Energy and Water Development: FY2013 Appropriations

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Energy and Water Development:

FY2013 Appropriations

(name redacted), Coordinator

Specialist in Energy Policy

April 25, 2013

Congressional Research Service

7-....

www.crs.gov

R42498

CRS Report for Congress

Prepared for Members and Committees of Congress

Energy and Water Development: FY2013 Appropriations

Summary

The Energy and Water Development appropriations bill provides funding for civil works projects

of the Army Corps of Engineers (Corps), for the Department of the Interior’s Bureau of

Reclamation (Reclamation) and the Department of Energy (DOE), and for a number of

independent agencies.

President Obama’s FY2013 budget request for Energy and Water Development was released in

February 2012.

For FY2013 the level of overall spending has been a major issue. The Budget Control Act of

2011 (BCA, P.L. 112-25) contained an overall discretionary spending cap for FY2013 of $1.047

trillion. On March 29, 2012, the House passed a budget resolution (H.Con.Res. 112) that caps

spending at a lower level, $1.028 trillion. The Senate has not passed a budget resolution, but on

April 19, 2012, the Senate Appropriations Committee allotted subcommittee funding levels that

totaled the $1.047 trillion cap in the BCA.

The difference between overall spending caps is reflected in differences in spending proposals for

Energy and Water Development programs. The Administration’s request for FY2013 was

$33.684 billion. On April 25, the House Appropriations Committee reported out H.R. 5325

(H.Rept. 112-462), with a total of $32.156 billion. The Senate Appropriations Committee

reported out S. 2465 (S.Rept. 112-164) on April 26, funding Energy and Water Development

programs at $33.432 billion. On June 6 the House passed H.R. 5325 by a vote of 255-165, with

some amendments.

On September 28, 2012, President Obama signed into law the Continuing Appropriations

Resolution, 2013 (P.L. 112-175). The act continues appropriations until March 27, 2013, for

Energy and Water Development programs at 0.612% above the FY2012-enacted levels, with

several exceptions. On March 26, 2013, the President signed H.R. 933, the FY2013 Defense and

Military Construction/VA, Full Year Continuing Resolution (P.L. 113-6). The act funds Energy

and Water Development accounts at the FY2012 enacted level for the rest of FY2013, with some

exceptions, and subject to the sequestration requirements of the Budget Control Act which went

into effect March 1, 2013.

In addition, issues specific to Energy and Water Development programs included

•

the distribution of appropriations for Corps (Title I) and Reclamation (Title II)

projects that have historically received congressional appropriations above

Administration requests;

•

alternatives to the proposed national nuclear waste repository at Yucca Mountain,

Nevada, which the Administration has abandoned (Title III: Nuclear Waste

Disposal); and

•

proposed FY2013 spending levels for Energy Efficiency and Renewable Energy

(EERE) programs (Title III) that are 25% higher in the Administration’s request

than the amount appropriated for FY2012.

Congressional Research Service

Energy and Water Development: FY2013 Appropriations

Contents

Most Recent Developments ............................................................................................................. 1

Status................................................................................................................................................ 1

Overview.......................................................................................................................................... 2

The Budget Control Act and Energy and Water Development Appropriations ........................ 2

Continuing Resolution Exceptions ............................................................................................ 3

Title I: Army Corps of Engineers .................................................................................................... 4

Earmarks and the Corps of Engineers ....................................................................................... 5

Key Policy Issues—Corps of Engineers.................................................................................... 6

Project Backlog ................................................................................................................... 6

Navigation Trust Funds ....................................................................................................... 7

Ecosystem Restoration Projects .......................................................................................... 9

Continuing Authorities Program ......................................................................................... 9

Title II: Department of the Interior .................................................................................................. 9

Central Utah Project and Bureau of Reclamation...................................................................... 9

Key Policy Issues—Bureau of Reclamation............................................................................ 11

Background ....................................................................................................................... 11

Central Valley Project (CVP) Operations ......................................................................... 11

San Joaquin River Restoration Fund ................................................................................. 12

Klamath Basin Restoration Agreement ............................................................................. 13

WaterSMART Program..................................................................................................... 13

Title III: Department of Energy ..................................................................................................... 14

Key Policy Issues—Department of Energy ............................................................................. 16

Energy Efficiency and Renewable Energy (EERE) .......................................................... 16

Electricity Delivery and Energy Reliability (EDER) Program ......................................... 22

Nuclear Energy.................................................................................................................. 22

Fossil Energy Research and Development ........................................................................ 27

Strategic Petroleum Reserve ............................................................................................. 28

Science .............................................................................................................................. 29

ARPA-E ............................................................................................................................ 32

Nuclear Waste Disposal .................................................................................................... 32

Loan Guarantees and Direct Loans ................................................................................... 34

Nuclear Weapons Stockpile Stewardship.......................................................................... 37

Nonproliferation and National Security Programs ............................................................ 49

Cleanup of Former Nuclear Weapons Production Facilities and Civilian Nuclear

Energy Research Facilities ............................................................................................. 51

Power Marketing Administrations .................................................................................... 61

Title IV: Independent Agencies ..................................................................................................... 62

Key Policy Issues—Independent Agencies ............................................................................. 63

Nuclear Regulatory Commission ...................................................................................... 63

Tables

Table 1. Status of Energy and Water Development Appropriations, FY2013................................. 1

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Energy and Water Development: FY2013 Appropriations

Table 2. Energy and Water Development Appropriations, FY2006 to FY2013 ............................. 3

Table 3. Energy and Water Development Appropriations Summary .............................................. 4

Table 4. Energy and Water Development Appropriations Title I: Army Corps of

Engineers ...................................................................................................................................... 6

Table 5. Energy and Water Development Appropriations Title II: Central Utah Project

Completion Account ................................................................................................................... 10

Table 6. Energy and Water Development Appropriations Title II: Bureau of Reclamation ......... 10

Table 7. Reclamation WaterSMART Program .............................................................................. 14

Table 8. Energy and Water Development Appropriations Title III: Department of Energy ......... 14

Table 9. Energy Efficiency and Renewable Energy Programs ...................................................... 17

Table 10. Fossil Energy Research and Development Program (FER&D) ..................................... 28

Table 11. Science ........................................................................................................................... 30

Table 12. Funding for Weapons Activities .................................................................................... 38

Table 13. DOE Defense Nuclear Nonproliferation Programs ....................................................... 49

Table 14. Appropriations for the Office of Environmental Management...................................... 53

Table 15. Energy and Water Development Appropriations Title IV: Independent

Agencies ..................................................................................................................................... 63

Contacts

Author Contact Information........................................................................................................... 65

Key Policy Staff ............................................................................................................................. 65

Congressional Research Service

Energy and Water Development: FY2013 Appropriations

Most Recent Developments

President Obama’s FY2013 budget request for Energy and Water Development was released in

February 2012. The request totaled $33.7 billion, compared to the FY2012 appropriation of $32.7

billion (plus $1.7 billion for disaster relief).

On April 25, 2012, the House Appropriations Committee reported out H.R. 5325 (H.Rept. 112462), with a total of $32.2 billion. The Senate Appropriations Committee reported out S. 2465

(S.Rept. 112-164) on April 26, funding Energy and Water Development programs at $33.4

billion. The House passed H.R. 5325 with some amendments on June 6.

The Continuing Appropriations Resolution, 2013 (P.L. 112-175), signed into law September 28,

continues appropriations until March 27, 2013, for Energy and Water Development programs at

0.612% above the FY2012-enacted levels, with two exceptions: DOE’s Nuclear Weapons

Activities program is funded at an annual rate of $7.577 billion, the amount requested for

FY2013, instead of the FY2012 rate of $7.214 billion, and the Nuclear Nonproliferation program

was increased by $100 million over the FY2012 level of $2.296 billion to fund domestic uranium

enrichment R&D. (See Nuclear Weapons Stockpile Stewardship and Nonproliferation and

National Security Programs, below.)

On March 6, 2013, the House passed H.R. 933, the FY2013 Defense and Military

Construction/VA, Full Year Continuing Resolution. The Senate approved an amended version of

the bill on March 20, 2013, and the House agreed to the Senate amendment to H.R. 933 the next

day. The bill was signed into law on March 26, 2013 (P.L. 113-6). The act funds Energy and

Water Development accounts at the FY2012 enacted level for the rest of FY2013, with some

exceptions, and subject to the sequestration requirements of the Budget Control Act which went

into effect March 1, 2013.

Status

Table 1 indicates the status of the FY2013 funding legislation. Cells will be filled in as the

appropriations cycle progresses.

Table 1. Status of Energy and Water Development Appropriations, FY2013

Subcommittee

Markup

House

Senate

4/18/12

4/24/12

Final Approval

House

Report

House

Passage

Senate

Report

H.Rept.

112-462

6/6/12

S.Rept.

112-164

Congressional Research Service

Senate

Passage

Conf.

Report

House

Senate

Public

Law

P.L.

113-6

1

Energy and Water Development: FY2013 Appropriations

Overview

The Energy and Water Development bill includes funding for civil works projects of the U.S.

Army Corps of Engineers (Corps), the Department of the Interior’s Central Utah Project (CUP)

and Bureau of Reclamation (Reclamation), the Department of Energy (DOE), and a number of

independent agencies, including the Nuclear Regulatory Commission (NRC) and the Appalachian

Regional Commission (ARC).

The Budget Control Act and Energy and Water Development

Appropriations

FY2013 discretionary appropriations were considered in the context of the Budget Control Act of

2011 (BCA, P.L. 112-25), which established discretionary spending limits for FY2012-FY2021.

The BCA also tasked a Joint Select Committee on Deficit Reduction to develop a federal deficit

reduction plan for Congress and the President to enact by January 15, 2012. Because deficit

reduction legislation was not enacted by that date, an automatic spending reduction process

established by the BCA was triggered; this process consists of a combination of sequestration and

lower discretionary spending caps, initially scheduled to begin on January 2, 2013. The “joint

committee” sequestration process for FY2013 requires the Office of Management and Budget

(OMB) to implement across-the-board spending cuts at the account and program level to achieve

equal budget reductions from both defense and nondefense funding at a percentage to be

determined, under terms specified in the Balanced Budget and Emergency Deficit Control Act of

1985 (BBEDCA, Title II of P.L. 99-177, 2 U.S.C. 900-922), as amended by the BCA. For further

information on the Budget Control Act, see CRS Report R41965, The Budget Control Act of

2011, by (name redacted), (name redacted), and (name redacted).

The American Taxpayer Relief Act (ATRA, P.L. 112-240), enacted on January 2, 2013, made a

number of significant changes to the procedures in the BCA that will take place during FY2013.

First, the date for the joint committee sequester to be implemented was delayed for two months,

until March 1, 2013. Second, the dollar amount of the joint committee sequester was reduced by

$24 billion. Third, the statutory caps on discretionary spending for FY2013 (and FY2014) were

lowered. For further information on the changes to BCA procedures made by ATRA, see CRS

Report R42949, The American Taxpayer Relief Act of 2012: Modifications to the Budget

Enforcement Procedures in the Budget Control Act, by (name redacted)

Pursuant to the BCA, as amended by ATRA, President Obama ordered that the joint committee

sequester be implemented on March 1, 2013.1 The accompanying OMB report indicated a dollar

amount of budget authority to be canceled to each account containing non-exempt funds.2 The

sequester will ultimately be applied at the program, project, and activity (PPA) level within each

account.3 Because the sequester was implemented at the time that a temporary continuing

1

White House, President Obama, Sequestration Order for Fiscal Year 2013 Pursuant to Section 251A of the Balanced

Budget and Emergency Deficit Control Act, As Amended, March 1, 2013, available at http://www.whitehouse.gov/

sites/default/files/2013sequestration-order-rel.pdf.

2

Executive Office of the President, Office of Management and Budget, OMB Report to the Congress on the Joint

Committee Sequestration for Fiscal Year 2013, March 1, 2013, available at http://www.whitehouse.gov/sites/default/

files/omb/assets/legislative_reports/fy13ombjcsequestrationreport.pdf.

3

Ibid., pp. 11, 13.

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Energy and Water Development: FY2013 Appropriations

resolution was in force, the reductions were calculated on an annualized basis and will be

apportioned throughout the remainder of the fiscal year.4 Although full year FY2013 funding has

been enacted, the effect of these reductions on the budgetary resources that will ultimately be

available to an agency at either the account or PPA level remain unclear until further guidance is

provided by OMB as to how these reductions should be applied.

Continuing Resolution Exceptions

P.L. 113-6 continues funding for Energy and Water Development programs at the FY2012 level

(minus sequestrations) for all accounts except the following:

•

In Title I, the Corps of Engineers Construction budget is reduced by $20 million

from the FY2012 level of $1.617 billion

•

In Title II, the Central Utah Project funding is set at $21.0 million instead of the

FY2012 level of $28.7 million

•

In Title III, the Energy Efficiency and Renewable Energy budget is $1.814

billion, rather than the FY2012 level of $1.810 billion

•

In Title III, the Nuclear Energy budget is $759.0 million, rather than $765.4

million

•

In Title III, the Science budget is $4.8760 billion, compared to the FY2012 level

of $4.8736 billion

•

In Title III, Advanced Research Projects Agency – Energy funding is $265

million, rather than the FY2012 level of $275 million

•

In Title III, the National Nuclear Security Administration’s Weapons program is

funded at $7.5573 billion, rather than the FY2012 level of $7.2141 billion

•

In Title III, the Defense Nuclear Nonproliferation program is increased by $110

million over the FY2012 level of $2.2959 billion, to fund domestic uranium

enrichment R&D.

Table 2 includes budget totals for energy and water development appropriations enacted for

FY2006 to FY2013.

Table 2. Energy and Water Development Appropriations,

FY2006 to FY2013

(budget authority in billions of current dollars)

FY2006

FY2007

FY2008

FY2009

FY2010

FY2011

FY2012

FY2013a

36.7b

29.4

30.9

40.5c

33.4

31.7

34.4d

34.0

Source: Compiled by CRS.

Note: Figures represent current dollars, exclude permanent budget authorities, and reflect rescissions.

4

Ibid, p. 5. For general information on continuing resolutions, see CRS Report R42647, Continuing Resolutions:

Overview of Components and Recent Practices, by (name redacted).

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Energy and Water Development: FY2013 Appropriations

a.

Requested budget authority.

b.

Includes $6.6 billion in emergency funding for the Corps of Engineers.

c.

Includes $7.5 billion for Advanced Technology Vehicle Manufacturing Loan Program.

d.

Includes $1.7 billion in emergency funding for the Corps of Engineers.

Table 3 lists totals for each of the bill’s four titles.

Table 3. Energy and Water Development Appropriations Summary

($ millions)

FY2012

Approp.

FY2013

Request

House

Senate

Title I: Corps of Engineers

6,726.0a

4,731.0

4,824.2

5,007.0

Title II: CUP & Reclamation

1,076.4

1,034.0

987.5

1,049.0

Title III: Department of Energy

26,748.1

27,667.7

26,048.4

27,127.6

Title IV: Independent Agencies

254.5

252.2

271.3

248.9

34,382.0a

33,684.0

32,131.4

33,432.5

Title

E&W Total

P.L. 113-6

Source: FY2013 budget request, H.Rept. 112-462, H.R. 5325 as passed, S.Rept. 112-164.

a.

Includes $1.724 billion in supplemental funding for the Corps of Engineers under the FY2012 Disaster Relief

Appropriations Act (P.L. 112-77).

Tables 4 through 15 provide budget details for Title I (Corps of Engineers), Title II (Department

of the Interior), Title III (Department of Energy), and Title IV (independent agencies) for

FY2012-FY2013. Accompanying these tables is a discussion of the key issues involved in the

major programs in the four titles.

Title I: Army Corps of Engineers5

The Energy and Water Development bill provides funding for the civil program of the U.S. Army

Corps of Engineers, an agency in the Department of Defense with both military and civilian

responsibilities. Under its civil works program, the Corps plans, builds, operates, and maintains a

wide range of water resources facilities. The Corps attracts congressional attention because its

projects can have significant local and regional economic benefits and environmental effects, in

addition to their water resource development purposes.

A number of recent changes have affected Corps appropriations, including earmark moratoriums

in both houses in the 112th Congress and reductions for some projects and classes of projects

compared to previous years. Additionally, 2011 flooding events on the Mississippi and Missouri

rivers and in the northeastern United States affected a number of Corps projects and required

reprogramming of Corps funds. In addition to the regular Corps appropriation for FY2012,

Congress appropriated $1.724 billion in supplemental funding for response and recovery related

to these events. (See Table 4.)

5

This section was prepared by (name redacted).

