Recently in Washington

Last week the House passed Congressman Simpson’s bill, H.R. 4923, the Energy and Water Development and Related Agencies Appropriations Act, 2015. The bill funds the Department of Energy, the Army Corps of Engineers, national defense nuclear weapons facilities, and includes vital funding for the Idaho National Laboratory. The bill passed 253 – 170.  The House also passed H.R. 803, the Workforce Innovation and Opportunity Act, and H.R. 4718, to make permanent bonus depreciation. Simpson supported both bills.

House Passes Energy & Water Appropriations Bill
Chairman Mike Simpson Ensures Inclusion of Critical Funding for the INL

Idaho Congressman Mike Simpson announced that the Fiscal Year 2015 Energy and Water Development Appropriations which passed the House of Representatives last week, increases funding for critical programs at the Idaho National Laboratory. Simpson is Chairman of the House Appropriations Subcommittee on Energy and Water Development, and had the lead role in deciding funding for all Department of Energy programs.

“I am pleased to report that the Energy and Water bill increases funding for many of the vital research efforts at INL,” said Subcommittee Chairman Mike Simpson. “We’ve worked very hard with the Lab and the people of Eastern Idaho to promote INL, its mission, and its vital workforce as keys to a strong nuclear future here in the U.S. and across the globe. The funding increases contained in the bill will have a lasting impact on enhancing the current capabilities of the Lab and building new, unique capabilities that are essential to a vibrant national laboratory. This bill sends a strong message that INL’s work as the DOE’s lead nuclear energy laboratory is critical to our nation’s energy security.”

The FY 2015 Energy and Water Development Appropriations bill sets funding for the DOE’s Office of Nuclear Energy, and the report which accompanied the bill laid out the following funding levels for nuclear energy research and development programs:

-The Idaho Facilities Management account, which covers infrastructure maintenance and improvement at Idaho National Laboratory, is funded at $206 million – a $20 million increase over the President’s request and $9.4 million above last year.

-Idaho National Laboratory’s Safeguards and Security Program is funded at $104 million – an increase of $10 million over fiscal year 2014.

-The Nuclear Energy Enabling Technologies program is funded at $101 million – an increase of nearly $30 million above fiscal year 2014 and $22.8 million above the President’s request.  Increases under this program are directed to fully complete the installation of post-irradiation examination equipment at INL’s Irradiated Materials Characterization Laboratory (IMCL).

-Small Modular Reactor Licensing Support Programs are funded at $54.5 million. This funding is slated for NuScale Power’s Small Modular Reactor which is proposed for construction in Idaho.

-The Light Water Reactor Sustainability program, which is managed by INL and promotes the continued safe operation of America’s existing nuclear reactors, is funded at $35 million, an increase of $5 million over FY2014 and the budget request.

-The Reactor Concepts Research, Development, and Demonstration account is funded at $138 million – an increase of $25 million above fiscal year 2014 and $37.5 million above the President’s request. Within the overall $138 million level for this account, $33 million is allocated to fuel qualification for the High Temperature Gas Reactor, $11 million above the budget request.

-Fuel Cycle Research and Development is funded at $182 million, $4.5 million below fiscal year 2014 and $7 million below the budget request. Within the fuel cycle program, the Advanced Fuels program is funded at $60.1 million, the same as last year and $17 million above the budget request, and Used Nuclear Fuel Disposition research and development is funded at $55 million, $25 million above fiscal year 2014 and $6 million above the budget request.

-Within the Office of Naval Reactors, the bill includes $68 million for the operation of the Advanced Test Reactor, an increase of $1.5 million above fiscal year 2014.

-Within the Office of Electricity Delivery and Energy Reliability, the bill includes $5 million for the development of an Electric Grid Test Bed program to enhance existing full-scale electric grid testing capabilities like those at Idaho National Laboratory.

The bill also provides $380 million for cleanup activities associated with the Idaho Cleanup Project and the Advanced Mixed Waste Treatment Project co-located on the Idaho desert with Idaho National Laboratory.  The funding level of $380 million is an increase of $13 million above the President’s request and allows the significant cleanup activities currently underway to continue. The bill also includes an additional $2 million for the National Spent Fuel Program, putting the unique expertise of INL to work in order to provide solutions for managing the Department of Energy’s inventories of spent nuclear fuel.  Finally, $10 million is provided separately for security improvements of spent fuel storage at Fort St. Vrain, Colorado, which is managed by INL. Separate funding will ensure these needs do not impact the progress of ongoing cleanup activities in Idaho.  

