Energy and Water Development: FY2016 Appropriations

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Energy and Water Development:

FY2016 Appropriations

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January 27, 2016

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R43966

Energy and Water Development: FY2016 Appropriations

Summary

The Energy and Water Development appropriations bill provides funding for Army Corps of

Engineers (Corps) civil works projects, 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. DOE typically accounts for about

80% of the bill’s total funding.

President Obama’s FY2016 budget request was released February 2, 2015. Including adjustments,

the request for Energy and Water Development agencies totaled $36.04 billion, compared with a

total of $34.78 billion appropriated for FY2015, an increase of 3.6%. The House approved its

version of the FY2016 Energy and Water Development Appropriations bill on May 1, 2015 (H.R.

2028, H.Rept. 114-91), and the Senate Appropriations Committee followed on May 21, 2015

(H.R. 2028, S.Rept. 114-54); both bills provided total budget authority of about $35.4 billion.

After lengthy negotiations, Congress enacted an omnibus funding measure on December 18,

2015, the Consolidated Appropriations Act, 2016 (H.R. 2029, P.L. 114-113). The omnibus

measure provided a total of $37.3 billion for energy and water programs for FY2016, an increase

of 7.3% over FY2015.

Major Energy and Water Development funding highlights for FY2016 included

Waters of the United States. Language to block a controversial rulemaking to

define “waters of the United States” was considered but not adopted;

Energy Efficiency in Manufacturing and Vehicles. DOE’s energy efficient

manufacturing research would have more than doubled and research on energy

efficient vehicles would have risen 59% under the FY2016 budget request, but

smaller increases were approved;

Nuclear Waste Management. The House approved $175 million for the statutorily

authorized candidate disposal site at Yucca Mountain, NV, while the Senate

Appropriations Committee would have authorized and funded an interim storage

pilot facility, but none of those provisions were adopted;

ITER Fusion Reactor. Cost, schedule, and management concerns were raised

about the International Thermonuclear Experimental Reactor (ITER);

Nuclear Weapons Activities. Congress approved the Administration’s requested

10.7% increase for weapons activities and a proposal to combine and transfer two

counterterrorism programs within DOE’s National Nuclear Security

Administration;

Waste Isolation Pilot Plant (WIPP) Recovery. Efforts to resume operations at the

WIPP defense transuranic waste repository in New Mexico are to continue in

FY2016 with decreased total funding; and

Surplus Plutonium Disposition. Level funding was approved, as requested, for a

multibillion-dollar plant to convert surplus nuclear weapons plutonium into

civilian nuclear reactor fuel.

For FY2015, appropriations for Energy and Water Development programs were included in the

Consolidated and Further Continuing Appropriations Act, 2015 (H.R. 83, Division D). For

details, see CRS Report R43567, Energy and Water Development: FY2015 Appropriations,

coordinated by (name redacted)

.

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Energy and Water Development: FY2016 Appropriations

Contents

Introduction and Overview .............................................................................................................. 1

Funding Issues and Initiatives ......................................................................................................... 3

Waters of the United States ....................................................................................................... 3

Energy Efficiency in Manufacturing and Vehicles .................................................................... 4

Nuclear Waste Management ...................................................................................................... 4

International Thermonuclear Experimental Reactor ................................................................. 4

Nuclear Weapons Activities ...................................................................................................... 5

Surplus Plutonium Disposition ................................................................................................. 5

Cleanup of DOE Nuclear Facilities ........................................................................................... 5

Energy-Water Nexus ................................................................................................................. 6

Bill Status and Recent Funding History .......................................................................................... 6

Description of Major Energy and Water Programs ......................................................................... 7

Corps of Engineers .................................................................................................................... 7

Bureau of Reclamation .............................................................................................................. 9

Department of Energy ............................................................................................................. 10

Energy Efficiency and Renewable Energy........................................................................ 12

Nuclear Energy ................................................................................................................. 14

Fossil Energy Research and Development ........................................................................ 15

Strategic Petroleum Reserve ............................................................................................. 15

Science .............................................................................................................................. 16

ARPA-E ............................................................................................................................ 17

Loan Guarantees and Direct Loans ................................................................................... 17

Nuclear Weapons Stockpile Stewardship.......................................................................... 17

Defense Nuclear Nonproliferation .................................................................................... 19

