Energy and Water Development
June 10, 2021April 19, 2023
Appropriations for Defense Nuclear
Mary Beth D. Nikitin
Nonproliferation: In Brief
Specialist in
Specialist in
Nonproliferation Nonproliferation
The Department of Energy’s (DOE’s) nonproliferation and national security programs
The Department of Energy’s (DOE’s) nonproliferation and national security programs
provide technical capabilities
provide technical capabilities
to support U.S. efforts to to support U.S. efforts to
“prevent, counter, respond” to the proliferationreduce the threat of nuclear of nuclear
weapons proliferation and nuclear terrorismweapons worldwide, including by both states and non-state
actors. These programs are administered by the . These programs are administered by the
National Nuclear Security Administration (NNSA), a semi-National Nuclear Security Administration (NNSA), a semi-
autonomous agency established within DOE in 2000. NNSA is responsible for maintaining the U.S. nuclear autonomous agency established within DOE in 2000. NNSA is responsible for maintaining the U.S. nuclear
weapons stockpile, providing nuclear fuel to the Navy, nuclear and radiological emergency response, and nuclear weapons stockpile, providing nuclear fuel to the Navy, nuclear and radiological emergency response, and nuclear
nonproliferation activities.nonproliferation activities.
NNSA’s Office of Defense Nuclear Nonproliferation is funded under the Defense
This report gives an overview of annual appropriations for the DOE NNSA Defense Nuclear Nonproliferation Nuclear Nonproliferation
(DNN) account. The National Defense Authorization Act authorizes these programs, for which funds are appropriated in the annual Energy and Water Appropriations bill. The FY2024 DOE(DNN) account.
This report addresses the programs in the DNN account, appropriated by the Energy and Water appropriations bil . The FY2022 request for DNN request for DNN
appropriations was $2.51 billion, an increase of .8% over the FY2023-enacted level, which was $2.49 billion. Energy and Water Development FY2023 appropriations for these programs were enacted as part of the appropriations was $2.26 bil ion. The proposal included unobligated prior year balances. The reduction continues an earlier trend to reduce prior-year carryover balances. According to the
budget justification, the increase of $4 mil ion, or 0.2%, from the FY2021-enacted level includes increases in Nonproliferation and Arms Control and DNN R&D programs, offset by the completion of Material Management
and Minimization and Global Material Security.
FY2021 Energy and Water Development funding was enacted by Division D of the Consolidated Appropriations Consolidated Appropriations
Act, Act,
2021 (P.L. 116-260), signed by the President on December 27, 2020, and included $2.26 bil ion for Defense Nuclear Nonproliferation. As in past years, the FY2021 appropriations included a provision prohibiting funds in the Defense Nuclear Nonproliferation account for certain activities and assistance in the Russian Federation.
Appropriations bil s have prohibited this since FY2015.
2023 (P.L. 117-328, Division D).
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Energy & Water Development Appropriations for Defense Nuclear Nonproliferation
Contents
Budget Structure Introduction ..................................................................................................................................... 1
FY2022 Request Budget Structure ........................................................................................................................ 2
U.S. Plutonium Disposition ...... 1 FY2024 Request ......................................................................................................................... 3
FY2021..... 2 FY2023 Appropriations .................................................................................................... 4
Tables
Table 1. DOE Defense Nuclear Nonproliferation Appropriation, FY2018-FY2021, and
FY2022 Request ............... 3 Surplus Plutonium Disposition Program ......................................................................................... 3
Tables Table 1. DOE Defense Nuclear Nonproliferation Appropriation, FY2022-FY2024 ....................... 2
Contacts
Author Information .......................................................................................................................... 4
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Energy & Water Development Appropriations for Defense Nuclear Nonproliferation
Budget Structure
The Defense Nuclear Nonproliferation (DNN) appropriation is organized under two main mission areas: the Defense Nuclear Nonproliferation Program and the Nuclear Counterterrorism and
Incident Response Program (NCTIR).1 The DNN Program’s FY2022 request proposes moving the National Technical Nuclear Forensics Research and Development (NTNF R&D) into a subprogram ofIntroduction The Department of Energy’s (DOE’s) nonproliferation and national security programs provide technical capabilities to support U.S. efforts to reduce the threat of nuclear weapons proliferation and nuclear terrorism. These programs are administered by the National Nuclear Security Administration (NNSA), a semi-autonomous agency established within DOE in 2000. NNSA is responsible for maintaining the U.S. nuclear weapons stockpile, providing nuclear reactors and fuel to the Navy, nuclear and radiological emergency response, and nuclear nonproliferation activities.
