Energy and Water Development: FY2015 Appropriations

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Energy and Water Development:

FY2015 Appropriations

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Specialist in Energy Policy

January 30, 2015

Congressional Research Service

7-....

www.crs.gov

R43567

Energy and Water Development: FY2015 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), as well as the Nuclear

Regulatory Commission (NRC) and several other independent agencies.

President Obama’s FY2015 budget request for Energy and Water Development was released in

March 2014. Including adjustments, the request totaled $34.26 billion, compared with a total of

$34.13 billion appropriated for FY2014. The House approved the Energy and Water Development

Appropriations Bill for FY2015 by a vote of 253-170 on July 10, 2014 (H.R. 4923, H.Rept. 113486), with a funding total of $34.20 billion. The House adopted several amendments that did not

change the total funding level from the bill as reported by the Appropriations Committee. The

Senate Appropriations Committee’s subcommittee on Energy and Water Development approved

its version of the bill on June 17, 2014, with a total of $34.21 billion, but the full committee did

not take it up.

Final FY2015 Energy and Water Development funding was included in the Consolidated and

Further Continuing Appropriations Act, 2015 (H.R. 83). Energy and Water funding totaled $34.78

billion, $519 million above the request and $653 million above FY2014, including rescissions.

The consolidated appropriations measure passed the House December 11, 2014, and the Senate

December 13, 2014, and was signed by the President on December 16, 2014 (P.L. 113-235).

Major issues in the debate over the Energy and Water Development bill 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,

NV, which the Administration has abandoned (Title III: Nuclear Waste Disposal);

proposed FY2015 spending levels for Energy Efficiency and Renewable Energy

(EERE) programs (Title III) that were more than 20% higher in the

Administration’s request than the amount appropriated for FY2014;

DOE funding for a joint effort with the Departments of the Navy and Agriculture

for commercial-scale biorefineries that produce military-specification fuels;

cost, schedule, and management concerns for the international ITER project,

which seeks to design and build an experimental fusion reactor (Title III,

Science);

long-standing controversy over facilities for processing uranium and plutonium

components for nuclear weapons (Title III, Nuclear Weapons Stockpile

Stewardship); and

the Administration’s proposal, rejected in the enacted version, to suspend

construction of the MOX Fuel Fabrication Facility (MFFF), which is intended to

convert surplus nuclear weapons plutonium into civilian nuclear reactor fuel.

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Energy and Water Development: FY2015 Appropriations

Contents

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

Status ............................................................................................................................................... 2

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

The Budget Control Act and Energy and Water Development Appropriations for

FY2015 .................................................................................................................................. 2

The Opportunity, Growth, and Security Initiative ..................................................................... 2

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

Earmarks and the Corps of Engineers ....................................................................................... 4

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

Project Backlog and New Starts ......................................................................................... 6

Navigation Trust Funds ....................................................................................................... 6

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

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

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

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

Central Utah Project ................................................................................................................. 11

Bureau of Reclamation ............................................................................................................. 11

Drought in California ........................................................................................................ 12

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

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 (OE) Program .............................................. 26

Nuclear Energy ................................................................................................................. 27

Fossil Energy Research and Development ........................................................................ 31

Strategic Petroleum Reserve ............................................................................................. 34

Science .............................................................................................................................. 35

ARPA-E ............................................................................................................................ 42

Nuclear Waste Disposal .................................................................................................... 42

Loan Guarantees and Direct Loans ................................................................................... 45

Nuclear Weapons Stockpile Stewardship.......................................................................... 48

Nonproliferation and National Security Programs............................................................ 58

Cleanup of Former Nuclear Weapons Production Sites and Civilian Nuclear

Energy Research Sites ................................................................................................... 61

Power Marketing Administrations .................................................................................... 70

Title IV: Independent Agencies ..................................................................................................... 71

Key Policy Issues—Independent Agencies ............................................................................. 72

Nuclear Regulatory Commission ...................................................................................... 72

Tables

Table 1. Status of Energy and Water Development Appropriations, FY2015 ................................. 2

Table 2. Energy and Water Development Appropriations, FY2008 to FY2015 .............................. 3

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Energy and Water Development: FY2015 Appropriations

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

Table 4. Energy and Water Development Appropriations Title I: Army Corps of Engineers .......... 5

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 .......... 15

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

Table 10. Fossil Energy Research and Development .................................................................... 33

Table 11. Science ........................................................................................................................... 35

Table 12. Funding for Weapons Activities, FY2013-FY2015 ....................................................... 48

Table 13. Weapons Activities: FY2015 Request and FY2016-FY2019 Plan ................................ 49

Table 14. DOE Defense Nuclear Nonproliferation Programs ....................................................... 58

Table 15. Appropriations for the Office of Environmental Management ...................................... 67

Table 16. Energy and Water Development Appropriations Title IV: Independent Agencies ......... 72

Contacts

Author Contact Information .......................................................................................................... 74

Key Policy Staff ............................................................................................................................ 74

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Energy and Water Development: FY2015 Appropriations

Most Recent Developments

President Obama’s FY2015 budget request for Energy and Water Development was released in

March 2014. The adjusted request totaled $34.26 billion, compared with a total of $34.13 billion

appropriated for FY2014.

Final FY2015 Energy and Water Development funding was included in the Consolidated and

Further Continuing Appropriations Act, 2015 (H.R. 83). Energy and Water funding totaled $34.78

billion, $519 million above the request and $653 million above FY2014, including rescissions.

The consolidated appropriations measure passed the House December 11, 2014, and the Senate

December 13, 2014, and was signed by the President on December 16, 2014 (P.L. 113-235).

The House Appropriations Committee approved the Energy and Water Development

Appropriations Bill for FY2015 on June 20, 2014 (H.R. 4923, H.Rept. 113-486), with a total

spending level of $34.20 billion.1 The House passed the bill on July 10, 2014, by a vote of 253170. Several floor amendments were approved that did not change the total funding level,

including:

Three amendments to increase Corps of Engineers construction funding by a total

of $6.5 million (H.Amdt. 972, H.Amdt. 973, H.Amdt. 974);

Increasing the Corps construction account by $57.6 million and reducing nuclear

energy programs by $73.3 million (H.Amdt. 979);

Amendments to increase the Bureau of Reclamation’s Water and Related

Resources account by $10 million and renewable energy and energy efficiency

by a net total of $2 million (H.Amdt. 986, H.Amdt. 995);

Increasing Department of Energy (DOE) non-defense environmental cleanup by

$4 million (H.Amdt. 999); and

Increasing DOE’s Advanced Research Projects Agency—Energy (ARPA-E) by

$20 million (H.Amdt. 1003).

The Senate Appropriations Committee’s subcommittee on Energy and Water Development

approved its version of the FY2015 bill on June 17, 2014, with a total of $34.21 billion (including

budget scorekeeping adjustments).2 The subcommittee’s draft bill and report were released by the

Appropriations Committee on July 24, 2014.3 The subcommittee would increase funding for the

Army Corps of Engineers to $5.13 billion and for the Department of the Interior’s Bureau of

Reclamation to $1.23 billion. Funding for the Department of Energy would total $28.36 billion,

including $205.9 million in rescissions. Full committee markup scheduled for June 19, 2014, was

postponed because of Administration objections to a planned amendment to block proposed

Environmental Protection Agency carbon dioxide regulations, according to media reports.4 No

further action on the Senate draft bill was taken.

1

H.Rept. 113-724, p. 11.

That total includes $34.986 billion minus $778 million in scorekeeping adjustments that are not shown in the

currently posted subcommittee draft report. See Senate Committee on Appropriations, Comparative Statement of

Budget Authority, Energy and Water, July 16, 2014.

3

Senate Committee on Appropriations, “FY15 E&W Subcommittee Reported Bill and Draft Report,” news release,

July 24, 2014, http://www.appropriations.senate.gov/news/fy-2015-ew-subcommittee-reported-bill-and-draft-report.

4

Hallerman, Tamar, “Grim Outlook for Spending Bills after Senate Suspends ‘Minibus’ Debate,” CQ Roll Call, June

19, 2014, http://www.cq.com/doc/news-4499341?0&srcpage=news&srcsec=cqn.

2

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Energy and Water Development: FY2015 Appropriations

Status

Table 1 indicates the status of the FY2015 funding legislation.

Table 1. Status of Energy and Water Development Appropriations, FY2015

Subcommittee

Markup

House

Senate

House

Report

6/10/14

6/17/14

6/20/14

Final Approval

House

Passage

Senate

Report

Senate

Passage

Conf.

Report

House

Senate

Public

Law

7/10/14

None

None

None

12/11/14

12/13/14

12/16/14

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 for FY2015

FY2015 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,

enforced by an automatic spending reduction process of sequestration. In December 2013

Congress passed H.J.Res. 59 (P.L. 113-67), which contained the Bipartisan Budget Act (BBA),

establishing less stringent spending caps for FY2014 and FY2015 than the BCA. For details, see

CRS Report R43411, The Budget Control Act of 2011: Legislative Changes to the Law and Their

Budgetary Effects, coordinated by (name redacted).

The Opportunity, Growth, and Security Initiative

The Obama Administration added to its FY2015 budget a new government‐wide proposal

referred to as the Opportunity, Growth, and Security Initiative. It was a $56 billion fund that

would have been divided equally between defense and nondefense expenditures. The cost of the

initiative would have been offset largely with targeted spending cuts and closed tax loopholes.

The FY2015 House Appropriations Committee report did not mention the Administration

initiative, nor did the draft report released by the Senate Appropriations Committee, and it was

not included in the final FY2015 consolidated bill.

According to the Administration, the initiative would have provided an additional $1.6 billion for

the Department of Energy, including:

$355 million for “strengthening national resilience to climate change,” including

grants to states and increased weatherization programs, as well as distributed

energy generation;

$200 million for the proposed “Race to the Top” grants to states to implement

energy savings;

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Energy and Water Development: FY2015 Appropriations

$484 million for other energy initiatives; and

$600 million for nuclear weapons programs, including Readiness in Technical

Base and Facilities and Site Stewardship, and nuclear nonproliferation research

and development (R&D).5

Funding proposed through the Opportunity, Growth, and Security Initiative is not included in the

FY2015 funding levels in the tables that follow.

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

FY2008 to FY2015.

Table 2. Energy and Water Development Appropriations,

FY2008 to FY2015

(budget authority in billions of current dollars)

FY2008

FY2009

FY2010

FY2011

FY2012

FY2013

FY2014

FY2015

30.9

40.5a

33.4

31.7

34.4b

36.0c

34.1

34.8

Source: Compiled by CRS.

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

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

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

c. Includes $5.4 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)

Title

FY2013

Approp.

FY2014

Approp.

FY2015

Request

FY2015

House

FY2015

Sen. Subc.

FY2015

Final

Title I: Corps of Engineers

10,068.2a

5,467.5

4,561.0

5,557

5,162.0

5,482.5

Title II: CUP & Reclamation

1,014.0

1,113.1

1,043.5

1,023

1,230.5

1,140.5

Title III: Department of

Energy

25,160.7

27,355.5

28,443.0

27,214

28,565.3

28,152.9

Title IV: Independent

Agencies

252.2

265.1

248.7

312

262.7

269.0

Scorekeeping Adjustmentsb

-525.5

-74.4

-35.1

96

-1,012.5

-264.6

35,969.6a

34,126.8

34,261.1

34,202

34,208.0

34,780.3

E&W Total

Source: FY2015 budget request, H.Rept. 113-486, Congressional Budget Office, Senate Appropriations

Committee.

a. Includes $5,350 billion in supplemental funding for the Corps of Engineers under the Disaster Relief

Appropriations Act, 2013 (P.L. 113-2).

b. “Budget scorekeeping” refers to official determinations of spending amounts for congressional budget

enforcement purposes. These scorekeeping adjustments include offsetting revenues from various

sources.

5

http://www.slideshare.net/energy/fy-2015-budget-rollout-secretary-moniz-presentation-to-press-and-stakeholders.

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Energy and Water Development: FY2015 Appropriations

Tables 4 through 16 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

FY2013-FY2015. Accompanying these tables is a discussion of the key issues involved in the

major programs in the four titles.

Title I: Army Corps of Engineers6

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

Corps of Engineers (Corps), 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. Corps appropriations are

generally authorized in water resources development acts. Most recently, Congress enacted a new

water resources development act in June of 2014, the Water Resources Reform and Development

Act of 2014 (WRRDA, P.L. 113-121). This bill authorized new Corps projects and studies and

altered numerous Corps policies and procedures.7

In most years, the President’s budget request for the Corps is below the agency’s enacted

appropriation. For FY2015, Congress appropriated $5.454 billion for the Corps in P.L. 113-235.

The President’s FY2015 budget request for the Corps was $4.561 billion. The House approved

$5.557 billion for the Corps, and the Senate appropriations subcommittee recommended $5.162

billion. For FY2014, Congress had provided $5.468 billion in the agency’s annual civil works

appropriations in P.L. 113-76.

For more on the evolution of Corps civil works funding in recent years, see CRS In Focus

IF00012, Army Corps Civil Works Funding: A Primer (In Focus), by (name redacted).

Additionally, in recent years riverine and coastal flooding resulted in the agency receiving

supplemental funds. For more on the recent history of Corps civil works supplemental

appropriations, see CRS Report R42841, Army Corps Supplemental Appropriations: Recent

History, Trends, and Policy Issues, by (name redacted) and (name redacted) .

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, for decades

Congress annually identified during the discretionary appropriations process many additional

Corps projects to receive funding.8 In the 112th Congress, site-specific project line items added by

Congress (i.e., earmarks) became subject to House and Senate earmark moratorium policies. As a

result, Congress generally has not added funding at the project level since FY2010. In lieu of the

6

This section was prepared by (name redacted) and (name redacted).

For more information, see CRS Report R43298, Water Resources Reform and Development Act of 2014: Comparison

of Select Provisions, by (name redacted) et al.

8

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

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

7

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Energy and Water Development: FY2015 Appropriations

traditional project-based increases, Congress has included “additional funding” for select

categories of Corps projects (e.g., “ongoing navigation work”), and provided direction and

limitations on the use of these funds.9 Congress continued this practice in FY2015, providing

$974 million in “additional funding” for select categories of Corps projects in the Investigations,

Construction, O&M, and MR&T accounts. This was consistent with the approach of the Houseand Senate-passed bills for FY2015 appropriations.

Table 4. Energy and Water Development Appropriations

Title I: Army Corps of Engineers

($ millions)

Program

FY2013

Final

FY2013

Supplem.

FY2014

Approp.

FY2015

Request

FY2015

House

FY2015

S. Sub.

FY2015

Approp.

Investigations and

Planning

118.5

50.0

125.0

80.0

115.0

125.0

122.0

1,586.6

3,461.0

1,656.0

1,125.0

1,711.0

1,421.0

1,639.5

Mississippi River &

Tributaries (MR&T)

238.0

0.0

307.0

245.0

260.0

305.0

302.0

Operation and

Maintenance (O&M)

2,286.0

821.0

2,861.0

2,600.0

2,963.6

2,800.0

2,908.5

Regulatory

182.9

0.0

200.0

200.0

200.0

200.0

200.0

General Expenses

175.3

0.0

182.0

178.0

177.0

178.0

178.0

FUSRAPa

99.9

0.0

103.5

100.0

100.0

100.0

101.5

Flood Control &

Coastal Emergencies

(FC&CE)

25.6

1,008.0

28.0

28.0

28.0

28.0

28.0

Office of the Asst.

