Energy and Water Development:
November 9December 8, 2020 , 2020
FY2021 Appropriations
Mark Holt
The Energy and Water Development and Related Agencies appropriations bill provides funding
The Energy and Water Development and Related Agencies appropriations bill provides funding
Specialist in Energy Policy
Specialist in Energy Policy
for civil works projects of the U.S. Army Corps of Engineers (USACE); the Department of the
for civil works projects of the U.S. Army Corps of Engineers (USACE); the Department of the
Interior’s Bureau of Reclamation (Reclamation) and Central Utah Project (CUP); the Department
Interior’s Bureau of Reclamation (Reclamation) and Central Utah Project (CUP); the Department
Corrie E. Clark
of Energy (DOE); the Nuclear Regulatory Commission (NRC); the Appalachian Regional
of Energy (DOE); the Nuclear Regulatory Commission (NRC); the Appalachian Regional
Analyst in Energy Policy
Analyst in Energy Policy
Commission (ARC); and several other independent agencies. DOE typically accounts for about
Commission (ARC); and several other independent agencies. DOE typically accounts for about
80% of the bill’s funding.
80% of the bill’s funding.
Overall Funding Totals
President Trump submitted his FY2021 budget proposal to Congress on February 10, 2020. The budget requests for agencies
President Trump submitted his FY2021 budget proposal to Congress on February 10, 2020. The budget requests for agencies
included in the Energy and Water Development appropriations bill total $included in the Energy and Water Development appropriations bill total $
43.18042.559 billion, including budget offsets. This was billion, including budget offsets. This was
$5.$5.
143764 billion ( billion (
1112%) below the FY2020 enacted Energy and Water Development total of $48.324 billion, not including %) below the FY2020 enacted Energy and Water Development total of $48.324 billion, not including
supplemental appropriations. The House Appropriations Committee approved its FY2021 Energy and Water Development supplemental appropriations. The House Appropriations Committee approved its FY2021 Energy and Water Development
appropriations bill July 13, 2020 (H.R. 7613, H.Rept. 116-449). The Energy and Water bill was included as Division C in the appropriations bill July 13, 2020 (H.R. 7613, H.Rept. 116-449). The Energy and Water bill was included as Division C in the
second FY2021 consolidated appropriations bill (H.R. 7617), passed by the House July 31, 2020. The House-passed bill second FY2021 consolidated appropriations bill (H.R. 7617), passed by the House July 31, 2020. The House-passed bill
would provide total non-emergency energy and water development funding of $49.601 billion, including offsets. This is would provide total non-emergency energy and water development funding of $49.601 billion, including offsets. This is
$1.278 billion (3%) above the FY2020 enacted level and $$1.278 billion (3%) above the FY2020 enacted level and $
6.4217.042 billion ( billion (
1517%) above the request. In addition, the bill includes %) above the request. In addition, the bill includes
$44.050 billion in emergency FY2021 energy and water appropriations (described below), for a total of $93.651 billion. $44.050 billion in emergency FY2021 energy and water appropriations (described below), for a total of $93.651 billion.
DOE would receive $35.729 billion under the Administration’s FY2021 budget request (excluding offsets)—a decrease of $2.928 billion (8%) from the FY2020 enacted level. The House-passed bill includes $40.864 billion for DOE, up 6% from FY2020, excluding emergency funding. The FY2021 request for Energy Efficiency and Renewable Energy (EERE) is $720 million, which is $2.070 billion (74%) below the FY2020 enacted level. Nuclear Energy Research and Development (R&D) would drop from $1.493 billion in FY2020 to $1.180 billion in FY2021 (21%), and Fossil Energy R&D would be reduced from $750 million to $731 million (3%). DOE’s Office of Science would receive $5.838 billion, down $1.162 billion (17%) from the FY2020 enacted level. Environmental Management (waste management and cleanup) would decline from $7.455 billion in FY2020 to $6.066 billion in FY2021 (down $1.39 billion, or 19%). The National Nuclear Security Administration (NNSA), the DOE agency responsible for defense-related nuclear activities, would increase from $16.705 billion in FY2020 to $19.771 billion in FY2021 (up $3.066 billion, or 18%). From the FY2020 funding levels, the House-passed bill includes increases of $60 million for EERE, $55 million for Science, and $1.333 billion for NNSA. The bill includes reductions of $58 million for Nuclear Energy and $15 million for Fossil EnergyThe Chairman of the Senate Appropriations Committee released a draft FY2021 Energy and Water bill and explanatory statement on November 10, 2020 (https://www.appropriations.senate.gov/news/committee-releases-fy21-bills-in-effort-to-advance-process-produce-bipartisan-results), without scheduled subcommittee or committee markups. The Senate draft includes $51.864 billion for Energy and Water Development programs—$9.305 billion above the budget request and $3.540 billion above the FY2020 enacted appropriation, excluding emergency appropriations.
DOE would receive $35.732 billion under the Administration’s FY2021 budget request (excluding offsets)—a decrease of $2.925 billion (8%) from the FY2020 enacted level. The House-passed bill includes $40.864 billion for DOE, up 6% from FY2020, excluding emergency funding. The draft Senate bill includes $42.041 billion for DOE, an increase of $6.309 billion (18%) from the request, $1.178 billion (3%) over the House-passed bill, and $3.384 billion (9%) over the FY2020 enacted level. The two water agencies in the bill would see funding cuts . The two water agencies in the bill would see funding cuts
under the FY2021 budget request. USACE would decline from $7.650 billion in FY2020 to $5.966 billion in FY2020 (down under the FY2021 budget request. USACE would decline from $7.650 billion in FY2020 to $5.966 billion in FY2020 (down
$1.684 billion, or 22%). Reclamation (separately from CUP) would be reduced from $1.660 billion in FY2020 to $1.128 $1.684 billion, or 22%). Reclamation (separately from CUP) would be reduced from $1.660 billion in FY2020 to $1.128
billion in FY2021 (down $532 million, or 32%). The House-passed bill includes reductions of $21 million (0.3%) for billion in FY2021 (down $532 million, or 32%). The House-passed bill includes reductions of $21 million (0.3%) for
USACE and $30 million (2%) for Reclamation from their FY2020 enacted levels, excluding emergency supplementals. USACE and $30 million (2%) for Reclamation from their FY2020 enacted levels, excluding emergency supplementals.
The draft Senate bill would provide $7.722 billion for USACE, $93 million (1%) above the House level. For Reclamation, the draft Senate bill would provide $1.670 billion, $40 million (2%) above the House level.
Emergency Funding
Title VI of the House-passed bill includes $44.05 billion in emergency FY2021 funding—nearly doubling the bill’s total
Title VI of the House-passed bill includes $44.05 billion in emergency FY2021 funding—nearly doubling the bill’s total
appropriations. These “additional infrastructure investments” are intended “to support the economic recovery from the appropriations. These “additional infrastructure investments” are intended “to support the economic recovery from the
coronavirus pandemic,” according to the House Appropriations Committee report. USACE would receive $17.0 billion, coronavirus pandemic,” according to the House Appropriations Committee report. USACE would receive $17.0 billion,
Reclamation would receive $3.0 billion, and DOE would receive $24.050 billion. The largest amounts of the DOE Reclamation would receive $3.0 billion, and DOE would receive $24.050 billion. The largest amounts of the DOE
emergency funding would go to EERE ($8.330 billion), Science (6.250 billion), Defense Environmental Cleanup ($2.685 emergency funding would go to EERE ($8.330 billion), Science (6.250 billion), Defense Environmental Cleanup ($2.685
billion), Electricity ($3.350 billion), Nuclear Energy ($1.250 billion), and Fossil Energy ($1.250 billion). billion), Electricity ($3.350 billion), Nuclear Energy ($1.250 billion), and Fossil Energy ($1.250 billion).
The draft Senate bill does not include emergency appropriations for Energy and Water Development programs.
Major Issues
Major FY2021 Energy and Water Development funding issues include Administration proposals to Major FY2021 Energy and Water Development funding issues include Administration proposals to
limit funding for water projects, reduce energy R&D reduce energy R&D
funding, eliminate weatherization grants for low-income householdsfunding, eliminate weatherization grants for low-income households
, establish a national uranium reserve, and substantially increase DOE nuclear weapons , and substantially increase DOE nuclear weapons
activities, as well as theactivities; emergency supplemental funding included in the emergency supplemental funding included in the
House-passed bill; and a Senate majority draft proposal for renewable energy grid integrationHouse-passed bill. .
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4145 Energy and Water Development: FY2021 Appropriations
Contents
Introduction and Overview .............................................................................................................. 1
Administration Request ............................................................................................................. 2 House-Passed Bill ..................................................................................................................... 3 Senate Committee Majority Draft ............................................................................................. 3 Emergency Funding .................................................................................................................. 34
Earlier-Year Funding ................................................................................................................. 34
Budgetary Limits ....................................................................................................................... 45
Funding Issues and Initiatives ......................................................................................................... 56
Army Corps of Engineers and Reclamation Budgets ................................................................ 56
Power Marketing Administration Proposals ............................................................................. 57
Termination of Energy Efficiency Grants ................................................................................. 68
Proposed Reductions in Energy R&D ....................................................................................... 79 Renewable Energy Grid Integration and Storage Initiatives ..................................................... 9
Nuclear Waste Management ...................................................................................................... 7 10
Advanced Reactor Demonstrations ........................................................................................... 8 10
Proposed Uranium Reserve ....................................................................................................... 8 11
Strategic Petroleum Reserve Sales and Purchases Operations ............................................................................. 9.... 12
Elimination of Energy Loans and Loan Guarantees ................................................................ 11 14
Artificial Intelligence and Quantum Information Science Initiatives ...................................... 11 14
International Thermonuclear Experimental Reactor and Fusion Research Grants ................. 1215
Elimination of Advanced Research Projects Agency—Energy............................................... 1316
Weapons Activities Funding Increases .................................................................................... 1317
Cleanup of Former Nuclear Sites: Reductions and Transfers ................................................. 1519
Southwest Border Regional Commission and Southeast Crescent Regional
Commission Funding ........................................................................................................... 1620
Bill Status and Recent Funding History ........................................................................................ 1620
Description of Major Energy and Water Programs ....................................................................... 1721
Agency Budget Justifications .................................................................................................. 1822
Army Corps of Engineers ........................................................................................................ 1923
Bureau of Reclamation and Central Utah Project ................................................................... 2125
Department of Energy ............................................................................................................. 2227
Energy Efficiency and Renewable Energy........................................................................ 2530
Electricity Delivery, Cybersecurity, Energy Security, and Energy Reliability .................. 2630
Nuclear Energy ................................................................................................................. 2631
Fossil Energy Research and Development ........................................................................ 2732
Strategic Petroleum Reserve ............................................................................................. 2832
Science and ARPA-E ........................................................................................................ 2833
Loan Guarantees and Direct Loans ................................................................................... 2934
Nuclear Weapons Activities .............................................................................................. 3035
Defense Nuclear Nonproliferation .................................................................................... 3136
Cleanup of Former Nuclear Weapons Production and Research Sites ............................. 3237
Power Marketing Administrations .................................................................................... 3338
Independent Agencies .................................................................................................................... 3439
Appalachian Regional Commission ........................................................................................ 35
40
Nuclear Regulatory Commission ............................................................................................ 3540
Congressional Hearings ................................................................................................................. 3641
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House ...................................................................................................................................... 3641
Senate ...................................................................................................................................... 37
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Figures
Figure 1. Funding for Major Components of Energy and Water Development
Appropriations Bill, FY2018 through FY2021 Consideration42
Figures Figure 1. Funding for Major Components of Energy and Water Development
Appropriations Bill, FY2019 through FY2021 Consideration ..................................................... 1
Tables Table 1. SPR Budget Accounts: Comparison of FY2021 Budget Request, House Bill, and
Senate Appropriations Committee Majority Draft Bill ..................................................... 1
Tables
Table 1......... 13
Table 2. Status of Energy and Water Development Appropriations, FY2021 ............................... 1720
Table 23. Energy and Water Development Appropriations, FY2013- FY2021 House BillFY2014-FY2021 Preliminary
Action ............. 17
Table 3............................................................................................................................ 21
Table 4. Energy and Water Development Appropriations Summary ............................................. 1822
Table 45. Army Corps of Engineers ................................................................................................ 2024
Table 56. Bureau of Reclamation and CUP ..................................................................................... 2226
Table 67. Department of Energy ...................................................................................................... 2227
Table 78. Independent Agencies Funded by Energy and Water Development
Appropriations ............................................................................................................................ 3439
Table 89. Nuclear Regulatory Commission Funding Categories .................................................... 3641
Contacts
Author Information ........................................................................................................................ 3742
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Energy and Water Development: FY2021 Appropriations
Introduction and Overview
The Energy and Water Development and Related Agencies appropriations bill includes funding The Energy and Water Development and Related Agencies appropriations bill includes funding
for civil works projects of the U.S. Army Corps of Engineers (USACE), in Title I; the Department for civil works projects of the U.S. Army Corps of Engineers (USACE), in Title I; the Department
of the Interior’s Bureau of Reclamation (Reclamation) and Central Utah Project (CUP), in Title of the Interior’s Bureau of Reclamation (Reclamation) and Central Utah Project (CUP), in Title
II; the Department of Energy (DOE), in Title III; and a number of independent agencies, II; the Department of Energy (DOE), in Title III; and a number of independent agencies,
including the Nuclear Regulatory Commission (NRC) and the Appalachian Regional Commission including the Nuclear Regulatory Commission (NRC) and the Appalachian Regional Commission
(ARC), in Title IV.(ARC), in Title IV.
Figure 1 compares the major components of the Energy and Water compares the major components of the Energy and Water
Development appropriations bill from Development appropriations bill from
FY2018FY2019 through the FY2021 House-passed through the FY2021 House-passed
and Senate Appropriations Committee draft levels. levels.
Figure 1. Funding for Major Components of Energy and Water Development
Appropriations Bill, FY2018FY2019 through FY2021 Consideration
(excluding emergency supplementals)
(excluding emergency supplementals)
Sources: Senate Appropriations Committee majority draft Explanatory Statement for Energy and Water Development and Related Agencies Appropriations Bil , 2021; H.R. 7617;H.R. 7617;
H.Rept. 116-449;H.Rept. 116-449;
Explanatory Statement for Division C of H.R. 1865, 116th Congress;Explanatory Statement for Division C of H.R. 1865, 116th Congress;
S.Rept. 116-102;S.Rept. 116-102;
S. 2470;S. 2470;
H.R. 2740; FY2021 Budget Appendix; and agency budget justifications. Includes some H.R. 2740; FY2021 Budget Appendix; and agency budget justifications. Includes some
adjustments; see tables 4-7 for details. adjustments; see tables 4-7 for details.
Notes: FY2021 DOE request total does not include asset sales and certain other offsets. Enacted amounts do FY2021 DOE request total does not include asset sales and certain other offsets. Enacted amounts do
not include subsequent emergency supplemental appropriations. CUP = Central Utah Project Completion not include subsequent emergency supplemental appropriations. CUP = Central Utah Project Completion
Account. FY2021 House levels exclude emergency appropriations and certain offsets. Account. FY2021 House levels exclude emergency appropriations and certain offsets.
President Trump submitted his FY2021 budget request to Congress on February 10, 2020. The
President Trump submitted his FY2021 budget request to Congress on February 10, 2020. The
budget requests for agencies included in the Energy and Water Development appropriations bill budget requests for agencies included in the Energy and Water Development appropriations bill
total $total $
43.18042.559 billion, including budget offsets. This was $5. billion, including budget offsets. This was $5.
143764 billion ( billion (
1112%) below the FY2020 %) below the FY2020
enacted Energy and Water Development total of $48.324 billion, not including supplemental enacted Energy and Water Development total of $48.324 billion, not including supplemental
appropriations.1 The House Appropriations Committee approved its FY2021 Energy and Water appropriations.1 The House Appropriations Committee approved its FY2021 Energy and Water
Development appropriations bill July 13, 2020 (H.R. 7613, H.Rept. 116-449). The Energy and Water bill was included as Division C in the second FY2021 consolidated appropriations bill
1 Most figures for the FY2020 enacted appropriations and FY2021 Administration Request are taken from the House 1 Most figures for the FY2020 enacted appropriations and FY2021 Administration Request are taken from the House
Appropriations Committee report on the Energy and Water Development and Related Agencies Appropriations Bill, Appropriations Committee report on the Energy and Water Development and Related Agencies Appropriations Bill,
2021 (H.Rept. 116-449), July 15, 20202021 (H.Rept. 116-449), July 15, 2020
. FY2021, and the Senate Appropriations Committee majority draft FY2021 explanatory statement, https://www.appropriations.senate.gov/imo/media/doc/EWRept.pdf. House-passed figures are taken from H.R. 7617 and the committee House-passed figures are taken from H.R. 7617 and the committee
report. Figures for some subaccounts not shown in the House Appropriations Committee report. Figures for some subaccounts not shown in the House Appropriations Committee
report are taken from the DOE FY2021 Congressional Budget Justification, February 2020, https://www.energy.gov/cfo/downloads/fy-2021-budget-justification.
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Development appropriations bill July 13, 2020 (H.R. 7613, H.Rept. 116-449). The Energy and Water bill was included as Division C in the second FY2021 consolidated appropriations bill (H.R. 7617), passed by the House on July 31, 2020. The House-passed bill would provide total (H.R. 7617), passed by the House on July 31, 2020. The House-passed bill would provide total
non-emergency energy and water development funding of $49.601 billion, including offsets. This non-emergency energy and water development funding of $49.601 billion, including offsets. This
is $1.278 billion (3%) above the FY2020 enacted level and $is $1.278 billion (3%) above the FY2020 enacted level and $
6.4217.042 billion ( billion (
1517%) above the %) above the
request. In addition, the House bill includes $44.050 billion in emergency FY2021 energy and request. In addition, the House bill includes $44.050 billion in emergency FY2021 energy and
water appropriations (described below), for a total of $93.651 billion. water appropriations (described below), for a total of $93.651 billion.
Senate Appropriations Committee Chairman Richard Shelby released draft bills and explanatory statements for all 12 regular FY2021 appropriations bills on November 10, 2020, with no scheduled subcommittee or committee markups. The release of the draft bills was intended to further negotiations on annual appropriations between the House and the Senate.2 (Hereinafter, the draft of the Energy and Water Development appropriations bill and explanatory statement are referred to as “the Senate Appropriations Committee majority draft bill” and “Senate Appropriations Committee majority draft explanatory statement.”) The committee majority’s draft bill and explanatory statement for Energy and Water Development appropriations would provide a total of $51.864 billion, including offsets, according to the comparative statement of new budget authority that is in the explanatory statement. This is $3.540 billion (7%) above the FY2020 enacted level, $9.305 billion (22%) above the request, and $2.262 billion (5%) above the House-passed level, excluding emergency supplemental appropriations.
Administration Request DOE would receive $35.732DOE would receive $35.729 billion under the Administration’s FY2021 budget request billion under the Administration’s FY2021 budget request
(excluding offsets)—a decrease of $2.(excluding offsets)—a decrease of $2.
928925 billion (8%) from the FY2020 enacted level. The billion (8%) from the FY2020 enacted level. The
FY2021 request for Energy Efficiency and Renewable Energy (EERE) is $720 million, which is FY2021 request for Energy Efficiency and Renewable Energy (EERE) is $720 million, which is
$2.070 billion (74%) below the FY2020 enacted level. This includes elimination of grants for $2.070 billion (74%) below the FY2020 enacted level. This includes elimination of grants for
home weatherization assistance and state energy programs. Nuclear Energy Research and home weatherization assistance and state energy programs. Nuclear Energy Research and
Development (R&D) would drop from $1.493 billion in FY2020 to $1.180 billion in FY2021 Development (R&D) would drop from $1.493 billion in FY2020 to $1.180 billion in FY2021
(21%), and Fossil Energy R&D would be reduced from $750 million to $731 million (3%). (21%), and Fossil Energy R&D would be reduced from $750 million to $731 million (3%).
DOE’s Office of Science, which funds a wide range of research, would receive $5.838 billion, DOE’s Office of Science, which funds a wide range of research, would receive $5.838 billion,
down $1.162 billion (17%) from the FY2020 enacted level. Funding for the Advanced Research down $1.162 billion (17%) from the FY2020 enacted level. Funding for the Advanced Research
Projects Agency—Energy (ARPA-E), which received $425 million in FY2020, would be Projects Agency—Energy (ARPA-E), which received $425 million in FY2020, would be
eliminated and $311 million in prior-year funding rescinded. Environmental Management (waste eliminated and $311 million in prior-year funding rescinded. Environmental Management (waste
management and cleanup) would decline from $7.455 billion in FY2020 to $6.066 billion in management and cleanup) would decline from $7.455 billion in FY2020 to $6.066 billion in
FY2021 (down $1.390 billion, or 19%). FY2021 (down $1.390 billion, or 19%).
The National Nuclear Security Administration (NNSA), the DOE agency responsible for defense-
The National Nuclear Security Administration (NNSA), the DOE agency responsible for defense-
related nuclear activities, would be increased from $16.705 billion in FY2020 to $19.771 billion related nuclear activities, would be increased from $16.705 billion in FY2020 to $19.771 billion
in FY2021 (up $3.066 billion, or 18%). Also proposed for increases are DOE’s Office of in FY2021 (up $3.066 billion, or 18%). Also proposed for increases are DOE’s Office of
Electricity (up $5 million, or 3%) and the Office of Cybersecurity, Energy Security, and Electricity (up $5 million, or 3%) and the Office of Cybersecurity, Energy Security, and
Emergency Response (up $29 million, or 18%). Emergency Response (up $29 million, or 18%).
report are taken from the DOE FY2021 Congressional Budget Justification, February 2020, https://www.energy.gov/cfo/downloads/fy-2021-budget-justification.
2 Senate Appropriations Committee, “Committee Releases FY21 Bills in Effort to Advance Process, Produce Bipartisan Results,” November 10, 2020, https://www.appropriations.senate.gov/news/committee-releases-fy21-bills-in-effort-to-advance-process-produce-bipartisan-results. See also the statement from Senate Appropriations Committee Vice Chair Patrick Leahy, at https://www.appropriations.senate.gov/news/minority/senate-approps-vice-chair-leahy-statement-on-the-release-of-the-fy-2021-senate-appropriations-bills-.
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The two major water agencies in the Energy and Water Development appropriations bill would
The two major water agencies in the Energy and Water Development appropriations bill would
see funding reductions under the FY2021 budget request. USACE would decline from $7.650 see funding reductions under the FY2021 budget request. USACE would decline from $7.650
billion in FY2020 to $5.966 billion in FY2021 (down $1.684 billion, or 22%). Reclamation billion in FY2020 to $5.966 billion in FY2021 (down $1.684 billion, or 22%). Reclamation
(separately from CUP) would be reduced from $1.660 billion in FY2020 to $1.128 billion in (separately from CUP) would be reduced from $1.660 billion in FY2020 to $1.128 billion in
FY2021 (down $532 million, or 32%). FY2021 (down $532 million, or 32%).
Among the independent agencies funded by the bill, the Nuclear Regulatory Commission (NRC)
Among the independent agencies funded by the bill, the Nuclear Regulatory Commission (NRC)
would receive an increase in total appropriations from $856 million in FY2020 to $863 million in would receive an increase in total appropriations from $856 million in FY2020 to $863 million in
FY2021 (up $8 million, or 1%). NRC’s budget is mostly offset by nuclear industry fees, which FY2021 (up $8 million, or 1%). NRC’s budget is mostly offset by nuclear industry fees, which
may vary from year to year; the agency’s net appropriation would decline from $128 million in may vary from year to year; the agency’s net appropriation would decline from $128 million in
FY2020 to $123 million in FY2021 (down $5 million, or 4%). Funding for the Appalachian FY2020 to $123 million in FY2021 (down $5 million, or 4%). Funding for the Appalachian
Regional Commission would decrease from $175 million in FY2020 to $165 million in FY2021 Regional Commission would decrease from $175 million in FY2020 to $165 million in FY2021
(down $10 million, or 6%). Deeper percentage reductions in appropriations were proposed for (down $10 million, or 6%). Deeper percentage reductions in appropriations were proposed for
smaller regional authorities in the bill: Denali Commission (-51%), Delta Regional Authority (-smaller regional authorities in the bill: Denali Commission (-51%), Delta Regional Authority (-
92%), Northern Border Regional Commission (-97%), and Southeast Crescent Regional 92%), Northern Border Regional Commission (-97%), and Southeast Crescent Regional
Commission (-100%). Commission (-100%).
House-Passed Bill The House-passed bill would largely reverse the funding reductions proposed by the The House-passed bill would largely reverse the funding reductions proposed by the
Administration and reduce the Administration’s proposed increases for DOE defense programs. Administration and reduce the Administration’s proposed increases for DOE defense programs.
DOE appropriations in the House bill total $40.864 billion (excluding emergency funding), up DOE appropriations in the House bill total $40.864 billion (excluding emergency funding), up
$2.207 billion (6%) from FY2020. From the enacted FY2020 levels, funding for EERE would $2.207 billion (6%) from FY2020. From the enacted FY2020 levels, funding for EERE would
increase by $60 million (2%), Science would rise $55 million (1%), ARPA-E would increase by increase by $60 million (2%), Science would rise $55 million (1%), ARPA-E would increase by
$10 million (2%), and loan programs would continue unchanged. Nuclear Energy R&D would be $10 million (2%), and loan programs would continue unchanged. Nuclear Energy R&D would be
reduced by $58 million (4%), less than the $313 million reduction sought by the Administration. reduced by $58 million (4%), less than the $313 million reduction sought by the Administration.
The bill would reduce Fossil R&D by $4 million less than the reduction proposed by the The bill would reduce Fossil R&D by $4 million less than the reduction proposed by the
Administration. The House bill would reduce the Administration’s proposed Administration. The House bill would reduce the Administration’s proposed
18% $3.066 billion (18%) increase for increase for
NNSA to NNSA to
8% ($1.333 billion).
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$1.333 billion (8%).
The Administration’s proposed FY2021 funding reductions for water development agencies
The Administration’s proposed FY2021 funding reductions for water development agencies
would be largely reversed under the House-passed bill: regular (non-emergency) appropriations would be largely reversed under the House-passed bill: regular (non-emergency) appropriations
for Reclamation would decrease by $30 million (2%) and for USACE would decline by $21 for Reclamation would decrease by $30 million (2%) and for USACE would decline by $21
million (a fraction of a percent) from their FY2020 enacted levels. For independent agencies million (a fraction of a percent) from their FY2020 enacted levels. For independent agencies
funded by the bill, the House bill would reverse the proposed reductions, mostly calling for level funded by the bill, the House bill would reverse the proposed reductions, mostly calling for level
funding or slight increases. The primary exception is the Delta Regional Authority, which would funding or slight increases. The primary exception is the Delta Regional Authority, which would
be reduced by $15 million (50%) from its FY2020 funding level (compared with the 92% be reduced by $15 million (50%) from its FY2020 funding level (compared with the 92%
reduction sought by the Administration). The House bill also includes first-time funding of reduction sought by the Administration). The House bill also includes first-time funding of
$250,000 for the Southwest Border Regional Commission. $250,000 for the Southwest Border Regional Commission.
Senate Committee Majority Draft The Senate Appropriations Committee majority draft bill and explanatory statement would provide $42.041 billion for DOE, $6.309 billion (18%) above the request and $1.178 billion (3%) above the House-passed level, excluding emergency supplementals. Compared with the House-passed levels, total funding for DOE energy programs would be $206 million (1%) higher under the Senate draft, and defense programs would be $968 million (4%) higher.
For the water agencies, the Senate committee majority draft would provide $7.722 billion for USACE, $1.756 (29%) above the request and $93 million (1%) above the House-passed level, excluding emergency supplemental appropriations. Reclamation would receive $1.670 billion, $542 million (48%) above the request and $40 million (2%) above the House-passed level.
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Independent agencies would receive $413 million, $80 million (24%) above the request and $24 million (6%) above the total approved by the House. The Senate draft does not include startup funding for the Southwest Border Regional Commission.
Emergency Funding
In addition to the regular appropriations described above, Title VI of the House-passed bill In addition to the regular appropriations described above, Title VI of the House-passed bill
includes $44.050 billion in emergency FY2021 funding—nearly doubling the bill’s total includes $44.050 billion in emergency FY2021 funding—nearly doubling the bill’s total
appropriations. These “additional infrastructure investments” are intended “to support the appropriations. These “additional infrastructure investments” are intended “to support the
economic recovery from the coronavirus pandemic,” according to the House Appropriations economic recovery from the coronavirus pandemic,” according to the House Appropriations
Committee report. USACE would receive $17.0 billion, Reclamation would receive $3.0 billion, Committee report. USACE would receive $17.0 billion, Reclamation would receive $3.0 billion,
and DOE would receive $24.050 billion. The emergency spending in Title VI is outside the and DOE would receive $24.050 billion. The emergency spending in Title VI is outside the
annual budget caps described below. annual budget caps described below.
