I
104TH CONGRESS
1ST SESSION
H. R. 2367
To amend the Clean Air Act to further protect and enhance the public
interest by ensuring an orderly transition from chlorofluorocarbons
(CFCs) and halons to substitute compounds, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 20, 1995
Mr. DOOLITTLE (for himself, Mr. STUMP, Mr. BRYANT of Tennessee, Mr.
HAYWORTH, Mr. BOEHNER, Mr. DORNAN, Mr. BARTLETT of Maryland,
Mr. SKEEN, Mr. EMERSON, Mr. UNDERWOOD, and Mr. SHADEGG) intro-
duced the following bill; which was referred to the Committee on Com-
merce, and in addition to the Committee on Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the commit-
tee concerned
A BILL
To amend the Clean Air Act to further protect and enhance
the public interest by ensuring an orderly transition from
chlorofluorocarbons (CFCs) and halons to substitute
compounds, 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. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds that—
(1) the accelerated phaseout of production and
consumption of chlorofluorocarbons and halons is
not justified by scientific evidence and poses an un-
just burden on owners of air-conditioning and refrig-
eration equipment; and
(2) scientific evidence demonstrates that limited
production and consumption of chlorofluorocarbons
and halons beyond the current January 1, 1996
deadline until January 1, 2000, will not substan-
tially affect the environment.
(b) PURPOSE.—The purpose of this Act is to provide
for the prohibition of chlorofluorocarbon and halon pro-
duction and consumption in accordance with the original
schedule set forth in the Clean Air Act Amendments of
1990.
SEC. 2. AMENDMENT OF CLEAN AIR ACT.
(a) PHASE-OUT SCHEDULE.—Section 604 of the
Clean Air Act is amended by adding the following at the
end thereof:
‘‘(h) PHASE-OUT SCHEDULE.—Notwithstanding sec-
tion 606 or any other provision of law, the Administrator
shall, within 60 days of enactment of this subsection, pro-
mulgate 
regulations 
allowing 
the 
production 
of
chlorofluorocarbons and halons listed as class I substances
to the extent such production does not exceed the limita-
tions set forth in subsection (a). Any unused allowances
of any producer or consumer shall be equitably redistrib-
uted to other producers and consumers. Such new regula-
tions shall supersede any previous regulation relating to
the phase-out of the production or consumption of
chlorofluorocarbons and halons listed as class I sub-
stances.’’.
(b) CONFORMING AMENDMENTS.—
(1) NO
AUTHORITY
TO
ACCELERATE
SCHED-
ULE.—Section 606 of such Act is amended by add-
ing the following new subsection at the end thereof:
‘‘(c) 
PHASE-OUT
SCHEDULE
FOR
CHLOROFLUOROCARBONS AND HALONS.—The provisions
of this section shall not apply to the chlorofluorocarbons
and halons referred to in section 604(h).’’.
(2) AUTHORITY OF ADMINISTRATOR.—Section
615 of such Act is amended by adding the following
at the end thereof: ‘‘The provisions of this section
shall not be construed to authorize the Adminis-
trator to accelerate the phase-out schedule for
chlorofluorocarbons and halons referred to in section
604(h).’’.
SEC. 3. RESTORATION OF PRIOR LAW IN DETERMINING
BASE TAX AMOUNT FOR EXCISE TAX ON
OZONE-DEPLETING CHEMICALS.
(a) IN GENERAL.—Subparagraph (B) of section
4681(b)(1) of the Internal Revenue Code of 1986 (relating
to amount of tax) is amended to read as follows:
‘‘(B) BASE TAX AMOUNT.—The base tax
amount for purposes of subparagraph (A) with
respect to any sale or use during calendar year
1996 is $3.55.’’.
(b) CONFORMING AMENDMENT.—Subparagraph (C)
of section 4681(b)(1) of such Code is amended—
(1) by striking ‘‘the last year specified in the
table under subparagraph (B) applicable to such
chemical’’ and inserting ‘‘1996’’, and
(2) by striking ‘‘such last year’’ each place it
appears and inserting ‘‘1996’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to sales and uses after December
31, 1995.
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