Energy and Water Development: FY2023 Appropriations

October 24, 2022 – March 20, 2023 R47293

Energy and Water Development:
March 20, 2023
FY2023 Appropriations
Mark Holt
The Energy and Water Development and Related Agencies appropriations bill funds civil works
Specialist in Energy Policy
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 of Energy
Anna E. Normand
(DOE); the Nuclear Regulatory Commission (NRC); the Appalachian Regional Commission
Analyst in Natural
(ARC); and several other independent agencies. DOE typically accounts for about 80% of the
Resources Policy
bill’s funding.

Overall Funding Totals

President Biden submitted his FY2023 budget request on March 28, 2022. The Administration
request included $57.548 billion for energy and water development agencies, an increase of $1.972 billion (4%) above the
FY2022 enacted amount, excluding emergency appropriations and adjustments.
The House passed the FY2023 Energy and Water Development appropriations bill as part of the six-bill Consolidated
Appropriations Act (H.R. 8294) on July 20, 2022, following House Appropriations Committee approval of a stand-alone
measure on June 28, 2022 (H.R. 8255, H.Rept. 117-394). Senator Dianne Feinstein, chair of the Senate Appropriations
Committee’s Subcommittee on Energy and Water Development, introduced an FY2023 Energy and Water Development
appropriations bill July 28, 2022 (S. 4660), and posted a draft explanatory statement on the Appropriations Committee
website.
FY2023 Energy and Water Development funding was included in the Consolidated Appropriations Act, 2023, passed by
Congress December 22, 2022, and signed into law December 29, 2022 (P.L. 118-328). Excluding emergency supplementals
and rescissions, the Consolidated Appropriations Act provides a total of $59.204 billion, 7% above the FY2022 enacted level,
as shown below:
Energy and Water Development Appropriations, FY2022 and FY2023
dollars in millions (and % change)
Agency
FY2022
FY2023 Request
FY2023 House
FY2023 S. 4660
FY2023
Enacted (%
(% Change from (% Change from (% Change from Enacted (%
Change from
FY2022
FY2022
FY2022
Change from
FY2021
Enacted)
Enacted)
Enacted)
FY2022
Enacted)
Enacted)
Corps of Engineers
8,343 (+7%)
6,601 (-21%)
8,889 (+7%)
8,758 (+5%)
8,310 (-%)
Bureau of
1,924 (+14%)
1,434 (-25%)
1,914 (-1%)
1,950 (+1%)
1,954 (+2%)
Reclamation/CUP
Department of Energy
44,856 (+13%)
49,004 (+9%)
48,340 (+8%)
49,495 (+10%)
48,445(+8%)
Independent Agencies
454 (+10%)
508 (+12%)
521 (+15%)
482 (+6%)
494 (+9%)
Total
55,576 (+12%)
57,548 (+4%)
59,664 (+7%)
60,685 (+9%)
59,204 (+7%)
Sources: Explanatory statement for Consolidated Appropriations Act, 2023; S. 4660 and draft explanatory statement; H.Rept. 117-
394; explanatory statement for H.R. 2371; CBO Estimate for H.R. 8294; FY2023 agency budget requests, S.Rept. 117-36, H.Rept.
117-98, H.R. 4502, explanatory statement of the Consolidated Appropriations Act, 2022.
Notes: Totals exclude rescissions and budget scorekeeping adjustments. CUP=Central Utah Project Completion Account. Enacted
amounts do not include emergency supplemental appropriations.
Major Issues
Congressional debate on Energy and Water Development appropriations for FY2023 includes several major initiatives and
issues. Some examples follow:
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Energy and Water Development: FY2023 Appropriations

 Western Drought. The Administration proposed funding for several Reclamation drought response-related
activities, which was increased by the enacted appropriations measure. The Inflation Reduction Act (IRA,
P.L. 117-169) provided Reclamation with $4.588 billion to address drought mitigation and related issues.
 Increased Funding for Energy Efficiency and Renewable Energy (EERE). The Administration requested an
EERE increase of $819 million (26%) over the FY2022 enacted amount, to $4.019 billion, excluding
several large EERE programs that are proposed to become separate offices. The enacted measure provided
$3.460 billion for EERE, including funding for the proposed separate offices. These amounts would be in
addition to $2.222 billion appropriated by the Infrastructure Investment and Jobs Act (IIJA, P.L. 117-58)
for EERE for FY2023 and $10.000 billion by IRA for energy efficiency through FY2031.
 Establishment of Office of Clean Energy Demonstrations. The Administration requested $214 million in
FY2023 to continue the startup of the DOE Office of Clean Energy Demonstrations (OCED). The enacted
measure provided $89 million, although that amount is in addition to $4.426 billion appropriated by IIJA
for the new office for FY2023 and $5.812 billion by IRA through FY2026.

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Energy and Water Development: FY2023 Appropriations

Introduction and Overview
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
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,
including the Nuclear Regulatory Commission (NRC) and the Appalachian Regional Commission
(ARC), in Title IV. Figure 1 compares the major components of the Energy and Water
Development appropriations bill from FY2021 through FY2023.
Figure 1. Funding for Major Components of Energy and Water Development
Appropriations Bill, FY2022 Through FY2023
(excluding supplementals)

Sources: Explanatory statement for Consolidated Appropriations Act, 2023; H.Rept. 117-394; S. 4660 and draft
explanatory statement; explanatory statement for H.R. 2371; CBO Estimate for H.R. 8294; S.Rept. 117-36; H.R.
4502; H.Rept. 117-98; Administration budget request for FY2022. Includes some adjustments; see tables 4-7 for
details.
Notes: Enacted amounts do not include supplemental appropriations or rescissions. CUP = Central Utah
Project Completion Account.
President Biden submitted his FY2023 budget request on March 28, 2022. The Administration
request included $57.548 billion for energy and water development agencies, an increase of
$1.972 billion (4%) above the FY2022 enacted amount, excluding emergency appropriations and
adjustments. DOE funding would have risen by $4.149 billion (9%) and independent agencies by
$55 million (12%), while USACE was to be reduced by $1.742 million (-21%), and Reclamation
and CUP by $490 million (-25%).
The House passed the FY2023 Energy and Water Development appropriations bill on July 20,
2022, as part of a “minibus” package of six FY2023 appropriations bills (H.R. 8294), by a 220-
207 vote. The House Appropriations Committee had approved the stand-alone Energy and Water
Development appropriations bill on June 28, 2022, by a vote of 32-26 (H.R. 8255, H.Rept. 117-
394). The House-passed bill totaled $59.664 billion, excluding rescissions and scorekeeping
adjustments, an increase of $4.088 billion (7%) over the enacted FY2022 amount and 4% above
the Administration request. DOE funding in the bill totaled $48.340 billion, an increase of $3.485
billion (8%) over the FY022 enacted level and a decrease of 1% from the request. The bill would
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Energy and Water Development: FY2023 Appropriations

have provided $8.889 billion for USACE, $546 million (7%) above FY2022 and 35% above the
request. Reclamation and CUP would have received $1.914 billion, $10 million (-1%) below the
FY2022 enacted amount but 33% above the request. The bill included $521 million for
independent agencies, $68 million (15%) above the FY2022 enacted amount and 3% above the
request.
Senator Dianne Feinstein, chair of the Senate Appropriations Committee’s Subcommittee on
Energy and Water Development, introduced an FY2023 Energy and Water Development
appropriations bill July 28, 2022 (S. 4660), and posted a draft explanatory statement on the
Appropriations Committee website.1 The bill’s total of $60.685 billion, excluding rescissions and
adjustments, was 9% above the FY2022 enacted amount and 5% above the Administration
request. Senator Richard Shelby, the Appropriations Committee’s Republican vice chairman,
referred to S. 4660 and other FY2023 appropriations bills introduced by Appropriations
Committee Democratic leaders as “partisan appropriations bills that spend billions more than
even the Administration’s wasteful request.”2 Committee action on the FY2023 appropriations
bills did not occur.
FY2023 Energy and Water Development funding was included in Division D of the Consolidated
Appropriations Act, 2023, passed by Congress December 22, 2022, and signed into law
December 29, 2022 (P.L. 118-328). Excluding emergency supplementals and rescissions, the
Consolidated Appropriations Act provides a total of $59.204 billion, 7% above the FY2022
enacted level. Division M of the act included emergency additional FY2023 appropriations of
$300 million for Nuclear Energy and $126 million for Defense Nuclear Nonproliferation.
Division N also provided supplemental appropriations of $1.480 billion for USACE, $1.000
billion for DOE’s Electricity account to improve Puerto Rico’s electricity grid, and $520 million
for the Western Area Power Administration.
The Infrastructure Investment and Jobs Act (IIJA; P.L. 117-58), the Disaster Relief Supplemental
Appropriations Act, 2022 (DRSAA; P.L. 117-43), and budget reconciliation measure commonly
referred to as the Inflation Reduction Act of 2022 (IRA; P.L. 117-169) provided additional
appropriations for energy and water development agencies, above the enacted amounts in the
Consolidated Appropriations Act for FY2022 and FY2023. For FY2022, IIJA and DRSAA
appropriated an additional $41.923 billion for energy and water agencies, with another $16.040
billion provided by IIJA for FY2023. IRA appropriated $4.588 billion for Reclamation and
$35.067 billion for DOE for FY2022, to remain available for as long as through FY2031.
Administration Request
DOE’s major program areas include energy, science, defense, and environmental management.
The Administration’s largest proposed increase in the energy programs area was for Energy
Efficiency and Renewable Energy, which would have risen by $819 million (26%) over the
FY2022 enacted amount, to $4.019 billion. This excluded several large Energy Efficiency and
Renewable Energy (EERE) programs, such as the Federal Energy Management Program (FEMP)
and low-income weatherization and state planning grants, which were proposed to become
separate offices in FY2023. The Advanced Research Projects Agency—Energy would have been
increased by $250 million (56%), to $700 million. Fossil Energy and Carbon Management would

1 Senate Appropriations Committee, “Explanatory Statement for the Energy and Water Development Appropriations
Bill, 2023,” https://www.appropriations.senate.gov/imo/media/doc/EWFY23RPT.PDF.
2 Senate Appropriations Committee, “Shelby: Democrats’ Partisan Bills Threaten FY23 Appropriations Process,”
minority news release, July 28, 2022, https://www.appropriations.senate.gov/news/minority/shelby-democrats-partisan-
bills-threaten-fy23-appropriations-process.
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have received an increase of $68 million (8%), to $893 million, including an increase of $110
million (49%) for carbon capture, utilization, and storage (CCUS). Funding for DOE’s Office of
Science would have been increased by $324 million (4%), to $7.799 billion, under the
Administration budget request, with Biological and Environmental Research rising by $89
million (11%). Funding for the National Nuclear Security Administration (NNSA), which is
responsible for nuclear warheads, nuclear weapons nonproliferation, and naval reactor research
and development (R&D), would have increased by $754 million (4%), to $21.410 billion.
Environmental Management (waste management and cleanup) would have increased by $348
million (4%), to $8.252 billion.3
The water agencies in the Energy and Water Development appropriations bill would have
received funding reductions under the FY2023 budget request. Discretionary appropriations in the
Energy and Water bill for USACE would have declined from their FY2022 enacted level by
$1.742 billion (-21%), to $6,601 billion. The FY2023 Administration request included no new
construction starts and three new project studies. Reclamation (separately from CUP) would have
been reduced by $487 million (-26%), to $1.414 billion.
Among the independent agencies funded by the bill, the Nuclear Regulatory Commission (NRC)
was to receive an increase in total appropriations from $888 million in FY2022 to $929 million in
FY2023 (up $42 million, or 5%). NRC’s budget is mostly offset by nuclear industry fees, which
may vary from year to year; the Administration proposed an increase in the agency’s net
appropriation from $131 million in FY2022 to $137 million in FY2023 (up $6 million, or 5%).
Funding for the Appalachian Regional Commission would have increased from $195 million in
FY2022 to $235 million in FY2023 (up $40 million, or 21%). Requested funding for smaller
regional authorities in the bill varied widely: Denali Commission, Delta Regional Authority, and
Southwest Border Regional Commission were unchanged from FY2022 enacted, while the
Northern Border Regional Commission was to increase by 3% and the Southeast Crescent
Regional Commission by 40%.
House-Passed Bill
DOE would have received $48.340 billion under the House-passed FY2023 Energy and Water
Development appropriations bill, excluding a rescission of $150 million. The bill would have
provided nearly the amount requested for the EERE account, but it included funding for FEMP
and low-income weatherization and state planning grants that the Administration had proposed
under separate accounts. Science would have been increased by $201 million (3%) and Nuclear
Energy by $105 million (6%) above the Administration request, while NNSA would have been
reduced by $178 million (-1%) from the request.
The House bill would have increased funding for water agencies from the Administration request:
USACE by $2.288 billion (35%) and Reclamation by $477 million (34%). The USACE amount
was 7% above the FY2022 enacted level, while Reclamation would have been reduced by 1%
from FY2022. The Appropriations Committee report supported USACE new project study starts
recommended by the Administration and a limited number of additional new project studies. The
bill’s funding for independent agencies was nearly the same as the Administration request except
for a $26 million (371%) increase for the Southeast Crescent Regional Commission. The bill

