H.R. 4923

Energy and Water Development and Related Agencies Appropriations Act, 2015

Committee
Appropriations

Date
July 9, 2014 (113th Congress, 2nd Session)

Staff Contact
David Smentek

Floor Situation

On Wednesday, July 9, 2014, the House will begin consideration of H.R. 4923, the Energy and Water Development and Related Agencies Appropriations Act, 2015, under a rule.  H.R. 4923 was introduced on June 20, 2014 by Rep. Mike Simpson (R-ID), Chairman, House Appropriations Subcommittee on Energy, Water Development, and Related Agencies.  The bill was marked up and reported out of the House Appropriations Committee, as amended, on June 18, 2014, by voice vote.[1]

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[1] http://appropriations.house.gov/news/documentsingle.aspx?DocumentID=384901

Bill Summary

H.R. 4923 provides funding for national defense nuclear weapons activities, the Army Corps of Engineers, various programs under the Department of Energy, and other related agencies.  The legislation provides a total of $34 billion in discretionary funding, which is $50.5 million below the fiscal year 2014 enacted level and $326.9 million above the President’s request.  “The bill prioritizes funding for our national security, providing increases for nuclear weapons programs above fiscal year 2014. The bill also protects funding for critical national and regional waterways – which handle commerce valued at more than $1.7 trillion annually – through the Army Corps of Engineers, and programs that encourage energy independence and economic competitiveness.”[1]

The major provisions of the bill are as follows:

Title I – Department of Defense – Civil (Army Corps of Engineers):

The Committee recommends a total of $5.5 billion for the Civil Works program of the U.S. Army Corps of Engineers.  This funding is $25 million above the fiscal year 2014 enacted level and $959.5 million above the request.  Title I prioritizes funding on activities that will have “an immediate impact on public safety, job creation, and the economy.”[2]  Included in this funding is $2.3 billion for navigation projects and studies, of which not less than $1.1 billion comes from the Harbor Maintenance Trust Fund.  Moreover, Title I provides $1.7 billion in funding to support public health and safety by funding flood and storm damage reduction activities, including $326 million for the most critical dam safety improvements.  Title I also prohibits any changes to the definition of “fill material” and “discharge of fill material” for the purpose of the Clean Water Act.  Finally, it prohibits any changes to federal jurisdiction over “navigable waters” under the Clean Water Act. Finally, the bill protects Second Amendment rights by allowing for the possession of firearms on Corps lands, consistent with federal and state laws.

Title II – Department of the Interior (Bureau of Reclamation):

The Committee recommends approximately $1 billion for Bureau of Reclamation, $100.7 million below the fiscal year 2014 enacted level and $32 million below the budget request.  This funding will allow the Department of the Interior and the Bureau of Reclamation to help manage, develop, and protect the water resources of western states.  The Committee also recommends $9.9 million for the Central Utah Project, an increase of $1.1 million from fiscal year 2014.

Title III – Department of Energy:

The Committee recommends $27.3 billion to fund programs in its four primary mission areas: science, energy, environment, and national security.  The Committee recommendation is $24.8 million above the fiscal year 2014 enacted level and $667.6 million below the request.  Major provisions of Title III include:

Energy Programs – the bill provides a total of $10.3 billion in funding for energy programs, an increase of $113 million from the fiscal year 2014 enacted level and $269 million below the request.  This funding includes:

  • $5.1 billion for science research through the Office of Science, which is the same as the fiscal year 2014 enacted level.  “This funding will strengthen basic energy research, development of high-performance computing systems, and research into the next generation of clean energy sources.”[3]
  • $1.8 billion for Energy Efficiency and Renewable Energy (EERE), $112.7 million below the fiscal year 2014 enacted level and $527.7 million below the request.
  • $899 million in funding for nuclear energy, an increase of $9.8 million from the fiscal year 2014 enacted level and $35.6 million above the President’s request.
  • $593 million in funding for fossil energy research and development, an increase of $30.9 million from the fiscal year 2014 enacted level and $117.5 million above the request.
  • $280 million for the Advanced Research Projects Agency-Energy (ARPA-E), equal to the fiscal year 2014 enacted level.  “Projects funded by ARPA-E include such wide-ranging areas as production processes for transportation fuel alternatives that can reduce our dependence on imported oil, heating, and cooling technologies with exceptionally high energy efficiency, and improvements in petroleum refining processes.”[4]