Secretary of the Army

4.6

10.0

5.0

5.0

2.0

5.0

3.0

4,718.3b

5,350.0c

5,467.5

4,533.0d

5,556.6

5,162.0

5,454.5e

Construction

Total Title I

Source: FY2013 Work Plan, P.L. 113-76, FY2015 budget request H.Rept. 113-486, Senate Appropriations

Committee, H.R. 83 Explanatory Statement.

a. Formerly Utilized Sites Remedial Action Program.

b. FY2013 is the final allocation after sequestration and across-the-board rescission.

c. $5.35 billion in supplemental funding related to the consequences of Hurricane Sandy was provided

under the Disaster Relief Appropriations Act, 2013 (P.L. 113-2).

d. Includes $28 million rescission.

e. Includes $28 million rescission.

9

Congress provided additional funding and guidance for several broad categories of projects in the FY2015

consolidated appropriations Explanatory Statement. The FY2014 statement instructed the Corps to make additional

project level allocations in a “work plan” and report back to Congress. Some of the categories to be funded in the work

plan were designated by Congress as only being available for projects which were not included in the Administration’s

budget request. Recent Work Plan allocations through FY2014 are available at http://www.usace.army.mil/Missions/

CivilWorks/Budget.aspx.

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Key Policy Issues—Corps of Engineers

Project Backlog and New Starts

The large number of authorized Corps studies and 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 construction backlog range from $20

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 which

activities to fund among authorized activities.10

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

starts, and enacted appropriations for FY2011, FY2012, and FY2013 barred any funding for new

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

FY2014, P.L. 113-76 allowed up to nine new study starts and four new construction starts. For

FY2015, the Administration requested funding for one new construction start and 10 new

studies.11 In its report, the House Appropriations Committee recommended that no new starts be

funded. The Senate Appropriations subcommittee recommended funding the same new start

studies and construction project requested by the Administration, and also recommended directing

the Administration to propose an additional 10 new study starts and five new construction starts

after enactment of the bill. The enacted measure provided for 10 new study starts and four new

construction starts during FY2015.

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 Waterways Trust Fund support cost-shared investments in federal navigation infrastructure

and have both received attention in recent years. While the Harbor Maintenance Trust Fund has a

surplus balance, the Inland Waterways Trust Fund currently faces a shortfall and a curtailment of

activities. Both trust funds are subject to appropriations. Authorization issues associated with

these trust funds are often addressed through Water Resources Development Acts, or similar

legislation.12 Both trust funds are discussed below.

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. The tax revenues are

10

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

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

11

The Administration’s FY2014 proposed new starts were Hamilton City, CA (Ecosystem Restoration); Lower

Colorado River Basin, TX (Flood Risk Management); Louisiana Coastal Area, LA (Ecosystem Restoration); Columbia

River, OR and WA (Navigation).

12

For more on congressional consideration of Corps trust fund authorization as part of broad Corps authorization

legislation, see CRS Report R43298, Water Resources Reform and Development Act of 2014: Comparison of Select

Provisions, by (name redacted) et al.

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

funds for most harbor dredging.

In 1990, Congress increased the HMT rate from 4 cents per $100 of cargo value to 12.5 cents per

$100 of cargo value in the Omnibus Budget Reconciliation Act (P.L. 101-508). In recent years,

HMTF annual expenditures have remained relatively flat while HMT collections have increased

due to rising import volume.13 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 HMT.

Some harbor channels are not being maintained at their authorized depth and width, which may in

some cases require 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 FY2015 budget requested $915 million from the HMTF, leaving an

estimated-end-of-year balance of more than $9.5 billion. The Water Resources Reform and

Development Act of 2014, enacted in June 2014, included changes to the Harbor maintenance

activities that sought to increase HMTF spending to levels based on “targeted” percentages of

HMTF collections (but only if this funding does not come at the expense of available funding for

other Corps activities).14 While the exact amount of total HMTF funding provided in P.L. 113-235

was not delineated, the House Appropriations Committee Report noted a significant increase in its

recommended spending level compared to the Administration request, indicating that its funding

for HMTF activities was more than $1.1 billion.15 The Senate subcommittee indicated that the

“target” WRRDA level of $1.2 billion in FY2015 was not possible under its discretionary

allocations, and that recommended HMTF activities in FY2015 were funded at a similar level to

FY2014 (approximately $1.09 billion). For more information on harbor maintenance funding, see

CRS Report R41042, Harbor Maintenance Trust Fund Expenditures, by (name redacted)

Inland Waterways 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

through the Inland Waterways Trust Fund (IWTF).16 IWTF monies derive from a fuel tax on

commercial vessels on designated waterways, plus investment interest on the balance.17 Since

FY2007, there has been a looming shortfall in the IWTF. In recent years 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), by limiting IWTF

expenditures to the amount available under current-year fuel tax revenues (FY2011-FY2013), or

by altering the IWTF cost-share requirements for individual projects (FY2014).

13

The exception was 2009, when collections declined along with import volume.

The changes, which were provided for in §2101 of P.L. 113-121, are described further in CRS Report R43298, Water

Resources Reform and Development Act of 2014: Comparison of Select Provisions, by (name redacted) et al.

15

The House committee report stated that its recommendation for these activities was more than $1.1 billion. The

Senate subcommittee report included no such estimate.

16

Funding for operations and maintenance on inland waterways is provided for separately under the O&M account. For

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

Congress, by (name redacted) .

17

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.

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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. In the 113th Congress, H.R. 1149 and S.

407 would have authorized this proposal and raised the fuel tax by $0.06 and $0.09, respectively.

Recent estimates by the Corps indicate that one project, Olmsted Locks and Dam on the Ohio

River, is expected to use up the majority of IWTF revenues without significant changes to the

cost-sharing requirements for that project.18 At the same time, other navigation construction and

major rehabilitation work is expected to stall. Without a new source of revenue or some other

change directed by Congress, the overall number of inland waterway construction projects is

expected to remain limited. 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.

For FY2015, the Administration once again requested appropriations for IWTF projects that are

below projected fuel tax revenues.19 The FY2015 Administration budget requested approximately

$85 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 FY2015 requested IWTF funds ($80 million of the $85 million requested from the

IWTF) was for the Olmsted Project. This approach of limited funding devoted mostly to the

Olmsted Project was similar to the Administration’s requests for FY2011-FY2014.

Since the FY2015 budget request was released, the Water Resources Reform and Development

Act of 2014 (WRRDA) was enacted. WRRDA included some changes for inland waterways,

including a reduction in the IWTF cost share required for the Olmsted Project from 50% to 15%

(and a corresponding increase in the General Fund requirement, from 50% to 85%), and an

increase in the ceiling on rehabilitation projects that can be funded from the General Fund, from

$8 million to $20 million. With these changes enacted, the House recommended significant

funding from the IWTF for projects other than the Olmsted Project for the first time in several

years. The House recommended $169 million for construction work on the Olmsted Project (15%

from the IWTF) and $112 million for work on other projects (50% cost-shared with the IWTF),

for a total of $281 million on all inland waterways construction. The Senate subcommittee report

included no total funding estimates for IWTF projects, but the Senate noted that its

recommendation conformed to the alterations in WRRDA and included an additional $60 million

for unspecified IWTF projects (in addition to the requested funding for the Olmsted Project). P.L.

113-235 included $160 million for Olmsted and $112 million for other inland waterways

construction projects. For more information on inland waterways, see CRS Report R41430,

Inland Waterways: Recent Proposals and Issues for Congress, by (name redacted) .

18

Currently the Olmsted Project accounts for almost all IWTF appropriations. The project was originally authorized at

a cost of $775 million (plus inflationary increases) but recently required an increase to its authorization ceiling in

accordance with Section 902(b) of the Water Resources Development Act of 1986 (33 U.S.C. §2280). The FY2014

Continuing Appropriations Act, P.L. 113-46, increased the project’s authorization from $775 million to $2.92 billion.

19

Assuming annual fuel tax revenues of approximately $95 million, spending on inland waterways construction for

FY2015 would be approximately $190 million for each year (or approximately $60 million less than the average

funding provided from FY1992-FY2010).

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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.20 Previously, some in

Congress had criticized the fact that while the Corps had requested reductions for some

“traditional” water project activities in recent budgets, funding requests for Corps environmental

activities, which include ecosystem restoration projects, had largely remained steady. For

FY2014, the Administration requested $449 million (approximately 9% of the total FY2014

Corps request, spread among several accounts) for ecosystem restoration projects. For FY2015,

however, the Administration requested $336 million, representing 7% of the total request. No

breakdown for these projects was available in the House committee or Senate subcommittee

recommendations.

Continuing Authorities Program

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

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

authorization or project-specific appropriations.21 CAPs are referred to by the section number in

the bill where the CAP was first authorized. The Administration’s FY2015 budget requested a

total of $10 million for four CAPs, or a significant decrease from the total of $53 million

provided for eight CAPs in FY2014 in the Explanatory Statement accompanying P.L. 113-76. The

House Appropriations Committee recommended $56.8 million for eight CAP sections, or $46.8

million more than the Administration’s request. The Senate subcommittee recommended $50

million for these projects. P.L. 113-235 included $36.8 million spread over eight programs.

Title II: Department of the Interior22

Bureau of Reclamation and Central Utah Project

Title II of the Energy and Water Development bill includes funding for two sets of activities

within the Department of the Interior: the Bureau of Reclamation and the Central Utah Project

Completion Act (CUPCA). For FY2014, P.L. 113-76 provided $1.104 billion for Title II.

For the purposes of Energy and Water appropriations, the FY2015 request for the Bureau of

Reclamation and CUPCA was $1.043 billion. In its budget request, the Administration typically

includes an “offset” for the Central Valley Project (CVP) Restoration Fund. Counting this offset

of $56.9 million in its FY2015 request, “net” discretionary authority requested by the

Administration for these accounts was $986 million.23 As in previous years, additional funding is

expected to be available for FY2015 via “permanent and other” funds, but these funds are not

included in net discretionary totals and therefore not reflected below.

20

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

Restoration Program, or CERP. For more information regarding Everglades restoration funding, see CRS Report

R42007, Everglades Restoration: Federal Funding and Implementation Progress, by (name redacted) .

21

Information on each CAP is provided in CRS Report R41243, Army Corps of Engineers: Water Resource

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

22

This section was prepared by (name redacted) and (name redacted).

23

Counting of this offset is consistent with prior year budgets.

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Table 5. Energy and Water Development Appropriations

Title II: Central Utah Project Completion Account

($ millions)

FY2013

Approp.

FY2014

Approp.

FY2015

Requesta

FY2015

House

FY2015

S. Subc.

Central Utah Water

Conservancy District

19.8

7.7

[6.3]

7.5

5.0

7.6

Mitigation and Conservation

Commission Activities

1.2

1.0

[1.0]

1.0

1.0

1.0

Expenses of the Secretary of

the Interior

—

—

—

1.3

1.3

1.3

21.0

8.7

[7.3]

9.9

7.3

9.9

Program

Total, Central Utah

Project

FY2015

Appro.

Source: FY2015 budget request, H.Rept. 113-486, Senate Appropriations Committee, H.R. 83 Explanatory

Statement.

Notes: Amounts shown in brackets are for comparison purposes only.

a. The FY2015 budget proposed to transfer the Central Utah Project Completion Account to the Bureau

of Reclamation. See Table 6 below for Administration recommendations for this account.

Table 6. Energy and Water Development Appropriations

Title II: Bureau of Reclamation

($ millions)

FY2013

Approp.

FY2014

Approp.a

FY2015

Requesta

FY2015

House

FY2015

S. Subc.

FY2015

Appro.

Water and Related

Resources

848.2

954.1

760.7

856.4

1,069.7

978.1

Policy and Administration

56.9

60.0

59.5

53.8

59.5

58.5

CVP Restoration Fund

(CVPRF)

50.4

53.3

57.0

57.0

57.0

57.0

Calif. Bay-Delta (CALFED)

37.6

37.0

37.0

37.0

37.0

37.0

San Joaquin Restoration

Fundb

-

-

32.0

-

-

32.0

Indian Water Rights

Settlementb

-

-

90.0

-

-

90.0

Central Utah Project

Completiona

-

-

7.3

-

-

-

Gross Current

Reclamation Authority

993.0

1,104.4

1,043.5

1,004.2

1,223.2

1,130.0

Total, Title II Current

Authority (CUP and

Reclamation)

1,014.0

1,113.1

1,043.5

1,003.7

1,230.0

1,140.0

Program

Source: FY2015 budget request, H.Rept. 113-486, Senate Appropriations Committee, H.R. 83 Explanatory

Statement.

Notes: Totals may not add due to rounding.

a. As in recent previous requests, the Administration proposed to transfer the Central Utah Project

Completion Account to the Bureau of Reclamation and establish it as a Reclamation account.

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b.

As in previous requests, the Administration’s request includes funding for these items, which have in

the past been funded within the Water and Related Resources Account, as new accounts. For FY2015,

the House and the Senate subcommittee again rejected the Administration’s proposal for these new

accounts.

Central Utah Project

The Administration requested $7.3 million for CUPCA in FY2015, or $1.4 million less than the

FY2014 enacted amount. In FY2015 the Administration once again proposed to make

Reclamation responsible for oversight and implementation of CUPCA and transition this account

to Reclamation’s purview. (These responsibilities are currently in a separate office in DOI.)

Similar to previous years’ requests, the House recommended maintaining CUPCA as a separate

account and recommended $9.9 million for the project. The Senate subcommittee agreed with the

Administration’s request, but similar to the House prohibited delegation of responsibility for

carrying out the act to the Bureau of Reclamation. P.L. 113-235 provided the same funding level

and account breakdown as the House, $9.9 million.

Bureau of Reclamation

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 on earmarks restricts congressional steering of money directly toward specific

Reclamation projects as had been done in the past.

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

traditional programs and projects, including construction, operations and maintenance, dam

safety, and ecosystem restoration, among others. Reclamation also typically requests funds in a

number of smaller accounts, and has proposed additional accounts in recent years.24 For FY2015,

the Administration requested $1.04 billion for the Water and Related Resources account and other

Reclamation accounts. The House Appropriations Committee recommended $1.013 billion and

the Senate subcommittee recommended $1.23 billion for these programs. P.L. 113-235 provided

$1.13 billion for all Reclamation accounts, or $87 million more than the Administration’s FY2015

24

The Administration has previously requested that two accounts be created independently of the Water and Related

Resources account: Indian Water Rights Settlements and San Joaquin River Restoration Settlement. In FY2015, the

enacted bill provided the funding for Indian Water Rights Settlements and San Joaquin River Restoration within the

Water and Related Resources account (rather than as independent accounts).

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request. Previously, the FY2014 enacted bill provided $1.113 billion for Reclamation projects and

programs.

