(Updated May 19, 2006)

 H.R. 5427
Energy and Water Development, and Related Agencies Appropriations Act for Fiscal Year 2007
          

Floor Situation

The House is scheduled to consider H.R. 5427, pursuant to a rule, on Wednesday, May 24, 2006.

On Tuesday, May 23, the Rules Committee granted an open rule that:

• Provides one hour of general debate equally divided and controlled by the chairman and ranking minority member of the Committee on Appropriations.
• Waives all points of order against consideration of the bill.
• Under the rules of the House the bill shall be read for amendment by paragraph.
• Waives points of order against provisions in the bill for failure to comply with clause 2 of rule XXI (prohibiting unauthorized appropriations or legislative provisions in an appropriations bill), except as specified in the resolution
• Authorizes he Chair to accord priority in recognition to Members who have pre-printed their amendments in the Congressional Record.
• Provides one motion to recommit with or without instructions.

Summary

Amendments Adopted in Full Committee: 

(Visclosky):  Increases funding for energy conservation and weatherization activities by $30 million offset by a corresponding reduction in GNEP. 

FUNDING LEVELS:

The Chairman’s mark provides a total of $30 billion in budget authority for the U.S. Army Corps of Engineers-Civil, the Department of Interior including the Bureau of Reclamation, the Department of Energy, and several Independent Agencies.  This bill is $172 million below last year’s level and $546 million above the President’s request.    

CORPS OF ENGINEERS:

The Chairman’s mark supports a vigorous Civil Works program while focusing limited resources on completing high priority projects.  The recommendation of $5 billion, $251 million above the President’s request and $345 million below last year’s level when adjusted for emergency supplementals.  The bill continues a number of significant reforms to improve project execution and financial management, including more responsible use of reprogrammings, continuing contracts, and implementation of long-term financial planning.

BUREAU OF RECLAMATION:

The budget request for Department of Interior activities funded in our bill — primarily for the Bureau of Reclamation — is $924 million and our Subcommittee recommendation is $941 million.  This is an increase of $17 million over the request, and is $114 million below the fiscal year 2006 funding level.  This includes $6 million to assess existing and future flood risks in the California Bay-Delta area near Sacramento and a five-year budget planning requirement for the Bureau. 

ENERGY INITIATIVES:

The bill provides $24.373 billion for the Department of Energy, $327 million above the FY2006 level and $299 million above the request.

• The bill fully funds the American Competitiveness Initiative which would strengthen basic research by increasing funding for the DOE Office of Science, for a total of $4.132 billion.  In addition, the bill supports the Advanced Energy Initiative by increasing funding for a variety of clean energy technologies, including biomass, hydrogen, solar, wind, and clean coal.     
• The bill provides $150 million for the Global Nuclear Energy Partnership (GNEP), the administration’s initiative on recycling spent nuclear fuel, $96 million below the request but at the level authorized in the Energy Policy Act of 2005.   
• Energy Supply and Conservation programs are funded at $2.0 billion, $102 million above FY06. The bill restores reductions in other essential energy programs, such as support for university nuclear energy education (funded at $27 million) and weatherization assistance (restoring $78 million cut for a total of $242.5 million).    
• Fossil Energy research and development programs are funded at $558 million, an increase of $88.5 over the request, to include $54 million for FutureGen, and $36.4 million for the Clean Coal Power Initiative.   
• The Bill funds the Yucca Mountain repository at $544.5 million.  This includes $156.4 million for Nuclear Waste Disposal and $388 million for Defense Nuclear Waste Disposal.  In addition, the Committee provides another $30 million for interim storage of spent fuel, subject to authorization. 
• The National Nuclear Security Administration (NNSA), which includes the nuclear weapons program, defense nuclear nonproliferation, naval reactors and the Office of the Administrator, is funded at $9.2 billion, an increase of $95 million over last year and $116 million below the President’s request.  Defense Nuclear Nonproliferation activities are funded at $1.6 billion, $22 million below FY06 and $133 million below the request.  The bill provides $105 million for container screening at foreign ports, $65 million above the request.  Weapons activities are funded at $6.4 billion, $42 million above FY06 and $4 million above the request.  Within the Weapons Activities account, the bill targets $140 million for weapons complex reform and consolidation activities. 
• Defense Environmental Cleanup programs are funded at $5.55 billion, an increase of $161.5 million over the request.  The Chairman’s mark provides $600 million for the Hanford Waste Treatment and Immobilization Plant.   Non-defense Environmental Cleanup activities are funded at $309.9 million, a decrease of $0.4 million below the request.   
• The Power Marketing Administrations are funded at $252 million, $18 million below last year and the same as the request.   
• The Denali Commission total funding is $7.5 million.  Appalachian Regional Commission is reduced by $30 million, total funding is $35.5 million    The Nuclear Regulatory Commission is funded at $808.4 million, an increase of $40 million to provide for the anticipated growth in reactor license applications. 
• The bill terminates the following programs: 
  • State energy program grants:  $49.5 million
  • Geothermal R&D technology:  $23 million
  • Natural gas R&D technologies:  $20 million
  • Construction of the Mixed Oxide Fuel Plant and the Pit Disassembly and Conversion Facility at the Savannah Site:  $368 million
• The bill reduces total earmarks by $200 million, or 16 percent, compared to last year’s House bill.