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4

Energy and Water Development: FY2013 Appropriations

In most years, the President’s budget request for the Army Corps of Engineers is below the

agency’s enacted appropriation.6 Enacted appropriations for FY2012 continued this trend. In

contrast to most other agencies, the Corps received an increase in total funding compared to the

President’s request. The FY2012 enacted appropriation for the Corps was $5.002 billion, or

approximately $500 million more than the President’s FY2012 request. The President’s FY2013

budget requested $4.731 billion for the Corps, a decrease of $271 million from the FY2012

enacted level. In its markup, the House Appropriations Committee recommended $4.814 billion

for the Corps, or $83 million more than the President’s request. The Senate Appropriations

Committee recommended $5.007 billion, or $276 million more than the President’s budget

request and $193 million more than the House.

Earmarks and the Corps of Engineers

Corps funding is part of the debate over congressionally directed spending, or “earmarks.” Unlike

highways and municipal water infrastructure programs, federal funds for the Corps are not

distributed to states or projects based on a formula or delivered via competitive grants. Generally

about 85% of the appropriations for Corps civil works activities are directed to specific projects.

In addition to specific projects identified for funding in the President’s budget, in past years many

Corps projects have received additional funding from Congress in the appropriations process.7 In

the 112th Congress, site-specific project line items added by Congress (i.e., earmarks) have been

among those projects subject to House and Senate earmark moratoriums. Thus, additional

congressional funding at the project level was not provided in FY2011 and FY2012 enacted

appropriations. In lieu of the traditional project-based increases, Congress in FY2012 included

additional funding for broad categories of Corps projects (e.g., “ongoing navigation work”), and

provided limited directions to the Corps for allocation of these funds.8

6

For instance, in FY2010, the Administration requested $5.1 billion and Congress appropriated $5.44 billion.

While congressional earmarks make up a relatively small percentage of most agency budgets, a significant number of

Corps projects have historically received additional funding from Congress for construction or operational

expenditures.

8

While Congress did not add funding at the project level in FY2012 appropriations, it provided additional funding and

guidance for several broad categories of projects in the FY2012 conference report, with instructions for the Corps to

make project level allocations based on these instructions in a “work plan” and report back to Congress. These FY2012

Work Plan allocations are available at http://www.usace.army.mil/Missions/CivilWorks/Budget.aspx.

7

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Energy and Water Development: FY2013 Appropriations

Table 4. Energy and Water Development Appropriations

Title I: Army Corps of Engineers

($ millions)

FY2012

Approp.

FY2012

Supplementala

FY2013

Request

117.0

-

102.0

102.0

125.0

1,617.0

-

1,471.0

1,488.3

1,700.0

Mississippi River &

Tributaries (MR&T)

252.0

802.0

234.0

224.0

253.0

Operation and

Maintenance (O&M)

2,412.0

534.0

2,398.0

2,508.4

2,404.0

Regulatory

193.0

-

205.0

190.0

199.0

General Expenses

185.0

-

182.0

172.5

182.0

FUSRAPb

109.0

-

104.0

104.0

109.0

Flood Control &

Coastal Emergencies

(FC&CE)

112.0

388.0

30.0

30.0

30.0

Office of the Asst.

Secretary of the Army

5.0

-

5.0

5.0

5.0

5,002.0

1,724.0

4,731.0

4,824.2

5,007.0

Program

Investigations and

Planning

Construction

Total Title I

House

Senate

P.L.

113-6

Source: FY2013 budget request, H.Rept. 112-462, H.R. 5325 as passed, S.Rept. 112-164.

a.

$1.724 billion was in supplemental funding was provided under the FY2012 Disaster Relief Appropriations

Act (P.L. 112-77).

b.

Formerly Utilized Sites Remedial Action Program.

Key Policy Issues—Corps of Engineers

Project Backlog

The large number of authorized Corps projects that have not received appropriations to date, or

that are authorized and have received funding but are incomplete, is often referred to as the

“backlog” of authorized projects. Estimates of the backlog range from $11 billion to more than

$80 billion, depending on which projects are included (e.g., those that meet Administration

budget criteria, those that have received funding in recent appropriations, those that have never

received appropriations). The backlog raises policy questions, such as whether there is a

disconnect between the authorization and appropriations processes, and how to prioritize among

authorized activities.9

Recent budget requests by the Administration have included few new studies and construction

starts, and enacted appropriations for FY2011 and FY2012 barred any funding for these project

types (defined as projects or studies that have not received appropriations previously). For

9

For more information, see CRS Report R41243, Army Corps of Engineers Water Resource Projects: Authorization

and Appropriations, by (name redacted) and (name redacted).

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Energy and Water Development: FY2013 Appropriations

FY2013, the Administration requested funding for three new construction starts and six new

studies.

Navigation Trust Funds

In addition to regular appropriations, two congressionally authorized “trust funds” are

administered by the Corps and require annual appropriations: the Harbor Maintenance Trust Fund

and the Inland Waterway Trust Fund. Both trust funds received attention in the FY2012

appropriations process. While the Harbor Maintenance Trust Fund has a surplus balance, the

Inland Waterway Trust Fund currently faces a shortfall and a curtailment of activities.

Harbor Maintenance Trust Fund

In 1986, Congress enacted the Harbor Maintenance Tax (HMT) to recover operation and

maintenance (O&M) costs at U.S. coastal and Great Lakes harbors from maritime shippers. O&M

is mostly the dredging of harbor channels to their authorized depths and widths. The tax is levied

on importers and domestic shippers using coastal or Great Lakes ports.10 The tax revenues are

deposited into the Harbor Maintenance Trust Fund (HMTF) from which Congress appropriates

funds for harbor dredging.

In 1990, Congress increased the HMT rate from four cents per $100 of cargo value to 12.5 cents

per $100 of cargo value, one of many tax increases in the Omnibus Budget Reconciliation Act

(P.L. 101-508) designed to lower the federal deficit at that time. In recent years, HMTF annual

expenditures have remained relatively flat while HMT collections have increased due to rising

import volume (except in 2009 when collections declined along with import volume).

Consequently, a large “surplus” in the HMTF has developed. The maritime industry seeks to

enact a “spending guarantee” to spend down the surplus in the HMTF (see H.R. 104 and S. 412).

Some harbor channels are reportedly not being maintained at their authorized depth and width,

requiring ships with the deepest drafts to “light load” or wait for high tide. Harbors primarily used

by fishing vessels or recreational craft have also complained of insufficient maintenance

dredging. Since spending from the HMTF requires an appropriation from Congress, spending

more from the HMTF could reduce available funding for other Energy and Water Development

activities under congressional budget caps.

The Administration’s FY2013 budget requested $848 million from the HMTF, leaving an

estimated-end-of-year balance of more than $8 billion. The House Appropriations Committee

provided $1.0 billion in HMTF appropriations. The Senate Appropriations Committee report

commented on the Administration’s funding level but did not name a specific HMTF amount.

(For more information on harbor maintenance, see CRS Report R41042, Harbor Maintenance

Trust Fund Expenditures, by (name redacted).)

Inland Waterway Trust Fund

Since the 1980s, expenditures for construction and major rehabilitation projects on inland

waterways have been cost-shared on a 50/50 basis between the federal government and users

10

An estimate by the Corps is that improved collection from domestic shippers could increase annual receipts by $500

million.

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Energy and Water Development: FY2013 Appropriations

through the Inland Waterway Trust Fund (IWTF).11 IWTF monies derive from a fuel tax on

commercial vessels on designated waterways, plus investment interest on the balance.12 Since

FY2007, there has been a potential shortfall in the IWTF. In the past, Congress has taken

measures to ensure temporary solvency of the IWTF, either by appropriating federal funds

beyond the aforementioned 50% federal requirement (FY2009 and FY2010), or by limiting IWTF

expenditures to the amount available under current year fuel tax revenues (FY2011 and FY2012).

The IWTF is expected to have a balance of approximately $55 million at the end of FY2012, and

without changes to the current system, needed funding for eligible work is expected to continue to

exceed available funding for the foreseeable future.

In the past multiple Administrations have proposed fees (e.g., lock user fees, congestion fees) that

would have increased IWTF revenues. These fees have been opposed by users and rejected by

Congress. In 2011, users endorsed a plan of their own that would increase the current fuel tax by

$0.06-$0.08 per gallon and alter the cost-share arrangement for some IWTF projects to increase

the portion paid for by the federal government. H.R. 5325 would authorize this proposal, which

has been opposed by the Obama Administration.

Changes to IWTF policies have historically been under the jurisdiction of the authorizing

committees, but in recent years appropriators have expressed frustration with the lack of action on

this issue. Without a new source of revenue or some other change directed by Congress, the

overall number of inland waterway projects is expected to be extremely limited. Currently one

project (Olmsted Lock and Dam on the Ohio River) accounts for almost all IWTF appropriations.

This past year, estimates for the Olmsted project increased by $872 million, bringing the total

estimate for the project to $2.9 billion.13 Based on the new estimates, the project is expected to

continue to require the majority of IWTF revenues for at least 10 more years.

In FY2013, the Administration requested limited appropriations for IWTF projects based on

current-year fuel tax revenues.14 The FY2013 Administration budget requested approximately

$94 million in inland waterway spending from the IWTF, with an equal amount to be drawn from

the General Fund of the Treasury. The Administration also assumed an additional $80 million in

new revenues from an unspecified user fee, presumably separate from the current fuel tax.

The majority of FY2013 IWTF funds were proposed for the Olmsted project. In appropriations

action, the House Committee agreed with the requested IWTF funding, but mandated that a

portion be restricted until a review of the Olmsted project’s cost overruns is completed. The

Senate Appropriations Committee also provided the funding for Olmsted, but provided that only

25% of the funding for Olmsted would have to be cost-shared with the IWTF (the rest would

come from the General Fund). In effect, this change provides an extra $72 million for IWTF

projects.

11

For more information on inland waterways, see CRS Report R41430, Inland Waterways: Recent Proposals and

Issues for Congress, by (name redacted).

12

Pursuant to the Water Resources Development Act of 1986 (P.L. 99-662), the fuel tax has been fixed at $0.20 per

gallon since 1992.

13

The project was originally estimated at $775 million in 1986, plus inflation.

14

This is the same approach that was proposed and enacted in FY2011 and FY2012. Assuming annual fuel tax

revenues of approximately $95 million, spending on inland waterways construction for FY2013 would be

approximately $190 million for each year (or approximately $60 million less than the average funding provided from

FY1992-2010).

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Energy and Water Development: FY2013 Appropriations

Ecosystem Restoration Projects

The Corps portion of the Energy and Water bill typically includes funding for ecosystem

restoration projects, such as restoration of the Everglades in South Florida.15 Some in Congress

have criticized the fact that while the Corps has requested reductions for some “traditional”

activities in recent budgets, funding for activities under its environmental business line (which

includes ecosystem restoration projects) has largely remained the same. For FY2013, the

Administration requested $511 million (approximately 11% of the FY2013 request) for

ecosystem restoration projects, which are the largest component of the environmental business

line. This amount is similar to the amount appropriated for these activities in recent years.

In its markup of the President’s budget, the House Appropriations Committee decreased funding

levels for several of the Administration’s major ecosystem restoration initiatives, including

Everglades (reduced from $153 million to $145 million) and Missouri River Fish and Wildlife

Recovery (reduced from $90 million to $71 million). The Senate Appropriations Committee

agreed with the Administration’s request.

Continuing Authorities Program

Projects funded under the Corps Continuing Authorities Programs (CAPs) are typically smaller

projects that can be carried out without obtaining a project-specific study or construction

authorization or project-specific appropriations.16 CAPs are referred to by the section number in

the bill where the CAP was first authorized. The Administration’s FY2013 budget requested $24

million in funding for five of the nine CAPs, or a decrease of approximately $19 million from the

FY2012 enacted level. The Administration proposed no funding for four CAPs, including no

funding for Section 14 (emergency streambank and shoreline protection), Section 103 (shore

protection), Section 107 (navigation), and Section 208 (snagging and clearing for flood control).

The House Appropriations Committee agreed with the Administration’s overall request for CAPs,

but shifted some of the funding within individual CAPs. The Senate Appropriations Committee

provided $45 million in funding for eight of the nine CAPs.

Title II: Department of the Interior17

Central Utah Project and Bureau of Reclamation

The Energy and Water Development bill includes funding for the Central Utah Project (CUP) and

the Bureau of Reclamation, both part of the Department of the Interior. The total discretionary

FY2013 budget request for Title II funding for the Central Utah Project and Reclamation was

approximately $1.034 billion, or a decrease of $42 million from the FY2012 enacted amount. The

15

Along with the Department of the Interior, the Corps typically receives funding for the Comprehensive Everglades

Restoration Program, or CERP. For more information, see CRS Report R42007, Everglades Restoration: Federal

Funding and Implementation Progress, by (name redacted).

16

A summary of projects under the Continuing Authorities Program is provided on p. 11 of CRS Report R41243, Army

Corps of Engineers Water Resource Projects: Authorization and Appropriations, by (name redacted) and (name redac

ted).

17

This section was prepared by (name redacted).

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Obama Administration requested $21 million for the Central Utah Project (CUP) Completion

Account in FY2013, or $7 million less than the amount appropriated in FY2012. Significantly,

the Administration also proposed to make Reclamation responsible for oversight and

implementation of CUP (these responsibilities are currently housed within a separate office in

DOI). Both the House and the Senate appropriations committees disagreed with this

recommendation.

The FY2013 request for the Bureau of Reclamation totaled $1.013 billion in gross current budget

authority, or $34 million less than the amount enacted in FY2012. The FY2013 request for the

Bureau of Reclamation included an “offset” of $39.9 million for the Central Valley Project (CVP)

Restoration Fund (Congress does not list this line item as an offset), yielding a “net” discretionary

authority of $973 million. As in previous years, additional funding is estimated to be available for

FY2013 via “permanent and other” funds.

Table 5. Energy and Water Development Appropriations

Title II: Central Utah Project Completion Account

($ millions)

FY2012

Approp.

FY2013

Request

House

Senate

Central Utah Water

Conservancy District

26.7

19.8

19.8

19.8

Mitigation and Conservation

Commission Activities

2.0

1.2

1.2

1.2

28.7

21.0

21.0

21.0

Program

Total, Central Utah

Project

Conf.

Source: FY2013 budget request, H.Rept. 112-462, S.Rept. 112-164.

Table 6. Energy and Water Development Appropriations

Title II: Bureau of Reclamation

($ millions)

FY2012

Approp.

FY2013

Request

House

Senate

Water and Related Resources

895.0

818.6

833.6

892.1

Policy and Administration

60.0

60.0

57.0

60.0

CVP Restoration Fund (CVPRF)

53.1

39.9

39.9

39.9

Calif. Bay-Delta (CALFED)

Program

39.7

36.0

36.0

36.0

San Joaquin Restoration Funda

—

12.0

—

—

Indian Water Rights Settlementa

—

46.5

—

—

Gross Current Reclamation

Authority

1,047.7

1,013.0

966.5

1,028.0

Total, Title II (CUP and

Reclamation)

1,076.4

1,034.0

987.5

1,049.0

Conf.

Source: FY2013 budget request, H.Rept. 112-462, S.Rept. 112-164.

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a.

In FY2012 and FY2013 appropriations, the House and Senate Appropriations Committees disagreed with

the Administration’s request for new accounts for San Joaquin restoration and Indian water rights

settlements and opted to retain funding levels within the Water and Related Resources account.

Reclamation’s single largest account, Water and Related Resources, encompasses the agency’s

traditional programs and projects, including construction, operations and maintenance, the Dam

Safety Program, Water and Energy Management Development, and Fish and Wildlife

Management and Development, among others. The Obama Administration requested $818

million for the Water and Related Resources Account for FY2013, a reduction of $76 million

from the FY2012 level. However most of this decrease is due to shifting of funds for Indian water

rights settlements and San Joaquin restoration to two new accounts. Accounting for these

changes, the proposed decrease from FY2012 to the FY2013 request was approximately $34

million.

In its markup, the House Appropriations Committee recommended $834 million in funding for

Water and Related Resources, a decrease of $43.5 million from the Administration’s request after

allowing for the shifting/elimination of funding for the aforementioned two accounts proposed in

the President’s request. The Senate Appropriations Committee provided $892.1 million, which

amounts to an increase of $15 million from the President’s request after accounting for these

same changes.

Key Policy Issues—Bureau of Reclamation

Background

Most of the large dams and water diversion structures in the West were built by, or with the

assistance of, the Bureau of Reclamation. Whereas the Army Corps of Engineers built hundreds

of flood control and navigation projects, Reclamation’s mission was to develop water supplies,

primarily for irrigation to reclaim arid lands in the West. 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 a population of

31 million. 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 fish and wildlife benefits. Operations of Reclamation

facilities are often controversial, particularly for their effect on fish and wildlife species and

conflicts among competing water users.