Nuclear Security – The bill provides a total of $11.4 billion for the National Nuclear Security Administration (NNSA), including weapons activities, defense nuclear nonproliferation, and naval reactors.  The funding level recommended by the Committee is $154.6 million above the fiscal year 2014 level.  This funding will “allow the U.S. to uphold its nuclear deterrence posture, and prepare for current and future nuclear threats by maintaining the safety and readiness of our nuclear stockpile.”[5]  Included in this funding is:

  • $8.2 billion for weapons activities, an increase of $423.2 million from the fiscal year 2014 enacted level and $110.7 million below the request.
  • $1.2 billion for naval nuclear reactors, an increase of $120.3 million from the fiscal year 2014 enacted level and $161.8 million below the request.
  • $1.5 billion for defense nuclear nonproliferation, which is $398.8 million below the fiscal year 2014 enacted level and the same as the request.

Environmental Cleanup – This legislation provides $5.6 billion for environmental management activities, which is $202.4 million below the fiscal year 2014 enacted level and $6.7 million above the request for cleanup activities.  Included in this request is $4.8 billion for defense environmental cleanup to safely clean sites contaminated by previous nuclear weapons production.  Funding for environmental management includes $241 million for non-defense environmental cleanup, which is $9.4 million above the fiscal year 2014 enacted level; and $586 million for the Uranium Enrichment Decontamination and Decommissioning Fund, which is $12.9 million below the fiscal year 2014 enacted level and $55 million above the request. The bill does not include the requested legislative proposal to increase cleanup fees on the nuclear industry.

Yucca Mountain – This legislation continues congressional support for the Yucca Mountain nuclear repository, providing $150 million for the Nuclear Waste Disposal Program.  This legislation also includes $55 million for the Nuclear Regulatory Commission to continue the adjudication of the DOE’s Yucca Mountain License application.  A provision in Title V prohibits any funds in the Act from being used to close the Yucca Mountain license application process, or for any action that would remove the possibility that Yucca Mountain might be an option for nuclear waste disposal in the future.

Power Marketing Administrations – This legislation provides $105 million for Power Marketing Administrations, which is the same as the request.

Title III also requires proceeds from a recent test sale of crude oil from the Strategic Petroleum Reserve (SPR) to be used only to purchase refill crude oil for the SPR.

Title IV – Independent Agencies:

Title IV provides $312.4 million for several independent agencies, which is $47.2 million above the fiscal year 2014 enacted level and $63.7 million above the request.  Net funding for the Nuclear Regulatory Commission (NRC) is $172.3 million, which is $49 million above the fiscal year 2014 enacted level and $50 million above the request due to the added funding for the Yucca Mountain license application.

Other Provisions:

H.R. 4923 includes a rescission of $89.9 million of prior year appropriations, $74.4 million more than the fiscal year 2014 enacted level and $35.1 million more than the request.

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[2] http://appropriations.house.gov/news/documentsingle.aspx?DocumentID=383708
[3] Id.
[4] http://appropriations.house.gov/news/documentsingle.aspx?DocumentID=383708
[5] See House Report 113-486, p. 124.
[6] http://appropriations.house.gov/news/documentsingle.aspx?DocumentID=383708

Cost

Based on CBO scoring, the bill provides budget authority of $34 billion.

Amendments

1)         Rep. Cassidy (R-LA) Amendment #1 – At the end of the bill (before the short title), insert the following: Sec. __. None of the funds made available by this Act may be used by the Department of Energy to apply long-term predictions of life cycle greenhouse gas emissions for United States LNG exports in any public interest determination under section 3 of the Natural Gas Act (15 U.S.C. 717b).

2)         Rep. Cassidy (R-LA) Amendment #2 – At the end of the bill, before the short title, insert the following: Sec. __None of the funds made available in this Act may be used within the borders of the State of Louisiana by the Mississippi Valley Division or the Southwestern Division of the Army Corps of Engineers or any district of the Corps within such divisions to implement or enforce the mitigation methodology, referred to as the “Modified Charleston Method.”

