I 
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, Transpor-
tation 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 Representa-
tives 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. 
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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 obliga-
tions. 
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. 
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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 Appro-
priations Act, 2016 (Public Law 113–114) (before the 
short title), insert the following new section: 
‘‘SEC. 768. For each tobacco product which the Sec-
retary 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 require-
ments 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.’’. 
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TITLE II—COMMERCE, JUSTICE, 
SCIENCE, 
AND 
RELATED 
AGENCIES 
SEC. 201. GENERAL PROVISIONS. 
At the end of division B of the Consolidated Appro-
priations Act, 2016 (before the short title), insert the fol-
lowing 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 Assess-
ment, 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 Im-
pact 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 agree-
ment that establishes a limit on greenhouse gas emissions 
for the United States. The limitation described in this sec-
tion 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 
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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 Manage-
ment 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 pub-
lished in the Federal Register on May 1, 2015, or 
any other effort of the same substance that estab-
lishes 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 num-
ber of days recreational fishers are allowed to catch 
and retain at least 2 such fish each day in such Fed-
eral 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 Dis-
trict of Texas, No. 15–40238 in the United States Court 
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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 Migra-
tory 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 ex-
ports 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 Min-
istry 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 neph-
ew. 
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‘‘SEC. 551. None of the funds made available in this 
Act may be used to pay the salaries and expenses of per-
sonnel of the Department of Justice to negotiate or con-
clude a settlement with the Federal Government that in-
cludes terms requiring the defendant to donate or con-
tribute 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 Appropria-
tions Act, 2016— 
(1) redesignate sections 501 and 502 as sec-
tions 505 and 506, respectively; and 
(2) insert before the heading ‘‘FEDERAL COM-
MUNICATIONS 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, notwith-
standing section 1017 of Public Law 111–203— 
‘‘(1) the Board of Governors of the Federal Re-
serve System shall not transfer amounts specified 
under such section to the Bureau of Consumer Fi-
nancial Protection; and 
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‘‘(2) there are authorized to be appropriated to 
the Bureau of Consumer Financial Protection such 
sums as may be necessary to carry out the authori-
ties 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 ac-
cordance with section 1017 of Public Law 111–203, the 
Bureau of Consumer Financial Protection shall notify the 
Committees on Appropriations of the House of Represent-
atives and the Senate, the Committee on Financial Serv-
ices 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 Con-
sumer Financial Protection shall submit a report on its 
activities to the Committees on Appropriations of the 
House of Representatives and the Senate, the Committee 
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on Financial Services of the House of Representatives, 
and the Committee on Banking, Housing, and Urban Af-
fairs 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 equiva-
lents within each office for the remainder of the fis-
cal year; and 
‘‘(5) actions taken to achieve the goals, objec-
tives, and performance measures of each office. 
‘‘(c) At the request of any committee specified in sub-
section (a), the Bureau of Consumer Financial Protection 
shall make Bureau officials available to testify on the con-
tents of the reports required under subsection (a).’’. 
SEC. 302. GENERAL PROVISIONS. 
At the end of title VI of division E of the Consoli-
dated Appropriations Act, 2016, insert the following new 
sections: 
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‘‘SEC. 636. None of the funds made available by this 
Act may be used by the Internal Revenue Service to imple-
ment 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 Inter-
nal Revenue Service under the Patient Protection and Af-
fordable 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 deter-
mination, the Commissioner notifies the Committee 
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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 other-
wise made available in this Act may be obligated or ex-
pended to provide for the enforcement of any rule, regula-
tion, policy, or guideline implemented pursuant to the De-
partment of the Treasury Guidance for United States Po-
sitions 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-genera-
tion 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, 
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travel-related or other transactions incident to non-aca-
demic 
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, author-
ize, 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, author-
ize, 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 imme-
diate family member thereof. 
‘‘(b) The limitation on the use of funds under this 
section does not apply to financial transactions with re-
spect to exports of goods permitted under the Trade Sanc-
tions Reform and Export Enhancement Act of 2000 (22 
U.S.C. 7201 et seq.) or to payments in furtherance of the 
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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 neph-
ew. 