No emergency spending for energy and water development programs is included in the Senate Appropriations Committee majority draft bill.3
The largest amounts of the DOE emergency funding would go to EERE ($8.330 billion), of which
The largest amounts of the DOE emergency funding would go to EERE ($8.330 billion), of which
$3.250 billion would be for weatherization (energy efficiency) improvements to low-income $3.250 billion would be for weatherization (energy efficiency) improvements to low-income
housing, $2.250 billion would be for energy efficiency and conservation block grants, and $1.025 housing, $2.250 billion would be for energy efficiency and conservation block grants, and $1.025
billion would be for electric vehicle infrastructure. Science would receive $6.250 billion in billion would be for electric vehicle infrastructure. Science would receive $6.250 billion in
emergency appropriations for upgrades to scientific research facilities. Other DOE programs emergency appropriations for upgrades to scientific research facilities. Other DOE programs
receiving the largest amount of emergency funding include Defense Environmental Cleanup receiving the largest amount of emergency funding include Defense Environmental Cleanup
($2.685 billion), Electricity, for grid modernization ($3.350 billion), Nuclear Energy ($1.250 ($2.685 billion), Electricity, for grid modernization ($3.350 billion), Nuclear Energy ($1.250
billion), and Fossil Energy ($1.250 billion). billion), and Fossil Energy ($1.250 billion).
USACE’s emergency appropriations include $10.0 billion for construction and $5.0 billion for
USACE’s emergency appropriations include $10.0 billion for construction and $5.0 billion for
operation and maintenance. Limitations on USACE construction projects in various existing operation and maintenance. Limitations on USACE construction projects in various existing
statutes would be waived. Emergency funding for Reclamation includes $300 million for statutes would be waived. Emergency funding for Reclamation includes $300 million for
WaterSMART grants for water efficiency and infrastructure improvements, $605 million for WaterSMART grants for water efficiency and infrastructure improvements, $605 million for
Indian Water Rights Settlements, and at least $700 million for various efforts in California Indian Water Rights Settlements, and at least $700 million for various efforts in California
associated with the California Bay-Delta Restoration Act, the Central Valley Project Improvement associated with the California Bay-Delta Restoration Act, the Central Valley Project Improvement
Act, and the San Joaquin River Restoration Settlement. Act, and the San Joaquin River Restoration Settlement.
The House bill specifies that funds “designated in this Act by the Congress as being for an
The House bill specifies that funds “designated in this Act by the Congress as being for an
emergency requirement” will become available only if the President “subsequently so designates emergency requirement” will become available only if the President “subsequently so designates
all such amounts and transmits such designations to the Congress” (Section 4). all such amounts and transmits such designations to the Congress” (Section 4).
Earlier-Year Funding
FY2020 funding was enacted in the FY2020 Energy and Water Development and Related FY2020 funding was enacted in the FY2020 Energy and Water Development and Related
Agencies Appropriations Act on December 19, 2019, as Division C of the Further Continuing Agencies Appropriations Act on December 19, 2019, as Division C of the Further Continuing
Appropriations Act, 2020, which was signed by the President on December 20, 2019 (P.L. 116-Appropriations Act, 2020, which was signed by the President on December 20, 2019 (P.L. 116-
94). The enacted measure provided $48.324 billion for Energy and Water programs (including 94). The enacted measure provided $48.324 billion for Energy and Water programs (including
rescissions), $3.663 billion (8%) above the FY2019 funding level (excluding emergency rescissions), $3.663 billion (8%) above the FY2019 funding level (excluding emergency
supplemental appropriations) and $10.368 billion (27%) above the Administration request. supplemental appropriations) and $10.368 billion (27%) above the Administration request.
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Funding tables and other details are provided in the Explanatory Statement submitted with the Funding tables and other details are provided in the Explanatory Statement submitted with the
Further Continuing Appropriations Act, 2020.Further Continuing Appropriations Act, 2020.
2 4
3 Senate Appropriations Committee majority explanatory statement, p. 1, https://www.appropriations.senate.gov/imo/media/doc/EWRept.pdf.
4 Further Consolidated Appropriations Act, 2020, Committee Print of the Committee on Appropriations, U.S. House of Representatives, on H.R. 1865/P.L. 116-94, Legislative Text and Explanatory Statement, January 2020, https://www.govinfo.gov/content/pkg/CPRT-116HPRT38679/pdf/CPRT-116HPRT38679.pdf.
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Figures for FY2019 exclude emergency supplemental appropriations totaling $17.419 billion
Figures for FY2019 exclude emergency supplemental appropriations totaling $17.419 billion
provided to USACE and DOE for natural disaster response by the Bipartisan Budget Act of 2018 provided to USACE and DOE for natural disaster response by the Bipartisan Budget Act of 2018
(P.L. 115-123), signed February 9, 2018. Similarly, the discussion and amounts in this report do (P.L. 115-123), signed February 9, 2018. Similarly, the discussion and amounts in this report do
not reflect the emergency supplemental appropriations provided in the Additional Supplemental not reflect the emergency supplemental appropriations provided in the Additional Supplemental
Appropriations for Disaster Relief Act, 2019 (P.L. 116-20) for USACE ($3.258 billion) and Appropriations for Disaster Relief Act, 2019 (P.L. 116-20) for USACE ($3.258 billion) and
Reclamation ($16 million) or Coronavirus Disease 2019 (COVID-19)-related supplemental Reclamation ($16 million) or Coronavirus Disease 2019 (COVID-19)-related supplemental
appropriations (e.g., P.L. 116-136). For more details, see CRS In Focus IF11435, appropriations (e.g., P.L. 116-136). For more details, see CRS In Focus IF11435,
Supplemental
Appropriations for Army Corps Flood Response and Recovery, by Nicole T. Carter and Anna E. , by Nicole T. Carter and Anna E.
Normand, and CRS Report R45708, Normand, and CRS Report R45708,
Energy and Water Development: FY2020 Appropriations, by , by
Mark Holt and Corrie E. Clark. Mark Holt and Corrie E. Clark.
Budgetary Limits
Congressional consideration of the annual Energy and Water Development appropriations bill is Congressional consideration of the annual Energy and Water Development appropriations bill is
affected by certain procedural and statutory budget enforcement requirements. These consist affected by certain procedural and statutory budget enforcement requirements. These consist
primarily of procedural limits on discretionary spending (spending provided in annual primarily of procedural limits on discretionary spending (spending provided in annual
appropriations acts) established in a budget resolution or through some other means, and appropriations acts) established in a budget resolution or through some other means, and
allocations of this amount that apply to spending under the jurisdiction of each appropriations allocations of this amount that apply to spending under the jurisdiction of each appropriations
subcommittee. subcommittee.
Statutory budget enforcement is currently derived from the Budget Control Act of 2011 (BCA;
Statutory budget enforcement is currently derived from the Budget Control Act of 2011 (BCA;
P.L. 112-25). The BCA established separate limits on defense and nondefense discretionary P.L. 112-25). The BCA established separate limits on defense and nondefense discretionary
spending. These limits are in effect from FY2012 through FY2021 and are primarily enforced by spending. These limits are in effect from FY2012 through FY2021 and are primarily enforced by
an automatic spending reduction process called sequestration, in which a breach of a spending an automatic spending reduction process called sequestration, in which a breach of a spending
limit would trigger across-the-board cuts, known as a sequester, within that spending category. limit would trigger across-the-board cuts, known as a sequester, within that spending category.
The BCA’s statutory discretionary spending limits were increased for FY2020 and FY2021 by
The BCA’s statutory discretionary spending limits were increased for FY2020 and FY2021 by
the Bipartisan Budget Act of 2019 (BBA 2019, P.L. 116-37, H.R. 3877), signed by the President the Bipartisan Budget Act of 2019 (BBA 2019, P.L. 116-37, H.R. 3877), signed by the President
August 2, 2019. For FY2021, BBA 2019 sets discretionary spending limits of $671.5 billion for August 2, 2019. For FY2021, BBA 2019 sets discretionary spending limits of $671.5 billion for
defense funding and $626.5 billion for nondefense funding (the Energy and Water Development defense funding and $626.5 billion for nondefense funding (the Energy and Water Development
Appropriations bill includes both). P.L. 116-136 (§14003) altered the accounting of certain harbor Appropriations bill includes both). P.L. 116-136 (§14003) altered the accounting of certain harbor
maintenance spending toward the discretionary spending limits. From the FY2021 discretionary maintenance spending toward the discretionary spending limits. From the FY2021 discretionary
spending limit, the House Appropriations Committee on July 13, 2020, allocated $49.607 billion spending limit, the House Appropriations Committee on July 13, 2020, allocated $49.607 billion
to the Energy and Water Development Appropriations Subcommittee (H.Rept. 116-443).to the Energy and Water Development Appropriations Subcommittee (H.Rept. 116-443).
5 That That
limit does not apply to the emergency appropriations in the House-passed FY2021 consolidated limit does not apply to the emergency appropriations in the House-passed FY2021 consolidated
funding bills. funding bills.
The Senate Appropriations Committee majority posted draft FY2021 subcommittee allocations on November 10, 2020, including $51.752 billion for energy and water development, which is consistent with the text within the explanatory statement but different from the comparative statement of new budget authority at the end of the explanatory statement.6 (For For more information, see CRS Insight IN11148, more information, see CRS Insight IN11148,
The Bipartisan Budget Act of
2019: Changes to the BCA and Debt Limit, by Grant A. Driessen and Megan S. Lynch, and CRS , by Grant A. Driessen and Megan S. Lynch, and CRS
Report R44874, Report R44874,
The Budget Control Act: Frequently Asked Questions, by Grant A. Driessen and , by Grant A. Driessen and
Megan S. Lynch.) Megan S. Lynch.)
2 Further Consolidated Appropriations Act, 2020, Committee Print of the Committee on Appropriations, U.S. House of Representatives, on H.R. 1865/P.L. 116-94, Legislative Text and Explanatory Statement, January 2020, https://www.govinfo.gov/content/pkg/CPRT-116HPRT38679/pdf/CPRT-116HPRT38679.pdf.
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45 The House and Senate Appropriations Committees make subcommittee allocations pursuant to Section 302(b) of the Congressional Budget Act of 1974 ( P.L. 93-344).
6 Senate Appropriations Committee majority, 2021 Original Senate Allocation, https://www.appropriations.senate.gov/imo/media/doc/FY21%20302(b)%20Subcommittee%20Allocations.pdf.
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Funding Issues and Initiatives
Several issues have drawn particular attention during congressional consideration of Energy and Several issues have drawn particular attention during congressional consideration of Energy and
Water Development appropriations for FY2021. The issues described in this section—listed Water Development appropriations for FY2021. The issues described in this section—listed
approximately in the order the affected agencies appear in the Energy and Water Development approximately in the order the affected agencies appear in the Energy and Water Development
bill—were selected based on total funding involved, percentage of proposed increases or bill—were selected based on total funding involved, percentage of proposed increases or
decreases, amount of congressional debate engendered, and potential impact on broader public decreases, amount of congressional debate engendered, and potential impact on broader public
policy considerations. Substantial controversy arose during policy considerations. Substantial controversy arose during
House markups and floor debate about the markups and floor debate about the
bill’s $44.050 billion in emergency spending under Title VI (Division C) in response to the bill’s $44.050 billion in emergency spending under Title VI (Division C) in response to the
ongoing COVID-19 outbreak; discussion of specific programs targeted with emergency funding ongoing COVID-19 outbreak; discussion of specific programs targeted with emergency funding
is included in the issue areas below. (For information on COVID effects, see CRS Insight is included in the issue areas below. (For information on COVID effects, see CRS Insight
IN11300, IN11300,
COVID-19: Potential Impacts on the Electric Power Sector, by Ashley J. Lawson.) , by Ashley J. Lawson.)
Army Corps of Engineers and Reclamation Budgets
For USACE, the Trump Administration requested $5.966 billion for FY2021, which is $1.684 For USACE, the Trump Administration requested $5.966 billion for FY2021, which is $1.684
billion (22%) below the FY2020 appropriation. The request includes no funding for initiating new billion (22%) below the FY2020 appropriation. The request includes no funding for initiating new
studies and construction projects (referred to as studies and construction projects (referred to as
new starts). The FY2021 request would limit ). The FY2021 request would limit
funding for ongoing navigation and flood risk-reduction construction projects to those whose funding for ongoing navigation and flood risk-reduction construction projects to those whose
benefits are at least 2.5 times their costs, or projects that address safety concerns. Many benefits are at least 2.5 times their costs, or projects that address safety concerns. Many
congressionally authorized USACE projects do not meet that standard. The House-passed energy congressionally authorized USACE projects do not meet that standard. The House-passed energy
and water funding measure for FY2021 provided $7.629 billion for USACE, plus $17.0 billion in and water funding measure for FY2021 provided $7.629 billion for USACE, plus $17.0 billion in
emergency appropriations, and includes funds for seven new starts for studies and seven new emergency appropriations, and includes funds for seven new starts for studies and seven new
starts for construction projects.starts for construction projects.
3
The 7 The Senate Appropriations Committee majority draft bill for FY2021 would provide $7.722 billion for USACE and includes funds for nine new starts for studies and seven new starts for construction projects.
The Trump Administration also seeks to transfer the Formerly Utilized Sites Remedial Action Program Administration also seeks to transfer the Formerly Utilized Sites Remedial Action Program
(FUSRAP) from USACE to DOE, a proposal included in prior budget requests that Congress has (FUSRAP) from USACE to DOE, a proposal included in prior budget requests that Congress has
not approved. Other USACE appropriations issues that may arise include efforts to shape the activities of USACE’s regulatory program. USACE administers the permit program for Section 404 of the Clean Water Act. For Reclamation (not including CUP), the FY2021 request would reduce funding by $532 million (32%) from the FY2020 level, to $1.128 billion. The House-passed bill includes $1.655 billion for Reclamation.
not approved. For Reclamation (not including CUP), the FY2021 request would reduce funding by $532 million (32%) from the FY2020 level, to $1.128 billion. The House-passed bill includes $1.630 billion for Reclamation, while the Senate Appropriations Committee majority draft would provide $1.670 billion.
The Trump Administration did not request FY2021 funding for USACE’s Water Infrastructure Finance and Innovation Act (WIFIA) program. Congress authorized USACE’s WIFIA in 2014 (Title V, Subtitle C of P.L. 113-121).8 USACE through WIFIA is authorized to provide credit assistance in the form of secured or direct loans for a range of water resource projects.9 H.Rept. 116-449 indicated support for USACE’s activities to develop its WIFIA, and in staying informed
7 House Committee on Appropriations, Report on Energy and Water Development and Related Agencies Appropriations Bill, 2021, H.Rept. 116-449, p. 16.. For more on environmental infrastructure authorities, see CRS In Focus IF11184, Army Corps of Engineers: Environmental Infrastructure Assistance, by Anna E. Normand.
8 USACE has elected to call its WIFIA program the Civil Works Infrastructure Financing Program (CWIFP); this report refers to it as WIFIA, to remain consistent with legislative text.
9 USACE’s WIFIA is authorized to assist eligible projects that have the following purposes: reduction of riverine or coastal storm flood damage; restoration of aquatic ecosystems; improvement of the inland and intracoastal waterways navigation system; improvement of navigation of a coastal inland harbor of the United States, including channel deepening and construction of associated general navigation features; or a combination of purposes that are supported by the USACE’s and the Environmental Protection Agency’s (EPA’s) WIFIA programs. (For more information, see 33 U.S.C. §3905.) USACE has clarified that dam and levee safety projects fall within WIFIA’s eligible project purposes.
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about its development;10 no appropriations were provided specifically for USACE’s WIFIA in H.R. 7617. The Senate Appropriations Committee majority draft would create a new USACE account for the agency’s WIFIA and would appropriate $25 million to the new account.11 The draft bill would provide $22.8 million of the funds to be used for WIFIA assistance to nonfederal dam owners for dam safety projects,12 and $2.2 million for USACE administrative expenses to carry out the program. For more details, see CRS In Focus IF11462, For more details, see CRS In Focus IF11462,
Army Corps of Engineers: FY2021 Appropriations, ,
by Anna E. Normand and Nicole T. Carter, CRS In Focus IF11465, by Anna E. Normand and Nicole T. Carter, CRS In Focus IF11465,
Bureau of Reclamation:
FY2021 Appropriations, by Charles V. Stern, , by Charles V. Stern,
and CRS Report R46320, CRS Report R46320,
U.S. Army Corps of
Engineers: Annual Appropriations Process and Issues for Congress, by Anna E. Normand and , by Anna E. Normand and
Nicole T. CarterNicole T. Carter, and CRS In Focus IF11193, WIFIA Program: Background and Recent Developments, by Elena H. Humphreys. .
Power Marketing Administration Proposals
DOE’s FY2021 budget request includes three spending proposals related to the Power Marketing DOE’s FY2021 budget request includes three spending proposals related to the Power Marketing
Administrations (PMAs)—Bonneville Power Administration (BPA), Southeastern Power Administrations (PMAs)—Bonneville Power Administration (BPA), Southeastern Power
Administration (SEPA), Southwestern Power Administration (SWPA), and Western Area Power Administration (SEPA), Southwestern Power Administration (SWPA), and Western Area Power
Administration (WAPA). PMAs sell the power generated by various federal dams. The Administration (WAPA). PMAs sell the power generated by various federal dams. The
Administration proposed to divest the assets of the three PMAs that own transmission Administration proposed to divest the assets of the three PMAs that own transmission
3 House Committee on Appropriations, Report on Energy and Water Development and Related Agencies Appropriations Bill, 2021, H.Rept. 116-449, p. 16.. For more on environmental infrastructure authorities, see CRS In Focus IF11184, Army Corps of Engineers: Environmental Infrastructure Assistance, by Anna E. Normand.
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infrastructure: BPA, SWPA, and WAPA.4infrastructure: BPA, SWPA, and WAPA.13 These assets consist of thousands of miles of high These assets consist of thousands of miles of high
voltage transmission lines and hundreds of power substations. The budget request projected that voltage transmission lines and hundreds of power substations. The budget request projected that
mandatory spending savings from the sale of these assets would total approximately $4.1 billion mandatory spending savings from the sale of these assets would total approximately $4.1 billion
over a 10-year period.over a 10-year period.
514 The budget request proposed to repeal the borrowing authority for The budget request proposed to repeal the borrowing authority for
WAPA’s Transmission Infrastructure Program, which facilitates the delivery of renewable energy WAPA’s Transmission Infrastructure Program, which facilitates the delivery of renewable energy
resources. resources.
The FY2021 budget also proposed eliminating the statutory requirement that PMAs limit rates to
The FY2021 budget also proposed eliminating the statutory requirement that PMAs limit rates to
amounts necessary to recover only construction, operations, and maintenance costs. The budget amounts necessary to recover only construction, operations, and maintenance costs. The budget
proposed that the PMAs instead transition to a market-based approach to setting rates. The proposed that the PMAs instead transition to a market-based approach to setting rates. The
10 House Committee on Appropriations, Report on Energy and Water Development and Related Agencies Appropriations Bill, 2021, H.Rept. 116-449, p. 73. In the report, the committee included language that would direct the USACE to brief the committee on the budget scoring challenges related to USACE’s WIFIA program. Some of the scoring challenges relate to the scoring of federal projects and projects related to federal assets.
11 The authorization of appropriations for USACE’s WIFIA expired in FY2019 (see 33 U.S.C. §3912). In contrast to the Environmental Protection Agency’s WIFIA program, which was also authorized in 2014 and provided its first WIFIA assistance in 2018, USACE’s WIFIA program has been under development (using USACE General Expenses appropriations), but was not operational as of the start of FY2021.
12 That is, although the WIFIA authority provides for USACE to assist a range of water resource projects, the draft bill would limit the FY2021 WIFIA assistance to nonfederal dam safety. The draft explanatory statement accompanying the bill provides additional direction to USACE on development of the program, including the types of eligible projects. For more information, see Senate Committee on Appropriations majority draft explanatory statement, November 10, 2020, p. 59.
13 This proposal was also included in the Administration’s Delivering Government Solutions in the 21st Century: Reform Plan and Reorganization Recommendations, June 21, 2018, pp. 66-67, https://www.whitehouse.gov/wp-content/uploads/2018/06/Government-Reform-and-Reorg-Plan.pdf. Total 10-year savings were estimated at $9.5 billion, possibly including the proposed cancellation of WAPA borrowing authority. Mandatory spending is provided by permanent law outside the annual appropriations process; for details, see CBO, “What is the difference between mandatory and discretionary spending?,” https://www.cbo.gov/content/what-difference-between-mandatory-and-discretionary-spending.
14 Office of Management and Budget, A Budget for America’s Future: Major Savings and Reforms, Fiscal Year 2021, p. 138, https://www.whitehouse.gov/wp-content/uploads/2020/02/msar_fy21.pdf.
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Administration estimated that this proposal would yield $7.4 billion in new revenues over 10 years.15Administration estimated that this proposal would yield $7.4 billion in new revenues over 10 years.6 The budget also called for repealing $3.25 billion in borrowing authority provided to The budget also called for repealing $3.25 billion in borrowing authority provided to
WAPA for transmission projects enacted under the American Recovery and Reinvestment Act of WAPA for transmission projects enacted under the American Recovery and Reinvestment Act of
2009 (P.L. 111-5). The proposal was estimated to save $500 million over 10 years.2009 (P.L. 111-5). The proposal was estimated to save $500 million over 10 years.
716
The Administration has made all of these proposals in previous years. To take effect, they would
The Administration has made all of these proposals in previous years. To take effect, they would
need to be enacted in authorizing legislation, and no congressional action has been taken on them need to be enacted in authorizing legislation, and no congressional action has been taken on them
to date. The proposals have been opposed by groups such as the American Public Power to date. The proposals have been opposed by groups such as the American Public Power
Association and the National Rural Electrical Cooperative Association, and they have been the Association and the National Rural Electrical Cooperative Association, and they have been the
subject of opposition letters to the Administration from several regionally based bipartisan groups subject of opposition letters to the Administration from several regionally based bipartisan groups
of Members of Congress. PMA reforms have been supported by some policy research institutes, of Members of Congress. PMA reforms have been supported by some policy research institutes,
such as the Heritage Foundation. such as the Heritage Foundation.
For further information, see CRS Report R45548,
For further information, see CRS Report R45548,
The Power Marketing Administrations:
Background and Current Issues, by Richard J. Campbell. , by Richard J. Campbell.
Termination of Energy Efficiency Grants
The FY2021 budget request proposed to terminate both the DOE Weatherization Assistance The FY2021 budget request proposed to terminate both the DOE Weatherization Assistance
Program and the State Energy Program (SEP). The Weatherization Assistance Program provides Program and the State Energy Program (SEP). The Weatherization Assistance Program provides
formula grants to states to fund energy efficiency improvements for low-income housing units to formula grants to states to fund energy efficiency improvements for low-income housing units to
reduce their energy costs and save energy. The SEP provides grants and technical assistance to reduce their energy costs and save energy. The SEP provides grants and technical assistance to
states for planning and implementation of their energy programs. Both the weatherization and states for planning and implementation of their energy programs. Both the weatherization and
SEP programs are under DOE’s Office of Energy Efficiency and Renewable Energy (EERE). The SEP programs are under DOE’s Office of Energy Efficiency and Renewable Energy (EERE). The
weatherization program received $305 million and SEP received $63 million for FY2020, after weatherization program received $305 million and SEP received $63 million for FY2020, after
also having been proposed for elimination in that year’s budget request, as well as in FY2019 and also having been proposed for elimination in that year’s budget request, as well as in FY2019 and
FY2018. According to DOE, the proposed elimination of the grant programs is “due to a FY2018. According to DOE, the proposed elimination of the grant programs is “due to a
departmental shift in focus away from deployment activities and towards early-stage R&D.”departmental shift in focus away from deployment activities and towards early-stage R&D.”
8
4 This proposal was also included in the Administration’s Delivering Government Solutions in the 21st Century: Reform
Plan and Reorganization Recommendations, June 21, 2018, pp. 66-67, https://www.whitehouse.gov/wp-content/uploads/2018/06/Government-Reform-and-Reorg-Plan.pdf. Total 10-year savings were estimated at $9.5 billion, possibly including the proposed cancellation of WAPA borrowing authority. Mandatory spending is provided by permanent law outside the annual appropriations process; for details, see CBO, “What is the difference between mandatory and discretionary spending?,” https://www.cbo.gov/content/what-difference-between-mandatory-and-discretionary-spending.
5 Office of Management and Budget, A Budget for America’s Future: Major Savings and Reforms, Fiscal Year 2021, p. 138, https://www.whitehouse.gov/wp-content/uploads/2020/02/msar_fy21.pdf.
6 Ibid., p. 139. 7 Ibid., p. 140. 8 DOE, FY2021 Congressional Budget Request, Budget in Brief, p. 20, https://www.energy.gov/sites/prod/files/2020/02/f72/doe-fy2021-budget-in-brief_0.pdf.
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17
The House-passed bill includes funding for energy efficiency grants within Title III and Title VI.
The House-passed bill includes funding for energy efficiency grants within Title III and Title VI.
Within Title III, the bill provides for small increases in weatherization and SEP grants over their Within Title III, the bill provides for small increases in weatherization and SEP grants over their
FY2020 enacted levels. Title VI of the bill would provide emergency supplemental funding: FY2020 enacted levels. Title VI of the bill would provide emergency supplemental funding:
$3.250 billion for weatherization grants, $730 million for SEP grants, and $2.250 billion for $3.250 billion for weatherization grants, $730 million for SEP grants, and $2.250 billion for
Energy Efficiency and Conservation Block Grants (EECBGs). The EECBG program, which is Energy Efficiency and Conservation Block Grants (EECBGs). The EECBG program, which is
authorized by the Energy Independence and Security Act (EISA, P.L. 110-140), was funded at authorized by the Energy Independence and Security Act (EISA, P.L. 110-140), was funded at
$3.2 billion under the American Recovery and Reinvestment Act (ARRA, P.L. 111-5). ARRA also $3.2 billion under the American Recovery and Reinvestment Act (ARRA, P.L. 111-5). ARRA also
provided supplemental funding for the Weatherization Assistance Program ($5 billion) and SEP provided supplemental funding for the Weatherization Assistance Program ($5 billion) and SEP
($3.1 billion). ($3.1 billion).
The Senate Appropriations Committee majority draft bill and explanatory statement include small funding increases for energy efficiency grants: $305 million for weatherization grants and $62.5 million for SEP grants.
15 Ibid., p. 139. 16 Ibid., p. 140. 17 DOE, FY2021 Congressional Budget Request, Budget in Brief, p. 20, https://www.energy.gov/sites/prod/files/2020/02/f72/doe-fy2021-budget-in-brief_0.pdf.
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Proposed Reductions in Energy R&D
Appropriations for applied R&D on energy efficiency, renewable energy, nuclear energyAppropriations for applied R&D on energy efficiency, renewable energy, nuclear energy
, fossil energy, and related energy activities at DOE (NE), and fossil energy (FE) would be reduced from $5. would be reduced from $5.
608021 billion in FY2020 to billion in FY2020 to
$3.208$2.670 billion ( billion (
4347%) under the Administration’s FY2021 budget request.%) under the Administration’s FY2021 budget request.
918 Major proposed Major proposed
reductions include bioenergy technologies (-83%), vehicle technologies (-81%), natural gas reductions include bioenergy technologies (-83%), vehicle technologies (-81%), natural gas
technologies (-71%), advanced manufacturing (-75%), building technologies (-79%), wind energy technologies (-71%), advanced manufacturing (-75%), building technologies (-79%), wind energy
(-79%), solar energy (-76%), geothermal technologies (-76%), and nuclear fuel cycle R&D (-(-79%), solar energy (-76%), geothermal technologies (-76%), and nuclear fuel cycle R&D (-
39%), although some programs would be increased, such as energy storage (+49%) and advanced 39%), although some programs would be increased, such as energy storage (+49%) and advanced
coal energy systems (+115%). The House voted to maintain nearly level funding for energy R&D, coal energy systems (+115%). The House voted to maintain nearly level funding for energy R&D,
and, in addition, to provide approximately $2.9 billion in emergency funding (Title VI) for energy and, in addition, to provide approximately $2.9 billion in emergency funding (Title VI) for energy
research, demonstration, and commercialization projects. research, demonstration, and commercialization projects.
The Senate Appropriations Committee majority draft bill would maintain nearly level funding for energy R&D.
The Administration said its proposed reductions would primarily affect the later stages of energy
The Administration said its proposed reductions would primarily affect the later stages of energy
research, which tend to be the most costly. “The Budget focuses DOE resources toward early-research, which tend to be the most costly. “The Budget focuses DOE resources toward early-
stage R&D, where the Federal role is strongest, and reflects an increased reliance on the private stage R&D, where the Federal role is strongest, and reflects an increased reliance on the private
sector to fund later-stage research, development, commercialization, and deployment of energy sector to fund later-stage research, development, commercialization, and deployment of energy
technologies,” according to the FY2021 DOE request.technologies,” according to the FY2021 DOE request.
1019 However, the House Appropriations However, the House Appropriations
Committee responded, “The Committee rejects this short-sighted and limited approach, which Committee responded, “The Committee rejects this short-sighted and limited approach, which
will ensure that technology advancements will remain in early-stage form and are unlikely to will ensure that technology advancements will remain in early-stage form and are unlikely to
integrate the results of this early-stage research into the nation’s energy system.”integrate the results of this early-stage research into the nation’s energy system.”
11
The Administration has proposed similar reductions in previous years but they have not been approved by Congress.