Drought in California

Drought conditions in California and other states throughout the West have received attention in

recent appropriations bills, including in FY2015. The enacted appropriations bill for FY2014

(P.L. 113-76) included multiple provisions related to Reclamation drought response and related

authorities. For example, it extended through FY2017 authority for Reclamation to provide loans

under the Reclamation States Emergency Drought Relief Act (43 U.S.C. 2214(c)) for projects that

would mitigate losses associated with drought conditions. It also expanded the Secretary of the

Interior’s authority to participate in nonfederal groundwater banking in California and waived

certain reporting provisions for transfer of irrigation water among selected federal water

contractors, while also directing Reclamation and the Fish and Wildlife Service to expedite

“programmatic environmental compliance” to facilitate CVP water transfers. P.L. 113-76 also

extended the authorization of the Calfed Bay-Delta Authorization Act (P.L. 108-351) through

2015 (continuing certain provisions of the law that were set to expire at the end of FY2014).

In FY2015 appropriations, both the House and the Senate subcommittee have encouraged

Reclamation to use its available authorities to address the drought. The Administration also

requested, and the Senate subcommittee recommended, an extension of Reclamation’s authority

under the Reclamation States Emergency Drought Relief Act (i.e., authorities other than the loan

authority that was extended in FY2014 enacted appropriations) from FY2012 to FY2017. The

House did not recommend this extension. The Senate draft report also proposed increasing the

total authorization of appropriations for that program from $90 million to $110 million. In

addition, the Senate subcommittee included language which would direct Reclamation to

“provide the maximum quantity of water supplies possible ... in accordance with existing law,”

available to certain agricultural and municipal irrigation contractors in California’s Central Valley.

This language is similar to authority proposed in S. 2198, another bill which aims to alleviate

drought effects in California.

Reclamation’s FY2015 request also proposed funding for individual projects and programs that

received added attention due to the drought. For instance, Reclamation proposed $1.5 million in

new funding within its WaterSMART program for a Drought Response Program (see

“WaterSMART Program,” below) that received added congressional attention due to the

drought’s ongoing effects. The House argued that the Administration had not adequately

explained the program, but provided it with $1.47 million in funding. The Senate subcommittee

recommended increasing funding for the program to $15 million, and the final enacted bill

included $50 million for “Western Drought Response.” Some legislation, such as S. 2198, has

also proposed increasing the scope and potential recipients of Reclamation WaterSMART funds

to incorporate drought-related concerns. However, no such language was included in FY2015

appropriations.

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.

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v. Rodgers lawsuit.25 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. The Settlement Act provided $88 million from the Restoration Fund to be

available without further appropriation. Reclamation reports that in FY2015, the balance of the

aforementioned mandatory appropriations is expected to be spent, and without further

congressional action, additional receipts will not be available until October 2019.

In lieu of additional mandatory funding for restoration until 2019, the Administration requested

discretionary funding of $32 million for San Joaquin restoration activities as a separate account in

FY2015. In its recommendation for FY2015, the House provided no funding for implementation

of the San Joaquin River Restoration Settlement. The Senate subcommittee agreed with the

Administration’s request. P.L. 113-235 disagreed with the Administration’s proposed transfer of

this funding to a new account, but provided this funding within the Central Valley Project

appropriation for the Friant Division, in the Water and Related Resources Account.

WaterSMART Program

In recent years Reclamation has combined funding for “bureau-wide” programs promoting water

conservation into a single program—the WaterSMART (Sustain and Manage America’s

Resources for Tomorrow) Program. The program is part of the Department of the Interior’s focus

on water conservation, re-use, and planning. The FY2015 WaterSMART numbers are shown

below in Table 7. The FY2015 request for all WaterSMART programs was $52 million. The

House approved approximately $51 million for these programs. The Senate subcommittee

recommended $115 million for these programs, or $63 million more than the Administration

request. P.L. 113-235 provided $51 million for these programs.

The WaterSMART Program request included two new components in FY2015: Drought

Response and Resilient Infrastructure. Both programs would attempt to respond to the effects of

climate change. The Resilient Infrastructure Program would attempt to identify and expand

opportunities and use information to adapt Reclamation facility operations to account for climate

change and reduce the potential effects of wildfire on Reclamation facilities. The Drought

Response Program would fund new “comprehensive” planning actions, as well as implementation

actions under existing authorities to address water shortages. The House agreed with the

requested funding, while the Senate subcommittee recommended $13.5 million more than the

Administration’s request for drought response and plans. P.L. 113-235 provided no funding for

drought response within the WaterSMART program, but instead provided $50 million for

“Western Drought Response” as a separate line item in the enacted bill.26

25

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) .

26

Reclamation is to provide the appropriations committees its Work Plan for these funds, as well as other funds for

“ongoing work,” within 45 days of the bill’s enactment.

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Table 7. Reclamation WaterSMART Program

($ millions)

FY2013

Approp.

FY2014

Approp.

FY2015

Request

FY2015

House

FY2015

S. Subc.

FY2015

Approp.

WaterSMART Grants

22.6

19.0

19.0

18.6

65.0

19.0

Basin Studies

6.0

4.7

3.9

3.8

4.5

3.9

Title XVI Projects

20.0

21.5

21.5

21.0

24.5

21.5

Drought Response

—

—

1.5

1.5

15.0

0.0a

Resilient Infrastructure

—

—

1.5

1.5

1.5

1.5

Cooperative Watershed

Management Program

0.3

0.3

0.3

0.3

0.3

0.3

Water Conservation

Field Services

6.2

3.4

4.5

4.4

4.5

4.5

52.0

48.9

52.1

51.0

115.3

$50.7

Program Name

Total

Source: FY2013 Bureau of Reclamation Operating Plan, Bureau of Reclamation FY2015 Congressional

Justifications, H.Rept. 113-135, S.Rept. 113-47, H.Rept. 113-486, Senate Appropriations Committee, Explanatory

Statement accompanying P.L. 113-76, H.R. 83 Explanatory Statement.

a. P.L. 113-235 provided no funding for drought response within the WaterSMART program, but

provided $50 million for “Western Drought Response” as a separate line item.

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 energy efficiency, nuclear power, fossil energy R&D, the Strategic

Petroleum Reserve, energy statistics, general science, environmental cleanup, and nuclear

weapons programs.

The FY2013 continuing resolution, P.L. 113-6, funded DOE programs at $25.1 billion, including

the sequestration requirements of the Budget Control Act. The FY2014 bill, P.L. 113-76,

appropriated $27.3 billion for DOE. The Administration’s request for FY2015 was $28.4 billion.

The House approved $27.3 billion, and the Senate Committee on Appropriations subcommittee

on Energy and Water Development recommended $28.4 billion. The enacted FY2015 measure

provided $27.9 billion for DOE.

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Table 8. Energy and Water Development Appropriations

Title III: Department of Energy

($ millions)

FY2013

Approp.

FY2014

Approp.

FY2015

Request

FY2015

House

FY2015

Sen. Sub.

FY2015

Approp.

Energy Efficiency and Renewable

Energy

1,691.8

1,901.7

2,316.7

1,791.0

2,072.9

1,923.9

Electricity Delivery and Energy

Reliability

129.2

147.3

180.0

160.0

174.0

147.3

Nuclear Energy

708.4

889.2

863.4

826.0

777.0

833.5

Fossil Energy R&D

498.7

562.1

475.5

593.0

475.5

571.0

Naval Petrol. and Oil Shale Reserves

14.1

20.0

20.0

20.0

20.0

20.0

Elk Hills School Lands Fund

0.0

0.0

15.6

15.6

15.6

15.6

Strategic Petroleum Reserve

182.6

189.4

205.0

205.0

205.0

200.0

Northeast Home Heating Oil

Reserve

3.6

8.0

1.6

1.6

1.6

7.6

Energy Information Administration

99.5

117.0

122.5

120.0

117.0

117.0

Non-Defense Environmental

Cleanup

223.5

231.8

226.2

245,0

246.0

246.0

Uranium Enrichment D&D Fund

448.2

598.8

531.0

586.0

594.0

625.0

4,681.2

5,071.0

5,111.2

5,071.0

5,086.0

5,071.0

250.6

280.0

325.0

300.0

280.0

280.0

Nuclear Waste Disposal

0.0

0.0

0.0

150.0

0.0

0.0

Departmental Admin. (net)

119.2

126.4

129.1

91.0

110.0

126.0

Office of Inspector General

39.8

42.1

39.9

42.1

39.9

40.5

Office of Indian Energy

0.0

0.0

16.0

0.0

16.0

0.0

Adv. Tech. Vehicles Manuf. Loan

5.7

6.0

4.0

4.0

4.0

4.0

Sec. 1705 Loan Guarantee

0.0

20.0

17.0

17.0

17.0

17.0

Rescission (Clean Coal Technology)

0.0

0.0

-6.6

-6.6

-6.6

-6.6

TOTAL, ENERGY PROGRAMS

9,096.2

10,210.8

10,592.9

10,231.7

10,109.8

10,232.7

Weapons Activities

6,966.9

7,781.0

8,314.9

8,204.2

8,314.9

8,186.7

Nuclear Nonproliferation

2,237.4

1,954.0

1,555.2

1,555.2

1,978.0

1,616.6

Naval Reactors

994.1

1,095.0

1,377.1

1,215.3

1,208.0

1.234.0

Office of Administrator

377.5

377.0

410.8

386.9

390.0

370.0

10,575.8

11,207.0

11,658.0

11,361.6

11,890.9

11,407.3

4,627.1

5,000.0

4,864.5

4,801.3

5,565.0

5,000.0

Program

ENERGY PROGRAMS

Science

Advanced Research Projects AgencyEnergy (ARPA-E)

DEFENSE ACTIVITIES

National Nuclear Security

Administration (NNSA)

Total, NNSA

Defense Environmental Cleanup

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FY2013

Approp.

FY2014

Approp.

FY2015

Request

FY2015

House

FY2015

Sen. Sub.

FY2015

Approp.

Other Defense Activities

760.0

755.0

753.0

754.0

753.0

754.0

Defense Nuclear Waste Disposal

-0.7

0.0

0.0

0.0

0.0

0.0

15,962.1

16,962.0

17,738.5

16,916.9

18,208.9

17,624.3

Southeastern

0.0

0.0

0.0

0.0

0.0

0.0

Southwestern

11.2

11.9

11.4

11.4

11.4

11.4

Western

90.9

95.9

93.4

93.4

93.4

93.4

Falcon & Amistad O&M

0.2

0.4

0.2

0.2

0.2

0.2

102.0

108.2

105.0

105.0

105.0

105.0

-74.5

-6.6

-39

-64.3

-236.1

27,281.0

28,436.5

27,214.0

28,359.4

27,916.8

Program

TOTAL, DEFENSE

ACTIVITIES

POWER MARKETING

ADMINISTRATION (PMAs)

TOTAL, PMAs

Offsets

Total,Title III

25,160.7

Source: H.R. 83 Explanatory Statement, FY2015 budget request, H.Rept. 113-486, Congressional Budget Office,

Senate Appropriations Committee. Totals may not add due to rounding.

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)27

President Obama has declared energy efficiency and renewable energy to be a high priority,

stressing their importance to jobs, economic growth, and U.S. manufacturing competitiveness.

For example, the 2013 Economic Report of the President noted that “President Obama has set a

goal of once again doubling generation from wind, solar, and geothermal sources by 2020.” But

Congress so far has not supported his efforts to boost spending for these programs. His proposed

FY2011 budget for EERE of $2.4 billion was reduced to $1.8 billion, the FY2012 request for $3.2

billion was cut to $1.8 billion, the FY2013 request for $2.3 billion was cut to $1.7 billion, and the

FY2014 request for $2.8 billion was cut to $1.9 billion.

For FY2015, DOE requested $2.32 billion for the EERE programs. Compared with the FY2014

appropriation, the FY2015 request would have increased EERE funding by about $416 million, or

nearly 22%.

DOE requested an additional $180 million for the Office of Electricity Delivery and Energy

Reliability (OE) programs (described in the next section). Table 9 gives the programmatic

breakdown for EERE and OE.

27

This section was prepared by (name redacted).

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Table 9. Energy Efficiency and Renewable Energy Programs

($ millions)

FY2013

Approp.

FY2014

Approp.

FY2015

Request

FY2015

House

FY2015

Sen. Sub.

FY2015

Approp.

Hydrogen/Fuel Cell Technologies

95.8

93.0

93.0

100.0

93.0

97.0

Biomass and Biorefinery Systems

185.2

232.4

253.2

180.0

253.2

225.0

Solar Energy

269.1

257.2

282.3

178.0

248.0

233.0

Wind Energy

86.1

88.2

115.0

107.0

109.0

107.0

Geothermal Technology

35.0

45.8

61.5

46.0

61.5

55.0

Water Power (Hydro/Ocean)

54.7

58.6

62.5

38.5

69.0

61.0

Subtotal, Renewables and

Hydrogen

725.9

775.2

867.5

649.5

833.7

778.0

Vehicle Technologies

303.2

289.9

359.0

277.5

290.0

280.0

Building Technologies

204.6

178.0

211.7

165.0

178.0

172.0

Advanced Manufacturing

114.3

180.6

305.1

206.0

231.8

200.0

Federal Energy Management

28.3

28.3

36.2

20.0

29.0

27.0

Subtotal, Efficiency R&D

650.3

676.7

912.0

668.5

728.8

679.0

Facilities and Infrastructure

24.9

46.0

56.0

56.0

56.0

56.0

Program Direction

160.5

162.0

160.0

150.0

160.0

160.0

Strategic Programs

23.6

23.6

21.8

12.0

22.0

21.0

R&D Subtotal

1,585.1

1,683.5

2,017.3

1,536.0

1,800.5

1,694.0

Tribal Energy Program

9.4

7.0

0.0a

0.0

0.0

0.0

Clean Energy Economic

Development Projects

0.0

0.0

14.0

0.0

0.0

0.0

Subtotal, Demonstration

and Deployment

9.4

7.0

14.0

0.0

0.0

0.0

Weatherization Grants

131.7

174.0

227.6

203.0

227.6

193.0

State Energy Grants

47.1

50.0

63.1

50.0

50.0

50.0

Use of Prior Year Balances

-81.6

-2.4

-5.2

0.0

-5.2

0.0

Floor amendments

—

—

—

2.0

—

—

Rescission

—

—

—

-18.0

0.0

-13.1

1,691.8

1,901.7

2,316.7

1,773.0

2,072.9

1,923.9

129.2

147.2

180.0

160.0

174.0

147.3

Program

Total EERE Appropriationb

Electricity Delivery and

Energy Reliability (OE)

Source: H.R. 83 Explanatory Statement, House and Senate appropriations reports, FY2015 budget request.

a. DOE requested that this funding line be moved from EERE to the Office of Tribal Energy.

b. The House Appropriations Committee had recommended $1,789.0 million and a rescission of $18.1

million. In floor action, $7 million was cut from “renewable energy construction” and $9 million was

added for EERE general use. The resulting effects of those changes on specific subprograms have not

yet been determined. For subprograms, the table shows the amounts identified in the committee

report.