‘‘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 serv-
ice, regardless of whether such regulation takes the form 
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of requirements for future conduct or enforcement regard-
ing 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 Sta-
bility 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 fi-
nancial stability of the United States presented by 
the nonbank financial company and explains in suffi-
cient detail why regulatory action by the relevant 
primary financial regulatory agency would be insuffi-
cient to mitigate or prevent such risks; and 
‘‘(2) if the nonbank financial company presents 
a plan in a hearing conducted pursuant to sub-
section (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 
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‘‘(B) if the Financial Stability Oversight 
Council determines that such plan would ade-
quately mitigate the identified risk, the Coun-
cil— 
‘‘(i) approves such plan; and 
‘‘(ii) allows the nonbank financial 
company a reasonable period of time to im-
plement 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 Regu-
lations, 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 sub-
stantially 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 writ-
ten 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 tax-
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payer 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 REGULA-
TIONS THAT IMPOSE LEGAL OBLIGATIONS. 
At the end of title VII of division E of the Consoli-
dated 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 pro-
posed or final regulation, any standard, rule, guid-
ance, 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, inter-
pretation, 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 Appro-
priations Act, 2016 (before the short title), insert the fol-
lowing new sections: 
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‘‘SEC. 576. No funds, resources, or fees made avail-
able 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 De-
partment 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 pro-
hibits law enforcement officers of the State, or of the polit-
ical subdivision, from assisting or cooperating with Fed-
eral 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 re-
ceive, for a minimum period of at least 1 year, any Depart-
ment of Homeland Security grant funded under the head-
ing ‘Federal Emergency Management Agency, State and 
Local Programs’. 
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‘‘(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 sanc-
tuary city. 
‘‘(c)(1) Not later than March 1 of each year, the Sec-
retary 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 Com-
mittee on Appropriations of the House of Representatives, 
the Committee on the Judiciary of the Senate, or the Com-
mittee 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 subdivi-
sions of States that are not sanctuary cities. 
‘‘(e) Nothing in this section may be construed to re-
quire law enforcement officials from a State or political 
subdivision of a State to report or arrest victims or wit-
nesses of a criminal offense. 
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‘‘(f) This section shall take effect on the date of en-
actment 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 be-
ginning on the date of the enactment of the Article I Con-
solidated Appropriations Amendments, 2016, the Sec-
retary 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 En-
dangered Species Act of 1973 (16 U.S.C. 1531 et seq.). 
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‘‘NORTHERN LONG-EARED BAT 
‘‘SEC. 124. Before the end of the 60-day period be-
ginning on the date of the enactment of the Article I Con-
solidated Appropriations Amendments, 2016, the Sec-
retary of the Interior shall amend the interim rule per-
taining 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 in-
terim 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 de-
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picted 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 con-
structed 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 cor-
ridor’ means the road corridor designated under sub-
section (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 Con-
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servation Act (16 U.S.C. 1132 note; Public Law 96– 
487). 
‘‘(c) LAND EXCHANGE REQUIRED.— 
‘‘(1) IN GENERAL.—If the State offers to con-
vey to the Secretary all right, title, and interest of 
the State in and to the non-Federal land, the Sec-
retary 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 be-
tween the cities of King Cove and Cold Bay in 
the State to provide access to emergency med-
ical services via the all-weather airport in Cold 
Bay. 
‘‘(3) VALUATION, APPRAISALS, AND
EQUALI-
ZATION.— 
‘‘(A) IN GENERAL.—The value of the Fed-
eral land and the non-Federal land to be ex-
changed under this section— 
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‘‘(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 prac-
ticable 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 apprais-
als required under clause (i) shall be con-
ducted in accordance with nationally recog-
nized appraisal standards, including— 
‘‘(I) 
the 
Uniform 
Appraisal 
Standards for Federal Land Acquisi-
tions; and 
‘‘(II) the Uniform Standards of 
Professional Appraisal Practice. 
‘‘(C) EQUALIZATION.— 
‘‘(i) SURPLUS OF FEDERAL LAND.—If 
the final appraised value of the Federal 
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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 Sec-
retary, 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 ap-
praised 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.—Not-
withstanding section 206(b) of the Federal 
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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 envi-
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ronmental impact statement entitled ‘Izembek National 
Wildlife Refuge Land Exchange/Road Corridor Final En-
vironmental Impact Statement’ and dated February 5, 
2013. 
‘‘(e) REQUIREMENTS RELATING TO ROAD.—The re-
quirements relating to usage, barrier cables, and dimen-
sions and the limitation on support facilities under sub-
sections (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 Envi-
ronmental 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 Appro-
priations 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 lim-
ited to, air emissions from facilities that combust forest 
biomass for energy, on the principle that forest biomass 
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emissions do not increase overall carbon dioxide accumula-
tions 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 deter-
mine 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 im-
plementing Federal law.’’. 