3 Including a budget amendment that requested an additional $191 million for Defense Environmental Cleanup,
submitted to Congress on June 7, 2022, https://www.whitehouse.gov/wp-content/uploads/2022/06/
FY_2023_Budget_Amendments_Package_6-7-22.pdf.
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included 145 community project funding (CPF) items (earmarks) for USACE, Reclamation, and
DOE.4
S. 4660 and Draft Explanatory Statement
For DOE, EERE funding would have been reduced by $220 million (-5%) from the
Administration request by S. 4660, which, as in the House-passed bill, would not have provided
separate accounts for FEMP and low-income weatherization and state planning grants. Funding
for the Office of Clean Energy Demonstrations would have been $39 million (-21%) lower than
the House-passed amount, while Science would have been $100 million (1%) and NNSA $870
million (4%) higher than the House levels.
Funding in S. 4660 for USACE would have been $131 million (-1%) below the House-passed
level, while funding for Reclamation would have been higher by $38 million (2%). Funding for
independent agencies would have been nearly the same as the House-passed amounts, except that
the Appalachian Regional Commission would have been lower by $20 million (-9%) and the
increase for the Southeast Crescent Regional Commission would have been reduced to $2
million. The draft explanatory statement listed 232 congressionally directed spending (CDS)
items for USACE, Reclamation, and DOE.
FY2023 Enacted Funding
DOE received $48.445 billion in the Consolidated Appropriations Act, 2023, excluding
emergency supplementals and rescissions. This was $3.590 billion (8%) above the FY2022
enacted level, $559 billion (1%) below the Administration request, $105 million (0%) below the
House-passed level, and $1.050 billion (2%) below the amount in S. 4660. Appropriations for
EERE were $559 million (14%) below the Administration request and, as in the House and
Senate measures, included the programs that the Administration had proposed under separate
accounts. The Office of Science received $8.100 billion, an increase of $301 million (4%) above
the request, while the Office of Clean Energy Demonstrations received $89 million, a $125
million (-58%) reduction from the request. However, the office had already been appropriated
$21.456 billion for FY2022-FY2026 by IIJA.
The Advanced Research Projects Agency—Energy (ARPA-E) received $470 million, $230
million (33%) below the request, but $20 million (4%) above the FY2022 level. NNSA received
$22.163 billion, an increase of $1.507 billion (7%) over the FY2022 enacted amount and $752
million (4%) above the request.
USACE received $8.310 billion, which was slightly below (less than 1%) the FY2022 enacted
level, $1.709 billion (26%) above the request, $579 million (7%) below the House-passed bill,
and $448 million (5%) below the amount in S. 4660. Reclamation received $1.931 billion, an
increase of $30 million (2%) over the FY2022 enacted amount. The Appalachian Regional
Commission and other regional development authorities received increases over their FY2022
enacted levels, with the largest being a $15 million (300%) increase for the Southeast Crescent
Regional Commission.
In addition to the regular annual appropriations provided by the Consolidated Appropriations Act,
2023, many of the agencies funded by the act received emergency supplemental and additional
appropriations for FY2023. IIJA was the primary source of the additional funding, along with P.L.

4 For general information about congressional earmarks, see CRS Report RS22866, Earmark Disclosure Rules in the
House: Member and Committee Requirements, by Megan S. Lynch.
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117-328 Divisions M and N and P.L. 117-180. DOE received $15.078 billion in additional
funding for FY2023, USACE received $2.580 billion, Reclamation and CUP received $1.660
billion, and the Appalachian Regional Commission received $200 million. Unspecified amounts
of prior-year funding under IIJA and IRA also remained available for some agencies. Including
offsets, total FY2023 funding for agencies in the Energy and Water Development appropriations
bill was $70.095 billion, according to the Explanatory Statement.
FY2022 Enacted Funding
Energy and Water Development appropriations for FY2022 were enacted as part of the
Consolidated Appropriations Act, 2022 (P.L. 117-103, Division D), passed by the House on
March 9, 2022, and by the Senate March 10, 2022, and signed by President Biden March 15,
2022. The enacted energy and water development funding totaled $55.576 billion, excluding
adjustments.
Energy Efficiency and Renewable Energy was appropriated $3.200 billion, $1.532 billion below
the request (-32%) but $338 million (12%) above the FY2021 enacted amount. ARPA-E received
$450 million, $50 million below the request (-10%), but $23 million (5%) above the FY2021
level, and the proposed Advanced Research Projects Agency—Climate (ARPA-C) was not
funded. The new Office of Clean Energy Demonstrations was appropriated $20 million, $380
million below the request (-95%). NNSA was appropriated a total of $20.656 billion, $913
million (5%) above the request and about the same increase from the FY2021 enacted level.
Water agencies received increases over the FY2022 request. USACE received $8.343 billion,
$1.551 billion (23%) above the request and $548 million (7%) above the FY2021 enacted
amount. Reclamation was appropriated $1.901 billion, $368 million (24%) above the request and
$231 million (14%) above the enacted FY2021 level. In addition, USACE received FY2022
supplemental appropriations of $5.711 billion in P.L. 117-43 and FY2022 emergency
appropriations of $14.969 billion in P.L. 117-58. Reclamation received an additional $210 million
in P.L. 117-43, $1.660 billion in P.L. 117-58, and $4.588 billion in P.L. 117-169. The explanatory
statement included 236 earmarks for Energy and Water Development agencies and programs: 156
for USACE, 15 for Reclamation, 2 for CESER, 54 for EERE, 3 for the Office of Electricity, and 6
for FECM.5
For more details, see
 CRS Report R46857, Energy and Water Development: FY2022 Appropriations,
by Mark Holt, Corrie E. Clark, and Anna E. Normand;
 CRS In Focus IF11846, Army Corps of Engineers: FY2022 Appropriations, by
Anna E. Normand and Nicole T. Carter;
 CRS In Focus IF11855, Bureau of Reclamation: FY2022 Appropriations, by
Charles V. Stern;
 CRS In Focus IF11945, U.S. Army Corps of Engineers: Supplemental
Appropriations, by Nicole T. Carter and Anna E. Normand;

5 For more details about the FY2022 Energy and Water Development earmarks, see Government Accountability Office
(GAO), Tracking the Funds: Specific Fiscal Year 2022 Provisions for U.S. Army Corps of Engineers, GAO-22-105919,
September 29, 2022, https://www.gao.gov/products/gao-22-105919; GAO, Tracking the Funds: Specific Fiscal Year
2022 Provisions for Department of the Interior, GAO-22-105904, September 12, 2022, https://www.gao.gov/products/
gao-22-105904; and GAO, Tracking the Funds: Specific Fiscal Year 2022 Provisions for Department of Energy, GAO-
22-105918, September 12, 2022, https://www.gao.gov/products/gao-22-105918.
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 CRS Insight IN11723, Infrastructure Investment and Jobs Act (IIJA) Funding for
U.S. Army Corps of Engineers (USACE) Civil Works: Policy Primer, by Nicole
T. Carter and Anna E. Normand; and
 CRS Report R47032, Bureau of Reclamation Provisions in the Infrastructure
Investment and Jobs Act (P.L. 117-58), by Charles V. Stern and Anna E.
Normand.
FY2023 Budgetary Limits
Congressional consideration of the annual Energy and Water Development appropriations bill
was affected by certain procedural and statutory budget enforcement requirements. These consist
primarily of procedural limits on discretionary spending (spending provided in annual
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
subcommittee.
The House passed a “deeming resolution” (H.Res. 1151) on June 8, 2022, to set an FY2023
discretionary appropriations total of $1,602.901 billion (approximately $1.6 trillion), which
would accommodate the Administration’s FY2023 request. The House Appropriations Committee
issued a report on June 22, 2022, with suballocations of the FY2023 discretionary total, pursuant
to Section 302(b) of the Congressional Budget Act of 1974, allocating $56.275 billion for the
Energy and Water Development bill.6 That was the amount included for Energy and Water
Development in H.R. 8294, after budget scorekeeping and other offsets, as passed by the House,
and $2.929 billion below the final FY2023 enacted amount (excluding adjustments).
Funding Issues and Initiatives
Several issues drew particular attention during congressional consideration of Energy and Water
Development appropriations for FY2023. The issues described in this section—listed
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
decreases, amount of congressional debate engendered, and potential impact on broader public
policy considerations.
Congressionally Directed Funding
The 117th Congress included earmarks for site-specific projects and other activities in the FY2022
and FY2023 appropriations process. (These were referred to as “community project funding”
(CPF) in the House and “congressionally directed spending” (CDS) in the Senate.) From the 112th
through the 116th Congresses, moratorium policies largely prohibited earmarks for such projects.
Funding for specific water projects constitutes the majority of the annual budget request for
USACE and Reclamation; during the moratorium, Congress appropriated funding above the
requested amounts for categories of work without identifying specific projects.
For FY2023, the House and Senate Appropriations committees invited Members of Congress to
request CPF/CDS items, respectively. Both the House-passed FY2023 bill and the draft
explanatory statement for S. 4660 included funding for site-specific studies and projects based on
the Administration request and CPF/CDS requests, while providing additional water project funds

6 House Appropriations Committee, Report on the Suballocation of Budget Allocations for Fiscal Year 2023,
https://docs.house.gov/meetings/AP/AP00/20220622/114945/HMKP-117-AP00-20220622-SD007.pdf.
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for agencies to allocate. The House Appropriations Committee report included 75 earmarks for
USACE, 6 for Reclamation, and 64 for DOE. The draft explanatory statement for S. 4660
included 129 earmarks for USACE, 10 for Reclamation, and 93 for DOE. The Energy and Water
Development earmarks totaled approximately $785 million in the House committee report and
$810 million in the Senate draft explanatory statement.
The explanatory statement for the Consolidated Appropriations Act, 2023, included 339 energy
and water development CPF/CDS projects totaling about $1.289 billion.7 This included 175 for
USACE, totaling about $1.020 billion, 12 for Reclamation, totaling about $47 million, and 152
for DOE, totaling about $222 million. DOE earmarks are provided under the Energy Projects
appropriations account.
USACE Funding
The Administration’s FY2023 budget request for USACE was $1.742 billion (-21%) lower than
the enacted FY2022 regular appropriations. As with previous budget requests, a majority of the
FY2023 request would have funded maintenance of existing infrastructure, as reflected by the
share of funds requested for the Operation and Maintenance (O&M) account. The share of
funding for construction in the FY2023 budget request was 19%, which was less than the 30% for
this account in FY2022 annual appropriations.
The Administration requested funding for three new USACE studies and no new construction
starts for FY2023. The enacted FY2022 annual appropriations funded 18 new studies and 4
construction projects, including those requested by the Administration, but did not provide the
Administration with authority to initiate additional starts with FY2022 work plan appropriations
beyond those provided for in the explanatory statement. Supplemental appropriations for FY2022
also funded 13 new studies and 38 new construction projects.8
Regular annual appropriations for USACE in Division D of the Consolidated Appropriations Act,
2023, totaled $8.310 billion, nearly the same as FY2022 regular appropriations. The proportion of
USACE regular appropriations for construction in FY2023 was 22%, compared with 30% in
FY2022, while regular appropriations for O&M were 61% in FY2023, compared with 55% in
FY2022. However, Division N provided USACE with $1.480 billion in supplemental funds.
While most of this funding ($1.130 billion) is limited to flood response and recovery for areas
affected by natural disasters,9 some is for construction and O&M of certain types of authorized
projects regardless of disaster impacts. In addition, the IIJA appropriated $1.080 billion for use in
FY2023, of which $1.000 billion is for navigation O&M activities,10 and P.L. 117-180 designated
$20 million in emergency funding for USACE environmental infrastructure assistance.

