. 644.  None of the funds made available by this or any other 
Act may be used by the Financial Stability Oversight Council to make a 
determination, pursuant to subsection (a) or (b) of section 113 of the 
Financial Stability Act of 2010 (12 U.S.C. 5323), with respect to a 
nonbank financial company until--
            ``(1) the Financial Stability Oversight Council, in the 
        notice described in subsection (e)(1) of such section, 
        identifies with specificity the risks to the financial 
        stability of the United States presented by the nonbank 
        financial company and explains in sufficient detail why 
        regulatory action by the relevant primary financial regulatory 
        agency would be insufficient to mitigate or prevent such risks; 
        and
            ``(2) if the nonbank financial company presents a plan in a 
        hearing conducted pursuant to subsection (e)(2) of such section 
        to modify its business, structure, or operations in order to 
        mitigate the risks identified in such a notice--
                    ``(A) the Financial Stability Oversight Council 
                makes a determination as to whether such plan, if 
                implemented, adequately mitigates the identified risks; 
                and
                    ``(B) if the Financial Stability Oversight Council 
                determines that such plan would adequately mitigate the 
                identified risk, the Council--
                            ``(i) approves such plan; and
                            ``(ii) allows the nonbank financial company 
                        a reasonable period of time to implement such 
                        plan.
    ``Sec. 645. (a) None of the funds made available by this or any 
other Act may be used to employ a contractor to carry out or otherwise 
participate in activities described in section 301.7602-1T of title 26, 
Code of Federal Regulations, or any substantially similar regulation.
    ``(b) None of the funds made available by this or any other Act may 
be used to promulgate a final regulation based on the notice of 
proposed rulemaking published by the Internal Revenue Service in the 
Federal Register on June 18, 2014 (79 Fed. Reg. 34668 et seq.), or any 
substantially similar regulation.
    ``Sec. 646.  None of the funds made available by this or any other 
Act may be used to implement, administer, or enforce any requirement 
that a contemporaneous written acknowledgment of a charitable 
contribution by a donee organization under subsection (f)(8)(A) of 
section 170 of the Internal Revenue Code of 1986 include the taxpayer 
identification number or social security number of a donee in order for 
the donee to be allowed a deduction under subsection (a) of such 
section.''.

SEC. 303. GOVERNMENTWIDE PROHIBITION ON REGULATIONS THAT IMPOSE LEGAL 
              OBLIGATIONS.

    At the end of title VII of division E of the Consolidated 
Appropriations Act, 2016, insert the following new section:
    ``Sec. 752.  None of the funds made available by this or any other 
Act may be used to--
            ``(1) publish in the Federal Register any proposed or final 
        regulation, any standard, rule, guidance, interpretation, or 
        order that has the effect of imposing a legal obligation; or
            ``(2) publish in any other media or in any other way 
        disseminate any standard, rule, guidance, interpretation, or 
        order that has the effect of imposing a legal obligation.''.

               TITLE IV--DEPARTMENT OF HOMELAND SECURITY

SEC. 401. GENERAL PROVISIONS.

    At the end of division F of the Consolidated Appropriations Act, 
2016 (before the short title), insert the following new sections:
    ``Sec. 576.  No funds, resources, or fees made available to the 
Secretary of Homeland Security, or to any other official of a Federal 
agency, by this Act or any other Act for any fiscal year, including any 
deposits into the `Immigration Examinations Fee Account' established 
under section 286(m) of the Immigration and Nationality Act (8 U.S.C. 
1356(m)), may be obligated to expand the existing Deferred Action for 
Childhood Arrivals or newly proposed Deferred Action for Parents of 
Americans and Lawful Permanent Residents as outlined in memoranda 
signed November 20, 2014, by the Secretary of the Department of 
Homeland Security.
    ``Sec. 577. (a) In this section, the term `sanctuary city' means a 
State or a political subdivision of a State that has in place a 
statute, policy, or practice that prohibits law enforcement officers of 
the State, or of the political subdivision, from assisting or 
cooperating with Federal immigration law enforcement in the course of 
carrying out the officers' routine law enforcement duties.
    ``(b)(1) A sanctuary city shall not be eligible to receive, for a 
minimum period of at least 1 year, any Department of Homeland Security 
grant funded under the heading `Federal Emergency Management Agency, 
State and Local Programs'.
    ``(2) A jurisdiction that is found to be a sanctuary city shall 
only become eligible to receive funds or grants under paragraph (b)(1) 
after the Secretary of Homeland Security certifies that the 
jurisdiction is no longer a sanctuary city.
    ``(c)(1) Not later than March 1 of each year, the Secretary of 
Homeland Security shall determine which States or political 
subdivisions of a State are sanctuary cities and shall report to 
Congress such determinations.
    ``(2) The Secretary of Homeland Security shall issue a report 
concerning the compliance of any particular State or political 
subdivision of a State at the request of the Committee on 
Appropriations of the Senate, the Committee on Appropriations of the 
House of Representatives, the Committee on the Judiciary of the Senate, 
or the Committee on the Judiciary of the House of Representatives.
    ``(d) Any funds that are not allocated to a sanctuary city, due to 
the jurisdiction's designation as a sanctuary city, shall be 
reallocated to the States and political subdivisions of States that are 
not sanctuary cities.
    ``(e) Nothing in this section may be construed to require law 
enforcement officials from a State or political subdivision of a State 
to report or arrest victims or witnesses of a criminal offense.
    ``(f) This section shall take effect on the date of enactment of 
the Article I Consolidated Appropriations Amendments, 2016.''.