This report gives an overview of annual appropriations for the DOE NNSA Defense Nuclear Nonproliferation (DNN) account. The National Defense Authorization Act authorizes these programs, for which funds are appropriated in the annual Energy and Water Appropriations bill. The FY2024 DOE request for DNN appropriations was $2.51 billion, an increase of 0.8% over the FY2023-enacted level, which was $2.49 billion. Energy and Water Development FY2023 appropriations for these programs were enacted as part of the Consolidated Appropriations Act, 2023 (P.L. 117-328, Division D).
Budget Structure There are two main mission areas under the DNN appropriation: the Defense Nuclear Nonproliferation Defense Nuclear Nonproliferation
Research and Development (DNN R&D).2 The
FY2022Program and the Nuclear Counterterrorism and Incident Response Program (NCTIR).1 The FY2024 DNN request is divided into the following functional areas: request is divided into the following functional areas:
MaterialsMaterial Management and Minimization (M3) conducts activities to reduce conducts activities to reduce
and, where possible, eliminate stockpiles of weapons-useable material around the
and, where possible, eliminate stockpiles of weapons-useable material around the
world. Major activities include conversion of reactors that use highly enriched world. Major activities include conversion of reactors that use highly enriched
uranium (useable for weapons) to low enriched uranium, removal and uranium (useable for weapons) to low enriched uranium, removal and
consolidation of nuclear material stockpiles, and disposition of excess nuclear consolidation of nuclear material stockpiles, and disposition of excess nuclear
materialsmaterials
such as excess U.S. weapons plutonium. .
Global Material Security (GMS) has three major program elements: has three major program elements:
international nuclear security, radiological security, and nuclear smuggling
international nuclear security, radiological security, and nuclear smuggling
detection and deterrence. Activities toward achieving those goals include the detection and deterrence. Activities toward achieving those goals include the
provision of equipment and training, workshops and exercises, and collaboration provision of equipment and training, workshops and exercises, and collaboration
with international organizations.with international organizations.
Nonproliferation and Arms Control (NPAC) implements programs that aim to implements programs that aim to
strengthen international nuclear safeguards, control the spread of dual-use
strengthen international nuclear safeguards, control the spread of dual-use
(weapons or peaceful applications) technologies and expertise, and verify nuclear reductions and compliance with technologies and expertise, and verify nuclear reductions and compliance with
treaties and agreements. This program conducts reviews of nuclear export treaties and agreements. This program conducts reviews of nuclear export
applications and technology transfer authorizations.
Defense Nuclear Nonproliferation Research and Development (DNN R&D)
advances U.S. capabilities to detect and characterize global nuclear security threats such as foreign nuclear material and weapons production, diversion of special nuclear material, and nuclear detonations. The National Technical Nuclear Forensics Research and Development (NTNF R&D) examines and
evaluates nuclear materials and devices, nuclear test explosions or radiological dispersals, and post-detonation debris through nuclear forensics development at the national laboratories. The program includes a field capability to assist the interagency response in the event of a nuclear or radiological incident.
The Nonproliferation Construction program supports M3 and the Surplus
Plutonium Disposition Project (SPD), details below.
The Nuclear Counterterrorism and Incident Response Program (NCTIR) applications and technology transfer authorizations.