7 Compiled from PDF copies of combined Community Project Funding and Congressionally Directed Spending
provision data tables that appeared in the FY2023 Consolidated Appropriations Act Explanatory Statement reprinted in
the December 20, 2022, Congressional Record. Amounts given are the totals above the Administration request for each
earmark. Amounts over the presidential budget request level are considered Community Project Funding and
Congressionally Directed Spending for purposes of House and Senate rules.
8 Information provided to CRS by USACE on July 12, 2022.
9 USACE spend plans for flood response and recovery funds for natural disasters are available at USACE,
“Disaster Relief Supplemental Appropriations Act of 2023,” at https://www.usace.army.mil/Missions/
Civil-Works/Supplemental-Work/DRSAA23/.
10 USACE spend plans for IIJA are located at USACE, “Bipartisan Infrastructure Law,” at https://www.usace.army.mil/
Missions/Civil-Works/Supplemental-Work/BIL/.
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Pursuant to direction in the explanatory statement accompanying P.L. 117-328, Congress funded a
“limited number” of new starts with FY2023 regular appropriations; these included the
Administration’s request for three new studies and several requests from Members. In addition to
providing funds for the Administration’s requested studies and projects, Congress in the
explanatory statement (1) funded $1.020 billion for CPF/CDS items and (2) provided $562
million in additional funding and directed USACE to develop a work plan to distribute funds to
individual studies and projects. Division N also directed USACE to develop work plans for the
$350 million provided for construction and O&M of certain types of authorized projects.11
For more information, see CRS In Focus IF12090, U.S. Army Corps of Engineers: FY2023
Appropriations, by Anna E. Normand and Nicole T. Carter.
Western Drought
In late December 2022, when the Consolidated Appropriations Act, 2023 was enacted,
approximately 64% of the western United States was experiencing some level of drought.12 The
FY2023 budget request included funding for Reclamation programs addressing drought in
specific areas, such as funding for the Colorado River Drought Contingency Plans ($18.7 million
in the Lower Colorado River Basin and $3.7 million in the Upper Colorado River Basin) and
wildlife refuge water supply purchases in California’s Central Valley ($11.8 million), as well as
general drought grant funding for the Drought Response Program ($24.0 million). The
explanatory statement accompanying P.L. 117-328 included $50 million in additional funding for
implementing the Drought Contingency Plan in the Lower Colorado River Basin, and $10 million
in addition to the budget request for the Drought Response Program to go to activities in the
Klamath Basin.
In addition to regular appropriations, Congress has recently provided Reclamation with
supplemental appropriations to address drought. First, in September 2021, Congress included
$210 million in supplemental funding for Reclamation in the Disaster Relief Supplemental
Appropriations Act, 2022 (P.L. 117-43, Division B); these funds were provided to combat western
drought and wildfire. Then, in P.L. 117-169, enacted in August 2022, Congress approved an
additional $4.588 billion for Reclamation for western drought mitigation and related issues, with
$4 billion of these funds prioritized for drought-related actions in the Colorado River Basin.13
The drought has also led some Members to argue for more funding for the construction of new
water storage projects in the West pursuant to Reclamation’s authorities under Section 4007 of
the Water Infrastructure Improvements for the Nation Act (WIIN Act; P.L. 114-322).14 The
executive branch typically requests no such funding in the budget; Congress has added funding
for this authority in every year since FY2017. For FY2023 appropriations, the explanatory
statement recommended $134 million of additional funding amounts for these projects.
For more information, see CRS In Focus IF12127, Bureau of Reclamation: FY2023 Budget and
Appropriations, by Charles V. Stern.

11 USACE work plans for FY2023 are available at USACE, “Civil Works Budget and Performance,” at
https://www.usace.army.mil/Missions/Civil-Works/Budget/#Work-Plans.
12 U.S. Drought Monitor, Western U.S. Percent Area in Drought as of December 27, 2022,
https://droughtmonitor.unl.edu/Maps/MapArchive.aspxhttps://droughtmonitor.unl.edu/DmData/DataGraphs.aspx.
13 §§50231-50233 and §80004 of P.L. 117-169.
14 For more information on these projects, see CRS In Focus IF10626, Reclamation Water Storage Projects: Section
4007 of the Water Infrastructure Improvements for the Nation Act, by Charles V. Stern.
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Energy Efficiency and Renewable Energy Funding Increases and
Reorganization
The Biden Administration proposed a 26% increase in the EERE appropriations account—from
$3.200 billion in FY2022 to $4.019 billion in FY2023 (an increase of $819 million). EERE
programs with the largest requested increases were Wind Energy Technologies (up $231 million,
or 203%), Geothermal Technologies (up $93 million, or 84%), Solar Energy Technologies (up
$245 million, or 84%), Renewable Energy Grid Integration (up $18 million, or 44%), and Vehicle
Technologies (up $183 million, or 44%).
Those increases did not include several major EERE programs that the Administration proposed
moving to separate DOE offices. FEMP would have received $170 million in FY2023 under the
request, and the Office of State and Community Energy Programs, which handles state energy
planning grants and low-income home weatherization assistance, would have received $727
million. The proposed new Office of Manufacturing and Energy Supply Chains would have
received $27 million in FY2023. Including those proposed separate offices in the EERE request
brought the total request to $4.943 billion, 54% above the FY2022 EERE total.
The House-passed bill would have provided nearly the amount requested for the EERE account
($4.016 billion), but it included funding for FEMP and low-income weatherization and state
planning grants that the Administration had proposed under separate accounts. S. 4660 also
included all those accounts under EERE, as in the past, with a total of $3.799 billion. The
Consolidated Appropriations Act, 2023, provided $3.460 billion for EERE, including the
proposed separate accounts. This constituted an increase of $260 million (8%) over the FY2022
regular appropriations and $1.723 billion (-43%) below the Administration request, including the
proposed separate accounts.
IIJA appropriated $16.264 billion in FY2022 through FY2026 in additional emergency spending
for EERE programs, of which $8.207 billion was for FY2022 and $2.222 billion was for FY2023.
EERE received $17.962 billion in additional funding in IRA, available from FY2022 through
FY2026, FY2027, FY2029, or FY2031, depending upon the provision.
For more details, see CRS In Focus IF12236, DOE Office of Energy Efficiency and Renewable
Energy FY2023 Appropriations, by Corrie E. Clark and Melissa N. Diaz.
Focus on Carbon Capture, Utilization, and Storage (CCUS) and
Carbon Removal
The Administration requested $479 million for Carbon Management Technologies for FY2023,
much of which was for CCUS and carbon removal R&D activities. The request included an
increase of $110 million (49%) for CCUS technologies in the Office of Fossil Energy and Carbon
Management (FECM) above the FY2022 enacted appropriation. The $335 million CCUS budget
request included a 72% increase in the Carbon Utilization program and a boost of 65% for
Carbon Capture. Other FECM budget priorities included methane mitigation, carbon dioxide
removal, domestic critical minerals production, and hydrogen production coupled with CCUS
(sometimes called blue hydrogen).15 The requested funds were in addition to IIJA FY2023
appropriations of $1.445 billion for FECM and $2.097 billion to capitalize the Carbon Dioxide
Transportation Infrastructure Finance and Innovation (CIFIA) program.

15 DOE, FY 2023 Congressional Budget Request, vol. 4, https://www.energy.gov/sites/default/files/2022-04/doe-
fy2023-budget-volume-4-fecm.pdf.
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The FY2023 Administration request included $3 million to support the Interagency Working
Group on Coal and Power Plant Communities and Economic Revitalization, which was
established pursuant to Executive Order 14008, “Tackling the Climate Crisis at Home and
Abroad.”16 The requested funds were to “support targeted investments across the Federal
government to help affected communities impacted by the climate crisis and shift to a clean
energy economy.”17
The House-passed bill included $479 million for Carbon Management Technologies, including
CCUS and carbon removal.18 For CCUS, the committee called for particular focus on carbon
capture at natural gas power plants, including not less than $20 million for research and
optimization of such technologies, and up to $60 million “to support front-end engineering and
design studies, including for the development of a first-of-its-kind carbon capture project at an
existing natural gas combined cycle plant.” On September 23, 2022, DOE announced $2.54
billion in IIJA funding available for front-end engineering and design studies for carbon capture
facilities, including facilities designed to capture carbon dioxide from natural gas power plants.19
For carbon removal, the House appropriations bill would have provided not less than $175
million overall—$65 million from FECM, $26 million from EERE, and $84 million from
Science.
The draft explanatory statement for S. 4660 included $466 million for Carbon Management
Technologies. Up to $90 million was to be provided “to support front-end engineering and design
studies, large pilot projects, and demonstration projects” for carbon capture and at least $40
million for the CarbonSAFE transport and storage program. For carbon removal, S. 4660 would
have provided not less than $180 million overall—not less than $75 million from FECM, $26
million from EERE, and $90 million from Science.
The Consolidated Appropriations Act, 2023, provided $460 million for Carbon Management
Technologies, a decrease of $19 million (-4%) from the Administration request. The largest
decrease from the request was for Carbon Capture (down by $28 million, or -17%), and the
largest increase from the request was for Hydrogen with Carbon Management (up by $21 million,
or 28%).
Increases for DOE Loan Programs
The Administration’s FY2023 budget request included $150 million to pay for credit subsidy
costs for qualifying projects under DOE’s Title 17 Innovative Technology Loan Guarantee
Program. The same amount for subsidy costs was requested in FY2022 but not approved. The
FY2023 budget justification called for the annual appropriation for Title 17 subsidy costs to
continue and gradually increase to $164 million in FY2027.20

16 Executive Order 14008, “Tackling the Climate Crisis at Home and Abroad,” Section 218, January 27, 2021,
https://downloads.regulations.gov/EPA-HQ-OPPT-2021-0202-0012/content.pdf. Additional information about the
working group is available at https://energycommunities.gov/.
17 DOE, FY 2023 Congressional Budget Justification, vol. 4, https://www.energy.gov/sites/default/files/2022-04/doe-
fy2023-budget-volume-4-fecm.pdf.
18 For background information on carbon capture, utilization, and storage (CCUS), see CRS Report R44902, Carbon
Capture and Sequestration (CCS) in the United States, by Angela C. Jones and Ashley J. Lawson.
19 DOE, “Funding Notice: Bipartisan Infrastructure Law: Carbon Capture Demonstration Projects Program,”
https://www.energy.gov/fecm/funding-notice-bipartisan-infrastructure-law-carbon-capture-demonstration-projects-
program.
20 DOE, FY 2023 Congressional Budget Justification, vol. 3, https://www.energy.gov/sites/default/files/2022-04/doe-
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Subsidy cost payments, which reflect the budgetary effects of federal credit programs, are
required up-front by the Federal Credit Reform Act of 1990 (FCRA; Section 13201 of P.L. 101-
58). For Title 17 loan guarantees, subsidy costs can be paid through appropriations, by the
borrower, or a combination thereof. The Office of Management and Budget provides guidance for
calculating subsidy costs, which are unique to each qualifying project.21 From an overall project
portfolio perspective, Title 17 subsidy costs range from 10% to 15% of loan guarantee
commitments.
Title 17 (XVII) of the Energy Policy Act of 2005 (EPACT05; P.L. 109-58, as amended at 42
U.S.C. §§16511 et seq.) authorizes DOE to guarantee loans for projects that meet the following
criteria:
1. Avoid, reduce, utilize, or sequester air pollutants or greenhouse gas emissions,
and
2. Employ new or significantly improved technologies, including projects that
employ elements of commercial technologies in combination with new or
significantly improved technologies.
To date, the original and ongoing Title 17 authority—referred to as Section 1703—has provided
financial support for two projects. The most recent Section 1703 loan guarantee, issued in June
2022, was for $504.4 million to finance a hydrogen energy storage facility in Utah.22 Most Title
17 loan guarantee commitments were provided under a temporary authority—referred to as
Section 1705—that expired in September 2011.23
Approximately $61.9 billion of loan guarantee authority is currently available for Section 1703
projects, after a $40 billion increase by IRA. One factor that has resulted in low utilization of
Section 1703 authority is the requirement for most borrowers to pay for all or a portion of a
project’s credit subsidy cost. Congress appropriated $170 million in 2011 for Section 1703
renewable energy and efficient energy projects, subsequently reduced to $161 million after a
rescission and transfer. IRA appropriated an additional $3.6 billion for Section 1703 subsidy
costs. IRA also established a time-limited (available through FY2026), $250 billion Title 17 loan
guarantee commitment authority—Section 1706—for “Energy Infrastructure Reinvestment
Financing.” IRA appropriated $5 billion to carry out the Section 1706 program.
The additional $150 million credit subsidy appropriation requested by the Administration for
FY2023 would have supported up to $5 billion in loan guarantees. The Administration proposed
provisions to allow these loan guarantees to be used for projects authorized by IIJA but currently
prohibited from using existing Title 17 authority. These projects could have state support and
would not be required to employ significantly improved technology.
For DOE’s Advanced Technology Vehicle Manufacturing (ATVM) loan program, the
Administration proposed expanding eligible projects to additional types of vehicle technology,
including “advanced medium- and heavy-duty vehicles, locomotives, maritime vessels, aircraft,

fy2023-budget-volume-3-lpo-v3.pdf.
21 See OMB Circular A-11, Part 5, Section 185, “Federal Credit,” available at https://www.whitehouse.gov/wp-content/
uploads/2018/06/s185.pdf.
22 DOE Loan Programs Office, “Advanced Clean Energy Storage,” https://www.energy.gov/lpo/advanced-clean-
energy-storage.
23 For additional information, see CRS Insight IN11432, Department of Energy Loan Programs: Title XVII Innovative
Technology Loan Guarantees, by Phillip Brown et al.
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and hyperloop technology.”24 The Consolidated Appropriations Act, 2023—as did the House-
passed bill and S. 4660—included funding only for administrative expenses for the Title 17 loan
guarantee program and ATVM loan program, excluding the proposed Administration initiatives.
For DOE’s Tribal Energy Loan Guarantee Program (TELGP), the Administration expressed
support for continuing authority provided in the FY2022 appropriations act that allows applicants
to apply for direct loans. Both the House-passed bill and S. 4660 would have increased
appropriations for this program from the Administration’s request of $1.9 million to $10 million,
while the enacted measure provided $4 million. IRA had previously increased TELGP’s loan
guarantee authority to $20 billion and appropriated $75 million for the program.
For more information, see CRS Insight IN11984, Inflation Reduction Act of 2022 (IRA):
Department of Energy Loan Guarantee Programs, by Phillip Brown.
Startup of the Office of Clean Energy Demonstrations
The Administration requested $214 million in FY2023 to continue the startup of the DOE Office
of Clean Energy Demonstrations (OCED), which was authorized and initially funded by IIJA (see
Table 1). The House-passed bill included $189 million for OCED, S. 4660 would have provided
$150 million, and the enacted measure appropriated $89 million.
OCED funds clean energy and industrial decarbonization demonstration projects for potential
commercialization. For FY2023, OCED is planning to solicit proposals to demonstrate
technologies “that integrate renewable and distributed energy systems with broader energy
networks” in addition to IIJA-funded programs.25 OCED is also taking over DOE support for two
advanced nuclear reactor demonstration projects previously overseen by the DOE Office of
Nuclear Energy.
DOE requested $25 million in FY2023 for 90 full-time equivalent (FTE) staff for OCED program
direction. For FY2022, OCED received $20 million, in addition to $21.456 billion appropriated to
OCED for FY2022-FY2026 by IIJA (see Table 1). IRA appropriated $5.812 billion for an OCED
program on Advanced Industrial Facilities Deployment for FY2022-FY2026.
Table 1. Additional Appropriations for Clean Energy Demonstrations in
Infrastructure Investment and Jobs Act (P.L. 117-58)
(budget authority in millions of current dollars)

