HR 2099 EAS
tion for the fiscal year ending September 30, 1992, and
hereafter, for making grants for wastewater treatment works
construction projects, portions may be provided by the re-
cipients to States for managing construction grant activi-
ties, on condition that the States agree to reimburse the re-
cipients from State funding sources.
Ω81æPage 65, after line 2 insert:
ADMINISTRATIVE PROVISIONS
SEC. 301. MORATORIUM ON CERTAIN EMISSIONS TESTING
REQUIREMENTS.
(a) MORATORIUM.—
(1) IN GENERAL.—The Administrator of the En-
vironmental Protection Agency (referred to in this
subsection as the ‘‘Administrator’’) shall not require
adoption or implementation by a State of a test-only
or I/M240 enhanced vehicle inspection and mainte-
nance program as a means of compliance with section
182 of the Clean Air Act (42 U.S.C. 7511a), but the
Administrator may approve such a program if a
State chooses to adopt the program as a means of
compliance.
(2) REPEAL.—Paragraph (1) is repealed effective
as of the date that is 1 year after the date of enact-
ment of this Act.
(b) PLAN APPROVAL.—
HR 2099 EAS
(1) IN GENERAL.—The Administrator of the En-
vironmental Protection Agency (referred to in this
subsection as the ‘‘Administrator’’) shall not dis-
approve a State implementation plan revision under
section 182 of the Clean Air Act (42 U.S.C. 7511a)
on the basis of a regulation providing for a 50-per-
cent discount for alternative test-and-repair inspec-
tion and maintenance programs.
(2) CREDIT.—If a State provides data for a pro-
posed inspection and maintenance system for which
credits are appropriate under section 182 of the Clean
Air Act (42 U.S.C. 7511a), the Administrator shall
allow the full amount of credit for the system that is
appropriate without regard to any regulation that
implements that section by requiring centralized
emissions testing.
(3) DEADLINE.—The Administrator shall com-
plete and present a technical assessment of data for
a proposed inspection and maintenance system sub-
mitted by a State not later than 45 days after the
date of submission.
Ω82æPage 65, after line 2 insert:
SEC. 302. None of the funds made available in this
Act may be used by the Environmental Protection Agency
to impose or enforce any requirement that a State imple-
HR 2099 EAS
ment trip reduction measures to reduce vehicular emissions.
Section 304 of the Clean Air Act (42 U.S.C. 7604) shall
not apply with respect to any such requirement during the
period beginning on the date of the enactment of this Act
and ending September 30, 1996.
Ω83æPage 65, after line 2 insert:
SEC. 303. None of the funds provided in this Act may
be used within the Environmental Protection Agency for
any final action by the Administrator or her delegate for
signing and publishing for promulgation a rule concerning
any new standard for arsenic (for its carcinogenic effects),
sulfates, radon, ground water disinfection, or the contami-
nants in phase VI B in drinking water, unless the Safe
Drinking Water Act of 1986 has been reauthorized.
Ω84æPage 65, after line 2 insert:
SEC. 304. None of the funds provided in this Act may
be used during fiscal year 1996 to sign, promulgate, imple-
ment or enforce the requirement proposed as ‘‘Regulation
of Fuels and Fuel Additives: Individual Foreign Refinery
Baseline Requirements for Reformulated Gasoline’’ at vol-
ume 59 of the Federal Register at pages 22800 through
22814.
Ω85æPage 65, after line 2 insert:
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HR 2099 EAS
SEC. 305. None of the funds appropriated to the Envi-
ronmental Protection Agency for fiscal year 1996 may be
used to implement section 404(c) of the Federal Water Pol-
lution Control Act, as amended. No pending action by the
Environmental Protection Agency to implement section
404(c) with respect to an individual permit shall remain
in effect after the date of enactment of this Act.
