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Energy and Water Development Appropriations for Defense Nuclear Nonproliferation: In Brief

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Energy and Water Development
April April 19, 202318, 2024
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 to support U.S. efforts to reduce the threat of nuclear 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 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. 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 fuel to the Navy, NNSA is responsible for maintaining the U.S. nuclear weapons stockpile, providing nuclear fuel to the Navy,
nuclear and radiological emergency response, and nuclear nonproliferation activities. nuclear and radiological emergency response, and nuclear nonproliferation activities.
This report gives an overview of annual appropriations for the DOE NNSA Defense Nuclear Nonproliferation 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 (DNN) account. The National Defense Authorization Act authorizes these programs, for which funds are
appropriated in the annual Energy and Water Appropriations bill. The appropriated in the annual Energy and Water Appropriations bill. The FY2024FY2025 DOE request for DNN DOE request for DNN
appropriations was $2.appropriations was $2.5147 billion, billion, an increase of .8% over the FY2023a decrease of 4.5% from the FY2024-enacted level, which was $2.-enacted level, which was $2.4958 billion. billion.
Energy and Water Development Energy and Water Development FY2023FY2024 appropriations for these programs were enacted as part of the appropriations for these programs were enacted as part of the
Consolidated Appropriations Act, Consolidated Appropriations Act, 2023 (P.L. 117-328, Division D2024 (P.L. 118-42). ).

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Contents
Introduction ..................................................................................................................................... 1
Budget Structure .............................................................................................................................. 1
FY2024FY2025 Request .............................................................................................................................. 2
FY2023FY2024 Appropriations ................................................................................................................... 3
Supplemental Requests .................................................................................................................... 3 Surplus Plutonium Disposition Program ......................................................................................... 34


Tables
Table 1. DOE Defense Nuclear Nonproliferation Appropriation, FY2022-FY2024FY2023-FY2025 ....................... 2

Contacts
Author Information .......................................................................................................................... 45

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Energy & Water Development Appropriations for Defense Nuclear Nonproliferation

Introduction
The Department of Energy’s (DOE’s) nonproliferation and national security programs provide 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 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 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 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 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 fuel to the Navy, nuclear and radiological emergency response, and nuclear nonproliferation
activities.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) In Secretary Granholm’s 2024 testimony to Congress, she says the NNSA’s DNN budget proposal would enhance the Nation’s ability to prevent adversaries from acquiring nuclear weapons or weapons-usable materials, technology, and expertise; counter efforts to acquire such weapons or materials; and respond to nuclear or radiological incidents and accidents domestically and abroad. By limiting the number of nuclear-capable states and preventing terrorist access to materials and technology that can threaten the U.S. and allies, NNSA plays a critical role in enhancing global stability and constrains the range of potential threats facing the nation, our allies, and partners.1 This report gives an overview of annual appropriations for the DOE NNSA Defense Nuclear Nonproliferation (DNN) account. The National Defense Authorization Act2 authorizes these programs, for which funds are appropriated in the annual Energy and Water Appropriations bill. .
Budget Structure
There are two main mission areas under the DNN appropriation: the Defense Nuclear There are two main mission areas under the DNN appropriation: the Defense Nuclear
Nonproliferation Program and the Nuclear Counterterrorism and Incident Response Program Nonproliferation Program and the Nuclear Counterterrorism and Incident Response Program
(NCTIR).(NCTIR).13 The The FY2024FY2025 DNN request is divided into the following functional areas: DNN request is divided into the following functional areas:
Material 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
materials such as excess U.S. weapons plutonium. materials 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 treaties and agreements. This program conducts
reviews of nuclear export 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 1 United States Secretary of Energy Jennifer Granholm, Testimony before the Senate Committee on Energy and Natural Resources, April 16, 2024. 2 P.L. 118-31. 3 The DNN programs were reorganized starting with the FY2016 request. NCTIR was previously funded under 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 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). and Counterproliferation (CTCP), and Office of Emergency Operations (EO).
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(weapons or peaceful applications) technologies and expertise, and verify nuclear reductions and compliance with 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 threats such as foreign nuclear material and weapons production, diversion of
special nuclear material, and nuclear detonations. special nuclear material, and nuclear detonations.
The The Nonproliferation Construction program disposes of excess U.S. weapons program disposes of excess U.S. weapons
plutonium through a “dilute and dispose” strategy (see plutonium through a “dilute and dispose” strategy (see “Surplus Plutonium Disposition Program” below). •below).
The The Nuclear Counterterrorism and Incident Response Program (NCTIR)
evaluates nuclear and radiological threats and develops emergency preparedness evaluates nuclear and radiological threats and develops emergency preparedness
plans, including organizing scientific teams to provide rapid response to nuclear plans, including organizing scientific teams to provide rapid response to nuclear
or radiological incidents or accidents worldwide. or radiological incidents or accidents worldwide.
Table 1. DOE Defense Nuclear Nonproliferation Appropriation, FY2022-FY2024FY2023-FY2025
($ thousands) ($ thousands)
FY2022
FY2023
FY2024FY2023 FY2024 FY2025

Enacted
Enacted
Request
Material Management and Material Management and
342,946Minimization
464,285 464,285
446,025
Minimization496,025 377,097
Global Material Security Global Material Security
531,441
532,763 532,763
524,048 524,048 543,864
Nonproliferation and Arms Nonproliferation and Arms
184,795Control 230,656 212,358 224,980 Defense Nuclear Nonproliferation R&D 767,902 765,750 802,850 NNSA Bioassurance Program 20,000 0 0 Nonproliferation Construction 71,764 77,211 40,000
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 Nuclear Counterterrorism & 469,970 503,021 536,189 Incident Response Legacy Contractor Pensions 55,708 22,587 7,128
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 Use of Prior Year Balances
0
-123,048 -123,048
-20,000 -20,000
Rescission of Prior Year
-282,133


