Title II of the Interior, Environment, and Related Agencies Appropriations Act for FY2006 (P.L. 109-54, H.R. 2361) provides $7.73 billion for the Environmental Protection Agency (EPA), subject to an across-the-board rescission of 0.476%. Section 439 of Title IV indicates that the rescission is to be applied proportionately among each account, program, project, and activity specified in the law, accompanying reports, and the President’s budget request. The total FY2006 EPA appropriation includes an additional $80 million in unobligated funds “rescinded” from past appropriations, as noted in the following table. P.L. 109-54 provides more funding for EPA than the Administration’s FY2006 request of $7.52 billion, but less than the FY2005 appropriation of $8.03 billion

Bearden, David M.

Esworthy, Robert

UNT Digital Library

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS22064Updated August 16, 2005Environmental Protection Agency: FY2006 Appropriations HighlightsDavid Bearden and Robert EsworthyResources, Science, and Industry DivisionTitle II of the Interior, Environment, and Related Agencies Appropriations Act forFY2006 (P.L. 109-54, H.R. 2361) provides $7.73 billion for the Environmental ProtectionAgency (EPA), subject to an across-the-board rescission of 0.476%.  Section 439 of TitleIV indicates that the rescission is to be applied proportionately among each account,program, project, and activity specified in the law, accompanying reports, and thePresident’s budget request.  The total FY2006 EPA appropriation includes an additional$80 million in unobligated funds “rescinded” from past appropriations, as noted in thefollowing table.  P.L. 109-54 provides more funding for EPA than the Administration’sFY2006 request of $7.52 billion, but less than the FY2005 appropriation of $8.03 billion.Among individual programs, P.L. 109-54 reflects decreases and increases throughout thevarious EPA appropriations accounts when compared to the FY2006 request and theFY2005 funding levels.Considerable debate focused on funding for the State and Tribal Assistance Grants(STAG) account, particularly the adequacy of funding for assistance to states andcommunities for State Revolving Funds (SRFs).  These funds provide loans tocommunities for sewage treatment plants and for meeting drinking water standards.  P.L.109-54 provides $900 million for the clean water SRF.  As passed by the House, H.R.2361 would have provided $850 million (including $100 million in rescinded funds fromprior years).  The Senate-passed version of H.R. 2361 would have provided $1.10 billion.The Administration’s request would have reduced funding for the clean water SRF from$1.09 billion in FY2005 to $730 million in FY2006.  P.L. 109-54 provides $850 millionfor the drinking water SRF, the same as the House and Senate proposed and theAdministration requested, and is similar to the FY2005 appropriation.Other prominent issues of debate included the adequacy of funding for the cleanupof hazardous waste sites under the Superfund program, the cleanup and redevelopmentof certain commercial and industrial sites referred to as Brownfields, EPA’s homelandsecurity activities, “congressional project priorities” or earmarks, and EPA’s use andconsideration of intentional human dosing studies.  