3)         Rep. Cassidy (R-LA) Amendment #3 – At the end of the bill (before the short title), insert the following: Sec. __. The amounts otherwise provided by this Act are revised by reducing the amount made available for “Department of Energy–Energy Programs–Departmental Administration,” and increasing the amount made available for “Corps of Engineers-Civil–Department of the Army–Corps of Engineers-Civil—Construction,” by $5,000,000.

4)         Rep. Cassidy (R-LA) Amendment #4 – Page 3, line 16, after the dollar amount, insert “(increased by $5,000,000).”  Page 26, line 24, after the dollar amount, insert “(reduced by $5,000,000).”  This amendment increases funding for the Army Corps of Engineers-Civil Construction account by $5 million, and reduces funding from the Department of Energy’s departmental administration fund by the same amount.

5)         Rep. Cassidy (R-LA) Amendment #5 – At the end of the bill (before the short title), insert the following: Sec. __. The amounts otherwise provided by this Act are revised by reducing the amount made available for “Department of Energy–Energy Programs–Departmental Administration,” and increasing the amount made available for “Corps of Engineers-Civil–Department of the Army–Corps of Engineers-Civil–Operation and Maintenance,” by $5,000,000.

6)         Rep. Cassidy (R-LA) Amendment #6 – Page 4, line 24, after the dollar amount, insert “(increased by $5,000,000).”  Page 26, line 24, after the dollar amount, insert “(reduced by $5,000,000).”  The Amendment increases funding for the Army Corps of Engineers-Civil operations and maintenance fund by $5 million and reduces funding for the Department of Energy’s departmental administration fund by the same amount.

7)         Rep. Ellison (D-MN) Amendment #7 – At the end of the bill (before the short title), insert the following: Sec. __. None of the funds made available in this Act may be used to enter into a contract with any person whose disclosures of a proceeding with a disposition listed in section 2313(c)(1) of title 41, United States Code, in the Federal Awardee Performance and Integrity Information System include the term “Fair Labor Standards Act.”

8)         Rep. Murphy (D-FL) Amendment #8 – Page 3, line 16, after the dollar amount, insert “(increased by $1,000,000).”  Page 7, line 3, after the dollar amount, insert “(reduced by $1,000,000).”  The amendment increases funding for the Army Corps of Engineers-Civil Construction account by $1 million and reduces funding for the Corps of Engineers expenses account by the same amount.

9)         Rep. Fleming (R-LA) Amendment #9 – At the end of the bill (before the short title), insert the following: Sec. __. None of the funds made available by this Act may be used to pay the salary of any officer or employee to carry out section 301 of the Hoover Power Plant Act of 1984 (42 U.S.C. 16421a; added by section 402 of the American Recovery and Reinvestment Act of 2009 (P.L. 111-5)).

10)      Rep. Walorski (R-IN) Amendment #10 – Page 3, line 16, after the dollar amount, insert “(increased by $500,000).”  Page 19, line 12, after the dollar amount, insert “(reduced by $500,000).”  The amendment increases funding for the Army Corps of Engineers-Civil Construction account by $500,000 and reduces funding for Energy Efficiency and Renewable Energy (EERE) programs by the same amount.

11)      Rep. Grayson (D-FL) Amendment #11 – At the end of the bill (before the short title), add the following new section: Sec. __. None of the funds made available by this Act may be used to enter into a contract with any offeror or any of its principals if the offeror certifies, as required by Federal Acquisition Regulation, that the offeror or any of its principals:
(A) within a three-year period preceding this offer has been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; or
(B) are presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated above in subsection (A); or
(C) within a three-year period preceding this offer, has been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

12)      Rep. Blumenauer (D-OR) Amendment #12 – At the end of the bill (before the short title), insert the following: Sec. __. None of the funds made available by this Act for Project 99-D-143, Mixed Oxide Fuel Fabrication Facility, may be used for any purpose other than placing the facility in cold standby.

13)      Rep. Blumenauer (D-OR) Amendment #13 – Page 19, line 24, after the dollar amount, insert “(increased by $9,808,000).”  Page 21, line 2, after the dollar amount, insert “(reduced by $14,712,000).”  The amendment increases funding for the DOE electricity delivery and energy reliability account by $9.8 million and reduces funding for fossil energy research and development by $14.7 million.