Cleanup of Former Nuclear Sites ...................................................................................... 19

Power Marketing Administrations .................................................................................... 21

Title IV: Independent Agencies ..................................................................................................... 21

Congressional Hearings ................................................................................................................. 22

House ...................................................................................................................................... 22

Senate ...................................................................................................................................... 23

Figures

Figure 1. Major Components of Energy and Water Development Appropriations Bill .................. 1

Tables

Table 1. Status of Energy and Water Development Appropriations, FY2016 ................................. 6

Table 2. Energy and Water Development Appropriations, FY2008 to FY2016 .............................. 6

Table 3. Energy and Water Development Appropriations Summary ............................................... 7

Table 4. Army Corps of Engineers .................................................................................................. 8

Table 5. Bureau of Reclamation .................................................................................................... 10

Table 6. Department of Energy....................................................................................................... 11

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Energy and Water Development: FY2016 Appropriations

Table 7. Independent Agencies Funded by Energy and Water Development

Appropriations............................................................................................................................ 22

Contacts

Author Contact Information .......................................................................................................... 23

Key Policy Staff ............................................................................................................................ 24

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Energy and Water Development: FY2016 Appropriations

Introduction and Overview

The Energy and Water Development appropriations 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).

President Obama’s FY2016 budget request, released February 2, 2015, would have provided

$36.04 billion for agencies in the Energy and Water Development bill—3.6% above the $34.78

billion appropriated for FY2015.1 The FY2016 request for DOE was up by 8.4%, led by a

proposed 13.0% increase in energy programs. The Corps would have been reduced by 13.2%, and

the Bureau of Reclamation would have received a 3.0% cut. Figure 1 compares the major

components of the Energy and Water Development bill.

Figure 1. Major Components of the Energy and Water Development

Appropriations Bill

Sources: Agency budget justifications, congressional appropriations explanatory statements, Congressional

Budget Office. Includes some rescissions and other adjustments.

The House approved its version of the FY2016 Energy and Water Development Appropriations

Bill (H.R. 2028, H.Rept. 114-91) May 1, 2015, by a vote of 244-177. Total funding in the bill,

including rescissions, was $35.4 billion, 1.8% below the Administration’s request. The House

provided $5.64 billion for the Corps, 19.2% above the request, and $28.97 billion for DOE, 5.1%

below the request. The House total for the Bureau of Reclamation was nearly the same as the

request.

1

Bill totals include some rescissions and other adjustments.

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Energy and Water Development: FY2016 Appropriations

The Senate Appropriations Committee reported its version of H.R. 2028 (S.Rept. 114-54) on May

21, 2015. Total funding in the bill was $35.37 billion, including rescissions, slightly below the

House-passed level. Compared with the House level, the Senate committee bill increased DOE

funding by $333 million (1.2%) and decreased the Corps by $268 million (4.7%). The Senate

measure did not include the House amendments discussed below.

Congress enacted an omnibus funding measure for the entire federal government on December

18, 2015, the Consolidated Appropriations Act, 2016 (P.L. 114-113). The omnibus measure

provided a total of $37.3 billion for energy and water programs for FY2016, an increase of 7.3%

over FY2015. Funding in the omnibus measure included $29.7 billion for DOE (up 5.7%), $6.0

billion for the Corps (up 9.8%), $1.3 billion for Reclamation (up 11.8%), and $342 million for

independent agencies (up 27.0%).2

President Obama strongly opposed the House Appropriations Committee bill in an April 28,

2015, Statement of Administration Policy. The Administration particularly criticized the bill’s

reductions in the President’s budget request for energy efficiency and renewable energy and

strongly objected to a prohibition on the Corps rulemaking on the definition of “waters of the

United States.” According to the Administration statement, the President’s senior advisors would

have recommended a veto of the House Committee bill.3

Several amendments generated substantial debate and were adopted by the House after recorded

votes:

Prohibiting DOE from using funds in the bill to enforce light bulb efficiency

standards. Offered by Representative Michael C. Burgess; adopted 232-189. This

prohibition was included in Division D, Sec. 312 of P.L. 114-113.

Prohibiting DOE from using a report on lifecycle greenhouse gas emissions when

making determinations on liquefied natural gas exports. Offered by

Representative Keith J. Rothfus; adopted 232-172. It was not included in P.L.