The Bioassurance Program aims to expand DOE’s role in biodefense and
develop national laboratory capabilities “to anticipate, detect, assess, and mitigate emerging biothreats.” This program began in FY2023.
Defense Nuclear Nonproliferation Research and Development (DNN R&D)
advances U.S. capabilities to detect and characterize global nuclear security
1 The DNN programs were reorganized starting with the FY2016 request. NCTIR was previously funded under Weapons Activities. There are three offices under the DNN appropriations: Office of DNN, Office of Counterterrorism and Counterproliferation (CTCP), and Office of Emergency Operations (EO).
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threats such as foreign nuclear material and weapons production, diversion of special nuclear material, and nuclear detonations.
The Nonproliferation Construction program disposes of excess U.S. weapons
plutonium through a “dilute and dispose” strategy (see below).
The Nuclear Counterterrorism and Incident Response Program (NCTIR)
evaluates nuclear and evaluates nuclear and
radiological threats and develops emergency preparedness plans, including organizing scientific radiological threats and develops emergency preparedness plans, including organizing scientific
teams to provide rapid response to nuclear teams to provide rapid response to nuclear
or radiological incidents or accidents worldwide.
Table 1. DOE Defense Nuclear Nonproliferation Appropriation, FY2022-FY2024
($ thousands)
FY2022
FY2023
FY2024
or radiological incidents or accidents worldwide.
1 Programs were reorganized starting with the FY2016 request, and NCT IR was previously funded under Weapons Activities. According to the FY2016 budget justification, “ T hese transfers align all NNSA funding to prevent, counter, and respond to nuclear proliferation and terrorism in one appropriation.” 2 T he $40 million in funding for NT NF was moved from the DNN R&D Nuclear Detonation Dete ction subprogram in FY2021.
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Table 1. DOE Defense Nuclear Nonproliferation Appropriation, FY2018-FY2021, and
FY2022 Request
($ thousands)
FY2018
FY2019
FY2020
FY2021
FY2022
Enacted
Enacted
Enacted
Enacted
Request
Material Management
308,594
293,794
363,533
400,711
342,946
and Minimization
Global Material Security
390,108
407,108
442,909
528,939
497,941
Nonproliferation and
134,703
129,703
140,000
148,000
184,795
Arms Control
National Technical
0
0
0
40,000
0
Nuclear Forensics R&D
Defense Nuclear
556,504
575,570
533,163
601,900
672,736
Nonproliferation R&D
Nonproliferation
335,000
220,000
299,000
148,589
156,000
Construction
Nuclear
282,360
319,185
372,095
377,513
370,782
Counterterrorism
Legacy Contractor
40,950
28,640
13,700
14,348
38,800
Pensions
Subtotal
2,048,219
1,949,000
2,164,400
2,260,000
2,264,000
Use of Prior Year
0
-25,000
0
Balances
Rescission of Prior Year
-49,000
-19,000
0
Balances
Total
1,999,219
1,930,000
2,164,400
2,260,000
2,264,000
Source: Department of Energy Congressional Budget Requests, Volume 1.
FY2022 Request
The FY2022 request for DNN appropriations totaled $2.264 bil ion, reflecting a 0.2% increase from FY2021-enacted levels. The budget justification says that this change is due to completion of funding for Molybdenum-99 cooperative agreements and activities to address recovery and decontamination efforts associated with a container breach and release of material in Seattle,
WA.3 Decreases in the M3 and GMS accounts are to be offset by increases in the NPAC and DNN R&D accounts and use of prior year balances. The NPAS program proposes an “acceleration of a multilateral nonproliferation enrichment testing and training capability to improve current and future IAEA verification capabilities.” DNN R&D increases are “to develop arms control capabilities and vulnerability assessments, to establish an emerging and disruptive technologies initiative, to establish a nuclear forensics R&D university consortium,” and to accelerate the
development of nonproliferation-related “testbeds” to identify threats.