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EERE-wide Cross-Cutting Initiatives

The FY2015 request continued an emphasis on five broad initiatives that cut across multiple

EERE programs:

(1) Grid Integration Initiative. Under this initiative, launched in 2012, EERE’s vehicles, solar, and

buildings programs would work in coordination with DOE’s Grid Tech Team28 to address electric

grid integration barriers and opportunities associated with variable, distributed renewable energy

generators, electric vehicle charging, and building efficiency and controls. Thus, EERE would

coordinate with DOE’s Office of Electricity Delivery and Energy Reliability (OE).

(2) EV Everywhere Grand Challenge. This DOE-wide initiative aims to make technology

breakthroughs that would enable the United States, by 2022, to become the first country in the

world to invent and produce plug-in electric vehicles that are as affordable and convenient as

gasoline-powered vehicles.

(3) SunShot Grand Challenge. This DOE-wide initiative seeks to achieve directly costcompetitive solar power by 2020.

(4) Clean Energy Manufacturing Initiative. This relatively new EERE initiative aims to

dramatically improve U.S. competitiveness in the manufacture of clean energy products (such as

solar modules, LED lights, batteries, and wind blades) and to increase energy productivity as a

means to strengthen U.S. competitiveness across multiple manufacturing industries.

(5) Wide Bandgap Semiconductors for Clean Energy Initiative. Wide bandgap semiconductor

technology was initially developed for military and solid-state lighting uses. DOE contends it is a

key next-generation platform for semiconductor devices with the potential for developing highpower-conversion electronics that are much more compact, more energy efficient, and able to

operate at much higher temperatures and voltages than existing commercial technology. DOE

contends that this “revolutionary” technology could be a platform for the next generation of

electric vehicle drivetrains, solar inverters, high-efficiency motors, solid-state transformers for the

grid, and many other critical, clean energy applications.

House Action

Expressing concern about controlling budget expenses—and citing a need to focus EERE

programs on efforts to curb gasoline and electricity prices—the House Appropriations Committee

recommended cutting overall EERE funding relative to the FY2014 level by $112.7 million

($527.7 million below the request). The committee report stressed a priority on “research that

only the government is likely to do” and “has commercialization possibilities only in the distant

future.” The committee identified several “major oversight initiatives,” including seven for EERE

and four under OE.

The committee cited a concern about the “proliferation of centers,” including Energy Innovation

Hubs and Clean Energy Manufacturing Institutes (CEMIs). The committee report noted that many

centers have been funded repeatedly and “lack a concrete goal after which they would be

terminated.” The committee reiterated FY2014 direction to DOE to provide a comprehensive list

of all centers and details on program and technical goals. Further, the report called for ongoing

review and frequent updates—as well as greater transparency, evaluation, and prioritization.

28

DOE created the Grid Tech Team to develop a stronger and more extensive network of public-private partnerships to

ease the transition to a more modern grid. DOE, EDER, DOE Grid Tech Team, http://energy.gov/oe/services/doe-gridtech-team.

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As an overarching focus, the committee encouraged DOE to assess the feasibility of

ultraconductive copper as a crosscutting technology area, including funding for prototype

development and manufacturing scale-up. Ultraconductive copper is a composite material that

includes less than 1% of carbon nanotubes suspended in more than 99% of copper. It has an

electrical conductivity, at room temperature, up to double that of pure copper. The European

Commission, the main administrative agency of the European Union (EU), launched an

“ultrawire” R&D initiative late in 2013.29

The committee report contained several management and program directives for FY2015. One

directive specified that no funding is to be provided for the Grid Integration Initiative under

Vehicles, Solar, and Buildings programs.30 The committee also adopted an amendment suggesting

that regulations which specify how to calculate the social cost of carbon “should not” be made

final until after incorporating public comment and findings from a Government Accountability

Office (GAO) report. Other selected directives are noted below, in the context of specific program

areas.

Also, the committee sought a rescission of $18.1 million for EERE.31 In floor action, the

rescission was adopted along with four amendments that affect EERE funding for FY2015:

H.Amdt. 986 (Noem) reduced funding for renewable energy construction by $7 million, H.Amdt.

995 (Bonamici) increased EERE funding by $9 million, H.Amdt. 1020 (Burgess) prohibited

EERE spending to enforce lighting efficiency standards for BPAR and ER reflector lamps, and

H.Amdt. 1042 (Weber) prohibited the use of funds for the Cape Wind Energy Project.

Senate Appropriations Subcommittee Action: Draft Report Recommendations

The draft committee report provided two areas of general guidance that would affect EERE

programs. First, the draft report noted that a recent Governmental Accountability Office (GAO)

report had raised concern about the “potential for overlap and duplication” among energy

efficiency programs at DOE, the Department of Housing and Urban Development (HUD), and

the Environmental Protection Agency (EPA). Thus, the committee would direct DOE to lead

production of a report on the topic (including actions to eliminate or consolidate such programs),

establish a coordinating council mechanism, and report on the fulfillment of that coordinating

mechanism. Second, the draft committee report encouraged DOE to form partnerships with nonprofit groups to provide “grid technology testing and technical assistance to the electric industry

to address the variability of renewable power generation.”

Hydrogen/Fuel Cell Program

This program aims to reduce petroleum use, greenhouse gas emissions, and criteria air pollutants,

while contributing to a more diverse and efficient energy infrastructure. The program supports

applied research, development, and demonstration (RD&D) of hydrogen and fuel cell

technologies, as well as efforts to overcome economic and institutional barriers to commercial

deployment. The fuel cell program targets a cost below $40 per kilowatt (kw) and a durability of

5,000 hours (equivalent to 150,000 miles) by 2020. For hydrogen produced from renewable

resources, the target is to bring the cost (dispensed and untaxed) below $4.00 per gasoline gallonequivalent (gge) by 2020. DOE requested $93 million—virtually the same as the FY2014

29

Ultra Conductive Copper-Carbon Nanotube Wire, http://ultrawire.eu/.

See report p. 96, 97, and 101.

31

See report p. 208.

30

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appropriation. In addition to R&D, the funding would address barriers to commercialization by

supporting early market fuel cell demonstrations and by developing equipment codes and

standards. The House committee recommended a $7 million (8%) increase above the FY2014

level. The draft Senate report recommended the same amount as the FY2014 enacted level. Also,

it recommended that DOE take actions to “transform” the size, cost, scalability, and

interoperability of new retail hydrogen stations. The final appropriation was $4 million higher

than the FY2014 level.

Bioenergy (Biomass and Biorefinery) Program

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 farms and forests. While

biofuels and industrial bioproducts (plastics, solvents, and alcohols) may soon be pricecompetitive, swings in oil prices pose an ongoing challenge to achieving cost-competitiveness.

The program is intended to overcome a feedstock collection barrier by focusing on converting

raw biomass to solid pellets or to “green crude” bio-oil that would be easy to transport at large

scale.

Recent goals expand the program scope to include the development of biofuels that would

contribute to production targets of the Renewable Fuel Standard (RFS). These “drop-in” liquid

fuels are largely compatible with existing infrastructure that deliver, blend, and dispense fuels.

Examples include biomass-based hydrocarbon fuels (renewable gasoline, diesel, and jet fuel),

hydrocarbons from algae, and biobutanol. The program aims to help the non-food “drop-in”

biofuels reach a wholesale finished-fuel cost under $3 per gge by 2017 and $3/gge for algal

biomass productivity by 2020.

DOE requested $253 million in FY2015 for Bioenergy (Biomass and Biorefinery) programs, a

$21 million increase over the FY2014 appropriation. The largest requested subprogram increase

would support a joint effort with the Departments of the Navy and Agriculture for commercialscale biorefineries that produce military-specification fuels. The increase would be partially offset

by a $16 million cut for feedstocks, due to greater reliance on feedstock activities at the U.S.

Department of Agriculture. The House committee bill proposed a $52 million cut (23%) below

FY2014. The draft Senate report recommended a $21 million (9%) increase over FY2014. The

draft Senate report expressed “concern” that DOE is interpreting biomass too narrowly and is

failing to consider “promising noncellulosic forms” of biomass projects. The final appropriation

cut $7 million from the FY2014 level.

Also, the House committee report specified that no funding was to be provided for the joint

“drop-in biofuels” initiative with the Navy and the Department of Agriculture to develop

commercial biodiesel and jet biofuels production capacity for defense purposes.32 In direct

contrast, the draft Senate report expressed support for the drop-in biofuels collaboration and

recommended the full requested amount of $60 million. The final agreement provided “up to”

$45 million for this collaborative project.

Solar Energy

For the Solar Program, DOE requested $282 million, an increase of $25 million over the FY2014

appropriation. The funding would support the SunShot Initiative goal to achieve a cost of solar

32

See report p. 96.

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power of 6 cents/kwh to make solar power cost-competitive without subsidies by 2020. This

includes solar photovoltaic R&D; activities that enable a 50% reduction in non-hardware “soft

costs”; and development and demonstration of innovative solar energy manufacturing

technologies to increase U.S. competitiveness, in support of DOE’s Clean Energy Manufacturing

Initiative. FY2015 funding would also support development of advanced thermal storage and

supercritical carbon dioxide power cycles so that concentrated solar power could achieve

baseload grid parity. The House committee bill proposed a $79 million (31%) cut below FY2014,

while the draft Senate report recommended a cut of $9 million (4%). The final appropriation cut

funding by $24 million below the FY2014 level.

Wind Energy

There are three key goals for the Wind Program. First, for land-based windfarms, there is a goal

for the energy cost of utility-scale turbines to reach 5.7 cents/kilowatt-hour (kwh) by 2020 and

4.2 cents/kwh by 2030. Second, for offshore settings, the goal is to cut energy cost from 21

cents/kwh in 2010 to 17 cents/kwh (unsubsidized) by 2020. Third, there is an overall goal to

increase installed windfarm capacity from 60 billion watts (gigawatts, gw) in 2012 to 125 gw by

2020 and 300 gw by 2030.

DOE requested a $27 million increase over the FY2014 appropriation, to $115 million. The main

share of that increase—$22 million for Technology Validation and Market Transformation—was

focused on support for three advanced offshore wind demonstration projects planned for

operation by 2017. The remaining increase would support an Atmosphere to Electrons initiative,

to optimize wind farms with improved performance and lower the cost of wind energy. FY2015

funding would also enable pursuit of new designs, materials, and manufacturing processes for

longer blades to capture greater wind resource and to address transportation barriers, in support of

DOE’s Clean Energy Manufacturing Initiative and of achieving full market cost competition for

wind energy. The House approved a $19 million (21%) cut below FY2014. The draft Senate

report recommended an increase of $21 million (24%) over FY2014. Also, in House floor action,

H.Amdt. 1042 (Weber) was adopted, which would have prohibited the use of funds for the Cape

Wind Energy Project. The final appropriation increased funding by $19 million over the FY2014

level.

Geothermal Technologies

This program aims to lower the risk of resource exploration and cut power production costs to 6

cents/kwh for hydrothermal power by 2020 and for newly developed technologies by 2030. DOE

requested $62 million, an increase of $16 million over the FY2014 appropriation. The funding

would continue site characterization of the Frontier Observatory for Research in Geothermal

Energy (FORGE). FORGE is a dedicated site that enables testing of novel technologies and

techniques, with a central focus on optimization and validation of enhanced geothermal systems.

FY2015 funding would also accelerate “play fairway” analyses that provide assessments of

exploration risk and the probability of finding new resources on a regional scale, resulting in

maps and studies that reduce the industry’s drilling and development risks. The House committee

bill proposed nearly the same amount as FY2014. The draft Senate report recommended $16

million (34%) more than in FY2014. The final appropriation increased funding by $9 million

over the FY2014 level.

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Water Power

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

thermal) resources—and conventional hydropower resources—to generate electricity.

Hydropower technology is well established, but the fledgling industry for marine and

hydrokinetic (MHK) power facilities is still looking to develop a clear technology theme. For the

Water Power Program, DOE requested $63 million, an increase of $4 million over the FY2014

appropriation. The funding would support the launch of HydroNEXT, a new EERE initiative that

focuses on conducting R&D that would allow for increased hydropower opportunities at nonpowered dams, water conveyance systems, and new stream reach development. It would also

support development of new low-cost modular hydropower systems that minimize civil works

and environmental impacts. Further, FY2015 funding would support marine and hydrokinetic

activities to develop and validate open-source design tools and support testing of wave and tidal

energy systems, to enable industry to develop robust next generation systems. The House

committee bill proposed a $20 million (34%) cut below FY2014.The draft Senate report

recommended a $10 million (18%) increase over FY2014. The final appropriation increased

funding by $2 million over the FY2014 level.

Vehicle Technologies

This program is driven by the 10-year EV-Everywhere Challenge (launched in 2012), which aims

to achieve parity for plug-in electric vehicle (EV) affordability and convenience by 2022. The EV

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

technology. A key supporting technology goal is to cut 2008 battery production cost 70% by 2015

(and 88% by 2022). Further, the program seeks to achieve (1) a cut of 1.8 million barrels per day

(16%) in the national oil use trend by 2020, (2) a fuel economy of 62 miles per gallon (mpg) for

cars by 2025, and (3) a 50% increase in heavy duty truck fuel economy from baseline levels by

2015. Also, the program participates in the Grid Integration Initiative.

To help achieve those goals and support the EV Everywhere initiative, DOE requested $359

million, an increase of $69 million—the second-largest program increase for FY2015. There are

four main parts to the $69 million increase. First, funding for batteries and electric drives would

increase by $27 million, focused on reducing weight and costs, developing motors and magnets

without rare earths, and improving wide bandgap semiconductors for power electronics. Second,

funding for outreach and deployment would rise by $19 million to initiate Alternative Fuel

Vehicle Community Partner projects. Third, funding for materials technology would increase by

$16 million, emphasizing carbon fiber and other composites, lightweight materials compatible

with manufacturing infrastructure, and high temperature materials for valves and turbochargers.

Fourth, funding for fuels and lubricants would rise by $11 million, mainly to expand work on

drop-in biofuel compatibility with components and infrastructure—to replace conventional

gasoline, diesel, and jet fuel. The House committee bill proposed a $12 million (4%) cut below

FY2014. The draft Senate report recommended nearly the same amount as FY2014. The report

expressed committee support for grid integration activities. The final appropriation cut funding by

$10 million below the FY2014 level.

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),

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

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

DOE requested $212 million for FY2015, an increase of $34 million over the FY2014

appropriation. The funding emphasizes emerging technologies, to accelerate the development of

lighting, heating and cooling, and other energy efficiency solutions for the nation’s buildings that

offer savings of 50% or more; and supports the equipment and appliance standards programs to

establish minimum energy efficiency requirements pursuant to federal statutes. FY2015 funding

also would help home builders achieve high efficiency levels, improve access for homeowners to

home improvement services, and improve the information, tools, and resources available to the

commercial sector, with a goal of achieving 20% energy savings by 2020.

Two major increases were proposed. First, funding for emerging technologies would increase by

$23 million, focused on R&D on sensors, controls, and grid integration, and on new air

conditioning technologies. Second, a $13 million increase would aim to accelerate equipment

efficiency standards and building codes.