 TITLE V--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES

SEC. 501. DEPARTMENT OF THE INTERIOR.

    At the end of title I of division G of the Consolidated 
Appropriations Act, 2016 (before the short title), insert the following 
new sections:

                      ``reissuance of final rules

    ``Sec. 122. Before the end of the 60-day period beginning on the 
date of the enactment of the Article I Consolidated Appropriations 
Amendments, 2016, the Secretary of the Interior shall reissue the final 
rule published on December 28, 2011 (76 Fed. Reg. 81666 et seq.), and 
the final rule published on September 10, 2012 (77 Fed. Reg. 55530 et 
seq.), without regard to any other provision of statute or regulation 
that applies to issuance of such rules. Such reissuances (including 
this section) shall not be subject to judicial review.

                        ``lesser prairie chicken

    ``Sec. 123. None of the funds made available by this Act shall be 
used to implement or enforce the threatened species listing of the 
lesser prairie chicken under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.).

                       ``northern long-eared bat

    ``Sec. 124. Before the end of the 60-day period beginning on the 
date of the enactment of the Article I Consolidated Appropriations 
Amendments, 2016, the Secretary of the Interior shall amend the interim 
rule pertaining to the northern long-eared bat published by the 
Department of the Interior in the Federal Register on April 2, 2015 (80 
Fed. Reg. 17974 et seq.), only in such a way that--
            ``(1) take incidental to any activity conducted in 
        accordance with the habitat conservation measures identified at 
        pages 18024 to 18205 of volume 80 of the Federal Register 
        (April 2, 2015), as applicable, is not prohibited; and
            ``(2) the public comment period for such interim rule is 
        reopened for not less than 90 days.