Balances
-67,000 Total Total
2,4902,354,000 ,000
2,5812,490,000 ,000
2,465,1082,508,959
Source: Department of Energy Congressional Budget Requests, Volume 1. Department of Energy Congressional Budget Requests, Volume 1.
FY2024FY2025 Request
The The FY2024FY2025 DOE request for DNN appropriations was $2. request for DNN appropriations was $2.5147 billion, billion, an increase of 0.8% over the
FY2023a decrease of 4.5% from the FY2024-enacted level. The DOE congressional budget request attributes this change mainly to “reduced programmatic requirements in Material Management and Minimization, as well as the use of carryover for FY 2025 scope in the Surplus Plutonium Disposition project and Legacy Contractor Pensions and Settlement Payments.” Congressional Research Service 2 Energy & Water Development Appropriations for Defense Nuclear Nonproliferation The budget justification document also says increases are requested for “Red Teaming capabilities for a wide range of open-source and industry Artificial Intelligence (AI) systems, for the establishment of the Space Monitoring and Verification Program (Space MVP) to support the Outer Space Treaty, and to increase outreach to high-priority partners in Southeast Asia to address smuggling vulnerabilities and counter Chinese influence.” DOE did not request funding for the NNSA Bioassurance program in the FY2025 request. The Bioassurance Program was funded at $20 million in FY2023, and $25 million was requested for FY2024. Program goals were to expand DOE’s role in biodefense and develop national laboratory capabilities “to anticipate, detect, assess, and mitigate emerging biothreats.” Section 3122 of the FY2024 National Defense Authorization Act (P.L. 118-31) placed prohibitions on establishing this program within NNSA.4 FY2024 Appropriations FY2024 Energy and Water Development appropriations provided $2.58 billion for these programs, enacted as part of the Consolidated Appropriations Act, 2024 (P.L. 118-42). The FY2024 request for DNN appropriations was $2.51 billion, an increase of 0.8% over the FY2023-enacted level. The DOE congressional budget justification attributes this change mainly to increases for the Nuclear Counterterrorism program, 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.” Recent years’ appropriations prohibit-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 funds in the Defense
Nuclear Nonproliferation account from being used for certain activities and assistance in the 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 Russian Federation. Appropriations bills have prohibited this since FY2015, although a waiver is
allowed.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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Energy & Water Development Appropriations for Defense Nuclear Nonproliferation

5 Supplemental Requests Senate-passed (H.R. 815) and House (H.R. 8035) versions of FY2024 supplemental appropriations would provide NNSA with $149 million to “respond to the security situation in Ukraine.” The FY2023 Ukraine Supplemental Appropriations Act provided $35 million for NNSA support for Ukraine, and the Additional Ukraine Supplemental Appropriations Act provided $126.3, totaling $161.3. The FY2025 congressional budget justification says DNN subprograms’ FY2023 accomplishments in Ukraine included the following: • “Bolstered the resilience of nuclear power plants in Ukraine by providing physical protection and cyber security upgrades and provided equipment to the National Guard of Ukraine to strengthen their capability to protect nuclear power plants.” • “Provided equipment, training, and technical assistance to partners in Ukraine to secure and monitor 36 facilities housing high-activity radioactive sources. 4 “The Administrator may not establish, administer, manage, or facilitate a program within the Administration for the purposes of executing an enduring national security research and development effort to broaden the role of the Department of Energy in national biodefense.” See Section 3122, FY2024 NDAA and related report language. 5 See the 2017 version of this report for more detailed background information. Congressional Research Service 3 Energy & Water Development Appropriations for Defense Nuclear Nonproliferation Removed five disused sources from medical facilities to secure storage facilities in Ukraine.” • “Deployed additional equipment and associated training to border security, law enforcement, and emergency agencies across Ukraine to detect and deter illicit movement of materials and ... monitor for radiation release within Ukraine.”6 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.7 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 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. 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. 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 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 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 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.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 The FY2024FY2025 budget request provides for plutonium disposition related activities in the Material budget request provides for plutonium disposition related activities in the Material
Management and Minimization (Material Disposition subprogram) and the Nonproliferation Management and Minimization (Material Disposition subprogram) and the Nonproliferation
Construction accounts. The Construction accounts. The FY2025 budget request budget request sayssaid the SPD project “will add glovebox capacity at the SPD project “will add glovebox capacity at
the Savannah River Site to accelerate plutonium dilution and aid in the removal of plutonium 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 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 disassemble and convert plutonium cores or “pits” for disposal. The FY2024FY2025 request says NNSA request says NNSA
is completing the final design review to request approval and start full construction on the SPD is completing the final design review to request approval and start full construction on the SPD
project in FY2024project, which represents a delay and cost increase. The , which represents a delay and cost increase. The FY2024 request request sayssaid the NNSA is the NNSA is
“increasing the total project cost by $155 million resulting in a corresponding increase to the “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 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, 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 safety, and construction challenges “of integrating the new mission into the exisiting facility and
operations.” It also operations.” It also citescited a lack of skilled professional and craft labor, which is also an issue for a lack of skilled professional and craft labor, which is also an issue for
other NNSA construction projects. 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 6 FY 2025 Department of Energy National Nuclear Security Administration Congressional Budget Justification, Volume 1. 7 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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Energy & Water Development Appropriations for Defense Nuclear Nonproliferation


Author Information Mary Beth D. Nikitin Specialist in Nonproliferation
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