Ω86æPage 65, after line 2 insert:
SEC. 306. Notwithstanding any other provision of law,
for this fiscal year and hereafter, an industrial discharger
that is a pharmaceutical manufacturing facility and dis-
charged to the Kalamazoo Water Reclamation Plant (an
advanced wastewater treatment plant with activated car-
bon) prior to the date of enactment of this Act may be ex-
empted from categorical pretreatment standards under sec-
tion 307(b) of the Federal Water Pollution Control Act, as
amended, if the following conditions are met: (1) the owner
or operator of the Kalamazoo Water Reclamation Plant ap-
plies to the State of Michigan for an exemption for such
industrial discharger, (2) the State or Administrator, as
applicable, approves such exemption request based upon a
determination that the Kalamazoo Water Reclamation
Plant will provide treatment and pollution removal consist-
ent with or better than treatment and pollution removal
requirements set forth by the Environmental Protection
101
HR 2099 EAS
Agency, the State determines that the total removal of each
pollutant released into the environment will not be lesser
than the total removal of such pollutants that would occur
in the absence of the exemption, and (3) compliance with
paragraph (2) is addressed by the provisions and conditions
of a permit issued to the Kalamazoo Water Reclamation
Plant under section 402 of such Act, and there exists an
operative financial contract between the City of Kalamazoo
and the industrial user and an approved local pretreatment
program, including a joint monitoring program and local
controls to prevent against interference and pass through.
Ω87æPage 65, after line 2 insert:
SEC. 307. No funds appropriated by this Act may be
used during fiscal year 1996 to enforce the requirements
of section 211(m)(2) of the Clean Air Act that require fuel
refiners, marketers, or persons who sell or dispense fuel to
ultimate consumers in any carbon monoxide nonattainment
area in Alaska to use methyl tertiary butyl ether (MTBE)
to meet the oxygen requirements of that section.
Ω88æPage 65, after line 2 insert:
SEC. 308. None of the funds appropriated under this
Act may be used to implement the requirements of section
186(b)(2), section 187(b) or section 211(m) of the Clean Air
Act (42 U.S.C. 7512(b)(2), 7512a(b), or 7545(m)) with re-
spect to any moderate nonattainment area in which the av-
102
HR 2099 EAS
erage daily winter temperature is below 0 degrees Fahr-
enheit. The preceding sentence shall not be interpreted to
preclude assistance from the Environmental Protection
Agency to the State of Alaska to make progress toward meet-
ing the carbon monoxide standard in such areas and to re-
solve remaining issues regarding the use of oxygenated fuels
in such areas.
Ω89æPage 65, after line 2 insert:
SEC. 309. ENERGY EFFICIENCY AND ENERGY SUPPLY
PROGRAMS.
(a) PRIORITY FOR SMALL BUSINESSES.—During fis-
cal year 1996 the Administrator of the Environmental Pro-
tection Agency shall give priority in providing assistance
in its Energy Efficiency and Energy Supply programs to
organizations that are recognized as small business concerns
under section 3(a) of the Small Business Act (15 U.S.C.
632(a)).
(b) STUDY.—The Administrator shall perform a study
to determine the feasibility of establishing fees to recover
all reasonable costs incurred by EPA for assistance rendered
businesses in its Energy Efficiency and Energy Supply
program. The study shall include, among other things, an
evaluation of making the Energy Efficiency and Energy
Supply Program self-sustaining, the value of the assistance
rendered to businesses, providing exemptions for small busi-
103
HR 2099 EAS
nesses, and making the fees payable directly to a fund that
would be available for use by EPA as needed for this pro-
gram. The Administrator shall report to Congress by March
15, 1996 on the results of this study and EPA’s plan for
implementation.
(c) 
FUNDING.—For 
fiscal 
year 
1996, 
up 
to
$100,000,000 of the funds appropriated to the Environ-
mental Protection Agency may be used by the Adminis-
trator to support global participation in the Montreal Pro-
tocol facilitation fund and for the climate change action
plan programs including the green programs.