Program
FY2022 FY2023 FY2024 FY2025 FY2026
Total
Energy Storage Demonstration Pilot
88.8
88.8
88.8
88.8
—
355.0
Grants Program
Long-Duration Demonstration Initiative
37.5
37.5
37.5
37.5
—
150.0
and Joint Program
Advanced Reactor Demonstration
677.0
600.0
600.0
600.0
—
2,477.0
Program
Carbon Capture Large-scale Pilot
387.0
200.0
200.0
150.0
—
937.0
Projects

24 DOE, FY 2023 Congressional Budget Justification, vol. 3, https://www.energy.gov/sites/default/files/2022-04/doe-
fy2023-budget-volume-3-lpo-v3.pdf.
25 DOE, FY 2023 Congressional Budget Justification, vol. 4, https://www.energy.gov/sites/default/files/2022-04/doe-
fy2023-budget-volume-3-oced-1.pdf.
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Program
FY2022 FY2023 FY2024 FY2025 FY2026
Total
Carbon Capture Demonstration Projects
937.0
500.0
500.0
600.0
—
2,537.0
Industrial Emission Demonstration
100.0
100.0
150.0
150.0
—
500.0
Projects
Clean Energy Demonstration Program
100.0
100.0
100.0
100.0
100.0
500.0
on Current and Former Mine Land
Regional Clean Hydrogen Hubs
1,600.0 1,600.0 1,600.0 1,600.0 1,600.0
8,000.0
Program Upgrading Our Electric Grid
1,000.0 1,000.0 1,000.0 1,000.0 1,000.0
5,000.0
and Ensuring Reliability and Resiliency
Energy improvement in rural and remote
200.0
200.0
200.0
200.0
200.0
1,000.0
areas
Total
5,127.3 4,426.3 4,476.3 4,526.3 2,900.0 21,456.0
3% set-aside for program administration
153.8
132.8
134.3
135.8
87.0
643.7
Source: P.L. 117-58, Division J.
Note: Appropriations would be in addition to other amounts made available for these purposes.
Increases in Crosscutting Hydrogen Funding
The DOE hydrogen program includes several offices with responsibility for supporting hydrogen
work based on different primary sources of energy (e.g., renewable, fossil, nuclear) and types of
end-use (e.g., vehicles, portable power, thermal comfort). DOE’s FY2023 request for hydrogen
appropriations totaled $406 million, an increase of $76 million (23%) over the FY2022 level.
Most of the hydrogen funding comes from EERE and FECM, with smaller amounts from Nuclear
Energy and Science. DOE launched a “Hydrogen Shot” initiative in June 2021—one of its
“Energy Earthshots” dedicated to the scale-up of emerging clean energy technologies—with a
goal of making hydrogen, produced through electrolysis, commercially available at a cost of $1
for 1 kilogram in 1 decade, not including delivery and dispensing.
The House-passed bill and S. 4660 draft explanatory statement did not provide totals for the
crosscutting hydrogen program. The House Appropriations Committee report directed DOE “to
continue to emphasize hydrogen production and the development of hydrogen refueling
infrastructure nationwide to accelerate the adoption of zero-emission fuel cell transportation.”
The Senate draft explanatory statement supported DOE’s “continued coordination on hydrogen
energy and fuel cell technologies in order to maximize the effectiveness of investments in
hydrogen-related activities.”
The FY2023 explanatory statement directed DOE to spend at least $316 million for the hydrogen
crosscut: $163 million from EERE, $113 million from FECM, $23 million from NE, and $17
million from the Office of Science. Those hydrogen activities are to be coordinated with the
Office of Electricity, the Office of Clean Energy Demonstrations, and ARPA-E, according to the
explanatory statement.
In addition to funding in the Energy and Water Development appropriations bill, IIJA
appropriated $9.500 billion for three hydrogen- and fuel cell-related DOE programs from FY2022
to FY2026 ($1.900 billion in FY2023). The largest of these, the Regional Clean Hydrogen Hubs
in the Office of Clean Energy Demonstrations, was appropriated $8.000 billion to support
demonstration projects involving networks of clean hydrogen producers and consumers and the
connecting infrastructure. DOE plans to select 6 to 10 hubs with combined total funding of an
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estimated $6-$7 billion, with a “preferred maximum” of $1.250 billion per hub. The balance of
the $8 billion appropriated for the hubs in the IIJA may be reserved for additional hubs or other
supporting activities.
(For more information, see CRS In Focus IF12163, Department of Energy Funding for Hydrogen
and Fuel Cell Technology Programs, by Martin C. Offutt.)
Overall Level Funding for Weapons Activities
The FY2023 budget request for DOE Weapons Activities was 4% higher than the FY2022
enacted level ($16.486 billion vs. $15.920 billion). Weapons Activities programs are carried out
by the National Nuclear Security Administration (NNSA), a semiautonomous agency within
DOE. The House-passed bill included $16.333 billion for Weapons Activities (-1% below the
request), while S. 4660 would provide $16.986 billion (3% above the request). The enacted
amount was $17.116 billion, an increase of $1.196 billion (8%) over the FY2022 enacted level.
Under Weapons Activities, the FY2023 budget request included funding for several major nuclear
warhead life-extension programs (LEPs):
 NNSA requested $672 million for the B61-12 LEP in FY2023, a decrease of
$100 million (-13%) from the FY2022 enacted amount. The B61-12 LEP is to
combine four existing variants of the B61 gravity bomb. Both the House-passed
bill and S. 4660 included the requested amount, as did the enacted measure.
 NNSA proposed $162 million for the W88 Alteration in FY2023, a reduction of
$45 million (-22%) from the FY2022 amount. The program is to upgrade 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
(Trident) submarine-launched ballistic missiles (SLBMs). Both the House-passed
bill and S. 4660 included the requested amount, as did the enacted measure.
 NNSA requested $1.122 billion for the W80-4 in FY2023, an increase of $42
million (4%) over the FY2021 level. This is the warhead for a new long-range
cruise missile. The LEP would seek to use common components from other LEPs
and to improve warhead safety and security. Both the House-passed bill and S.
4660 included the requested amount, which was also provided by the enacted
measure.
 NNSA requested $680 million for the W87-1 warhead modification program for
FY2023, a decrease of $11 million (-2%) from FY2021. The Air Force plans to
deploy the W87-1 on the new U.S. land-based intercontinental ballistic missile
(ICBM), the Ground-Based Strategic Deterrent (GBSD). This would provide the
Air Force with an alternative warhead if the W87-1 FPU is delayed. Both the
House-passed bill and S. 4660 included the requested amount, as did the enacted
measure.
 NNSA requested $241 million for the W93 warhead, which is a new design
intended for deployment on ballistic missile submarines by 2040.26 The full
amount was approved by the enacted measure.
Both the House Appropriations Committee report and the S. 4660 draft Explanatory Statement
expressed concerns about NNSA’s schedule for developing production capacity for plutonium

26 Center for Arms Control and Non-Proliferation, “Fact Sheet: The W93 Warhead,” January 28, 2021,
https://armscontrolcenter.org/the-w93-warhead.
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pits, a central component of nuclear warheads. The House Committee report said, “The slip in
schedule for achieving a production rate of 50 plutonium pits per year at the Savannah River Site
is symptomatic of the lack of a fully mature, risk-informed integrated master schedule (IMS).”
The explanatory statement, echoing language in the draft report on S. 4660, directs NNSA to
issue a two-site plan “covering the entirety of the work required to produce 80 pits per year.”
NNSA announced the two-site strategy on February 9, 2023.27 Pit production is included under
Primary Capability Modernization, which received an enacted appropriation of $3.144 billion, an
increase of $476 million above the request.
Appropriations for NNSA nuclear weapons activities and other defense programs typically
closely track the levels authorized in annual National Defense Authorization Acts (NDAAs). The
House passed the NDAA for FY2023 on July 14, 2022 (H.R. 7900) and the Senate Armed
Services Committee reported its version on July 18, 2022 (S. 4543, S.Rept. 117-130). It was
signed into law December 23, 2022 (P.L. 117-263).
Cleanup of Former Nuclear Sites: Adequacy of Proposed Funding
DOE’s Office of Environmental Management (EM) is responsible for environmental cleanup and
waste management at the department’s nuclear facilities. The $8.252 billion request for EM
activities for FY2023 was $754 million (4%) above the FY2022 enacted level of $7.904 billion.
The House-passed bill included $7.880 billion for EM (nearly the same as FY2022), while S.
4660 would have provided $8.307 billion (up 5% from FY2022). The Consolidated
Appropriations Act, 2023, provided a total of $8.263 billion for EM programs, about the same as
the request and up 5% from the FY2022 enacted amount.
The primary budgetary component of the EM program is the Defense Environmental Cleanup
account, which finances the cleanup of former nuclear weapons production sites. For FY2023, the
Administration requested $7.106 billion, 6% above the FY2022 enacted amount. The House-
passed bill and S. 4660 would have provided $6.723 billion and $7.064 billion, respectively, for
that account, while the enacted measure provided $7.025 billion (5% above FY2022). For the
Non-Defense Environmental Cleanup account, which funds the cleanup of federal nuclear energy
research sites, the request was $323 million, while the House-passed bill included $334 million
and S. 4660 $374 million. The enacted measure provided $359 million, 7% above the FY2022
amount. The third component of the EM budget is the Uranium Enrichment Decontamination and
Decommissioning Fund, for which the FY2023 request was $822 million, while the House-
passed bill would have provided $823 million and S. 4660 $869 million. The enacted measure
provides $879 million, a 2% increase from FY2022. This fund was established by Title XI of the
Energy Policy Act of 1992 (P.L. 102-486) to pay for the cleanup of three federal facilities that
enriched uranium for national defense and civilian purposes, located near Paducah, KY; Piketon,
OH (Portsmouth plant); and Oak Ridge, TN.
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
enforceable measures incorporated into compliance agreements negotiated among DOE, 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.