Nuclear Waste Management
The Administration’s FY2021 budget request does not include new funding for a proposed underground nuclear waste repository at Yucca Mountain, NV, after the Administration’s funding requests for the repository were not approved by Congress in the previous three fiscal years. Those requests had included funding for DOE to pursue an NRC license for the repository and for NRC to consider DOE’s license application. Although no FY2021 funding was requested for licensing and developing Yucca Mountain, the Administration sought $27.5 million to develop
9 Related energy activities20 The House Appropriations Committee also stated that “the Department shall not fund projects within EERE, OE, NE, and FE, that do not demonstrate potential for emissions reductions or improved environmental performance.”21 The Senate Appropriations Committee majority draft explanatory statement also responded, “The Committee directs the Department to support a comprehensive strategy that includes early-, mid-, and later-stage research, development and market transformation activities in each applied energy research and development program office.”22
The Administration has proposed similar reductions in previous years but they have not been approved by Congress.
Renewable Energy Grid Integration and Storage Initiatives The Senate Appropriations Committee majority draft bill and explanatory statement would establish a new a funding line of $40 million for Renewable Energy Grid Integration, which would “facilitate the oversight of grid integration activities among renewable energy technologies,” including solar, wind, water power, and geothermal R&D programs. Within available funds, the majority draft report recommends $10 million for “development and demonstration of an ‘energyshed’ management system that addresses a discrete geographic area 18 Additional energy activities that are not included in this total include state energy efficiency and weatherization grants, energy security programs, and include state energy efficiency and weatherization grants, energy security programs, and
electricity programs. The Office of Science and ARPA-E are not included. electricity programs. The Office of Science and ARPA-E are not included.
1019 DOE, DOE,
FY2021 Congressional Budget Request, Budget in Brief, p. 17, https://www.energy.gov/sites/prod/files/2020/, p. 17, https://www.energy.gov/sites/prod/files/2020/
02/f72/doe-fy2021-budget-in-brief_0.pdf. 02/f72/doe-fy2021-budget-in-brief_0.pdf.
1120 House Committee on Appropriations, Report on Energy and Water Development and Related Agencies House Committee on Appropriations, Report on Energy and Water Development and Related Agencies
Appropriations Bill, 2021, H.Rept. 116-449, July 15, 2020, p. 93. Appropriations Bill, 2021, H.Rept. 116-449, July 15, 2020, p. 93.
21 The acronyms refer to the following offices: Energy Efficiency and Renewable Energy (EERE), Electricity (OE), Nuclear Energy (NE), and Fossil Energy (FE). House Committee on Appropriations, Report on Energy and Water Development and Related Agencies Appropriations Bill, 2021, H.Rept. 116-449, July 15, 2020, p. 97.
22 Senate Committee on Appropriations majority draft explanatory statement, November 10, 2020, p. 76.
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in which renewable sources currently provide a large portion of electric energy needs, where grid capacity constraints result in curtailment of renewable generation, and with very substantial existing deployment of interactive smart meters.”23
Both the House committee report and Senate draft explanatory statement support crosscutting energy storage activities. Among the efforts, the Senate draft explanatory statement also urged DOE and the national laboratories to “to have a stronger collaboration with National Aeronautics and Space Administration to develop an energy storage roadmap that address challenges for mobility such as electric air flight.”24 The House committee report stated support for “continued work on electric air flight through its national laboratories and with the National Aeronautical Space Administration (NASA).”25
Nuclear Waste Management The Administration’s FY2021 budget request does not include new funding for a proposed underground nuclear waste repository at Yucca Mountain, NV, after the Administration’s funding requests for the repository were not approved by Congress in the previous three fiscal years. Those requests had included funding for DOE to pursue an NRC license for the repository and for NRC to consider DOE’s license application. Although no FY2021 funding was requested for licensing and developing Yucca Mountain, the Administration sought $27.5 million to develop nuclear waste central interim storage capacity. “Funding is primarily dedicated to performing nuclear waste central interim storage capacity. “Funding is primarily dedicated to performing
activities that would lay the groundwork necessary to ensure near-term deployment of interim activities that would lay the groundwork necessary to ensure near-term deployment of interim
storage to ensure safe and effective consolidation and temporary storage of nuclear waste,” storage to ensure safe and effective consolidation and temporary storage of nuclear waste,”
according to DOE’s budget justification. Funding for the program would come from the Nuclear according to DOE’s budget justification. Funding for the program would come from the Nuclear
Waste Fund, which holds fees and interest paid by the nuclear power industry for waste Waste Fund, which holds fees and interest paid by the nuclear power industry for waste
management.management.
1226 The House approved the Administration’s request but specified that only $7.5 The House approved the Administration’s request but specified that only $7.5
million come from the Nuclear Waste Fund. million come from the Nuclear Waste Fund.
The Senate Appropriations Committee majority draft bill also includes $27.5 million (but within Nuclear Energy rather than as a separate account) for the development of consolidated interim nuclear spent fuel storage facilities. Up to $10 million of that amount could be used to contract for spent fuel management, including storage by a private company. The Senate draft also includes an authorization (Sec. 306) for DOE to conduct a pilot program for interim spent nuclear fuel storage at a site selected with the consent of the host state, local governments, and Indian tribes. Similar language has been included in previous Senate Appropriations Committee Energy and Water Development appropriations bills but not enacted. For more background, see CRS Report RL33461, For more background, see CRS Report RL33461,
Civilian Nuclear Waste Disposal, by Mark , by Mark
Holt. Holt.
Advanced Reactor Demonstrations
A new, $230 million sub-account for an Advanced Reactors Demonstration Program within the A new, $230 million sub-account for an Advanced Reactors Demonstration Program within the
DOE Nuclear Energy account was included in the Explanatory Statement for the FY2020 enacted DOE Nuclear Energy account was included in the Explanatory Statement for the FY2020 enacted
appropriations measure. Of that funding, $160 million was provided for DOE to begin two appropriations measure. Of that funding, $160 million was provided for DOE to begin two
advanced nuclear reactor demonstration projects, with a cost-share of at least 50% from advanced nuclear reactor demonstration projects, with a cost-share of at least 50% from
23 Senate Appropriations Committee majority draft explanatory statement, p. 92. 24 Senate Appropriations Committee majority draft explanatory statement, p. 78. 25 House report, p. 101. 26 DOE, Budget in Brief, February 2020, p. 38, https://www.energy.gov/sites/prod/files/2020/02/f72/doe-fy2021-budget-in-brief_0.pdf.
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nonfederal sources. Another $30 million was provided for grants to reduce the technical risk of nonfederal sources. Another $30 million was provided for grants to reduce the technical risk of
two-to-five additional reactor demonstration proposals, with a nonfederal cost-share of at least two-to-five additional reactor demonstration proposals, with a nonfederal cost-share of at least
20%. DOE announced awards totaling $160 million for two advanced reactor demonstrations on 20%. DOE announced awards totaling $160 million for two advanced reactor demonstrations on
October 13, 2020—a molten salt reactor and a high-temperature gas reactor.October 13, 2020—a molten salt reactor and a high-temperature gas reactor.
1327 The FY2021 DOE The FY2021 DOE
request includes no further funding for reactor demonstrations but would provide $20 million to request includes no further funding for reactor demonstrations but would provide $20 million to
continue R&D related to the program. The budget request would formally establish the Versatile continue R&D related to the program. The budget request would formally establish the Versatile
Test Reactor (VTR) as a DOE construction project and more than quadruple its funding to $295 Test Reactor (VTR) as a DOE construction project and more than quadruple its funding to $295
million. The VTR would be a new reactor to provide fast (high energy) neutrons for testing million. The VTR would be a new reactor to provide fast (high energy) neutrons for testing
advanced reactor fuels and materials. DOE estimates the project’s total construction cost at advanced reactor fuels and materials. DOE estimates the project’s total construction cost at
between $3 billion and $6 billion, with completion ranging from 2026 to 2030.between $3 billion and $6 billion, with completion ranging from 2026 to 2030.
1428
The House approved $240 million for Advanced Reactor Demonstrations in FY2021, $10 million
The House approved $240 million for Advanced Reactor Demonstrations in FY2021, $10 million
above the FY2020 enacted amount. However, the House-passed bill reduced VTR construction above the FY2020 enacted amount. However, the House-passed bill reduced VTR construction
funding from the requested amount to $65 million, the same as the FY2020 appropriation for funding from the requested amount to $65 million, the same as the FY2020 appropriation for
preconstruction activities.preconstruction activities.
The Senate Appropriations Committee majority draft report recommends $280 million for Advance Reactor Demonstrations “to ensure that the program can continue in an accelerated manner.” The Senate majority draft includes $45 million for the VTR, while noting, “The Committee is concerned that the Department is proceeding with plans for the VTR without having secured commitments from private companies or foreign governments for monetary and in-kind contributions.”29
Proposed Uranium Reserve
The FY2021 budget request for the DOE Office of Nuclear Energy includes $150 million to The FY2021 budget request for the DOE Office of Nuclear Energy includes $150 million to
establish a Uranium Reserve. Under this initiative, DOE would purchase uranium from domestic establish a Uranium Reserve. Under this initiative, DOE would purchase uranium from domestic
uranium producers and have it converted to uranium hexafluoride (a necessary step in making uranium producers and have it converted to uranium hexafluoride (a necessary step in making
nuclear reactor fuel) by a domestic conversion facility. According to DOE, this stockpile of nuclear reactor fuel) by a domestic conversion facility. According to DOE, this stockpile of
uranium would be available for nuclear power operators in the event of a civilian nuclear fuel uranium would be available for nuclear power operators in the event of a civilian nuclear fuel
market disruption and provide a source of U.S.-origin uranium for defense purposes. market disruption and provide a source of U.S.-origin uranium for defense purposes.
“Establishing a reserve is an urgent step needed in response to an overreliance on imported “Establishing a reserve is an urgent step needed in response to an overreliance on imported
12 DOE, Budget in Brief, February 2020, p. 38, https://www.energy.gov/sites/prod/files/2020/02/f72/doe-fy2021-budget-in-brief_0.pdf.
13uranium product that has undermined U.S. energy security and impacted U.S. fuel supply capabilities,” according to the DOE budget justification. However, the justification notes that, for the newly stockpiled uranium, “no immediate national security need has been identified.”30 The proposed government purchases are also intended to address “near-term challenges to the production and conversion of domestic uranium,” which are currently under economic stress, according to the justification. “Subsequent support will be considered as deemed necessary across a 10-year period as the government and private sector work to reestablish US technology and
27 DOE, Office of Nuclear Energy, “U.S. Department of Energy Announces $160 Million in First Awards under DOE, Office of Nuclear Energy, “U.S. Department of Energy Announces $160 Million in First Awards under
Advanced Reactor Demonstration Program,” news release, October 13, 2020, https://www.energy.gov/ne/articles/us-Advanced Reactor Demonstration Program,” news release, October 13, 2020, https://www.energy.gov/ne/articles/us-
department-energy-announces-160-million-first-awards-under-advanced-reactor. department-energy-announces-160-million-first-awards-under-advanced-reactor.
1428 Thomas J. O’Connor, VTR Program Director, DOE Office of Nuclear Energy, “Versatile Test Reactor Update,” Thomas J. O’Connor, VTR Program Director, DOE Office of Nuclear Energy, “Versatile Test Reactor Update,”
March 28, 2019, https://www.energy.gov/sites/prod/files/2019/04/f61/March 28, 2019, https://www.energy.gov/sites/prod/files/2019/04/f61/
VTR%20NEAC%20Rev%202%20%28003%29_1.pdf. VTR%20NEAC%20Rev%202%20%28003%29_1.pdf.
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uranium product that has undermined U.S. energy security and impacted U.S. fuel supply capabilities,” according to the DOE budget justification. However, the justification notes that, for the newly stockpiled uranium, “no immediate national security need has been identified.”15 The proposed government purchases are also intended to address “near-term challenges to the production and conversion of domestic uranium,” which are currently under economic stress, according to the justification. “Subsequent support will be considered as deemed necessary across a 10-year period as the government and private sector work to reestablish US technology and 29 Senate Committee on Appropriations majority draft explanatory statement, November 10, 2020, p. 107. 30 DOE, Budget in Brief, February 2020, p. 39, https://www.energy.gov/sites/prod/files/2020/02/f72/doe-fy2021-budget-in-brief_0.pdf.
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market share,” according to a report released April 23, 2020, by the Administration’s Nuclear market share,” according to a report released April 23, 2020, by the Administration’s Nuclear
Fuel Working Group (NFWG).Fuel Working Group (NFWG).
1631
The House provided no funding for the proposed Uranium Reserve. “The Department has been
The House provided no funding for the proposed Uranium Reserve. “The Department has been
unable to provide specific information about how it would implement the program, including in unable to provide specific information about how it would implement the program, including in
congressional justifications, briefings, and in responses to questions from the Committee about congressional justifications, briefings, and in responses to questions from the Committee about
how the funds would be spent, including the process for the purchase, conversion, or sale of how the funds would be spent, including the process for the purchase, conversion, or sale of
uranium in a reserve,” according to the Appropriations Committee report. Instead, the committee uranium in a reserve,” according to the Appropriations Committee report. Instead, the committee
directed DOE within 180 days after enactment to provide a detailed plan for establishing the directed DOE within 180 days after enactment to provide a detailed plan for establishing the
Uranium Reserve.Uranium Reserve.
1732
The Senate Appropriations Committee majority draft bill includes $120 million for the Uranium Reserve, plus $30 million within DOE’s Defense Nuclear Nonproliferation accounts. The draft report directs DOE to “provide a specific program plan for executing funds recommended for this activity as well as plans to consolidate this program with other existing uranium management activities within the Department.”33
U.S. uranium production in calendar year 2019 was the lowest since before 1949, according to the
U.S. uranium production in calendar year 2019 was the lowest since before 1949, according to the
Energy Information Administration (EIA). As of the fourth quarter of 2019, EIA reported that Energy Information Administration (EIA). As of the fourth quarter of 2019, EIA reported that
three domestic in-situ uranium plants (solution mining operations in which a solvent is pumped three domestic in-situ uranium plants (solution mining operations in which a solvent is pumped
through underground ore bodies to recover uranium) were operating and that three domestic through underground ore bodies to recover uranium) were operating and that three domestic
conventional uranium mills were on standby. Two domestic uranium producers petitioned the conventional uranium mills were on standby. Two domestic uranium producers petitioned the
Department of Commerce (DOC) in 2018 to investigate foreign uranium imports under Section Department of Commerce (DOC) in 2018 to investigate foreign uranium imports under Section
232 of the Trade Expansion Act of 1962 (19 U.S.C. §1862). DOC subsequently recommended 232 of the Trade Expansion Act of 1962 (19 U.S.C. §1862). DOC subsequently recommended
presidential action to restrict imports, but President Trump did not concur.presidential action to restrict imports, but President Trump did not concur.
1834 Nonetheless, the Nonetheless, the
Trump Administration expressed significant concerns regarding national security and responded Trump Administration expressed significant concerns regarding national security and responded
by establishing the NFWG. The DOE FY2021 budget justification called the Uranium Reserve by establishing the NFWG. The DOE FY2021 budget justification called the Uranium Reserve
initiative “consistent with the priorities” of the NFWG and said it would “directly support the initiative “consistent with the priorities” of the NFWG and said it would “directly support the
operation of at least two U.S. uranium mines and the reestablishment of active domestic operation of at least two U.S. uranium mines and the reestablishment of active domestic
conversion capabilities” and was “not designed to replace or disrupt market mechanisms.”conversion capabilities” and was “not designed to replace or disrupt market mechanisms.”
1935
For more information, see CRS In Focus IF11505,
For more information, see CRS In Focus IF11505,
Uranium Reserve Program Proposal: Policy
Implications, by Lance N. Larson. , by Lance N. Larson.
Strategic Petroleum Reserve Sales and PurchasesOperations The Strategic Petroleum Reserve (SPR)—administered, maintained, and operated by DOE—includes both a crude oil reserve and a refined petroleum product reserve. These reserves provide standby and emergency petroleum stocks that DOE can draw down and sell in the event of a domestic or international oil supply disruption. Most SPR stocks are in the form of crude oil contained in underground storage caverns—owned and operated by the federal government—located in Texas and Louisiana. These crude oil stocks are near oil refining, pipeline, and port infrastructure in the U.S. Gulf Coast region. As of November 2020, standby SPR crude oil stocks 31
The Strategic Petroleum Reserve (SPR), managed by DOE, holds more than 600 million barrels of crude oil in storage caverns along the Texas and Louisiana coasts. In 2015, Congress began
15 DOE, Budget in Brief, February 2020, p. 39, https://www.energy.gov/sites/prod/files/2020/02/f72/doe-fy2021-budget-in-brief_0.pdf.
16 DOE, “Strategy to Restore American Nuclear Energy Leadership,” news release, April 23, 2020, DOE, “Strategy to Restore American Nuclear Energy Leadership,” news release, April 23, 2020,
https://www.energy.gov/strategy-restore-american-nuclear-energy-leadership. https://www.energy.gov/strategy-restore-american-nuclear-energy-leadership.
1732 House Committee on Appropriations, Report on Energy and Water Development and Related Agencies House Committee on Appropriations, Report on Energy and Water Development and Related Agencies
Appropriations Bill, 2021, H.Rept. 116-449, July 15, 2020, p. 114. Appropriations Bill, 2021, H.Rept. 116-449, July 15, 2020, p. 114.
1833 Senate Appropriations Committee majority draft explanatory statement, p. 108. 34 White House, “Memorandum on the Effect of Uranium Imports on the National Security and Establishment of the White House, “Memorandum on the Effect of Uranium Imports on the National Security and Establishment of the
United States Nuclear Fuel Working Group,” July 12, 2019, https://www.whitehouse.gov/presidential-actions/United States Nuclear Fuel Working Group,” July 12, 2019, https://www.whitehouse.gov/presidential-actions/
memorandum-effect-uranium-imports-national-security-establishment-united-states-nuclear-fuel-working-group. memorandum-effect-uranium-imports-national-security-establishment-united-states-nuclear-fuel-working-group.
1935 Ibid. Ibid.
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totaled approximately 635 million barrels. The SPR also includes a 1 million barrel northeast gasoline supply reserve (NGSR) that contains refined petroleum products held in leased commercial storage facilities located in the New York harbor area, the Boston area, and South Portland, ME.
DOE’s FY2021 budget request includes appropriations for two SPR budget accounts: (1) Strategic Petroleum Reserve ($187 million), which funds management, operations, and maintenance activities, and (2) SPR Petroleum Account ($0), which funds the acquisition, transportation, and injection of petroleum products (see Table 1). One notable change proposed in DOE’s budget request is to disestablish the NGSR, sell all refined petroleum product, transfer $19 million to the SPR Petroleum Account, transfer additional proceeds to the general fund, and eliminate annual NGSR leasing costs.
During FY2020, following oil market disruptions and price volatility related to the COVID-19 pandemic, DOE executed some unplanned efforts that required using available SPR Petroleum Account funds. Some of these efforts included an exchange-for-storage solicitation and a $5 million crude oil purchase.36 In 2021, DOE is required to draw down and sell at least 10 million barrels of crude oil as mandated by previously enacted legislation (P.L. 114-74 and P.L. 115-141) and possibly more should a suspended FY2020 sale occur in FY2021.37 Expenses associated with transporting and delivering mandated sales to buyers are paid for by SPR Petroleum Account funds. DOE’s budget request estimates FY2021 drawdown costs of $7.5 million.
Neither the House-passed bill nor the Senate Appropriations Committee majority draft bill approve DOE’s request to disestablish the NGSR. However, both bills do contain language that would relax presidential finding criteria for selling, during FY2021, refined petroleum product stored in the NGSR. Proceeds from such a sale would be deposited into the SPR Petroleum Account. Whether such a sale might occur during FY2021 is uncertain and would depend on regional petroleum-product market conditions and the Administration’s desire to draw down and sell NGSR inventories.
For the Strategic Petroleum Reserve budget account, the House-passed bill and Senate draft bill would appropriate $195 million and $187 million, respectively. For the SPR Petroleum Account, the House bill and Senate draft would appropriate $7.5 million and $1 million, respectively (see Table 1).
Table 1. SPR Budget Accounts: Comparison of FY2021 Budget Request, House Bill,
and Senate Appropriations Committee Majority Draft Bill
(dollars in thousands)
Senate
Committee
Majority
Budget Request
House Bill
Draft Bill
(A)
Strategic Petroleum Reserve
187,081
195,000
187,081
(B)
SPR Petroleum Account
0
7,500
1,000
36 For additional information, see CRS Insight IN11373, Strategic Petroleum Reserve: Recent Developments, by Phillip Brown.
37 For additional information about congressionally required SPR oil sales, see Strategic Petroleum Reserve: Mandated and Modernization Sales, by Phillip Brown, a congressional distribution memo available to congressional clients by request from the author.
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Senate
Committee
Majority
Budget Request
House Bill
Draft Bill
Budget Offset and Transfer: Refined Product Sales
(C)
Sell Northeast Gasoline Supply Reserve
-87,000
N/A
N/A
(D)
Transfer to SPR Petroleum Account
19,000
N/A
N/A
(E)
Net budget offset (C + D)
-68,000
N/A
N/A
(F)
Summation of Accounts and Offset (A + B + E)
119,081
202,500
188,081
Source: CRS analysis of DOE’s FY2021 budget request, House-passed bil , and Senate Appropriations Committee majority draft bil and explanatory statement. Notes: Net budget offset in DOE’s FY2021 budget request would be transferred to the general fund of the Treasury. N/A = not applicableEnergy and Water Development: FY2021 Appropriations
mandating sales of SPR oil.20 Mandated sales direct the Secretary of Energy to sell a specified quantity of SPR oil, with proceeds deposited into the general fund of the U.S. Treasury. In addition to mandated sales, modernization sales under various laws authorized the Secretary of Energy to draw down and sell SPR oil from FY2017 through FY2020.21 Proceeds from these sales are to be deposited in the Energy Security and Infrastructure Modernization Fund (ESIMF) for construction and maintenance of SPR facilities.
Global oil prices have declined precipitously since January 2020, as a result of a number of factors, including reduced demand and economic impacts related to the evolving COVID-19 pandemic. Due to these recent developments, a plan to sell crude oil from the SPR for the ESIMF—as required in FY2020 by P.L. 116-94—was suspended. Discussions transitioned from selling oil from the SPR to purchasing oil to fill it to capacity. Acquiring crude oil for SPR storage could absorb a limited amount of market oversupply. Physical SPR capacity is approximately 713.5 million barrels, while actual inventories are 635 million barrels.22 At the direction of President Trump, DOE issued a solicitation to purchase an initial 30 million barrels of crude oil as part of a plan to acquire 77 million barrels. However, on March 25, 2020, DOE cancelled this solicitation, noting “uncertainty related to adequate Congressional Appropriations.”23 On April 2, 2020, DOE announced a solicitation for storage of 30 million barrels in exchange for a certain percentage of the stored oil, which would become part of the SPR stockpile.24
DOE’s FY2021 budget request, similar to FY2020’s request, does not include appropriations for the SPR Petroleum Account, which is used for oil purchases. Instead, DOE seeks to dissolve the Northeast Gasoline Supply Reserve (NGSR), which consists of government-owned refined petroleum products in storage in the Northeast. According to DOE, the NGSR has never been utilized and is “not considered to be cost efficient or operationally effective.”25 DOE would use proceeds from the NGSR sale to fund drawdown costs related to Mandated and Modernization sales of crude oil from the SPR. DOE is requesting $187 million in appropriations for SPR facilities development, management, and operations.26 The House provided $20 million to maintain the NGSR at 1 million barrels and a total SPR appropriation of $195 million, plus $7.5 million for the Petroleum Account. For more information, see CRS Insight IN11373, Strategic
Petroleum Reserve: Recent Developments, by Phillip Brown, and CRS Insight IN11246, Low Oil
Prices and U.S. Oil Producers: Policy Considerations, by Phillip Brown and Michael Ratner. Also see CRS Congressional Distribution Memo CD1308862, Strategic Petroleum Reserve:
20 Bipartisan Budget Act of 2015 (P.L. 114-74); Fixing America’s Surface Transportation (FAST) Act (P.L. 114-94); 21st Century Cures Act of 2016 (P.L. 114-255); An Act to Provide for Reconciliation Pursuant to Titles II and V of the Current Resolution on the Budget for Fiscal Year 2018 (P.L. 115-97); Bipartisan Budget Act of 2018 (P.L. 115-123); Consolidated Appropriations Act, 2018 (P.L. 115-141); and America’s Water Infrastructure Act of 2018 (P.L. 115-270).
21 These laws include the Further Continuing and Security Assistance Appropriations Act, 2017 (P.L. 114-254), which allows sales up to $375.4 million; Bipartisan Budget Act of 2018 (P.L. 115-123), which allows sales up to $350 million; and Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019 (P.L. 115-244), which allows sales up to $300 million.
22 U.S. Department of Energy, Strategic Petroleum Reserve Inventory, April 17, 2020, https://www.spr.doe.gov/dir/dir.html.
23 U.S. Department of Energy, Amendment of Solicitation, 89243520RFE000015, March 25, 2020, available at https://www.spr.doe.gov/doeec/2020-03_CrudeOilPurchase/Docs/89243520RFE000015_Amendment_0001.pdf.
24 U.S. Department of Energy, “U.S. Department of Energy to Make Strategic Petroleum Reserve Storage Capacity Available to Struggling U.S. Oil Producers,” press release, April 2, 2020, https://www.energy.gov/articles/us-department-energy-make-strategic-petroleum-reserve-storage-capacity-available-struggling.
25 U.S. Department of Energy, “FY 2021 Congressional Budget Request, Budget in Brief,” February 2020, p. 31. 26 U.S. Department of Energy, “FY 2021 Congressional Budget Request, Budget in Brief,” February 2020, p. 30.
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Mandated and Modernization Oil Sales, by Phillip Brown and Heather L. Greenley, available to congressional clients from the authors. .
Elimination of Energy Loans and Loan Guarantees
The FY2021 budget request would halt further loans and loan guarantees under DOE’s Advanced The FY2021 budget request would halt further loans and loan guarantees under DOE’s Advanced
Technology Vehicles Manufacturing Loan Program and the Title 17 Innovative Technology Loan Technology Vehicles Manufacturing Loan Program and the Title 17 Innovative Technology Loan
Guarantee Program. Similar proposals to eliminate the programs in FY2018 through FY2020 Guarantee Program. Similar proposals to eliminate the programs in FY2018 through FY2020
were not enacted. The FY2021 budget request would also halt further loan guarantees under were not enacted. The FY2021 budget request would also halt further loan guarantees under
DOE’s Tribal Energy Loan Guarantee Program, a proposal that also was not approved by DOE’s Tribal Energy Loan Guarantee Program, a proposal that also was not approved by
Congress in previous years. Under the FY2021 budget proposal, DOE would receive $3 million Congress in previous years. Under the FY2021 budget proposal, DOE would receive $3 million
(offset by fees) to administer its existing portfolio of loans and loan guarantees. Unused prior-(offset by fees) to administer its existing portfolio of loans and loan guarantees. Unused prior-
year authority, or ceiling levels, for loan guarantee commitments would be rescinded, as well as year authority, or ceiling levels, for loan guarantee commitments would be rescinded, as well as
$170 million in unspent appropriations to cover loan guarantee “subsidy costs” (which are $170 million in unspent appropriations to cover loan guarantee “subsidy costs” (which are
primarily intended to cover potential losses). The House bill primarily intended to cover potential losses). The House bill
and the Senate committee majority draft would continue funding for the loan would continue funding for the loan
and loan guarantee programs. and loan guarantee programs.
Artificial Intelligence and Quantum Information Science
Initiatives
DOE’s FY2021 budget justification emphasizes the importance of the Office of Science’s DOE’s FY2021 budget justification emphasizes the importance of the Office of Science’s
crosscutting research on quantum information science (QIS) and artificial intelligence (AI) in crosscutting research on quantum information science (QIS) and artificial intelligence (AI) in
supporting “U.S.-based leadership in microelectronics.”supporting “U.S.-based leadership in microelectronics.”
2738 The FY2021 request includes $237 The FY2021 request includes $237
million for QIS and $125 million for AI, plus $12 million requested by NNSA in support of QIS million for QIS and $125 million for AI, plus $12 million requested by NNSA in support of QIS
research. The DOE Office of Science’s funding for QIS has grown in the past five years, from $6 research. The DOE Office of Science’s funding for QIS has grown in the past five years, from $6
million in FY2017 to $195 million in FY2020—with a further 21% increase sought for FY2021. million in FY2017 to $195 million in FY2020—with a further 21% increase sought for FY2021.
The funding request is spread across six Office of Science program areas, mostly in Advanced The funding request is spread across six Office of Science program areas, mostly in Advanced
Scientific Computing Research ($86 million) and Basic Energy Sciences ($72 million).Scientific Computing Research ($86 million) and Basic Energy Sciences ($72 million).
2839
38 Secretary of Energy Dan Brouillette, Testimony Before the Senate Appropriations Committee, Subcommittee on Energy and Water Development, March 4, 2020, https://www.appropriations.senate.gov/imo/media/doc/03.04.20%20—%20Brouillette%20Testimony.pdf.