                     ``king cove road land exchange

    ``Sec. 125.  (a) Finding.--Congress finds that the land exchange 
required under this section (including the designation of the road 
corridor and the construction of the road along the road corridor) is 
in the public interest.
    ``(b) Definitions.--In this section:
            ``(1) Federal land.--
                    ``(A) In general.--The term `Federal land' means 
                the approximately 206 acres of Federal land located 
                within the Refuge as depicted on the map entitled 
                `Project Area Map' and dated September 2012.
                    ``(B) Inclusion.--The term `Federal land' includes 
                the 131 acres of Federal land in the Wilderness, which 
                shall be used for the road corridor along which the 
                road is to be constructed in accordance with subsection 
                (c)(2).
            ``(2) Non-federal land.--The term `non-Federal land' means 
        the approximately 43,093 acres of land owned by the State as 
        depicted on the map entitled `Project Area Map' and dated 
        September 2012.
            ``(3) Refuge.--The term `Refuge' means the Izembek National 
        Wildlife Refuge in the State.
            ``(4) Road corridor.--The term `road corridor' means the 
        road corridor designated under subsection (c)(2)(A).
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
            ``(6) State.--The term `State' means the State of Alaska.
            ``(7) Wilderness.--The term `Wilderness' means the Izembek 
        Wilderness designated by section 702(6) of the Alaska National 
        Interest Lands Conservation Act (16 U.S.C. 1132 note; Public 
        Law 96-487).
    ``(c) Land Exchange Required.--
            ``(1) In general.--If the State offers to convey to the 
        Secretary all right, title, and interest of the State in and to 
        the non-Federal land, the Secretary shall convey to the State 
        all right, title, and interest of the United States in and to 
        the Federal Land.
            ``(2) Use of federal land.--The Federal land shall be 
        conveyed to the State for the purposes of--
                    ``(A) designating a road corridor through the 
                Refuge; and
                    ``(B) constructing a noncommercial single-lane 
                gravel road along the road corridor between the cities 
                of King Cove and Cold Bay in the State to provide 
                access to emergency medical services via the all-
                weather airport in Cold Bay.
            ``(3) Valuation, appraisals, and equalization.--
                    ``(A) In general.--The value of the Federal land 
                and the non-Federal land to be exchanged under this 
                section--
                            ``(i) shall be equal, as determined by 
                        appraisals conducted in accordance with 
                        subparagraph (B); or
                            ``(ii) if not equal, shall be equalized in 
                        accordance with subparagraph (C).
                    ``(B) Appraisals.--
                            ``(i) In general.--As soon as practicable 
                        after the date of enactment of the Article I 
                        Consolidated Appropriations Amendments, 2016, 
                        the Secretary and State shall select an 
                        appraiser to conduct appraisals of the Federal 
                        land and non-Federal land.
                            ``(ii) Requirements.--The appraisals 
                        required under clause (i) shall be conducted in 
                        accordance with nationally recognized appraisal 
                        standards, including--
                                    ``(I) the Uniform Appraisal 
                                Standards for Federal Land 
                                Acquisitions; and
                                    ``(II) the Uniform Standards of 
                                Professional Appraisal Practice.
                    ``(C) Equalization.--
                            ``(i) Surplus of federal land.--If the 
                        final appraised value of the Federal land 
                        exceeds the final appraised value of the non-
                        Federal land to be conveyed under the land 
                        exchange under this section, the value of the 
                        Federal land and non-Federal land shall be 
                        equalized--
                                    ``(I) by conveying additional non-
                                Federal land in the State to the 
                                Secretary, subject to the approval of 
                                the Secretary;
                                    ``(II) by the State making a cash 
                                payment to the United States; or
                                    ``(III) by using a combination of 
                                the methods described in subclauses (I) 
                                and (II).
                            ``(ii) Surplus of non-federal land.--If the 
                        final appraised value of the non-Federal land 
                        exceeds the final appraised value of the 
                        Federal land to be conveyed under the land 
                        exchange under this section, the value of the 
                        Federal land and non-Federal land shall be 
                        equalized by the State adjusting the acreage of 
                        the non-Federal land to be conveyed.
                            ``(iii) Amount of payment.--Notwithstanding 
                        section 206(b) of the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1716(b)), the 
                        Secretary may accept a payment under clause 
                        (i)(II) in excess of 25 percent of the value of 
                        the Federal land conveyed.
            ``(4) Administration.--On completion of the exchange of 
        Federal land and non-Federal land under this section--
                    ``(A) the boundary of the Wilderness shall be 
                modified to exclude the Federal land; and
                    ``(B) the non-Federal land shall be--
                            ``(i) added to the Wilderness; and
                            ``(ii) administered in accordance with--
                                    ``(I) the Wilderness Act (16 U.S.C. 
                                1131 et seq.); and
                                    ``(II) other applicable laws.
            ``(5) Deadline.--The land exchange under this section shall 
        be completed not later than 90 days after the date of enactment 
        of the Article I Consolidated Appropriations Amendments, 2016.
    ``(d) Route of Road Corridor.--The route of the road corridor shall 
follow the southern road alignment as described in the alternative 
entitled `Alternative 2-Land Exchange and Southern Road Alignment' in 
the final environmental impact statement entitled `Izembek National 
Wildlife Refuge Land Exchange/Road Corridor Final Environmental Impact 
Statement' and dated February 5, 2013.
    ``(e) Requirements Relating to Road.--The requirements relating to 
usage, barrier cables, and dimensions and the limitation on support 
facilities under subsections (a) and (b) of section 6403 of the Omnibus 
Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1180) 
shall apply to the road constructed in the road corridor.
    ``(f) Effect.--The exchange of Federal land and non-Federal land 
under this section shall not constitute a major Federal action for 
purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.).''.

SEC. 502. ENVIRONMENTAL PROTECTION AGENCY.