As with the Corps of Engineers, the Reclamation budget is made up largely of individual project

funding lines and relatively few “programs.” Also similar to the Corps, previously these

Reclamation projects have often been subject to earmark disclosure rules. The current

moratorium affects Congress’s ability to steer money toward specific Reclamation projects, as it

has done in the past.

Central Valley Project (CVP) Operations

The CVP in California is one of Reclamation’s largest and most complex water projects, and

limited deliveries to CVP contractors are often the subject of appropriations and authorization

debates. In recent years, Reclamation has had to limit water deliveries and pumping from CVP

facilities due to drought and other factors, including environmental restrictions. In previous

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appropriations bills, this action has resulted in attempts to prevent Reclamation from

implementing Biological Opinions (BiOps), some of which restrict CVP operations because of

the project’s potential effects on certain fish species.18 Previous restrictions that would prevent

implementation of BiOps in the CVP, including amendments to appropriations bills, have not

been enacted. However, other measures to lessen the impact of these restrictions have been

enacted, and related legislation is currently under consideration.19

San Joaquin River Restoration Fund

The San Joaquin River Restoration Fund was authorized by the enactment of Title X of the

Omnibus Public Land Management Act of 2009 (P.L. 111-11), the San Joaquin River Restoration

Settlement Act. The Fund is to be used to implement fisheries restoration and water management

provisions of a stipulated settlement agreement for the Natural Resources Defense Council et al.

v. Rodgers lawsuit.20 The Fund is supported through the combination of a reallocation of Central

Valley Project Restoration Fund receipts from the Friant Division water users and accelerated

payment of Friant water users’ capital repayment obligations, as well as other federal and nonfederal sources.

In recent years, funding for the San Joaquin River settlement has been controversial. Some have

proposed repealing the settlement outright.21 In lieu of repealing the settlement, some have

proposed de-funding the most important components of the settlement that were authorized by

Congress, including rescission of prior year mandatory appropriations for San Joaquin

restoration. To date, none of these proposals have been enacted.

Previous funding for the San Joaquin River settlement included mandatory funds that were made

available to Reclamation without further appropriation between FY2010 and FY2012. For

FY2013, Reclamation proposed an allocation of $12 million in discretionary funding within a

new account for San Joaquin River restoration activities. The House Appropriations Committee

provided no funding for these activities. The Senate Appropriations Committee agreed with the

Administration’s request.

18

The two BiOps in question have found that continued operation of the projects under a plan developed and

implemented in 2004 (known as the Operations Criteria and Plan, or OCAP) would jeopardize the existence of delta

smelt and salmon and other endangered species in California. OCAP allowed increased pumping from the delta, which

some believe has further imperiled fish species listed as threatened or endangered under the Endangered Species Act.

Others note that factors such as invasive species, pollution, and non-federal withdrawals of water from the delta have

contributed to fishery declines. Critically low numbers of delta smelt resulted in a court-imposed limit on pumping at

certain times. These and other restrictions have led to low water deliveries for certain water districts (e.g., those with

junior water rights).

19

Most prominently, H.R. 1837 would, among other things, alter the current regime for water deliveries in the Central

Valley and repeal the San Joaquin River Restoration Act. H.R. 1837 passed the House on February 29, 2012. For more

information, see CRS Report R42375, H.R. 1837—The Sacramento-San Joaquin Valley Water Reliability Act, by (name

redacted).

20

Construction of Friant Dam in the 1940s and subsequent diversion of San Joaquin River water to off-stream

agricultural uses blocked salmon migration and dewatered stretches of the San Joaquin, resulting in elimination of

spring-run Chinook into the upper reaches of the river. One goal of the settlement is to bring back the salmon run;

another is to reduce or avoid adverse water supply impacts to Friant Division long-term contractors. For more

information on the settlement agreement and the San Joaquin River Restoration Fund, see CRS Report R40125, Title X

of H.R. 146: San Joaquin River Restoration, by (name redacted) and (name redacted).

21

See footnote 19.

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Klamath Basin Restoration Agreement22

The current Administration has undertaken efforts to avoid water allocation conflicts and restore

the fisheries of the Klamath Basin in southern Oregon and Northern California. Two related

agreements, the Klamath Basin Restoration Agreement (KBRA) and the Klamath Hydroelectric

Settlement Agreement (KHSA), aim to achieve these goals through a mix of federal actions and

non-federal dam removal. The agreements, which require authorization by Congress to move

forward, would cost the federal government $800 million over 15 years, with additional costs for

dam removal funded by nonfederal entities.

There are a number of ongoing federal activities in the Klamath, including some actions and

studies under the KBRA and KHSA that are going forward under existing authorities. However in

order to proceed with other activities, including most of the restoration actions in the KBRA and

a secretarial determination related to dam removal under the KHSA, Congress must authorize the

agreements.23 In FY2013, in addition to base funds for the Klamath Project (approximately $18.6

million), Reclamation proposed $7.1 million in new funding for selected KBRA activities that are

authorized under existing law. Both the House and the Senate appropriations committees agreed

with the Administration’s requested funding level.

WaterSMART Program

In recent years Reclamation has combined funding for several individual “bureau-wide”

programs that promote water conservation into a single program—the WaterSMART (Sustain

and Manage America’s Resources for Tomorrow) Program. The program is part of an effort by

the Department of the Interior to focus on water conservation, re-use, and planning. In the

FY2013 request the WaterSMART program included five components: WaterSMART Grants,

Basin Studies, Title XVI Projects, the Cooperative Watershed Management Program, and Water

Conservation Field Services.24 The FY2013 President’s budget request for WaterSMART

programs was $53.9 million. The House Appropriations Committee recommended $46.9 million

for the program, and the Senate Appropriations Committee agreed with the President’s request.

Funding levels for WaterSMART programs are shown in Table 7.

22

For more information, see CRS Report R42157, Klamath River Basin: Background and Issues, coordinated by

(name redacted).

23

Legislation currently before Congress (H.R. 3398 and S. 1851) would authorize the agreements.

24

Prior to FY2012, the Water Conservation Field Services program and the Cooperative Watershed Management

Program had been a “bureau-wide” program. For consistency, comparisons to prior year funding in this report include

this program within WaterSMART totals.

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Table 7. Reclamation WaterSMART Program

(selected programs, $ millions)

Program Name

FY2011

FY2012

FY2013

Request

House

Senate

WaterSMART Grants

33.0

12.2

21.5

12.2

21.5

Basin Studies

8.3

4.9

6.0

4.9

6.0

Title XVI Projects

20.5

24.7

20.3

24.6

20.3

Cooperative Watershed

Management Program

—a

0.25

0.25

0.25

0.25

Water Conservation

Field Services

[7.8]a

5.0

5.9

5.0

5.9

Total

61.9

47.1

53.9

46.9

53.9

Conf.

Source: Bureau of Reclamation Congressional Justifications, FY2013, H.Rept. 112-462, S.Rept. 112-164.

a.

Prior to FY2012, the Cooperative Watershed Management Program and Water Conservation Field Services

programs were not part of WaterSMART.

Title III: Department of Energy

The Energy and Water Development bill has funded all DOE’s programs since FY2005. Major

DOE activities funded by the Energy and Water bill include research and development on

renewable energy and nuclear power, general science, environmental cleanup, and nuclear

weapons programs, as well as programs for fossil fuels, energy efficiency, the Strategic

Petroleum Reserve, and energy statistics.

The FY2012 appropriations act, P.L. 112-74, funded DOE programs at $26.3 billion. For

FY2013, the Obama Administration requested $27.7 billion for DOE programs. The House

Appropriations Committee recommended $26.1 billion. The Senate Appropriations Committee

recommended $27.1 billion.

Table 8. Energy and Water Development Appropriations

Title III: Department of Energy

($ millions)

FY2012

Approp.

FY2013

Request

Energy Efficiency and Renewable

Energy

1,809.6

2,267.3

1,451.0

1,916.1

Electricity Delivery and Energy

Reliability

139.1

143.0

123.0

143.0

Nuclear Energy

765.4

770.4

765.4

785.4

Fossil Energy R&D

346.7

420.6

529.0

460.6

Naval Petrol. and Oil Shale Reserves

14.9

14.9

14.9

14.9

Program

House

Senate

P.L.

113-6

ENERGY PROGRAMS

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Energy and Water Development: FY2013 Appropriations

FY2012

Approp.

FY2013

Request

Elk Hills School Lands Fund

0.0

15.6

15.6

15.6

Strategic Petroleum Reserve

192.7

195.6

195.6

195.6

SPR Petroleum Account

-500.0

-291.0

—

—

Northeast Home Heating Oil

Reserve

-89.9

4.1

4.1

4.1

Energy Information Administration

105.0

116.4

100.0

116.4

Non-Defense Environmental

Cleanup

235.3

198.5

235.0

228.5

Uranium D&D Fund

472.2

442.5

425.0

442.5

4,873.6

4,992.1

4,801.4

4,909.0

275.0

350.0

200.0

312.0

Nuclear Waste Disposal

0.0

0.0

25.0

0.0

Departmental Admin. (net)

126.0

122.6

85.0

112.6

Office of Inspector General

42.0

43.5

43.5

43.5

Adv. Tech. Vehicles Manuf. Loan

6.0

9.0

6.0

9.0

Innovative Tech. Loan Guarantee

0.0

0.0

0.0

0.0

8,813.7

9,815.1

8,949.8

9,708.7

Weapons Activities

7,214.1

7,577.3

7,512.3

7,577.3

Nuclear Nonproliferation

2,295.9

2,458.6

2,283.0

2,458.6

Naval Reactors

1,080.0

1,088.6

1,086.6

1,088.6

410.0

411.3

382.0

386.3

11,000.0

11,535.9

11,257.0

11,510.9

5,003.0

5,472.0

4,920.0

5,064.0

823.4

735.7

813.4

735.7

0.0

0.0

0.0

0.0

16,826.3

17,743.6

16,990.4

17,310.6

Southeastern

0.0

0.0

0.0

0.0

Southwestern

11.9

11.9

11.9

11.9

Western

96.0

96.1

96.1

96.1

Falcon & Amistad O&M

0.2

0.2

0.2

0.2

Program

Science

Energy Transformation Acceleration

Fund (ARPA-E)

TOTAL, ENERGY PROGRAMS

House

Senate

P.L.

113-6

DEFENSE ACTIVITIES

National Nuclear Security

Administration (NNSA)

Office of Administrator

Total, NNSA

Defense Environmental Cleanup

Other Defense Activities

Defense Nuclear Waste Disposal

TOTAL, DEFENSE

ACTIVITIES

POWER MARKETING

ADMINISTRATION (PMAs)

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Program

FY2012

Approp.

FY2013

Request

108.1

108.2

108.2

108.2

25,748.1

27,666.9

26,048.4

27,127.6

TOTAL, PMAs

Total, Title III

House

Senate

P.L.

113-6

Source: FY2013 budget request, H.Rept. 112-462, H.R. 5325 as passed, S.Rept. 112-164.

Key Policy Issues—Department of Energy

DOE administers a wide variety of programs with different functions and missions. In the

following pages, some of the most important programs are described and major issues are

identified, in approximately the order in which they appear in Table 8.

Energy Efficiency and Renewable Energy (EERE)25

President Obama has declared energy efficiency and renewable energy to be in a “Sputnik

moment,” comparable to the U.S.-Soviet space race that began in the 1950s. In his State of the

Union address in February 2012 he reiterated their importance to jobs, economic growth, and

U.S. manufacturing competitiveness. But the Congress has been reluctant to go along with his

efforts to boost spending for these programs. His proposed FY2011 budget for EERE of $2.4

billion was reduced to $1.8 billion, and his FY2012 proposal of $3.2 billion was cut to $1.8

billion.

For FY2013, DOE requested $2.267 billion for the EERE programs. Compared with the FY2012

appropriation, the FY2013 request would increase EERE funding by $458 million, or 25%. The

House bill would reduce the requested amount sharply, to $1.381 billion. The Senate bill would

appropriate $1.916 billion.

DOE requested an additional $143.0 million for Electricity Delivery and Energy Reliability

(EDER) programs. Table 9 gives the programmatic breakdown for EERE and EDER.

25

This section was prepared by (name redacted).

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Table 9. Energy Efficiency and Renewable Energy Programs

($ millions)

FY2012

Approp.

FY2013

Request

House

Senate

Hydrogen/Fuel Cell Technologies

103.6

80.0

82.0

104.0

Biomass and Biorefinery Systems

199.3

270.0

203.0

200.0

Solar Energy

289.0

310.0

155.0

293.0

—Concentrating Solar Power

(CSP)

44.9

45.1

—-

—-

—Photovoltaic (PV) Power

75.6

66.0

—-

—-

Wind Energy

93.3

95.0

70.0

95.0

Geothermal Technology

37.9

65.0

30.0

65.0

Water Power (Hydro/Ocean)

58.8

20.0

45.0

59.0

Subtotal, Renewable and

Hydrogen

781.8

840.0

585.0

820.0

Vehicle Technologies

328.8

420.0

335.0

330.0

Building Technologies

219.2

310.0

125.0

220.0

Advanced Manufacturing

115.6

290.0

150.0

168.6

Federal Energy Management

29.9

32.0

18.0

30.0

Subtotal, Efficiency R&D

693.5

1,052.0

628.0

750.6

Facilities and Infrastructure

26.3

26.4

26.4

26.4

Program Direction

165.0

164.7

115.0

164.7

Strategic Programs

25.0

58.9

10.0

25.0

R&D Subtotal

1,691.5

2,142.0

1,364.4

1,786.7

Renewables Deployment

10.0

7.0

7.0

10.0

Subtotal, Demonstration

and Deployment

10.0

7.0

7.0

10.0

Weatherization Grants

68.0

139.0

54.6

145.0

State Energy Grants

50.0

49.0

25.0

50.0

Use of Prior Year Balances

-9.9

-69.7

-69.7

-69.7

Total EERE Appropriation

1,809.6

2,267.3

1,381.3

1,916.1

Electricity Delivery and

Energy Reliability (EDER)

139.1

143.0

123.0

143.0

Program

Conf.

Sources: FY2013 budget request, H.Rept. 112-462, S.Rept. 112-164.

New Subprogram Account Structure

For each major EERE technology program (e.g., Solar Technologies, Vehicle Technologies),

DOE proposed changing the subprogram account structure from descriptions of technology-

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specific activities (e.g., Photovoltaic R&D, Battery Technology) to a uniform sub-program

structure that has four areas: Innovations, Emerging Technologies, Systems Integration, and

Market Barriers. The four areas are sequential, following the technology development

progression—research, development, demonstration, and deployment (RDD&D).

Each of the four new subprogram areas is identified with the concept of “technology readiness

level (TRL),” a new element of its vocabulary for describing EERE technology programs. TRL is

defined by a numerical scale that covers the RDD&D progression. The scale ranges from TRL1,

for basic research, to TRL10, for commercial market penetration.

Thus, the Innovations subprogram encompasses activities traditionally defined as applied

research, covering TRL levels 2 through 3. The Emerging Technologies subprogram captures

activities traditionally defined as development, covering TRL levels 3 through 6. The Systems

Integration subprogram embraces demonstration activities, associated with TRL levels 6 through

8. The Market Barriers subprogram is comprised of deployment-related activities, covering TRL

levels 8 through 10.

Both the House and Senate reports rejected DOE’s proposal for a new subprogram account

structure, citing its inadequacy for budgeting purposes. For the FY2014 request, the Senate report

directed DOE to provide more detail at the program, project, and activity level.

Hydrogen/Fuel Cell Program

For the Hydrogen/Fuel Cell Program, DOE requested $80 million, $24 million below FY2012. In

general, activities would be reduced, but not eliminated. The House bill would go along with the

cut, appropriating $82 million. The Senate bill would appropriate $104 million, the FY2012 level.

Biomass and Biorefinery Program Initiatives

This program aims to foster a domestic bioenergy industry that produces renewable biofuels,

bioproducts, and biopower. The goals are to curb oil dependence, reduce greenhouse gas

emissions, and stimulate economic and job development—especially in the farms and forests of

rural areas. While biofuels and bioproducts may soon be price-competitive, swings in oil prices

pose an ongoing challenge to achieve cost-competitiveness. The program strategy addresses a

feedstock collection barrier by focusing on converting raw biomass to solid pellets or to “green

crude” oil that is easy to transport at large scale. The program aims to help cellulosic biofuels

(renewable gasoline, diesel, and jet fuel) reach a wholesale finished-fuel cost under $3 per gallon

by 2017.