39 Email from Robert Tuttle, DOE Office of Congressional and Intergovernmental Affairs, April 16, 2020.
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The House-passed bill provides for $235 million for quantum information science, about the same
The House-passed bill provides for $235 million for quantum information science, about the same
as the request, “including not less than $120,000,000 for research and not less than $100,000,000 as the request, “including not less than $120,000,000 for research and not less than $100,000,000
for up to five National Quantum Information Science Research Centers,” according to the House for up to five National Quantum Information Science Research Centers,” according to the House
Appropriations Committee report. The House bill includes funding of up to $125 million for AI Appropriations Committee report. The House bill includes funding of up to $125 million for AI
and machine learning, similar to the Administration request. In addition, Title VI includes and machine learning, similar to the Administration request. In addition, Title VI includes
emergency supplemental funding of $75 million for equipment and infrastructure for the QIS emergency supplemental funding of $75 million for equipment and infrastructure for the QIS
Research Centers. Research Centers.
The Senate Appropriations Committee majority draft report recommends $271 million from DOE Science programs for QIS, including the five QIS research centers. The Senate draft also includes at least $120 million from DOE Science programs for AI and machine learning, with “Advanced Scientific Computing Research to take a lead role.”40
QIS, including quantum computing, builds on the principles governing the smallest particles of QIS, including quantum computing, builds on the principles governing the smallest particles of
matter and energy to obtain and process information in ways that cannot be achieved based on matter and energy to obtain and process information in ways that cannot be achieved based on
classical physics principles. AI generally involves computerized systems that work and react in classical physics principles. AI generally involves computerized systems that work and react in
ways commonly thought to require intelligence, such as solving complex problems in real-world ways commonly thought to require intelligence, such as solving complex problems in real-world
situations. AI is often considered to include machine learning as a subfield. DOE’s budget situations. AI is often considered to include machine learning as a subfield. DOE’s budget
documents describe the QIS and AI program areas as “fundamental for the Industries of the documents describe the QIS and AI program areas as “fundamental for the Industries of the
Future Initiative” and the National Quantum Initiative, which are intended to advance U.S. Future Initiative” and the National Quantum Initiative, which are intended to advance U.S.
27 Secretary of Energy Dan Brouillette, Testimony Before the Senate Appropriations Committee, Subcommittee on Energy and Water Development, March 4, 2020, https://www.appropriations.senate.gov/imo/media/doc/03.04.20%20—%20Brouillette%20Testimony.pdf.
28 Email from Robert Tuttle, DOE Office of Congressional and Intergovernmental Affairs, April 16, 2020.
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industrial and scientific leadership.29industrial and scientific leadership.41 DOE established the Artificial Intelligence and Technology DOE established the Artificial Intelligence and Technology
Office (AITO) in September 2019 to coordinate AI activities. The FY2021 DOE request includes Office (AITO) in September 2019 to coordinate AI activities. The FY2021 DOE request includes
a new appropriations account for AITO, which would receive $5 million—nearly double the a new appropriations account for AITO, which would receive $5 million—nearly double the
FY2020 funding level for AI coordination, which had been included in the Departmental FY2020 funding level for AI coordination, which had been included in the Departmental
Administration account. Additionally, the National Security Commission on AI recommended in Administration account. Additionally, the National Security Commission on AI recommended in
March 2020 that federal AI funding be doubled, including $300 million for DOE.March 2020 that federal AI funding be doubled, including $300 million for DOE.
3042
For more information, see CRS Report R45409,
For more information, see CRS Report R45409,
Quantum Information Science: Applications,
Global Research and Development, and Policy Considerations, by Patricia Moloney Figliola, , by Patricia Moloney Figliola,
CRS In Focus IF10608, CRS In Focus IF10608,
Overview of Artificial Intelligence, by Laurie A. Harris, and CRS Video , by Laurie A. Harris, and CRS Video
WVB00311, WVB00311,
Artificial Intelligence: An Overview of Technologies and Issues for Congress, by , by
Laurie A. Harris. Laurie A. Harris.
International Thermonuclear Experimental Reactor and Fusion
Research Grants
The Administration’s FY2021 request for DOE’s Fusion Energy Sciences (FES) program under The Administration’s FY2021 request for DOE’s Fusion Energy Sciences (FES) program under
the Office of Science includes $107 million for the U.S. contribution to the International the Office of Science includes $107 million for the U.S. contribution to the International
Thermonuclear Experimental Reactor (ITER), which is under construction in France by a Thermonuclear Experimental Reactor (ITER), which is under construction in France by a
multinational consortium. “ITER will be the first fusion device to maintain fusion for long multinational consortium. “ITER will be the first fusion device to maintain fusion for long
periods of time” and is to lay the technical foundation “for the commercial production of fusion-periods of time” and is to lay the technical foundation “for the commercial production of fusion-
based electricity,” according to the consortium’s website.based electricity,” according to the consortium’s website.
3143 The FY2021 DOE appropriation The FY2021 DOE appropriation
request, 56% below the FY2020 enacted level of $242 million (which had been an 83% increase request, 56% below the FY2020 enacted level of $242 million (which had been an 83% increase
40 Senate Appropriations Committee majority draft explanatory statement, p. 116. 41 Ibid., and DOE, FY 2021 Congressional Budget Justification, vol. 4, February 2020, p. 150, https://www.energy.gov/sites/prod/files/2020/03/f72/doe-fy2021-budget-volume-4_0.pdf.
42 National Security Commission on Artificial Intelligence, First Quarter Recommendations, March 2020, p. 9, https://sites.google.com/nscai.gov/home/reports.
43 ITER website, https://www.iter.org/.
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from FY2019), includes funding to pay for components supplied by U.S. companies for the from FY2019), includes funding to pay for components supplied by U.S. companies for the
project, such as central solenoid superconducting magnet modules. project, such as central solenoid superconducting magnet modules.
The House-passed bill includes $260 million for the U.S. contribution to ITER, “of which not less
The House-passed bill includes $260 million for the U.S. contribution to ITER, “of which not less
than $100,000,000 is for in-cash contributions,” according to the Appropriations Committee than $100,000,000 is for in-cash contributions,” according to the Appropriations Committee
report. An additional $65 million for ITER is provided by Title VI as an emergency supplemental. report. An additional $65 million for ITER is provided by Title VI as an emergency supplemental.
The Senate committee majority draft recommends $211 million for the U.S. contribution to ITER, including at least $54 million for in-cash contributions.
ITER has long attracted congressional concern about management, schedule, and cost. The
ITER has long attracted congressional concern about management, schedule, and cost. The
United States is to pay 9% of the project’s construction costs, including contributions of United States is to pay 9% of the project’s construction costs, including contributions of
components, cash, and personnel. Other collaborators in the project include the European Union, components, cash, and personnel. Other collaborators in the project include the European Union,
Russia, Japan, India, South Korea, and China. The total U.S. share of the cost was estimated in Russia, Japan, India, South Korea, and China. The total U.S. share of the cost was estimated in
2015 to be between $4.0 billion and $6.5 billion, up from $1.45 billion to $2.2 billion in 2008. 2015 to be between $4.0 billion and $6.5 billion, up from $1.45 billion to $2.2 billion in 2008.
Some private-sector fusion companies contend that the technologies they are pursuing could Some private-sector fusion companies contend that the technologies they are pursuing could
produce practical fusion power sooner and less expensively than ITER.produce practical fusion power sooner and less expensively than ITER.
3244 The FY2021 FES The FY2021 FES
budget request includes $4 million, the same as in FY2020, for the Innovation Network for budget request includes $4 million, the same as in FY2020, for the Innovation Network for
Fusion Energy (INFUSE) program, which provides private-sector fusion companies with access Fusion Energy (INFUSE) program, which provides private-sector fusion companies with access
to DOE national laboratory facilities and expertise.to DOE national laboratory facilities and expertise.
3345 The House bill provides $5 million for The House bill provides $5 million for 29 Ibid., and DOE, FY 2021 Congressional Budget Justification, vol. 4, February 2020, p. 150, https://www.energy.gov/sites/prod/files/2020/03/f72/doe-fy2021-budget-volume-4_0.pdf.
30 National Security Commission on Artificial Intelligence, First Quarter Recommendations, March 2020, p. 9, https://sites.google.com/nscai.gov/home/reports.
31 ITER website, https://www.iter.org/. 32 Bourzac, Katherine, “Fusion Start-Ups Hope to Revolutionize Energy in the Coming Decades,” Chemical and
Engineering News, August 6, 2018, https://cen.acs.org/energy/nuclear-power/Fusion-start-ups-hope-revolutionize/96/i32.
33 DOE, FY 2021 Congressional Budget Justification, vol. 4, February 2020, p. 188, https://www.energy.gov/sites/prod/files/2020/03/f72/doe-fy2021-budget-volume-4_0.pdf.
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INFUSE, according to the committee report. In addition, ARPA-E is funding some alternative INFUSE, according to the committee report. In addition, ARPA-E is funding some alternative
fusion concepts.fusion concepts.
3446 The Senate committee majority draft recommends $4 million for INFUSE.
Elimination of Advanced Research Projects Agency—Energy
The Trump Administration’s FY2021 budget would eliminate the Advanced Research Projects The Trump Administration’s FY2021 budget would eliminate the Advanced Research Projects
Agency—Energy and rescind $332 million of the agency’s unobligated balances. ARPA-E funds Agency—Energy and rescind $332 million of the agency’s unobligated balances. ARPA-E funds
research on technologies that are determined to have potential to transform energy production, research on technologies that are determined to have potential to transform energy production,
storage, and use.storage, and use.
3547 According to the budget request, DOE would end ARPA-E “while According to the budget request, DOE would end ARPA-E “while
incorporating ARPA-E’s approach to technology development into the execution of applied incorporating ARPA-E’s approach to technology development into the execution of applied
energy office Small Business Innovation Research/Small Business Technology.”energy office Small Business Innovation Research/Small Business Technology.”
3648 The The
Administration also proposed to terminate ARPA-E in its FY2018, FY2019, and FY2020 budget Administration also proposed to terminate ARPA-E in its FY2018, FY2019, and FY2020 budget
requests, but Congress increased the program’s funding in all three years. The FY2020 enacted requests, but Congress increased the program’s funding in all three years. The FY2020 enacted
appropriations measure provided $425 million for ARPA-E, $59 million (16%) above the FY2019 appropriations measure provided $425 million for ARPA-E, $59 million (16%) above the FY2019
level. The Administration requested $21 million for ARPA-E close-out activities and oversight of level. The Administration requested $21 million for ARPA-E close-out activities and oversight of
existing projects in FY2021. existing projects in FY2021.
The House voted to increase ARPA-E’s funding to $435 million in FY2021, $10 million (2%)
The House voted to increase ARPA-E’s funding to $435 million in FY2021, $10 million (2%)
above the FY2020 enacted amount. In addition, Title VI of the House bill includes $250 million above the FY2020 enacted amount. In addition, Title VI of the House bill includes $250 million
for ARPA-E in emergency supplemental funding. The House Appropriations Committee report for ARPA-E in emergency supplemental funding. The House Appropriations Committee report
said, “The Committee again strongly rejects the short-sighted proposal to terminate ARPA-E. said, “The Committee again strongly rejects the short-sighted proposal to terminate ARPA-E.
Instead, the Committee continues investment in this transformational program and directs the Instead, the Committee continues investment in this transformational program and directs the
Department to continue to spend funds provided on research and development and program direction.”
44 Bourzac, Katherine, “Fusion Start-Ups Hope to Revolutionize Energy in the Coming Decades,” Chemical and Engineering News, August 6, 2018, https://cen.acs.org/energy/nuclear-power/Fusion-start-ups-hope-revolutionize/96/i32.
45 DOE, FY 2021 Congressional Budget Justification, vol. 4, February 2020, p. 188, https://www.energy.gov/sites/prod/files/2020/03/f72/doe-fy2021-budget-volume-4_0.pdf.
46 DOE, “Department of Energy Announces $32 Million for Lower-Cost Fusion Concepts,” April 7, 2020, https://www.energy.gov/articles/department-energy-announces-32-million-lower-cost-fusion-concepts.
47 DOE, “About ARPA-E,” https://arpa-e.energy.gov/?q=arpa-e-site-page/about. 48 DOE, FY2021 Congressional Budget Request, Budget in Brief, p. 75, https://www.energy.gov/sites/prod/files/2020/02/f72/doe-fy2021-budget-in-brief_0.pdf.
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Department to continue to spend funds provided on research and development and program direction.” The Senate Appropriations Committee majority draft bill includes $430 million for ARPA-E.
Weapons Activities Funding Increases
The FY2021 budget request for DOE Weapons Activities is 25% greater than the FY2020 enacted The FY2021 budget request for DOE Weapons Activities is 25% greater than the FY2020 enacted
level ($15.602 billion vs. $12.457 billion). The FY2020 enacted appropriation for Weapons level ($15.602 billion vs. $12.457 billion). The FY2020 enacted appropriation for Weapons
Activities was 12% above the FY2019 level. Weapons Activities programs are carried out by the Activities was 12% above the FY2019 level. Weapons Activities programs are carried out by the
National Nuclear Security Administration (NNSA), a semiautonomous agency within DOE. National Nuclear Security Administration (NNSA), a semiautonomous agency within DOE.
Under Weapons Activities, the FY2021 budget request includes funding for several major nuclear
Under Weapons Activities, the FY2021 budget request includes funding for several major nuclear
warhead life-extension programs (LEPs): warhead life-extension programs (LEPs):
NNSA requests $816 million for the B61-12 LEP in FY2021, an increase of $23
NNSA requests $816 million for the B61-12 LEP in FY2021, an increase of $23
million over the $793 million enacted for FY2020. The B61-12 is to combine
million over the $793 million enacted for FY2020. The B61-12 is to combine
four existing types of B61 warheads. The first production unit (FPU) had been four existing types of B61 warheads. The first production unit (FPU) had been
scheduled for FY2020 but was delayed due to an issue with capacitors used in six scheduled for FY2020 but was delayed due to an issue with capacitors used in six
major electrical components. According to NNSA, FPU is now scheduled for major electrical components. According to NNSA, FPU is now scheduled for
FY2022, and the program is to be completed in FY2026. FY2022, and the program is to be completed in FY2026.
NNSA requests $257 million for the W88 Alteration in FY2021, a reduction of
NNSA requests $257 million for the W88 Alteration in FY2021, a reduction of
$47 million from the $304 million enacted in FY2020. The program is to upgrade
$47 million from the $304 million enacted in FY2020. The program is to upgrade
the arming-fuzing-firing system on the warhead and refresh the warhead’s the arming-fuzing-firing system on the warhead and refresh the warhead’s
conventional high explosives. This warhead is carried on a portion of the D-5 conventional high explosives. This warhead is carried on a portion of the D-5
34 DOE, “Department of Energy Announces $32 Million for Lower-Cost Fusion Concepts,” April 7, 2020, https://www.energy.gov/articles/department-energy-announces-32-million-lower-cost-fusion-concepts.
35 DOE, “About ARPA-E,” https://arpa-e.energy.gov/?q=arpa-e-site-page/about. 36 DOE, FY2021 Congressional Budget Request, Budget in Brief, p. 75, https://www.energy.gov/sites/prod/files/2020/02/f72/doe-fy2021-budget-in-brief_0.pdf.
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(Trident) submarine-launched ballistic missiles (SLBMs). NNSA expected to (Trident) submarine-launched ballistic missiles (SLBMs). NNSA expected to
provide the FPU of this warhead in 2020, but according to NNSA, the delivery provide the FPU of this warhead in 2020, but according to NNSA, the delivery
was delayed due to an issue with capacitors used in three major components. was delayed due to an issue with capacitors used in three major components.
According to its budget documents, NNSA now estimates that it will provide the According to its budget documents, NNSA now estimates that it will provide the
FPU in FY2021. FPU in FY2021.
NNSA is requesting $1.0 billion for the W80-4 in FY2021, an increase of 11%
NNSA is requesting $1.0 billion for the W80-4 in FY2021, an increase of 11%
over the $899 million enacted in FY2020. This is the warhead for the new long-
over the $899 million enacted in FY2020. This is the warhead for the new long-
range cruise missile. The LEP would seek to use common components from other range cruise missile. The LEP would seek to use common components from other
LEPs and to improve warhead safety and security. The increase in the budget LEPs and to improve warhead safety and security. The increase in the budget
request for FY2021 reflects an increase in the scope of work on the program. The request for FY2021 reflects an increase in the scope of work on the program. The
FPU is scheduled for FY2025. FPU is scheduled for FY2025.
NNSA is requesting $541 million for the W87-1 warhead modification program
NNSA is requesting $541 million for the W87-1 warhead modification program
for FY2021, a nearly fivefold increase over the $112 million enacted for FY2020.
for FY2021, a nearly fivefold increase over the $112 million enacted for FY2020.
This increase reflects a “ramp-up” of activities across all program areas. The Air This increase reflects a “ramp-up” of activities across all program areas. The Air
Force plans to deploy the W87-1 on the new U.S. land-based intercontinental Force plans to deploy the W87-1 on the new U.S. land-based intercontinental
ballistic missile (ICBM), the Ground-Based Strategic Deterrent (GBSD). NNSA ballistic missile (ICBM), the Ground-Based Strategic Deterrent (GBSD). NNSA
has indicated that the FPU for the W87-1 is currently planned for FY2030. has indicated that the FPU for the W87-1 is currently planned for FY2030.
However, the FY2021 budget documents also note that the W87-0 warhead, However, the FY2021 budget documents also note that the W87-0 warhead,
which is currently deployed on U.S. ICBMs, will also be “qualified and deployed which is currently deployed on U.S. ICBMs, will also be “qualified and deployed
onto the GBSD.” This would provide the Air Force with an alternative warhead if onto the GBSD.” This would provide the Air Force with an alternative warhead if
the W87-1 FPU is delayed.the W87-1 FPU is delayed.
3749
NNSA is requesting $2.458 billion for a new program area—Production Modernization. This new
NNSA is requesting $2.458 billion for a new program area—Production Modernization. This new
program area funds many of the nuclear materials projects that were a part of Directed Stockpile program area funds many of the nuclear materials projects that were a part of Directed Stockpile
49 DOE, FY 2021 Congressional Budget Justification, vol. 1, February 2020, p. 118, https://www.energy.gov/sites/prod/files/2020/03/f72/doe-fy2021-budget-volume-1_2.pdf.
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Work in the FY2020 budget. It has four subprograms: Primary Capability Modernization, Work in the FY2020 budget. It has four subprograms: Primary Capability Modernization,
Secondary Capability Modernization, Non-nuclear Capability Modernization, and Tritium and Secondary Capability Modernization, Non-nuclear Capability Modernization, and Tritium and
Domestic Uranium Enrichment. The budget request seeks increases in funding for each of the Domestic Uranium Enrichment. The budget request seeks increases in funding for each of the
subprograms, although nearly 70% of the added funding supports Primary Capability subprograms, although nearly 70% of the added funding supports Primary Capability
Modernization. Modernization.
According to NNSA’s budget documents, the Primary Capability Modernization program
According to NNSA’s budget documents, the Primary Capability Modernization program
“consolidates management of nuclear material processing capabilities … needed for the “consolidates management of nuclear material processing capabilities … needed for the
production of primaries.”production of primaries.”
3850 Primaries are the plutonium pits and high explosives that serve as the Primaries are the plutonium pits and high explosives that serve as the
core of nuclear weapons. In FY2020, Congress approved $797.8 million for the plutonium core of nuclear weapons. In FY2020, Congress approved $797.8 million for the plutonium
modernization programs that are now a part of this program area; NNSA is requesting $1.369 modernization programs that are now a part of this program area; NNSA is requesting $1.369
million for FY2021. Congress approved $13.8 million for high explosives and energetics in million for FY2021. Congress approved $13.8 million for high explosives and energetics in
FY2020; NNSA is requesting $67.4 million in FY2021. FY2020; NNSA is requesting $67.4 million in FY2021.
The Plutonium Sustainment subprogram plans to expand production of plutonium pits from
The Plutonium Sustainment subprogram plans to expand production of plutonium pits from
existing facilities at Los Alamos National Laboratory in New Mexico to a new facility existing facilities at Los Alamos National Laboratory in New Mexico to a new facility
(repurposed from the canceled Mixed Oxide Fuel Fabrication Facility) at the Savannah River Site (repurposed from the canceled Mixed Oxide Fuel Fabrication Facility) at the Savannah River Site
in South Carolina. The Plutonium Sustainment subprogram, which received $712 million for in South Carolina. The Plutonium Sustainment subprogram, which received $712 million for
FY2020, is to be divided into four subprograms for FY2021: Los Alamos Plutonium FY2020, is to be divided into four subprograms for FY2021: Los Alamos Plutonium
Modernization ($593.5 million), Plutonium Pit Production Project at Los Alamos ($226 million), Modernization ($593.5 million), Plutonium Pit Production Project at Los Alamos ($226 million),
Savannah River Plutonium Modernization ($200 million), and Savannah River Plutonium Savannah River Plutonium Modernization ($200 million), and Savannah River Plutonium
Processing ($241.9 million). The two program areas at Los Alamos fund activities needed to Processing ($241.9 million). The two program areas at Los Alamos fund activities needed to
recapitalize buildings and capacity to meet pit production requirements at Los Alamos. The recapitalize buildings and capacity to meet pit production requirements at Los Alamos. The
37 DOE, FY 2021 Congressional Budget Justification, vol. 1, February 2020, p. 118, https://www.energy.gov/sites/prod/files/2020/03/f72/doe-fy2021-budget-volume-1_2.pdf.
38 Ibid., p. 92.
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programs at Savannah River support efforts to plan for operations at the new pit facility, to work programs at Savannah River support efforts to plan for operations at the new pit facility, to work
on its design and site and facility preparation, and to begin long-lead procurement. on its design and site and facility preparation, and to begin long-lead procurement.
The House approved $13.660 billion for Weapons Activities for FY2021. While this would be an
The House approved $13.660 billion for Weapons Activities for FY2021. While this would be an
increase of $1.203 billion (10%) over the amount appropriated in FY2020, it is $1.942 billion increase of $1.203 billion (10%) over the amount appropriated in FY2020, it is $1.942 billion
lower than the FY2021 budget request of $15.602 billion. The House also rejected some of lower than the FY2021 budget request of $15.602 billion. The House also rejected some of
NNSA’s proposed changes in the structure of the Weapons Activities programs, noting in the NNSA’s proposed changes in the structure of the Weapons Activities programs, noting in the
Appropriations Committee Report (H.Rept. 116-449) that, although NNSA had sought “to engage Appropriations Committee Report (H.Rept. 116-449) that, although NNSA had sought “to engage
in a constructive and transparent manner in communicating the proposed changes,” these efforts in a constructive and transparent manner in communicating the proposed changes,” these efforts
were not sufficient and “the Committee believes additional oversight and monitoring is were not sufficient and “the Committee believes additional oversight and monitoring is
necessary.” necessary.”
The House-passed bill also contains a provision that would bar the use of funds “to conduct, or
The House-passed bill also contains a provision that would bar the use of funds “to conduct, or
make specific preparations for, any explosive nuclear weapons test that produces any yield” (Sec. make specific preparations for, any explosive nuclear weapons test that produces any yield” (Sec.
8133). Administration officials have indicated that they do not plan to conduct such a test at this 8133). Administration officials have indicated that they do not plan to conduct such a test at this
time, and would only consider doing so if there were concerns about the safety or reliability of time, and would only consider doing so if there were concerns about the safety or reliability of
U.S. nuclear weapons. Recent reports indicate that the Administration has considered using such a U.S. nuclear weapons. Recent reports indicate that the Administration has considered using such a
test to exhibit U.S. nuclear weapons capabilities.test to exhibit U.S. nuclear weapons capabilities.
39
51
The Senate Appropriations Committee majority draft bill includes $15.602 billion for weapons activities, the same as the request and $1.942 billion above the House-passed level. The Senate committee draft explanatory statement “supports the initial studies to evaluate the W93 warhead” (the House had eliminated the funding) and supports the funding for the pit production plan, using
50 Ibid., p. 92. 51 Hudson, John and Paul Sonne, “Trump Administration Discussed Conducting First U.S. Nuclear Test in Decades,” Washington Post, May 22, 2020, https://www.washingtonpost.com/national-security/trump-administration-discussed-conducting-first-us-nuclear-test-in-decades/2020/05/22/a805c904-9c5b-11ea-b60c-3be060a4f8e1_story.html.
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both Los Alamos and the Savannah River site.52 For more information, see CRS Report R44442, For more information, see CRS Report R44442,
Energy and Water Development Appropriations:
Nuclear Weapons Activities, by Amy F. Woolf. , by Amy F. Woolf.
Cleanup of Former Nuclear Sites: Reductions and Transfers
DOE’s Office of Environmental Management (EM) is responsible for environmental cleanup and DOE’s Office of Environmental Management (EM) is responsible for environmental cleanup and
waste management at the department’s nuclear facilities. The $6.066 billion request for EM waste management at the department’s nuclear facilities. The $6.066 billion request for EM
activities for FY2021 would be a decrease of $1.390 billion (19%) from the FY2020 enacted level activities for FY2021 would be a decrease of $1.390 billion (19%) from the FY2020 enacted level
of $7.455 billion. The budgetary components of the EM program are Defense Environmental of $7.455 billion. The budgetary components of the EM program are Defense Environmental
Cleanup (-20%) and Non-Defense Environmental Cleanup (-14%). The largest proposed Cleanup (-20%) and Non-Defense Environmental Cleanup (-14%). The largest proposed
decreases are at the Hanford Site (WA), where projects managed by the Richland Operations decreases are at the Hanford Site (WA), where projects managed by the Richland Operations
Office would be reduced by $347 million (-35%) and those by the Office of River Protection by Office would be reduced by $347 million (-35%) and those by the Office of River Protection by
$358 million (-22%). Other relatively large EM reductions are proposed for the Oak Ridge Site $358 million (-22%). Other relatively large EM reductions are proposed for the Oak Ridge Site
(TN), down by $251 million (-37%); Idaho National Laboratory, down by $175 million (-39%); (TN), down by $251 million (-37%); Idaho National Laboratory, down by $175 million (-39%);
and Los Alamos National Laboratory, down by $100 million (-46%). The DOE budget and Los Alamos National Laboratory, down by $100 million (-46%). The DOE budget
justification attributed many of the proposed funding decreases to completion of various cleanup justification attributed many of the proposed funding decreases to completion of various cleanup
projects at the sites involved.projects at the sites involved.
4053
The FY2021 request includes a proposal to transfer management of the Formerly Utilized Sites
The FY2021 request includes a proposal to transfer management of the Formerly Utilized Sites
Remedial Action Program from USACE to the Office of Legacy Management (LM), the DOE Remedial Action Program from USACE to the Office of Legacy Management (LM), the DOE
office responsible for long-term stewardship of remediated sites. The transfer was also proposed office responsible for long-term stewardship of remediated sites. The transfer was also proposed
for FY2020 but not approved by Congress. The FY2021 LM budget request includes $150 for FY2020 but not approved by Congress. The FY2021 LM budget request includes $150
million for FUSRAP, down from $200 million appropriated to USACE for the program in million for FUSRAP, down from $200 million appropriated to USACE for the program in
FY2020. According to the DOE budget justification, “LM will be responsible for the FY2020. According to the DOE budget justification, “LM will be responsible for the
administration of FUSRAP, USACE will continue to conduct cleanup of FUSRAP sites, and LM administration of FUSRAP, USACE will continue to conduct cleanup of FUSRAP sites, and LM
will continue to conduct LTS&M [long-term surveillance and maintenance] after cleanup will continue to conduct LTS&M [long-term surveillance and maintenance] after cleanup
39 Hudson, John and Paul Sonne, “Trump Administration Discussed Conducting First U.S. Nuclear Test in Decades,” Washington Post, May 22, 2020, https://www.washingtonpost.com/national-security/trump-administration-discussed-conducting-first-us-nuclear-test-in-decades/2020/05/22/a805c904-9c5b-11ea-b60c-3be060a4f8e1_story.html.
40 DOE, FY2021 Congressional Budget Request, Budget in Brief, p. 53, https://www.energy.gov/sites/prod/files/2020/02/f72/doe-fy2021-budget-in-brief_0.pdf.
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activities are completed.” Under the proposal, LM would reimburse USACE for the cost of the activities are completed.” Under the proposal, LM would reimburse USACE for the cost of the
cleanup activities.cleanup activities.
4154
The House approved $7.458 billion for EM activities, an increase of $2 million from the FY2020
The House approved $7.458 billion for EM activities, an increase of $2 million from the FY2020
enacted level. In addition, the House bill includes $3.125 billion in EM emergency supplemental enacted level. In addition, the House bill includes $3.125 billion in EM emergency supplemental
funding, including $2.685 billion for defense cleanup, $200 million for non-defense cleanup, and funding, including $2.685 billion for defense cleanup, $200 million for non-defense cleanup, and
$240 million for the Uranium Enrichment Decontamination and Decommissioning Fund. The $240 million for the Uranium Enrichment Decontamination and Decommissioning Fund. The
House did not approve the proposed transfer of FUSRAP to DOE or proposed funding reduction, House did not approve the proposed transfer of FUSRAP to DOE or proposed funding reduction,
recommending an FY2021 appropriation of $210 million, up $10 million (5%) from the FY2020 recommending an FY2021 appropriation of $210 million, up $10 million (5%) from the FY2020
enacted amount. In addition, Title VI of Division C includes $500 million in emergency enacted amount. In addition, Title VI of Division C includes $500 million in emergency
supplemental appropriations for FUSRAP. supplemental appropriations for FUSRAP.