    In title II of division G of the Consolidated Appropriations Act, 
2016, under the heading ``Administrative Provisions--Environmental 
Protection Agency'', insert after the fifth paragraph the following:
    ``The Administrator of the Environmental Protection Agency shall 
base agency policies and actions regarding air emissions from forest 
biomass including, but not limited to, air emissions from facilities 
that combust forest biomass for energy, on the principle that forest 
biomass emissions do not increase overall carbon dioxide accumulations 
in the atmosphere when USDA Forest Inventory and Analysis data show 
that forest carbon stocks in the U.S. are stable or increasing on a 
national scale, or when forest biomass is derived from mill residuals, 
harvest residuals or forest management activities. Such policies and 
actions shall not pre-empt existing authorities of States to determine 
how to utilize biomass as a renewable energy source and shall not 
inhibit States' authority to apply the same policies to forest biomass 
as other renewable fuels in implementing Federal law.''.

SEC. 503. GENERAL PROVISIONS.

    At the end of division G of the Consolidated Appropriations Act, 
2016 (before the short title), insert the following new sections:

                 ``limitation on payment of legal fees

    ``Sec. 428. None of the funds made available by this Act may be 
used to pay legal fees pursuant to a settlement in any case, in which 
the Federal Government is a party, that arises under--
            ``(1) the Clean Air Act (42 U.S.C. 7401 et seq.);
            ``(2) the Federal Water Pollution Control Act (33 U.S.C. 
        1251 et seq.); or
            ``(3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.).

                     ``waters of the united states

    ``Sec. 429. None of the funds made available in this Act or any 
other Act for any fiscal year may be used to develop, adopt, implement, 
administer, or enforce any change to the regulations and guidance in 
effect on October 1, 2012, pertaining to the definition of waters under 
the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.), including the provisions of the rules dated November 13, 
1986, and August 25, 1993, relating to said jurisdiction, and the 
guidance documents dated January 15, 2003, and December 2, 2008, 
relating to said jurisdiction.

                               ``ghg nsps

    ``Sec. 430. None of the funds made available by this Act shall be 
used to propose, finalize, implement, or enforce--
            ``(1) any standard of performance under section 111(b) of 
        the Clean Air Act (42 U.S.C. 7411(b)) for any new fossil fuel-
        fired electricity utility generating unit if the Administrator 
        of the Environmental Protection Agency's determination that a 
        technology is adequately demonstrated includes consideration of 
        one or more facilities for which assistance is provided 
        (including any tax credit) under subtitle A of title IV of the 
        Energy Policy Act of 2005 (42 U.S.C. 15961 et seq.) or section 
        48A of the Internal Revenue Code of 1986;
            ``(2) any regulation or guidance under section 111(b) of 
        the Clean Air Act (42 U.S.C. 7411(b)) establishing any standard 
        of performance for emissions of any greenhouse gas from any 
        modified or reconstructed source that is a fossil fuel-fired 
        electric utility generating unit; or
            ``(3) any regulation or guidance under section 111(d) of 
        the Clean Air Act (42 U.S.C. 7411(d)) that applies to the 
        emission of any greenhouse gas by an existing source that is a 
        fossil fuel-fired electric utility generating unit.

                      ``limitation on use of funds

    ``Sec. 431. None of the funds made available by this Act may be 
used by the Administrator of the Environmental Protection Agency to 
propose, promulgate, implement, administer, or enforce a national 
primary or secondary ambient air quality standard for ozone that is 
lower than the standard established under section 50.15 of title 40, 
Code of Federal Regulations (as in effect on July 2, 2014), until at 
least 85 percent of the counties that were nonattainment areas under 
that standard as of July 2, 2014, achieve full compliance with that 
standard.

                     ``definition of fill material

    ``Sec. 432. None of the funds made available in this Act or any 
other Act may be used by the Environmental Protection Agency to 
develop, adopt, implement, administer, or enforce any change to the 
regulations in effect on October 1, 2012, pertaining to the definitions 
of the terms `fill material' or `discharge of fill material' for the 
purposes of the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.).

                        ``social cost of carbon

    ``Sec. 433. None of the funds made available by this or any other 
Act shall be used for the social cost of carbon (SCC) to be 
incorporated into any rulemaking or guidance document until a new 
Interagency Working Group (IWG) revises the estimates using the 
discount rates and the domestic-only limitation on benefits estimates 
in accordance with Executive Order 12866 and OMB Circular A-4 as of 
January 1, 2015: Provided, That such IWG shall provide to the public 
all documents, models, and assumptions used in developing the SCC and 
solicit public comment prior to finalizing any revised estimates.