3 See also NNSA, “As Cleanup of Contaminated Seattle Building Nears Completion, T wo Remediation Managers Discuss Lessons Learned,” December 9, 2020, https://www.energy.gov/nnsa/articles/cleanup-contaminated-seattle-building-nears-completion-two-remediation-managers.
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As in past years, the FY2022 appropriations included a provision prohibiting funds in the Defense Nuclear Nonproliferation account from being used for certain activities and assistance in the Russian Federation. Appropriations bil s have prohibited this since FY2015, although a waiver is
possible.4
U.S. Plutonium Disposition
The FY2022 budget justification requests funds related to the U.S. plutonium disposition program in the M3 Material Disposition subprogram and Nonproliferation Construction Surplus Plutonium
Disposition subprogram. The United States pledged to dispose of 34 metric tons of U.S. surplus weapons plutonium, which was original y to be converted into fuel for commercial power reactors.5 The U.S. facility for this purpose was to be the Mixed Oxide Fuel Fabrication Facility (MFFF), which had been under construction at the DOE Savannah River site in South Carolina. The MFFF faced sharply escalating construction and operation cost estimates, and the Obama Administration proposed to terminate it in FY2017. After congressional approval, in 2018 DOE
ended MFFF construction and began pursuing an alternative disposal method, Dilute and Dispose
(D&D), for this material.
The D&D method consists of “blending plutonium with an inert mixture, packaging it for safe storage and transport, and disposing of it in a geologic repository,” according to the FY2021 request. The Nonproliferation Construction account’s proposed decrease of $150 mil ion in FY2021 was due to the final steps in ending construction of the MFFF. In her testimony before the House Appropriations Committee, NNSA Administrator Lisa Gordon-Hagerty said the decrease reflected the completion of the MOX contractual termination settlement. She said that
the requested $148.6 mil ion would be used for the Surplus Plutonium Disposition (SPD) project, in support of the D&D method. FY2021 activities would include “execution of early site preparation and long lead procurements activities, as wel as continuing the maturation of the
design for al major systems supporting the plutonium processing gloveboxes.”6
The House Appropriations Committee report on the FY2021 Energy and Water Development funding bil (H.Rept. 116-449) says that it did not provide any funds for transfer of plutonium from South Carolina to Nevada and recommended “efforts to engage the interagency and
international partners as appropriate on mutual y beneficial plutonium disposition protocols.”
The FY2022 request says NNSA wil use prior year balances to close out MFFF activities in FY2022. The proposed appropriation would support “the completion at the Savannah River Site
of the first glovebox fabrication, shipment, receipt, and fabrication of the HEPA Filter Housings and Diesel Generator, completion of site preparation activities, and final design in support of Critical Decision (CD)-2/3, as wel as continues longlead procurements for the SPD Project.” It would also add glovebox capacity “to accelerate plutonium dilution and aid in the removal of
plutonium from the state of South Carolina.”
4 See the 2017 version of this report for more detailed background information. 5 Disposition of surplus plutonium is required by a 1998 agreement, amended in 2010, between the United States and the Russian Federation. Each country agreed to convert 34 metric tons of surplus weapons-grade plutonium to a form that could not be returned to nuclear weapons, to begin in 2018. Russia suspended its participation in the agreement in October 2016 due to what it called “hostile actions” by the United States. Both countries appear to be continuing their plans for surplus plutonium disposition. See CRS Report R43125, Mixed-Oxide Fuel Fabrication Plant and Plutonium
Disposition: Managem ent and Policy Issues, by Mark Holt and Mary Beth D. Nikitin . 6 A glovebox is a sealed, transparent chamber with openings in the sides where sleeves and gloves are attached. Workers can put their hands in the gloves to manipulate radioactive materials inside without becoming contaminated.