The Senate Appropriations Committee majority draft bill includes $7.534 billion for EM, $1.468 billion above the request and $76 million above the House-passed level, excluding emergency supplementals.
52 Senate Appropriations Committee majority draft explanatory statement, p. 127. 53 DOE, FY2021 Congressional Budget Request, Budget in Brief, p. 53, https://www.energy.gov/sites/prod/files/2020/02/f72/doe-fy2021-budget-in-brief_0.pdf.
54 DOE, FY2021 Budget in Brief, February 2020, p. 56, https://www.energy.gov/sites/prod/files/2020/02/f72/doe-fy2021-budget-in-brief_0.pdf.
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Southwest Border Regional Commission and Southeast Crescent
Regional Commission Funding
The House approved $250,000 in appropriations for the Southwest Border Regional Commission The House approved $250,000 in appropriations for the Southwest Border Regional Commission
(SBRC)—the first time appropriations have been recommended for the SBRC since it was (SBRC)—the first time appropriations have been recommended for the SBRC since it was
authorized in the 2008 farm bill (P.L. 110-234) along with the Southeast Crescent Regional authorized in the 2008 farm bill (P.L. 110-234) along with the Southeast Crescent Regional
Commission (SCRC) and the Northern Border Regional Commission (NBRC). The SBRC is one Commission (SCRC) and the Northern Border Regional Commission (NBRC). The SBRC is one
of seven authorized federal regional commissions and authorities, of which four are currently of seven authorized federal regional commissions and authorities, of which four are currently
active: the Appalachian Regional Commission, the NBRC, the Denali Commission, and the Delta active: the Appalachian Regional Commission, the NBRC, the Denali Commission, and the Delta
Regional Authority.Regional Authority.
4255 If formed, the SBRC would be the fifth active federal regional commission. If formed, the SBRC would be the fifth active federal regional commission.
However, even if the appropriation were to be enacted, the SBRC’s formation would additionally However, even if the appropriation were to be enacted, the SBRC’s formation would additionally
depend on the appointment of a federal co-chair by the President with the advice and consent of depend on the appointment of a federal co-chair by the President with the advice and consent of
the Senate, as required by statute. the Senate, as required by statute.
The House bill also includes $1 million for the SCRC, which is inactive as well. Since FY2010,
The House bill also includes $1 million for the SCRC, which is inactive as well. Since FY2010,
the SCRC has received annual appropriations of $250,000, but has yet to form, as no federal co-the SCRC has received annual appropriations of $250,000, but has yet to form, as no federal co-
chair has ever been appointed. Although the SCRC’s increased appropriation would provide it chair has ever been appointed. Although the SCRC’s increased appropriation would provide it
with the ability to conduct some limited grantmaking upon formation, its development would still with the ability to conduct some limited grantmaking upon formation, its development would still
require a presidentially appointed and Senate-confirmed federal co-chair.require a presidentially appointed and Senate-confirmed federal co-chair.
The Senate Appropriations Committee majority draft bill would provide no funding for SBRC or SCRC.
Bill Status and Recent Funding History
Table 12 indicates the steps taken during consideration of FY2021 Energy and Water Development indicates the steps taken during consideration of FY2021 Energy and Water Development
appropriations. (For more details, see the CRS Appropriations Status Table at http://www.crs.gov/appropriations. (For more details, see the CRS Appropriations Status Table at http://www.crs.gov/
AppropriationsStatusTable/Index.) AppropriationsStatusTable/Index.)
41 DOE, FY2021 Budget in Brief, February 2020, p. 56, https://www.energy.gov/sites/prod/files/2020/02/f72/doe-fy2021-budget-in-brief_0.pdf.
42 For more information, see CRS Report R45997, Federal Regional Commissions and Authorities: Structural Features
and Function, by Michael H. Cecire.
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Table 1
Table 2. Status of Energy and Water Development Appropriations, FY2021
Subcommittee
Markup
Final Approval
House
House
Senate
Senate
Conf.
Public
House
Senate Comm. Passed Comm. Passed
Report
House
Senate
Law
7/7/20
7/7/20
7/13/20
7/13/20
7/31/20
7/31/20
Source: CRS Appropriations Status Table.CRS Appropriations Status Table.
Table 2 Note: The Senate Appropriations Committee majority released a draft FY2021 Energy and Water Development appropriations bil and explanatory statement November 10, 2020, at https://www.appropriations.senate.gov/news/committee-releases-fy21-bil s-in-effort-to-advance-process-produce-bipartisan-results.
Table 3 includes budget totals for energy and water development appropriations enacted for includes budget totals for energy and water development appropriations enacted for
FY2013FY2014 through the FY2021 House passage.
55 For more information, see CRS Report R45997, Federal Regional Commissions and Authorities: Structural Features and Function, by Michael H. Cecire.
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Table 3 through the FY2021 House passage.
Table 2. Energy and Water Development Appropriations,
FY2013- FY2021 House BillFY2014-FY2021 Preliminary Action
(budget authority in billions of current dollars)
(budget authority in billions of current dollars)
FY2021 FY2021
FY2013
Sen.
Comm.
FY2021 FY2021 Majority
FY2014 FY2015 FY2016 FY2017 FY2018 FY2019 FY2020 Request
House
30.7aDraft
34.1
34.1
34.8
34.8
37.3
37.3
37.4b
37.4b
43.
43.
2b
44.
44.
7c
48.
48.
3de
43.242.6
49.6f
49.6f
51.9
Source: Compiled by CRS from totals provided by congressional budget documents. Compiled by CRS from totals provided by congressional budget documents.
Notes: Figures exclude permanent budget authorities and reflect rescissions. Figures exclude permanent budget authorities and reflect rescissions.
a. Amount does not include $5.4 bil ion in funding for USACE ($1.9 bil ion emergency and $3.5 bil ion a. Amount does not include $5.4 bil ion in funding for USACE ($1.9 bil ion emergency and $3.5 bil ion
additional).
additional).
b. Amount does not includes $1.0 bil ion in emergency funding for the USACE.
b. Amount does not includes $1.0 bil ion in emergency funding for the USACE.
c. Amount does not include $17.4 bil ion in emergency funding for USACE ($17.4 bil ion) and Department of c. Amount does not include $17.4 bil ion in emergency funding for USACE ($17.4 bil ion) and Department of
Energy programs ($22 mil ion).
Energy programs ($22 mil ion).
d. Amount does not include supplemental funding provided by P.L. 116-20 ($3.258 bil ion for USACE and
d. Amount does not include supplemental funding provided by P.L. 116-20 ($3.258 bil ion for USACE and
$15.85 mil ion for Reclamation).
$15.85 mil ion for Reclamation).
e. Amount does not include supplemental funding provided by P.L. 116-136.
e. Amount does not include supplemental funding provided by P.L. 116-136.
f. f.
Amount does not include emergency funding.
Amount does not include emergency funding.
Description of Major Energy and Water Programs
The annual Energy and Water Development appropriations bill includes four titles: Title I—Corps The annual Energy and Water Development appropriations bill includes four titles: Title I—Corps
of Engineers—Civil; Title II—Department of the Interior (Bureau of Reclamation and Central of Engineers—Civil; Title II—Department of the Interior (Bureau of Reclamation and Central
Utah Project); Title III—Department of Energy; and Title IV—Independent Agencies, as shown Utah Project); Title III—Department of Energy; and Title IV—Independent Agencies, as shown
ii
n Table 34. Major programs in the bill are described in this section in the approximate order they Major programs in the bill are described in this section in the approximate order they
appear in the bill. Previous appropriations and the amounts recommended and approved during appear in the bill. Previous appropriations and the amounts recommended and approved during
the major stages of the FY2021 appropriations process are shown in the accompanying tables, the major stages of the FY2021 appropriations process are shown in the accompanying tables,
and additional details about many of these programs are provided in separate CRS reports as and additional details about many of these programs are provided in separate CRS reports as
indicated. For a discussion of current funding issues related to these programs, see indicated. For a discussion of current funding issues related to these programs, see
“Funding
Issues and Initiatives,”” above. Congressional clients may obtain more detailed information by above. Congressional clients may obtain more detailed information by
contacting CRS analysts listed in CRS Report R42638, contacting CRS analysts listed in CRS Report R42638,
Appropriations: CRS Experts, by James , by James
M. Specht and Justin Murray. M. Specht and Justin Murray.
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2226 Energy and Water Development: FY2021 Appropriations
Table 34. Energy and Water Development Appropriations Summary
(budget authority in millions of current dollars)
(budget authority in millions of current dollars)
FY2021
Sen.
Comm.
FY2017
FY2018
FY2019
FY2020
FY2020FY2021
FY2021
FY2021Majority
Title
Approp.
Approp.
Approp.
Request
Approp.
Request
HouseApprop.
Request
House
Draft
Title I: Corps of
Title I: Corps of
6,038
6,038
6,827
6,827
6,999
6,999
4,964
7,650
7,650
5,966
5,966
7,629
7,629
7,722
Engineers
Engineers
Title II: CUP and
Title II: CUP and
1,317
1,317
1,480
1,480
1,565
1,565
1,120
1,680
1,680
1,138
1,138
1,655
1,655
1,690
Reclamation
Reclamation
Title III: Department
Title III: Department
30,150
30,150
34,569
34,569
35,709
35,709
32,198
38,586
38,657
35,729
35,729
40,864
40,864
42,041
of Energy
of Energy
Title IV: Independent
Title IV: Independent
349
349
392
392
390
390
370
407
407
333
333
389
389
413
Agencies
Agencies
General provisions
General provisions
-62
-62
—
—
21
21
—
—
—
—
—
—
—
—
Subtotal
Subtotal
37,791
37,791
43,268
43,268
44,684
44,684
38,652
48,
48,
324395
43,
43,
166169
50,536
50,536
51,866
Rescissions and
Rescissions and
-436
-436
-49
-49
-24
-24
-
-
696
19
14
-93571
-610
-935
-2
Scorekeeping
Scorekeeping
AdjustmenAdjustmen
tsa
E&W Total
37,355
43,219
44,660
37,956
48,343
43,180
48,324
42,559
49,601
51,864
FY2021 Emergency
FY2021 Emergency
44,050
Supplemental Supplemental
Total with
93,651
Supplemental
Sources: FY2021 Senate Appropriations Committee majority draft; H.R. 7617H.R. 7617
; H.Rept. 116-449; President’s Budget FY2021; Explanatory Statement for Division C of H.R. H.Rept. 116-449; President’s Budget FY2021; Explanatory Statement for Division C of H.R.
1865, 116th Congress; S.Rept. 116-102; S. 2470; H.R. 2740; CBO Current Status Report; H.Rept. 116-83; H.Rept. 1865, 116th Congress; S.Rept. 116-102; S. 2470; H.R. 2740; CBO Current Status Report; H.Rept. 116-83; H.Rept.
115-929; S.Rept. 115-258; and115-929; S.Rept. 115-258; and
P.L. 115-31 and explanatory statement. Subtotals may include other adjustments. P.L. 115-31 and explanatory statement. Subtotals may include other adjustments.
Columns may not sum to totals because of rounding and adjustments. Columns may not sum to totals because of rounding and adjustments.
a. Budget “scorekeeping” refers to official determinations of spending amounts for congressional budget a. Budget “scorekeeping” refers to official determinations of spending amounts for congressional budget
enforcement purposes. These scorekeeping adjustments may include rescissions and offsetting revenues
enforcement purposes. These scorekeeping adjustments may include rescissions and offsetting revenues
from various sources. from various sources.
Agency Budget Justifications
FY2021 budget justifications for the largest agencies funded by the annual Energy and Water FY2021 budget justifications for the largest agencies funded by the annual Energy and Water
Development appropriations bill can be found through the links below. The justifications provide Development appropriations bill can be found through the links below. The justifications provide
detailed descriptions and funding breakouts for programs, projects, and activities under the detailed descriptions and funding breakouts for programs, projects, and activities under the
agencies’ jurisdiction. agencies’ jurisdiction.
Title I, U.S. Army Corps of Engineers, Civil Works, http://www.usace.army.mil/
Title I, U.S. Army Corps of Engineers, Civil Works, http://www.usace.army.mil/
Missions/CivilWorks/Budget
Missions/CivilWorks/Budget
Title II
Title II
Bureau of Reclamation, https://www.usbr.gov/budget/
Bureau of Reclamation, https://www.usbr.gov/budget/
Central Utah Project, https://www.doi.gov/sites/doi.gov/files/uploads/ Central Utah Project, https://www.doi.gov/sites/doi.gov/files/uploads/
fy2020_cupca_budget_justification.pdf
fy2020_cupca_budget_justification.pdf
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Title III, Department of Energy, https://www.energy.gov/cfo/downloads/fy-2021- Title III, Department of Energy, https://www.energy.gov/cfo/downloads/fy-2021-
budget-justification
budget-justification
Title IV, Independent Agencies
Title IV, Independent Agencies
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Appalachian Regional Commission, https://www.arc.gov/publications/ Appalachian Regional Commission, https://www.arc.gov/publications/
BudgetDocuments.asp
BudgetDocuments.asp
Nuclear Regulatory Commission, https://www.nrc.gov/reading-rm/doc-
Nuclear Regulatory Commission, https://www.nrc.gov/reading-rm/doc-
collections/nuregs/staff/sr1100/
collections/nuregs/staff/sr1100/
Defense Nuclear Facilities Safety Board, https://www.dnfsb.gov/about/
Defense Nuclear Facilities Safety Board, https://www.dnfsb.gov/about/
congressional-budget-requests
congressional-budget-requests
Nuclear Waste Technical Review Board, http://www.nwtrb.gov/about-us/
Nuclear Waste Technical Review Board, http://www.nwtrb.gov/about-us/
plans
plans
Army Corps of Engineers
USACE is an agency in the Department of Defense with both military and civilian USACE is an agency in the Department of Defense with both military and civilian
responsibilities. Under its civil works program, which is funded by the Energy and Water responsibilities. Under its civil works program, which is funded by the Energy and Water
Development appropriations bill, USACE plans, builds, operates, and in some cases maintains Development appropriations bill, USACE plans, builds, operates, and in some cases maintains
water resource facilities for coastal and inland navigation, riverine and coastal flood risk water resource facilities for coastal and inland navigation, riverine and coastal flood risk
reduction, and aquatic ecosystem restoration.reduction, and aquatic ecosystem restoration.
4356
In recent decades, Congress has generally authorized USACE studies, construction projects, and
In recent decades, Congress has generally authorized USACE studies, construction projects, and
other activities in omnibus water authorization bills, typically titled as Water Resources other activities in omnibus water authorization bills, typically titled as Water Resources
Development Acts (WRDA), prior to funding them through appropriations legislation. Recent Development Acts (WRDA), prior to funding them through appropriations legislation. Recent
Congresses enacted the following omnibus water resources authorization acts: in June 2014, the Congresses enacted the following omnibus water resources authorization acts: in June 2014, the
Water Resources Reform and Development Act of 2014 (WRRDA, P.L. 113-121); in December Water Resources Reform and Development Act of 2014 (WRRDA, P.L. 113-121); in December
2016, the Water Resources Development Act of 2016 (Title I of P.L. 114-322, the Water 2016, the Water Resources Development Act of 2016 (Title I of P.L. 114-322, the Water
Infrastructure Improvements for the Nation Act [WIIN Act]); and in October 2018, the Water Infrastructure Improvements for the Nation Act [WIIN Act]); and in October 2018, the Water
Resources Development Act of 2018 (Title I of P.L. 115-270, America’s Water Infrastructure Act Resources Development Act of 2018 (Title I of P.L. 115-270, America’s Water Infrastructure Act
of 2018 [AWIA 2018]). These acts consisted largely of authorizations for new USACE projects, of 2018 [AWIA 2018]). These acts consisted largely of authorizations for new USACE projects,
and they altered numerous USACE policies and procedures.and they altered numerous USACE policies and procedures.
4457
Unlike for highways and in municipal water infrastructure programs, federal funds for USACE
Unlike for highways and in municipal water infrastructure programs, federal funds for USACE
are not distributed to states or projects based on formulas or delivered via competitive grants. are not distributed to states or projects based on formulas or delivered via competitive grants.
Instead, USACE generally is directly involved in planning, designing, and managing the Instead, USACE generally is directly involved in planning, designing, and managing the
construction of projects that are cost-shared with nonfederal project sponsors. construction of projects that are cost-shared with nonfederal project sponsors.
Since the 112th Congress, earmark moratorium policies have limited congressionally directed
Since the 112th Congress, earmark moratorium policies have limited congressionally directed
funding of site-specific projects (i.e., funding of site-specific projects (i.e.,
earmarks). Prior to the 112th Congress, Congress would ). Prior to the 112th Congress, Congress would
direct funds to specific projects not in the budget request or increase funds for certain projects. direct funds to specific projects not in the budget request or increase funds for certain projects.
Each year since FY2011, Congress has appropriated additional funding for categories of USACE Each year since FY2011, Congress has appropriated additional funding for categories of USACE
work without identifying specific projects. For example, in FY2020, Congress provided $2.53 work without identifying specific projects. For example, in FY2020, Congress provided $2.53
billion in additional funding for 26 categories of USACE activities (e.g., construction related to billion in additional funding for 26 categories of USACE activities (e.g., construction related to
flood and storm damage reduction). After congressional enactment of the appropriations flood and storm damage reduction). After congressional enactment of the appropriations
legislation and accompanying report language on priorities and other guidance for use of the legislation and accompanying report language on priorities and other guidance for use of the
additional funding, the Administration develops a work plan that reports on (1) the studies and construction projects selected to receive funding for the first time (new starts) and (2) the specific projects receiving additional funds. For more information, see CRS In Focus IF11462, Army
Corps of Engineers: FY2021 Appropriations, by Anna E. Normand and Nicole T. Carter, and CRS
43
56 Military responsibilities are funded through the Military Construction, Veterans Affairs, and Related Agencies Military responsibilities are funded through the Military Construction, Veterans Affairs, and Related Agencies
appropriations bill. appropriations bill.
4457 For more information on USACE authorization legislation, see CRS In Focus IF11322, For more information on USACE authorization legislation, see CRS In Focus IF11322,
Water Resources
Development Acts: Primer, by Nicole T. Carter and Anna E. Normand, and CRS Report R45185, , by Nicole T. Carter and Anna E. Normand, and CRS Report R45185,
Army Corps of
Engineers: Water Resource Authorization and Project Delivery Processes, by Nicole T. Carter and Anna E. Normand. , by Nicole T. Carter and Anna E. Normand.
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2429 link to page link to page
2429 link to page link to page
24 link to page 24 link to page 24 link to page 24 link to page 25 Energy and Water Development: FY2021 Appropriations
29 link to page 29 Energy and Water Development: FY2021 Appropriations
additional funding, the Administration develops a work plan that reports on (1) the studies and construction projects selected to receive funding for the first time (new starts) and (2) the specific projects receiving additional funds. For more information, see CRS In Focus IF11462, Army Corps of Engineers: FY2021 Appropriations, by Anna E. Normand and Nicole T. Carter, and CRS Report R46320, Report R46320,
U.S. Army Corps of Engineers: Annual Appropriations Process and Issues for
Congress, by Anna E. Normand and Nicole T. Carter. Previous appropriations, the , by Anna E. Normand and Nicole T. Carter. Previous appropriations, the
FY2020 and FY2021 requests, and the FY2021 House-passedFY2021 request, the FY2021 House-passed levels, and the FY2021 Senate Appropriations Committee majority draft levels are shown i levels are shown i
n Table 45.
Table 45. Army Corps of Engineers
(budget authority in millions of current dollars)
(budget authority in millions of current dollars)
FY2021
Sen.
Comm.
FY2017
FY2018
FY2019
FY2020
FY2020FY2021
FY2021
FY2021Majority
Program
Approp.
Approp.
Approp.
Request
Approp.
Request
House
Draft
Investigations and Investigations and
121.0
121.0
123.0
123.0
125
125
.0
77.0 .0
151.0
151.0
102.6
102.6
151.0
151.0
151.2
Planning
Planning
Construction
Construction
1,876.0
1,876.0
2,085.0
2,085.0
2,183.0
2,183.0
1,306.9a
2,681.0
2,681.0
2,173.
2,173.
2a
2,619.9
2,619.9
2,661.0
Mississippi River
Mississippi River
362.0
362.0
425.0
425.0
368.0
368.0
209.9a
375.0
375.0
209.
209.
9a
365.0
365.0
395.0
and Tributaries
and Tributaries
(MR&T) (MR&T)
Operation and
Operation and
3,149.0
3,149.0
3,630.0
3,630.0
3,739.5
3,739.5
1,930.4a
3,790.0
3,790.0
1,996.
1,996.
5a
3,838.0
3,838.0
3,781.0
Maintenance
Maintenance
(O&M) (O&M)
Regulatory
Regulatory
200.0
200.0
200.0
200.0
200
200
.0
200.0 .0
210.0
210.0
200.0
200.0
210.0
210.0
210.0
General
General
181.0
181.0
185.0
185.0
193.0
193.0
187.0
203.0 203.0
187.0
187.0
195.0
195.0
211.0
Expenses
Expenses
FUSR
FUSR
APb
112.0
112.0
139.0
139.0
150.0
150.0
0
200.0 200.0
0
0
210.0
210.0
250.0
Flood Control
Flood Control
32.0
32.0
35.0
35.0
35.0
35.0
2735.0 .0
3577.0 .0
7735.0 .0
35.035.0
and Coastal
and Coastal
Emergencies Emergencies
(FCCE) (FCCE)
Office of the
Office of the
4.8
4.8
5.0
5.0
5.0
5.0
5.0
5.0
5.0
5.0
5.0
5.0
5.0
3.0
Asst. Secretary
Asst. Secretary
of the Army of the Army
Harbor Water
965.0
1,015.0
Maintenance Trust Fund
25.0c
Infrastructure Finance and Innovation (WIFIA) Program
Harbor
1,015.0
Maintenance Trust Fund
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FY2021
Sen.
Comm.
FY2017
FY2018
FY2019
FY2020
FY2021
FY2021
Majority
Program
Approp.
Approp.
Approp.
Approp.
Request
House
Draft
Inland
Inland
55.5
0
0
Waterways Trust
Waterways Trust
Fund Fund
Total Title I
6,037.8
6,827.0
6,998.5
4,963.8
7,650.0
5,966.2
7,628.9
FY2021
7,722.2
FY2021
17,000.0
Emergency Emergency
Supplemental Supplemental
Total with
24,628.9
Supplemental
Sources: FY2021 Senate Appropriations Committee majority draft; H.R. 7617, H.Rept. 116-449; President’s Budget, FY2021; Explanatory Statement for Division C of H.R. H.R. 7617, H.Rept. 116-449; President’s Budget, FY2021; Explanatory Statement for Division C of H.R.
1865, 116th Congress;1865, 116th Congress;
S.Rept. 116-102; S. 2470; H.R. 2740; CBO Current Status Report; H.Rept. 116-83;S.Rept. 116-102; S. 2470; H.R. 2740; CBO Current Status Report; H.Rept. 116-83;
FY2020 FY2020
Budget Justification;Budget Justification;
H.Rept. 115-929; S.Rept. 115-258; S.Rept. 115-132; H.Rept. 115-230; and P.L. 115-31 and H.Rept. 115-929; S.Rept. 115-258; S.Rept. 115-132; H.Rept. 115-230; and P.L. 115-31 and
explanatory statement. FY2020 and FY2021 request numbers can be found at https://www.usace.army.mil/explanatory statement. FY2020 and FY2021 request numbers can be found at https://www.usace.army.mil/
Missions/Civil-Works/Budget/. Columns may not sum to totals because of rounding. Missions/Civil-Works/Budget/. Columns may not sum to totals because of rounding.
a. In the Administration’s request, some activities that would have previously been funded in these accounts a. In the Administration’s request, some activities that would have previously been funded in these accounts
were proposed to be funded directly from the Harbor Maintenance Trust Fund (HMTF) and Inland
were proposed to be funded directly from the Harbor Maintenance Trust Fund (HMTF) and Inland
Waterway Trust Fund (IWTF) accounts. That is, the Administration proposed funding eligible USACE Waterway Trust Fund (IWTF) accounts. That is, the Administration proposed funding eligible USACE
activities directly from the trust funds. This would replace the current practice of having USACE’s O&M, activities directly from the trust funds. This would replace the current practice of having USACE’s O&M,
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Construction, and MR&T accounts incur expenses for HMTF-eligible and IWTF-eligible activities, and for Construction, and MR&T accounts incur expenses for HMTF-eligible and IWTF-eligible activities, and for
these expenses to be reimbursed from the HMTF and IWTF accounts. For example, HMTF-eligible these expenses to be reimbursed from the HMTF and IWTF accounts. For example, HMTF-eligible
maintenance dredging would no longer be funded by the O&M account and reimbursed by the HMTF; maintenance dredging would no longer be funded by the O&M account and reimbursed by the HMTF;
instead the dredging would be funded directly from the HMTF account. Similar proposals were not enacted instead the dredging would be funded directly from the HMTF account. Similar proposals were not enacted
in FY2019 and FY2020. in FY2019 and FY2020.
b. Formerly Utilized Sites Remedial Action Program. The Administration’s FY2020 request proposed
b. Formerly Utilized Sites Remedial Action Program. The Administration’s FY2020 request proposed
transferring administration and funding of FUSRAP to the DOE Office of Legacy Management, but the
transferring administration and funding of FUSRAP to the DOE Office of Legacy Management, but the
proposal was not enacted. The proposal is also included in the FY2021 budget request. proposal was not enacted. The proposal is also included in the FY2021 budget request.
c. The FY2021 Senate Appropriations Committee majority draft would create a new USACE account to
support direct loans and for the cost of guaranteed loans, as authorized by the Water Infrastructure Finance and Innovation Act of 2014 (Title V, Subtitle C of P.L. 113-121).
Bureau of Reclamation and Central Utah Project
Most of the large dams and water diversion structures in the West were built by, or with the Most of the large dams and water diversion structures in the West were built by, or with the
assistance of, the Bureau of Reclamation. While the Corps of Engineers built hundreds of flood assistance of, the Bureau of Reclamation. While the Corps of Engineers built hundreds of flood
control and navigation projects, Reclamation’s original mission was to develop water supplies, control and navigation projects, Reclamation’s original mission was to develop water supplies,
primarily for irrigation to reclaim arid lands in the West for farming and ranching. Reclamation primarily for irrigation to reclaim arid lands in the West for farming and ranching. Reclamation
has evolved into an agency that assists in meeting the water demands in the West while working has evolved into an agency that assists in meeting the water demands in the West while working
to protect the environment and the public’s investment in Reclamation infrastructure. The to protect the environment and the public’s investment in Reclamation infrastructure. The
agency’s municipal and industrial water deliveries have more than doubled since 1970. agency’s municipal and industrial water deliveries have more than doubled since 1970.
Today, Reclamation manages hundreds of dams and diversion projects, including more than 300
Today, Reclamation manages hundreds of dams and diversion projects, including more than 300
storage reservoirs, in 17 western states. These projects provide water to approximately 10 million storage reservoirs, in 17 western states. These projects provide water to approximately 10 million
acres of farmland and 31 million people. Reclamation is the largest wholesale supplier of water in acres of farmland and 31 million people. Reclamation is the largest wholesale supplier of water in
the 17 western states and the second-largest hydroelectric power producer in the nation. the 17 western states and the second-largest hydroelectric power producer in the nation.
Reclamation facilities also provide substantial flood control, recreation, and other benefits. Reclamation facilities also provide substantial flood control, recreation, and other benefits.
Reclamation facility operations are often controversial, particularly for their effect on fish and Reclamation facility operations are often controversial, particularly for their effect on fish and
wildlife species and because of conflicts among competing water users during drought conditions. wildlife species and because of conflicts among competing water users during drought conditions.
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As with the Corps of Engineers, the Reclamation budget is made up largely of individual project As with the Corps of Engineers, the Reclamation budget is made up largely of individual project
funding lines, rather than general programs that would not be covered by congressional earmark funding lines, rather than general programs that would not be covered by congressional earmark
requirements. Therefore, as with USACE, these Reclamation projects have often been subject to requirements. Therefore, as with USACE, these Reclamation projects have often been subject to
earmark disclosure rules. The current moratorium on earmarks restricts congressional steering of earmark disclosure rules. The current moratorium on earmarks restricts congressional steering of
money directly toward specific Reclamation projects. money directly toward specific Reclamation projects.
Reclamation’s single largest account, Water and Related Resources, encompasses the agency’s
Reclamation’s single largest account, Water and Related Resources, encompasses the agency’s
traditional programs and projects, including construction, operations and maintenance, dam traditional programs and projects, including construction, operations and maintenance, dam
safety, and ecosystem restoration, among others.safety, and ecosystem restoration, among others.
4558 Reclamation also typically requests funds in a Reclamation also typically requests funds in a
number of smaller accounts, and has proposed additional accounts in recent years. number of smaller accounts, and has proposed additional accounts in recent years.