DOE requested $270 million for FY2013 for biomass and biorefinery programs, compared to

$199 million appropriated for FY2012. Most of the increased funding would be used to complete

pilot- and demonstration-scale biorefinery demonstration projects. The increase would support

the construction and operation phases for biofuels, such as cellulosic ethanol and renewable

diesel. Also, funds would support an innovative pilot program and deployment of a mobile

feedstock process demonstration.

DOE also sought authority from Congress to transfer $100 million from the EERE appropriation

to the Defense Production Act Fund. This money would be used in joint activities by DOE, the

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Department of Defense, and the Department of Agriculture to develop pilot-scale demonstrations

for production of renewable diesel and jet fuel to be used by the Navy.

The House and Senate bills, as reported by the Appropriations Committees, would not fund the

increased activity. The House bill would appropriate $203 million, the Senate bill $200 million.

The House Appropriations Committee did not agree to the proposed transfer to the Defense

Production Act Fund; the Senate Appropriations Committee approved it.

Solar Energy

For the Solar Program, DOE requested $310 million, a net increase of $21 million over FY2012.

Much of the increase would go to research on new data analysis capabilities to help cut time and

permitting process costs for solar installations. The Senate Appropriations Committee

recommended $293 million, and supported the increase for data analysis. The House bill would

cut the Solar Program to $155 million. The House Appropriations report specified a minimum of

$65 million for Innovations in Manufacturing, and $20 million for Photovoltaic Cell

Development and Supply Chain activities.

Wind Energy

For the Wind Program, DOE requested $95 million, essentially no change over FY2012. The

Senate Appropriations Committee recommended the full amount of the request, while the House

report recommended $70 million. Both reports stressed support for offshore wind technology

development.

Geothermal Technologies

For the Geothermal Program, DOE requested $65 million, an increase of $27.1 million over

FY2012. Much of the increase would go to an Enhanced Geothermal Systems (EGS) Field Sites

program. The Senate bill would fund the Geothermal Program at the requested level. The House

bill would appropriate $30 million. The House Committee report specified no funding for the

EGS program. Both the House and the Senate Appropriations Committees urged DOE to pursue

the potential of low-temperature geothermal sources.

Water Power

For the Water Power Program, DOE requested $20 million, a cut of $38.8 million below FY2012.

Water power technologies employ marine and hydrokinetic (wave, tidal, current, and ocean

thermal) resources, and conventional hydropower resources, to generate electricity. The budget

request would have allocated $15 million to water power technologies and $5 million to

conventional hydropower.

The Senate Appropriations Committee recommended $59 million for water power, in the same

proportion of 75% for water power technologies and 25% for conventional hydropower. The

House Appropriations Committee recommended $25 million for technologies and $20 million for

conventional hydropower.

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Vehicle Technologies

In 2011 the President announced a goal to put 1 million electric vehicles (EVs) on the road by

2015, although since then the administration has backed off from this goal. To help promote EV

development and deployment, DOE requested an increase of $91 million for the Vehicle

Technologies Program over the $329 million appropriated for FY2012. Most of the increase

would support the Electric Vehicle (EV) Grand Challenge, with the goal of assuring U.S.

leadership in the global market for next generation electric vehicle technology. The EV Challenge

focuses on advanced battery technology, power electronics, and advanced charging technology.

Neither the House nor the Senate Appropriations Committees agreed to the increase. The House

bill would appropriate $335 million; the Senate bill $330 million.

Building Technologies

This program develops energy efficiency measures to curb building-related energy costs, with a

goal of reducing energy use 50% by 2030. The program strategy is designed with three linked

paths: improve building components (envelope/windows, HVAC, lighting, and sensors/controls),

strengthen market pull (through cooperation with private industry), and raise energy efficiency

for new equipment (via standards) and new buildings (via model codes).

DOE requested $310 million for FY2013, an increase of $90.8 million over FY2012. The funding

increase would be spread over most building activities, with a special focus on accelerating

currently scheduled rulemakings for equipment standards and on initiating standards for about six

additional (new) products.

Both reports rejected DOE’s proposed overall increase—yet both support another year of funding

for the Building Innovation Hub. The Senate Appropriations Committee recommended $220

million, which is the same as FY2012. The House report recommended $125 million. Also, it

directed DOE to (1) conduct a study of the benefits of an R&D program to improve the

manufacturing of consumer electronics and (2) ensure that any proposed standards for

manufactured housing account for both up-front costs and lifecycle operating costs.

Advanced Manufacturing

DOE proposes to restructure the Industrial Technologies Program into an Advanced

Manufacturing Office (AMO). This reflects an effort to accelerate the program’s evolution in

response to national interests—especially concerns about jobs, critical materials, and international

competitiveness. The general goal for AMO programs is to reduce the energy use of

manufactured goods across targeted product life-cycles by 50% over 10 years. The manufacturing

focus is a major theme of the EERE request, which follows from the President’s Advanced

Manufacturing Partnership initiative. Under EERE, the focus centers on the AMO and is also

evidenced by manufacturing elements under several other technology programs.

To meet the above-noted goal, DOE requested $290 million, a net increase of $174.4 million.

Nearly 80% of the increase would go Next Generation Manufacturing Processes, with the

remainder split between Next Generation Materials and Industrial Technical Assistance. These

proposed increases directly parallel the “Next Generation” manufacturing initiatives proposed in

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Energy and Water Development: FY2013 Appropriations

the FY2012 request. The FY2013 proposals appear to involve less funding, more focus, and more

specifics than those in the FY2012 request.26

The increase for Manufacturing Processes is intended to develop new ways to reduce and/or

integrate the number of steps in industrial processes (e.g. to reduce energy losses from industrial

motors, steam, and process heating activities) and to discover alternate processes (e.g., biomanufacturing to support the production of oil substitutes). Public-private partnerships would be

expanded through manufacturing demonstration facilities (MDFs),27 research/industry

manufacturing awards,28 and manufacturing challenges.29 DOE expects that many projects funded

through the Administration’s Innovative Manufacturing Initiative (IMI) will advance into this

phase, as technologies are scaled up and demonstrated for industrial applications.30 Through these

various activities, small- and medium-sized firms would gain access to specialized technology

that would otherwise be cost-prohibitive. Also, the funding for Next Generation Materials aims to

allow for energy savings in energy intensive processes, create new design opportunities for

renewable energy generation in austere environments, and help bypass the need for critical

materials while reducing cost.

The House Appropriations Committee recommended $150 million, which is $34 million more

than FY2012. The Senate report recommended $168.6 million, which is $52.6 million more than

FY2012. Both reports agreed to extend funding for the Critical Materials Hub for another year.

Federal Energy Management Program (FEMP)

FEMP provides expertise, training, and other services to help federal agencies achieve

congressionally mandated energy efficiency and renewable energy goals. DOE requested $32

million, which would be $2 million more than FY2012. The Senate Appropriations Committee

recommended $30 million and the House Appropriations Committee recommended $18 million.

Program Direction

This program funds federal employees, contract support, and operational costs. DOE requested

$164.7 million, essentially level funding with FY2012. The Senate Appropriations Committee

recommended the full amount of the request. The House report recommended $115 million.

26

The FY2013 funding increase sought for Advanced Manufacturing Office initiatives ($174.4 million) is about $38

million (18%) less than the increase that was requested for FY2012. For more details on the FY2012 request, see CRS

Report R41908, Energy and Water Development: FY2012 Appropriations, coordinated by (name redacted), pages 2223.

27

MDFs promote development, integration, evaluation, and exploitation of advanced materials and energy-efficient,

flexible manufacturing technologies to hasten dissemination of technology developments across the supply chain of

manufacturers. The MDF provides physical and virtual tools—from design to evaluation and testing/verification—for

rapidly prototyping new technologies and optimizing critical manufacturing processes.

28

Laboratory and industry manufacturing awards provide incentives for collaboration between industry and researchers

outside of the private sector, including National Laboratories.

29

Manufacturing Challenges establish open competitions to address non-conventional solutions to pervasive large-scale

problems.

30

IMI public-private partnerships target core technical problems facing an industry or group of industries, that, if

solved, hold the potential to produce large improvements in energy productivity, environmental performance, product

yield, and economic benefits.

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Strategic Programs

For Strategic Programs (formerly Program Support), DOE seeks $58.9 million, an increase of

nearly $34 million over FY2012. Most of the increase would go for joint work with DOE’s Office

of Science on clean energy research and innovation. Also, the International subprogram would

get a $3.5 million increase, from which $2 million would support exports to foreign markets. The

Senate Appropriations Committee recommended $25 million, the FY2012 level, and the House

Appropriations Committee recommended $10 million.

Weatherization Grant Program

This program addresses regulatory, financial, and planning barriers faced by state and local

governments. The goal is to foster technologies, practices, and policies that support state and

local governments in providing home energy services to low-income families that help them

reduce energy costs and save money. DOE requested $139 million for FY2013, compared to $68

million appropriated for FY2012. Nearly all of the addition would increase the number of lowincome households weatherized.31 The Senate Appropriations Committee recommended $145

million. The House Appropriations report cited the availability of $810 million in unspent prior

year funds in its recommendation for $54.6 million.

State Energy Grant Program

This program supports many state energy offices, both administration and activities. DOE

requested $49 million, nearly level funding with FY2012. The Senate Appropriations Committee

recommended $50 million, and the House report recommended $25 million.

Electricity Delivery and Energy Reliability (EDER) Program32

DOE requested $143 million, a net increase of $3.9 million, for EDER, which included $20.0

million for a new Electricity Systems Hub. The Hub would address the growing need for grid

accommodation of renewables, the impact of electric vehicles and distributed generation, and the

advent of smart grid equipment. Hub funding would be mostly offset by cuts to other programs.

The Senate Appropriations Committee recommended the full amount of the request, including

funding for the Hub. The House report recommended $123 million, specifying no funds for the

Hub.

Nuclear Energy33

The Obama Administration’s FY2013 funding request for nuclear energy research and

development totaled $770.4 million. Including advanced reactors, fuel cycle technology,

infrastructure support, and safeguards and security, the total nuclear energy request was $88.3

31

Also, in FY2013, collection and analysis of data from ARRA projects would enable updated estimates of program

energy savings, cost savings, leveraged funds, and other impacts. For more details about the program see CRS Report

R42147, DOE Weatherization Program: A Review of Funding, Performance, and Cost-Effectiveness Studies, by (name

redacted).

32

This section was prepared by (name redacted).

33

This section was prepared by (name redacted).

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million (10%) below the enacted FY2012 funding level. Funding for safeguards and security at

DOE’s Idaho facilities in FY2012 was provided under a separate appropriations account, Other

Defense Activities, but it was included under the Nuclear Energy account in the FY2013 request.

The largest proposed reductions for FY2013 were Reactor Concepts (36%), Radiological Facility

Management (27%) and Nuclear Energy Enabling Technologies (13%).

Excluding funding for Idaho safeguards and security, the House Appropriations Committee

recommended an increase of $89.9 million for the nuclear energy account, for a total of $765.4

million. The committee recommended that $93.4 million for Idaho safeguards and security be

provided under the Other Defense Activities Account. The Senate Appropriations recommended a

$20.1 million increase for nuclear energy, including Idaho safeguards and security and $17.7

million in prior-year balances.

Using reorganized budget categories established for FY2011, the Administration’s FY2013

nuclear R&D budget request is consistent with DOE’s Nuclear Energy Research and

Development Roadmap issued in April 2010.34 The Roadmap lays out the following four main

goals for the program:

•

Develop technologies and other solutions that can improve the reliability, sustain

the safety, and extend the life of current reactors;

•

Develop improvements in the affordability of new reactors to enable nuclear

energy to help meet the Administration’s energy security and climate change

goals;

•

Develop sustainable nuclear fuel cycles; and

•

Understand and minimize the risks of nuclear proliferation and terrorism.

Reactor Concepts

The Reactor Concepts program area includes the Next Generation Nuclear Plant (NGNP)

demonstration project and research on other advanced reactors (often referred to as Generation IV

reactors). This area also includes funding for developing advanced small modular reactors

(discussed in the next section) and to enhance the “sustainability” of existing commercial light

water reactors. The total FY2013 funding request for this program was $73.7 million, a reduction

of $41.2 million from FY2012. The House Appropriations Committee recommended an increase

of $11.1 million from the FY2012 level, while the Senate panel’s recommendation was the same

as the request.

Most of the Administration’s proposed reduction in Reactor Concepts would be for NGNP, a

high-temperature gas-cooled reactor demonstration project authorized by the Energy Policy Act

of 2005 (EPACT05, P.L. 109-58). The reactor is intended to produce high-temperature heat that

could be used to generate electricity, help separate hydrogen from water, or be used in other

industrial processes. DOE is requesting $21.2 million for the NGNP project for FY2013, down

from $40 million provided in FY2012. Under EPACT05, the Secretary of Energy was to decide

by the end of FY2011 whether to proceed toward construction of a demonstration plant. Secretary

of Energy Steven Chu informed Congress on October 17, 2011, that DOE would not proceed with

34

Department of Energy, Nuclear Energy Research and Development Roadmap, Report to Congress, Washington, DC,

April 2010, http://nuclear.gov/pdfFiles/NuclearEnergy_Roadmap_Final.pdf.

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a demonstration plant design “at this time” but would continue research on the technology.35

Potential obstacles facing NGNP include low prices for natural gas, the major competing fuel,

and private-sector unwillingness to share the project’s costs as required by EPACT05.36

According to the DOE budget justification, the NGNP program in FY2013 will focus on fuels for

very high temperature reactors, the graphite used in high-temperature reactor cores, and licensing

issues. The House Appropriations Committee recommended $50 million for NGNP, to allow

DOE to continue developing a licensing framework and continue working with industry on the

program. The Senate panel restricted NGNP activities to ongoing fuel-related research.

Funding for the Advanced Reactor Concepts subprogram would also be reduced sharply by the

Administration request, from $21.9 million in FY2012 to $12.4 million in FY2013. Reactor

concepts being developed by this subprogram are generally classified as “Generation IV”

reactors, as opposed to the existing fleet of commercial light water reactors, which are generally

classified as generations II and III. Such advanced reactors “could dramatically improve nuclear

power performance including sustainability, economics, and safety and proliferation resistance,”

according to the FY2013 justification. Nuclear technology development under this program

includes “fast reactors,” using high-energy neutrons, and reactors that would use a variety of heattransfer fluids, such as liquid sodium and supercritical carbon dioxide. International research

collaboration in this area would continue under the Generation IV International Forum (GIF). The

House Appropriations Committee recommended an increase $1.1 million over FY2012, while the

Senate panel approved the Administration’s proposed reduction.

DOE’s FY2013 request for the Light Water Reactor Sustainability subprogram was $21.7 million,

$3.3 million below the FY2012 appropriation. The program conducts research on extending the

life of existing commercial light water reactors beyond 60 years, the maximum operating period

currently licensed by the Nuclear Regulatory Commission. The program, which is to be costshared with the nuclear industry, is to study the aging of reactor materials and analyze safety

margins of aging plants. Other research under this program is to focus on improving the

efficiency of existing plants, through such measures as increasing plant capacity and upgrading

instrumentation and control systems. Research on longer-life LWR fuel is aimed at eliminating

radioactive leakage from nuclear fuel and increasing its accident tolerance, along with other

“post-Fukushima lessons learned research needs,” according to the budget justification. The

House Appropriations Committee rejected the Administration’s proposed reduction, while the

Senate panel approved it.

Small Modular Light Water Reactors

Rising cost estimates for large conventional nuclear reactors—widely projected to be $6 billion or

more—have contributed to growing interest in proposals for small modular reactors (SMRs).

Ranging from about 40 to 350 megawatts of electrical capacity, such reactors would be only a

fraction of the size of current commercial reactors. Several modular reactors would be installed

together to make up a power block with a single control room, under most concepts. Current

SMR proposals would use a variety of technologies, including high-temperature gas technology

in the NGNP program and the light water (LWR) technology used by today’s commercial

reactors.

35

Idaho National Laboratory, NGNP Project 2011 Status and Path Forward, INL/EXT-11-23907, December 2011.

Yanmei Xie, “Cheap Natural Gas, Cost-Share Disagreement Jeopardize NGNP,” Nucleonics Week, April 28, 2011,

p. 1.

36

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DOE requested $65 million for FY2013 to provide technical support for licensing small modular

LWRs, $2 million below the FY2012 funding level. This program focuses on LWR designs

because they are believed most likely to be deployed in the near term, according to DOE.