                         ``hydraulic fracturing

    ``Sec. 434. None of the funds made available by this or any other 
Act may be used to implement, administer, or enforce the final rule 
entitled `Hydraulic Fracturing on Federal and Indian Lands' as 
published in the Federal Register on March 26, 2015, and March 30, 2015 
(80 Fed. Reg. 16127 and 16577, respectively).

                         ``financial assurance

    ``Sec. 435. None of the funds made available by this Act may be 
used to develop, propose, finalize, implement, enforce, or administer 
any regulation that would establish new financial responsibility 
requirements pursuant to section 108(b) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9608(b)).

                            ``lead test kit

    ``Sec. 436. None of the funds made available by this Act may be 
used to implement or enforce regulations under subpart E of part 745 of 
title 40, Code of Federal Regulations (commonly referred to as the 
`Lead; Renovation, Repair, and Painting Rule'), or any subsequent 
amendments to such regulations, until the Administrator of the 
Environmental Protection Agency publicizes Environmental Protection 
Agency recognition of a commercially available lead test kit that meets 
both criteria under section 745.88(c) of title 40, Code of Federal 
Regulations.

                     ``limitation on status changes

    ``Sec. 437. None of the funds made available by this Act shall be 
used to propose, finalize, implement, or enforce any regulation or 
guidance under section 612 of the Clean Air Act (42 U.S.C. 7671k) that 
changes the status from acceptable to unacceptable for purposes of the 
Significant New Alternatives Policy (SNAP) program of any 
hydrofluorocarbon used as a refrigerant or in foam blowing agents, 
applications or uses. Nothing in this section shall prevent EPA from 
approving new materials, applications or uses as acceptable under the 
SNAP program.''.

    TITLE VI--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
                    EDUCATION, AND RELATED AGENCIES

SEC. 601. DEPARTMENT OF LABOR.

    At the end of title I of division H of the Consolidated 
Appropriations Act, 2016 (before the short title), insert the following 
new sections:
    ``Sec. 115.  None of the funds made available by this Act may be 
used to finalize, implement, administer, or enforce the proposed 
Definition of the Term `Fiduciary'; Conflict of Interest Rule--
Retirement Investment Advice regulation published by the Department of 
Labor in the Federal Register on April 20, 2015 (80 Fed. Reg. 21928 et 
seq.).
    ``Sec. 116. (a) Subject to the requirement under subsection (b), 
none of the funds appropriated or otherwise made available by this Act 
may be used to promulgate or implement any rule, standard, or policy 
amending part 1910, 1915, or 1926 of title 29, Code of Federal 
Regulations (as in effect on the day before the date of enactment of 
this Act), related to occupational exposure to respirable crystalline 
silica, including the proposed rulemaking by the Occupational Safety 
and Health Administration of the Department of Labor issued on 
September 12, 2013 (78 Fed. Reg. 56274), until--
            ``(1) a review is conducted after the date of enactment of 
        this Act by a small business advocacy review panel, pursuant to 
        the Small Business Regulatory Enforcement Fairness Act of 1996 
        (5 U.S.C. 601 note), and the panel delivers a report on the 
        review to the Assistant Secretary of Labor for Occupational 
        Safety and Health;
            ``(2) the Secretary, acting through the Assistant Secretary 
        of Labor for Occupational Safety and Health, commissions an 
        independent study, to be conducted by the National Academy of 
        Sciences, examining--
                    ``(A) the epidemiological justification of the 
                Occupational Safety and Health Administration for 
                proposing to reduce the occupational exposure limits to 
                respirable crystalline silica, established by such 
                Administration and in effect on the day before the date 
                of enactment of this Act, including consideration of 
                the prevalence or lack of disease and mortality 
                associated with such occupational exposure limits;
                    ``(B) the ability of sampling methods to collect 
                samples of respirable crystalline silica and 
                laboratories to measure such samples (in a manner that 
                meets the criteria for accuracy and precision contained 
                in the most recent publication of the NIOSH Manual of 
                Analytical Methods, published by the National Institute 
                for Occupational Safety and Health) to determine 
                occupational exposures to respirable crystalline silica 
                that are less than or equal to the occupational 
                exposure limits and action levels for respirable 
                crystalline silica proposed by the Occupational Safety 
                and Health Administration as of the day before the date 
                of enactment of this Act;
                    ``(C) the ability of regulated industries to comply 
                with such occupational exposure limits or action 
                levels;
                    ``(D) the steady decline in silicosis related 
                mortality rates based on data maintained by the Centers 
                for Disease Control and Prevention;
                    ``(E) the ability of various types of personal 
                protective equipment to protect employees from 
                occupational exposure to respirable crystalline silica; 
                and
                    ``(F) the costs of the different types of such 
                personal protective equipment as compared to the costs 
                of engineering and work practice controls related to 
                such equipment; and
            ``(3) the Secretary, acting through such Assistant 
        Secretary, submits to the Committee on Appropriations, and the 
        Committee on Health, Education, Labor, and Pensions, of the 
        Senate, a report containing the results of the independent 
        study conducted under paragraph (2).
    ``(b) Notwithstanding the funding limitation under subsection (a), 
from the funds appropriated to the Occupational Safety and Health 
Administration for safety and health standards, $800,000 shall be made 
available to conduct the independent study under subsection (a)(2) and 
submit the report under subsection (a)(3), which report shall be 
submitted by not later than 1 year after the date of enactment of the 
Article I Consolidated Appropriations Amendments, 2016.
    ``Sec. 117.  An Occupational Safety and Health Administration 
inspector shall not administer, enforce, or otherwise implement any 
policy or interpretation of the Occupational Safety and Health 
Administration that allows an individual affiliated with a third-party 
organization to accompany such OSHA inspector on a walkaround 
inspection.''.

