[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.
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