27 NNSA, “NNSA Approves Start of Construction for Plutonium Pit Production Subproject at Los Alamos National
Laboratory,” February 9, 2023, https://www.energy.gov/nnsa/articles/nnsa-approves-start-construction-plutonium-pit-
production-subproject-los-alamos.
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The House Appropriations Committee report criticized the Administration’s request for increasing
Defense Environmental Cleanup funding for some sites at the expense of others, such as Hanford
(WA) and Savannah River (SC). According to the committee report, “The recommendation
continues to fund a balanced approach that sustains the momentum of ongoing cleanup activities
more consistently across all Department cleanup sites.”
Bill Status and Recent Funding History
Table 2 indicates the steps taken during consideration of FY2023 Energy and Water Development
appropriations. (For more details, see the CRS Appropriations Status Table at http://www.crs.gov/
AppropriationsStatusTable/Index.)
Table 2. Status of Energy and Water Development Appropriations, FY2023
Subcommittee
Markup

Final Approval

House
House
Senate
Senate
Conf.
Public
House
Senate Comm.
Passed
Comm.
Passed
Report
House
Senate
Law
6/21/22
None
6/28/22
7/20/22
None
None
None
12/23/22 12/22/22 12/29/22
Source: CRS Appropriations Status Table.
Notes: The House Energy and Water Development appropriations bil was combined with five others for initial
House passage (H.R. 8294). Instead of a conference report, an explanatory statement was published in the
Congressional Record on December 20, 2022.
Table 3 includes budget totals for regular (excluding supplementals) energy and water
development appropriations enacted for FY2017 through FY2023.
Table 3. Energy and Water Development Appropriations, FY2017-FY2023
(budget authority in billions of current dollars)
FY2017 FY2018 FY201
FY2020 FY2021 FY2022 FY2023
FY2023 FY2023
FY2023
9
Request
House S. 4660
Approp
38.9a
43.3b
44.7c
48.4d
49.5
55.6e
57.5
59.7
60.7
59.2
Source: Compiled by CRS from totals provided by congressional budget documents.
Notes: Figures exclude permanent budget authorities, scorekeeping adjustments, rescissions, and emergency
funding.
a. Amount does not include $1.0 bil ion in emergency funding for the USACE (P.L. 114-254).
b. Amount does not include $17.4 bil ion in emergency funding for USACE and DOE (P.L. 115-123).
c. Amount does not include supplemental funding provided by P.L. 116-20 ($3.3 bil ion for USACE and $16
mil ion for Reclamation).
d. Amount does not include supplemental funding provided by P.L. 116-136.
e. Does not include appropriations from P.L. 117-58, P.L. 117-43, P.L. 117-169. Does not include budget
scorekeeping adjustments.
Description of Major Energy and Water Programs
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
Utah Project); Title III—Department of Energy; and Title IV—Independent Agencies, as shown
in Table 4. Major programs in the bill are described in this section in the approximate order they
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appear in the bill. Previous appropriations and the amounts recommended and approved during
the major stages of the FY2023 appropriations process are shown in the accompanying tables,
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 “Funding
Issues and Initiatives,” above. Congressional clients may obtain more detailed information by
contacting CRS analysts listed in CRS Report R42638, Appropriations: CRS Experts, by James
M. Specht and Justin Murray.
Table 4. Energy and Water Development Appropriations Summary
(budget authority in millions of current dollars)
FY2019
FY2020
FY2021 FY2022 FY2023 FY2023 FY2023 FY2023
Title
Approp Approp Approp Approp Request
House S. 4660 Approp
Title I: Corps of
6,999
7,650
7,795
8,343
6,601
8,889
8,758
8,310
Engineers
Title II: CUP and
1,565
1,680
1,691
1,924
1,434
1,914
1,950
1,954
Reclamation
Title III:
35,709
38,657
39,625
44,856
49,004
48,340
49,495
48,445
Department of
Energy
Title IV:
390
407
414
454
508
521
482
494
Independent
Agencies
General provisions
21
—
—
—
—
—
—
—
Subtotal
44,684
48,395
49,525
55,576
57,548
59,664
60,685
59,204
Rescissions and
-24
-71
-73
-2,704
-2,018
-3,389
-3,140
10,891
Scorekeeping
Adjustmentsa
E&W Total
44,660
48,324
49,452
52,872
55,530
56,275
57,540
70,095
Sources: P.L. 117-328 and explanatory statement; S. 4660 and draft explanatory statement; H.Rept. 117-394;
explanatory statement for H.R. 2371; CBO Estimate for H.R. 8294; S.Rept. 117-36; H.Rept. 117-98; H.R. 4502;
FY2022 agency budget justifications; explanatory statement for H.R. 133, 116th Congress; 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. 1865, 116th Congress; S.Rept. 116-102; S. 2470; H.R. 2740; CBO Current Status
Report; H.Rept. 116-83; H.Rept. 115-929; and S.Rept. 115-258. Excludes emergency appropriations. Subtotals
may include other 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
enforcement purposes. These scorekeeping adjustments may include rescissions and offsetting revenues
from various sources.
Agency Budget Justifications
FY2023 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
detailed descriptions and funding breakouts for programs, projects, and activities under the
agencies’ jurisdiction.
 Title I, U.S. Army Corps of Engineers, Civil Works, http://www.usace.army.mil/
Missions/CivilWorks/Budget (see Table 5)
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 Title II (see Table 7)
 Bureau of Reclamation, https://www.usbr.gov/budget/
 Central Utah Project, https://www.doi.gov/sites/doi.gov/files/fy2022-cupca-
budget-justification.pdf
 Title III, Department of Energy, https://www.energy.gov/cfo/articles/fy-2023-
budget-justification (see Table 8)
 Title IV, Independent Agencies (see Table 12)
 Appalachian Regional Commission, https://www.arc.gov/budget-
performance-and-policy
 Nuclear Regulatory Commission, https://www.nrc.gov/reading-rm/doc-
collections/nuregs/staff/sr1100/
 Defense Nuclear Facilities Safety Board, https://www.dnfsb.gov/about/
congressional-budget-requests
 Nuclear Waste Technical Review Board, http://www.nwtrb.gov/about-us/
plans
Army Corps of Engineers
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
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
reduction, and aquatic ecosystem restoration.28
In recent decades, Congress has generally authorized USACE studies, construction projects, and
other activities in omnibus water authorization bills, typically titled as Water Resources
Development Acts (WRDA), prior to funding them through appropriations legislation. Recent
Congresses enacted omnibus water resources authorization acts in 2014, 2016, 2018, 2020, and
2022. (The latest WRDA was Title LXXXI of Division H of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023, P.L. 117-263.) These acts consisted largely of
authorizations for new USACE projects, and they altered numerous USACE policies and
procedures.29
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.
Instead, USACE generally is directly involved in planning, designing, and managing the
construction of projects that are cost-shared with nonfederal project sponsors.
Policies in the 112th through the 116th Congresses limited congressionally directed funding of site-
specific projects (i.e., earmarks). Prior to the 112th Congress, Congress would direct funds to
specific projects not in the budget request or increase funds for certain projects. For FY2011-
FY2021, Congress appropriated additional funding for categories of USACE work without

28 Military responsibilities are funded through the Military Construction, Veterans Affairs, and Related Agencies
appropriations bill.
29 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, Army Corps of
Engineers: Water Resource Authorization and Project Delivery Processes, by Nicole T. Carter and Anna E. Normand.
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identifying specific projects. During that period, after congressional enactment of the
appropriations legislation and accompanying report language on priorities and other guidance for
use of the additional funding, the Administration developed a work plan that reported on (1) the
studies and construction projects selected to receive funding for the first time (new starts) and (2)
the specific studies and projects receiving additional funds. For FY2022 and FY2023, Congress
approved earmarks in specified categories, in addition to providing additional funding for specific
categories for USACE to allocate in work plans.30 For more information, see CRS Report
R46320, U.S. Army Corps of Engineers: Annual Appropriations Process, by Anna E. Normand
and Nicole T. Carter.
Table 5 shows USACE appropriations accounts from FY2019 through FY2023.
Table 5. Army Corps of Engineers
(budget authority in millions of current dollars)
FY2019
FY2020
FY2021
FY2022
FY2023
FY2023 FY2023
FY2023
Program
Approp
Approp
Approp
Approp Request
House
S. 4660
Approp
Investigations
125.0
151.0
153.0
143.0
105.9
160.0
165.7
172.5
Construction
2,183.0
2,681.0
2,692.6
2,492.8
1,221.3
2,475.2
2,159.6
1,808.8
Mississippi
368.0
375.0
380.0
370.0
225.0
350.0
373.1
370.0
River and
Tributaries
(MR&T)
Operation and
3,739.5
3,790.0
3,849.7
4,570.0
2,599.1
5,153.0
5,131.6
5,078.5
Maintenance
(O&M)
Regulatory
200.0
210.0
210.0
212.0
210.0
213.0
213.0
218.0
General
193.0
203.0
206.0
208.0
200.0
212.0
215.0
215.0
Expenses
FUSRAP
150.0
200.0
250.0
300.0
250.0
278.3
450.0
400.0
Flood Control
35.0
35.0
35.0
35.0
35.0
35.0
35.0
35.0
and Coastal
Emergencies
(FCCE)
Office of the
5.0
5.0
5.0
5.0
5.0
5.0
5.0
5.0
Asst. Secretary
of the Army
WIFIA
—
—
14.2
7.2
10.0
7.2
10.0
7.2
Programb
Harbor
—
—
—
—
1,726.0a
—
—
—
Maintenance
Trust Fund

30 USACE work plans are available at USACE, “Civil Works Budget and Performance”, at
https://www.usace.army.mil/Missions/Civil-Works/Budget/#Work-Plans.
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FY2019
FY2020
FY2021
FY2022
FY2023
FY2023 FY2023
FY2023
Program
Approp
Approp
Approp
Approp Request
House
S. 4660
Approp
Inland
—
—
—
—
13.8a
—
—
—
Waterways
Trust Fund
Rescissions
—
—
-0.5
—
—
—
—
—
Total Title I
6,998.5
7,650.0
7,795.0 8,343.0
6,601.0
8,888.7
8,758.0
8,310
Sources: P.L. 117-328 and explanatory statement; S. 4660 and draft explanatory statement; explanatory
statement for H.R. 2371; CBO Estimate for H.R. 8294; S.Rept. 117-36; H.Rept. 117-98; H.R. 4502; USACE Civil
Works FY2022 Budget; explanatory statement for H.R. 133, 116th Congress; 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. 1865, 116th Congress; S.Rept. 116-102; S. 2470; H.R. 2740; CBO Current Status Report;
H.Rept. 116-83; FY2020 Budget Justification; 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/Missions/Civil-Works/Budget/.
Notes: 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
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
activities directly from the trust funds. This would have replaced the current practice of having USACE’s
O&M, 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
maintenance dredging would no longer have been funded by the O&M account and reimbursed by the
HMTF; instead the dredging would have been funded directly from the HMTF account. The proposal was
not included in the enacted measure, and similar proposals also were not enacted in FY2019, FY2020, and
FY2021.
b. The Consolidated Appropriations Act, 2021, created 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
(WIFIA, Title V, Subtitle C of P.L. 113-121).
In addition to the regular appropriations for FY2023, USACE received the following FY2023
supplemental appropriations:
 $1.480 billion in Division N of P.L. 117-328, as shown in Table 6;
 $1.080 billion in IIJA (P.L. 117-58), as shown in Table 6; and
 $20 million in the FY2023 continuing resolution (P.L. 117-180).
Table 6. Additional FY2023 Appropriations for USACE
(budget authority in millions of current dollars)
Account
IIJA
Division N
FY2023 Approp
FY2023 Approp
Investigations
30.0
5.0
Construction
50.0
558.5a
Mississippi River and Tributaries
—
15.5
Operation and Maintenance
1,000.0
376.8b
Flood Control and Coastal Emergencies
—
519.2
General Expenses
—
5.0
Totals
1,080.0
1,480.0
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Source: Infrastructure Investment and Jobs Act (P.L. 117-58) and Division N of P.L. 117-328.
Notes: USACE spending information for IIJA and other supplemental appropriations are available at “USACE
Supplemental Program,” at https://www.usace.army.mil/Missions/Civil-Works/Supplemental-Work/. The majority
of USACE appropriations provided by Division N of P.L. 117-328 were limited to flood response and recovery
for areas affected by natural disasters; exceptions are footnoted.
a. $297.2 mil ion under Construction is for certain types of authorized projects regardless of disaster impacts.
USACE allocated this funding in the FY2023 Construction work plan at USACE, “Civil Works Budget and
Performance,” at https://www.usace.army.mil/Missions/Civil-Works/Budget/#Work-Plans.
b. $52.8 mil ion under Operation and Maintenance is for certain types of authorized projects regardless of
disaster impacts. USACE allocated this funding in the FY2023 Operation and Maintenance work plan at USACE,
“Civil Works Budget and Performance,” at https://www.usace.army.mil/Missions/Civil-Works/Budget/#Work-
Plans.
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
assistance of, the Bureau of Reclamation. While USACE built hundreds of flood 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 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 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
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
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 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.
As with USACE, the Reclamation budget is made up largely of individual project 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 earmark
disclosure rules. The moratorium on earmarks through FY2021 restricted congressional steering
of money directly toward specific Reclamation projects. For FY2022 and FY2023, the rules again
allowed congressionally directed funding for specific Reclamation projects.
Reclamation’s single largest account, Water and Related Resources, encompasses the agency’s
traditional programs and projects, including construction, operations and maintenance, dam
safety, and ecosystem restoration, among others.31 Reclamation also typically requests funds in a
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
a separate office within the Department of the Interior.32