SEC. 503. GENERAL PROVISIONS. 
At the end of division G of the Consolidated Appro-
priations Act, 2016 (before the short title), insert the fol-
lowing 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.). 
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‘‘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 Octo-
ber 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 en-
force— 
‘‘(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 Pro-
tection Agency’s determination that a technology is 
adequately demonstrated includes consideration of 
one or more facilities for which assistance is pro-
vided (including any tax credit) under subtitle A of 
title IV of the Energy Policy Act of 2005 (42 U.S.C. 
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15961 et seq.) or section 48A of the Internal Rev-
enue Code of 1986; 
‘‘(2) any regulation or guidance under section 
111(b) of the Clean Air Act (42 U.S.C. 7411(b)) es-
tablishing any standard of performance for emis-
sions of any greenhouse gas from any modified or 
reconstructed source that is a fossil fuel-fired elec-
tric 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 elec-
tric 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 Environ-
mental Protection Agency to propose, promulgate, imple-
ment, administer, or enforce a national primary or sec-
ondary 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. 
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‘‘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, admin-
ister, 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 do-
mestic-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 pro-
vide 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 
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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 sec-
tion 108(b) of the Comprehensive Environmental Re-
sponse, 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; Renova-
tion, Repair, and Painting Rule’), or any subsequent 
amendments to such regulations, until the Administrator 
of the Environmental Protection Agency publicizes Envi-
ronmental Protection Agency recognition of a commer-
cially 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 en-
force any regulation or guidance under section 612 of the 
Clean Air Act (42 U.S.C. 7671k) that changes the status 
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from acceptable to unacceptable for purposes of the Sig-
nificant New Alternatives Policy (SNAP) program of any 
hydrofluorocarbon used as a refrigerant or in foam blow-
ing agents, applications or uses. Nothing in this section 
shall prevent EPA from approving new materials, applica-
tions 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 en-
force 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 sub-
section (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 
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1910, 1915, or 1926 of title 29, Code of Federal Regula-
tions (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 De-
partment of Labor issued on September 12, 2013 (78 Fed. 
Reg. 56274), until— 
‘‘(1) a review is conducted after the date of en-
actment of this Act by a small business advocacy re-
view panel, pursuant to the Small Business Regu-
latory Enforcement Fairness Act of 1996 (5 U.S.C. 
601 note), and the panel delivers a report on the re-
view to the Assistant Secretary of Labor for Occupa-
tional Safety and Health; 
‘‘(2) the Secretary, acting through the Assist-
ant Secretary of Labor for Occupational Safety and 
Health, commissions an independent study, to be 
conducted by the National Academy of Sciences, ex-
amining— 
‘‘(A) the epidemiological justification of the 
Occupational Safety and Health Administration 
for proposing to reduce the occupational expo-
sure limits to respirable crystalline silica, estab-
lished by such Administration and in effect on 
the day before the date of enactment of this 
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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 publica-
tion of the NIOSH Manual of Analytical Meth-
ods, published by the National Institute for Oc-
cupational Safety and Health) to determine oc-
cupational exposures to respirable crystalline 
silica that are less than or equal to the occupa-
tional exposure limits and action levels for res-
pirable crystalline silica proposed by the Occu-
pational 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; 
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‘‘(E) the ability of various types of per-
sonal protective equipment to protect employees 
from occupational exposure to respirable crys-
talline 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 Assist-
ant Secretary, submits to the Committee on Appro-
priations, and the Committee on Health, Education, 
Labor, and Pensions, of the Senate, a report con-
taining the results of the independent study con-
ducted under paragraph (2). 
‘‘(b) Notwithstanding the funding limitation under 
subsection (a), from the funds appropriated to the Occu-
pational Safety and Health Administration for safety and 
health standards, $800,000 shall be made available to con-
duct 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 Ad-
ministration inspector shall not administer, enforce, or 
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otherwise implement any policy or interpretation of the 
Occupational Safety and Health Administration that al-
lows an individual affiliated with a third-party organiza-
tion to accompany such OSHA inspector on a walkaround 
inspection.’’. 
SEC. 602. DEPARTMENT OF HEALTH AND HUMAN SERV-
ICES. 
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 Rec-
onciliation 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 Consoli-
dated 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 regu-
lations on ‘Program Integrity: Gainful Employment’ pub-
lished by the Department of Education on October 31, 
2014 (79 Fed. Reg. 64889 et seq.); or 
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pendix setting forth the text of the bill referred to in sec-
tion 901, as revised pursuant to such section. 
Æ 
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