H.R. 2609: Energy and Water Development, and Related Agencies Appropriations Act, 2014

H.R. 2609

Energy and Water Development, and Related Agencies Appropriations Act, 2014

Date
July 9, 2013 (113th Congress, 1st Session)

Staff Contact
Communications

Floor Situation

On Tuesday, July 9, 2013, the House will begin consideration of H.R. 2609, the Energy and Water Development, and Related Agencies Appropriations Act, 2014, under a rule.  H.R. 2609 was introduced on July 2, 2013 by Subcommittee on Energy and Water Chairman, Rodney Frelinghuysen (R-NJ). H.R. 2609 was marked up on June 26, 2013 and ordered reported as amended by a vote of 28-21.[1]

Bill Summary

The agencies and programs funded in H.R.2609 total $30.4 billion – a cut of $2.9 billion below FY 2013 enacted levels and $4.1 billion below the President’s FY 2014 request. It is approximately $700 million below sequestration levels. Total security funding is $11 billion - $397 million less than the amount appropriated in FY 2013. Total non-security funding is $19.3 billion - $2.5 billion less than the amount appropriated in FY 2013.[1]

“The Committee recommendation clearly articulates priorities for fiscal year 2014, differentiating among programs, projects, and activities that are inherently federal responsibilities and those that might be supported by the private sector or other non-federal entities. Above all else, it supports the most critical of inherently federal responsibilities: the national defense and the maintenance of our nation's waterways. Strong support is provided for basic science programs, which are critical to our country's long-term prosperity, and which the private sector is unlikely to assume. Activities to clean up contamination from the Manhattan Project are also inherently federal responsibilities and are required to fulfill agreements with states, tribes, and other non-federal entities. In contrast, applied energy research and development has the greatest opportunity for support from the private sector and the states.

Specifically, the Committee prioritizes national defense, including National Nuclear Security Administration (NNSA) and its close relationship with the Department of Defense.  It protects our nation’s competitiveness both in infrastructure and research, directing funds to the Army Corp of Engineers and the Bureau of Reclamation to support our nation’s waterways and prioritizing research that the private sector does not conduct.  It recognizes previous concerns about program management within the agencies, including the Department of Energy, ensuring that funding is directed only to those programs with “clear guidance and expectations.” Finally, the Committee requires detailed reporting from the agencies to ensure that critical information is available to monitor agency actions.[2]

The Committee does recognize that the federal government can, and should, play a role in helping our private sector compete. Many foreign companies enjoy heavy subsidies and other protections from their governments. This assistance can give those companies at least a short-term advantage in the global marketplace. The recommendation continues applied research and development for energy technologies by focusing the limited available resources on programs that help keep the cost of energy low and those that help the American private sector quickly identify and pursue promising technologies.” [3]

Specifically:

“Title I of the bill provides $4,876,000,000 for the Civil Works programs of the U.S. Army Corps of Engineers, $104,000,000 below fiscal year 2013 (excluding funding provided in Public Law 113-2, the Disaster Relief Appropriations Act, 2013) and $50,000,000 above the budget request. Total funding for activities eligible for reimbursement from the Harbor Maintenance Trust Fund is $1,000,000,000, $110,000,000 above the budget request.

Title II provides $964,757,000 for the Department of the Interior and the Bureau of Reclamation, $103,962,000 below fiscal year 2013 and $84,827,000 below the budget request. The Committee recommends $956,032,000 for the Bureau of Reclamation, $91,687,000 below fiscal year 2013 and $90,052,000 below the budget request for accounts traditionally within the Bureau of Reclamation. The Committee recommends $8,725,000 for the Central Utah Project, $12,275,000 below fiscal year 2013 and $5,225,000 above the budget request.

Title III provides $24,925,252,000 for the Department of Energy, $2,118,175,000 below fiscal year 2013 and $4,028,641,000 below the budget request. Funding for the National Nuclear Security Administration (NNSA), which includes nuclear weapons activities, defense nuclear nonproliferation, naval reactors, and the Office of the NNSA Administrator, is $11,266,000,000, $235,644,000 below fiscal year 2013 and $386,469,000 below the budget request. Within the NNSA, nuclear weapons activities for fiscal year 2014 are funded at $7,675,000, $98 million above fiscal year 2013 and $193 million below the request.