14)      Rep. Titus (D-NV) Amendment #14 – Page 59, beginning on line 8, strike section 506.  Section 506 prohibits the use of any funds to conduct closure of adjudicatory functions, technical review, or support activities associated with Yucca Mountain.  Section 506 also prohibits any funding being used to conduct actions that would remove the possibility that Yucca Mountain may be used as a repository in the future.

15)      Rep. Titus (D-NV) Amendment #15 – Page 24, line 19, after the dollar amount, insert “(reduced by $150,000,000).”  This amendment fully defunds the nuclear waste disposal account.

16)      Rep. Lummis (R-WY) Amendment #16 – At the end of the bill (before the short title), insert the following: Sec. 508. None of the funds made available by this Act may be used in contravention of section 3112(d)(2)(B) of the USEC Privatization Act (42 U.S.C. 2297h-10(d)(2)(B)) and all public notice and comment requirements under chapter 6 of title 5, United States Code, that are applicable to carrying out such section.

17)      Rep. Kilmer (D-WA) Amendment #17 – Page 28, line 14, after the dollar amount, insert “(reduced by $59,658,000).”  Page 29, line 22, after the dollar amount, insert “(increased by $59,658,000).”  The amendment reduces funding for weapons activities conducted under the National Nuclear Security Administration (NNSA) by $59.7 million and increases funding for naval nuclear reactors by the same amount.

18)      Rep. Bilirakis (R-FL) Amendment #18 – Page 7, line 21, after the dollar amount, insert “(reduced to $0).”  Page 59, line 20, after the dollar amount, insert “(increased by $2,000,000).”  The amendment eliminates all funding for the Office of the Assistant Secretary of the Army for Civil Works and transfers the savings to the spending reduction account.

19)      Rep. Grijalva (D-AZ) Amendment #19 – Page 21, line 2, after the dollar amount, insert “(reduced by $2,000,000).”  Page 26, line 24, after the dollar amount, insert “(increased by $2,000,000).”  The amendment reduces funding for the Fossil Energy Research and Development account by $2 million and increases funding for the DOE Departmental Administration fund by the same amount.

20)      Rep. Reed (R-NY) Amendment #20 – Page 23, line 5, after the dollar amount, insert “(increased by $4,000,000).”  Page 26, line 24, after the dollar amount, insert “(reduced by $4,000,000).”  The amendment increases funding for the Non-Defense Environmental Cleanup account by $4 million and reduces funding for the DOE Departmental Administration fund by the same amount.

21)      Rep. Bonamici (D-OR) Amendment #21 – Page 19, line 12, after the dollar amount, insert “(increased by $9,000,000).”  Page 26, line 24, after the dollar amount, insert “(reduced by $9,000,000).”  The amendment increases funding for the Energy Efficiency and Renewable Energy (EERE) account by $9 million and reduces the DOE Departmental Administration fund by the same amount.

22)      Rep. Blackburn (R-TN) Amendment #22 – At the end of the bill (before the short title), insert the following: Sec. __. Each amount made available by this Act is hereby reduced by 1 percent.

23)      Rep. Lankford (R-OK) Amendment #23 – At the end of the bill (before the short title), insert the following: Sec. 508. None of the funds made available by this Act may be used to prepare, propose, or promulgate any regulation or guidance that references, relies on, or otherwise considers the analysis contained in “Technical Support Document: – Social Cost of Carbon for Regulatory Impact Analysis – Under Executive Order 12866” issued by the Interagency Working Group on Social Cost of Carbon, United States Government (February 2010), “Technical Support Document: – Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis – Under Executive Order 12866” issued by the Interagency Working Group on Social Cost of Carbon, United States Government (May 2013), “Technical Support Document – Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis – Under Executive Order 12866” issued by the Interagency Working Group on Social Cost of Carbon, United States Government (revised November 2013), or “Technical Support Document – Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis – Under Executive Order No. 12866,” published at 78 Fed Reg. 228 (November 26, 2013).

Additional Information

For questions or further information contact the GOP Conference at 5-5107.