Amendments Offered on Wednesday, May 24, 2006:

Rep. Visclosky (IN) offered an amendment on Wednesday, May 24, 2006; a point of order was sustained against the amendment. The amendment increases funding in the bill by $1 billion for various projects. The increase would be offset by a reduction in the tax cut for taxpayers earning in excess of $1 million in calendar year 2007. Contact: 5-2461.

Rep. Deal (GA) offered an amendment (#1) on Wednesday, May 24, 2006; it was agreed to by recorded vote: (Roll No. 196). The amendment strikes section 110 from the bill. Section 110 prohibits use of funds in the bill to revise the master control plans and master manuals of the Corps of Engineers for the Alabama, Coosa, Tallapoosa River basin in Alabama and Georgia or the Apalachicola, Chattahoochee, Flint River Basin in Alabama, Georgia, and Florida. Contact: 5-5211. Text of the Amendment

Rep. Markey (MA) offered an amendment on Wednesday, May 24, 2006; it failed by recorded vote: (Roll No. 197). The amendment cuts the Global Nuclear Energy Partnership (GNEP) by $40 million. Contact: 5-2836. Text of the Amendment

Rep. DeLauro (CT) offered an amendment on Wednesday, May 24, 2006; it was agreed to by recorded vote: (Roll No. 198). The amendment restores the $49.5 million level for State Energy Grants programs. Contact: 5-3661.

Rep. Millender-McDonald (CA) offered an amendment on Wednesday, May 24, 2006; it was agreed to by voice vote. The amendment increases Energy Efficiency Programs by $5 million. Contact: 5-7924.

Reps. Andrew/Leach offered an amendment on Wednesday, May 24, 2006; it was agreed to by recorded vote: (Roll No. 199). The amendment would add $27.8 million to Defense Nuclear Nonproliferation for The Global Threat Reduction Initiative (GTRI). This would be offset by a reduction in administrative expenses for the Department of Energy by 10 percent, to levels just above that funded for FY06. Contact: 5-6576.

Rep. Barton (TX) offered an amendment (#4) on Wednesday, May 24, 2006; it was agreed to by voice vote. The amendment states that none of the funds made available by this Act from the Nuclear Waste Fund may be used to carry out the Global Nuclear Energy Partnership program. Contact: 5-2002. Text of the Amendment

Rep. Berkley (NV) offered an amendment on Wednesday, May 24, 2006; it failed by recorded vote: (Roll No. 200). The amendment prohibits the Office of Civilian Radioactive Waste Management from using funds in the bill for the Yucca Mountain Youth Zone Web site. Contact: 5-5965 (Bryan George)

Rep. Markey (MA) offered an amendment on Wednesday, May 24, 2006; it failed by recorded vote: (Roll No. 201). The amendment prohibits funds in the bill from being used for the Ultra-Deep Water and Unconventional research and development program, which funds research into oil- and natural gas-drilling techniques. Contact: 5-2836 (Jeff Duncan) Text of the Amendment

Rep. Visclosky (IN) offered an amendment on Wednesday, May 24, 2006; it was agreed to by voice vote. The amendment prohibits any of the funds made available in the Act from being used in contravention of the Federal buildings performance and reporting requirements of Executive Order 13123, part 3 of title V of the National Energy Conservation Policy Act of 2005 (including the amendments made thereby).  Contact: 5-2461.