110-114.

Prohibiting funds in the bill from being used for DOE’s Climate Model

Development and Validation program. Offered by Representative Paul A. Gosar;

adopted 224-184. It was not included in P.L. 110-114.

Prohibiting funds in the bill from being used to purchase water to meet stream

flow requirements in California. Offered by Representative Tom McClintock;

adopted 228-183. It was not included in P.L. 110-114.

Prohibiting funds in the bill from being used to limit Clean Water Act exemptions

for certain agricultural activities. Offered by Representative Doug LaMalfa;

adopted 239-174. Similar language was included in Division D, Sec. 110 of P.L.

114-113.

2

For details, see the Explanatory Statement for the Consolidated Appropriations Act, 2016, Division D, Congressional

Record, December 17, 2015, Book II, p. H10056, https://www.congress.gov/crec/2015/12/17/CREC-2015-12-17bk2.pdf. The grand total in the Explanatory Statement includes $26.9 million in rescissions but excludes $111.1 million

in additional scorekeeping adjustments that would reduce the grand total to $37.2 billion, the subcommittee allocation

shown in S.Rept. 114-197. See Senate Committee on Appropriations, Comparative Statement of New Budget Authority

FY2016, January 12, 2016, p. 11.

3

Office of Management and Budget, Statement of Administration Policy, H.R. 2018—Energy and Water Development

and Related Agencies Appropriations Act, 2016, April 28, 2015, https://www.whitehouse.gov/omb/114/

legislative_sap_date_2015.

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Energy and Water Development: FY2016 Appropriations

Prohibiting funds in the bill from being used to deliver water to the Trinity River

above minimum requirements or to supplement flows in the Klamath River.

Offered by Representative Doug LaMalfa; adopted 228-183. It was not included

in P.L. 110-114.

Congressional consideration of the annual Energy and Water Development appropriations bill is

affected by certain procedural and statutory budget enforcement measures. The procedural budget

enforcement is primarily through limits associated with the budget resolution on total

discretionary spending and spending under the jurisdiction of each appropriations subcommittee.

Statutory budget enforcement is derived from the Budget Control Act of 2011 (BCA; P.L. 11225).

The BCA established limits on defense and nondefense discretionary spending. These limits are

in effect for each of the fiscal years between FY2012 and FY2021, and are primarily enforced by

an automatic spending reduction process called sequestration. The Bipartisan Budget Act of 2013

(P.L. 113-67) established higher levels for the FY2014 and FY2015 spending limits than what

would have otherwise been in effect. The original BCA process to calculate the limits would have

again become effective starting in FY2016, but higher limits were enacted by the Bipartisan

Budget Act of 2015 (P.L. 114-74).

(For more information on discretionary spending limits, see CRS Report CRS Report R44062,

Congressional Action on FY2016 Appropriations Measures, by (name redacted) .)

For FY2015, appropriations for Energy and Water Development programs were included in the

Consolidated and Further Continuing Appropriations Act, 2015 (H.R. 83). Energy and Water

funding totaled $519 million above the request and $653 million above FY2014, including

rescissions. The consolidated appropriations measure passed the House on December 11, 2014,

and the Senate on December 13, 2014, and was signed by the President on December 16, 2014

(P.L. 113-235). For details, see CRS Report CRS Report R43567, Energy and Water

Development: FY2015 Appropriations, coordinated by (name redacted)

.

Funding Issues and Initiatives

The Administration’s FY2016 Energy and Water Development appropriations request and

subsequent congressional action have highlighted several significant areas of debate. The issues

described in this section—listed approximately in the order they appear in the Energy and Water

Development bill—were selected based on the total funding involved and the percentage of

increases or decreases, the amount of congressional attention, and their impact on broader public

policy considerations.

Waters of the United States

The Corps requested but did not receive a $5 million increase for Clean Water Act (CWA)

rulemaking activities, including developing a final rule to define “waters of the United States

(WOTUS)” jointly with the Environmental Protection Agency (EPA). While FY2016 funding was

being considered in Congress, the Corps and EPA promulgated the final rule on June 29, 2015.4

Waters under CWA jurisdiction are subject to CWA regulatory requirements; for example, they

cannot be dredged or filled without a Corps permit. H.R. 2028, as approved by the House, would

have barred the Corps from developing, adopting, implementing, or enforcing any change to rules

4

Environmental Protection Agency and the Army Corps of Engineers, 80 Federal Register 37054, June 29, 2015.