Implementation and oversight of the Central Utah Project, also funded by Title II, is conducted by
Implementation and oversight of the Central Utah Project, also funded by Title II, is conducted by
a separate office within the Department of the Interior.a separate office within the Department of the Interior.
4659
For more information, see CRS In Focus IF11465,
For more information, see CRS In Focus IF11465,
Bureau of Reclamation: FY2021
Appropriations, by Charles V. Stern. Previous appropriations and the amounts recommended and , by Charles V. Stern. Previous appropriations and the amounts recommended and
approved during the major stages of the FY2021 appropriations process are shown iapproved during the major stages of the FY2021 appropriations process are shown i
n Table 5.
45 The Water and Related Resources Account is largely funded by the Reclamation Fund, which receives and distributes receipts related to a number of federal activities (including royalties received from oil and gas leasing on federal lands). For more on this fund and financing of selected Reclamation Projects, see CRS Report R41844, The
Reclamation Fund: A Primer, by Charles V. Stern.
46 The Central Utah Project moves water from the Colorado River basin in eastern Utah to the western slopes of the Wasatch Mountain range. It was authorized in 1956 under the Colorado River Storage Project Act (P.L. 84-485). For more information, see the CUP website at https://www.cupcao.gov/.
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Table 5. Bureau of Reclamation and CUP
(budget authority in millions of current dollars)6.
Table 6. Bureau of Reclamation and CUP
(budget authority in millions of current dollars)
FY2021
Sen.
Comm.
FY2017
FY2018
FY2019
FY2020
FY2020FY2021
FY2021
FY2021Major.
Program
Approp
Approp
Approp Request Approp Request
House
Draft
Water and Related
Water and Related
1,155.9
1,155.9
1,332.1
1,332.1
1,392.0
1,392.0
962.0
1,512.2 1,512.2
979.0
979.0
1,487.0
1,487.0
1,521.1
Resources
Resources
Policy and Administration
Policy and Administration
59.0
59.0
59.0
59.0
61.0
61.0
60.0
60.0
60.0
60.0
6054.0 .0
5460.0 .0
CVP Restoration Fund
CVP Restoration Fund
55.6
55.6
41.4
41.4
62.0
62.0
54.
54.
9
54.88
55.9
55.9
55.9
55.9
55.9
(CVPRF)
(CVPRF)
Calif. Bay-Delta (CALFED)
Calif. Bay-Delta (CALFED)
36.0
36.0
37.0
37.0
35.0
35.0
33.0
33.0
33.0
33.0
33.0
33.0
33.0
33.0
Gross Current
1,306.5
1,469.5
1,550.0
1,109.9
1,660.0
1,127.9
1,629.9
1,670.0
Reclamation Authority
Central Utah Project
Central Utah Project
10.5
10.5
10.5
10.5
15.0
15.0
10.0
20.0 20.0
10.0
10.0
25.0
25.0
20.0
(CUP) Completion
58 The Water and Related Resources Account is largely funded by the Reclamation Fund, which receives and distributes receipts related to a number of federal activities (including royalties received from oil and gas leasing on federal lands). For more on this fund and financing of selected Reclamation Projects, see CRS Report R41844, The Reclamation Fund: A Primer, by Charles V. Stern.
59 The Central Utah Project moves water from the Colorado River basin in eastern Utah to the western slopes of the Wasatch Mountain range. It was authorized in 1956 under the Colorado River Storage Project Act (P.L. 84-485). For more information, see the CUP website at https://www.cupcao.gov/.
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FY2021
Sen.
Comm.
FY2017
FY2018
FY2019
FY2020
FY2021
FY2021
Major.
Program
Approp
Approp
Approp Approp Request
House
Draft
(CUP) Completion
Total, Title II Current
1,317.0
1,480.0
1,565.0
1,119.9680.0
1,680.0137.9
1,137654.9
1,690.0 .9
1,654.9
Authority (CUP and
Reclamation)
FY2021 Emergency
FY2021 Emergency
3,000.0
Supplemental
Total with
Supplemental
Total with
4,654.9
Supplemental
Sources: FY2021 Senate Appropriations Committee majority draft; H.R. 7617, H.Rept. 116-449; President’s Budget, FY2021; Explanatory Statement for Division C of H.R. H.R. 7617, H.Rept. 116-449; President’s Budget, FY2021; Explanatory Statement for Division C of H.R.
1865, 116th Congress; S.Rept. 116-102;1865, 116th Congress; S.Rept. 116-102;
H.R. 2740; CBO Current Status Report; H.Rept. 116-83;H.R. 2740; CBO Current Status Report; H.Rept. 116-83;
FY2020 Budget FY2020 Budget
Justifications;Justifications;
H.Rept. 115-929; S.Rept. 115-258; S.Rept. 115-132; H.Rept. 115-230; and P.L. 115-31 and H.Rept. 115-929; S.Rept. 115-258; S.Rept. 115-132; H.Rept. 115-230; and P.L. 115-31 and
explanatory statement. Excludes offsets and permanent appropriations. explanatory statement. Excludes offsets and permanent appropriations.
Notes: Columns may not sum to totals because of rounding. CVP = Central Valley Project. Columns may not sum to totals because of rounding. CVP = Central Valley Project.
Department of Energy
The Energy and Water Development appropriations bill has funded all DOE programs since The Energy and Water Development appropriations bill has funded all DOE programs since
FY2005. Major DOE activities include (1) R&D on renewable energy, energy efficiency, nuclear FY2005. Major DOE activities include (1) R&D on renewable energy, energy efficiency, nuclear
power, fossil energy, and electricity; (2) the Strategic Petroleum Reserve; (3) energy statistics; (4) power, fossil energy, and electricity; (2) the Strategic Petroleum Reserve; (3) energy statistics; (4)
general science; (5) environmental cleanup; and (6) nuclear weapons and nonproliferation general science; (5) environmental cleanup; and (6) nuclear weapons and nonproliferation
programs.programs.
Table 67 provides the recent funding history for DOE programs, which are briefly provides the recent funding history for DOE programs, which are briefly
described further below. described further below.
Table 67. Department of Energy
(budget authority in millions of current dollars)
(budget authority in millions of current dollars)
FY2021
Sen.
Comm.
FY2017
FY2018
FY2019
FY2020
FY2020FY2021
FY2021
FY2021Major.
Approp. Approp. Approp. Request Approp. Request
House
Draft
ENERGY PROGRAMS
Energy Efficiency and
Energy Efficiency and
2,034.6
2,034.6
2,321.8
2,321.8
2,379.0
2,379.0
343.0
2,799.0 2,799.0
719.6
719.6
2,850.2
2,850.2
2,848.0
Renewable Energy Renewable Energy
Electricity Delivery and
Electricity Delivery and
229.6
229.6
248.3
248.3
Energy Reliabili
Energy Reliabili
tya
Electricity Delivery
Electricity Delivery
156.0
156.0
182.5
190.0
195.0
195.0
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FY2017
FY2018
FY2019
FY2020
FY2020
FY2021
FY2021
Approp. Approp. Approp. Request Approp. Request
House 190.0
195.0
195.0
223.0
Cybersecurity, Energy
Cybersecurity, Energy
120.0
120.0
156.
156.
5
156.0 0
184.6
184.6
165.0
165.0
156.0
Security, and Emerg. Resp.
Security, and Emerg. Resp.
Nuclear Energy
Nuclear Energy
1,015.8
1,015.8
1,205.1
1,205.1
1,326.1
1,326.1
824.0
1,493.1,493.
4b
1,179.
1,179.
9c
1,435.8
1,435.8
1,505.3
Fossil Energy R&D
Fossil Energy R&D
421.2
421.2
726.8
726.8
740
740
.0
562.0 .0
750.0
750.0
730.6
730.6
735
735
.0
750.0 .0
Uranium Reserve
Uranium Reserve
150.0
150.0
0
0
120.0
Naval Petroleum and Oil Naval Petroleum and Oil
12.0
12.0
4.9
4.9
10.0
10.0
14.0
13.0 14.0
14.0
13.0
13.0
Shale Reserves
13.0
13.0
Shale Reserves
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Energy and Water Development: FY2021 Appropriations
FY2021
Sen.
Comm.
FY2017
FY2018
FY2019
FY2020
FY2021
FY2021
Major.
Approp. Approp. Approp. Approp. Request
House
Draft
Strategic Petroleum
Strategic Petroleum
222.6
222.6
260.4
260.4
245.0
245.0
105.0
205.0
205.0
119.1
119.1
202.5
202.5
188.1
Reserve Reserve
Northeast Home Heating
Northeast Home Heating
6.5
6.5
6.5
6.5
10.0
10.0
-90.0
10.0
10.0
-84.0
-84.0
10.0
10.0
10.0
Oil Reserve
Oil Reserve
Energy Information
Energy Information
122.0
122.0
125.0
125.0
125
125
.0
118.0 .0
126.8
126.8
128.7
128.7
126.8
126.8
126.8
Administration
Administration
Non-Defense
Non-Defense
246.8
246.8
298.4
298.4
310.0
310.0
247.5
319.2 319.2
275.8
275.8
315.0
315.0
326.0
Environmental Cleanup
Environmental Cleanup
Uranium Enrichment
Uranium Enrichment
767.9
767.9
840.0
840.0
841.1
841.1
715.1
881.0 881.0
806.2
806.2
821.6
821.6
848.0
Decontamination and
Decontamination and
Decommissioning Fund Decommissioning Fund
Science
Science
5,391.0
5,391.0
6,259.9
6,259.9
6,585.0
6,585.0
5,546.0
7,000.0 7,000.0
5,837.8
5,837.8
7,055.0
7,055.0
7,026.0
AI Technology Office
AI Technology Office
4.9
4.9
0
0
0
Advanced Research Advanced Research
305.3
305.3
353.3
353.3
366.0
366.0
-287.0
425.0 425.0
-310.7
-310.7
435.0
435.0
430.0
Projects Agency—Energy Projects Agency—Energy
(ARPA-E) (ARPA-E)
Nuclear Waste Disposal
Nuclear Waste Disposal
0
0
0
0
0
0
90.0 0
027.5
27.5
27.5
27.50
Departmental Admin.
Departmental Admin.
120.7
120.7
189.7
189.7
165.9
165.9
117.6
161.0 161.0
136.1
136.1
137.9
137.9
161.0
(net) (net)
Office of Inspector
Office of Inspector
44.4
44.4
49.0
49.0
51.3
51.3
54.2
54.2
54.257.7
57.7
57.7
57.7
57.7
General
General
International Affairs
International Affairs
0
0
36.1
0
33.0
33.0
0 0
0
0
Office of Indian Energy
Office of Indian Energy
0
0
0
0
18.0
18.0
822.0 .0
228.0 .0
8.022.3
22.
22.
30
Advanced Technology
Advanced Technology
3.9
3.9
5.0
5.0
5.0
5.0
5.0 0
5.0 0
5.0 0
5.0
5.0
Vehicles Manufacturing
Vehicles Manufacturing
Loans Loans
Title 17 Loan Guarantee
Title 17 Loan Guarantee
0.1
0.1
23.0
23.0
18.0
18.0
-384.7
29.0 29.0
-384.7
-384.7
29.0
29.0
29.0
Tribal Indian Energy Loan Tribal Indian Energy Loan
9.0
9.0
1.0
1.0
1.0
1.0
2.0
-8.5 -8.5
2.0
2.0
-8.5
2.0 2.0
Guarantee
Guarantee
TOTAL, ENERGY
10,953.3 12,918.0 13,472.4
8,349.3 14,633.6
9,819.7 14,641.3
PROGRAMS
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FY2017
FY2018
FY2019
FY2020
FY2020
FY2021
FY2021
Approp. Approp. Approp. Request Approp. Request
House 14,633.6
9,819.7 14,641.3 14,846.9
PROGRAMS
DEFENSE
ACTIVITIES
National Nuclear
Security
Administration
(NNSA)
Weapons Activities
Weapons Activities
9,240.7
9,240.7
10,642.1
10,642.1
11,100.0
11,100.0
12,
12,
408.6
12,457.1 15,602.0 457.1 15,602.0
13,659.6
13,659.6
15,602.0
Nuclear Nonproliferation Nuclear Nonproliferation
1,879.7
1,879.7
1,999.2
1,999.2
1,930.0
1,930.0
1,993.3
2,164.4
2,164.4
2,031.0
2,031.0
2,240.0
2,240.0
2,095.0
Naval Reactors
Naval Reactors
1,419.8
1,419.8
1,620.0
1,620.0
1,788.6
1,788.6
1,648.4 1,648.4
1,648.4
1,684.0
1,684.0
1,684.0
1,684.0
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link to page 33 Energy and Water Development: FY2021 Appropriations
FY2021
Sen.
Comm.
FY2017
FY2018
FY2019
FY2020
FY2021
FY2021
Major.
Approp. Approp. Approp. Approp. Request
House
Draft1,684.0
Office of Admin./Salaries
Office of Admin./Salaries
387.4
387.4
407.6
407.6
410.0
410.0
434.7
434.7
434.7
454.0
454.0
454.0
454.0
443.2
and Expenses
and Expenses
Total, NNSA
12,927.6 14,669.0 15,228.6 16,485.0 16,704.6 19,771.0 18,037.6 19,824.2
Defense Environmental
Defense Environmental
5,404.2
5,404.2
5,988.0
5,988.0
6,024.0
6,024.0
5,506.5
6,255.0
6,255.0
4,983.6
4,983.6
6,321
6,321
.0
6,360.0 .0
Cleanup
Cleanup
Defense Uranium
Defense Uranium
821.6
821.6
Enrichment D&D
Enrichment D&D
Other Defense Activities
Other Defense Activities
781.7
781.7
840.0
840.0
860.3
860.3
1,035.3b
906.0
906.0
1,054.
1,054.
7b
942.3
942.3
906.0
Defense Nuclear Waste Defense Nuclear Waste
0
0
0
0
0
0
26.0
0
0
0
0
0
0
0
Disposal Disposal
TOTAL, DEFENSE
19,113.6 21,497.0 22,112.9 23,052.8 23,865.6 25,809.3 26,122.5 27,090.2
ACTIVITIES
POWER MARKETING
ADMINISTRATION
(PMAs)
Southwestern
Southwestern
11.1
11.1
11.4
11.4
10.4
10.4
10.4
10.4
10.4
10.4
10.4
10.4
10.410.4
Western
Western
94.7
94.7
93.4
93.4
89.4
89.4
89.2
89.2
89.
89.
24
89.4
89.4
89.4 89.4
Falcon and Amistad O&M
Falcon and Amistad O&M
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
Colorado River Basins
Colorado River Basins
-23.0
-23.0
-
Power Marketing Fund
Power Marketing Fund
TOTAL, PMAs
83.0
105.0
100.0
99.8
99.8100.0
100.0
100.0
General provisions
General provisions
-62.7
-62.7
-12.7
-12.7
-607.0
2.0
DOE total
30,149.9 34,569.1 35,708.9 32,197.8 38,657.2 35,729.1732.2 40,863.8 42,041.4
appropriations
Offsets and adjustments
Offsets and adjustments
-62.7
-62.7
-49.0
-49.0
-23.6
-23.6
-
-
69570.9 .9
-
-
70.9610.2
—
—
-871
-2.2 .2
Total, DOE
30,087.2 34,520.1 35,685.3 31,501.9 38,586.3 35,729.1 39,992.6122.1 40,863.8 42,039.1
FY2021 Emergency
FY2021 Emergency
24,050.0
Supplemental Supplemental
Total with
64,042.6 64,913.8
Supplemental
Sources: FY2021 Senate Appropriations Committee majority draft; H.R. 7617; H.Rept. 116-449; President’s Budget, FY2021; Explanatory Statement for Division C of H.R. H.R. 7617; H.Rept. 116-449; President’s Budget, FY2021; Explanatory Statement for Division C of H.R.
1865, 116th Congress;1865, 116th Congress;
S.Rept. 116-102;S.Rept. 116-102;
H.R. 2740; CBO Current Status Report;H.R. 2740; CBO Current Status Report;
H.Rept. 116-83;H.Rept. 116-83;
H.Rept. 115-H.Rept. 115-
929; S.Rept. 115-258; S.Rept. 115-132; H.Rept. 115-230; and P.L. 115-31 and explanatory statement. 929; S.Rept. 115-258; S.Rept. 115-132; H.Rept. 115-230; and P.L. 115-31 and explanatory statement.
Notes: Columns may not sum to totals because of rounding. AI = Artificial Intelligence. Columns may not sum to totals because of rounding. AI = Artificial Intelligence.
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a. The Office of Electric Delivery and Energy Reliability was split in FY2019 into the Office of Electricity a. The Office of Electric Delivery and Energy Reliability was split in FY2019 into the Office of Electricity
Delivery and the Office of Cybersecurity, Energy Security, and Emergency Response.
Delivery and the Office of Cybersecurity, Energy Security, and Emergency Response.
b. Includes defense budget function funding of $153.4 mil ion in FY2020 and $137.8 mil ion.
b. Includes defense budget function funding of $153.4 mil ion in FY2020 and $137.8 mil ion.
c. Includes $141 mil ion for the Formerly Utilized Sites Remedial Action Program that is currently managed by c. Includes $141 mil ion for the Formerly Utilized Sites Remedial Action Program that is currently managed by
USACE.
USACE.
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Energy Efficiency and Renewable Energy
DOE’s Office of Energy Efficiency and Renewable Energy (EERE) conducts research and
DOE’s Office of Energy Efficiency and Renewable Energy (EERE) conducts research and
development on transportation energy technology, energy efficiency in buildings and development on transportation energy technology, energy efficiency in buildings and
manufacturing processes, and the production of solar, wind, geothermal, and other renewable manufacturing processes, and the production of solar, wind, geothermal, and other renewable
energy. EERE also administers formula grants to states for making energy efficiency energy. EERE also administers formula grants to states for making energy efficiency
improvements to low-income housing units and for state energy planning. improvements to low-income housing units and for state energy planning.
The Sustainable Transportation program area includes electric vehicles, vehicle efficiency, and
The Sustainable Transportation program area includes electric vehicles, vehicle efficiency, and
alternative fuels. DOE’s electric vehicle program aims to “reduce the cost of electric vehicle alternative fuels. DOE’s electric vehicle program aims to “reduce the cost of electric vehicle
batteries by more than half, to less than $100/kWh [kilowatt-hour] (ultimate goal is $80/kWh), batteries by more than half, to less than $100/kWh [kilowatt-hour] (ultimate goal is $80/kWh),
increase range to 300 miles, and decrease charge time to 15 minutes or less.” DOE’s vehicle fuel increase range to 300 miles, and decrease charge time to 15 minutes or less.” DOE’s vehicle fuel
cell program is focusing on the costs of fuel cells and hydrogen to fuel them. According to the cell program is focusing on the costs of fuel cells and hydrogen to fuel them. According to the
FY2021 budget request, “Investments in fuel cell technologies will increase the emphasis on FY2021 budget request, “Investments in fuel cell technologies will increase the emphasis on
heavy-duty vehicles and new applications (e.g.heavy-duty vehicles and new applications (e.g.
, trucks, marine, rail, aviation, data centers).” trucks, marine, rail, aviation, data centers).”
Regarding biofuels R&D, the DOE request says, “By 2030, the U.S. has the potential to produce Regarding biofuels R&D, the DOE request says, “By 2030, the U.S. has the potential to produce
1 billion dry tons of non-food biomass resources without disrupting agricultural markets for food 1 billion dry tons of non-food biomass resources without disrupting agricultural markets for food
and animal feed.”and animal feed.”
4760
Renewable power programs focus on electricity generation from solar, wind, water, and
Renewable power programs focus on electricity generation from solar, wind, water, and
geothermal sources. The solar energy program has a goal of achieving, by 2030, costs of 3 cents geothermal sources. The solar energy program has a goal of achieving, by 2030, costs of 3 cents
per kWh for unsubsidized, utility-scale photovoltaics (PV) and 5 cents/kWh for baseload per kWh for unsubsidized, utility-scale photovoltaics (PV) and 5 cents/kWh for baseload
concentrating solar power (CSP) systems. This would require cost reductions of 40%-65% below concentrating solar power (CSP) systems. This would require cost reductions of 40%-65% below
DOE’s 2018 benchmarks. Wind R&D is to focus on early-stage research and testing to reduce DOE’s 2018 benchmarks. Wind R&D is to focus on early-stage research and testing to reduce
costs and improve performance and reliability. For the geothermal program, DOE is requesting costs and improve performance and reliability. For the geothermal program, DOE is requesting
funding in FY2021 to “support two new subsurface enhancement and sustainability efforts”: one funding in FY2021 to “support two new subsurface enhancement and sustainability efforts”: one
on well technology to isolate geothermal target zones, and the other on assessing reservoir on well technology to isolate geothermal target zones, and the other on assessing reservoir
properties for enhanced geothermal systems.properties for enhanced geothermal systems.
4861
In the energy efficiency program area, the advanced manufacturing program focuses on
In the energy efficiency program area, the advanced manufacturing program focuses on
improving the energy efficiency of manufacturing processes and on the manufacturing of energy-improving the energy efficiency of manufacturing processes and on the manufacturing of energy-
related products. The building technologies program includes R&D on lighting, space related products. The building technologies program includes R&D on lighting, space
conditioning, windows, and control technologies to reduce building energy-use intensity. The conditioning, windows, and control technologies to reduce building energy-use intensity. The
energy efficiency program also provides weatherization grants to states for improving the energy energy efficiency program also provides weatherization grants to states for improving the energy
efficiency of low-income housing units and state energy planning grants.efficiency of low-income housing units and state energy planning grants.
4962
For more details, see CRS Report R44980,
For more details, see CRS Report R44980,
DOE’s Office of Energy Efficiency and Renewable
Energy (EERE): Appropriations Status, by Corrie E. Clark. , by Corrie E. Clark.
Electricity Delivery, Cybersecurity, Energy Security, and Energy Reliability
The Office of Cybersecurity, Energy Security, and Emergency Response (CESER) was created from programs that were previously part of the Office of Electricity Delivery and Energy Reliability. The programs that were not moved into CESER became part of the DOE Office of Electricity (OE).63
60
47 DOE, DOE,
FY2021 Congressional Budget Justification, vol. 3, part 1, p. 12, https://www.energy.gov/sites/prod/files/2020/, vol. 3, part 1, p. 12, https://www.energy.gov/sites/prod/files/2020/
04/f73/doe-fy2021-budget-volume-3-part-1.pdf. 04/f73/doe-fy2021-budget-volume-3-part-1.pdf.
4861 Ibid., p. 13. Ibid., p. 13.
4962 Ibid., p. 14. 63 DOE, “Secretary of Energy Rick Perry Forms New Office of Cybersecurity, Energy Security, and Emergency
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Ibid., p. 14.
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Electricity Delivery, Cybersecurity, Energy Security, and Energy Reliability
The Office of Cybersecurity, Energy Security, and Emergency Response (CESER) was created from programs that were previously part of the Office of Electricity Delivery and Energy Reliability. The programs that were not moved into CESER became part of the DOE Office of Electricity (OE).50
OE’s mission is to lead DOE efforts “to strengthen, transform, and improve energy infrastructure
OE’s mission is to lead DOE efforts “to strengthen, transform, and improve energy infrastructure
so that consumers have access to secure and resilient sources of energy.” Major priorities of OE so that consumers have access to secure and resilient sources of energy.” Major priorities of OE
are developing a model of North American energy vulnerabilities, pursuing megawatt-scale are developing a model of North American energy vulnerabilities, pursuing megawatt-scale
electricity storage, integrating electric power system sensing technology, and analyzing electricity storage, integrating electric power system sensing technology, and analyzing
electricity-related policy issues.electricity-related policy issues.
5164 The office also includes the DOE power marketing The office also includes the DOE power marketing
administrations, which are funded from separate appropriations accounts. administrations, which are funded from separate appropriations accounts.
CESER is the federal government’s lead entity for energy sector-specific responses to energy
CESER is the federal government’s lead entity for energy sector-specific responses to energy
security emergencies—whether caused by physical infrastructure problems or by cybersecurity security emergencies—whether caused by physical infrastructure problems or by cybersecurity
issues. The office conducts R&D on energy infrastructure security technology; provides energy issues. The office conducts R&D on energy infrastructure security technology; provides energy
sector security guidelines, training, and technical assistance; and enhances energy sector sector security guidelines, training, and technical assistance; and enhances energy sector
emergency preparedness and response.emergency preparedness and response.
5265
DOE’s Multiyear Plan for Energy Sector Cybersecurity describes the department’s strategy to
DOE’s Multiyear Plan for Energy Sector Cybersecurity describes the department’s strategy to
“strengthen today’s energy delivery systems by working with our partners to address growing “strengthen today’s energy delivery systems by working with our partners to address growing
threats and promote continuous improvement, and develop game-changing solutions that will threats and promote continuous improvement, and develop game-changing solutions that will
create inherently secure, resilient, and self-defending energy systems for tomorrow.”create inherently secure, resilient, and self-defending energy systems for tomorrow.”
5366 The plan The plan
includes three goals that DOE has established for energy sector cybersecurity: includes three goals that DOE has established for energy sector cybersecurity:
strengthen energy sector cybersecurity preparedness;
strengthen energy sector cybersecurity preparedness;
coordinate cyber incident response and recovery; and coordinate cyber incident response and recovery; and
accelerate research, development, and demonstration (RD&D) of resilient energy accelerate research, development, and demonstration (RD&D) of resilient energy
delivery systems.
delivery systems.
Nuclear Energy
DOE’s Office of Nuclear Energy (NE) “focuses on three major mission areas: the nation’s
DOE’s Office of Nuclear Energy (NE) “focuses on three major mission areas: the nation’s
existing nuclear fleet, the development of advanced nuclear reactor concepts, and fuel cycle existing nuclear fleet, the development of advanced nuclear reactor concepts, and fuel cycle
technologies,” according to DOE’s FY2021 budget justification. It calls nuclear energy “a key technologies,” according to DOE’s FY2021 budget justification. It calls nuclear energy “a key
element of United States energy independence, energy dominance, electricity grid resiliency, element of United States energy independence, energy dominance, electricity grid resiliency,
national security, and clean baseload power.”national security, and clean baseload power.”
5467
The Reactor Concepts program area includes research on advanced reactors, including advanced
The Reactor Concepts program area includes research on advanced reactors, including advanced
small modular reactors, and research to enhance the “sustainability” of existing commercial light small modular reactors, and research to enhance the “sustainability” of existing commercial light
water reactors. Advanced reactor research focuses on “Generation IV” reactors, as opposed to the water reactors. Advanced reactor research focuses on “Generation IV” reactors, as opposed to the
50 DOE, “Secretary of Energy Rick Perry Forms New Office of Cybersecurity, Energy Security, and Emergency existing fleet of commercial light water reactors, which are generally classified as generations II and III. R&D under this program focuses on advanced coolants, fuels, materials, and other technology areas that could apply to a variety of advanced reactors. To help develop those technologies, the Reactor Concepts program is developing a Versatile Test Reactor that would allow fuels and materials to be tested in a fast neutron environment (in which neutrons would not be slowed by water, graphite, or other “moderators”). Research on extending the life of existing commercial light water reactors (moderated and cooled by ordinary water) beyond 60 years, the
Response,” press release, February 14, 2018, https://www.energy.gov/articles/secretary-energy-rick-perry-forms-new-Response,” press release, February 14, 2018, https://www.energy.gov/articles/secretary-energy-rick-perry-forms-new-
office-cybersecurity-energy-security-and-emergency. office-cybersecurity-energy-security-and-emergency.
5164 DOE, DOE,
FY 2021 Congressional Budget Justification, vol. 3, part 1, February 2020, p. 262, https://www.energy.gov/, vol. 3, part 1, February 2020, p. 262, https://www.energy.gov/
sites/prod/files/2020/04/f73/doe-fy2021-budget-volume-3-part-1.pdf. sites/prod/files/2020/04/f73/doe-fy2021-budget-volume-3-part-1.pdf.
5265 Ibid., p. 317. Ibid., p. 317.
5366 DOE, DOE,
Multiyear Plan for Energy Sector Cybersecurity, March 2018, p. 5, https://www.energy.gov/sites/prod/files/, March 2018, p. 5, https://www.energy.gov/sites/prod/files/
2018/05/f51/DOE%20Multiyear%20Plan%20for%20Energy%20Sector%20Cybersecurity%20_0.pdf. 2018/05/f51/DOE%20Multiyear%20Plan%20for%20Energy%20Sector%20Cybersecurity%20_0.pdf.
5467 DOE, DOE,
FY 2021 Congressional Budget Justification, vol. 3, part 2, February 2020, p. 9, https://www.energy.gov/sites/, vol. 3, part 2, February 2020, p. 9, https://www.energy.gov/sites/
prod/files/2020/04/f73/doe-fy2021-budget-volume-3-part-2.pdf. prod/files/2020/04/f73/doe-fy2021-budget-volume-3-part-2.pdf.