SEC. 602. DEPARTMENT OF HEALTH AND HUMAN SERVICES.

    At the end of title II of division H of the Consolidated 
Appropriations Act, 2016, insert the following new section:
    ``Sec. 232.  None of the funds made available by this or any other 
Act may be used to carry out the provisions of the Patient Protection 
and Affordable Care Act (Public Law 111-148) or the Health Care and 
Education Reconciliation Act of 2010 (Public Law 111-152), or the 
amendments made by such provisions of either Act.''.

SEC. 603. DEPARTMENT OF EDUCATION.

    At the end of title III of division H of the Consolidated 
Appropriations Act, 2016, insert the following new section:
    ``Sec. 314.  None of the funds made available by this Act may be 
used to--
    ``(a) implement, administer, or enforce the final regulations on 
`Program Integrity: Gainful Employment' published by the Department of 
Education on October 31, 2014 (79 Fed. Reg. 64889 et seq.); or
    ``(b) promulgate or enforce any new regulation or rule with respect 
to the definition or application of the term `gainful employment' under 
the Higher Education Act of 1965 on or after the date of enactment of 
the Article I Consolidated Appropriations Amendments, 2016.''.

SEC. 604. NATIONAL LABOR RELATIONS BOARD.

    In title IV of division H of the Consolidated Appropriations Act, 
2016, insert after section 408 the following new sections:
    ``Sec. 409.  None of the funds made available by this Act may be 
used to implement or enforce any rule amending parts 101, 102, and 103 
of title 29, Code of Federal Regulations (relating to the filing and 
processing of petitions pursuant to the representation of employees for 
the purposes of collective bargaining with their employer), including 
the final rule published by the National Labor Relations Board in the 
Federal Register on December 15, 2014 (79 Fed. Reg. 74308).
    ``Sec. 410.  None of the funds made available by this Act may be 
used to investigate, issue, enforce or litigate any administrative 
directive, regulation, representation issue or unfair labor practice 
proceeding or any other administrative complaint, charge, claim or 
proceeding that would change the interpretation or application of a 
standard to determine whether entities are `joint employers' in effect 
as of January 1, 2014.''.

 TITLE VII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED 
                                AGENCIES

SEC. 701. HOUSING TRUST FUND.

    In title II of division L of the Consolidated Appropriations Act, 
2016, under the heading ``Community Planning and Development--Home 
Investment Partnerships Program'', insert at the end before the period 
the following:
``: Provided further, That notwithstanding paragraph (1)(B)(i) or 
(2)(B)(i) of section 1337(a) of the Housing and Community Development 
Act of 1992 (12 U.S.C. 4567(a)), amounts allocated under such 
paragraphs shall be credited to, made available, and merged with this 
account: Provided further, That no amounts made available by any 
provision of law may be transferred, reprogrammed, or credited to the 
Housing Trust Fund''.

SEC. 702. GENERAL PROVISIONS.