Conferees on the FY2012 appropriations bill anticipated a five-year program totaling $452

million. The program is similar to DOE’s support for larger commercial reactor designs under the

Nuclear Power 2010 Program, which ended in FY2010. DOE will provide support for design

certification, standards, and licensing. As with the Nuclear Power 2010 Program, at least half the

costs of the LWR SMR program are to be covered by industry partners, according to DOE. The

program will support two teams of reactor vendors and specific utilities or consortia who are

interested in building the reactors at specific sites, according to the DOE justification. DOE

announced a funding solicitation for the program on March 22, 2012.37 The House Appropriations

Committee recommended $114 million for the SMR licensing program, $47 million above

FY2012. The committee report called the increase necessary to keep the program on track to

receive $452 million over five years. The Senate panel provided the same funding as in the

budget request.

An additional $18.5 million for FY2013 was requested by DOE under the Reactor Concepts

program (described in the section above) for SMR advanced concepts R&D—$10.2 million

below the FY2012 funding level. Unlike the SMR licensing support program, which focuses on

conventional LWR technology, the SMR advanced concepts program would conduct research on

technologies that might be deployed in the longer term, according to the budget justification. The

House Appropriations Committee rejected the Administration’s proposed reduction, while the

Senate panel approved the budget request.

Small modular reactors would go against the overall trend in nuclear power technology toward

ever-larger reactors intended to spread construction costs over a greater output of electricity.

Proponents of small reactors contend that they would be economically viable despite their far

lower electrical output because modules could be assembled in factories and shipped to plant

sites, and because their smaller size would allow for simpler safety systems. In addition, although

modular plants might have similar or higher costs per kilowatt-hour than conventional large

reactors, their ability to be constructed in smaller increments could reduce electric utilities’

financial commitment and risk.

Fuel Cycle Research and Development

The Fuel Cycle Research and Development Program conducts “long-term, science-based”

research on a wide variety of technologies for improving the management of spent nuclear fuel,

according to the DOE budget justification. The total FY2013 funding request for this program is

$175.4 million, $10.8 million below the FY2012 appropriation. The House Appropriations

Committee recommended $138.7 million for Fuel Cycle R&D, $36.7 million below the request.

The Senate panel recommended $193.1 million, $17.7 million above the request.

The range of fuel cycle technologies being studied by the program includes direct disposal of

spent fuel (the “once through” cycle) and partial and full recycling, according to the budget

justification. The Fuel Cycle R&D Program “will research and develop a suite of technology

37

Department of Energy, “Obama Administration Announces $450 Million to Design and Commercialize U.S. Small

Modular Nuclear Reactors,” press release, March 22, 2012, http://www.ne.doe.gov/newsroom/2012PRs/

nePR032212_print.html.

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Energy and Water Development: FY2013 Appropriations

options that will enable future decision-makers to make informed decisions about how best to

manage nuclear waste and used fuel from reactors,” the budget justification says.

Much of the planned research on spent fuel management options will address the near-term

recommendations of the Blue Ribbon Commission on America’s Nuclear Future, which issued its

final report on January 26, 2012.38 The commission was chartered to develop alternatives to the

planned Yucca Mountain, NV, spent fuel repository, which President Obama wants to terminate.

The largest subprogram under Fuel Cycle Research and Development is Used Nuclear Fuel

Disposition, with a request of $59.7 million, the same as the FY2012 funding level. Activities in

that area include work toward the development and licensing of standardized spent fuel

containers, studies of potential spent fuel disposal partnerships, and the accelerated

characterization of potential geologic media for waste disposal.

The House report contended that much of the proposed research in the Used Fuel Disposition

Program relates to waste program changes recommended by the Blue Ribbon Commission that

have not been enacted by Congress. As a result, the panel reduced funding for Used Fuel

Disposition to $38 million, $15 million of which would be for storage and transportation work

related to the Yucca Mountain repository. The Senate panel’s $17.7 million increase from the

budget request consists of prior-year funds that would be used for a spent fuel storage pilot

project (see the “Nuclear Waste Disposal” section for more details).

Other major research areas in the Fuel Cycle R&D Program include the development of advanced

fuels for existing commercial reactors and advanced reactors, improvements in nuclear waste

characteristics, and technology to increase nuclear fuel resources, such as uranium extraction

from seawater.

Nuclear Energy Enabling Technologies

The Nuclear Energy Enabling Technologies (NEET) program “is designed to conduct research

and development (R&D) in crosscutting technologies that directly support and enable the

development of new and advanced reactor designs and fuel cycle technologies,” according to the

FY2013 DOE budget justification. The DOE funding request for the program was $65.3 million,

$9.4 million below the FY2012 level. The House Appropriations Committee recommended $75

million, nearly the same as in FY2012, while the Senate panel recommended the same funding as

the request.

DOE’s proposed funding cut would come entirely under the category of Crosscutting Technology

Development, for which $26.2 million was requested, $9.7 million below FY2012. According to

the budget justification, the cuts result from elimination of research on manufacturing methods

and nonproliferation risk assessments. Continuing crosscutting research activities are to include

development of innovative materials, advanced automation and information technologies,

advanced sensors, and improved fuel performance. The Energy Innovation Hub for Modeling and

Simulation, created in FY2010, had a request of $24.6 million, slightly above the FY2012

appropriation. The Modeling and Simulation Hub is creating a computer model of an operating

38

Blue Ribbon Commission on America’s Nuclear Future, “Blue Ribbon Commission on America’s Nuclear Future

Issues Final Report to Secretary of Energy,” press release, January 26, 2012, http://brc.gov/index.php?q=

announcement/brc-releases-their-final-report.

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reactor to allow a better understanding of nuclear technology, with the benefits of such modeling

extending to other energy technologies in the future, according to the budget justification.

DOE requested $14.6 million for the National Scientific User Facility, the same as the FY2012

appropriation, to support partnerships by universities and other research organizations to conduct

experiments “at facilities not normally accessible to these organizations,” according to the

justification. Up to five such partnerships are currently anticipated, and the FY2013 funding will

allow up to three new long-term and five “rapid turnaround” projects to be awarded.

Fossil Energy Research and Development39

The Obama Administration proposed a new budget structure for the FY2012 Fossil Energy

Research and Development (FER&D) program that emphasized coal with a focus on carbon

capture and storage (CCS) technologies. The new structure was adopted in the final

appropriations bill. The CCS program is intended to demonstrate advanced clean coal

technologies on a commercial-project scale, and build and operate near-zero atmospheric

emissions power plants that capture and store carbon dioxide (CO2). A Carbon Capture subprogram focuses on separating CO2 in both pre-combustion and post-combustion systems. The

Carbon Storage sub-program focuses on long-term geologic storage of CO2, including small- and

large-scale CO2 injection tests. An Advanced Energy Systems sub-program focuses on improving

the efficiency of coal-based power systems to capture CO2. The Advanced Energy Systems subprogram focuses on improving the efficiency of coal-based power systems, enabling affordable

CO2 capture, increasing plant availability, and maintaining the highest environmental standards.

The Cross-Cutting Research activity serves as a bridge between basic and applied research by

fostering the development and deployment of innovative systems.

For FY2013 the budget structure remains unchanged, and the Administration requested $420.6

million and the use of $7.9 million in prior-year balances, bringing spending on Fossil Energy

R&D to $428.5 million. The Administration had proposed eliminating spending on Natural Gas

Technology, Unconventional Technologies, and Cooperative R&D for FY2011, but Congress

insisted on continued spending on natural gas both in FY2011 and FY2012. For FY2013 the

Administration requested $17 million for Natural Gas Technologies.

The House Committee recommended $554 million for Fossil Energy Research and Development,

$207.3 million above FY2012 and $133.4 million above the budget request. After accounting for

rescissions of $187.3 million in FY2012, the recommendation is $20 million above FY2012. The

committee recommendation of $384.3 million for Carbon Capture and Sequestration (CCS) and

Power Systems includes $68.9 million for Carbon Capture, $115.3 million for Carbon Storage

($16 million for enhanced oil recovery technologies), $110 million for Advanced Energy Systems

($25 million for solid oxide fuel systems research, development, and demonstration), $10 million

for coal-biomass to liquids activities, $5 million for High Performance Materials, $55 million for

Cross-Cutting Research, and $35 million for NETL Coal Research and Development. The

committee also recommended $17 million for Natural Gas Technologies ($10 million for shale

gas extraction, and $2 million for Risk Based Data Management Systems), and $115.7 million for

Program Direction. With gasoline prices once again at record levels, the committee report says, it

is more important than ever to use all means possible to increase the domestic oil supply, and

recommended $25 million for a new program in Unconventional Fossil Energy Technologies.

39

This section was prepared by (name redacted).

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Energy and Water Development: FY2013 Appropriations

The Senate Committee recommended $460.6 million for Fossil Energy Research and

Development, $40 million more than the budget request. The committee recommendation of

$301.6 million for Carbon Capture and Sequestration includes $60.4 million for Carbon Capture,

$95.5 million for Carbon Storage, $80.9 million for Advanced Energy Systems, $29.7 million for

Cross-Cutting Research, and $35.0 million for NETL Coal Research and Development. The

committee also recommended $22 million for Natural Gas Technologies, $5 million for a new

Unconventional Fossil Energy program, and $120 million for Program Direction.

Table 10. Fossil Energy Research and Development Program (FER&D)

($ millions)

FY2011

Approp.

FY2012

Approp.

FY2013

Request

400.2

0.0

0.0

Carbon Capture

0.0

68.9

60.4

68.9

60.4

Carbon Storage

0.0

115.5

95.5

115.3

95.5

Advanced Energy Systems

0.0

100.0

55.2

110.0

80.9

Cross Cutting Research

0.0

49.2

29.8

55.0

29.7

National Energy Tech. Lab

Coal R&D

0.0

35.0

35.0

35.0

35.0

CCS Subtotal

0.0

368.6

275.9

384.3

301.6

25.0

5.0

Fuels and Power Systems

House

Senate

Conf.

CCS Demonstration

Unconventional FE

Natural Gas Technologies

2.0

15.0

17.0

17.0

22.0

Program Direction

151.7

120.0

115.8

115.8

120.0

Plant and Capital

Equipment

20.0

16.8

13.3

13.3

13.3

F E Environmental

Restoration

10.0

7.9

5.9

5.9

5.9

Special Recruitment

Program

0.7

0.7

0.7

0.7

0.7

584.5

534.0

428.6

562.0

468.5

0.0

0.0

-7.9

-7.9

-7.9

Rescission

-140.0

-187.0

0

0

0

Total

444.5

347.0

420.6

554.0

460.6

Subtotal

Prior-year balances

Source: FY2013 Budget Request, H.Rept. 112-462, and S.Rept. 112-164.

Strategic Petroleum Reserve40

The Strategic Petroleum Reserve (SPR), authorized by the Energy Policy and Conservation Act

(P.L. 94-163) in 1975, consists of caverns formed out of naturally occurring salt domes in

40

This section was prepared by (name redacted).

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Energy and Water Development: FY2013 Appropriations

Louisiana and Texas. The purpose of the SPR is to provide an emergency source of crude oil that

may be tapped in the event of a presidential finding that an interruption in oil supply, or an

interruption threatening adverse economic effects, warrants a drawdown from the reserve. By

early 2010, the SPR’s maximum capacity reached 727 million barrels.41

The federal government has not purchased oil for the SPR since 1994. Beginning in 2000,

additions to the SPR were made with royalty-in-kind (RIK) oil acquired by the Department of

Energy in lieu of cash royalties paid on production from federal offshore leases. In September

2009 the Secretary of the Interior announced a transitional phasing out of the RIK Program.42

In its FY2012 request, the Obama Administration had proposed a sale of $500 million in

petroleum from the SPR, to be completed not later than March 1, 2012, for deposit in the General

Fund of the Treasury. In summer 2011, the President ordered an SPR sale in coordination with an

International Energy Administration sale under treaty obligation. The U.S. sale of 30.6 million

barrels, for a total of about $3.3 billion, reduced the SPR inventory to 695.9 million barrels.

For FY2013, the administration requested $195.6 million to operate the SPR, an increase from

the $192.7 million enacted in for FY2012. The Administration also proposed rescinding $291

million in balances from the SPR account resulting from the emergency sale of SPR oil

conducted in 2011.

The House and Senate Committees recommended $195.6 million for operation of the SPR, and

opposed the Administrations proposed rescission of $291 million from the SPR Account.

Science43

The DOE Office of Science conducts basic research in six program areas: basic energy sciences,

high-energy physics, biological and environmental research, nuclear physics, advanced scientific

computing research, and fusion energy sciences. Through these programs, DOE is the thirdlargest federal funder of basic research and the largest federal funder of research in the physical

sciences.44 For FY2013, DOE requested $4.992 billion for the Office of Science, an increase of

2.4% from the FY2012 appropriation of $4.874 billion. The House committee recommended

$4.801 billion. The Senate committee recommended $4.909 billion. (See Table 11.)

41

For details on the SPR see CRS Report R41687, The Strategic Petroleum Reserve and Refined Product Reserves:

Authorization and Drawdown Policy, by (name redacted) and (name redacted).

42

Bureau of Ocean Management, Regulation and Enforcement. http://www.mrm.boemre.gov/AssetManagement/

default.htm.

43

This section was prepared by (name redacted).

44

Based on preliminary FY2010 data from Tables 29 and 22 of National Science Foundation, Division of Science

Resources Statistics, Federal Funds for Research and Development: Fiscal Years 2008-10, NSF 12-308 (April 2012).

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Table 11. Science

($ millions)

FY2012

Approp.

FY2013

Request

House

Senate

Basic Energy Sciences

$1,688.1

$1,799.6

$1,657.1

$1,712.1

High Energy Physics

790.9

776.5

776.5

781.5

Biological and Environmental Research

609.6

625.3

542.0

625.3

Nuclear Physics

547.4

526.9

547.9

539.9

Advanced Scientific Computing Research

440.9

455.6

442.0

455.6

Fusion Energy Sciences

401.0

398.3

474.6

398.3

Science Program Direction

185.0

202.6

185.0

190.0

Science Laboratories Infrastructure

111.8

117.8

112.3

117.8

Safeguards and Security

80.6

84.0

82.0

83.0

Workforce Development for Teachers and Scientists

18.5

14.5

14.5

14.5

Use/Rescission of Prior-Year Balances

—

(9.1)

(32.6)

(9.1)

4,873.6

4,992.1

4,801.4

4,909.0

Program

Total

Conf.

Source: FY2013 budget request, draft House committee report, S.Rept. 112-164.

The Administration’s stated goal is to double the funding of the Office of Science.45 This

continues a plan initiated by the Bush Administration in January 2006. The original target under

both Administrations was to achieve the doubling goal in the decade from FY2006 to FY2016.

The Administration’s current policy no longer specifies a completion date. The FY2013 request is

37% more than the FY2006 baseline. The House and Senate committee recommendations are

respectively 32% and 35% more than the baseline.

The request for the largest Office of Science program, basic energy sciences, is $1.800 billion.

This would be an increase of $111 million from FY2012 and accounts for nearly the entire

increase requested for the Science account. The increase would fund science in support of clean

energy, such as combustion research to improve simulation of advanced engines; research on

materials and chemistry by design; and jointly funded R&D with the Office of Energy Efficiency

and Renewable Energy. The request would also support increased utilization of existing scientific

user facilities and the start of construction of the Linac Coherent Light Source-II, a new highenergy x-ray source. The House committee recommended $1.657 billion, including $33 million

less than the request for facility operations, $20 million less than the request for energy frontier

research centers, $76 million less than the request for other research activities, and $14 million

less than the request for construction projects. The Senate committee recommended $1.712

billion, including $88 million less than the request for research activities but the full requested

amount for construction. Both committee reports directed DOE not to engage the energy frontier

research centers in joint work with the Office of Energy Efficiency and Renewable Energy; they

stated that DOE had not adequately justified this proposal.

45

For more information, see CRS Report R41951, An Analysis of Efforts to Double Federal Funding for Physical

Sciences and Engineering Research, by (name redacted)

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For high-energy physics, the request is $777 million, a decrease of $14 million from FY2012.

Nonaccelerator physics projects would increase $12 million, in part to support engineering and

design work on the Large-Scale Synoptic Telescope, a joint activity with the National Science

Foundation. This increase would be more than offset, however, by reductions elsewhere in the

program. Facilities funding at Fermilab would decrease $13 million because of a planned

shutdown to perform accelerator upgrades. Accelerator development would decrease $23 million

because of the completion of R&D on the International Linear Collider. Construction of the Long

Baseline Neutrino Experiment (LBNE) would not be funded. The House committee

recommended $16 million for LBNE, offset by a reduction of $16 million in other activities. The

Senate committee also recommended $16 million for LBNE, partially offset by a reduction of $11

million for other activities.

The request for biological and environmental research is $625 million, an increase of $16 million

from FY2012. Most of the increase ($12 million) would be for terrestrial ecosystem science.