The following table indicates amountsin P.L. 109-54, the House and Senate-passed versions of H.R. 2361, the Administration’sFY2006 request, and the enacted appropriation for FY2005, by the eight EPAappropriations accounts. (For further discussion, see CRS Report RL32856,Environmental Protection Agency: Appropriations for FY2006.)CRS-2Environmental Protection Agency Appropriations Accounts:FY2005 Enacted, the FY2006 Request, Action on Appropriations(in millions of dollars)Appropriations Account FY2005EnactedFY2006RequestHouse-PassedH.R. 2361Senate-PassedH.R. 2361P.L. 109-54 aScience and Technology $744.1 $760.6 $765.3 $730.8 $741.7   + transfer from Superfund account + $35.8 + $30.6 + $30.6 $30.6 $30.6Science and Technology Total $779.9 $791.2 $795.9 $761.4 $772.3Environmental Programs and Management $2,294.9 b $2,353.8 b $2,389.5 b $2,333.4 b $2,381.8Office of Inspector General $37.7 $37.0 $38.0 $37.0 $37.5   + transfer from Superfund account + $12.9 + $13.5 + $13.5 $13.5 $13.5Office of Inspector General Total $50.6 $50.5 $51.5 $50.5 $51.0Buildings & Facilities  $41.7 $40.2 $40.2 $40.2 $40.2Hazardous Substance Superfund $1,247.5 $1,279.3 $1,258.3 $1,256.2 $1,260.6 — transfer to Office of Inspector General  — $12.9  — $13.5  — $13.5 $13.5 $13.5 — transfer to Science and Technology  — $35.8  — $30.6  — $30.6 $30.6 $30.6Hazardous Substance Superfund (Net) $1,198.8 $1,235.2 $1,214.2 $1,212.1 $1,216.5Leaking Underground Storage Tank Program $69.4 $73.0 $73.0 $73.0 $73.0Oil Spill Response $15.9 $15.9 $15.9 $15.9 $15.9Pesticide Registration Fund $19.2 $15.0 $15.0 $15.0 $15.0 — Pesticide Registration Fees  — $19.2  — $15.0  — $15.0 $15.0 $15.0State and Tribal Assistance Grants: Total $3,575.3 $2,960.8 $3,127.8 $3,395.5 $3,181.7    Clean Water State Revolving Funds $1,091.2 $730.0 c $850.0 $1,100.0 $900.0    Drinking Water State Revolving Funds $843.2 $850.0 $850.0 $850.0 $850.0    Other Grants $1,640.9 $1,380.8 $1,527.8 $1,445.5 $1,511.7    Funds Previously Appropriated to EPA  —  — c — $100.0 c  — $58.0 c  — $80.0Total EPA Accounts $8,026.5 $7,520.6 $7,708.0 $7,882.0 $7,732.4Prepared by the Congressional Research Service (CRS) based on amounts indicated in P.L. 109-54, the conference reporton H.R. 2361 (H.Rept. 109-188), and the House and Senate-passed versions of H.R. 2361 and their accompanying reports(H.Rept. 109-80 and S.Rept. 109-80 respectively).  Numbers may not add due to rounding.a Enacted amounts for FY2006 are line-items indicated in Title II of P.L. 109-54, which do not reflect reductions made asa result of the 0.476% across-the-board rescission required by Section 439 of Title IV.b The President’s FY2006 budget included $50 million in offsetting receipts to be derived from proposed legislativechanges to Toxics and Pesticides fees, which have not been enacted.  Neither P.L. 109-54, nor H.R. 2361 as passed bythe House or the Senate, included the $50 million offset.c The total for the State and Tribal Assistance Grants account includes an offset of $80 million per P.L. 109-54, $58 millionper the Senate, and $100 million per the House, to be rescinded from prior year EPA appropriations not obligated forcontracts, grants, and inter-agency agreements for which the funding authorization has since expired.  P.L. 109-54 didnot specify how the $80 million in rescinded funds would be allocated among EPA activities in FY2006, nor did theSenate specify the allocation of the $58 million in rescinded funds in passing its version of H.R. 2361. As passed by theHouse, H.R. 2361 would have allocated $100 million in rescinded funds for the clean water SRF for FY2006.