The House committee bill proposed a $13 million (7%) cut below FY2014. The draft Senate

report recommended the same funding as in FY2014. The final appropriation was a cut of $6

million below the FY2014 level.

Some constraints on FY2015 funding for building technologies were adopted by the House

during committee and floor action. Two amendments adopted in committee markup would affect

DOE energy efficiency standards programs operated under the Buildings office.33 One

amendment directed DOE to work with stakeholders to allow for the continued manufacture and

use of grid-enabled water heaters.34 That technology would otherwise be non-compliant with

DOE energy efficiency standards for residential water heaters that are scheduled to take effect in

April 2015. The other amendment (new Section 315) would prohibit DOE from using funds from

the bill to “finalize, implement, or enforce” a rulemaking that would establish energy efficiency

standards for ceiling fans.35 Further, in House floor action, H.Amdt. 1020 (Burgess) was adopted,

which prohibits EERE spending to enforce lighting efficiency standards for BPAR and ER

reflector lamps.36 The provisions for grid-enabled water heaters and ceiling fans were not

included in the final agreement, but the prohibition on DOE enforcement of efficiency standards

for certain reflector lamps was enacted as Section 313 of Division D.

Advanced Manufacturing

Domestic manufacturers face increasing challenges in the global marketplace. The Advanced

Manufacturing Office (AMO) was designed to focus on 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

33

The list of adopted House amendments is at http://appropriations.house.gov/uploadedfiles/hmkp-113-ap0020140618-sd005.pdf.

34

This provision appears on p. 101 of the report. A related provision appeared as a proposed amendment to the

Shaheen-Portman bill, S. 2262. For more information, see CRS Report R43524, S. 2262, Shaheen-Portman Bill 2014:

Energy Savings and Industrial Competitiveness Act, by (name redacted)

.

35

More background on the DOE rulemaking process for ceiling fans is at http://www1.eere.energy.gov/buildings/

appliance_standards/rulemaking.aspx/ruleid/65.

36

BPAR is the acronym for bulged parabolic (shaped) aluminized reflector light bulb. ER is the acronym for the

elliptical reflector type of light bulb. http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/

productid/58.

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by 50% over 10 years. More specific objectives include (1) 50% energy savings through

advanced materials and industrial processes, (2) helping leading companies cut energy intensity

by 25% over 10 years, and (3) facilitating installation of 40 gigawatts (gw, million kilowatts) of

combined heat and power equipment by 2020.37

To meet these goals and objectives, DOE requested $305 million, a net increase of $125 million

over the FY2014 appropriation—the largest EERE program increase requested for FY2015. Most

of the requested increase—about $109 million—would be directed to the subprogram on

Advanced Manufacturing R&D Facilities. Also, a $9 million increase would be provided for

Advanced Manufacturing R&D Projects, mainly for the Advanced Incubator.

The proposed $109 million increase for Advanced R&D Facilities includes up to $70 million to

create at least one new Clean Energy Manufacturing Institute (CEMI) and provide support for

two existing institutes. The new institute would address any one of several topics: nanomaterials

for energy, next generation electric machines, bio-manufacturing, smart manufacturing, or other

topics. The two existing institutes are the Next Generation Power Electronics Manufacturing

Innovation Institute (MII, North Carolina) and the Advanced Composites MII (announced in

March 2014).

The CEMIs form part of a larger proposed interagency network aimed at bringing together

universities, industry, and the government to jointly invest in solving industry-relevant problems.

This activity aims to improve U.S. manufacturing competitiveness, in support of DOE’s Clean

Energy Manufacturing Initiative and the President’s initiative for a multi-agency National

Network for Manufacturing Innovation (NNMI).38 A key goal is for each institute to become

financially sustainable within five to seven years after it is established.

CEMI is a relatively new EERE cross-cutting activity that would be anchored by AMO and

would incorporate activities under many of EERE’s other programs.39 The main goal is to

improve U.S. competitiveness in the manufacturing of clean energy products, such as solar

photovoltaic modules, LEDs, batteries, and wind turbine blades. The CEMI institutes would

provide small- and medium-sized enterprises affordable access to cutting-edge physical and

virtual manufacturing capabilities (e.g., 3-D printing equipment) and facilitate technology use in

the U.S. manufacturing sector to bolster its global competitiveness. DOE plans to invest $70

million-$120 million into each CEMI institute, to be used over a five- to seven-year period. For

the four CEMI institutes, the House committee bill included $56 million and the draft Senate

report recommended $98 million. In the event that DOE seeks funds in the future for additional

CEMIs, the House report directed that the request include “a specific research topic” associated

with each newly proposed CEMI. The draft Senate report specified that, for the third and each

subsequent CEMI there shall be a competitive process, committee notification, development of

performance measures, and demonstration of progress toward funding self-sufficiency with prior

CEMIs. The final agreement adopted those House and Senate directives, and required an EERE

report that provides performance measures to assess the effectiveness of existing CEMIs.

37

DOE, EERE-Advanced Manufacturing Office, FY14 Budget At-a-Glance, http://www1.eere.energy.gov/office_eere/

pdfs/budget/manufacturing_ataglance_2014.pdf.

38

For the NNMI, there are currently four institutes in place and five additional institutes scheduled to be established in

2014, and there is a goal to establish a total of 45 institutes over 10 years.

39

Going forward, DOE expects to establish CEMIs as an alternative to the concept of “manufacturing demonstration

facilities” (MDFs), which it implemented in FY2012 with the establishment of the Critical Materials Hub (discussed in

the next paragraph). DOE’s Oak Ridge National Laboratory is the home for AMO’s first MDF focused on additive

manufacturing and low-cost carbon fiber. For more on MDFs, see http://www1.eere.energy.gov/manufacturing/rd/m/

mdf.html.

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Another R&D facility, the Critical Materials Hub (led by Ames National Laboratory), was created

in FY2012 to focus on technologies that enable manufacturers to make better use of critical

materials (e.g., rare earth elements) and to eliminate the need for materials that are vulnerable to

supply disruptions. Many rare earth elements are essential to technologies of the clean energy

industry.40 Examples include wind turbines, solar photovoltaic panels, electric vehicles, and

energy-efficient lighting. DOE requested $25 million—level funding—to extend the Hub’s

operation for a fourth year. Both the House committee bill and the draft Senate report would

provide the full $25 million for the Critical Materials Hub. The final appropriation included $25

million for this Hub.

Also, DOE requested $10 million of further support for the Manufacturing Demonstration

Facility (MDF) at Oak Ridge National Laboratory. Both the House committee bill and the draft

Senate report would provide the full $10 million for the MDF.

Overall, the House committee bill proposed a $25 million (14%) increase over FY2014, while the

draft Senate report recommended a $51 million (28%) increase over FY2014. The final

appropriation provided a $19 million increase over the FY2014 level.

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 $36

million, about $8 million more than the FY2014 appropriation. The increase would support

expanded marketing and outreach and the development and implementation of tools to streamline

energy savings performance contracts (ESPCs), expanding the General Services Administration’s

(GSA’s) schedule for equipment replacements, and devising a new protocol for measurement and

verification of ESPCs. The House committee bill proposed an $8 million (29%) cut below

FY2014. The draft Senate report recommended a small increase over FY2014. The final

appropriation cut funding by about $1 million below the FY2014 level.

Program Direction

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

DOE requested $185 million, about a $20 million increase over the FY2014 DOE-estimated

level. (The House committee bill combined EERE with OE management—there is no separate

FY2014 estimate for EERE.) The increase would cover an EERE reorganization that would

consolidate information technology and establish an active project management (APM) system to

oversee competitive grants and cooperative agreements. The House committee bill proposed a

$12 million (7%) cut below FY2014. The draft Senate report recommended the full amount of the

request, which would be a $2 million cut from FY2014. The final appropriation cut funding by $2

million below the FY2014 level.

Strategic Programs

The Office of Strategic Programs (formerly Program Support) is a crosscutting EERE office

focused on accelerating development, commercialization, and adoption of energy efficiency and

renewable energy technologies. Strategic EERE planning and partnerships support the transition

of EERE technologies to market, communications and engagement with energy stakeholders,

development of international markets for U.S. clean energy companies, and policy analysis for

40

The Hub also supports materials needs for defense and other strategic industries.

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decision making and management of the EERE portfolio. For this program, DOE requested a

decrease of about $2 million relative to the FY2014 appropriation. The House committee bill

proposed a $12 million (49%) cut from FY2014. The draft Senate report recommended slightly

more than the full request. The final appropriation adopted a cut of nearly $3 million relative to

the FY2014 level.

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 has noted that many states have expended leftover

Recovery Act funds and now need new funds to avoid cutting core programs and services.41 DOE

requested a $54 million increase over the FY2014 appropriation, solely to increase the number of

households served in the FY2015 cycle. The House committee bill proposed a $29 million cut

(17%) below FY2014. The draft Senate report recommended the full amount of the request. The

final appropriation provided $19 million more than the FY2014 level.

State Energy Grant Program

This program supports both administrative and program activities at many state energy offices.

DOE requested an increase of $13 million over the FY2014 appropriation. The proposed increase

would help support a new, $10 million program of Clean Energy and Economic Development

Partnerships to assist regional shale gas growth zones in creating “sustainable” economic

development roadmaps. Rapid local growth associated with shale gas development challenges

infrastructure and services. Thus, the proposed program would focus on economic diversification

and the long term, to reduce the potential for a boom-bust cycle. Also, $4 million in state grant

funding would be used to establish a new Local Technical Assistance Program, which would

support scale-up and adoption of energy efficiency and clean energy technologies. The House

committee bill proposed the same amount as FY2014, as did the draft Senate report. The final

appropriation kept funding at the FY2014 level.

Electricity Delivery and Energy Reliability (OE) Program42

This office supports electric grid modernization and resiliency through R&D, demonstration,

partnerships, facilitation, modeling and analytics, and emergency preparedness and response. It is

the federal government’s lead entity for energy sector-specific responses to energy security

emergencies—whether caused by physical infrastructure problems or by cybersecurity issues.

DOE requested an increase of $33 million over the FY2014 appropriation, which includes a $15

million increase for the Infrastructure Security subprogram and a $10 million increase for the

Smart Grid R&D subprogram. The House approved a $13 million increase over FY2014, while

the draft Senate report recommended a $27 million increase. The final appropriation provided flat

funding at the FY2014 level. The Explanatory Statement for the final agreement did not provide

detailed figures for the following OE subprograms.

41

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)

.

42

This section was prepared by (name redacted).

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For R&D programs, the House provided a $4 million increase over the FY2014 level of nearly

$106 million, while the draft Senate report recommended a $12 million increase over FY2014.

The Smart Grid R&D subprogram aims to modernize the electricity distribution system, which

includes improved reliability, operational efficiency, resiliency, and disaster recovery. The

requested increase would expand R&D on microgrids—localized power grids that can disconnect

from the traditional grid to operate autonomously. Microgrids can help mitigate grid disturbances

and strengthen grid resilience. The increase would also support an evolution towards higher

performance smart grids, or “Smart Grid 2.0.” The House provided level funding at nearly $15

million, while the draft Senate report recommended an increase of nearly $10 million over

FY2014.

For the Cybersecurity R&D subprogram, the House approved a nearly $4 million increase over

the FY2014 level of about $43 million, while the draft Senate report recommended a cut of nearly

$2 million below FY2014.

The Infrastructure Security and Energy Restoration subprogram helps secure U.S. energy

infrastructure against all types of hazards, respond to and reduce the impact of disruptive events,

and assist in quickly restoring energy when events occur. The requested increase would support

the development of advanced mitigation solutions for hardening infrastructure against all hazards,

including geomagnetic disturbances, physical threats, and devastating weather events. The House

approved $16 million, an $8 million increase over FY2014. The draft Senate report recommended

$23 million, a $15 million increase over FY2014.

The House committee report called for up to $1 million to be used for a study on the future

resilience and reliability of the nation’s power grid. The committee also directed DOE to prepare

a report on the “physical and cyber security of the electricity grid.” The draft Senate report

stressed the importance of integrating distributed and intermittent renewable energy power

generation into existing power grid infrastructure. Also, the draft Senate report encouraged DOE

to expand partnerships for the development of microgrids in diverse regions.

Nuclear Energy43

The consolidated appropriations act provided $913.5 million for nuclear energy programs, offset

by $80.0 million in rescissions for a net appropriation of $833.5 million. Including the

rescissions, net funding for nuclear energy is $29.9 million below the Obama Administration’s

FY2015 funding request of $863.4 million, and $55.7 million below the FY2014 level. Not

including the rescission, the total spending level is higher than the request and the FY2014

amount. DOE’s FY2015 nuclear R&D budget justification described the following major goals

for the program:

Improve the safety, reliability, and economics of nuclear power plants;

Implement a “consent based” strategy for developing nuclear waste storage and

disposal facilities;

Develop improved waste management and fuel cycle technologies; and

Understand and minimize the risks of nuclear proliferation and terrorism.

DOE’s Office of Nuclear Energy is to lead a major initiative announced in the FY2015 budget

request to commercialize the Brayton cycle for commercial power plants. Called Supercritical

43

This section was prepared by (name redacted).

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Energy and Water Development: FY2015 Appropriations

Transformational Electric Power Generation (STEP), the initiative is to be a joint effort by DOE’s

nuclear energy, fossil energy, and renewable energy programs. The Brayton cycle uses

supercritical gas to drive electric generators rather than the steam cycle that dominates the

industry today. DOE’s budget justification predicted that Brayton-cycle power plants could reach

efficiencies of up to 50%, compared with 33% for steam-cycle plants. The STEP program is to

reach a 50-50 cost sharing agreement with the private sector in FY2015 to develop a 10 megawatt

(electric) Brayton cycle pilot plant. The funding request for the STEP initiative, provided within

the nuclear energy budget, totaled $27.5 million for FY2015.

The House Appropriations committee had recommended $899.0 million for nuclear energy, $35.6

million above the Administration request. However, an amendment on the House floor (H.Amdt.

979) reduced the nuclear total by $73.3 million to provide more funding for the Corps of

Engineers. The amendment did not specify how the reduction would be allocated among Nuclear

Energy programs.

The Senate subcommittee draft report recommended $777.0 million for nuclear energy programs,

$86.4 million below the request. The draft rejected the Administration’s $97 million request for

small modular reactor licensing support and cut the $100.5 million request for reactor concepts

R&D by 45%.

The House Appropriations committee report agreed with the Administration’s $27.5 million

request for the STEP initiative and authorized DOE to “modify” the 50% cost-sharing goal for

qualifying pilot plants. The draft Senate report also recommended the full STEP request but

cautioned that the program should “be limited in scope, schedule, and cost.” The consolidated

appropriations act included $5.0 million for STEP under Nuclear R&D, focusing on preparing a

solicitation for a cost-shared demonstration program with the private sector. An additional $10.0

million for STEP was included under Coal R&D.

Reactor Concepts

The Reactor Concepts program area includes research on advanced reactors, including advanced

small modular reactors, and research to enhance the “sustainability” of existing commercial light

water reactors. The consolidated appropriations act provided $133.0 million for Reactor

Concepts, $32.5 million above the request and $20.0 million above the FY2014 level.