Ω90æPage 65, after line 2 insert:
SEC. 310. The Administrator of the Environmental
Protection Agency shall not, under authority of section 6
of the Toxic Substances Control Act (15 U.S.C. 2605), take
final action on the proposed rule dated February 28, 1994
(59 Fed. Reg. 11122 (March 9, 1994)) to prohibit or other-
wise restrict the manufacturing, processing, distributing, or
use of any fishing sinkers or lures containing lead, zinc,
or brass unless the Administrator finds that the risk to wa-
terfowl cannot be addressed through alternative means in
which case, the rule making may proceed 180 days after
Congress is notified of the finding.
Ω91æPage 65, after line 2 insert:
104
HR 2099 EAS
SEC. 311. Not later than 90 days after the date of en-
actment of this Act, the Administrator of the Environ-
mental Protection Agency (EPA) shall enter into an ar-
rangement with the National Academy of Sciences to inves-
tigate and report on the scientific bases for the public rec-
ommendations of the EPA with respect to indoor radon and
other naturally occurring radioactive materials (NORM).
The National Academy shall examine EPA’s guidelines in
light of the recommendations of the National Council on
Radiation Protection and Measurements, and other peer-
reviewed research by the National Cancer Institute, the Cen-
ters for Disease Control, and others, on radon and NORM.
The National Academy shall summarize the principal areas
of agreement and disagreement among the above, and shall
evaluate the scientific and technical basis for any dif-
ferences that exist. Not later than 18 months after the date
of enactment of this Act, the Administrator shall submit
to Congress the report of the National Academy and a state-
ment of the Administrator’s views on the need to revise
guidelines for radon and NORM in response to the evalua-
tion of the National Academy. Such statement shall explain
and differentiate the technical and policy bases for such
views.
Ω92æPage 65, after line 2 insert:
105
HR 2099 EAS
SEC. 312. EPA Research and Development Activities
and Staffing.
(a) STAR PROGRAM.—The Administrator of the Envi-
ronmental Protection Agency may not use any funds made
available under this Act to implement the Science to
Achieve Results (STAR) program unless—
(1) the use of the funds would not reduce any
funding available to the laboratories of the Agency for
staffing, cooperative agreements, grants, or support
contracts; or
(2) the Appropriations committees of the Senate
and House of Representatives grant prior approval.
Transfers of funds to support STAR activities shall be
considered a reprogramming of funds. Further, said
approval shall be contingent upon submission of a re-
port to the Committees as specified in section (c)(2)
below.
(b) CONTRACTOR CONVERSION.—The Administrator of
the Environmental Protection Agency may not use any
funds to—
(1) hire employees and create any new staff posi-
tions under the contractor conversion program in the
Office of Research and Development.
(c) REPORT.—Not later than January 1, 1996, the Ad-
ministrator shall submit to the Appropriations Committees
106
HR 2099 EAS
of the Senate and House of Representatives a report
which—
(1) provides a staffing plan for the Office of Re-
search and Development indicating the use of Federal
and contract employees;
(2) identifies the amount of funds to be repro-
grammed to STAR activities; and
(3) provides a listing of any resource reductions
below fiscal year 1995 funding levels, by specific lab-
oratory, from Federal staffing, cooperative agree-
ments, grants, or support contracts as a result of
funding for the STAR program.