    At the end of division L of the Consolidated Appropriations Act, 
2016 (before the short title), insert the following new sections:
    ``Sec. 422.  Section 31111(b)(1)(A) of title 49, United States 
Code, is amended by striking `or of less than 28 feet on a semitrailer 
or trailer operating in a truck tractor-semitrailer-trailer 
combination,' and inserting `or, notwithstanding section 31112, of less 
than 33 feet on a semitrailer or trailer operating in a truck tractor-
semitrailer-trailer combination,'.
    ``Sec. 423.  Notwithstanding any other provision of law, none of 
the funds appropriated or made available under this Act shall be used 
to finalize or implement sections 256.1 through 256.5 and 399.80 of the 
Department of Transportation's proposed rulemaking, as published in the 
Federal Register on Friday, May 23, 2014 (79 Fed. Reg. 29969), relating 
to Transparency of Airline Ancillary Fees and Other Consumer Protection 
Issues.
    ``Sec. 424.  None of the funds made available by this Act may be 
used to carry out the rule entitled `Affirmatively Furthering Fair 
Housing', published by the Department of Housing and Urban Development 
in the Federal Register on July 19, 2013 (78 Fed. Reg. 43710; Docket 
No. FR-5173-P-01), or to carry out the notice entitled `Affirmatively 
Furthering Fair Housing Assessment Tool', published by the Department 
of Housing and Urban Development in the Federal Register on September 
26, 2014 (79 Fed. Reg. 57949; Docket No. FR-5173-02).''.

          TITLE VIII--ENFORCE THE LAW FOR SANCTUARY CITIES ACT

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Enforce the Law for Sanctuary 
Cities Act''.

SEC. 802. ELIGIBILITY REQUIREMENTS FOR STATE CRIMINAL ALIEN ASSISTANCE 
              PROGRAM (SCAAP) FUNDING.

    Section 241(i) of the Immigration and Nationality Act (8 U.S.C. 
1231(i)) is amended by adding at the end the following:
            ``(7) A State (or a political subdivision of a State) shall 
        not be eligible to enter into a contractual arrangement under 
        paragraph (1) if the State (or political subdivision)--
                    ``(A) has in effect any law, policy, or procedure 
                in contravention of subsection (a) or (b) of section 
                642 of the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (8 U.S.C. 1373); or
                    ``(B) prohibits State or local law enforcement 
                officials from gathering information regarding the 
                citizenship or immigration status, lawful or unlawful, 
                of any individual.''.

SEC. 803. LIMITATION ON DOJ GRANT PROGRAMS.

    (a) COPS.--In the case of a State or unit of local government that 
received a grant award under part Q of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), if, 
during a fiscal year, that State or local government is a State or 
local government described in subsection (c), the Attorney General 
shall withhold all of the amount that would otherwise be awarded to 
that State or unit of local government for the following fiscal year.
    (b) Byrne-JAG.--In the case of a State or unit of local government 
that received a grant award under subpart 1 of part E of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et 
seq.), if, during a fiscal year, that State or unit of local government 
is described in subsection (c), the Attorney General shall withhold all 
of the amount that would otherwise be awarded to that State or unit of 
local government for the following fiscal year.
    (c) States and Local Governments Described.--A State or unit of 
local government described in this subsection is any State or local 
government that--
            (1) has in effect any law, policy, or procedure in 
        contravention of subsection (a) or (b) of section 642 of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1373); or
            (2) prohibits State or local law enforcement officials from 
        gathering information regarding the citizenship or immigration 
        status, lawful or unlawful, of any individual.

         TITLE IX--FINANCIAL REGULATORY IMPROVEMENT ACT OF 2016

SEC. 901. ENACTMENT.

    (a) In General.--The provisions of title IX of S. 1910, One Hundred 
Fourteenth Congress, as introduced in the Senate on July 30, 2015, are 
hereby enacted into law with the revisions described in subsection (b).
    (b) Revisions.--Sections 901 and 965(k)(1) of the provisions 
described in subsection (a) are revised by striking ``Financial 
Regulatory Improvement Act of 2015'' and inserting ``Financial 
Regulatory Improvement Act of 2016''.

SEC. 902. PUBLICATION OF ACT.

    In publishing this Act in slip form and in the United States 
Statutes at Large pursuant to section 112 of title 1, United States 
Code, the Archivist of the United States shall include after the date 
of approval at the end an appendix setting forth the text of the bill 
referred to in section 901, as revised pursuant to such section.
                                 <all>