Much of this program had previously focused on the Next Generation Nuclear Plant (NGNP), a

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

of 2005. The reactor was 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.

Under EPACT05, the Secretary of Energy was to decide by the end of FY2011 whether to

proceed toward construction of a demonstration plant. Then-Secretary of Energy Steven Chu

informed Congress on October 17, 2011, that DOE would not proceed with a demonstration plant

design “at this time” but would continue research on the technology. Potential obstacles facing

NGNP include low prices for natural gas, the major competing fuel, and private-sector

unwillingness to pay half the project’s costs.44 Congress accepted the Administration’s proposal

for FY2014 to shift remaining NGNP research activities to the Advanced Reactor Concepts

subprogram.

44

Section 988(c) of the Energy Policy Act of 2005 (P.L. 109-58) requires a 50% industry cost share for DOE

demonstration and commercial application activities, although the Energy Secretary may reduce that share “as

necessary and appropriate, taking into consideration any technological risk relating to the activity.”

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DOE proposed to combine the Small Modular Reactor (SMR) R&D and Advanced Reactor

Concepts subprograms into the Advanced Reactor Technologies subprogram in FY2015. The

funding request for the combined subprogram was $70.2 million, a reduction of $12.6 million

from the combined subprograms in FY2014. Reactor concepts being developed by the Advanced

Reactor Technology 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. Nuclear technology development under this program focuses on “fast

reactors,” using high-energy neutrons, fluoride salt-cooled high-temperature reactors, and high

temperature gas-cooled reactors. International research collaboration in this area would continue

under the Generation IV International Forum (GIF).

The House Appropriations committee recommended $138.0 million for Reactor Concepts, $37.5

million more than the request and $25.0 million above FY2014. The committee agreed with the

proposal to consolidate Advanced SMR research with Advanced Reactor Concepts. The House

panel voted to boost funding for the Advanced Reactor Concepts subprogram to $101.0 million,

adding funding for high temperature gas reactor research. As noted above, the House approved an

amendment to reduce the committee’s recommended total nuclear funding level without

specifying cuts in individual nuclear programs.

DOE’s FY2015 request for the Light Water Reactor Sustainability subprogram was $30.3 million,

$350,000 above the FY2014 appropriation. The House panel recommended $35.0 million. 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 (NRC). The program, which is cost-shared with the nuclear industry, studies the

aging of reactor materials and analyzes safety margins of aging plants. This subprogram is also

conducting research to understand the Fukushima disaster and to develop prevention and

mitigation measures, according to the DOE justification.

The draft Senate bill and report would have cut reactor concepts to $55.0 million, consisting of

$49.2 million for the combined Advanced Reactor Technologies subprogram and $5.8 million for

Light Water Reactor Sustainability. The draft report directed DOE to focus the Light Water

Reactor Sustainability subprogram on “understanding of accident scenarios, such as those

exhibited in the Fukushima Daiichi nuclear disaster.”

The consolidated appropriations act specified that $33.0 million of Reactor Concepts funding be

used for graphite fuel research previously conducted under the NGNP program. The consolidated

measure agreed to combine SMR research into Reactor Concepts.

Small Modular Reactor Licensing Support

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 300 megawatts of electrical capacity, such reactors would be only a

fraction of the size of current commercial reactors, which typically exceed 1,000 megawatts.

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 and the light water (LWR) technology used by today’s

commercial reactors.

The consolidated appropriations act provided $54.5 million for technical support for licensing

small modular reactors, $42.5 million below the request and $55.5 million below the FY2014

level. Under the program, DOE is to pay up to half the costs associated with NRC design

certification and licensing of selected SMRs, as well as for economic studies and other analyses

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that would support SMR deployment in general. The program has focused on LWR designs

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

FY2015 budget justification says the SMR licensing and technical support program will continue

through FY2017 and cost DOE a total of $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.

A consortium led by Babcock & Wilcox (B&W) was announced by DOE in November 2012 as

the first award recipient under the program. DOE and the B&W consortium signed a cooperative

agreement in April 2013 to implement the award, allowing for federal payments of around $226

million over five years to design and license a commercial demonstration of B&W’s 180

megawatt mPower SMR. The mPower demonstration plant would potentially be constructed at

the Tennessee Valley Authority’s Clinch River site near Oak Ridge, TN, by 2022, according to the

DOE justification. However, B&W announced April 14, 2014, that it would reduce its spending

on the project to $15 million per year and delay the mPower’s design certification application to

NRC indefinitely, citing a lack of investors and customer contracts for the design.45 Because of

the project’s slowdown, DOE reportedly stopped paying matching funds to B&W after the first

quarter of 2014.46

DOE selected a second SMR to receive assistance under the program in December 2013. The

NuScale Power SMR has a generating capacity of only 45 megawatts. Under the company’s

current concept, up to 12 reactors would be housed in a single pool of water, which would

provide emergency cooling. The NuScale SMR is intended to be ready for commercial operation

by around 2025, according to DOE.47 The DOE budget justification contends that reduced

funding for the SMR program will be sufficient for both the B&W and NuScale projects in

FY2015.

Because of the uncertainty about the B&W SMR project, the House Appropriations Committee

cut the SMR program to $54.5 million, with all of the remaining funding directed to the NuScale

project. However, the committee said that it “will consider additional funding according to

developments.” The Senate draft report recommended no new funding for SMR licensing

support, citing the availability of $85.0 million in prior-year funds that could be reprogrammed

for the NuScale project. The consolidated appropriations measure adopted the House position.

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, with minimal on-site fabrication, and because their smaller size would allow for simpler and

more effective 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.

45

Babcock & Wilcox Company, “B&W Announces Restructuring of Small Modular Reactor Program,” news release,

April 14, 2014, http://www.babcock.com/news-room/Pages/BW-Announces-Restructuring-of-Small-Modular-ReactorProgram.aspx.

46

McAuliffe, Michael, “B&W Says DOE Stops Matching Funds after SMR Program Slowdown,” Nucleonics Week,

August 14, 2014, p. 3.

47

DOE Office of Nuclear Energy, “Small Modular Nuclear Reactors,” http://www.energy.gov/ne/nuclear-reactortechnologies/small-modular-nuclear-reactors.

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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. In general, the program is investigating ways to

separate radioactive constituents of spent fuel for re-use or to be bonded into stable waste forms.

The FY2015 consolidated appropriations act provided $197.0 million for this program, a slight

increase from the $189.1 million request and $186.5 million appropriated for FY2014.

The Administration requested a nearly one-third increase for the Used Nuclear Fuel R&D

subprogram, from $60.0 million in FY2014 to $79.0 million in FY2015. This subprogram focuses

on establishing a new spent fuel management system, consistent with the Administration’s moves

to terminate the previously authorized waste repository program at Yucca Mountain, NV. DOE

released its Strategy for the Management and Disposal of Used Nuclear Fuel and High-Level

Radioactive Waste in January 2013 that calls for a “consent-based siting process” for nuclear

storage and disposal facilities. The Used Fuel subprogram would also conduct waste

transportation analyses and research on potential waste repositories, including salt caverns and

deep boreholes, according to the DOE justification. DOE also proposed that Congress provide

mandatory appropriations for the spent fuel management program beginning in FY2018 to

supplement discretionary appropriations. (See the “Nuclear Waste Disposal” section for more

details.)

Other major research areas in the Fuel Cycle R&D Program include the development of accidenttolerant fuels for existing commercial reactors, evaluation of fuel cycle options, development of

improved technologies to prevent diversion of nuclear materials for weapons, and technology to

increase nuclear fuel resources, such as uranium extraction from seawater.

The House Appropriations Committee recommended $182.0 million for Fuel Cycle R&D, $7.1

million below the request and $4.5 million below FY2014. The committee provided $60.1 million

for accident-tolerant fuels research, $55.0 million for Used Nuclear Fuel Disposition, and $55.0

million for used-fuel disposition R&D, such as long-term dry cask storage.

The Senate draft report recommended $230.0 million for Fuel Cycle R&D, including $119.0

million for Used Nuclear Fuel Disposition. Within Used Fuel Disposition, $89.0 million was to be

provided for developing a consolidated spent fuel storage facility through a consent-based siting

process. Such a storage facility could hold spent fuel from nuclear power plants until a permanent

underground repository could be developed. The draft report also recommended $60.1 million for

accident-tolerant fuels.

Of the funding provided by the consolidated appropriations act, $60.1 million was specified for

accident-tolerant fuels, $49.0 million for used nuclear fuel disposition R&D, and $22.5 million to

develop the Administration’s proposed waste management system, including $3.0 million to

“design, procure, and test” rail casks. No funding was provided for a consolidated spent fuel

storage facility, as authorized by the Senate draft bill.

Fossil Energy Research and Development48

For FY2015, the Obama Administration requested $475.5 million for the Fossil Energy Research

and Development program (FE R&D) with the provision that it remain available until expended

48

This section was prepared by (name redacted).

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and that $114.2 million remain available until September 30, 2016, for program direction. The

request represented a 15% decrease from the FY2014 appropriation of $562.1 million.

Congress provided $571.0 million for FY2015 in P.L. 113-235 for FE R&D, $95.5 million above

the President’s request (+20%), and $8.9 million above the FY2014 amount (+1.6%). Some

activities received increases in funding, and some received decreases, compared to the FY2014

enacted amounts (see Table 10). The main activities are listed below, showing the change of the

enacted amount for FY2015 compared with the FY2014 appropriation.

A Carbon Capture sub-program focuses on separating CO2 in both precombustion and post-combustion systems (-$4 million).

The Carbon Storage sub-program focuses on long-term geologic storage of CO2,

including small- and large-scale CO2 injection tests. The Regional Sequestration

Partnerships would be renamed Storage Infrastructure. No funding was requested

for beneficial use/reuse of CO2 (-$8.9 million).

An Advanced Energy Systems sub-program focuses on improving availability

and efficiency of fossil energy systems integrated with CO2 capture. The

Advanced Energy Systems sub-program focuses on gasification, oxycombustion, advanced turbines, and other energy systems (+$3.5 million).

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

research by fostering development and deployment of innovative systems (+$7.1

million).

National Energy Technology Laboratory (NETL) Coal R&D supports in-house

research activities. Congress noted that it would provide $15 million above the

President’s request to continue support for extracting rare-earth elements from

coal and coal byproduct streams (no change from FY2014).

Supercritical Transformational Electric Power (STEP) Generation Program, a

new program in FY2015 not included in the President’s request under NE R&D

(+$10.0 million).

Other FE R&D activities in the budget proposal outside of the coal program include:

Natural Gas Technologies with a focus on ongoing methane hydrates research

and on collaborative research regarding hydraulic fracturing (+$4.3 million).

Unconventional Fossil Energy Technologies from Petroleum activities (-$10.4

million).

Program Direction provides funding for DOE headquarters, field offices, and

contractor support (-$1.0 million).

The new program funded by Congress under coal, the Supercritical Transformational Electric

Power (STEP) Generation Program, would be a joint initiative with the Office of Nuclear Energy

and the Solar Energy Program within the Office of Energy Efficiency and Renewable Energy. The

STEP program is intended to promote the development of large-scale supercritical carbon dioxide

power conversion; instead of water and steam, CO2 would be used to transform heat energy in

turbine systems. (For more on STEP, see “Nuclear Energy.”)

Under Natural Gas Technologies (total $25.1 million for FY2015), Congress provided $15

million for methane hydrates research, and $10.1 million for collaborative research and

development regarding hydraulic fracturing. Congress further specified that funding for hydraulic

fracturing is for research that aims to improve both the economics and recoverability of reserves

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and to address the health, safety, and environmental risks of shale gas extraction. The

Administration did not request any funding for this activity in FY2015.

With its $571.0 million appropriation, Congress directed DOE to submit a comprehensive

program plan and research and development roadmap no more than 180 days after enactment of

P.L. 113-235.

Table 10 shows proposed funding and changes compared with FY2014 and FY2013 for FE R&D

activities.

Table 10. Fossil Energy Research and Development

($ millions)

FY2013

Approp.

FY2014

Approp.

FY2015

Request

FY2015

House

FY2015

Sen. Sub.

Conf.FY20

15

Approp.

Natural Gas CCS

0.0

0.0

25.0

0.0

25.0

0.0

Carbon Capture

63.7

92.0

77.0

90.0

77.0

88.0

Carbon Storage

106.7

108.9

80.1

100.0

80.1

100.0

Advanced Energy Systems

92.4

99.5

51.0

107.0

46.0

103.0

Cross Cutting Research

45.6

41.9

35.3

50.0

30.3

49.0

NETL Coal R&D

33.3

50.0

34.0

50.0

34.0

50.0

Coal

STEP (Supercritical CO2)

15.0

10.0

Coal Subtotal

341.9

392.3

302.4

412.0

292.4

400.0

Natural Gas Technologies

13.9

20.6

35.0

22.6

40.0

25.1

Unconventional Fossil

Energy

4.6

15.0

0.0

13.0

5.0

4.6

Program Direction

114.2

120.0

114.2

120.0

114.2

119.0

Plant and Capital

Equipment

16.0

16.0

15.3

16.8

15.3

15.7

FE Environmental

Restoration

7.5

5.9

7.9

7.9

7.9

5.9

Special Recruitment

Program

0.7

0.7

0.7

0.7

0.7

0.7

498.7

570.5

475.5

593.0

475.5

571.0

0.0

-8.5

0.0

0.0

0.0

0.0

498.7

562.1

475.5

593.0

475.5

571.0

Subtotal

Use of Prior Year

Balance

Total

Source: H.R. 83 Explanatory Statement.

Notes: Coal was formerly Carbon Capture and Sequestration Demonstration. Totals may not sum exactly due

to rounding.

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Strategic Petroleum Reserve49

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

Louisiana and Texas. The SPR provides strategic and economic security against foreign and

domestic disruptions in U.S. oil supplies via an emergency stockpile of crude oil. The program

fulfills U.S. obligations under the International Energy Program, which avails the United States of

International Energy Agency (IEA) assistance through its coordinated energy emergency response

plans, and provides a deterrent against energy supply disruptions.

By early 2010, the SPR’s maximum capacity reached 727 million barrels.50 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.

In the summer of 2011, the President ordered an SPR sale in coordination with an International

Energy Administration sale under treaty obligation because of Libya’s curtailment. The U.S. sale

of 30.6 million barrels reduced the SPR inventory to 695.9 million barrels.

In March 2014, DOE’s Office of Petroleum Reserves conducted a test sale to evaluate the ability

to sell, draw down, and distribute crude oil given the significant changes in domestic crude oil

production, increased imports of Canadian crude oil, and changes to crude oil distribution

infrastructure upon which the SPR relies. The SPR Test Sale delivered 4,998,146 barrels of crude

oil over a 47-day period that netted $468.6 million in cash receipts to the U.S. government (SPR

Petroleum Account). The SPR Petroleum Account current balance is $250.8 million.

The FY2015 House Appropriations Committee report noted that DOE in May 2014 had

announced the establishment of the first regional gasoline reserve, to be stored at various

locations in the Northeast, with receipts from the SPR test sale. The committee found that the

gasoline reserve “may have merit and deserves further consideration” but criticized “the timing of

these announcements, the use of receipts from the test sale rather than appropriated funds, and the

lack of prior consultation with the Congress.”