31 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.
32 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.usbr.gov/projects/index.php?id=498.
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For more information, see CRS In Focus IF12127, Bureau of Reclamation: FY2023 Budget and
Appropriations, by Charles V. Stern. Previous appropriations and the amounts recommended and
approved during the major stages of the FY2023 appropriations process are shown in Table 7.
Table 7. Bureau of Reclamation and CUP
(budget authority in millions of current dollars)
FY2019
FY2020
FY2021
FY2022
FY2023
FY2023 FY2023
FY2023
Program
Approp
Approp
Approp Approp Request
House S. 4660
Approp
Water and
1,392.0
1,512.2
1,521.1
1,747.1
1,270.4
1,749.1
1,784.9
1,787.2
Related
Resources
Policy and
61.0
60.0
60.0
64.4
65.1
63.1
65.1
65.1
Administration
CVP
62.0
54.8
55.9
56.5
45.8
45.8
45.8
45.8
Restoration
Fund (CVPRF)
Calif. Bay-Delta
35.0
33.0
33.0
33.0
33.0
33.0
33.0
33.0
(CALFED)
Gross Current
1,550.0
1,660.0
1,670.0 1,901.0
1,414.2
1,891.0
1,928.8 1,931.0
Reclamation
Authority
Central Utah
15.0
20.0
21.0
23.0
20.0
23.0
21.0
23.0
Project (CUP)
Completion
Total,
1,565.0
1,680.0
1,691.0 1,924.0
1,434.2
1,914.0
1,949.8 1,954.0
Reclamation
and CUP
Sources: P.L. 117-328 and explanatory statement; S. 4660 and draft explanatory statement; explanatory
statement for H.R. 2371; CBO Estimate for H.R. 8294; S.Rept. 117-36; H.Rept. 117-98; H.R. 4502; Reclamation
and CUP FY2022 congressional budget justifications, explanatory statement for H.R. 133, 116th Congress;
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. 1865, 116th Congress; S.Rept. 116-102; H.R. 2740; CBO
Current Status Report; H.Rept. 116-83; FY2020 Budget Justifications; 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.
Note: Columns may not sum to totals because of rounding. CVP = Central Valley Project.
Additional Funding
For FY2023, the IIJA provides $1.660 billion for Reclamation’s Water and Related Resources
account. (For more information, see CRS Report R47032, Bureau of Reclamation Provisions in
the Infrastructure Investment and Jobs Act (P.L. 117-58), by Charles V. Stern and Anna E.
Normand.) IRA also appropriated additional funds in FY2022 for Reclamation: $4.000 billion for
drought mitigation, available through FY2026; $550 million for disadvantaged communities,
available through FY2031; $25 million for projects to cover water conveyance facilities with
solar panels, available through FY2031; and $13 million for drought relief actions to mitigate
drought impacts for tribes affected by the operation of a Reclamation water project, available
through FY2031.
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Department of Energy
The Energy and Water Development appropriations bill has funded all DOE programs since
FY2005. Major DOE activities are authorized under multiple energy statutes and include (1)
R&D on renewable energy, energy efficiency, nuclear power, fossil energy, and electricity; (2) the
Strategic Petroleum Reserve; (3) energy statistics, projections, and analysis; (4) general science;
(5) loan programs; (6) environmental cleanup; and (7) nuclear weapons and nonproliferation
programs. Table 8 provides the recent funding history for DOE programs, which are briefly
described further below.
Table 8. Department of Energy
(budget authority in millions of current dollars)
FY2020
FY2021
FY2022
FY2023
FY2023 FY2023
FY2023

Approp.
Approp.
Approp.
Request
House
S. 4660
Approp.
Energy Programs

Energy Efficiency and
2,790.0
2,861.8
3,200.0
4,018.9
4,016.0
3,799.0
3,460.0
Renewable Energy
Electricity Deliverya
190.0
211.7
277.0
297.4
350.0
362.0
350.0
Cybersecurity, Energy
156.0
156.0
185.8
202.1
205.0
202.1
200.0
Security, and
Emergency Responsea
Nuclear Energyb
1,493.4
1,507.6
1,654.8
1,675.1
1,779.8
1,765.6
1,473.0
Fossil Energy and
750.0
750.0
825.0
893.2
875.0
880.0
890.0
Carbon Management
Energy Projects

117.3
109.8
222.0
Naval Petroleum and
14.0
13.0
13.7
13.0
13.0
13.0
13.0
Oil Shale Reserves
Strategic Petroleum
205.0
189.0
226.4
222.2
222.2
60.5
-1,844.7
Reservec
Northeast Home
10.0
6.5
6.5
7.0
7.0
7.0
7.0
Heating Oil Reserve
Energy Information
126.8
126.8
129.1
144.5
144.5
144.0
135.0
Administration
Non-Defense
319.2
319.2
333.9
323.3
333.9
373.6
358.6
Environmental
Cleanup
Uranium Enrichment
881.0
841.0
860.0
822.4
823.3
869.0
879.1
Decontamination and
Decommissioning
Fund
Science
7,000.0
7,026.0
7,475.0
7,799.2
8,000.5
8,100.0
8,100.0
Office of Technology

19.5
21.6
23.1
21.6
22.1
Transitions
Office of Clean Energy

20.0
214.1
189.0
150.0
89.0
Demonstrations
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FY2020
FY2021
FY2022
FY2023
FY2023 FY2023
FY2023

Approp.
Approp.
Approp.
Request
House
S. 4660
Approp.
Defense Production

105.0
500.0
0
Act Domestic Clean
Energy Accelerator
Federal Energy

169.7

Management Program
Grid Deployment

240.2

Office
Office of

27.4

Manufacturing and
Energy Supply Chains
Office of State and

726.9

Community Programs
Advanced Research
425.0
427.0
450.0
700.2
550.0
570.4
470.0
Projects Agency—
Energy (ARPA-E)
Nuclear Waste

27.5
27.5
10.2
10.2
10.2
10.2
Disposal
Departmental Admin.
161.0
166.0
240.0
397.2
290.6
257.3
283.0
(net)
Office of Inspector
54.2
57.7
78.0
106.8
92.0
92.0
86.0
General
Office of Indian Energy
22.0
22.0
58.0
150.0
75.0
110.0
75.0
Advanced Technology
5.0
5.0
5.0
9.8
9.8
9.8
9.8
Vehicles Manufacturing
(ATVM) Loans
ATVM Rescission of

-1,903.0

Emergency Funding
Title 17 Loan
29.0
29.0
29.0
206.2
31.2
31.2
31.2
Guarantee
Title 17 Rescission of

-363.0

Emergency Funding
Tribal Energy Loan
2.0
2.0
2.0
1.9
10.0
10.0
4.0
Guarantee
Total, Energy
14,633.6
12,444.8
16,116.0 19,400.3 18,273.4
18,448.0
15,323.2
Programs
Weapons Activities
12,457.1
15,345.0
15,920.0
16,486.3
16,333.1
16,986.3
17,116.1
Nuclear
2,164.4
2,260.0
2,354.0
2,346.3
2,424.0
2,538.0
2,490.0
Nonproliferation
Naval Reactors
1,648.4
1,684.0
1,918.0
2,081.5
2,000.0
2,081.5
2,081.5
Office of Admin./
434.7
443.2
464.0
496.4
475.0
496.4
475.0
Salaries and Expenses
Total, NNSA
16,704.6
19,732.2
20,656.0 21,410.4 21,232.1
22,102.1
22,162.6
Defense
6,255.0
6,426.0
6,710.0
7,105.9
6,722.5
7,064.1
7,025.0
Environmental
Cleanup
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FY2020
FY2021
FY2022
FY2023
FY2023 FY2023
FY2023

Approp.
Approp.
Approp.
Request
House
S. 4660
Approp.
Defense Uranium

573.3

823.3
579.0
586.0
Enrichment D&D
Other Defense
906.0
920.0
985.0
978.4
1,027.6
1,040.2
1,035.0
Activities
Total, Defense
23,865.6
27,078.2 28,924.3 29,494.6 29,805.5
30,785.5
30,808.6
Activities
Southwestern
10.4
10.4
10.4
10.6
10.6
10.6
10.6
Western
89.2
89.4
90.8
98.7
98.7
98.7
98.7
Falcon and Amistad
0.2
0.2
0.2
0.2
0.2
0.2
0.2
O&M
Total, PMAs
99.8
100.0
101.4
109.6
109.6
109.6
109.6
General provisions
-12.7
-2.0
-286.1

2.0
2.0
2.0
DOE Total
38,657.2
39,625.0 44,855.6 49,004.4 48,340.4
49,495.1
48,445.4
Appropriations
Offsets and
-70.9

-150.0
-150.0
-2,200.0
adjustments
Total, DOE
38,586.3
39,625.0 44,855.6 49,004.4 48,190.4
49,345.0
46,243.4
Sources: P.L. 117-328 and explanatory statement; S. 4660 and draft explanatory statement; explanatory
statement for H.R. 2371; CBO Estimate for H.R. 8294; S.Rept. 117-36; H.Rept. 117-98; H.R. 4502; DOE FY2022
congressional budget justification, explanatory statement for H.R. 133, 116th Congress; 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. 1865, 116th Congress; S.Rept. 116-102; 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; and P.L. 115-31 and
explanatory statement.
Notes: Columns may not sum to totals because of rounding. AI = Artificial Intelligence.
a. The Office of Electricity Delivery and the Office of Cybersecurity, Energy Security, and Emergency
Response were created from the former Office of Electric Delivery and Energy Reliability in FY2019.
b. Includes appropriations under defense budget function.
c. Includes Strategic Petroleum Reserve Petroleum Account and rescissions.
As well as the regular appropriations enacted for FY2023, DOE received additional FY2023
appropriations from IIJA as shown in Table 9. Additional appropriations are also available to
DOE from IRA, beginning in FY2022 as shown in Table 10. Additional amounts for FY2023
were appropriated by Division M and N of P.L. 117-328, as shown in Table 11.
Table 9. Additional FY2023 DOE Funding Under IIJA
(budget authority in millions of current dollars)
Program
IIJA FY2023
Energy Efficiency and Renewable Energy
2,221.8
Cybersecurity, Energy Security, and Emergency Response
100.0
Electricity
1,610.0
Nuclear Energy
1,200.0
Fossil Energy and Carbon Management
1,444.5
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Program
IIJA FY2023
Carbon Dioxide Transportation Infrastructure Finance and Innovation Program
2,097.0
Account
Office of Clean Energy Demonstrations
4,426.3
Total
13,099.6
Source: H.Rept. 117-394.
Table 10. Additional FY2023 DOE Funding Under IRA
(budget authority in millions of current dollars)
Program
IRA section
Approp.
Fiscal years
Home Energy Efficiency Rebates
50121
4,300 FY2022-FY2031
Home Electric Efficiency Rebates, States
50122
4,275 FY2022-FY2031
Home Electric Efficiency Rebates, Tribes
50122
225 FY2022-FY2031
Home Efficiency Contractor Training Grants
50123
200 FY2022-FY2031
Building Energy Code Adoption
50131(b)
330 FY2022-FY2029
Building Energy Code Adoption
50131(c)
670 FY2022-FY2029
Title 17 Loan Guarantees
50141
3,600 FY2022-FY2026
ATVM Loans
50142
3,000 FY2022-FY2028
Domestic Manufacturing Conversion Grants
50143
2,000 FY2022-FY2031
Energy Infrastructure Reinvestment
50144
5,000 FY2022-FY2026
Tribal Energy Loan Guarantees
50145
75 FY2022-FY2028
Electric Transmission Facility Financing
50151
2,000 FY2022-FY2030
Transmission Line Siting Grants
50152
760 FY2022-FY2029
Offshore Wind Planning
50153
100 FY2022-FY2031
Advanced Industrial Facilities Deployment
50161
5,812 FY2022-FY2026
Inspector General
50171
20 FY2022-FY2031
National Laboratory Infrastructure
50172
FY2022-FY2027
Office of Science
50172(a)

Science Laboratory Infrastructure Projects

133.2
High Energy Physics Construction and Equipment

303.7
Fusion Energy Construction and Equipment

280.0
Nuclear Physics Construction and Equipment

217.0
Advanced Scientific Computing Facilities

163.8
Basic Energy Sciences Projects

294.5
Isotope Research and Development Facilities

157.8
Office of Fossil Energy and Carbon Management
50172(b)
150
Office of Nuclear Energy
50172(c)
150
Office of Energy Efficiency and Renewable Energy
50172(d)
150
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Program
IRA section
Approp.
Fiscal years
Availability of High-Assay Low-Enriched Uranium
50173
700 FY2022-FY2026
DOE Total

35,067
Source: P.L. 117-169.
Table 11. Additional FY2023 Funding for DOE in Divisions M and N of P.L. 117-328
(budget authority in millions of current dollars)
Program
Division M
Division N
Total
Nuclear Energy

Advanced Nuclear Fuel Availability
100.0

Advanced Reactor Demonstration Program
60.0

National Reactor Innovation Center
20.0

Risk Reduction for Future Demonstrations
120.0

Defense Nuclear Nonproliferation (Ukraine-related activities)
125.3

Electricity (Puerto Rico electricity grid resilience)