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existing fleet of commercial light water reactors, which are generally classified as generations II and III. R&D under this program focuses on advanced coolants, fuels, materials, and other technology areas that could apply to a variety of advanced reactors. To help develop those technologies, the Reactor Concepts program is developing a Versatile Test Reactor that would allow fuels and materials to be tested in a fast neutron environment (in which neutrons would not be slowed by water, graphite, or other “moderators”). Research on extending the life of existing commercial light water reactors (moderated and cooled by ordinary water) beyond 60 years, the maximum operating period currently licensed by NRC, is being conducted by this program with maximum operating period currently licensed by NRC, is being conducted by this program with
industry cost-sharing. industry cost-sharing.
The Fuel Cycle Research and Development program includes generic research on nuclear waste
The Fuel Cycle Research and Development program includes generic research on nuclear waste
management and disposal. One of the program’s primary activities is the development of management and disposal. One of the program’s primary activities is the development of
technologies to separate the radioactive constituents of spent fuel for reuse or solidifying into technologies to separate the radioactive constituents of spent fuel for reuse or solidifying into
stable waste forms. Other major research areas in the Fuel Cycle R&D program include the stable waste forms. Other major research areas in the Fuel Cycle R&D program include the
development of accident-tolerant fuels for existing commercial reactors, evaluation of fuel cycle development of accident-tolerant fuels for existing commercial reactors, evaluation of fuel cycle
options, and development of improved technologies to prevent diversion of nuclear materials for options, and development of improved technologies to prevent diversion of nuclear materials for
weapons. The program is also developing sources of high-assay low enriched uranium (HALEU), weapons. The program is also developing sources of high-assay low enriched uranium (HALEU),
in which uranium is enriched to between 5% and 20% in the fissile isotope U-235, for potential in which uranium is enriched to between 5% and 20% in the fissile isotope U-235, for potential
use in advanced reactors. use in advanced reactors.
A new Advanced Reactors Demonstration Program was included in the Explanatory Statement for
A new Advanced Reactors Demonstration Program was included in the Explanatory Statement for
the enacted FY2020 appropriations measure. The program is to provide up to 50% cost sharing the enacted FY2020 appropriations measure. The program is to provide up to 50% cost sharing
for two nuclear reactor demonstration projects, up to 20% cost sharing for development work for for two nuclear reactor demonstration projects, up to 20% cost sharing for development work for
two to five additional demonstrations, and funding for related advanced reactor two to five additional demonstrations, and funding for related advanced reactor
commercialization activities. For more information, see CRS Report R45706, commercialization activities. For more information, see CRS Report R45706,
Advanced Nuclear
Reactors: Technology Overview and Current Issues, by Danielle A. Arostegui and Mark Holt. , by Danielle A. Arostegui and Mark Holt.
Fossil Energy Research and Development
Much of DOE’s Fossil Energy R&D Program focuses on technologies for use by coal-fired power
Much of DOE’s Fossil Energy R&D Program focuses on technologies for use by coal-fired power
plants. Major activities include Advanced Coal Energy Systems and Carbon Capture, Utilization, plants. Major activities include Advanced Coal Energy Systems and Carbon Capture, Utilization,
and Storage (CCUS); Natural Gas Technologies; and Unconventional Fossil Energy Technologies and Storage (CCUS); Natural Gas Technologies; and Unconventional Fossil Energy Technologies
from Petroleum—Oil Technologies. from Petroleum—Oil Technologies.
Advanced Coal Energy Systems includes R&D on modular coal-gasification systems, advanced
Advanced Coal Energy Systems includes R&D on modular coal-gasification systems, advanced
turbines, solid oxide fuel cells, advanced sensors and controls, and power generation efficiency. turbines, solid oxide fuel cells, advanced sensors and controls, and power generation efficiency.
Elements of the CCUS program include the following:
Elements of the CCUS program include the following:
Carbon Capture subprogram for separating CO2 in both precombustion and
Carbon Capture subprogram for separating CO2 in both precombustion and
postcombustion systems;
postcombustion systems;
Carbon Utilization subprogram for R&D on technologies, including direct air
Carbon Utilization subprogram for R&D on technologies, including direct air
capture, to convert carbon to marketable products, such as chemicals and
capture, to convert carbon to marketable products, such as chemicals and
polymers; and polymers; and
Carbon Storage subprogram on long-term geologic storage of CO2, focusing on
Carbon Storage subprogram on long-term geologic storage of CO2, focusing on
saline formations, oil and natural gas reservoirs, unmineable coal seams, basalts,
saline formations, oil and natural gas reservoirs, unmineable coal seams, basalts,
and organic shales.and organic shales.
55
5568
For more information, see CRS In Focus IF11501, Carbon Capture Versus Direct Air Capture, by Ashley J. Lawson.
Strategic Petroleum Reserve
Authorized in 1975 by the Energy Policy and Conservation Act (P.L. 94-163, as amended; 42 U.S.C. §6201 et seq.), the SPR fulfills two statutory policy objectives: (1) reduce the economic impact of oil supply disruptions, and (2) carry out U.S. obligations under the Agreement on an International Energy Program (IEP)—a multilateral agreement subject to international law.
68 DOE, DOE,
FY 2021 Congressional Budget Justification, vol. 3, part 2, February 2020, p. 195, https://www.energy.gov/, vol. 3, part 2, February 2020, p. 195, https://www.energy.gov/
sites/prod/files/2020/04/f73/doe-fy2021-budget-volume-3-part-2.pdf. sites/prod/files/2020/04/f73/doe-fy2021-budget-volume-3-part-2.pdf.
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For more information, see CRS In Focus IF11501, Carbon Capture Versus Direct Air Capture, by Ashley J. Lawson.
Strategic Petroleum Reserve
The SPR, authorized by the Energy Policy and Conservation Act (P.L. 94-163) in 1975, consists of caverns built within naturally occurring salt domes in Louisiana and Texas. The SPR is the U.S. emergency stockpile of crude oil, providing strategic and economic security against foreign and domestic disruptions in U.S. oil supply. The program fulfills U.S. obligations under the International Energy Program agreement, which avails the United States of International Energy Agency (IEA) assistance through its coordinated energy emergency response plans, and provides a deterrent against energy supply disruptions.
The federal government has not purchased oil for the SPR since 1994, but has acquired oil through exchanges and “royalty-in-kind.” Statute (codified at 42 U.S.C. §6240) identifies the various objectives and procedures for the Secretary of Energy to acquire crude oil for the SPR. The Secretary may acquire petroleum products through purchase or exchange. For purchase, Congress must appropriate funds to the SPR. During an exchange (also sometimes referred to as a loan), an entity borrows SPR crude and later replaces it with a similar quality crude, “plus payment of an in-kind premium determined according to the period negotiated for return.”56
For more information, see CRS Report R46355, The Strategic Petroleum Reserve: Background,
Authorities, and Considerations, by Heather L. Greenley. Currently, the SPR consists of a crude oil reserve and a refined petroleum product reserve. Most SPR stocks consist of crude oil—approximately 635 million barrels as of November 2020—held in government-owned storage facilities located in Texas and Louisiana. The SPR also includes a 1 million barrel refined petroleum product reserve held in leased commercial facilities located in the Northeast region.
Since establishment, SPR crude oil stocks have been used on three occasions in response to emergency oil supply disruptions. More frequently, SPR authorities have been used to exchange crude oil with refiners following natural disasters (i.e., hurricanes) and other regional supply disruption events.69 The northeast gasoline supply reserve (NGSR)—established in 2014—has never been utilized.
With limited utilization in response to emergency oil supply disruptions, growing U.S. crude oil production, and rapidly declining net petroleum imports—one key metric used to determine IEP emergency oil stock obligations—Congress began requiring DOE to draw down and sell SPR crude oil in order to pay for other legislative priorities. Since 2015, Congress has enacted seven laws mandating the sale of 271 million barrels of crude oil. Additionally, Congress has required DOE to sell approximately $1.5 billion of SPR crude oil to pay for an SPR modernization program.70
Science and ARPA-E
The DOE Office of Science conducts basic research in six program areas: advanced scientific
The DOE Office of Science conducts basic research in six program areas: advanced scientific
computing research, basic energy sciences, biological and environmental research, fusion energy computing research, basic energy sciences, biological and environmental research, fusion energy
sciences, high-energy physics, and nuclear physics. According to DOE’s FY2021 budget sciences, high-energy physics, and nuclear physics. According to DOE’s FY2021 budget
justification, the Office of Science “is the Nation’s largest Federal sponsor of basic research in the justification, the Office of Science “is the Nation’s largest Federal sponsor of basic research in the
physical sciences and the lead Federal agency supporting fundamental scientific research for our physical sciences and the lead Federal agency supporting fundamental scientific research for our
Nation’s energy future.”Nation’s energy future.”
5771
DOE’s Advanced Scientific Computing Research (ASCR) program focuses on developing and
DOE’s Advanced Scientific Computing Research (ASCR) program focuses on developing and
maintaining computing and networking capabilities for science and research in applied maintaining computing and networking capabilities for science and research in applied
mathematics, computer science, and advanced networking. The program plays a key role in the mathematics, computer science, and advanced networking. The program plays a key role in the
DOE-wide effort to advance the development of exascale computing, which seeks to build a DOE-wide effort to advance the development of exascale computing, which seeks to build a
computer that can solve scientific problems 1,000 times faster than today’s best machines. DOE computer that can solve scientific problems 1,000 times faster than today’s best machines. DOE
has asserted that the department is on a path to have a capable exascale machine by the early has asserted that the department is on a path to have a capable exascale machine by the early
2020s. 2020s.
Basic Energy Sciences (BES), the largest program area in the Office of Science, focuses on
Basic Energy Sciences (BES), the largest program area in the Office of Science, focuses on
understanding, predicting, and ultimately controlling matter and energy at the electronic, atomic, understanding, predicting, and ultimately controlling matter and energy at the electronic, atomic,
and molecular levels. The program supports research in disciplines such as condensed matter and and molecular levels. The program supports research in disciplines such as condensed matter and
materials physics, chemistry, and geosciences. BES also provides funding for scientific user materials physics, chemistry, and geosciences. BES also provides funding for scientific user
facilities (e.g., the National Synchrotron Light Source II, and the Linac Coherent Light Source-facilities (e.g., the National Synchrotron Light Source II, and the Linac Coherent Light Source-
56 U.S. Department of Energy, Office of Fossil Energy, “Guidance for Requesting Emergency Oil Exchange from the SPR,” https://www.energy.gov/fe/services/petroleum-reserves/strategic-petroleum-reserve/guidance-requesting-emergency-oil.
57II), and certain DOE research centers and hubs (e.g., Energy Frontier Research Centers, as well as the Batteries and Energy Storage and Fuels from Sunlight Energy Innovation Hubs).
69 For additional information about SPR releases, see U.S. Department of Energy, History of SPR Releases, at https://www.energy.gov/fe/services/petroleum-reserves/strategic-petroleum-reserve/releasing-oil-spr, accessed November 12, 2020.
70 For additional information about congressionally-required SPR oil sales, see Strategic Petroleum Reserve: Mandated and Modernization Sales, by Phillip Brown, a congressional distribution memo available to congressional clients by request from the author.
71 DOE, DOE,
FY 2021 Congressional Budget Justification, vol. 4, February 2020, p, 7, https://www.energy.gov/sites/prod/, vol. 4, February 2020, p, 7, https://www.energy.gov/sites/prod/
files/2020/03/f72/doe-fy2021-budget-volume-4_0.pdf. files/2020/03/f72/doe-fy2021-budget-volume-4_0.pdf.
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II), and certain DOE research centers and hubs (e.g., Energy Frontier Research Centers, as well as the Batteries and Energy Storage and Fuels from Sunlight Energy Innovation Hubs).
Biological and Environmental Research (BER) seeks a predictive understanding of complex Biological and Environmental Research (BER) seeks a predictive understanding of complex
biological, climate, and environmental systems across a continuum from the small scale (e.g., biological, climate, and environmental systems across a continuum from the small scale (e.g.,
genomic research) to the large (e.g., Earth systems and climate). Within BER, Biological Systems genomic research) to the large (e.g., Earth systems and climate). Within BER, Biological Systems
Science focuses on plant and microbial systems, while Biological and Environmental Research Science focuses on plant and microbial systems, while Biological and Environmental Research
supports climate-relevant atmospheric and ecosystem modeling and research. BER facilities and supports climate-relevant atmospheric and ecosystem modeling and research. BER facilities and
centers include four Bioenergy Research Centers and the Environmental Molecular Science centers include four Bioenergy Research Centers and the Environmental Molecular Science
Laboratory at Pacific Northwest National Laboratory. Laboratory at Pacific Northwest National Laboratory.
Fusion Energy Sciences (FES) seeks to increase understanding of the behavior of matter at very
Fusion Energy Sciences (FES) seeks to increase understanding of the behavior of matter at very
high temperatures and to establish the science needed to develop a fusion energy source. FES high temperatures and to establish the science needed to develop a fusion energy source. FES
provides funding for the International Thermonuclear Experimental Reactor (ITER) project, a provides funding for the International Thermonuclear Experimental Reactor (ITER) project, a
multinational effort to design and build an experimental fusion reactor. multinational effort to design and build an experimental fusion reactor.
The High Energy Physics (HEP) program conducts research on the fundamental constituents of
The High Energy Physics (HEP) program conducts research on the fundamental constituents of
matter and energy, including studies of dark energy and the search for dark matter. Nuclear matter and energy, including studies of dark energy and the search for dark matter. Nuclear
Physics supports research on the nature of matter, including its basic constituents and their Physics supports research on the nature of matter, including its basic constituents and their
interactions. A major project in the Nuclear Physics program is the construction of the Facility for interactions. A major project in the Nuclear Physics program is the construction of the Facility for
Rare Isotope Beams at Michigan State University. Rare Isotope Beams at Michigan State University.
Two significant research efforts in the Office of Science cut across multiple program areas:
Two significant research efforts in the Office of Science cut across multiple program areas:
quantum information science, which aims to use quantum physics to process information, and quantum information science, which aims to use quantum physics to process information, and
artificial intelligence and machine learning, which use computerized systems that work and react artificial intelligence and machine learning, which use computerized systems that work and react
in ways commonly thought to require intelligence. in ways commonly thought to require intelligence.
A separate DOE office, the Advanced Research Projects Agency—Energy, was authorized by the
A separate DOE office, the Advanced Research Projects Agency—Energy, was authorized by the
America COMPETES Act (P.L. 110-69) to support transformational energy technology research America COMPETES Act (P.L. 110-69) to support transformational energy technology research
projects. DOE budget documents describe ARPA-E’s mission as overcoming long-term, high-risk projects. DOE budget documents describe ARPA-E’s mission as overcoming long-term, high-risk
technological barriers to the development of energy technologies. technological barriers to the development of energy technologies.
For more details, see CRS Report R46341,
For more details, see CRS Report R46341,
Federal Research and Development (R&D) Funding:
FY2021, coordinated by John F. Sargent Jr. , coordinated by John F. Sargent Jr.
Loan Guarantees and Direct Loans
DOE’s Loan Programs Office provides loan guarantees for projects that deploy innovative energy
DOE’s Loan Programs Office provides loan guarantees for projects that deploy innovative energy
technologies, as authorized by Title 17 of the Energy Policy Act of 2005 (EPACT05, P.L. 109-technologies, as authorized by Title 17 of the Energy Policy Act of 2005 (EPACT05, P.L. 109-
58), direct loans for advanced vehicle manufacturing technologies, and loan guarantees for tribal 58), direct loans for advanced vehicle manufacturing technologies, and loan guarantees for tribal
energy projects. Section 1703 of the EPACT05 authorizes loan guarantees for advanced energy energy projects. Section 1703 of the EPACT05 authorizes loan guarantees for advanced energy
technologies that reduce greenhouse gas emissions, and Section 1705 authorized a temporary technologies that reduce greenhouse gas emissions, and Section 1705 authorized a temporary
program through FY2011 for renewable energy and energy efficiency projects. program through FY2011 for renewable energy and energy efficiency projects.
Title 17 allows DOE to provide loan guarantees for up to 80% of construction costs for eligible
Title 17 allows DOE to provide loan guarantees for up to 80% of construction costs for eligible
energy projects. Successful applicants must pay an up-front fee, or “subsidy cost,” to cover energy projects. Successful applicants must pay an up-front fee, or “subsidy cost,” to cover
potential losses under the loan guarantee program. Under the loan guarantee agreements, the potential losses under the loan guarantee program. Under the loan guarantee agreements, the
federal government would repay all covered loans if the borrower defaulted. Such guarantees federal government would repay all covered loans if the borrower defaulted. Such guarantees
would reduce the risk to lenders and allow them to provide financing at below-market interest would reduce the risk to lenders and allow them to provide financing at below-market interest
rates. rates.
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DOE currently has more than $40 billion in authority available to make direct loans and loan DOE currently has more than $40 billion in authority available to make direct loans and loan
guarantees in the following categories:guarantees in the following categories:
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72 DOE, “Products and Services,” as of April 23, 2020, https://www.energy.gov/lpo/title-xvii/products-services#innovativeenergy.
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Advanced Fossil Energy Projects Loan Guarantees, $8.5 billion;
Advanced Fossil Energy Projects Loan Guarantees, $8.5 billion;
Advanced Nuclear Energy Projects Loan Guarantees, $10.9 billion; Advanced Nuclear Energy Projects Loan Guarantees, $10.9 billion;
Renewable Energy and Efficient Energy Projects Loan Guarantees, up to $4.5 Renewable Energy and Efficient Energy Projects Loan Guarantees, up to $4.5
billion;
billion;
Advanced Technology Vehicles Manufacturing Loan Program, $17.7 billion in
Advanced Technology Vehicles Manufacturing Loan Program, $17.7 billion in
direct loan authority; and
direct loan authority; and
Tribal Energy Loan Guarantee Program, up to $2 billion in partial loan guarantee
Tribal Energy Loan Guarantee Program, up to $2 billion in partial loan guarantee
authority.
authority.
The only loan guarantees under Section 1703 have been $8.3 billion in guarantees provided to the
The only loan guarantees under Section 1703 have been $8.3 billion in guarantees provided to the
consortium building two new nuclear reactors at the Vogtle plant in Georgia. DOE committed an consortium building two new nuclear reactors at the Vogtle plant in Georgia. DOE committed an
additional $3.7 billion in loan guarantees for the Vogtle project on March 22, 2019.additional $3.7 billion in loan guarantees for the Vogtle project on March 22, 2019.
5973 Another Another
nuclear loan guarantee is being sought by NuScale Power to build a small modular reactor in nuclear loan guarantee is being sought by NuScale Power to build a small modular reactor in
Idaho.Idaho.
6074
Nuclear Weapons Activities
In the absence of explosive testing of nuclear weapons, the United States has adopted a science-
In the absence of explosive testing of nuclear weapons, the United States has adopted a science-
based program to maintain and sustain confidence in the reliability of the U.S. nuclear stockpile. based program to maintain and sustain confidence in the reliability of the U.S. nuclear stockpile.
Congress established the Stockpile Stewardship Program in the National Defense Authorization Congress established the Stockpile Stewardship Program in the National Defense Authorization
Act for Fiscal Year 1994 (P.L. 103-160). The goal of the program, as amended by the National Act for Fiscal Year 1994 (P.L. 103-160). The goal of the program, as amended by the National
Defense Authorization Act for Fiscal Year 2010 (P.L. 111-84, §3111), is to ensure “that the Defense Authorization Act for Fiscal Year 2010 (P.L. 111-84, §3111), is to ensure “that the
nuclear weapons stockpile is safe, secure, and reliable without the use of underground nuclear nuclear weapons stockpile is safe, secure, and reliable without the use of underground nuclear
weapons testing.” The program is operated by NNSA, a semiautonomous agency within DOE weapons testing.” The program is operated by NNSA, a semiautonomous agency within DOE
established by the National Defense Authorization Act for Fiscal Year 2000 (P.L. 106-65, Title established by the National Defense Authorization Act for Fiscal Year 2000 (P.L. 106-65, Title
XXXII). NNSA implements the Stockpile Stewardship Program through the activities funded by XXXII). NNSA implements the Stockpile Stewardship Program through the activities funded by
the Weapons Activities account in the NNSA budget. the Weapons Activities account in the NNSA budget.
Most of NNSA’s weapons activities take place at the nuclear weapons complex, which consists of
Most of NNSA’s weapons activities take place at the nuclear weapons complex, which consists of
three laboratories (Los Alamos National Laboratory, NM; Lawrence Livermore National three laboratories (Los Alamos National Laboratory, NM; Lawrence Livermore National
Laboratory, CA; and Sandia National Laboratories, NM and CA); four production sites (Kansas Laboratory, CA; and Sandia National Laboratories, NM and CA); four production sites (Kansas
City National Security Campus, MO; Pantex Plant, TX; Savannah River Site, SC; and Y-12 City National Security Campus, MO; Pantex Plant, TX; Savannah River Site, SC; and Y-12
National Security Complex, TN); and the Nevada National Security Site (formerly the Nevada National Security Complex, TN); and the Nevada National Security Site (formerly the Nevada
Test Site). NNSA manages and sets policy for the weapons complex; contractors to NNSA Test Site). NNSA manages and sets policy for the weapons complex; contractors to NNSA
operate the eight sites. Radiological activities at these sites are subject to oversight and operate the eight sites. Radiological activities at these sites are subject to oversight and
recommendations by the independent Defense Nuclear Facilities Safety Board, funded by Title IV recommendations by the independent Defense Nuclear Facilities Safety Board, funded by Title IV
of the annual Energy and Water Development appropriations bill. of the annual Energy and Water Development appropriations bill.
58 DOE, “Products and Services,” as of April 23, 2020, https://www.energy.gov/lpo/title-xvii/products-services#innovativeenergy.
59
NNSA has reorganized and renamed its program areas in its FY2021 budget request. The four main programs, each with a request of over $2 billion for FY2021, include the following:
Stockpile Management, which contains many of the projects included in Directed
Stockpile Work from previous years, supports work directly on nuclear weapons.
73 DOE, “Secretary Perry Announces Financial Close on Additional Loan Guarantees During Trip to Vogtle Advanced DOE, “Secretary Perry Announces Financial Close on Additional Loan Guarantees During Trip to Vogtle Advanced
Nuclear Energy Project,” news release, March 22, 2019, https://www.energy.gov/articles/secretary-perry-announces-Nuclear Energy Project,” news release, March 22, 2019, https://www.energy.gov/articles/secretary-perry-announces-
financial-close-additional-loan-guarantees-during-trip-vogtle. financial-close-additional-loan-guarantees-during-trip-vogtle.
6074 NuScale Power, “NuScale Power, LLC Submits Part II of DOE Loan Guarantee Application,” news release, NuScale Power, “NuScale Power, LLC Submits Part II of DOE Loan Guarantee Application,” news release,
September 6, 2017, http://newsroom.nuscalepower.com/press-release/nuscale-power-llc-submits-part-ii-doe-loan-September 6, 2017, http://newsroom.nuscalepower.com/press-release/nuscale-power-llc-submits-part-ii-doe-loan-
guarantee-application. More information about DOE loans and loan guarantees is at the Loan Programs Office website, guarantee-application. More information about DOE loans and loan guarantees is at the Loan Programs Office website,
https://www.energy.gov/lpo/loan-programs-officehttps://www.energy.gov/lpo/loan-programs-office
.. .
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NNSA has reorganized and renamed its program areas in its FY2021 budget request. The four main programs, each with a request of over $2 billion for FY2021, include the following:
Stockpile Management, which contains many of the projects included in Directed
Stockpile Work from previous years, supports work directly on nuclear weapons. These include life extension programs, warhead surveillance, maintenance, and These include life extension programs, warhead surveillance, maintenance, and
other activities. other activities.
Stockpile Production programs focus on maintaining and expanding the programs focus on maintaining and expanding the
production capabilities for the components of nuclear weapons that are critical to
production capabilities for the components of nuclear weapons that are critical to
weapons performance. According to NNSA, these include primaries, canned weapons performance. According to NNSA, these include primaries, canned
subassemblies, radiation cases, and non-nuclear components. subassemblies, radiation cases, and non-nuclear components.
Stockpile Research, Technology, and Engineering replaces the Research, replaces the Research,
Development, Test, and Evaluation program area. These programs provide the
Development, Test, and Evaluation program area. These programs provide the
scientific foundation for science-based stockpile decisions. scientific foundation for science-based stockpile decisions.
Infrastructure and Operations maintains, operates, and modernizes the NNSA maintains, operates, and modernizes the NNSA
infrastructure. It supports construction of new facilities and funds deferred
infrastructure. It supports construction of new facilities and funds deferred
maintenance in older facilities. maintenance in older facilities.
Nuclear Weapons Activities also has several smaller programs, including the following:
Nuclear Weapons Activities also has several smaller programs, including the following:
Secure Transportation Asset, providing for safe and secure transport of nuclear providing for safe and secure transport of nuclear
weapons, components, and materials;
weapons, components, and materials;
Defense Nuclear Security, providing operations, maintenance, and construction providing operations, maintenance, and construction
funds for protective forces, physical security systems, personnel security, and
funds for protective forces, physical security systems, personnel security, and
related activities; and related activities; and
Information Technology and Cybersecurity, whose elements include whose elements include
cybersecurity, secure enterprise computing, and Federal Unclassified Information
cybersecurity, secure enterprise computing, and Federal Unclassified Information
Technology. Technology.
For more information, see CRS Report R44442,
For more information, see CRS Report R44442,
Energy and Water Development Appropriations:
Nuclear Weapons Activities, by Amy F. Woolf, and CRS Report R45306, , by Amy F. Woolf, and CRS Report R45306,
The U.S. Nuclear
Weapons Complex: Overview of Department of Energy Sites, by Amy F. Woolf and James D. , by Amy F. Woolf and James D.
Werner. Werner.
Defense Nuclear Nonproliferation
DOE’s nonproliferation and national security programs provide technical capabilities to support
DOE’s nonproliferation and national security programs provide technical capabilities to support
U.S. efforts to prevent, detect, and counter the spread of nuclear weapons worldwide. These U.S. efforts to prevent, detect, and counter the spread of nuclear weapons worldwide. These
programs are administered by NNSA’s Office of Defense Nuclear Nonproliferation (DNN). programs are administered by NNSA’s Office of Defense Nuclear Nonproliferation (DNN).
The Materials Management and Minimization program conducts activities to minimize and,
The Materials Management and Minimization program conducts activities to minimize and,
where possible, eliminate stockpiles of weapons-useable material around the world. Major where possible, eliminate stockpiles of weapons-useable material around the world. Major
activities include conversion of reactors that use highly enriched uranium (useable for weapons) activities include conversion of reactors that use highly enriched uranium (useable for weapons)
to low-enriched uranium, removal and consolidation of nuclear material stockpiles, and to low-enriched uranium, removal and consolidation of nuclear material stockpiles, and
disposition of excess nuclear materials. disposition of excess nuclear materials.
Global Materials Security has three major program elements. International Nuclear Security
Global Materials Security has three major program elements. International Nuclear Security
focuses on increasing the security of vulnerable stockpiles of nuclear material in other countries. focuses on increasing the security of vulnerable stockpiles of nuclear material in other countries.
Radiological Security promotes the worldwide reduction and security of radioactive sources Radiological Security promotes the worldwide reduction and security of radioactive sources
(typically used in medical and industrial devices), including the removal of surplus sources and (typically used in medical and industrial devices), including the removal of surplus sources and
substitution of technologies that do not use radioactive materials. Nuclear Smuggling Detection substitution of technologies that do not use radioactive materials. Nuclear Smuggling Detection
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and Deterrence works to improve the capability of other countries to halt illicit trafficking of and Deterrence works to improve the capability of other countries to halt illicit trafficking of
nuclear materials. nuclear materials.
Nonproliferation and Arms Control works to “to support U.S. nonproliferation and arms control
Nonproliferation and Arms Control works to “to support U.S. nonproliferation and arms control
objectives to prevent proliferation, ensure peaceful nuclear uses, and enable verifiable nuclear objectives to prevent proliferation, ensure peaceful nuclear uses, and enable verifiable nuclear
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reductions,” according to the FY2021 DOE justification.reductions,” according to the FY2021 DOE justification.
6175 This program conducts reviews of This program conducts reviews of
nuclear export applications and technology transfer authorizations, implements treaty obligations, nuclear export applications and technology transfer authorizations, implements treaty obligations,
and analyzes nonproliferation policies and proposals. and analyzes nonproliferation policies and proposals.
National Technical Nuclear Forensics Research and Development (NTNF R&D) is proposed as a
National Technical Nuclear Forensics Research and Development (NTNF R&D) is proposed as a
new NNSA program for FY2021, with the request moving $40 million for NTNF from the new NNSA program for FY2021, with the request moving $40 million for NTNF from the
Nuclear Detonation Detection subprogram under Defense Nuclear Nonproliferation R&D. The Nuclear Detonation Detection subprogram under Defense Nuclear Nonproliferation R&D. The
NTNF operational readiness mission is currently located in the Department of Homeland NTNF operational readiness mission is currently located in the Department of Homeland
Security. The budget request says that the NTNF program would allow NNSA to “take on a more Security. The budget request says that the NTNF program would allow NNSA to “take on a more
active leadership role” in nuclear forensics. Another, existing DNN program, Nuclear active leadership role” in nuclear forensics. Another, existing DNN program, Nuclear
Counterterrorism and Incident Response, carries out activities to “protect our nation and its Counterterrorism and Incident Response, carries out activities to “protect our nation and its
citizens from nuclear terrorism and incidents or accidents involving the release of radiological citizens from nuclear terrorism and incidents or accidents involving the release of radiological
material,” according to the FY2021 budget justification.material,” according to the FY2021 budget justification.