Ω93æPage 65, strike out all after line 17, down to and
including ‘‘by’’ in line 19 and insert:
For necessary expenses to continue functions assigned
to the Council on Environmental Quality and Office of En-
vironmental Quality pursuant to
Ω94æPage 65, strike out all after line 23, over to and in-
cluding line 2 on page 66
Ω95æPage 67, line 3, strike out ø$162,000,000¿ and in-
sert: $168,900,000
Ω96æPage 67, line 7, strike out ø$4,400,000¿ and insert:
$4,673,000
107
HR 2099 EAS
Ω97æPage 67, line 17, strike out all after ‘‘seq.),’’ down
to and including ‘‘seq.),’’ in line 19
Ω98æPage 67, line 25, strike out ø$100,000,000¿ and in-
sert: $114,173,000
Ω99æPage 68, line 20, strike out all after ‘‘Appropria-
tions’’ over to and including ‘‘Channel’’ in line 3 on page
Ω100æPage 70, line 11, strike out ø$2,502,000¿ and in-
sert: $2,602,000
Ω101æPage 70, strike out all after line 15, over to and
including line 7 on page 71
Ω102æPage 71, line 20, strike out ø$5,449,600,000¿ and
insert: $5,337,600,000
Ω103æPage 71, line 21, strike out all after ‘‘1997’’ over
to and including ‘‘1997’’ in line 2 on page 72
Ω104æPage 72, line 14, strike out ø$5,588,000,000¿ and
insert: $5,960,700,000
Ω105æPage 73, line 9, strike out ø$2,618,200,000¿ and
insert: $2,484,200,000
Ω106æPage 74, strike out all after line 17, over to and
including line 8 on page 75
108
HR 2099 EAS
Ω107æPage 76, line 6, after ‘‘facility’’ insert: : Provided
further, That each Federal agency with prior contact to the
site shall remain responsible for any and all environmental
remediation made necessary as a result of its activities on
the site
Ω108æPage 76, strike out all after line 14, over to and
including line 3 on page 77
Ω109æPage 77, after line 3 insert:
Of the funds made available by this Act under the
heading ‘‘Human Space Flight’’, $390,000,000 of funds
provided for Space Station shall not become available for
obligation until August 1, 1996 and shall remain available
for obligation until September 30, 1997.
Ω110æPage 77, line 21, strike out ø$2,254,000,000¿ and
insert: $2,294,000,000
Ω111æPage 81, after line 11 insert:
DEPARTMENT OF JUSTICE
FAIR HOUSING AND EQUAL OPPORTUNITY
FAIR HOUSING ACTIVITIES
For contracts, grants, and other assistance, not other-
wise provided for, as authorized by title VIII of the Civil
Rights Act of 1968, as amended by the Fair Housing
Amendments Act of 1988, and for contracts with qualified
fair housing enforcement organizations, as authorized by
109
HR 2099 EAS
section 561 of the Housing and Community Development
Act of 1987, as amended by the Housing and Community
Development Act of 1992, $30,000,000, to remain available
until September 30, 1997.
All functions, activities and responsibilities of the Sec-
retary of Housing and Urban Development relating to title
VIII of the Civil Rights Act of 1968, as amended by the
Fair Housing Amendments Act of 1988, and the Fair Hous-
ing Act, including any rights guaranteed under the Fair
Housing Act (including any functions relating to the Fair
Housing Initiatives program under section 561 of the Hous-
ing and Community Development Act of 1987), are hereby
transferred to the Attorney General of the United States ef-
fective April 1, 1997: Provided, That none of the aforemen-
tioned authority or responsibility for enforcement of the
Fair Housing Act shall be transferred to the Attorney Gen-
eral until adequate personnel and resources allocated to
such activity at the Department of Housing and Urban De-
velopment are transferred to the Department of Justice.
Ω112æPage 81, after line 11 insert:
DEPARTMENT OF THE TREASURY
OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT
For carrying out the Federal Housing Enterprise Fi-
nancial Safety and Soundness Act of 1992, $14,895,000, to
remain available until expended, for the Federal Housing
110
HR 2099 EAS
Enterprise Oversight Fund: Provided, That such funds shall
be collected as authorized by sections 1316(a) and (b) of
such Act, and deposited in the Fund under section 1316(f)
of such Act: Provided further, That notwithstanding any
other provision of law, the Secretary of the Treasury shall
have all powers and rights of the Director and the Fund
shall be within the Department of the Treasury.
Ω113æPage 82, line 16, strike out øSECTION¿ and insert:
SEC.