Despite the Obama Administration’s unilateral decision to disregard the federal government’s legal requirement to take responsibility for civilian spent nuclear fuel, the bill continues Nuclear Regulatory Commission funding for a nuclear waste storage facility at Yucca Mountain and to support the continued adjudication of the Yucca Mountain license application. 

Overall, the Energy and Water Development Appropriations bill provides $34 billion for the functions of the Department of Energy, the Army Corps of Engineers, the Bureau of Reclamation and a number of independent agencies, including direction for the Nuclear Regulatory Commission and the Bonneville Power Administration.

“The Energy and Water Development bill touches virtually every American in some way and is critical to our nation’s energy and national security,” said Chairman Simpson. "This bill reflects the tough decisions necessitated by our challenging fiscal environment, while placing emphasis where it is needed most: meeting critical national security needs and investing in our nation's infrastructure. It prioritizes the maintenance and safety of our nuclear weapons stockpile, while also funding important infrastructure projects and research that will increase U.S. economic competitiveness and growth."  

The bill passed the House by a vote of 253-170, and will next be conferenced with the Senate version of the same bill. The complete Committee Report can be found at:  http://appropriations.house.gov/uploadedfiles/hrpt-113-hr-fy2015-energywater.pdf  

Simpson Champions Idaho Priorities in House Interior Appropriations Bill
House subcommittee mark includes PILT and wildfire funding, limits EPA regulations

Idaho Congressman Mike Simpson last week supported the House Interior and Environment Appropriations bill for FY15 during subcommittee consideration.  The bill takes significant steps to protect western interests and reflects Simpson’s influence as a member of the subcommittee.  Among Simpson’s priorities included in the bill is full funding for Payment in Lieu of Taxes, a vital program in the west that ensures communities are adequately compensated for the lack of tax revenue due to the presence of federal land.

“Every county in Idaho depends on the federal government meeting its obligations through Payments in Lieu of Taxes,” said Simpson.  “PILT is essentially the government’s property tax on the federal land it owns, and it needs to be paid in full and on time.  I’m pleased that full funding was included in the Interior bill for FY15.  I am also committed to fulfilling the promises made to public lands counties in the long-term and will continue working to provide permanent certainty for Idaho’s counties.”

The bill also fully funds wildfire suppression at the 10-year average, an increase of $149 million over last year’s levels.  During the subcommittee markup, Simpson continued to advocate for fixing the flaws in the process of budgeting for wildfire suppression.  Simpson’s separate legislation to end the destructive practice of fire borrowing by treating catastrophic wildfires like similar natural disasters has over 100 cosponsors, including every member of the subcommittee.  “We’ve got to [pass this bill] if we want to reduce the costs of wildfires in the future,” he said during the markup.  “It doesn’t make sense to continue robbing from programs that remove hazardous fuels in order to pay for wildfire suppression.  Hopefully we will be able to get this through Congress this year.”

The Interior bill also includes a number of provisions championed by Simpson that benefit Idaho, including:

-Language preventing the EPA from dramatically expanding its jurisdiction over state and local water under the Clean Water Act;

-Permanent extension of language that allows agencies to renew grazing permits while environmental work is completed;

-Language delaying the court-imposed deadline for determining whether to list sage-grouse as an endangered species for one year to enable states and federal agencies to complete work on sage-grouse management plans.

-Language prohibiting the EPA from moving forward with economically harmful proposals to regulate greenhouse gases from stationary sources.

The bill, which was voice voted out of subcommittee, now moves to full committee consideration.

Risch, Crapo and Simpson Praise Senate Passage of Water Bill
Simpson’s bill now poised to become law

U.S. Senators Jim Risch and Mike Crapo with Congressman Mike Simpson, last week praised passage of a bill authored by Simpson to permit existing water diversions in Idaho wilderness areas. The Idaho Wilderness Water Resources Protection Act was passed unanimously by the full United States Senate. 

There are a number of water diversions in both the Frank Church-River of No Return Wilderness and the Selway-Bitteroot Wilderness areas that have existed since before the wilderness areas were established.  Simpson’s bill will allow the U.S. Forest Service to issue special use permits to owners of water systems, authority that it currently lacks.

“I am happy to know that this vital legislation is on its way to becoming law,” said Risch.  “Predating the existence of the wilderness areas, private land owners had received permits to maintain and repair water diversions that existed on national forest system lands.  Many of the permits have since expired leaving those who own the water diversions without options for maintaining their water systems. This legislation will protect these private property rights and give the Secretary of Agriculture the authority to reissue and issue special use authorizations to the owners of these diversion facilities within the Frank Church and the Selway-Bitteroot Wilderness areas.”