The Bipartisan Budget Act of 2013 (P.L. 113-67) rescinded all available funds in the SPR

Petroleum Account and permanently repealed the federal government’s authority to accept oil

through royalty-in-kind.

The Consolidated Appropriations Act of 2014 (P.L. 113-76) prohibited the waiver of the

navigation and vessel-inspection requirements under the Jones Act (46 U.S.C. 501(b)) for

transporting crude oil distributed from the SPR until the Secretary of Homeland Security takes

adequate measures to ensure the use of U.S. flag vessels.

For FY2015, the Administration requested $205.0 million to operate the SPR, an 8.3% increase

over the FY2014 appropriation of $189.4 million. The funding increase above FY2014 is

primarily for a major maintenance program to address aging infrastructure and the deferred

maintenance backlog. The House and the Senate subcommittee approved the $205.0 million

request to operate the SPR. However, the final appropriations measure cut the funding to $200.0

million.

49

This section was prepared by (name redacted).

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).

50

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Science51

The DOE Office of Science conducts basic research in six program areas: advanced scientific

computing research, basic energy sciences, biological and environmental research, fusion energy

sciences, high-energy physics, and nuclear physics. Through (primarily) these programs, DOE

was the third-largest federal funder of basic research and the largest federal funder of research in

the physical sciences in FY2014.52 Table 11 includes FY2013 and FY2014 current plan funding;

as well as the budget request, House and Senate recommendations, and final action for FY2015.53

Table 11. Science

($ millions)

FY2013

Currenta

FY2014

Currentb

FY2015

Request

FY2015

House

FY2015 S.

Sub.

FY2015

Approp.

405.0

463.5

541.0

541.0

557.0

541.0

Basic Energy

Sciences (BES)

1,551.3

1,662.7

1,806.5

1,702.0

1,806.5

1,733.2

Biological and

Environmental

Research (BER)

560.7

593.6

628.0

540.0

627.5

592.0

Fusion Energy

Sciences (FES)

377.8

495.9

416.0

540.0

341.0

467.5

High Energy Physics

(HEP)

727.5

774.9

744.0

775.0

774.5

766.0

Nuclear Physics

(NP)

507.2

554.8

593.6

600.0

601.6

595.5

Workforce

Development for

Teachers and

Scientists (WDTS)

17.5

26.5

19.5

n/s

29.5

19.5

Science Laboratories

Infrastructure (SLI)

105.7

97.8

79.2

n/s

66.7

79.6

Safeguards and

Security (S&S)

77.5

87.0

94.0

n/s

94.0

93.0

Program Direction

(PD)

174.9

185.0

189.4

180.0

187.7

183.7

SBIR/STTR (Office

of Science)c

116.1

128.5

n/a

n/a

n/a

n/a

4,261.1

5,070.2

5,111.2

5,071.0

5,086.0

5,071.0

Program

Advanced Scientific

Computing Research

(ASCR)

Subtotal

51

This section was prepared by Heather Gonzalez.

Based on preliminary FY2014 data from Tables 7 and 22 of National Science Foundation, National Center for

Science and Engineering Statistics, Federal Funds for Research and Development: Fiscal Years 2012-14, NSF 14-316

(September 2014).

53

The Senate Committee on Appropriations published a draft subcommittee bill and an accompanying subcommittee

report (also draft), on its website on July 24, 2014. Copies available upon request.

52

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Program

SBIR/STTR (DOEwide transfer)c

Total

FY2013

Currenta

FY2014

Currentb

FY2015

Request

FY2015

House

FY2015 S.

Sub.

FY2015

Approp.

60.1

64.7

n/a

n/a

n/a

n/a

4,681.2

5,131.0d

5,111.2

5,065.7e

5,079.0f

5,067.7g

Source: Data in the “FY2013 Current,” “FY2014 Current,” and “FY2015 Request” columns are from the

December 3, 2014, Office of Science, “FY2013-FY2015 Appropriation Summary,” available at

http://science.energy.gov/~/media/budget/pdf/sc-congressional-appropriations/fy-2015/FY_20132015_SC_Funding_Summary.pdf. Data in the column titled “House” are from H.Rept. 113-486 and H.R. 4923

(Energy and Water Development and Related Agencies Appropriations Act, 2015) as passed by the House. Data

in the column titled “Senate Subc.” are from the draft subcommittee report and bill as published on the Senate

Committee on Appropriations website on July 24, 2014. Data in the column titled “FY2015 Approp.” are from

P.L. 113-235 (Consolidated and Further Continuing Appropriations Act, 2015) and pp. H9710-H9711 of the

Explanatory Statement printed in the December 11, 2014, Congressional Record.

a. Funding levels in this column reflect the enacted appropriation, plus the reallocation of funding within the

Office of Science for a congressionally approved reprogramming request, the reallocation of SBIR/STTR

funding within the Office of Science to the SBIR/STTR (Office of Science) line, and the transfer of

SBIR/STTR funding from other DOE programs into the SBIR/STTR (DOE-wide transfer) line.

b. Funding levels in this column reflect the enacted appropriation, plus the reallocation of funding within the

Office of Science for a congressionally approved reprogramming request, the reallocation of SBIR/STTR

funding within the Office of Science to the SBIR/STTR (Office of Science) line, and the transfer of

SBIR/STTR funding from other DOE programs into the SBIR/STTR (DOE-wide transfer) line. Also includes

use of prior-year funds in the amount of $3.8 million transferred to SBIR.

c. For more information about the Small Business Innovation Research (SBIR) and Small Business Technology

Transfer (STTR) programs, see CRS Report R43695, Small Business Innovation Research and Small Business

Technology Transfer Programs, by (name redacted) Details for FY2014 and FY2015 are not yet available.

d. Includes a $3.8 million reduction for use of prior-year balances.

e. Includes a $5.3 million rescission of prior-year balances.

f.

Includes a $7.0 million rescission of prior-year balances.

g. P.L. 113-235, Division D, Title V, Section 309 rescinds $3.3 million in unobligated balances from prior years

from the Science account.

P.L. 113-235 provides $5.068 billion to the Office of Science in FY2015.54 This amount is

roughly equivalent to the FY2014 current level of $5.066 billion.55 The Obama Administration

requested $5.111 billion for the Office of Science in FY2015, the House recommended $5.066

billion,56 and the draft Senate bill would have provided $5.079 billion.57 Overall, the Explanatory

Statement, which accompanied P.L. 113-235, adopts the recommendations in the House report

(H.Rept. 113-486) unless otherwise specifically noted in the statement.58

54

This funding level includes $5.071 billion in enacted FY2015 funding for Science plus a $3 million rescission of

unobligated balances from prior years as per P.L. 113-235, Division D, Title V, Sec. 309.

55

This funding level includes $5.070 billion in current FY2014 funding for Science plus a $4 million reduction for use

of prior year balances.

56

This funding level includes $5.071 billion in proposed FY2015 funding for Science plus a $5 million rescission of

unobligated balances from prior years as per H.R. 4923, Sec. 309.

57

This funding level includes $5.086 billion in proposed FY2015 funding for Science plus a $7 million rescission of

unobligated balances from prior years as per the draft Senate bill, Sec. 313.

58

See “Explanatory Statement Submitted by Mr. Rogers of Kentucky, Chairman of the House Committee on

Appropriations Regarding the House Amendment to the Senate Amendment on H.R. 83,” Congressional Record, daily

edition, vol. 160, no. 151—Book II (December 11, 2014), beginning on p. H9307; referred to herein as the

“Explanatory Statement.”

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By program, the largest increase in the FY2015 appropriations law goes to ASCR, which receives

$78 million (17%) more than its FY2014 current funding level. The largest decrease is to FES,

which receives $28 million (-6%) less than it did in FY2014. Compared with the FY2014 funding

level, the largest recommended increase in the House report would have accrued to ASCR ($78

million, or 17%), while the only decrease would have accrued to BER ($54 million, or -9%). The

draft Senate report also recommended a substantial increase for ASCR ($94 million, or 20%); its

only decrease would have accrued to FES ($155 million, -31%). Most of the proposed FES

reduction would have come from termination of U.S. involvement in the ITER project. (See

“Fusion Energy Sciences (FES)” for more information about this draft recommendation.)

Advanced Scientific Computing Research (ASCR)

ASCR receives a total of $541 million in FY2015. This amount is $78 million (17%) over the

FY2014 funding level and is equal to both the Administration’s request and the House report

recommendation. The draft Senate report would have provided $557 million to ASCR in FY2015.

Most of the Administration’s requested increase was for exascale computing activities. According

to the ASCR budget request, “Capable exascale computing, with a hundred to thousand fold

improvement in true application performance over today’s systems, is the next frontier of

development in High Performance Computing (HPC), extending capability significantly beyond

today’s petascale computers to address the next generation of scientific, engineering, and largedata problems.”59 Given its perceived importance to national security and economic

competitiveness, exascale computing is a DOE priority. DOE leadership asserts that the

department is on a path to have a capable machine by the early 2020s.60

The House and draft Senate reports both recommended the requested level for ASCR-funded

Exascale Computing ($91 million) in FY2015. In addition, the House and draft Senate reports

both recommended the requested levels for the Argonne Leadership Computing Facility (ALCF,

$80 million) and Oak Ridge Leadership Computing Facility (ORLCF, $104 million). The two

committee recommendations diverged from each other on the question of funding for the

National Energy Research Scientific Computing Center (NERSCC) at Lawrence Berkeley

National Laboratory. The House report recommended the requested level of $69 million, while

the draft Senate report recommended $85 million. The final agreement, as described in the

Explanatory Statement, provided $91 million for ASCR-funded Exascale Computing, $104

million for ORLCF, $80 million for ALCF, and $76 million for NERSCC. The Explanatory

Statement also provided $3 million for the Computational Sciences Graduate Fellowship

program.61

Basic Energy Sciences (BES)

FY2015 funding for BES is $1.733 billion. This amount is $70 million (4%) more than the

FY2014 funding level of $1.663 billion. The FY2015 request for BES, the largest Office of

59

FY2015 DOE budget request, volume 4 (Science), p. 17.

Testimony of Office of Science Acting Director Patricia Dehmer, in U.S. Congress, House Committee on

Appropriations, Subcommittee on Energy and Water Development, Budget Hearing—Department of Energy, Science,

hearings, 113th Cong., 2nd sess., March 25, 2014, at http://appropriations.house.gov/calendararchive/eventsingle.aspx?

EventID=373120.

61

Also included in the Explanatory Statement are DOE-wide provisions limiting funding for educational activities to

those expressly included in the budget justification or appropriations documents. See Explanatory Statement, p. H9698.

60

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Science program, was $1.807 billion. The House report recommended $1.702 billion; the draft

Senate report recommended the request.

Most of the requested BES increase was for scientific user facilities ($34 million) or construction

($37 million). For facilities, DOE plans to cease National Synchrotron Light Source (NSLS)

operations—and transition the NSLS-II from a construction project to operations—in FY2015.

Construction increases would provide $63 million for research and development activities, longlead procurements, and prototyping for the Linac Coherent Light Source-II (LCLS-II). The

Administration also requested $24 million for the (new) Computational Materials Science activity

in FY2015.

The House report recommended $128 million for BES construction in FY2015, which is below

the $139 million request for the LCLS-II. (The LCLS-II is the only project with a request for BES

construction funding in FY2015.) The House report further recommended $105 million for

NSLS-II operations, $100 million for Energy Frontier Research Centers (EFRCs), $10 million for

the Experimental Program to Stimulate Competitive Research (EPSCoR), and $8 million for

Computational Materials Sciences; as well as $24 million for the Batteries and Energy Storage

Innovation Hub and no funding for the Fuels from Sunlight Innovation Hub.62

The draft Senate report also recommended $100 million for EFRCs and $24 million for the

Batteries and Energy Storage Innovation Hub. However, the draft Senate report differed from the

House report in its recommendations for EPSCoR ($15 million); Computational Materials

Sciences ($18 million); and the Fuels from Sunlight Innovation Hub, which the draft Senate

report would have funded at $24 million (if the Office of Science completes an internal and peer

review of the Hub). The draft Senate report also recommended the requested level ($139 million)

for LCLS-II construction.

As described in the Explanatory Statement, the final agreement includes $100 million for EFRCs,

$24 million for the Batteries and Energy Storage Innovation Hub, $10 million for EPSCoR, $8

million for Computational Materials Sciences, $15 million for the Fuels from Sunlight Innovation

Hub; and $139 million for LCLS-II construction.

Biological and Environmental Research (BER)

The Explanatory Statement provides $592 million for BER in FY2015, close to the FY2014

funding level. The Administration requested $628 million, which the draft Senate report would

have provided. The House report recommended $540 million.

Within BER, the Administration sought to reduce funding for Biological Systems Science by $12

million. Of this amount, $10 million would have come from a 66% decrease in funding for

Radiological Sciences. The request indicated that the reduction in funding for Radiological

Sciences represented a shift in focus from nuclear medicine research to bioenergy and

environmental research within the Biological Systems Science portfolio.63 The Administration’s

request for the other major BER activity, Climate and Environmental Sciences, would have

increased funding by $30 million in FY2015. Most of this increase would have provided for a

62

According to the House report, the Fuels from Sunlight Innovation Hub received its final year of funding within a

five-year term in FY2014. (H.Rept. 113-486, p. 119.)

63

U.S. Department of Energy, FY2015 Congressional Budget Request, Science and Advanced Research Projects

Agency-Energy, vol. 4, March 2014, p. 103.

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new activity, Climate Model Development and Validation ($29 million), which sought to improve

existing models’ representation of extreme events, as well as their quantification of uncertainty.64

The House report would have provided $75 million for the three Bioenergy Research Centers

(same as the request) and recommended no funding for the proposed Climate Model

Development and Validation activity. The draft Senate report recommended $29 million (just

under the requested level) for the Climate Model Development and Validation activity, as well as

$46 million for the operation of the Environmental Molecular Science Laboratory at Pacific

Northwest National Laboratory.

The Explanatory Statement provides $75 million for the three Bioenergy Research Centers, $46

million for the Environmental Molecular Science Laboratory at Pacific Northwest National

Laboratory, and no funding for the Climate Model Development and Validation activity.

Fusion Energy Sciences (FES)

FY2015 funding for FES is $468 million, which is $28 million (-6%) less than the FY2014

current level. The Administration requested $416 million for FES in FY2015. The House report

recommended $540 million; the draft Senate report recommended $341 million. Most of the

differences between these various funding levels derived from the way each recommendation

provided for U.S. contributions to the ITER project.

ITER is a multi-national effort to design and build an experimental fusion reactor, which is

currently under construction in France.65 According to DOE, ITER “aims to generate fusion

power 30 times the levels produced to date and to exceed the external power applied … by at

least a factor of ten.”66 However, many U.S. analysts have expressed concern about ITER’s cost,

schedule, and management.67 Some policy makers and U.S. fusion researchers also express

concern about the impact of ITER’s funding on the availability of DOE resources for the

domestic fusion program.