1,000.0

Western Area Power Administration

520.0

Total
425.3
1,520.0
1,945.3
Source: P.L. 117-328, Divisions M and N.
Energy Efficiency and Renewable Energy
DOE’s Office of Energy Efficiency and Renewable Energy (EERE) conducts research and
development on transportation energy technology, energy efficiency in buildings and
manufacturing processes, and the production of solar, wind, geothermal, and other renewable
energy. EERE also administers formula grants to states.
The Sustainable Transportation program area includes electric vehicles, vehicle efficiency,
hydrogen and fuel cells, and alternative fuels. DOE’s electric vehicle program includes several
goals for 2030, including “decreasing vehicle battery cell cost to achieve cost parity with internal
combustion engines” and “eliminating dependence on critical materials such as cobalt, nickel, and
graphite.” The program also supports demonstrations of electrified medium and heavy trucks,
according to the FY2023 DOE budget justification.33
Renewable power programs focus on electricity generation from solar, wind, water, and
geothermal sources. They are also developing concentrated solar technologies to produce high-
temperature heat that could replace fossil fuels in steel manufacturing and other industrial
processes. 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-related products. The building technologies program includes R&D on lighting, space
conditioning, windows, and control technologies to reduce building energy-use intensity. The
energy efficiency program provides two types of formula grants to states: weatherization grants

33 DOE, FY2023 Congressional Budget Justification, March 2022, vol. 4 EERE, p. 5, https://www.energy.gov/sites/
default/files/2022-04/doe-fy2023-budget-volume-4-eere-v2.pdf.
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for improving the energy efficiency of low-income housing units and state energy planning
grants.
For more details on energy efficiency grants, see CRS Report R46418, The Weatherization
Assistance Program Formula, by Corrie E. Clark and Lynn J. Cunningham.
Electricity Delivery, Cybersecurity, Energy Security, and Energy Reliability
The Office of Cybersecurity, Energy Security, and Emergency Response (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 issues. The office
conducts R&D on energy infrastructure security technology; provides energy sector security
guidelines, training, and technical assistance; and enhances energy sector emergency
preparedness and response.
The Office of Electricity (OE) “leads the Department’s efforts in developing new technologies to
strengthen, transform, and improve electricity delivery infrastructure so consumers have access to
resilient, secure, and clean sources of electricity.”34 OE uses a model of North American energy
vulnerabilities for analyzing transmission and other energy infrastructure needs. Other activities
include pursuing megawatt-scale electricity storage, integrating electric power system sensing
technology, and analyzing electricity-related policy issues.
Nuclear Energy
DOE’s Office of Nuclear Energy (NE) supports R&D on technologies to improve the efficiency
and economic viability of existing U.S. nuclear power plants, development and demonstration of
advanced reactor technologies, and R&D on nuclear fuel cycle technologies. The FY2023 DOE
budget justification called NE “a key element of the President’s plan to put the United States
(U.S.) on a path to net-zero emissions by 2050.”35
The Reactor Concepts program area comprises research on advanced reactors, including
advanced 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 existing fleet of commercial light water reactors, which are generally classified
as generations II and III.
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
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
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
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
use in advanced reactors. HALEU would be required for several designs currently receiving cost-
shared support by DOE’s Advanced Reactor Demonstration Program. For more information, see

34 DOE, FY2023 Congressional Budget Justification, March 2022, vol. 4 OE, p. 2, https://www.energy.gov/sites/
default/files/2022-04/doe-fy2023-budget-volume-4-oe-v2.pdf.
35 DOE, FY2023 Congressional Budget Justification, March 2022, vol. 4 Nuclear Energy, p. 1,
https://www.energy.gov/sites/default/files/2022-04/doe-fy2023-budget-volume-4-ne.pdf.
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CRS Report R45706, Advanced Nuclear Reactors: Technology Overview and Current Issues, by
Danielle A. Arostegui and Mark Holt.
Fossil Energy and Carbon Management
The Fossil Energy and Carbon Management Research, Development, Demonstration, and
Deployment program (FECM) was formerly known as the Fossil Energy Research and
Development program. It has historically supported research related to coal, natural gas, and
petroleum,36 including a major focus area on the development of carbon capture and storage
technologies for use on coal-fired power plants. The program also supports operations at the
National Energy Technology Laboratory.
Under the Biden Administration, FECM has shifted its focus to what it calls carbon management
technologies: carbon capture, carbon utilization, geologic storage of carbon dioxide, and carbon
removal. FECM’s current carbon capture research focuses on natural gas-fired power plants and
applications outside the power sector, in line with congressional direction provided in the Energy
Act of 2020 (Division Z of P.L. 116-260) and other recent laws. FECM also focuses on research
into producing hydrogen from fossil fuels and using hydrogen in the power sector.
For more information, see CRS In Focus IF11861, DOE’s Carbon Capture and Storage (CCS)
and Carbon Removal Programs, by Ashley J. Lawson, CRS In Focus IF12163, Department of
Energy Funding for Hydrogen and Fuel Cell Technology Programs, by Martin C. Offutt, and
CRS Report R44902, Carbon Capture and Sequestration (CCS) in the United States, by Angela
C. Jones and Ashley J. Lawson.
Strategic Petroleum Reserve (SPR)
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, voluntary agreement subject to international
law. Currently, the SPR consists of a government-owned crude oil reserve in Texas and Louisiana
and a smaller gasoline reserve in several northeastern states leased from commercial storage
operators.
Since the SPR was established, various administrations directed crude oil drawdowns on four
occasions in response to emergency oil supply disruptions. During FY2022, emergency SPR
authorities aimed to address anticipated oil supply disruptions following Russia’s military
invasion of Ukraine. The Biden Administration released 180 million barrels during FY2022, the
largest ever emergency SPR release.37 More frequently, DOE uses SPR authorities to exchange
crude oil with refiners following natural disasters (i.e., hurricanes) and other regional supply
disruption events.38 The Northeast Gasoline Supply Reserve—established in 2014—has never
been utilized.

36 The Biden Administration renamed the Office of Fossil Energy as the Office of Fossil Energy and Carbon
Management in 2021. This name change was also adopted by appropriators throughout the FY2022 appropriations
process. See DOE, “Our New Name Is Also a New Vision,” July 8, 2021, https://www.energy.gov/fe/articles/our-new-
name-also-new-vision.
37 CRS Insight IN11916, Strategic Petroleum Reserve Oil Releases: October 2021 Through October 2022, by Phillip
Brown; DOE, “SPR Quick Facts,” https://www.energy.gov/ceser/spr-quick-facts.
38 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
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Because of limited utilization in response to emergency oil supply disruptions prior to the 2022
Ukraine war, 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 to pay for other legislative priorities. Between 2015
and 2021, Congress enacted eight laws mandating the sale of 358.6 million barrels of crude oil.
Congress cancelled 140 million barrels of these mandated sales in the Consolidated
Appropriations Act, 2023. Additionally, Congress required DOE to sell approximately $1.5
billion of SPR crude oil to pay for an SPR modernization program.39
Science
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
sciences, high-energy physics, and nuclear physics. According to DOE’s FY2023 budget
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
Nation’s energy future.”40
DOE’s Advanced Scientific Computing Research (ASCR) program focuses on developing and
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
DOE-wide effort to advance the development of exascale computing, with the first exascale
system starting operation at Oak Ridge National Laboratory in May 2022.41
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,
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
facilities (e.g., the National Synchrotron Light Source II, and the Linac Coherent Light Source-
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, 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
Science focuses on plant and microbial systems, while Biological and Environmental Research
supports climate-relevant atmospheric and ecosystem modeling and research. BER facilities and
centers include four Bioenergy Research Centers and the Environmental Molecular Science
Laboratory at Pacific Northwest National Laboratory.

February 27, 2023.
39 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.
40 DOE, FY2023 Congressional Budget Justification, March 2022, vol. 5, p. 7, https://www.energy.gov/sites/default/
files/2022-05/doe-fy2023-budget-volume-5-science-v2.pdf.
41 Oak Ridge National Laboratory, “Frontier Supercomputer Debuts as World’s Fastest, Breaking Exascale Barrier,”
May 30, 2022, https://www.ornl.gov/news/frontier-supercomputer-debuts-worlds-fastest-breaking-exascale-barrier. An
exascale computer can perform one quintillion floating point operations per second. See Tim Greene, “World’s First
Exascale Supercomputer Is the World’s Fastest,” Network World, May 31, 2022, https://www.networkworld.com/
article/3662040/worlds-first-exascale-supercomputer-is-the-worlds-fastest.html.
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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
provides funding for the ITER project, a multinational effort to design and build an experimental
fusion reactor.
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
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
Rare Isotope Beams at Michigan State University.
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
artificial intelligence and machine learning, which use computerized systems that work and react
in ways commonly thought to require intelligence.
For more details, see CRS Report R47161, Federal Research and Development (R&D) Funding:
FY2023, coordinated by Laurie A. Harris.
Advanced Research Projects Agency–Energy
ARPA-E is a separate DOE office authorized by the 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 technological barriers to the development
of energy technologies. According to DOE, since 2009 ARPA-E has provided $3.06 billion in
R&D funding to 1,326 projects, and 190 project teams have raised more than $10.3 billion in
private sector follow-on funding.42
Loan Guarantees and Direct Loans
DOE’s Loan Programs Office provides loan guarantees and direct loans under several authorities:
Title 17 (XVII), Tribal, and ATVM for projects that deploy innovative energy technologies, as
authorized by Title XVII of EPACT05, as amended at 43 U.S.C. §§16511 et seq., direct loans for
advanced vehicle manufacturing technologies, and loan guarantees for tribal energy projects.
Section 1703 of EPACT05 authorized loan guarantees for advanced energy technologies that
reduce greenhouse gas emissions, and Section 1705 authorized a temporary program through
FY2011 for renewable energy and energy efficiency projects.
Title XVII allows DOE to provide loan guarantees for up to 80% of construction costs for eligible
energy projects. In general, successful applicants must pay an up-front fee, or “subsidy cost,” to
cover potential losses under the loan guarantee program. IRA appropriated $3.6 billion for
Section 1703 subsidy costs. IRA also established a time-limited (available through FY2026),
$250 billion Title 17 loan guarantee commitment authority—Section 1706—for “Energy
Infrastructure Reinvestment Financing.” IRA appropriated $5 billion to carry out the Section
1706 program.
Under the loan guarantee agreements, the 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 rates. DOE currently has more than $60 billion in authority
available to make direct loans and loan guarantees.

42 ARPA-E, “Our Impact,” web page viewed October 3, 2022, https://arpa-e.energy.gov/about/our-impact.
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To date, the only loan guarantees under Section 1703 have been to the consortium building two
new nuclear reactors at the Vogtle plant in Georgia, totaling about $12 billion, and for a Utah
hydrogen storage project, with a guarantee of $500 million.43 As of January 2023, applications for
126 additional loan guarantees totaling $119.9 billion were under consideration by the DOE Loan
Programs Office.44
Energy Information Administration
The U.S. Energy Information Administration (EIA) was established within DOE as the lead
federal agency for collecting, analyzing, and disseminating data on U.S. and world energy supply
and consumption. EIA data collection spans the energy system from supply and transport to
consumption. All energy sources are included in EIA’s data and analysis products, though some
(e.g., petroleum) are more detailed than others (e.g., renewables). Recent areas of congressional
interest include improvements to EIA’s computer models used to project U.S. energy supply and
demand over time, and improvements to EIA’s data collection related to energy consumption in
residential and commercial buildings. For more details, see CRS Report R46524, The U.S. Energy
Information Administration, coordinated by Ashley J. Lawson.
Nuclear Weapons Activities
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.
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
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
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
XXXII). NNSA implements the Stockpile Stewardship Program through the activities funded by
the Weapons Activities account in the NNSA budget.
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
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
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
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
of the annual Energy and Water Development appropriations bill.
NNSA’s budget has four major Weapons Activities program areas, each with funding of over $2
billion for FY2023:

43 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-
financial-close-additional-loan-guarantees-during-trip-vogtle; and DOE, “DOE Announces First Loan Guarantee for a
Clean Energy Project in Nearly a Decade,” June 8, 2022, https://www.energy.gov/articles/doe-announces-first-loan-
guarantee-clean-energy-project-nearly-decade.
44 DOE Loan Programs Office, “Monthly Application Activity Report,” February 6, 2023, https://www.energy.gov/lpo/
articles/january-2023-monthly-application-activity-report. More information about DOE loans and loan guarantees is at
the Loan Programs Office website, https://www.energy.gov/lpo/loan-programs-office.
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 Stockpile Management supports work directly on nuclear weapons. These include
life extension programs, warhead surveillance, maintenance, and other activities.
 Production Modernization programs focus on maintaining and expanding the
production capabilities for the components of nuclear weapons that are critical to
weapons performance. According to NNSA, these include primaries, canned
subassemblies, radiation cases, and non-nuclear components.
 Stockpile Research, Technology, and Engineering provides the scientific and
technical foundation for science-based stockpile decisions.
 Infrastructure and Operations maintains, operates, and modernizes the NNSA
infrastructure. It supports construction of new facilities and funds deferred
maintenance in older facilities.
Nuclear Weapons Activities also has several smaller programs, including the following:
 Secure Transportation Asset, providing for safe and secure transport of nuclear
weapons, components, and materials;
 Defense Nuclear Security, providing operations, maintenance, and construction
funds for protective forces, physical security systems, personnel security, and
related activities; and
 Information Technology and Cybersecurity, whose elements include
cybersecurity, secure enterprise computing, and Federal Unclassified Information
Technology.
For more information, see CRS Report R45306, The U.S. Nuclear Weapons Complex: Overview
of Department of Energy Sites, by Amy F. Woolf and James D. Werner.
Defense Nuclear Nonproliferation
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
programs are administered by NNSA’s Office of Defense Nuclear Nonproliferation (DNN).
The Materials Management and Minimization program conducts activities to minimize and,
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)
to low-enriched uranium, removal and consolidation of nuclear material stockpiles, and
disposition of excess nuclear materials.
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.
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
substitution of technologies that do not use radioactive materials. Nuclear Smuggling Detection
and Deterrence works to improve the capability of other countries to halt illicit trafficking of
nuclear materials.
Nonproliferation and Arms Control works to “strengthen nonproliferation and arms control
regimes through innovative policy development and implementation to prevent proliferation,
ensure peaceful nuclear uses, and enable verifiable nuclear reductions,” according to the FY2023
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DOE justification.45 This program conducts reviews of nuclear export applications and
technology transfer authorizations, implements treaty obligations, and analyzes nonproliferation
policies and proposals.
For more information, see CRS Report R44413, Energy and Water Development Appropriations
for Defense Nuclear Nonproliferation: In Brief, 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
Project46 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
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
former nuclear weapons production sites that had been administered under multiple offices.47
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.48
Responsibility for long-term stewardship at sites where remediation is complete or remedies are
in place is transferred from EM to the separate DOE Office of Legacy Management (LM) and
other offices within DOE.49 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 Sites
Remedial Action Program (FUSRAP). Once USACE completes the cleanup of a FUSRAP site, it
is transferred back to LM, which has its own DOE funding subaccount within Other Defense
Activities.
Power Marketing Administrations
DOE’s four Power Marketing Administrations (PMAs) were established to sell the power
generated by various federal dams. 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
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
Southwestern Power Administration (SWPA) are supported by appropriations from Congress.