Funding for radiobiology would decrease $5 million. The House committee recommended $542

million and expressed support for the program’s activities in biological systems science without

mentioning its activities in climate and environmental sciences. The Senate committee

recommended the requested amount.

For nuclear physics, the request is $527 million, down $20 million from FY2012. Funding for

continued construction of an upgrade at the Continuous Electron Beam Accelerator Facility

(CEBAF) would decrease $9 million. Utilization of existing nuclear physics user facilities would

decrease: the Relativistic Heavy Ion Collider (RHIC) from 58% to 33%, and the Argonne

Tandem Linac Accelerator System (ATLAS) from 95% to 80%. The House committee

recommended $21 million more than the request to support facility operations and maintenance.

The Senate committee recommended $13 million more than the request for the same purpose.

The request for advanced scientific computing research is $456 million, an increase of $15

million. Research funding would increase by $28 million, while facilities funding would decrease

by $13 million. The House committee recommended $442 million and expressed concern that

DOE had not yet provided a long-term plan for exascale computing that was mandated by prior

appropriations reports. The Senate committee recommended the requested amount.

The request for fusion energy sciences is $398 million, a decrease of $3 million. The proposed

U.S. contribution to the International Thermonuclear Experimental Reactor (ITER), a fusion

research facility currently under construction in France, is $150 million, an increase of $45

million. As a consequence, funding for domestic fusion activities would decrease by $48 million.

Among the affected domestic activities, the Alcator C-Mod fusion reactor would be permanently

shut down. Policymakers and fusion researchers have long been concerned about the impact of

ITER’s funding needs on the availability of resources for the domestic fusion program. The

House committee recommended $475 million, including $28 million more than the request for

ITER and $48 million more than the request for the domestic program. The Senate committee

recommended the requested amount.

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ARPA-E46

The Advanced Research Projects Agency–Energy (ARPA-E) was authorized by the America

COMPETES Act (P.L. 110-69) to support transformational energy technology research projects.

It received its first funding in FY2009, mostly through the American Recovery and Reinvestment

Act of 2009 (P.L. 111-5), and announced its first round of contract awards in October 2009. DOE

budget documents describe ARPA-E’s mission as overcoming long-term, high-risk technological

barriers to the development of energy technologies. The request for ARPA-E in FY2013 is $350

million, an increase of $75 million from FY2012. The House committee recommended $200

million. The Senate committee recommended $312 million, which it noted is the amount

authorized by the America COMPETES Reauthorization Act of 2010 (P.L. 111-358).

Nuclear Waste Disposal47

The Administration’s FY2013 budget includes no funding for DOE’s Office of Civilian

Radioactive Waste Management (OCRWM), which was established by the Nuclear Waste Policy

Act of 1982 (NWPA, 42 U.S.C. 10101 et seq.) to dispose of highly radioactive waste from

nuclear power plants and defense facilities. OCRWM had been developing a permanent nuclear

waste repository at Yucca Mountain, NV, as specified by an NWPA amendment in 1987.

Funding for OCWRM ended after FY2010, so the office has been closed and activities at the

Yucca Mountain site halted.

The Obama Administration “has determined that developing the Yucca Mountain repository is

not a workable option and the Nation needs a different solution for nuclear waste disposal,”

according to the DOE FY2011 budget justification. To develop alternative waste management

strategies, the Administration established the Blue Ribbon Commission on America’s Nuclear

Future, which issued its final report to the Secretary of Energy on January 26, 2012.48 The Blue

Ribbon Commission recommended that future efforts to develop nuclear waste facilities follow a

“consent based” approach.

The House Appropriations Committee sharply criticized the Administration’s nuclear waste

policy and provided $25 million for FY2013 to resume work on the Yucca Mountain repository.

The Senate Committee included language (§312) authorizing a pilot program to demonstrate one

or more consolidated interim storage facilities for spent nuclear fuel and high level waste. Any

proposed storage site would require the consent of the affected state governor, local government

of jurisdiction, affected Indian tribes, and Congress. The Senate panel directed DOE to use $2

million of its program direction funding for the pilot program, along with $17.7 million in

unobligated prior-year appropriations from the Nuclear Waste Fund.

DOE had filed a license application with the Nuclear Regulatory Commission (NRC) for the

proposed Yucca Mountain repository in June 2008 but filed a motion to withdraw the application

on March 3, 2010. An NRC licensing panel rejected DOE’s withdrawal motion June 29, 2010, on

the grounds that NWPA requires full consideration of the license application by NRC. The full

NRC Commission deadlocked on the issue September 9, 2011, leaving the licensing panel’s

46

This section was prepared by (name redacted).

This section was prepared by (name redacted).

48

Blue Ribbon Commission on America’s Nuclear Future, Report to the Secretary of Energy, January 2012,

http://brc.gov/sites/default/files/documents/brc_finalreport_jan2012.pdf.

47

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decision in place and prohibiting DOE from withdrawing the Yucca Mountain application.

However, the commission ordered at the same time that the licensing process be halted because of

“budgetary limitations.”49 No funding was provided in FY2012 or requested for FY2013 to

continue Yucca Mountain licensing activities, although the issue is currently the subject of a

federal appeals court case.50

The final report of the Blue Ribbon Commission on America’s Nuclear Future recommended

options for temporary storage, treatment, and permanent disposal of highly radioactive nuclear

waste, along with an evaluation of nuclear waste research and development programs and the

need for legislation. It did not recommend specific sites for new nuclear waste facilities or

evaluate the suitability of Yucca Mountain.

The commission’s proposed “consent-based” approach called for the roles of local, state, and

tribal governments to be negotiated for each potential site. The development of consolidated

waste storage and disposal facilities should begin as soon as possible, the commission urged. A

new waste management organization should be established to develop the repository, along with

associated transportation and storage systems, according to the commission. The new

organization should have “assured access” to the Nuclear Waste Fund, which holds fees collected

from nuclear power plant operators to pay for waste disposal. Under NWPA, DOE could not

spend those funds without congressional appropriations.

DOE’s Office of Nuclear Energy (NE) has taken over the remaining functions of OCRWM and

will “lead all future waste management activities,” according to the FY2011 budget justification.

Substantial funding has been requested for NE to conduct research on nuclear waste disposal

technologies and to respond to the recommendations of the Blue Ribbon Commission (see

“Nuclear Energy” section above for more details).

The House Appropriations Committee noted that many of the Blue Ribbon Commission’s

recommendations would require changes in law to implement and cautioned the Administration

against efforts to “unilaterally develop or implement policy” on nuclear waste management. The

Senate panel directed DOE to implement the waste storage pilot program in its bill “consistent

with the recommendations in the Blue Ribbon Commission’s final report.”

NWPA required DOE to begin taking waste from nuclear plant sites by January 31, 1998.

Nuclear utilities, upset over DOE’s failure to meet that deadline, have won two federal court

decisions upholding the department’s obligation to meet the deadline and to compensate utilities

for any resulting damages. Utilities have also won several cases in the U.S. Court of Federal

Claims. DOE estimates that liability payments would eventually exceed $20 billion if DOE were

to begin removing waste from reactor sites by 2020, the previous target for opening Yucca

Mountain.51 (For more information, see CRS Report R42513, U.S. Spent Nuclear Fuel Storage,

by (name redacted); CRS Report RL33461, Civilian Nuclear Waste Disposal, by (name redacted); and

CRS Report R40996, Contract Liability Arising from the Nuclear Waste Policy Act (NWPA) of

1982, by (name redacted).)

49

Nuclear Regulatory Commission, “In the Matter of U.S. Department of Energy (High-Level Waste Repository),”

CLI-11-07, September 9, 2011, http://www.nrc.gov/reading-rm/doc-collections/commission/orders/2011/201107cli.pdf.

50

U.S. Circuit Court of Appeals for the District of Columbia Circuit, USCA Case #11-1271, Yucca Mountain Reply

Brief of Petitioners Mandamus Action, February 13, 2012, http://www.naruc.org/policy.cfm?c=filings.

51

Ibid., p. 80.

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Loan Guarantees and Direct Loans52

DOE’s Loan Programs Office provides loan guarantees for projects that deploy specified energy

technologies, as authorized by Title XVII of the Energy Policy Act of 2005 (EPACT05, P.L. 10958), and direct loans for advanced vehicle manufacturing technologies. No funding for additional

loans and loan guarantees was requested for FY2013. However, $38 million for loan guarantee

administrative expenses would be offset by fees, and $9 million was requested for administrative

expenses for the vehicle manufacturing loan program, an increase of $3 million over FY2012.

The House and Senate Appropriations Committees approved the $38 million request for the loan

guarantee program. The House panel cut the vehicle manufacturing request to $6 million, while

the Senate panel approved the full request.

Two major loan guarantee programs are currently conducted by the DOE Loan Programs Office:

•

Section 1703 innovative clean energy technology loan guarantees. Loan

guarantees are provided for “new or significantly improved technologies,” as

compared to existing commercial technologies, that “avoid, reduce, or sequester”

air pollutants and greenhouse gas emissions. Eligible technology categories

include renewable energy, advanced fossil energy, advanced nuclear energy,

energy efficiency, and pollution control.

•

Section 1705 renewable energy, electric transmission, and advanced biofuels

loan guarantees. Established by Section 406 of the American Recovery and

Reinvestment Act (ARRA, P.L. P.L. 111-5), the Section 1705 program was

designed as a temporary economic stimulus measure available through the end of

FY2011. Unlike the Section 1703 program, which is limited to innovative

technologies, loan guarantees are available to already-commercialized renewable

energy and electric transmission technologies.

Title XVII allows DOE to provide loan guarantees for up to 80% of construction costs for eligible

energy projects. Under such loan guarantee agreements, the federal government would repay all

covered loans if the borrower defaulted. This would reduce the risk to lenders and allow them to

provide financing at below-market interest rates. DOE currently has two conditional loan

guarantee commitments pending under Section 1703, totaling $10.33 billion for nuclear power

and nuclear fuel projects. Under Section 1705, final loan guarantees have been issued for 26

projects, totaling $16 billion.53

DOE issued final rules for the program October 4, 2007.54 DOE’s proposed loan guarantee rules,

published May 16, 2007, had faced sharp criticism for limiting the guarantees to 90% of a

project’s debt. The affected industries contended that EPACT05 allows all of a project’s debt to

be covered, as long as debt does not exceed 80% of total construction costs. In its explanation of

the proposed rules, DOE expressed concern that guaranteeing 100% of a project’s debt could

reduce lenders’ incentive to perform adequate due diligence and therefore increase default risks.

52

This section was prepared by (name redacted). For more details on loan guarantees, see CRS Report R42152,

Loan

Guarantees for Clean Energy Technologies: Goals, Concerns, and Policy Options, by (name redacted).

53

U.S. Department of Energy Loan Programs Office, “The Financing Force Behind America’s Clean Energy

Economy,” https://lpo.energy.gov/?page_id=45. For a critique of the loan guarantee process, see U.S. Government

Accountability Office, DOE Loan Guarantees: Further Actions Are Needed to Improve Tracking and Review of

Applications, GAO-12-157, March 2012, http://www.gao.gov/products/GAO-12-157.

54

Published October 23, 2007 (72 Federal Register 60116).

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In the final rule, however, DOE agreed to guarantee up to 100% of debt, but only for loans issued

by the Federal Financing Bank.

DOE’s first loan guarantee under Section 1705 was issued in September 2009 to Solyndra Inc., a

manufacturer of photovoltaic equipment. Solyndra’s bankruptcy announcement on August 31,

2011, prompted strong congressional criticism of the Administration’s management of the loan

guarantee program.55 Solyndra’s DOE loan guarantee totaled $535 million, and the company’s

bankruptcy placed most or all of that amount at risk. (For details, see CRS Report R42058,

Market Dynamics That May Have Contributed to Solyndra’s Bankruptcy, by (name redacted).)

Subsidy Costs

Title XVII requires the estimated future government costs resulting from defaults on guaranteed

loans to be covered up-front by appropriations or by payments from project sponsors (borrowers).

These “subsidy costs” are calculated as the present value of the average possible future net costs

to the government for each loan guarantee, on a case-by-case basis. If those calculations are

accurate, the subsidy cost payments for all the guaranteed projects together should cover the

future costs of the program. However, the Congressional Budget Office has predicted that the upfront subsidy cost payments will prove too low by at least 1% and is scoring bills accordingly.56

As a result, appropriations bills that provide loan guarantee authorizations include an adjustment

totaling 1% of the loan guarantee ceiling.

Subsidy costs for Section 1703 loan guarantees must usually be paid by project sponsors, because

no appropriations for that program were provided before FY2011 (as described below). However,

ARRA appropriated $6 billion to cover the subsidy costs of Section 1705 loan guarantees, so

subsidy cost payments are not required from project sponsors under that program. The total loan

guarantee amounts that could be provided under ARRA depend on the level of subsidy costs that

would be charged. For example, if the subsidy costs averaged 10% of the total guaranteed loans,

then $6 billion in subsidy cost appropriations would support $60 billion in loan guarantees.

However, $2 billion of Section 1705 subsidy cost appropriation was subsequently transferred to

the Consumer Assistance to Recycle and Save (“cash for clunkers”) automobile trade-in program

by P.L. 111-47, and another $1.5 billion was rescinded to help pay for the Education Jobs and

Medicaid Assistance Act (P.L. 111-226), leaving $2.5 billion. Of the $2.5 billion available for

subsidy costs, $1.9 billion had been obligated by the end of FY2011.57

Authorized Loan Guarantee Amounts

Under the Federal Credit Reform Act (FCRA), federal loan guarantees cannot be provided

without an authorized level in an appropriations act or an appropriation for the subsidy costs.

Pursuant to FCRA, the FY2007 continuing resolution (P.L. 110-5) established an initial cap of $4

55

Opening Statement of the Honorable Cliff Stearns, Chairman, Subcommittee on Oversight and Investigations.

“Solyndra and the DOE Loan Guarantee Program,” September 14, 2011,

http://republicans.energycommerce.house.gov/Media/file/Hearings/Oversight/091411/Stearns.pdf.

56

Congressional Budget Office, S. 1321, Energy Savings Act of 2007, CBO Cost Estimate, Washington, DC, June 11,

2007, pp. 7-9, http://www.cbo.gov/ftpdocs/82xx/doc8206/s1321.pdf; and CBO, Fair-Value Accounting for Federal

Credit Programs, Issue Brief, March 2012, http://www.cbo.gov/publication/43027.

57

DOE Weekly Financial and Activity Report, September 30, 2011, http://www.recovery.gov/transparency/agency/

reporting/agency_reporting2.aspx?agency_code=89&dt=09/30/2011.

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billion on loan guarantees under the Section 1703 program, without allocating that amount among

the various eligible technologies. The explanatory statement for the FY2008 omnibus funding act

(P.L. 110-161) increased the Section 1703 loan guarantee ceiling to $38.5 billion through

FY2009, including $18.5 billion specifically for nuclear power plants and $2 billion for uranium

enrichment plants.58

The FY2009 Omnibus Appropriations Act (P.L. 111-8) increased DOE’s total loan guarantee

authority under Section 1703 to $47 billion, in addition to the $4 billion authorized in FY2007,

half of which DOE has designated for uranium enrichment. Of the $47 billion, $18.5 billion

continued to be reserved for nuclear power, $18.5 billion was for energy efficiency and

renewables, $6 billion was for coal, $2 billion was for carbon capture and sequestration, and $2

billion was for uranium enrichment. The time limits on the Section 1703 loan guarantee authority

were eliminated. The FY2011 Department of Defense and Full-Year Continuing Appropriations

Act (P.L. 112-10) reduced the previous loan guarantee authority for Section 1703 non-nuclear

technologies to $8.3 billion but added new authority for a total of $9.5 billion. Including the $2

billion in FY2007 authority that has not been designated for uranium enrichment, the Section

1703 non-nuclear loan guarantee ceiling stands at about $11.5 billion. Nuclear loan guarantees

remain at $18.5 billion, and uranium enrichment totals $4 billion.

Unobligated appropriations for subsidy cost payments under the Section 1705 loan guarantee

program were no longer available after FY2011, as noted above. However, the FY2011

Continuing Appropriations Act provided $170 million, with no expiration, to pay subsidy costs

for renewable energy and efficiency projects under the Section 1703 program. The act also

provided authority for up to $1.183 billion in loan guarantees for those renewable energy and

efficiency projects, in addition to the $32.8 billion in Section 1703 authority remaining from

earlier appropriations acts for all technologies. The additional loan guarantee authority and

subsidy cost appropriation provided by the FY2011 Continuing Appropriations Act is available to

projects that applied under the expiring Section 1705 before February 24, 2011.