The Administration’s FY2015 budget request, the House bill and report, and the draft Senate bill

and report each sought to address these concerns, albeit differently. The FY2015 budget request

for the U.S. contribution to ITER was $150.0 million, or $50 million less than the FY2014

64

U.S. Department of Energy, Office of Science Acting Director Patricia Dehmer, “FY2015 Budget Request to

Congress for DOE’s Office of Science,” PowerPoint presentation, March 4, 2014.

65

According to the ITER agreement, the U.S. contribution to ITER is 9.09% of construction costs. However, more than

80% of U.S. ITER project funding is spent at universities and businesses within the United States. (For example, the

United States is designing, engineering, and procuring ITER’s cooling water system as part of the U.S. contribution.)

Other contributors include China, India, Japan, South Korea, the Russian Federation, and the European Union. In

exchange for its contribution, the United States gains 100% access to ITER’s research output. More information about

the U.S. ITER program is available at https://www.usiter.org/index.shtml.

66

U.S. Department of Energy, FY2015 Congressional Budget Request, Science and Advanced Research Projects

Agency-Energy, vol. 4, March 2014, p. 137, http://energy.gov/sites/prod/files/2014/04/f14/Volume_4.pdf.

67

In 2008, the cost for the U.S. share of ITER was estimated to be between $1.45 billion and $2.2 billion. Schedule

delays, design and scope changes, and other factors have placed upward pressure on ITER costs. According to the

FY2015 DOE budget request, the “present U.S. assessment of the project is that it cannot, under current conditions,

meet the most recent schedule” (DOE, FY2015 budget request, volume 4, p. 137) and that the “best estimate” of the

current total cost range is between $4.0 and $6.5 billion (Ibid., p. 146). A June 2014 Government Accountability Office

review of DOE’s cost and schedule estimates for the U.S. ITER project concluded, among other things, that the

unreliability of the overall international project schedule limited DOE’s ability to produce a reliable cost and schedule

estimate for the U.S. project. (See U.S. Government Accountability Office, Fusion Energy: Actions Needed to Finalize

Cost and Schedule Estimates for U.S. Contributions to an International Experimental Reactor (GAO-14-499), June

2014, http://www.gao.gov/products/GAO-14-499.)

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current plan funding level of $200 million and $75 million less than the $225 million annual cap

on ITER funding that DOE proposed in 2012.68 The Administration’s request noted that the

present U.S. assessment of the international ITER project is that it cannot meet the most recent

proposed schedule. The FY2015 request further stated that the request “will ensure that U.S. inkind contributions maintain [the] U.S. commitment to FY2015 project needs.”69

The House, on the other hand, recommended $225 million for the U.S. contribution to ITER—

$200 million for in-kind hardware contributions and $25 million for cash contributions. Both the

House-passed bill (H.R. 4923) and House report specified that U.S. cash contributions to the

international ITER project would be contingent upon the ITER governing council’s

implementation of recommendations from a 2013 management assessment report.70

Unlike both the Administration and the House, which sought to continue funding the ITER

project, the draft Senate report recommended that the United States withdraw from ITER

altogether. It provided $75 million to FES to complete existing contracts and fund the U.S. ITER

office in FY2015. (The draft Senate bill contained similar provisions.) Citing a June 2014

Government Accountability Office (GAO) report on the ITER project, the draft Senate report

stated

The Committee cannot support a project with no specified price tag or date of

completion, especially when the project is the most complicated engineering construction

project in the world with significant, unresolved project management problems. 71

The FY2015 agreement, as described in the Explanatory Statement and in the text of P.L. 113235, funds ITER at the requested level of $150 million, with the proviso that U.S. cash

contributions must be withheld until the governing council implements the recommendations of

the 2013 management assessment report. P.L. 113-235 further provides that this prohibition may

be waived if the Secretary of Energy determines that the governing council is making satisfactory

progress towards implementing the recommendations.

In addition to the ITER project, the FY2015 FES budget request noted DOE’s intention to shutter

the Alcator C-Mod facility at the Massachusetts Institute of Technology (MIT) in late FY201672

and proposed a 61% ($11 million) reduction in funding for High Energy Density Laboratory

Plasmas science. The House report recommended specific funding levels for a number of FES

activities, including $315 million for domestic fusion research (above both the FY2015 request

and FY2014 current level), as well as $22 million for research and facilities operations at the

Alcator C-Mod and $18 million for High Energy Density Laboratory Plasmas. Among other

things, the draft Senate report recommended $17 million for High Energy Density Laboratory

Plasmas, similar to the FY2014 current plan funding level.

68

According to the FY2015 budget request, “In the spring of 2012… DOE and its oversight organizations agreed to

support an annual funding level of no more than $225,000,000 per year beginning in FY2014.” U.S. Department of

Energy, FY2015 Congressional Budget Request, Science and Advanced Research Projects Agency-Energy, vol. 4,

March 2014, p. 137, http://energy.gov/sites/prod/files/2014/04/f14/Volume_4.pdf.

69

Ibid.

70

Excerpts of this report were published in the online New Yorker. See Raffi Khatchadourian, “How to Fix ITER,” The

New Yorker, February 28, 2014, http://www.newyorker.com/news/daily-comment/how-to-fix-iter.

71

Draft Senate report, p. 102.

72

The Obama Administration sought to eliminate funding for the Alcator C-Mod facility in FY2014. However,

congressional appropriators included funding for the facility in the Joint Explanatory Statement that accompanied the

Consolidated Appropriations Act, 2014 (P.L. 113-76). See “Joint Explanatory Statement,” Congressional Record,

January 15, 2014, pp. H881-H893.

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Among other items, the Explanatory Statement provided $22 million for Alcator C-Mod, noting

that FY2016 will be the final year of funding for the MIT tokamak and directing DOE to plan for

an orderly shutdown. The Explanatory Statement also directed the Office of Science to seek

community engagement on its forthcoming FES strategic planning and priorities report. High

Energy Density Laboratory Plasmas received $18 million in FY2015. The Explanatory Statement

provided $318 million for the FES research line item.

High Energy Physics (HEP)

The Explanatory Statement provided $766 million to HEP in FY2015, $9 million (-1%) less than

the FY2014 current funding level. The Administration requested a reduction for HEP in FY2015

(to $744 million). Both the House committee and draft Senate reports recommended maintaining

HEP at close to FY2014 funding levels in FY2015.

The HEP request sought overall reductions in Energy Frontier Experimental Physics, Intensity

Frontier Experimental Physics, Theoretical and Computational Physics, Advanced Technology

R&D, and Construction, as well as overall increases in Cosmic Frontier Experimental Physics

and Accelerator Stewardship. The FY2015 HEP request did not include funding for the Long

Baseline Neutrino Experiment (LBNE), which received funding for design activities in FY2014.

The request indicated that HEP intends to further develop LBNE program plans in FY2015.73

The House and draft Senate reports would have provided increases over requested levels for

Energy Frontier Experimental Physics, Cosmic Frontier Experimental Physics, Theoretical and

Computational Physics, and Advanced Technology R&D. The House report also recommended an

increase over the request for Intensity Frontier Experimental Physics; the draft Senate report

recommended about $6 million less ($245 million compared to $251 million). The two reports

differed on, among other things, funding for Accelerator Stewardship. The House report

recommended $3 million while the draft Senate report recommended the requested level of $19

million. The House report also recommended $22 million for LBNE R&D, as well as engineering

and design activities. However, the House report recommended no funding for long-lead

procurements or construction activities associated with the LBNE project. The draft Senate report

recommended $22 million for LBNE engineering and design.

The Explanatory Statement provides $22 million for the LBNE, including $10 million for R&D

and $12 million for engineering and design, but provides no funding for long-lead procurements

or construction activities. Accelerator Stewardship receives $10 million (about the same as

FY2014). The agreement further provides higher-than-requested funding levels for Intensity

Frontier Experimental Physics, Cosmic Frontier Experimental Physics, Theoretical and

Computational Physics, and Advanced Technology R&D.

73

The LBNE was initially conceptualized as an experiment that would beam certain particles (underground) from

Fermilab in Batavia, IL, to the Sanford Underground Research Facility in Lead, SD. The project was determined to be

too expensive as initially proposed. Scientists are considering whether to modify the experiment to an above-ground

option that may make it less expensive (but perhaps less scientifically useful) or seek international partners to assist

with the cost of the underground option. See Pallab Ghosh, “UK Backs Huge Neutrino Plan,” BBC News, February 14,

2104, at http://www.bbc.com/news/science-environment-26017957; and Adam Hurlburt, “Feds Support Underground

Neutrino Experiment,” Black Hills Pioneer, January 23, 2014, at http://www.bhpioneer.com/local_news/

article_bdc8b8c8-8452-11e3-84f7-....bb2963f4.html .

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Nuclear Physics (NP)

Nuclear Physics receives $596 million in FY2015. This amount is $41 million (7%) more than the

FY2014 funding level. The FY2015 request for NP was $594 million. The House report

recommended $600 million; the draft Senate report recommended $602 million.

The largest change in the FY2015 NP request was a $35 million increase in construction funding

for the Facility for Rare Isotope Beams (FRIB) at Michigan State University. This increase would

be partially offset by a $9 million reduction in funding for the 12GeV CEBAF (Continuous

Electron Beam Accelerator Facility) Upgrade project, which is reaching completion. Funding

increases for the FRIB would support the continuation of planned construction activities and final

technical design. Both the House and draft Senate reports recommended the requested level for

FRIB. The Explanatory Statement, by reference to the House report, provided the requested level

for FRIB.

ARPA-E74

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.

DOE budget documents describe ARPA-E’s mission as overcoming long-term, high-risk

technological barriers to the development of energy technologies. FY2015 funding for ARPA-E is

$280 million, the same as FY2014 enacted funding. The Administration sought $325 million for

ARPA-E in FY2015. As in FY2013 and FY2014, the FY2015 ARPA-E request included two

research thrust areas: Transportation Systems ($148 million requested) and Stationary Power

Systems ($148 million requested). The House would have provided $300 million for ARPA-E in

FY2015; the draft Senate bill recommended $280 million.

Nuclear Waste Disposal75

Current funding for DOE’s civilian nuclear waste disposal activities is included under the Office

of Nuclear Energy’s Fuel Cycle Research and Development Program, in the Used Nuclear Fuel

Disposition subprogram. As noted in the Nuclear Energy section of this report, the Administration

requested $79 million for the Used Nuclear Fuel Disposition subprogram for FY2015, an increase

of $19 million from FY2014.

Through the Used Nuclear Fuel subprogram, DOE’s Office of Nuclear Energy is carrying out

activities formerly conducted by the 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. No

funding for Yucca Mountain was requested for FY2015. In line with the request, the final FY2015

appropriations act did not include any new funding for Yucca Mountain and it reduced the request

for Used Nuclear Fuel Disposition—not involving Yucca Mountain—by $7.5 million.

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,”

74

75

This section was prepared by Heather Gonzalez.

This section was prepared by (name redacted).

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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, 2012.76 The Blue

Ribbon Commission recommended that future efforts to develop nuclear waste facilities follow a

“consent based” approach and be carried out by a new organization, rather than DOE. The

commission said the new nuclear waste entity 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, those funds cannot be spent without appropriation by Congress.

DOE released its Strategy for the Management and Disposal of Used Nuclear Fuel and HighLevel Radioactive Waste in January 2013 in response to the Blue Ribbon Commission report. The

strategy called for a pilot interim storage facility for spent fuel from closed nuclear reactors to

open by 2021 and a larger storage facility, possibly at the same site, to open by 2025. A site for a

permanent underground waste repository would be selected by 2026, and the repository would

open by 2048. Storage and disposal sites would be selected by a new waste management

organization through a consent-based process, as recommended by the Blue Ribbon

Commission.77

Under the category of Nuclear Waste Disposal, the House approved $150.0 million in FY2015 for

DOE to restart its supporting activities for the Yucca Mountain licensing process at the Nuclear

Regulatory Commission (NRC). As it has in previous years, the House Appropriations Committee

noted that Yucca Mountain is by law the only candidate site for a national repository for highly

radioactive waste. The panel rejected the Administration’s attempts to “unilaterally” develop and

implement a new nuclear waste policy.

Much of the Administration’s nearly one-third funding boost for Used Nuclear Fuel Disposition

in FY2015, under the Nuclear Energy category, would go for R&D on long-term storage of highburnup fuels—nuclear fuel rods that have been irradiated much longer than was typical in the

past. The higher funding request would also pay for deep borehole demonstration tests, as well as

continuing evaluations of crystalline rock, clay/shale, and salt as potential media for a permanent

underground repository, according to the DOE budget justification.

The FY2015 request for the Used Nuclear Fuel subprogram proposed $30 million for an

integrated waste management system to develop preliminary processes for storage, transportation,

disposal, and consent-based siting—of which $24.0 million would come from the Nuclear Waste

Fund. The FY2015 draft Senate bill would have authorized DOE to conduct a voluntary siting

process for consolidated spent fuel storage (Section 308) and provide $89.0 million under Used

Fuel Disposition for the project, including $24.0 million from the Nuclear Waste Fund. The final

FY2015 appropriations measure did not include the House-passed funding for Yucca Mountain or

the waste storage facility proposed by the Senate panel, but it provided $22.5 million for the

Administration’s proposed integrated waste management system, although not from the Nuclear

Waste Fund as requested.

The FY2015 budget request included a proposal to change the nuclear waste funding system

along the lines proposed by the Blue Ribbon Commission. Discretionary funding (annual

76

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.

77

DOE, Strategy for the Management and Disposal of Used Nuclear Fuel and High-Level Radioactive Waste, January

2013, http://energy.gov/sites/prod/files/

Strategy%20for%20the%20Management%20and%20Disposal%20of%20Used%20Nuclear%20Fuel%20and%20High

%20Level%20Radioactive%20Waste.pdf.

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appropriations by Congress) would continue to pay for “regular and recurring” expenses of the

nuclear waste program. In the past, discretionary appropriations for the program have come from

both the Nuclear Waste Fund, to pay for disposal of commercial reactor waste, and from the

General Fund, to pay for defense waste disposal.

Beginning in FY2018, under the Administration proposal, the discretionary appropriations for

spent nuclear fuel management would be supplemented by mandatory appropriations, first from

incoming nuclear waste fee revenues and eventually from past fees and interest that have

accumulated in the Waste Fund. If Congress enacted such mandatory appropriations, the specified

funding would be automatically provided to the waste program without the need for annual

congressional approval. A similar proposal in FY2014 was not approved by Congress, and it was

not included in the House-passed or draft Senate bills for FY2015, nor in the final measure.

DOE’s proposal to pay for nuclear waste activities with annual waste fee collections has also been

jeopardized by a ruling by the U.S. Court of Appeals for the District of Columbia Circuit that

DOE must stop collecting the fees. NWPA requires the Secretary of Energy to adjust the fees as

necessary to cover the waste program’s anticipated costs, but the Court ruled that DOE’s current

waste plans are too vague to allow a reasonable estimate to be calculated.78 In response to the

court ruling, DOE reportedly stopped collecting the waste fee on May 16, 2014, eliminating about

$750 million in revenues collected each year from the nuclear power

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Energy and Water Development: FY2015 Appropriations · R43567 | Frix