The Committee recommends $4,653,000,000 for the Office of Science, $982,637,000 for renewable energy, energy reliability and efficiency programs; $656,389,000 for nuclear energy programs; $450,000,000 for fossil energy research and development; and $50,000,000 for the Advanced Research Projects Agency--Energy.

Environmental management activities--non-defense environmental cleanup, uranium enrichment decontamination and decommissioning, and defense environmental cleanup--are funded at $5,489,000,000, $242,651,000 below fiscal year 2013 and $132,688,000 below the budget request.

Funding for the Power Marketing Administrations is provided at the requested levels.

Title IV provides $249,279,000 for several Independent Agencies, $5,217,000 below fiscal year 2013 and $5,949,000 above the budget request. Net funding for the Nuclear Regulatory Commission is $123,216,000, $4,298,000 below fiscal year 2013 and the same as the budget request.

Title V includes a rescission of $519,000,000 of prior year appropriations, $513,000,000 more than fiscal year 2013 and $419,000,000 more than the budget request. The rescission includes $200,000,000 from title I and $319,000,000 from title III. Within title III, $157,000,000 is rescinded from Energy Efficiency and Renewable Energy, $142,000,000 is rescinded from Weapons Activities, and $20,000,000 is rescinded from Defense Nuclear Nonproliferation.”[4]

Cost

Based on CBO scoring, the bill provides a total of $30.426 billion in discretionary budget authority.

Amendments

Below are the amendments pre-printed in the Congressional Record, July 9, 2013:

 

1)         Rep. Grayson (D-FL) Amendment #14 – 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.

2)         Rep. Burgess (R-TX) Amendment #17 – At the end of the bill, before the short title, insert the following new section:

Sec. __None of the funds made available in this Act may be used—

1.)    To implement or enforce section 430.32(x) of title 10, Code of Federal Regulations; or

2.)    To implement or enforce the standards established by the tables contained in section 325(i)(1)(B) of the Energy Policy and Conservation Act (42 U.S.C. 6295(i)(1)(B)) with respect to BPAR incandescent reflector lamps, BR incandescent reflector lamps, and ER incandescent reflector lamps.

3)         Rep. Barrow (D-GA) Amendment #26 – 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 implement, administer, or enforce any authority, in any preceding provision of this Act, to use funds for the purchase or hire of motor vehicles.

4)         Rep. Garamendi (D-CA) Amendment #28 – 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 ``Atomic Energy Defense Activities--National Nuclear Security Administration--Weapons Activities'', and increasing the amount made available for ``Corps of Engineers-Civil--Construction'', by $100,000,000.

5)         Rep. Bass (D-CA) Amendment #29 – 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 implement, administer, or enforce, with respect to hydraulic fracturing operations in the Inglewood Oil Field--

1.)    The exclusion in section 1421(d)(1)(B) of the Safe Drinking Water Act (42 U.S.C. 300h(d)(1)(B));

2.)    Section 261.4(b)(5) of title 40, Code of Federal Regulations; or

3.)    The limitation in section 402(l)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)(2)).

6)         Rep. Kelly (R-PA) Amendment #30 – 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 develop or submit a proposal to expand the authorized uses of the Harbor Maintenance Trust Fund described in section 9505(c) of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)).

7)         Rep. Higgins (D-NY) Amendment #31 – 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 relocate or consolidate general and administrative functions, personnel, or resources of the Buffalo and Chicago Districts of the Corps of Engineers Great Lakes and Ohio River Division.

8)         Rep. Walberg (R-MI) Amendment #32 – 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 carry out section 801 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17281).

9)         Rep. Lynch (D-MA) Amendment #34 – 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--Fossil Energy Research and Development'' and by increasing the amount made available for ``Corps of Engineers-Civil--Department of the Army--Corps of Engineers-Civil--Construction'' by $29,425,000 and $19,425,000, respectively.