Ω114æPage 89, strike out lines 6 through 14
Ω115æPage 89, after line 14 insert:
SEC. 520. Such funds as may be necessary to carry
out the orderly termination of the Office of Consumer Af-
fairs shall be made available from funds appropriated to
the Department of Health and Human Services for fiscal
year 1996.
Ω116æPage 89, after line 14 insert:
SEC. 521. Energy Savings at Federal Facilities.
(a) REDUCTION IN FACILITIES ENERGY COSTS.—
(1) IN GENERAL.—The head of each agency for
which funds are made available under this Act
shall—
(A) take all actions necessary to achieve
during fiscal year 1996 a 5 percent reduction,
111
HR 2099 EAS
from fiscal year 1995 levels, in the energy costs
of the facilities used by the agency; or
(B) enter into a sufficient number of energy
savings performance contracts with private sec-
tor energy service companies under title VIII of
the National Energy Conservation Policy Act (42
U.S.C. 8287 et seq.) to achieve during fiscal year
1996 at least a 5 percent reduction, from fiscal
year 1995 levels, in the energy use of the facili-
ties used by the agency.
(2) GOAL.—The activities described in para-
graph (1) should be a key component of agency pro-
grams that will by the year 2000 result in a 20 per-
cent reduction, from fiscal year 1985 levels, in the en-
ergy use of the facilities used by the agency, as re-
quired by section 543 of the National Energy Con-
servation Policy Act (42 U.S.C. 8253).
(b) USE OF COST SAVINGS.—An amount equal to the
amount of cost savings realized by an agency under sub-
section (a) shall remain available for obligation through the
end of fiscal year 2000, without further authorization or
appropriation, as follows:
(1) CONSERVATION MEASURES.—Fifty percent of
the amount shall remain available for the implemen-
tation of additional energy conservation measures
112
HR 2099 EAS
and for water conservation measures at such facilities
used by the agency as are designated by the head of
the agency.
(2) OTHER
PURPOSES.—Fifty percent of the
amount shall remain available for use by the agency
for such purposes as are designated by the head of the
agency, consistent with applicable law.
(c) REPORTS.—
(1) BY AGENCY HEADS.—The head of each agen-
cy for which funds are made available under this Act
shall include in each report of the agency to the Sec-
retary of Energy under section 548(a) of the National
Energy Conservation Policy Act (42 U.S.C. 8258(a))
a description of the results of the activities carried out
under subsection (a) and recommendations concerning
how to further reduce energy costs and energy con-
sumption in the future.
(2) BY SECRETARY OF ENERGY.—The reports re-
quired under paragraph (1) shall be included in the
annual reports required to be submitted to Congress
by the Secretary of Energy under section 548(b) of the
Act (42 U.S.C. 8258(b)).
(3) CONTENTS.—With respect to the period since
the date of the preceding report, a report under para-
graph (1) or (2) shall—
113
HR 2099 EAS
(A) specify the total energy costs of the fa-
cilities used by the agency;
(B) identify the reductions achieved;
(C) specify the actions that resulted in the
reductions;
(D) with respect to the procurement proce-
dures of the agency, specify what actions have
been taken to—
(i) implement the procurement au-
thorities provided by subsections (a) and (c)
of section 546 of the National Energy Con-
servation Policy Act (42 U.S.C. 8256); and
(ii) incorporate directly, or by ref-
erence, the requirements of the regulations
issued by the Secretary of Energy under
title VIII of the Act (42 U.S.C. 8287 et
seq.); and
(E) specify—
(i) the actions taken by the agency to
achieve the goal specified in subsection
(a)(2);
(ii) the procurement procedures and
methods used by the agency under section
546(a)(2) of the Act (42 U.S.C. 8256(a)(2));
and
114
HR 2099 EAS
(iii) the number of energy savings per-
formance contracts entered into by the agen-
cy under title VIII of the Act (42 U.S.C.
8287 et seq.).
Attest:
Secretary.