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FY2021 Appropriations
The House passed the FY2021 Energy and Water Development appropriations bil July 31, 2020, as part of the second FY2021 Consolidated Appropriations Act (H.R. 7617). The House-passed
measure included DNN appropriations of $2.24 bil ion, the same as recommended by the House Appropriations Committee and an increase of $209 mil ion (10%) over the Administration
request.
The Senate Appropriations Committee majority draft bil for FY2021 energy and water development appropriations al ocated $2.095 bil ion for Defense Nuclear Nonproliferation, to include $30 mil ion for the uranium reserve program.7 The Senate Appropriations Committee did
not act on the bil .
FY2021 Energy and Water Development funding was enacted in Division D of the Consolidated Appropriations Act, 2021 (P.L. 116-260), signed by the President on December 27, 2020. The
measure included $2.26 bil ion for Defense Nuclear Nonproliferation.
Author Information
Mary Beth D. Nikitin
Specialist in Nonproliferation
Disclaimer
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 under the direction of Congress. Information in a CRS Report should n ot be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in
Enacted
Enacted
Request
Material Management and
342,946
464,285
446,025
Minimization
Global Material Security
531,441
532,763
524,048
Nonproliferation and Arms
184,795
230,656
212,358
Control
NNSA Bioassurance
0
20,000
25,000
Defense Nuclear
729,236
767,902
728,187
Nonproliferation R&D
Nonproliferation
156,000
71,764
77,211
Construction
Nuclear Counterterrorism
370,782
469,970
493,543
Legacy Contractor
38,800
55,708
22,587
Pensions
Subtotal
2,354,000
2,613,048
2,528,959
Use of Prior Year Balances
0
-123,048
-20,000
Rescission of Prior Year
-282,133
Balances
Total
2,354,000
2,490,000
2,508,959
Source: Department of Energy Congressional Budget Requests, Volume 1.
FY2024 Request The FY2024 request for DNN appropriations was $2.51 billion, an increase of 0.8% over the FY2023-enacted level. The DOE congressional budget request attributes this change mainly to increases for the Nuclear Counterterrorism program. The increase is to improve the Nuclear Incident Response (NIR)/Nuclear Emergency Support Team’s (NEST’s) “capacity for emergency response and interagency partner technical training” and for National Technical Nuclear Forensics (NTNF), to “bridge a long-standing gap between research and development activities geared toward technology transition and operational capabilities.”
The FY2024 budget request also includes funding in the three GMS subprograms to support nuclear material security and counter smuggling activities in Ukraine, and to “be employed to
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assist Ukrainian partners to rebuild and strengthen critical nuclear and radiological security infrastructure when conditions allow.”
FY2023 Appropriations The FY2023 request for DNN appropriations totaled $2.346 billion, reflecting a 13.2% increase over the FY2022-enacted levels. The FY2023 budget proposal requested a $37.2 million, or 10%, increase in funding for the Material Management Minimization program. The increase was mainly for the conversion subprogram, which is working to establish molybdenum-99 production technologies in the United States that do not use high enriched uranium (HEU), which can be used for nuclear weapons. The Energy and Water Development FY2023 appropriations for these programs totaled $2.49 billion, enacted as part of the Consolidated Appropriations Act, 2023 (P.L. 117-328, Division D). The FY2023 Supplemental Appropriations bills provided $35 million and $126.3 million for DNN activities in Ukraine.
As in past years, the FY2023 appropriations included a provision prohibiting funds in the Defense Nuclear Nonproliferation account from being used for certain activities and assistance in the Russian Federation. Appropriations bills have prohibited this since FY2015, although a waiver is allowed.2
The House passed the FY2023 Energy and Water Development appropriations bill December 23, 2022, as part of the FY2023 Consolidated Appropriations Act (P.L. 117-328). The House-passed measure included DNN appropriations of $2.424 billion, the same as recommended by the House Appropriations Committee and an increase of $77.7 million over the Administration request. The House Appropriations Committee report on the FY2023 Energy and Water Development funding bill (H.Rept. 117-394) recommended $20 million for the University Consortia for Nuclear Nonproliferation Research. It also specified $25 million for the Green Border Security Initiative within NSDD and “recognizes the importance of improving the security of border crossings to prevent nuclear smuggling and accelerating partnerships, particularly within Eastern Europe.”