“This common sense legislation makes good on commitments to private landowners made by previous lawmakers when designating wilderness areas in Idaho,” said Crapo.  “Passage of this bill will not only provide much-needed certainty for landowners who were hampered from improving water infrastructure on wilderness inholdings, but will also provide clarity for the U.S. Forest Service.”  

“I’m so pleased to see that H.R. 876 is on its way to the President’s desk to be signed into law,” said Simpson. “This bill is simple and non-controversial, but it is important to those who own or use water diversions in Idaho wilderness that have existed since before the wilderness was created.  By passing this bill into law, these folks will be able to work with the Forest Service to maintain and repair these diversions as needed.”

The Idaho Wilderness Water Resources Protection Act now awaits the President’s signature before it becomes law.

Committee Schedule

Tuesday
At 9:00 a.m., the Appropriations Committee will hold a markup of the Fiscal Year 2015 Interior and Environment Appropriations Bill.

Floor Schedule

MONDAY, JULY 14TH
On Monday, the House will meet at 12:00 p.m. for morning hour and 2:00 p.m. for legislative business. Votes will be postponed until 6:30 p.m.

Legislation Considered Under Suspension of the Rules:

1) H.R. 5031 - The STEM Education Act of 2013 (Sponsored by Rep. Lamar Smith / Science, Space, and Technology Committee)

2) H.R. 1786 - The National Windstorm Impact Reduction Act Reauthorization of 2014 (Sponsored by Rep. Randy Neugebauer / Science, Space, and Technology Committee)

3) H.R. 5035 - To reauthorize the National Institute of Standards and Technology, and for other purposes (Sponsored by Rep. Larry Buchson / Science, Space, and Technology Committee)

4) H.R. 5056 - The Research and Development Efficiency Act (Sponsored by Rep. Larry Buchson / Science, Space, and Technology Committee)

5) H.R. 5029 - The International Science and Technology Cooperation Act of 2014 (Sponsored by Rep. Daniel Lipinski / Science, Space, and Technology Committee)

6) H.R. 451 - To designate the facility of the United States Postal Service located at 500 North Brevard Avenue in Cocoa Beach, Florida, as the "Richard K. Salick Post Office" (Sponsored by Rep. Bill Posey / Oversight and Government Reform Committee)

7) H.R. 606 - To designate the facility of the United States Postal Service located at 815 County Road 23 in Tyrone, New York, as the "Specialist Christopher Scott Post Office Building" (Sponsored by Rep. Tom Reed / Oversight and Government Reform Committee)

8) H.R. 2223 - To designate the facility of the United States Postal Service located at 220 Elm Avenue in Munising, Michigan, as the "Elizabeth L. Kinnunen Post Office Building" (Sponsored by Rep. Dan Benishek / Oversight and Government Reform Committee)

9) H.R. 3534 - To designate the facility of the United States Postal Service located at 113 West Michigan Avenue in Jackson, Michigan, as the "Officer James Bonneau Memorial Post Office" (Sponsored by Rep. Tim Walberg / Oversight and Government Reform Committee)

10) H.R. 2802 - To designate the facility of the United States Postal Service located at 418 Liberty Street in Covington, Indiana, as the "Fountain County Veterans Memorial Post Office" (Sponsored by Rep. Todd Rokita / Oversight and Government Reform Committee)

11) H.R. 4355 - To designate the facility of the United States Postal Service located at 201 B Street in Perryville, Arkansas, as the "Harold George Bennett Post Office" (Sponsored by Rep. Tim Griffin / Oversight and Government Reform Committee)

12) H.R. 3027 - To designate the facility of the United States Postal Service located at 442 Miller Valley Road in Prescott, Arizona, as the "Barry M. Goldwater Post Office" (Sponsored by Rep. Paul Gosar / Oversight and Government Reform Committee)

13) H.R. 2291 - To designate the facility of the United States Postal Service located at 450 Lexington Avenue in New York, New York, as the "Vincent R. Sombrotto Post Office" (Sponsored by Rep. Carolyn Maloney / Oversight and Government Reform Committee)

14) H.R. 3085 - To designate the facility of the United States Postal Service located at 3349 West 111th Street in Chicago, Illinois, as the "Captain Herbert Johnson Memorial Post Office Building" (Sponsored by Rep. Dan Lipinski / Oversight and Government Reform Committee)