45 DOE, FY2023 Congressional Budget Justification, March 2022, vol. 1, p. 9, https://www.energy.gov/sites/default/
files/2022-04/doe-fy2023-budget-volume-1-nnsa.pdf.
46 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
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
the responsibility of DOE. See National Park Service, Manhattan Project National Historical Park website,
https://www.nps.gov/mapr/learn/historyculture/index.htm.
47 In 1989, DOE created the Office of Environmental Restoration and Waste Management, which later was renamed the
Office of Environmental Management.
48 For a list of active and completed sites, see the EM “Cleanup Sites” web page and interactive map at
http://energy.gov/em/cleanup-sites.
49 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
administer those missions, which are responsible for their long-term stewardship.
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For more information, see CRS Report R45548, The Power Marketing Administrations:
Background and Current Issues, by Richard J. Campbell.
Independent Agencies
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
(ARC), and the Defense Nuclear Facilities Safety Board. NRC is by far the largest of these
independent agencies, with a total budget of nearly $900 million. However, as noted in the
description of NRC below, about 85% 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
more detail below. The recent appropriations history for all the Title IV agencies is shown in
Table 12. Additional FY2023 appropriations were provided by IIJA for ARC and other regional
commissions and authorities as shown in Table 12.
Table 12. Independent Agencies Funded by Energy and Water Development
Appropriations
(budget authority in millions of current dollars)
FY2020
FY2021
FY2022
FY2023
FY2023
FY2023
FY2023

Program
Approp
Approp
Approp
Request
House
S. 4660
Approp
Appalachian Regional
175.0
180.0
195.0
235.0
220.0
200.0
200.0

Commission
Nuclear Regulatory
855.6
844.4
887.7
929.2
929.2
927.2
927.2

Commission
(Revenues)
-728.1
-721.4
-756.7
-792.2
-792.2
-790.2
-790.2

Net NRC (including
127.5
123.0
131.0
137.0
137.0
137.0
137.0

Inspector General)
Defense Nuclear Facilities
31.0
31.0
36.0
41.4
41.4
41.9
41.4

Safety Board
Nuclear Waste Technical
3.6
3.6
3.8
4.0
4.0
4.0
3.9

Review Board
Denali Commission
15.0
15.0
15.1
15.1
15.1
17.0
17.0

Delta Regional Authority
30.0
30.0
30.1
30.1
30.1
30.1
30.1

Northern Border Regional
25.0
30.0
35.0
36.0
38.0
40.0
40.0

Commission
Southeast Crescent
0.3
1.0
5.0
7.0
33.0
7.0
20.0

Regional Commission
Southwest Border Regional

0.3
2.5
2.5
2.5
5.0
5.0

Commission
Total
407.3
413.9
453.5
508.1
521.1
482.0
494.4

Sources: P.L. 117-328 and explanatory statement; S. 4660 and draft explanatory statement; explanatory
statement for H.R. 2371; CBO Estimate for H.R. 8294; S.Rept. 117-36; H.Rept. 117-98; H.R. 4502; FY2022
agency budget justifications; explanatory statement for H.R. 133, 116th Congress; FY2021 Senate Appropriations
Committee majority draft; H.R. 7617; H.Rept. 116-449; FY2021 President’s Budget; 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. 115-929; S.Rept. 115-258; S.Rept. 115-132; H.Rept. 115-230; P.L. 115-31 and
explanatory statement.
Note: Columns may not sum to totals because of rounding.
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Table 13. Additional Appropriations in IIJA for Regional Commissions and
Authorities
(budget authority in millions of current dollars)
Regional Commission or Authority
IIJA FY2022
IIJA FY2023
IIJA FY2024-
Approp
Approp
FY2026
Approp
Appalachian Regional Commission
200.0
200.0
600.0
Delta Regional Authority (DRA)
150.0

Denali Commission
75.0

Northern Border Regional Commission (NBRC)
150.0

Southeast Crescent Regional Commission (SCRC)
5.0

Southwest Border Regional Commission (SBRC)
1.3

Source: H.Rept. 117-394.
Notes: Funding for the federal regional commissions and authorities in the IIJA has varying periods of availability.
Appropriations for ARC are available through FY2026, with $200 mil ion to be allocated each fiscal year starting
in FY2022 through FY2026. Appropriations for the DRA, Denali Commission, NBRC, SCRC, and SBRC are
available until expended.
Appalachian Regional Commission
Established in 1965,50 the Appalachian Regional Commission (ARC) is a regional economic
development agency. It awards grants and contracts to state and local governments and nonprofit
organizations to foster economic opportunities, improve workforce skills, build critical
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
Virginia and parts of Alabama, Georgia, Kentucky, Maryland, Mississippi, New York, North
Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, and Virginia. More than 25 million
people currently live in the region as defined.
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
communication systems, transportation, and water and wastewater systems. ARC has supported
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,
91.1% of ADHS is “under construction or open to traffic.”51
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
Revitalization), which assists communities impacted by the decline of the coal industry. In
FY2023, Congress directed ARC to allocate $65 million to the POWER Initiative. The POWER
Initiative funds a variety of economic, workforce, and community development projects to
stabilize and stimulate economic activity in affected communities.
For more background on ARC and other regional commissions and authorities, see CRS Report
R45997, Federal Regional Commissions and Authorities: Structural Features and Function, by
Julie M. Lawhorn, and CRS In Focus IF11140, Federal Regional Commissions and Authorities:

50 Appalachian Regional Development Act of 1965, P.L. 89-4.
51 For more information, see ARC home page at https://www.arc.gov.
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link to page 42 Energy and Water Development: FY2023 Appropriations

Overview of Structure and Activities, by Julie M. Lawhorn. For more background on the POWER
Initiative, see CRS Report R46015, The POWER Initiative: Energy Transition as Economic
Development, by Julie M. Lawhorn.
Nuclear Regulatory Commission
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
shown in Table 14. Nuclear Reactor Safety is NRC’s largest program and is responsible for
licensing and regulating the U.S. fleet of 93 power reactors, plus two under construction. NRC is
also responsible for licensing and regulating nuclear waste facilities, such as the proposed
underground nuclear waste repository at Yucca Mountain, NV (which has received no new
appropriations since FY2010).
NRC is required by law to offset its total annual appropriation, excluding specified items, through
fees charged to nuclear reactor owners and other holders of NRC licenses. NRC does not retain
the fee revenue, but instead sends it to the U.S. Treasury. Budget items excluded from fee
recovery include prior-year balances, development of advanced reactor regulations, international
activities, and nonsite-specific homeland security. As a result, NRC’s net appropriation is about
15% of the agency’s total budget.
Table 14. Nuclear Regulatory Commission Funding Categories
(budget authority in millions of current dollars)
FY2020
FY2021
FY2022
FY2023
FY2023
FY2023
FY2023
Funding Category
Approp. Approp. Approp. Request
House
S. 4660
Approp.
Nuclear Reactor Safety
433.4
452.8
477.4
490.7
490.7
490.7
490.7
Nuclear Materials and
103.2
102.9
107.3
111.6
111.6
111.6
111.6
Waste Safety
Decommissioning and
21.4
22.8
22.9
23.9
23.9
23.9
23.9
Low-Level Waste
Corporate Support
289.1
271.4
266.3
285.3
285.3
285.3
285.3
Integrated University
2.5
16.0
16.0

16.0
16.0
16.0
Program
Prior-Year Balances
-38.4
-35.0
-16.0

-16.0
-16.0
-16.0
Inspector General
12.1
13.5
13.8
17.8
17.8
15.8
15.8
Total
823.1
844.4
887.7
929.2
929.2
927.2
927.2
Sources: P.L. 117-328 and explanatory statement; S. 4660 and draft explanatory statement; CBO Estimate for
H.R. 8294; explanatory statement for H.R. 2371; S.Rept. 117-36; H.Rept. 117-98; H.R. 4502; NRC FY2022
congressional budget justification; explanatory statement for H.R. 133, 116th Congress; 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. 1865, 116th Congress; S.Rept. 116-102; H.R. 2740; H.Rept. 116-83;
H.Rept. 115-929, NRC FY2020 Budget Justification; H.Rept. 115-697; S.Rept. 115-258.
Note: Fee offsets and some adjustments are excluded.
Congressional Hearings
The following hearings were held by the Energy and Water Development subcommittees of the
House and Senate Appropriations Committees on the FY2023 budget request. Testimony and
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Energy and Water Development: FY2023 Appropriations

opening statements are posted on most of the web pages cited for each hearing, along with
webcasts in many cases.
House
 Corps of Engineers and Bureau of Reclamation, April 27, 2022,
https://appropriations.house.gov/legislation/hearings/fy-2023-budget-request-us-
army-corps-engineers-and-bureau-reclamation
 Department of Energy, April 28, 2022, https://appropriations.house.gov/
legislation/hearings/fy-2023-budget-request-department-energy
 National Nuclear Security Administration and Environmental Management, May
11, 2022, https://appropriations.house.gov/legislation/hearings/fy23-budget-
national-nuclear-security-administration-and-environmental
 Department of Energy Science and Energy Programs, May 12, 2022,
https://appropriations.house.gov/legislation/hearings/fy-2023-budget-request-
department-energy-science-and-energy-programs
Senate
 Corps of Engineers and Bureau of Reclamation, April 6, 2022,
https://www.appropriations.senate.gov/hearings/a-review-of-the-fiscal-year-
2023-budget-submission-for-the-us-army-corps-of-engineers-and-the-bureau-of-
reclamation
 Department of Energy, May 4, 2022, https://www.appropriations.senate.gov/
hearings/a-review-of-the-fiscal-year-2023-budget-submission-for-the-us-
department-of-energy
 National Nuclear Security Administration, May 18, 2022,
https://www.appropriations.senate.gov/hearings/a-review-of-the-fiscal-year-
2023-budget-submission-for-national-nuclear-security-administration

Author Information

Mark Holt
Anna E. Normand
Specialist in Energy Policy
Analyst in Natural Resources Policy

Congressional Research Service

38

Energy and Water Development: FY2023 Appropriations

Key Policy Staff
Area of Expertise
Name
General (Coordinators)
Mark Holt
Anna Normand
Corps of Engineers
Anna Normand
Nicole Carter
Bureau of Reclamation
Charles V. Stern
Renewable energy
Corrie E. Clark
Energy efficiency
Corrie E. Clark
Fossil energy research
Ashley Lawson
Hydrogen
Martin Offutt
Strategic Petroleum Reserve
Phil ip Brown
Nuclear energy
Mark Holt
Science and ARPA-E
Daniel Morgan
Quantum Information Science
Patricia Moloney Figliola
Artificial intelligence
Laurie A. Harris
Loan programs
Phil ip Brown
Nuclear weapons stewardship
Alexandra Neenan
Nonproliferation
Mary Beth Nikitin
DOE Environmental Management
David Bearden
Lance Larson
Power Marketing Administrations
Charles V. Stern
Bonneville Power Administration
Charles V. Stern
Federal regional authorities and
Julie Lawhorn
commissions

Appropriations legislative procedures
James V. Saturno
Bil Heniff
Megan Lynch
Congressional Research Service

39

Energy and Water Development: FY2023 Appropriations

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
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
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copy or otherwise use copyrighted material.

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