Environmental Protection Agency: FY2006 Appropriations and Highlights

This report discusses issues regarding the funding of the Environmental Protection Agency (EPA). As enacted in August 2005, Title II of the Interior, Environment, and Related Agencies Appropriations Act for FY2006 (P.L. 109-54, H.R. 2361) provided $7.73 billion for the Environmental Protection Agency (EPA), subject to an across-the-board rescission of 0.476%

Bearden, David

Congressional Research Service ˜ The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS22064Updated January 20, 2006Environmental Protection Agency: FY2006 Appropriations HighlightsDavid Bearden and Robert EsworthyResources, Science, and Industry DivisionAs enacted in August 2005, Title II of the Interior, Environment, and RelatedAgencies Appropriations Act for FY2006 (P.L. 109-54, H.R. 2361) provided $7.73 billionfor the Environmental Protection Agency (EPA), subject to an across-the-board rescissionof 0.476%.  The law also included $80 million for EPA in unobligated funds “rescinded”from past appropriations.  Overall, P.L. 109-54 provided more funding for EPA than theAdministration’s FY2006 request of $7.52 billion, but less than the FY2005 appropriationof $8.03 billion.  Among individual programs, funding decreased for some activities andincreased for others, compared with the FY2006 request and the FY2005 appropriation.In the debate over EPA’s appropriation, considerable attention focused on theadequacy of funding for State Revolving Funds (SRFs) to assist states in issuing loans tocommunities for constructing and upgrading wastewater and drinking water infrastructure.Prior to the above rescission, P.L. 109-54 provided $900 million for the clean water SRF,less than the FY2005 appropriation of $1.09 billion but more than the request of $730million.  The law provided $850 million for the drinking water SRF, the same asrequested, and similar to the FY2005 appropriation.  Other prominent issues included theadequacy of funding for the cleanup of hazardous waste sites under the Superfundprogram, the cleanup of commercial and industrial sites referred to as brownfields, EPA’shomeland security activities, “congressional project priorities” or earmarks, and EPA’suse and consideration of intentional human dosing studies.At the end of its first session, the 109th Congress enacted a government-widerescission in Section 3801 of Title III of the Department of Defense Appropriations Actfor FY2006 (P.L. 109-148, H.R. 2863).  This rescission reduced FY2006 funding for EPAand all other federal agencies by 1%, except for the Department of Veterans Affairs, andexcluded “emergency” spending.  P.L. 109-148 also reallocated $8 million in emergencyfunds to EPA for responding to leaking underground tanks in areas affected by HurricanesKatrina and Rita.  The Administration had recommended a $15 million reallocation forthis purpose in October 2005.  The law did not include the $166 million rescission for theclean water SRF that the Administration also had proposed in October.The table below indicates congressional action on EPA’s appropriation for FY2006,the Administration’s request, and the FY2005 appropriation.  (Also see CRS ReportRL32856, Environmental Protection Agency: Appropriations for FY2006.)CRS-2Environmental Protection Agency Appropriations Accounts:FY2005 Enacted, FY2006 Request, and Action on FY2006 Appropriations(in millions of dollars)Appropriations Account FY2005EnactedFY2006RequestH.R. 2361House-passedH.R. 2361Senate-passedP.L. 109-54Science and Technology $744.1 $760.6 $765.3 $730.8 $741.7   + transfer from Superfund account + $35.8 + $30.6 + $30.6 + $30.6 + $30.6Science and Technology Total $779.9 $791.2 $795.9 $761.4 $772.3Environmental Programs and Management $2,294.9 a $2,353.8 a $2,389.5 a $2,333.4 a $2,381.8Office of Inspector General $37.7 $37.0 $38.0 $37.0 $37.5   + transfer from Superfund account + $12.9 + $13.5 + $13.5 + $13.5 + $13.5Office of Inspector General Total $50.6 $50.5 $51.5 $50.5 $51.0Buildings & Facilities  $41.7 $40.2 $40.2 $40.2 $40.2Hazardous Substance Superfund $1,247.5 $1,279.3 $1,258.3 $1,256.2 $1,260.6 — transfer to Office of Inspector General  — $12.9  — $13.5  — $13.5  — $13.5  — $13.5 — transfer to Science and Technology  — $35.8  — $30.6  — $30.6  — $30.6  — $30.6Hazardous Substance Superfund (Net) $1,198.8 $1,235.2 $1,214.2 $1,212.1 $1,216.5Leaking Underground Storage Tank Program $69.4 $73.0 $73.0 $73.0 $73.0Oil Spill Response $15.9 $15.9 $15.9 $15.9 $15.9Pesticide registration Fund $19.2 $15.0 $15.0 $15.0 $15.0 — Pesticide Registration Fees  — $19.2  — $15.0  — $15.0  — $15.0  — $15.0State and Tribal Assistance Grants: Total $3,575.3 $2,960.8 $3,127.8 $3,395.6 $3,181.7Clean Water State Revolving Funds $1,091.2 $730.0 $850.0 $1,100.0 $900.0 — Funds Previously Appropriated to EPA b  —  — ($100.0)  —  — Drinking Water State Revolving Funds $843.2 $850.0 $850.0 $850.0 $850.0Other Grants $1,640.9 $1,380.8 $1,527.8 $1,503.6 $1,511.7Funds Previously Appropriated to EPA b  —  —  — ($58.0) ($80.0)Total EPA Accounts $8,026.5 $7,520.6 $7,708.0 $7,882.1 $7,732.4Source: Prepared by the Congressional Research Service (CRS) based on amounts indicated in P.L. 109-54, the conference report on H.R.2361 (H.Rept. 109-188), and the House and Senate-passed versions of H.R. 2361 and their accompanying reports (H.Rept. 109-80 andS.Rept. 109-80, respectively).  FY2005 enacted amounts reflect the 0.8% across-the-board rescission required by P.L. 108-447.  FY2006enacted amounts are line-items indicated in Title II of P.L. 109-54, which do not reflect the 0.476% across-the-board rescission requiredby P.L. 109-54 or the 1% government-wide rescission required by P.L. 109-148.  Numbers may not add due to rounding.a Neither P.L. 109-54 or H.R. 2361, as passed by the House or the Senate, included a $50 million offset in receipts from toxics andpesticides fees that the Administration had proposed in its FY2006 budget request.b The total for the State and Tribal Assistance Grants account includes an offset of $80 million per P.L. 109-54 ($58 million in theSenate bill and $100 million in the House bill), to be rescinded from prior year EPA appropriations not obligated for contracts, grants,and interagency agreements for which the funding authorization has since expired.  P.L. 109-54 did not specify how the $80 millionin rescinded funds would be allocated among EPA activities in FY2006, nor did the Senate specify the allocation of the $58 millionin rescinded funds in passing its version of H.R. 2361. As passed by the House, H.R. 2361 would have allocated $100 million inrescinded funds for the clean water SRF for FY2006.

Environmental Protection Agency: FY2006 Appropriations Highlights

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Environmental Protection Agency: FY2006 Appropriations and Highlights

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