15) H.R. 4416 - To redesignate the facility of the United States Postal Service located at 161 Live Oak Street in Miami, Arizona, as the "Staff Sergeant Manuel V. Mendoza Post Office Building" (Sponsored by Rep. Ann Kirkpatrick / Oversight and Government Reform Committee)

16) H.R. 4193 - The Smart Savings Act, as amended (Sponsored by Rep. Darrell Issa / Oversight and Government Reform Committee)

17) H.R. 4195 - The Federal Register Modernization Act (Sponsored by Rep. Darrell Issa / Oversight and Government Reform Committee)

18) H.R. 4185 - The District of Columbia Courts, Public Defender Service, and Court Services and Offender Supervision Agency Act (Sponsored by Del. Eleanor Holmes Norton / Oversight and Government Reform Committee)

19) H.R. 4197- The All Circuit Review Extension Act (Sponsored by Rep. Elijah Cummings / Oversight and Government Reform Committee)

20) H.R. 1192 - To redesignate Mammoth Peak in Yosemite National Park as “Mount Jessie Benton Fre’mont” (Sponsored by Rep. Tom McClintock / Natural Resources Committee)

H.R. 5016 - Financial Services and General Government Appropriations Act, 2015 (Modified Open Rule) (Sponsored by Rep. Ander Crenshaw / Appropriations Committee)

TUESDAY, JULY 15TH
On Tuesday, the House will meet at 10:00 a.m. for morning hour and 12:00 p.m. for legislative business.

Legislation Considered Under Suspension of the Rules:

1) H.R. 3086 - Permanent Internet Tax Freedom Act (Sponsored by Rep. Bob Goodlatte / Judiciary Committee)

2) H.R. 306 - For the relief of Corina de Chalup Turcinovic (Sponsored by Rep. Dan Lipinski / Judiciary Committee)

H.R. 5021 - Highway and Transportation Funding Act of 2014 (Subject to a Rule) (Sponsored by Rep. Dave Camp / Transportation and Infrastructure Committee)/ Ways and Means Committee / Science, Space, and Technology Committee / Energy and Commerce Committee / Education and the Workforce Committee / Natural Resources Committee)

H.R. 5016 - Financial Services and General Government Appropriations Act, 2015 (Modified Open Rule) (Sponsored by Rep. Ander Crenshaw / Appropriations Committee)

WEDNESDAY, JULY 16TH
On Wednesday, the House will meet at 10:00 a.m. for morning hour and 12:00 p.m. for legislative business

H.R. 5016 - Financial Services and General Government Appropriations Act, 2015 (Modified Open Rule)  (Sponsored by Rep. Ander Crenshaw / Appropriations Committee)

THURSDAY, JULY 17TH
On Thursday, the House will meet at 9:00 a.m. for legislative business. Last votes expected no later than 3:00 p.m.

H.R. 4719 - Fighting Hunger Incentive Act of 2014 (Subject to a Rule) (Sponsored by Rep. Tom Reed / Ways and Means Committee)

Possible consideration of H.R. 4871 - TRIA Reform Act of 2014 (Sponsored by Rep. Randy Neugebauer / Financial Services Committee)

FRIDAY, JULY 18TH
On Friday, no votes are expected in the House.

In the News

House passes $34B energy-water spending bill

Nick Juliano, Energy and Environment Daily, July 11, 2014

The House yesterday passed its $34 billion energy and water spending plan after two days of marathon debate that saw votes to maintain funding for the Department of Energy's reinvigorated loan guarantee program, continue to block enforcement of a light-bulb efficiency regulation and undermine parts of President Obama's climate agenda.

The fiscal 2015 appropriations bill for DOE, the Army Corps of Engineers and other agencies, H.R. 4923, passed 253-170. The bill would give the Army Corps about $5.5 billion and would provide $10.3 billion for DOE energy and science programs, with boosts to fossil and nuclear accounts and cuts to clean energy spending compared to the president's budget request (Greenwire, June 18).

What happens now remains to be seen. It is a virtual certainty that the House bill will not be taken up by the Senate, which last month abandoned plans to pursue its own energy and water spending bill. Fiscal 2015 begins Oct. 1, meaning Congress likely will have to enact at least a short-term continuing resolution by then or risk another government shutdown a month before the midterm elections.

"While the Senate has failed to pass any appropriations bills to date, this is now the sixth such measure to make its way through the House," Speaker John Boehner (R-Ohio) said in a statement following the vote. "We're doing our job and advancing solutions: helping small businesses grow and create jobs, lowering energy costs, and expanding opportunity for everyone."