6276 Other DNN programs include R&D Other DNN programs include R&D
and Nonproliferation Construction. and Nonproliferation Construction.
For more information, see CRS Report R44413,
For more information, see CRS Report R44413,
Energy and Water Development Appropriations
for Defense Nuclear Nonproliferation: In Brief, by Mary Beth D. Nikitin. , by Mary Beth D. Nikitin.
Cleanup of Former Nuclear Weapons Production and Research Sites
The development and production of nuclear weapons since the beginning of the Manhattan
The development and production of nuclear weapons since the beginning of the Manhattan
Project63Project77 during World War II resulted in a waste and contamination legacy managed by DOE that during World War II resulted in a waste and contamination legacy managed by DOE that
continues to present substantial challenges. DOE also manages legacy environmental continues to present substantial challenges. DOE also manages legacy environmental
contamination at sites used for nondefense nuclear research. In 1989, DOE established the Office contamination at sites used for nondefense nuclear research. In 1989, DOE established the Office
of Environmental Management primarily to consolidate its responsibilities for the cleanup of of Environmental Management primarily to consolidate its responsibilities for the cleanup of
former nuclear weapons production sites that had been administered under multiple offices.former nuclear weapons production sites that had been administered under multiple offices.
6478
DOE’s nuclear cleanup efforts are broad in scope and include the disposal of large quantities of
DOE’s nuclear cleanup efforts are broad in scope and include the disposal of large quantities of
radioactive and other hazardous wastes generated over decades; management and disposal of radioactive and other hazardous wastes generated over decades; management and disposal of
surplus nuclear materials; remediation of extensive contamination in soil and groundwater; surplus nuclear materials; remediation of extensive contamination in soil and groundwater;
decontamination and decommissioning of excess buildings and facilities; and safeguarding, decontamination and decommissioning of excess buildings and facilities; and safeguarding,
securing, and maintaining facilities while cleanup is underway.securing, and maintaining facilities while cleanup is underway.
6579 DOE’s cleanup of nuclear research sites adds a nondefense component to EM’s mission, albeit smaller in terms of the scope of their cleanup and associated funding.80 DOE’s cleanup of nuclear
6175 DOE, DOE,
FY 2021 Congressional Budget Justification, vol. 1, p. 613, https://www.energy.gov/sites/prod/files/2020/03/, vol. 1, p. 613, https://www.energy.gov/sites/prod/files/2020/03/
f72/doe-fy2021-budget-volume-1_2.pdf. f72/doe-fy2021-budget-volume-1_2.pdf.
6276 Ibid., p. 665. Ibid., p. 665.
6377 As described by the Manhattan Project National Historical Park, “The Manhattan Project was a massive, top secret As described by the Manhattan Project National Historical Park, “The Manhattan Project was a massive, top secret
national mobilization of scientists, engineers, technicians, and military personnel charged with producing a deployable national mobilization of scientists, engineers, technicians, and military personnel charged with producing a deployable
atomic weapon during World War II. Coordinated by the US Army, Manhattan Project activities were located in atomic weapon during World War II. Coordinated by the US Army, Manhattan Project activities were located in
numerous locations across the United States.” The nuclear weapons activities begun by the Manhattan Project are now numerous locations across the United States.” The nuclear weapons activities begun by the Manhattan Project are now
the responsibility of DOE. See National Park Service, Manhattan Project National Historical Park the responsibility of DOE. See National Park Service, Manhattan Project National Historical Park
web sitewebsite, ,
https://www.nps.gov/mapr/learn/historyculture/index.htm. https://www.nps.gov/mapr/learn/historyculture/index.htm.
6478 In 1989, DOE created the Office of Environmental Restoration and Waste Management, which later was renamed the In 1989, DOE created the Office of Environmental Restoration and Waste Management, which later was renamed the
Office of Environmental Management. Office of Environmental Management.
6579 The term “cleanup” often refers to the remediation of risks at a site. Cleanup may not necessarily entail the removal The term “cleanup” often refers to the remediation of risks at a site. Cleanup may not necessarily entail the removal
of all hazards from a site, but in some instances may involve the permanent containment of wastes or contamination to of all hazards from a site, but in some instances may involve the permanent containment of wastes or contamination to
address exposure risks. If residual waste or contamination remains on-site after cleanup is complete, long-term address exposure risks. If residual waste or contamination remains on-site after cleanup is complete, long-term
stewardship may continue to monitor the site and ensure that cleanup measures continue to operate effectively. stewardship may continue to monitor the site and ensure that cleanup measures continue to operate effectively.
80 For additional information on the history, mission, and scope of the Office of Environmental Management, see DOE’s website: http://energy.gov/em/office-environmental-management.
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research sites adds a nondefense component to EM’s mission, albeit smaller in terms of the scope of their cleanup and associated funding.66
DOE has identified more than 100 separate sites in over 30 states that historically were involved DOE has identified more than 100 separate sites in over 30 states that historically were involved
in the production of nuclear weapons and nuclear energy research for civilian purposes.in the production of nuclear weapons and nuclear energy research for civilian purposes.
6781 The The
geographic scope of these sites is substantial, collectively encompassing a land area of geographic scope of these sites is substantial, collectively encompassing a land area of
approximately 2 million acres. Cleanup remedies are in place and operational at the majority of approximately 2 million acres. Cleanup remedies are in place and operational at the majority of
these sites. Responsibility for the long-term stewardship of them has been transferred to the these sites. Responsibility for the long-term stewardship of them has been transferred to the
Office of Legacy Management and other offices within DOE for the operation and maintenance Office of Legacy Management and other offices within DOE for the operation and maintenance
of cleanup remedies and monitoring.of cleanup remedies and monitoring.
6882 Some of the smaller sites for which DOE initially was Some of the smaller sites for which DOE initially was
responsible were transferred to the Army Corps of Engineers in 1997 under the Formerly Utilized responsible were transferred to the Army Corps of Engineers in 1997 under the Formerly Utilized
Sites Remedial Action Program. Once USACE completes the cleanup of a FUSRAP site, it is Sites Remedial Action Program. Once USACE completes the cleanup of a FUSRAP site, it is
transferred back to DOE for long-term stewardship under the Office of Legacy Management, transferred back to DOE for long-term stewardship under the Office of Legacy Management,
which is separate from EM and has its own DOE funding subaccount within Other Defense which is separate from EM and has its own DOE funding subaccount within Other Defense
Activities. Activities.
Three appropriations accounts fund the Office of Environmental Management. The Defense
Three appropriations accounts fund the Office of Environmental Management. The Defense
Environmental Cleanup account is the largest in terms of funding, and it finances the cleanup of Environmental Cleanup account is the largest in terms of funding, and it finances the cleanup of
former nuclear weapons production sites. The Non-Defense Environmental Cleanup account former nuclear weapons production sites. The Non-Defense Environmental Cleanup account
funds the cleanup of federal nuclear energy research sites. Title XI of the Energy Policy Act of funds the cleanup of federal nuclear energy research sites. Title XI of the Energy Policy Act of
1992 (P.L. 102-486) established the Uranium Enrichment Decontamination and 1992 (P.L. 102-486) established the Uranium Enrichment Decontamination and
Decommissioning Fund to pay for the cleanup of three federal facilities that enriched uranium for Decommissioning Fund to pay for the cleanup of three federal facilities that enriched uranium for
national defense and civilian purposes.national defense and civilian purposes.
6983 Those facilities are located near Paducah, KY; Piketon, Those facilities are located near Paducah, KY; Piketon,
OH (Portsmouth plant); and Oak Ridge, TN. DOE declared the cleanup of the Oak Ridge OH (Portsmouth plant); and Oak Ridge, TN. DOE declared the cleanup of the Oak Ridge
enrichment site complete on October 13, 2020.enrichment site complete on October 13, 2020.
7084 Title X of P.L. 102-486 authorized the Title X of P.L. 102-486 authorized the
reimbursement of uranium and thorium producers for their costs of cleaning up contamination reimbursement of uranium and thorium producers for their costs of cleaning up contamination
attributable to uranium and thorium sold to the federal government.attributable to uranium and thorium sold to the federal government.
7185
The adequacy of funding for the Office of Environmental Management to attain cleanup
The adequacy of funding for the Office of Environmental Management to attain cleanup
milestones across the entire site inventory has been a recurring issue. Cleanup milestones are milestones across the entire site inventory has been a recurring issue. Cleanup milestones are
enforceable measures incorporated into compliance agreements negotiated among DOE, the enforceable measures incorporated into compliance agreements negotiated among DOE, the
Environmental Protection Agency, and the states. These milestones establish time frames for the Environmental Protection Agency, and the states. These milestones establish time frames for the
completion of specific actions to satisfy applicable requirements at individual sites. completion of specific actions to satisfy applicable requirements at individual sites.
Power Marketing Administrations
DOE’s four Power Marketing Administrations were established to sell the power generated by
DOE’s four Power Marketing Administrations were established to sell the power generated by
various federal dams. Preference in the sale of power is given to publicly owned and various federal dams. Preference in the sale of power is given to publicly owned and
cooperatively owned utilities. The PMAs operate in 34 states; their assets consist primarily of cooperatively owned utilities. The PMAs operate in 34 states; their assets consist primarily of
transmission infrastructure in the form of more than 33,000 miles of high voltage transmission transmission infrastructure in the form of more than 33,000 miles of high voltage transmission
66 For additional information on the history, mission, and scope of the Office of Environmental Management, see DOE’s website: http://energy.gov/em/office-environmental-management. 67lines and 587 substations. PMA customers are responsible for repaying all power program expenses, plus the interest on capital projects. Since FY2011, power revenues associated with the PMAs have been classified as discretionary offsetting receipts (i.e., receipts that are available for spending by the PMAs), thus the agencies are sometimes noted as having a “net-zero” spending
81 For a list of each active and completed site, see DOE’s Office of Environmental Management website, For a list of each active and completed site, see DOE’s Office of Environmental Management website,
http://energy.gov/em/cleanup-sites. http://energy.gov/em/cleanup-sites.
6882 The Office of Legacy Management administers the long-term stewardship of DOE sites that do not have a continuing The Office of Legacy Management administers the long-term stewardship of DOE sites that do not have a continuing
mission once cleanup remedies are in place. Sites that have a continuing mission are transferred to the DOE offices that mission once cleanup remedies are in place. Sites that have a continuing mission are transferred to the DOE offices that
administer those missions, which are responsible for their long-term stewardship. administer those missions, which are responsible for their long-term stewardship.
6983 42 U.S.C. §2297g. 42 U.S.C. §2297g.
7084 DOE, Office of Environmental Management, “Workers Achieve Historic Cleanup of Uranium Enrichment DOE, Office of Environmental Management, “Workers Achieve Historic Cleanup of Uranium Enrichment
Complex,” news release, October 13, 2020, https://www.energy.gov/em/articles/workers-achieve-historic-cleanup-Complex,” news release, October 13, 2020, https://www.energy.gov/em/articles/workers-achieve-historic-cleanup-
uranium-enrichment-complex. uranium-enrichment-complex.
7185 42 U.S.C. §2296a. 42 U.S.C. §2296a.
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lines and 587 substations. PMA customers are responsible for repaying all power program expenses, plus the interest on capital projects. Since FY2011, power revenues associated with the PMAs have been classified as discretionary offsetting receipts (i.e., receipts that are available for spending by the PMAs), thus the agencies are sometimes noted as having a “net-zero” spending authority. Only the capital expenses of the Western Area Power Administration (WAPA) and authority. Only the capital expenses of the Western Area Power Administration (WAPA) and
Southwestern Power Administration (SWPA) are supported by appropriations from Congress. Southwestern Power Administration (SWPA) are supported by appropriations from Congress.
For more information, see CRS Report R45548,
For more information, see CRS Report R45548,
The Power Marketing Administrations:
Background and Current Issues, by Richard J. Campbell. , by Richard J. Campbell.
Independent Agencies
Independent agencies that receive funding in Title IV of the Energy and Water Development bill Independent agencies that receive funding in Title IV of the Energy and Water Development bill
include the Nuclear Regulatory Commission (NRC), the Appalachian Regional Commission include the Nuclear Regulatory Commission (NRC), the Appalachian Regional Commission
(ARC), and the Defense Nuclear Facilities Safety Board. NRC is by far the largest of the (ARC), and the Defense Nuclear Facilities Safety Board. NRC is by far the largest of the
independent agencies, with a total budget of nearly $900 million. However, as noted in the independent agencies, with a total budget of nearly $900 million. However, as noted in the
description of NRC below, about 90% of NRC’s budget is offset by fees, so that the agency’s net description of NRC below, about 90% of NRC’s budget is offset by fees, so that the agency’s net
appropriation is less than half of the total funding in Title IV. NRC and ARC are discussed in appropriation is less than half of the total funding in Title IV. NRC and ARC are discussed in
more detail below. The recent appropriations history for all the Title IV agencies is shown in more detail below. The recent appropriations history for all the Title IV agencies is shown in
Table 78.
Table 78. Independent Agencies Funded by Energy and Water Development
Appropriations
(budget authority in millions of current dollars)
(budget authority in millions of current dollars)
FY2018
FY2019
FY2020FY2021
Sen.
Comm.
FY2018
FY2019
FY2020
FY2021
FY2021
Program
Approp.Major.
Program
Approp.
RequestApprop.
Approp.
Request
House
Draft
Appalachian Regional Commission
Appalachian Regional Commission
155.0
155.0
165.0
165.0
165175.0 .0
175165.0 .0
165175.0 .0
175180.0 .0
Nuclear Regulatory Commission
Nuclear Regulatory Commission
922.0
911.0
921.1
855.6855.6
863.4
863.4
863.4
(Revenues)
(Revenues)
-790.4
-780.8
-759.6
-728.1728.1
-740.4
-740.4
-740.4
Net NRC (including Inspector General)
Net NRC (including Inspector General)
131.6
131.6
130.1
130.1
161127.5 .5
127.5123.0
123.0
123.0
123.0
123.0
Defense Nuclear Facilities Safety Board
Defense Nuclear Facilities Safety Board
31.0
31.0
31.0
31.0
29.5
31.0 31.0
28.8
28.8
31.0
31.0
31.0
Nuclear Waste Technical Review Board Nuclear Waste Technical Review Board
3.6
3.6
3.6
3.6
3.6
3.6
3.6
3.6
3.6
3.6
3.6
3.6
Denali Commission
Denali Commission
30.0
30.0
15.0
15.0
7.3
15.0 15.0
7.3
7.3
15.0
15.0
15.0
Delta Regional Authority Delta Regional Authority
25.0
25.0
25.0
25.0
2.5
30.0 30.0
2.5
2.5
15.0
15.0
30.0
Northern Border Regional Commission Northern Border Regional Commission
15.0
15.0
20.0
20.0
0.9
25.0 25.0
0.9
0.9
25.0
25.0
30.0
Southeast Crescent Regional Commission Southeast Crescent Regional Commission
0.3
0.3
0.3
0.3
0
0
.3
0
0
.3
0
1.
1.0
0 0
Southwest Border Regional Commission
Southwest Border Regional Commission
0.3
0.3
0
Total
391.5
390.0
370.2
407.3
333.1
388.9
Sources:412.6
Sources: FY2021 Senate Appropriations Committee majority draft; H.R. 7617; H.Rept. 116-449; FY2021 President’s Request; Explanatory Statement for Division C of H.R. 7617; H.Rept. 116-449; FY2021 President’s Request; Explanatory Statement for Division C of
H.R. 1865, 116th Congress;H.R. 1865, 116th Congress;
S.Rept. 116-102; S. 2470;S.Rept. 116-102; S. 2470;
H.R. 2740; CBO Current Status Report; H.Rept. 116-83;H.R. 2740; CBO Current Status Report; H.Rept. 116-83;
H.Rept. 115-929; S.Rept. 115-258; S.Rept. 115-132; H.Rept. 115-230;H.Rept. 115-929; S.Rept. 115-258; S.Rept. 115-132; H.Rept. 115-230;
P.L. 115-31 and explanatory statement. P.L. 115-31 and explanatory statement.
Note: Columns may not sum to totals because of rounding. Columns may not sum to totals because of rounding.
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Appalachian Regional Commission
Established in 1965,Established in 1965,
7286 the Appalachian Regional Commission (ARC) is a regional economic the Appalachian Regional Commission (ARC) is a regional economic
development agency. It awards grants and contracts to state and local governments and nonprofit development agency. It awards grants and contracts to state and local governments and nonprofit
organizations to foster economic opportunities, improve workforce skills, build critical organizations to foster economic opportunities, improve workforce skills, build critical
infrastructure, strengthen natural and cultural assets, and improve leadership skills and capacity in infrastructure, strengthen natural and cultural assets, and improve leadership skills and capacity in
the region. ARC’s authorizing statute defines the Appalachian Region as including all of West the region. ARC’s authorizing statute defines the Appalachian Region as including all of West
Virginia and parts of Alabama, Georgia, Kentucky, Maryland, Mississippi, New York, North Virginia and parts of Alabama, Georgia, Kentucky, Maryland, Mississippi, New York, North
Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, and Virginia. More than 25 million Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, and Virginia. More than 25 million
people currently live in the region as defined. people currently live in the region as defined.
ARC provides funding to several hundred projects each year, with particular focus on the region’s
ARC provides funding to several hundred projects each year, with particular focus on the region’s
most economically distressed counties. Major areas of infrastructure support include broadband most economically distressed counties. Major areas of infrastructure support include broadband
communication systems, transportation, and water and wastewater systems. ARC has supported communication systems, transportation, and water and wastewater systems. ARC has supported
development of the Appalachian Development Highway System (ADHS), a planned 3,000-mile development of the Appalachian Development Highway System (ADHS), a planned 3,000-mile
system of highways that connect with the U.S. Interstate Highway System. According to ARC, system of highways that connect with the U.S. Interstate Highway System. According to ARC,
90.8% of ADHS is “complete, open to traffic, or under construction.”90.8% of ADHS is “complete, open to traffic, or under construction.”
7387
Since FY2016, Congress has appropriated approximately $50 million per year as a set-aside for
Since FY2016, Congress has appropriated approximately $50 million per year as a set-aside for
ARC’s POWER Initiative (Partnerships for Opportunity and Workforce and Economic ARC’s POWER Initiative (Partnerships for Opportunity and Workforce and Economic
Revitalization), which assists communities impacted by the decline of the coal industry. The Revitalization), which assists communities impacted by the decline of the coal industry. The
POWER Initiative funds a variety of economic, workforce, and community development projects POWER Initiative funds a variety of economic, workforce, and community development projects
to stabilize and stimulate economic activity in affected communities. to stabilize and stimulate economic activity in affected communities.
For more background on ARC and other regional commissions and authorities, see CRS Report
For more background on ARC and other regional commissions and authorities, see CRS Report
R45997, R45997,
Federal Regional Commissions and Authorities: Structural Features and Function, by , by
Michael H. Cecire, and CRS In Focus IF11140, Michael H. Cecire, and CRS In Focus IF11140,
Federal Regional Commissions and Authorities:
Overview of Structure and Activities, by Michael H. Cecire. , by Michael H. Cecire.
Nuclear Regulatory Commission
NRC is an independent agency that establishes and enforces safety and security standards for NRC is an independent agency that establishes and enforces safety and security standards for
nuclear power plants and users of nuclear materials. Major appropriations categories for NRC are nuclear power plants and users of nuclear materials. Major appropriations categories for NRC are
shown in Table 89. Nuclear Reactor Safety is NRC’s largest program and is responsible for uclear Reactor Safety is NRC’s largest program and is responsible for
licensing and regulating the U.S. fleet of 95 power reactors, plus two under construction. NRC is licensing and regulating the U.S. fleet of 95 power reactors, plus two under construction. NRC is
also responsible for licensing and regulating nuclear waste facilities, such as the proposed also responsible for licensing and regulating nuclear waste facilities, such as the proposed
underground nuclear waste repository at Yucca Mountain, NV (for which no funding is requested underground nuclear waste repository at Yucca Mountain, NV (for which no funding is requested
for FY2021). for FY2021).
NRC is required by law to offset about 90% of its total budget, excluding specified items, through
NRC is required by law to offset about 90% of its total budget, excluding specified items, through
fees charged to nuclear reactor owners and other holders of NRC licenses. As a result, NRC’s net fees charged to nuclear reactor owners and other holders of NRC licenses. As a result, NRC’s net
appropriation can be as low as 10% of its total funding level, depending on the activities that appropriation can be as low as 10% of its total funding level, depending on the activities that
Congress excludes from fee recovery. For example, excluded items in NRC’s FY2020 enacted Congress excludes from fee recovery. For example, excluded items in NRC’s FY2020 enacted
appropriation are prior-year balances, development of advanced reactor regulations, and appropriation are prior-year balances, development of advanced reactor regulations, and
international activities. international activities.
7286 Appalachian Regional Development Act of 1965, P.L. 89-4. Appalachian Regional Development Act of 1965, P.L. 89-4.
7387 For more information, see ARC home page at https://www.arc.gov. For more information, see ARC home page at https://www.arc.gov.
Congressional Research Service
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Table 89. Nuclear Regulatory Commission Funding Categories
(budget authority in millions of current dollars)
(budget authority in millions of current dollars)
FY2021
Sen.
Comm.
FY2017
FY2018
FY2019
FY2020
FY2020FY2021
FY2021
FY2021Major.
Funding Category
Approp. Approp. Approp. Request Approp. Request
House
Draft
Nuclear Reactor Safety
Nuclear Reactor Safety
460.2
460.2
462.6
462.6
469.8
469.8
449.5
447.6447.6
452.9
452.9
452.9
452.
452.
98
Nuclear Materials and
Nuclear Materials and
114.3
114.3
113.0
113.0
108.6
108.6
104.3
103.2103.2
102.9
102.9
102.9
102.9
102.9
Waste Safety
Waste Safety
Decommissioning and
Decommissioning and
26.8
26.8
27.1
27.1
25.4
25.4
22.9
22.9
22.
22.
98
22.8
22.8
22.8
22.8
Low-Level Waste
Low-Level Waste
Yucca Mountain
Yucca Mountain
0
0
0.1
0.1
0
0
38.50
0
0
0
0
0
0
Licensing
Licensing
Corporate Support
Corporate Support
306.7
306.7
296.4
296.4
299.6
299.6
292.6
292.6
292.6271.4
271.4
271.4
271.4
271.4
Integrated University
Integrated University
15.0
15.0
15.5
15.5
15.0
15.0
16.0
0
16.0
16.0
0 0
16.0
16.0
Program
Program
Prior-Year Balances
Prior-Year Balances
-20
-20
-40.0
-40.0
-16.0
-16.0
-16.0
Inspector General Inspector General
12.2
12.2
13.3
13.3
12.6
12.6
13.3
13.3
13.
13.
35
13.5
13.5
13.5
13.5
Total
935.2
922.0
911.0
921.1
855.6855.6
863.4
863.4
863.4
Source: FY2021 Senate Appropriations Committee majority draft; H.R. 7617; H.Rept. 116-449; NRC FY2021 Budget Justification; Explanatory Statement for Division C of H.R. 7617; H.Rept. 116-449; NRC FY2021 Budget Justification; Explanatory Statement for Division C of
H.R. 1865, 116th Congress;H.R. 1865, 116th Congress;
S.Rept. 116-102;S.Rept. 116-102;
H.R. 2740;H.R. 2740;
H.Rept. 116-83;H.Rept. 116-83;
H.Rept. 115-929,H.Rept. 115-929,
NRC FY2020 Budget NRC FY2020 Budget
Justification; H.Rept. 115-697; S.Rept. 115-258. Justification; H.Rept. 115-697; S.Rept. 115-258.
Note: Fee offsets and some adjustments are excluded. Fee offsets and some adjustments are excluded.
Congressional Hearings
The following hearings were held by the Energy and Water Development subcommittees of the The following hearings were held by the Energy and Water Development subcommittees of the
House and Senate Appropriations Committees on the FY2021 budget request. Testimony and House and Senate Appropriations Committees on the FY2021 budget request. Testimony and
opening statements are posted on most of the web pages cited for each hearing, along with opening statements are posted on most of the web pages cited for each hearing, along with
webcasts in many cases. webcasts in many cases.
House
Department of Energy, February 27, 2020, https://appropriations.house.gov/, February 27, 2020, https://appropriations.house.gov/
events/hearings/department-of-energy-budget-request-for-fy2021.
events/hearings/department-of-energy-budget-request-for-fy2021.
DOE Applied Energy Programs, March 3, 2020, , March 3, 2020,
https://appropriations.house.gov/events/hearings/department-of-energy-applied-
https://appropriations.house.gov/events/hearings/department-of-energy-applied-
energy-programs-budget-requests-for-fy2021. energy-programs-budget-requests-for-fy2021.
DOE National Nuclear Security Administration, March 4, 2020, , March 4, 2020,
https://appropriations.house.gov/events/hearings/department-of-energynational-
https://appropriations.house.gov/events/hearings/department-of-energynational-
nuclear-security-administration. nuclear-security-administration.
Corps of Engineers and Bureau of Reclamation, March 10, 2020, , March 10, 2020,
https://appropriations.house.gov/events/hearings/us-army-corps-of-engineers-
https://appropriations.house.gov/events/hearings/us-army-corps-of-engineers-
and-bureau-of-reclamation-budget-requests-for-fy2021. and-bureau-of-reclamation-budget-requests-for-fy2021.
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DOE Advanced Research Projects Agency—Energy, Office of Science, and
Environmental Management, March 11, 2020, https://appropriations.house.gov/, March 11, 2020, https://appropriations.house.gov/
events/hearings/department-of-energy-fy2021-budget-request-for-advanced-events/hearings/department-of-energy-fy2021-budget-request-for-advanced-
research-projects-agency. research-projects-agency.
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Senate
Department of Energy, March 4, 2020, https://www.appropriations.senate.gov/, March 4, 2020, https://www.appropriations.senate.gov/
hearings/review-of-the-fy2021-budget-request-for-the-us-department-of-energy.
hearings/review-of-the-fy2021-budget-request-for-the-us-department-of-energy.
U.S. Army Corps of Engineers and the Bureau of Reclamation, March 11, 2020, , March 11, 2020,
https://www.appropriations.senate.gov/hearings/review-of-the-fy2021-budget-
https://www.appropriations.senate.gov/hearings/review-of-the-fy2021-budget-
request-for-us-army-corps-of-engineers-and-bureau-of-reclamation-within-dept-request-for-us-army-corps-of-engineers-and-bureau-of-reclamation-within-dept-
of-interior. of-interior.
Author Information
Mark Holt Mark Holt
Corrie E. Clark
Corrie E. Clark
Specialist in Energy Policy
Specialist in Energy Policy
Analyst in Energy Policy
Analyst in Energy Policy
Acknowledgments
Former CRS Research Assistant Danielle A. Arostegui developed the spreadsheet used for appropriations
Former CRS Research Assistant Danielle A. Arostegui developed the spreadsheet used for appropriations
analysis in this report. analysis in this report.
Key Policy Staff
Area of Expertise
Name
General (Coordinator)
General (Coordinator)
Mark Holt
Mark Holt
Corps of Engineers
Corps of Engineers
Anna Normand
Anna Normand
Nicole Carter Nicole Carter
Bureau of Reclamation
Bureau of Reclamation
Charles V. Stern
Charles V. Stern
Renewable energy
Renewable energy
Corrie E. Clark
Corrie E. Clark
Energy efficiency
Energy efficiency
Corrie E. Clark
Corrie E. Clark
Fossil energy research
Fossil energy research
Ashley Lawson
Ashley Lawson
Strategic Petroleum Reserve
Strategic Petroleum Reserve
Phil ip Brown
Phil ip Brown
Nuclear energy
Nuclear energy
Mark Holt
Mark Holt
Science and ARPA-E
Science and ARPA-E
Daniel Morgan
Daniel Morgan
Quantum Information Science
Quantum Information Science
Patricia Moloney Figliola
Patricia Moloney Figliola
Artificial intelligence
Artificial intelligence
Laurie A. Harris
Laurie A. Harris
Nuclear weapons stewardship
Nuclear weapons stewardship
Amy Woolf
Amy Woolf
Nonproliferation
Nonproliferation
Mary Beth Nikitin
Mary Beth Nikitin
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DOE Environmental Management DOE Environmental Management
David Bearden
David Bearden
Lance Larson Lance Larson
Power Marketing Administrations
Power Marketing Administrations
Charles V. Stern
Charles V. Stern
Bonneville Power Administration
Bonneville Power Administration
Charles V. Stern
Charles V. Stern
Congressional Research Service
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Energy and Water Development: FY2021 Appropriations
Federal regional authorities and Federal regional authorities and
Michael H. Cecire
Michael H. Cecire
commissions
commissions
Alyssa R. Casey
Alyssa R. Casey
Appropriations legislative procedures
Appropriations legislative procedures
James V. Saturno
James V. Saturno
Bil Heniff Bil Heniff
Megan Lynch Megan Lynch
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in than public understanding of information that has been provided by CRS to Members of Congress in
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Congressional Research Service
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