Following is a summary of the various elements of the current DOE loan guarantee program, as

modified by the FY2011 Continuing Appropriations Act (CR):

58

•

$8.3 billion ceiling in CR on non-nuclear technologies under Section 1703 ($317

million conditionally committed), reduced from ceilings set in FY2009.

•

$2 billion for unspecified projects from FY2007 under Section 1703, not affected

by CR.

•

$18.5 billion ceiling for nuclear power plants ($8.3 billion conditionally

committed).

•

$4 billion allocated for loan guarantees for uranium enrichment plants ($2 billion

conditionally committed).

•

$1.183 billion ceiling for renewable energy and energy efficiency projects under

Section 1703, in addition to other ceiling amounts, which can include pending

applications under Section 1705.

•

An appropriation of $170 million for subsidy costs for renewable energy and

energy efficiency loan guarantees under Section 1703. If the subsidy costs

Congressional Record, December 17, 2007, p. H15585.

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averaged 10% of the loan guarantees, this funding could support loan guarantees

totaling $1.7 billion.

•

$2.5 billion for Section 1705 subsidy costs appropriated by ARRA. As noted

above, about $1.9 billion of this funding was used to pay the subsidy costs for

$16 billion in loan guarantees with final commitments under Section 1705, for

which the deadline was September 30, 2011.59

Advanced Technology Vehicle Manufacturing Loans

DOE also administers the Advanced Technology Vehicles Manufacturing (ATVM) Loan

Program established by the Energy Independence and Security Act of 2007 (P.L. 110-140).60 The

FY2009 Continuing Resolution appropriated $7.5 billion to allow DOE to issue up to $25 billion

in direct loans. The program was designed to provide loans to eligible automobile manufacturers

and parts suppliers for making investments in their plant capacity to produce vehicles with

improved fuel economy. Along with the EPACT loan guarantee programs, the ATVM Loan

Program is administered by the DOE Loan Programs Office. DOE reports that five ATVM loans

have been issued, totaling $8.4 billion.61

Nuclear Weapons Stockpile Stewardship62

Congress established the Stockpile Stewardship Program in the FY1994 National Defense

Authorization Act (P.L. 103-160), “to ensure the preservation of the core intellectual and

technical competencies of the United States in nuclear weapons.” The FY2010 National Defense

Authorization Act, (P.L. 111-84, §3111), amended this language to state that the program is to

ensure “(1) the preservation of the core intellectual and technical competencies of the United

States in nuclear weapons, including weapons design, system integration, manufacturing,

security, use control, reliability assessment, and certification; and (2) that the nuclear weapons

stockpile is safe, secure, and reliable without the use of underground nuclear weapons testing.”

The program is operated by the National Nuclear Security Administration (NNSA), a

semiautonomous agency within DOE that Congress established in the FY2000 National Defense

Authorization Act (P.L. 106-65, Title XXXII).

Stockpile stewardship consists of all activities in NNSA’s Weapons Activities account, as

described below. Table 12 presents Weapons Activities funding. NNSA manages two programs

outside of that account: Defense Nuclear Nonproliferation, discussed later in this report, and

Naval Reactors.

Most stewardship activities take place at the nuclear weapons complex (the “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 Plant, MO; Pantex Plant, TX; Savannah River Site, SC; and Y-12 National Security

59

DOE Loan Programs Office, Our Projects, https://lpo.energy.gov/?page_id=45.

For more details, see CRS Report R42064, The Advanced Technology Vehicles Manufacturing (ATVM) Loan

Program: Status and Issues, by (name redacted) and (name redacted).

61

U.S. Department of Energy Loan Programs Office, “The Financing Force Behind America’s Clean Energy

Economy,” https://lpo.energy.gov/?page_id=45.

62

This section was prepared by Jonathan Medalia.

60

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Complex, TN); and the Nevada National Security Site (formerly Nevada Test Site). NNSA

manages and sets policy for the complex; contractors to NNSA operate the eight sites.

Table 12. Funding for Weapons Activities

($ millions)

FY2011

Current

FY2012

Request

FY2012

Enacted

FY2013

Requested

H. Approp.

Comm.

S. Approp.

Comm.

DSW

1,905.1

1,963.6

1,873.7

2,088.3

2,069.1

2,078.3

Campaigns

1,691.6

1,796.7

1,696.9

1,690.8

1,735.7

1,710.8

RTBF

1,842.5

2,326.1

2,004.8

2,239.8

2,239.8

2,239.8

Othera

1,426.6

1,543.3

1,638.8

1,558.5

1,467.7

1,548.5

Total

6,865.8

7,629.7

7,214.1

7,577.3

7,512.3

7,577.3

Program

Source: FY2013 Budget Request, H.Rept. 112-462, S.Rept. 112-164,

Notes: Details may not add to totals due to rounding. DSW, Directed Stockpile Work; RTBF, Readiness in

Technical Base and Facilities.

a.

FY2011, FY2012, and FY2013 include Secure Transportation Asset, Nuclear Counterterrorism Incident

Response, Site Stewardship, and Defense Nuclear Security; FY2011 and FY2012 include Facilities and

Infrastructure Recapitalization Program and Cyber Security; FY2011 includes Science, Technology and

Engineering Capability, a rescission, and use of prior year balances; FY2012 and FY2013 include National

Security Applications and Legacy Contractor Pensions; and FY2013 includes NNSA CIO Activities.

Nuclear Weapons Complex Reconfiguration

Although the “Complex” currently consists of eight sites, it was much larger during the Cold War

in terms of number of sites and personnel. Despite the post-Cold War reductions, many in

Congress have for years wanted the Complex to change further, in various ways: fewer personnel,

greater efficiency, smaller footprint at each site, increased security, and the like. After numerous

exchanges between DOE and the appropriating and authorizing committees, such issues still

remain.

According to a White House document of May 2010, the President provided Congress with a

classified report required by the FY2010 National Defense Authorization Act, Section 1251, “on

the comprehensive plan to: (1) maintain delivery platforms [that is, bombers, missiles, and

submarines that deliver nuclear weapons]; (2) sustain a safe, secure, and reliable U.S. nuclear

weapons stockpile; and (3) modernize the nuclear weapons complex.”63 According to that

document, “the Administration intends to invest $80 billion in the next decade to sustain and

modernize the nuclear weapons complex.” The Administration submitted a revised Section 1251

report in November 2010, projecting weapons stockpile and infrastructure costs for FY2011FY2020 at between $85.4 billion and $86.2 billion. Its estimate for FY2013 was $7.9 billion.

For FY2013, the Administration requested $7,577.3 million for Weapons Activities. This would

be a reduction compared to the amount set forth in the November 2010 1251 report. The budget

made some cuts, deferrals, and stretch-outs in key programs, as discussed below, and declared it

63

U.S. White House. “The New START Treaty—Maintaining a Strong Nuclear Deterrent,” fact sheet, May 13, 2010,

http://www.america.gov/st/texttrans-english/2010/May/20100514114003xjsnommis0.6300318.html.

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would present out-year figures “at a later date.” These changes have generated controversy in

Congress. Senator Jon Kyl reportedly said that the Administration “made an absolute

commitment to me that the 2012 budget, 2013 budget, budgets thereafter, would contain the

funding in the 1251 report and that commitment has now not been kept. It isn’t because of a lack

of support in the United States Congress. So rather than redouble their efforts to make up the

difference, they basically threw in the towel. Perhaps they wanted to do that all along.”64

Representative Michael Turner, chairman of the Strategic Forces Subcommittee of House Armed

Services Committee, said, “It is now clear [the President] will submit a budget next week that

would be a significant reversal from the stated commitment, per his own section 1251 plan, to

request at least $7.9 billion for the NNSA for FY13.… The ratification of the New START treaty

was a package deal, and President Obama is now changing the terms of the Senate’s ratification

of the treaty.”65 Representative Turner introduced H.R. 4178, Maintaining the President’s

Commitment to Our Nuclear Deterrent and National Security Act of 2012. On the other hand,

Representative Edward Markey introduced H.R. 3974, Smarter Approach to Nuclear

Expenditures (SANE) Act of 2012, calling for further cuts in DOE and DOD nuclear weapons

programs.

Despite such positions, the House Appropriations Committee recommended $7,512.3 million, or

$65.0 million less than the request. The $65.0 million was the amount rescinded, so excluding the

rescission, the committee recommended the amount requested. The Senate Appropriations

Committee likewise recommended the amount requested. The Continuing Appropriations

Resolution, 2013 (P.L. 112-175), funding Energy and Water Development programs until March

27, 2013, funds Weapons Activities at a rate equivalent to an annual $7,577.3 million, the amount

requested by the Administration for FY2013.

The changes to the FY2013 Weapons Activities budget, as compared to the projection in the 1251

report, raise several policy questions:

•

If the 1251 report deemed key projects essential, why is it now acceptable to

reduce or delay them?

•

Given fiscal constraints and the Budget Control Act of 2011 (P.L. 112-25), was

the lower funding requested for FY2013, as compared to the figure for FY2013

in the 1251 report plan, unavoidable?

•

How can NNSA plan ahead given the changes from the 1251 plan made in the

FY2012 appropriation and the FY2013 request?

•

Might credibility problems resulting from cuts compared to the budget

projections set forth in the 1251 plan affect Senate consideration of future arms

control agreements?

The Senate Appropriations Committee, in its report on FY2013 energy and water development

appropriations, expressed concern over NNSA’s “inadequate project management.” It noted that

“all of NNSA’s major construction projects exceed the initial cost estimates,” including cost

64

“Kyl Slams Decision to ‘Throw in the Towel’ on Modernization Budget,” Weapons Complex Monitor Morning

Briefing, February 17, 2012.

65

“Turner to Introduce the Maintaining the President’s Commitment to our Nuclear Deterrent and National Security

Act of 2012,” press release, February 8, 2012, http://turner.house.gov/News/DocumentSingle.aspx?DocumentID=

278917.

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growth for the Uranium Processing Facility (discussed below) by a factor of 10, and “most of

NNSA’s major construction projects are behind schedule,” including a slippage of 14 years for

the MOX Fuel Fabrication Facility. It pointed to “NNSA’s inability to adequately assess

alternatives.” The committee directed five reports: (1) NNSA reports to GAO every six months

on implementing certain management recommendations; (2) a GAO study on NNSA project

management; (3) a report by NNSA to the committee, to be submitted every six months, on

changes to cost, schedule, and scope of projects estimated to cost at least $750 million; (4) a

JASON defense advisory group study on NNSA’s stockpile surveillance program; and (5) a

report by NNSA on a comprehensive plutonium strategy.

Directed Stockpile Work (DSW)

This program involves work directly on nuclear weapons in the stockpile, such as monitoring

their condition; maintaining them through repairs, refurbishment, life extension, and

modifications; conducting R&D in support of specific warheads; and dismantlement. Specific

items under DSW include the following:

•

Life Extension Programs (LEPs). These programs aim to extend the life of

existing warheads through design, certification, manufacture, and replacement of

components. An LEP for the B61 mods 7 and 11 bombs was completed in

FY2009. (A “mod” is a modification or version of a bomb or warhead type.) An

LEP for the W76 warhead for the Trident II submarine-launched ballistic missile

is ongoing; its FY2010 actual appropriation was $231.9 million and the FY2011

enacted figure was $248.2 million. The FY2012 request was $257.0 million for

the W76 LEP and $223.6 million for the B61 LEP. The latter represents a shift

“from a feasibility study to a full LEP”; no funds were requested in FY2010 or

FY2011 for the B61 LEP. This LEP is intended to extend the service life of B61

mods 3, 4, and 7 nuclear bombs—combining them into a new mod, B61 mod

12—for another 30 years, with the first production unit to be completed in

FY2017. The House Appropriations Committee recommended $278.6 million for

the B61 for FY2012 in order to begin the LEP. It allowed NNSA to spend up to

half that amount until it meets certain reporting requirements, such as “a costbenefit analysis of any warhead enhancements.” For the W76 LEP, the

committee recommended $255.0 million. The Senate Appropriations Committee

recommended $180.0 million for the B61 LEP and $257.0 million for the W76

LEP. The committee called the B61 LEP “the most ambitious and extensive

refurbishment of a weapon system to date.” Further, “NNSA plans to incorporate

untried technologies and design features to improve the safety and security of the

nuclear stockpile. The committee supports enhanced surety of weapon systems

… but it should not come at the expense of long-term weapon reliability.” The

committee directed the submission of two reports and a certification on this LEP.

The final appropriation was $257.0 million for the W76 LEP and $223.6 million

for the B61 LEP. Of the latter amount, the conference agreement withheld $134.1

million until NNSA provided the appropriations committees with results of a

design definition and cost study.

While the November 2010 1251 report stated that the W76 “LEP will be fully

funded for the life of the program at $255 million annually,” the FY2013 request

was $174.9 million. Donald Cook, Deputy Administrator for Defense Programs,

NNSA, reportedly said that the revised plan would meet the Navy’s operational

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needs for W76s by the end of 2018 but would delay completion of production for

extra W76s as a hedge force until 2021. This approach, he said, would free up

funds for the B61 LEP.66 The House Appropriations Committee noted its deep

concern about NNSA’s “ability to deliver on its production requirements.” It

recommended adding $45.1 million above the request for the W76 LEP to raise

the production rate beyond what NNSA had planned in the FY2013 request. The

Senate Appropriations Committee expressed its concern about a “significant

funding decrease” given that the W76 is “the largest share of our nuclear

deterrent on the most survivable leg of the Triad.” It noted that shifting funds to

the B61 “is not fully justified” because the B61 LEP is behind schedule, it “will

not be able to efficiently spend the requested amount,” and there are carryover

balances. Accordingly, it increased funds for the W76 LEP by $30 million and

reduced funds for the B61 LEP by the same amount.

Regarding the B61 bomb, the 1251 report stated that NNSA “will accelerate”

work “that is necessary to retain the schedule for the completion of the first

production unit in FY 2017.” However, the FY2013 request planned for the first

production unit in FY2019. According to one report, “NNSA was able to delay

the project by two years due to new assumptions about the need to replace

limited life components in the bomb.”67 (These components have a service life

shorter than that of the rest of the weapon, so must be replaced from time to

time.) The FY2013 request for the B61 LEP was $369.0 million, an increase of

more than 50%, compared to FY2012. The House Appropriations Committee

recommended the amount requested. Noting its concern over funds spent on a

higher-cost option for the B61 LEP even though a lower-cost option was

subsequently chosen, the committee directed NNSA “to report the total amount

of funding it has spent to date for development and experimental activity

associated with the full option for the B61 life extension program.” In addition to

recommending a reduction in B61 LEP funds by $30 million, as noted, the

Senate Appropriations Committee stressed that a validated cost, schedule, and

scope baseline for this LEP is essential for evaluating life cycle costs, assessing

the impact of this LEP on other programs, and determining if the proposed

schedule meets military requirements, among other things. Accordingly, it

“directs that no funding be used for B61 life extension program activities until

NNSA submits to the Committee a validated cost, schedule, and scope baseline.”

•

Stockpile Systems. This program involves routine maintenance, replacement of

limited-life components, surveillance, assessment, and the like for all weapon

types in the stockpile. For FY2012, the request was $497.6 million and the final

appropriation provided the same amount. Of these funds, it directed NNSA to use

$175.0 million for surveillance and $99.5 million for W78 Stockpile Systems.

The FY2013 request was $590.4 million, a 20% increase over FY2012. The

House Appropriations Committee recommended $454.2 million for Stockpile

Systems. The request included $76.6 million under W78 Stockpile Systems for

studying the feasibility of a common W78/W88 warhead, and $59.7 million for a

W88 program (“Alt 370”) that included consideration of commonalities between

66

“NNSA’s Cook Clarifies Plans for the W76,” Weapons Complex Monitor Morning Briefing, February 17, 2012.

Todd Jacobson, “Administration Requests $7.58B for NNSA’s Weapons Program,” Nuclear Weapons & Materials

Monitor, February 14, 2012, p. 2.

67

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the two warheads. The House Appropriations Committee recommended fully

funding these latter two amounts under a new category, Stockpile Assessment

and Design, in order to help distinguish these costs from routine stockpile work.

The Senate Appropriations Committee recommended funding Stockpile Systems

as requested, with the requested amounts for the W78 LEP study and the W88

Alt 370 program, and at least $181.0 million for surveillance.