Debate over the spending bill featured consideration of dozens of amendments, ranging from the politically potent to the parochially prized. Lawmakers forced votes on hot-button topics such as climate change and clean energy spending, and demonstrated a willingness to deliver for constituents with narrower measures shifting money to various home-state priorities.

DOE's broader loan guarantee program counted on bipartisan support to successfully dodge an effort to defund it.

House Appropriations Chairman Hal Rogers (R-Ky.) made his only appearance in yesterday's debate to defend DOE's loan program office from an amendment offered by Rep. Steve Stockman (R-Texas) to prevent any money from being spent to administer the loan program. The chairman said he "strongly" opposed the amendment, which he suggested would do more harm than good.

"The funds my colleague seeks to remove are administrative costs the Department of Energy needs to conduct oversight of its existing loan portfolio," Rogers noted, going on to defend some of the projects supported by the program itself. For example, the recently finalized $6.5 billion loan guarantee to support Southern Co.'s construction of two new nuclear reactors at Plant Vogtle in Georgia, Rogers said, "will create thousands of jobs."

Stockman's amendment failed 140-282.

A second Stockman amendment fared better, though it will have almost no effect. It would prevent DOE from spending any money to block an offshore drilling permit -- which Democrats noted the department has no authority over. The amendment passed 218-204.

In one notable development last night, the House voted to block a $150 million loan guarantee for Cape Wind with nary a peep from defenders of the Massachusetts project that hopes to become the nation's first offshore wind farm. DOE last week announced a conditional commitment, but final arrangements between the government and Cape Wind Associates LLC still need to be worked out (Greenwire, July 1).

Rep. Randy Weber (R-Texas), who sponsored the amendment to the bill, delivered a brief recitation of criticisms faced by the project, which has been in development for over a decade, complaining that it would deploy turbines and other infrastructure built in Europe.

The speech was greeted by crickets from the Democratic side of the aisle, with no member standing up to defend Cape Wind before the amendment was added to the bill via a voice vote.

Still, the amendment seems to be a largely symbolic measure. Even if the rider made it into law, the earliest it could tie DOE's hands would be the Oct. 1 beginning of the next fiscal year; if the loan guarantee is finalized before then, the amendment would appear to have little effect. And the Senate would not be expected to go along with the proposal in any event.

Rep. Mike Simpson (R-Idaho), who chairs the Energy and Water Development Appropriations Subcommittee, acknowledged that it might not have any effect and was designed to be narrowly targeted.

"I don't know that you're really going to have an effect here," Simpson told E&E Daily last night. "And we told them that if it caused problems in the way it was written -- because we wanted to make sure that we weren't affecting anything else -- and if it had problems, we would between now and conference see what it did, essentially."

A Cape Wind spokesman dismissed the rider as a partisan stunt.

"It's sad and unfortunate that any House Republican who espouses support for an all of the above energy policy would even try to block clean domestic offshore wind from being part of our energy mix," Mark Rodgers, Cape Wind's communications director, said in an email.

"This loan program was enacted by a Republican majority Congress and President George W. Bush in 2005 and was intended to assist financing of innovative energy projects that reduce greenhouse gas emissions, it makes perfect sense that America's first offshore wind farm was selected for this program."

Rep. Michael Burgess (R-Texas) succeeded in reattaching his perennial "light bulb rider," which has been one of the few significant policy changes Republicans have succeeded in getting signed into appropriations laws since they took control of the House. The amendment, which passed 226-193, would prevent DOE from enforcing efficiency standards enacted as part of the 2007 energy law. Somewhat ironically, Burgess is an honorary board member at the Alliance to Save Energy, a leading efficiency advocacy group.

Among other amendments that passed last night were Rep. Doug LaMalfa's (R-Calif.) bid to reaffirm exemptions for certain agricultural activities under the Clean Water Act, which passed 239-182, and Rep. Paul Gosar's (R-Ariz.) amendment to block funding for DOE climate modeling efforts, which was adopted 226-194.

A couple of other climate-related amendments passed on voice votes after the House earlier yesterday afternoon supported amendments aimed at the administration's social-cost-of-carbon calculation and potential consideration of life-cycle greenhouse gas emissions in evaluating liquefied natural gas exports (E&ENews PM, July 10).

The House voted down, 150-271, an amendment from Rep. Marsha Blackburn (R-Tenn.) to cut the bill by 1 percent across the board. Rep. Richard Hudson (R-N.C.) sought an approximately 7.5 percent cut to several nuclear weapons related programs in the bill, but his amendment failed 131-289. A Democratic motion to recommit the entire bill, from Rep. Bill Enyard (D-Ill.), failed 188-231.