Rep. King (IA) offered an amendment on Wednesday, May 24, 2006; it failed by voice vote. The amendment prohibits any of the funds made available in the Act from being used for the Corps of Engineers to implement the Spring Rise, also known as the bimodal spring pulse releases, on the Missouri River. Contact: 5-4426.

Rep. Stupak (MI) offered, and withdrew, an amendment on Wednesday, May 24, 2006. The amendment prohibits the Army Corps of Engineers from implementing new guidelines for how the corps includes dredging of commercial harbors in its budget. The new guidelines require that ports process at least 1 million tons of commodities per year to be individually funded in annual appropriations bills. Contact: 5-4735

Rep Bishop (NY) offered an amendment (#5) on Wednesday, May 24, 2006. The amendment states that none of the funds made available by this Act may be used by the Federal Energy Regulatory Commission to review applications for floating storage and re-gasification units in areas designated under section 32 of the Federal Water Pollution Control Act (33 U.S.C. 1330) as an estuary of national significance. Contact: 5-3826. Text of the Amendment

Rep. Lynch (MA) offered an amendment on Wednesday, May 24, 2006. The amendment directs the Secretary of Energy to develop a plan to cope with potential disruptions in the worldwide oil supply and distribution. Contact: 5-8273.

Amendments to be Offered on Wednesday, May 24, 2006:

Rep. Hefley (CO) may offer an amendment (#2) on Wednesday, May 24, 2006. The amendment states that each amount appropriated or made available by this Act that is not required to be appropriated or made available by a provision of law is hereby reduced by 1 percent. Contact: 5-4422. Text of the Amendment

Rep Brown (OH) may offer an amendment (#3) on Wednesday, May 24, 2006. The amendment states that none of the funds made available. in this Act may be used to enter into a no-bid contract with a company based outside the United States for the purpose of nuclear weapons screening of cargo shipping containers. Contact: 5-3401. Text of the Amendment

Rep. Pallone (NJ) may offer an amendment (#6) on Wednesday, May 24, 2006. The amendment specifies that $6 million of the $143 million provided for water projects in the Mid-Atlantic will be designated for the New York/New Jersey Harbor's drift removal program.. Contact: 5-4671. Text of the Amendment

Rep. Tiahrt (KS) may offer an amendment on Wednesday, May 24, 2006. The amendment prohibits agencies from using funds in the bill to develop or implement regulations without taking into consideration the effect such regulations would have on the competitiveness of U.S. businesses. Contact: 5-6216. Text of the Amendment

Rep. Pickering (MS) may offer an amendment on Wednesday, May 24, 2006. The amendment prohibits Army Corps of Engineers from using funds for disaster relief contracts except in accordance with Section 307 of the Stafford Act, which gives federal agencies discretionary authority to give preference (where practicable and feasible) to local firms in disaster areas when awarding such contracts. Contact: 5-5031 (Mike Hurst) Text of the amendment

Rep. Engel (NY) may offer an amendment on Wednesday, May 24, 2006. The amendment requires that the agencies funded in the Act comply with Section 303 of the Energy Policy Act that requires 75% of new vehicles acquired by federal agencies to be alternative fuel vehicles Contact: 5-2464. (Pete Leon)

Rep. Gordon (TN) may offer an amendment on Wednesday, May 24, 2006. The amendment requires that funds in the bill follow regulations setting energy efficiency standards in federal buildings. Contact: 5-4231

Section by Section

Energy & Water Table

Legislative History

H.R. 5427 was introduced by Rep. Hobson (OH). The bill was reported from the Appropriations Committee, as an original measure, and House Report 109-474 was filed on May 19, 2006.

For additional information or questions, please contact the Appropriations Committee at 5-2771.