•

Weapons Dismantlement and Disposition (WDD). The President and Congress

have agreed on the desirability of reducing the stockpile to the lowest level

consistent with national security, and numbers of warheads have fallen sharply

since the end of the Cold War. Because of the large number of warheads being

retired, there is a need to dismantle some warheads and to further break down

some components to “prevent storage problems across the [nuclear weapons]

enterprise.” WDD involves interim storage of warheads to be dismantled;

dismantlement; and disposition (i.e., storing or eliminating warhead components

and materials). The FY2012 request was $56.8 million and the appropriation

provided that amount. The FY2103 request was $51.3 million. The House and

Senate Appropriations Committees recommended fully funding this request; the

latter committee commended NNSA for completing two dismantlements (W62

and B53) a year ahead of schedule.

•

Stockpile Services. This category includes Production Support; R&D Support;

R&D Certification and Safety; Management, Technology, and Production; and

Plutonium Infrastructure Sustainment. NNSA states, “Stockpile Services

provides the foundation for the production capability and capacity within the

nuclear security enterprise. All enduring systems, LEPs, and dismantlements rely

on Stockpile Services to provide the base development, production and logistics

capability needed to meet program requirements. In addition, Stockpile Services

funds research, development and production activities that support two or more

weapons-types, and work that is not identified or allocated to a specific weapontype.” The FY2012 request was $928.6 million and the final appropriation

provided $854.5 million, of which $64.0 million was to be used for surveillance.

The FY2013 request was $902.7 million. The House Appropriations Committee

recommended $838.5 million, including an increase of $25.0 million for

Production Support “for investments needed to modernize manufacturing

processes” and a reduction of $46.6 million to R&D Certification and Safety to

deny funds for certain new development activities and limit future requests for

this activity to annual assessments of the stockpile and investigating warhead

problems. The Senate Appropriations Committee recommended $892.7 million,

expressed its concern about significant recent increases for Production Support

on grounds that it “is relatively insensitive to major shifts in activities,” and

“directs NNSA to provide additional information in future budget justifications to

explain these increasing costs.”

Campaigns

These are “multi-year, multi-functional efforts” that “provide specialized scientific knowledge

and technical support to the directed stockpile work on the nuclear weapons stockpile.” Many

campaigns have significance for policy decisions. For example, the Science Campaign’s goals

include improving the ability to assess warhead performance without nuclear testing, improving

readiness to conduct nuclear tests should the need arise, and maintaining the scientific

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infrastructure of the nuclear weapons laboratories. Campaigns also fund some large experimental

facilities, such as the National Ignition Facility at Lawrence Livermore National Laboratory. The

FY2013 request included five campaigns:

•

Science Campaign. According to NNSA, this campaign “develops our nation’s

scientific capabilities and experimental infrastructure used to assess the safety,

security, reliability, and performance of the nuclear explosives package (NEP)

[the explosive component of a nuclear weapon] without reliance on further

underground testing.” The FY2012 request was $405.9 million and the final

appropriation provided $334.0 million. The FY2013 request was $350.1 million.

Much of the increase was for increasing the rate at which a certain experiment is

conducted, and developing “expanded predictive science capabilities needed for

national security assessments motivated by intelligence community requirements

for foreign nuclear weapon assessments.” The House Appropriations Committee

recommended $27.0 million above the request as a result of realigning funding

from Directed Stockpile Work for certain experimental activities. The Senate

Appropriations Committee recommended the requested amount.

•

Engineering Campaign. This campaign “provides the modern tools and

capabilities needed to ensure the safety, security, reliability and performance of

the United States nuclear weapons stockpile … [It] funds activities that assess

and improve fielded nuclear and non-nuclear engineering components without

further underground testing.” For FY2012, the request was $143.1 million, and

the appropriation provided that amount. The FY2013 request was $150.6 million;

the subprogram with the largest dollar increase, of $4.9 million, was Enhanced

Surety, the goal of which is to “modernize and enhance surety options” for LEPs

and other changes to weapons. (“Surety” includes such characteristics as safety,

security, and use control.) Enhanced Surveillance was reduced by $2.6 million.

The House Appropriations Committee recommended $8.0 million above the

request as a result of realigning funding for some surety technologies from

Directed Stockpile Work. The Senate Appropriations Committee recommended

the requested amount.

•

Inertial Confinement Fusion Ignition and High Yield Campaign. This campaign

is developing the tools to create extremely high temperatures and pressures in the

laboratory—approaching those of a nuclear explosion—to support weaponsrelated research and to attract scientific talent to the Stockpile Stewardship

Program. NNSA states, “Virtually all of the energy from a nuclear weapon is

generated while in the high energy density (HED) state. High-energy density

physics (HEDP) experiments conducted at ICF facilities are required to validate

the advanced theoretical models used to assess and certify the stockpile without

nuclear testing. The National Ignition Facility (NIF) extends HEDP experiments

to include access to thermonuclear burn conditions in the laboratory, a unique

and unprecedented scientific achievement.” The centerpiece of this campaign is

NIF, the world’s largest laser. While NIF was controversial in Congress for many

years and had significant cost growth and technical problems, controversy waned

as the program progressed. The facility was dedicated in May 2009.68 Between

68

Lawrence Livermore National Laboratory, “Dedication of World’s Largest Laser Marks the Dawn of a New Era,”

press release, May 29, 2009, https://publicaffairs.llnl.gov/news/news_releases/2009/NR-09-05-05.html.

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February 20, 2011, and March 20, 2011, NIF personnel conducted 34 “successful

target shots … in support of HEDSS [High Energy Density Stockpile

Stewardship].”69 In 2011, personnel conducted a total of 283 NIF shots of all

types.70 For FY2012, the appropriation was $476.3 million. The FY2013 request

was $460.0 million. The House Appropriations Committee noted the possibility

that NIF will not achieve ignition in FY2012 and stated, “the considerable costs

[for NIF] will not have been warranted if the only role the National Ignition

Facility (NIF) serves is that of an expensive platform for routine high energy

density physics experiments.” Further, the committee noted that in past years

NNSA had permitted Livermore to use a lower overhead rate for operating NIF.

“This practice misrepresented the full costs of these activities and shifted those

costs onto other programs at the laboratory.” The committee recommended

adding funds “to mitigate any unintended adverse impacts in fiscal year 2013.”

The Senate Appropriations Committee recommended the requested amount. It

directed NNSA to use up to $140 million of Livermore’s “internal additional

direct purchasing power … to increase the level of the laboratory’s Readiness in

Technical Base and Facilities funds dedicated to supporting NIF,” and

recommended that NNSA move NIF’s operating budget line to RTBF “consistent

with the facility’s transition to regular operations.” The committee expressed its

concern over the prospects of NIF achieving ignition by the end of FY2012 and

directed NNSA to establish an advisory committee on this and related topics.

•

Advanced Simulation and Computing (ASC) Campaign. This campaign develops

computation-based models of nuclear weapons that integrate data from other

campaigns, past test data, laboratory experiments, and elsewhere to create what

NNSA calls “the computational surrogate for nuclear testing to determine

weapon behavior.” In addition, “ASC plays an important role in supporting

nonproliferation, emergency response, nuclear forensics and attribution

activities.” Some analysts doubt that simulation can be relied upon to provide the

confidence needed to certify the safety, security, and reliability of warheads, and

advocate a return to testing. The campaign includes funds for hardware and

operations as well as for software. For FY2012, the request was $628.9 million

and the final appropriation was $620.0 million. The FY2013 request was $600.0

million. The reduction was caused by completion of an academic alliance

program and delay of its follow-on program to FY2014, lower funding for

exascale computing (a new and controversial initiative intended to boost

computing capability by a factor of a thousand), and completion of procurement

of a supercomputer. The House Appropriations Committee recommended

providing the funds requested. The Senate Appropriations Committee

recommended $620.0 million, and within these funds recommended using $69.0

million for the exascale initiative.

•

Readiness Campaign. This campaign “operates the capability for producing

tritium to maintain the national inventory needed for the nuclear weapons

stockpile and selects and matures production technologies that are required for

69

“A Banner Month for NIF High Energy Density (HED) Experiments,” Project Status—2011, March, Lawrence

Livermore National Laboratory, https://lasers.llnl.gov/newsroom/project_status/2011/march.php.

70

Lawrence Livermore National Laboratory, “Project Status—2011, December,” https://lasers.llnl.gov/newsroom/

project_status/2011/december.php.

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manufacturing components to meet … requirements.” The FY2012 request was

$142.5 million, and the final appropriation was $128.6 million. The FY2013

request was $130.1 million. The House Appropriations Committee recommended

$120.0 million; the Senate Appropriations Committee recommended the amount

requested.

Readiness in Technical Base and Facilities (RTBF)

This program funds infrastructure and operations at Complex sites. For FY2012, the final

appropriation was $2,009.2 million. The FY2013 request was $2,239.8 million. The House and

Senate Appropriations Committees recommended providing the funds requested.

RTBF has several subprograms. The largest is Operations of Facilities (FY2012 appropriated,

$1,285.6 million; FY2013 requested, $1,419.4 million; House Appropriations Committee,

$1,369.4 million; Senate Appropriations Committee, $1,419.4 million). NNSA states that the

increase “includes new sustainment initiatives, full operations of new and existing facilities, and

addresses infrastructure deficiencies across the complex.” Second largest is Construction

(FY2012 appropriated, $511.1 million, FY2013 requested, $450.1 million; House Appropriations

Committee, $480.8 million; Senate Appropriations Committee, $450.1 million). Two

subprograms that consolidate previous budget categories are new for FY2013: Science,

Technology, and Engineering Support ($166.9 million requested), and Nuclear Operations

Capability Support ($203.3 million requested; House and Senate Appropriations Committees, the

requested amount). The first is self-descriptive; the second “combine[s] activities that are focused

on support of day-to-day nuclear operations (but are not program-specific) into a single

subprogram.” The House Appropriations Committee recommended no funding for Science,

Technology, and Engineering Support, instead funding these activities within Program Readiness,

Operations of Facilities, and Maintenance and Repair of Facilities. The committee recommended

funding the NNSA’s Capabilities-Based Facilities and Infrastructure program under Maintenance

and Repair of Facilities “in order to provide more clarity into the purpose of this funding.” The

Senate Appropriations Committee recommended the requested amount and directed NNSA to

“identify funds for maintenance and operations by site as separate line items” under RTBF in

order to “increase transparency in NNSA’s efforts to sustain existing physical infrastructure.”

Perhaps the most controversial activity in the Weapons Activities account is the Chemistry and

Metallurgy Research Facility Replacement (CMRR) at Los Alamos National Laboratory. It would

replace the Chemistry and Metallurgy Research (CMR) building, which was built in 1952.

Among other things, CMR houses research into plutonium and supports pit production at Los

Alamos. Since 2005, cost estimates for CMRR have doubled or tripled, and some critics have

argued that it is not necessary. For FY2012, NNSA requested $300 million for CMRR but the

conference report directed that “no construction activities are funded for the CMRR-Nuclear

Facility during fiscal year 2012.”

NNSA requested no funds for FY2013 for CMRR. According to the request justification,

NNSA has determined, in consultation with the national laboratories, that existing

infrastructure in the nuclear complex has the inherent capacity to provide adequate support

for plutonium chemistry, plutonium physics, and special nuclear materials. NNSA proposes

deferring CMRR Nuclear Facility construction for at least five years. Studies are ongoing to

determine long-term requirements. Instead of the CMRR Nuclear Facility, NNSA will

maximize use of existing facilities and relocate some nuclear materials. Estimated cost

avoidance from FY 2013 to FY 2017 totals approximately $1.8 billion.

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At the same time, another project, the Uranium Processing Facility (UPF), which will replace old

facilities at the Y-12 National Security Complex, showed an increase from $160.2 million

enacted for FY2012 to $340.0 million requested for FY2013; the increase was to accelerate UPF

design and construction. UPF, if approved, would conduct operations involving enriched uranium

for nuclear weapons and naval reactors. It would also conduct downblending of enriched uranium

(i.e., reducing the fraction of fissile uranium-235 and increasing the fraction of non-fissile

uranium-238) to make it unusable for weapons in support of nuclear nonproliferation. The House

and Senate Appropriations Committees recommended the amount requested.

The House Appropriations Committee recommended no funds for CMRR-NF. Instead, it

proposed rescinding $65.0 million in prior-year balances from this project and using these funds

to offset costs of improving the plutonium infrastructure at Los Alamos, including $30.0 million

“to accelerate the completion of safety-related infrastructure improvements needed at the existing

Los Alamos Plutonium Facility-4 (PF-4) under the TA-55 Reinvestment Project” and $35.0

million “to begin characterization and cleanout of the PF-4 vault under Material Recycle

Recovery.” In addition, under Maintenance and Repair of Facilities, the committee’s

recommendation included $5.0 million to begin replacement of certain piping at the Device

Assembly Facility (DAF) “which is needed to provide additional storage options for plutonium

due to the delay of the CMRR-NF.” (The DAF is a large structure at the Nevada National

Security Site, formerly Nevada Test Site, that has capabilities similar to those of Pantex for

handling, processing, and storing plutonium components of nuclear weapons.) The Senate

Appropriations Committee also recommended no funds for CMRR-NF. It recommended that

$35.0 million, as requested, within Nuclear Operations Capability Support be used to accelerate

cleanout of the PF-4 vault. It expressed concern that “NNSA has failed to put forth an alternative

plutonium strategy,” instead focusing on stockpile requirements for plutonium and not fully

considering other missions involving plutonium, such as nuclear nonproliferation and nuclear

counterterrorism.

Other Programs

Weapons Activities includes several smaller programs in addition to DSW, Campaigns, and

RTBF. Among them:

•

Secure Transportation Asset provides for safe and secure transport of nuclear

weapons, components, and materials. It includes special vehicles for this purpose,

communications and other supporting infrastructure, and threat response. For

FY2012, the appropriation provided $243.3 million. The FY2013 request was

$219.4 million; much of the decrease was due to deferring production of special

vehicles for this program, completion of upgrades to the program’s aviation fleet,

and anticipated savings from these upgrades. The House and Senate

Appropriations Committees recommended the amount requested.

•

Nuclear Counterterrorism Incident Response “responds to and mitigates nuclear

and radiological incidents worldwide and has a lead role in defending the Nation

from the threat of nuclear terrorism.” For FY2012, the appropriation was $222.1

million. The FY2013 request was $247.6 million. Much of the increase was to

augment support for teams that would respond to a radiological or nuclear

emergency, to accelerate “experimental activities in support of non-stockpile

nuclear weapons assessments,” and to develop tools and methods to render

“nuclear threat devices” safe. The House Appropriations Committee

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recommended $225.4 million. It stated that many activities of the newly

established Office of Counterterrorism and Counterproliferation are closely

linked to technologies being developed by Defense Nuclear Nonproliferation

(DNN) and should, in the future, be integrated with the request for DNN. The

Senate Appropriations Committee recommended the amount requested, but

expressed its concern “that NNSA does not have a clear strategy in place that

links the unique capabilities of the labs and supporting NNSA infrastructure to

clear mission goals and funding requirements to support the Department of

Defense and the intelligence community.”

•

Facilities and Infrastructure Recapitalization Program (FIRP) “continues its

mission to restore, rebuild and revitalize the physical infrastructure of the nuclear

security enterprise.” It focuses on “elimination of legacy deferred maintenance.”

For FY2012, the appropriation was $96.4 million. No funds were requested for

FIRP for FY2013 due to completion of the program. Some of the type of work it

did will be continued by the Capability-Based Facilities and Infrastructure

program, which NNSA describes as “an enterprise-wide, program-informed

investment approach to ensure infrastructure is in place to execute program

workload.” The House Appropriations Committee recommended no funds for

FIRP but stated that “Maintenance and Repair of Facilities [within RTBF] also

includes additional funding requested for major multi-year operating expense

recapitalization projects.” The Senate Appropriations Committee also

recommended no funds for FIRP but stated under Nuclear Operations Capability

Support that it “believes it is important that NNSA continue to reduce deferred

maintenance on aging infrastructure and reduce the size of its footprint.”

•

Site Stewardship seeks to “ensure environmental compliance and energy and

operational efficiency throughout the nuclear security enterprise.” It was a new

program for FY2010, consolidating several earlier programs. For FY2012, the

appropriation was $78.7 million. The FY2013 request was $90.0 million. The

main increases were in the Energy Modernization and Investment Program and

Corporate Project Management. The main decrease, in Nuclear Materials

Integration, reflected completion of removal of certain nuclear materials from

Livermore, slowing the removal of certain radioactive waste from Livermore,

and deferring disposition of nuclear materials at several sites. The House

Appropriations Committee recommended $79.6 million and provided no funds

for the Energy Modernization and Investment Program. The Senate

Appropriations Committee recommended $88.2 million and “encourages NNSA

to report on cost savings and cost avoidances related to its energy modernization

and investment program.”

•

Safeguards and Security consists of two elements: (1) Defense Nuclear Security

provides operations, maintenance, and construction fu

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