The Senate Appropriations Committee majority draft bill for FY2023 energy and water development appropriations allocated $2.095 billion for Defense Nuclear Nonproliferation, to include $30 million for the uranium reserve program.3
Surplus Plutonium Disposition Program The United States pledged to dispose of 34 metric tons of U.S. surplus weapons plutonium, which was originally to be converted into fuel for commercial power reactors.4 The U.S. facility for this purpose was to be the Mixed Oxide Fuel Fabrication Facility (MFFF), which had been under construction at the DOE Savannah River site in South Carolina. The MFFF faced sharply escalating construction and operation cost estimates, and the Obama Administration proposed to
2 See the 2017 version of this report for more detailed background information. 3 See CRS In Focus IF11505, Uranium Reserve Program Proposal: Policy Implications, by Lance N. Larson. 4 Disposition of surplus plutonium is required by a 1998 agreement, amended in 2010, between the United States and the Russian Federation. Each country agreed to convert 34 metric tons of surplus weapons-grade plutonium to a form that could not be returned to nuclear weapons, to begin in 2018. Russia suspended its participation in the agreement in October 2016 due to what it called “hostile actions” by the United States. Both countries appear to be continuing their plans for surplus plutonium disposition. See CRS Report R43125, Mixed-Oxide Fuel Fabrication Plant and Plutonium Disposition: Management and Policy Issues, by Mark Holt and Mary Beth D. Nikitin.
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terminate it in FY2017. After congressional approval, in 2018 DOE ended MFFF construction and began pursuing a replacement disposal method, Dilute and Dispose (D&D), for this material. This effort is called the Surplus Plutonium Disposition (SPD) Program.
The D&D method consists of “blending plutonium with an inert mixture, packaging it for safe storage and transport, and disposing of it in a geologic repository,” according to the FY2024 request. Under the D&D method, plutonium is down-blended at Savannah River then shipped as transuranic waste to the Waste Isolation Pilot Plant (WIPP) in New Mexico. The Environmental Impact Statement for the project is expected to be completed in 2023, and the draft EIS was open for public comment in early 2023.5
The FY2024 budget request provides for plutonium disposition related activities in the Material Management and Minimization (Material Disposition subprogram) and the Nonproliferation Construction accounts. The budget request says the SPD project “will add glovebox capacity at the Savannah River Site to accelerate plutonium dilution and aid in the removal of plutonium from the state of South Carolina.” In the coming years, NNSA plans to expand capability to disassemble and convert plutonium cores or “pits” for disposal. The FY2024 request says NNSA is completing the final design review to request approval and start full construction on the SPD project in FY2024, which represents a delay and cost increase. The request says the NNSA is “increasing the total project cost by $155 million resulting in a corresponding increase to the high-end of the cost range which is $775 million” and extending the completion date to the fourth quarter of FY2030. The budget request says that these changes are necessary due to design, safety, and construction challenges “of integrating the new mission into the exisiting facility and operations.” It also cites a lack of skilled professional and craft labor, which is also an issue for other NNSA construction projects.
Author Information
Mary Beth D. Nikitin
Specialist in Nonproliferation
5 DOE/EIS-0549, https://www.energy.gov/nepa/doeeis-0549-surplus-plutonium-disposition-program
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Disclaimer
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 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 connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
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material from a third party, you may need to obtain the permission of the copyright holder if you wish to material from a third party, you may need to obtain the permission of the copyright holder if you wish to
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7 See CRS In Focus IF11505, Uranium Reserve Program Proposal: Policy Implications, by Lance N. Larson.
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