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Energy and Water Development: FY2016 Appropriations

or guidance pertaining to the CWA definition of “waters of the United States,” but the restriction

was not included in the Senate bill or the final omnibus act. Similar provisions were included in

proposed FY2015 appropriations bill language during the 113th Congress, but were not enacted.

For more information, see CRS Report R43943, EPA and the Army Corps’ “Waters of the United

States” Rule: Congressional Response and Options, by (name redacted) .

Energy Efficiency in Manufacturing and Vehicles

DOE’s energy efficient manufacturing research funding would have more than doubled under the

Administration request, with most of the increase going to the establishment of two new Clean

Energy Manufacturing Institutes as part of the National Network for Manufacturing Innovation.5

Research on energy efficient vehicles would have risen 59% under the FY2016 budget request.

The main activity increased under the vehicles program would have been the Electric Vehicle

Everywhere Grand Challenge Program, a 10-year program announced in March 2012 to

encourage production of cost-competitive plug-in electric vehicles. The funding request was

included in DOE’s Energy Efficiency and Renewable Energy program, which would have seen a

total increase of 42%, from $1.914 billion in FY2015 to $2.723 billion in FY2016. The proposed

increases were largely rejected by the House and by the Senate committee. The enacted omnibus

funding measure provided $2.073 billion for energy efficiency and renewables, including a 14%

increase in manufacturing research and a 10% boost in vehicle technologies.

Nuclear Waste Management

Funding for the disposition of highly radioactive “spent,” or “used,” fuel from nuclear power

plants would have risen 52%—from $71.5 million to $108.4 million—in the Administration’s

request. The additional funding would have expanded DOE’s efforts to develop a “consent based”

waste management system as an alternative to a planned repository at Yucca Mountain, NV,

which the Administration is no longer pursuing. But the House, as it has in the past, rejected

funding for the Administration’s nuclear waste management program and provided $175 million

to continue the Yucca Mountain licensing process. Following the pattern of recent years, the

Senate committee did not include funding for Yucca Mountain but authorized a pilot consolidated

nuclear waste surface storage facility. The omnibus funding measure provided $85 million for

used nuclear fuel disposition but did not include the House funding for Yucca Mountain or the

Senate Committee pilot storage facility. For more information, see CRS Report RL33461,

Civilian Nuclear Waste Disposal, by (name redacted)

.

International Thermonuclear Experimental Reactor

The International Thermonuclear Experimental Reactor (ITER), under construction in France,

continues to draw congressional concerns about management, schedule, and cost. The United

States is to pay 9.09% of the project’s construction costs, including contributions of components,

cash, and personnel. The total U.S. share of the cost is currently estimated at between $4.0 billion

and $6.5 billion, up from $1.45 billion to $2.2 billion in 2008. The Administration’s proposed

U.S. contribution for FY2016 was $150.0 million, the same as the FY2015 level. The House

approved the Administration request, while warning that future support would depend on

management reform. The Senate committee proposed eliminating ITER funding. P.L. 114-113

5

For details, see CRS Report R42625, The Obama Administration’s Proposal to Establish a National Network for

Manufacturing Innovation, by (name redacted)

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provided $115 million, along with reporting requirements on the project’s schedule and

management.

Nuclear Weapons Activities

Maintaining U.S. nuclear bombs and missile warheads is the responsibility of DOE’s National

Nuclear Security Administration (NNSA). The Administration requested $8.85 billion for

NNSA’s Weapons Activities in FY2016, a 10.7% increase over the comparable funding level in

FY2015. For FY2016, the Administration proposed to combine two counterterrorism programs

that had been located in Weapons Activities—Nuclear Counterterrorism Incident Response, and

Counterterrorism and Counterproliferation—and transfer them to Defense Nuclear

Nonproliferation, also run by NNSA. P.L. 114-113 provided the Administration’s full request for

Weapons Activities, including the transfer and consolidation of the counterterrorism and

counterproliferation programs.

Surplus Plutonium Disposition

The Mixed-Oxide Fuel Fabrication Facility (MFFF), which would make fuel for nuclear reactors

out of surplus weapons plutonium, has faced sharply escalating construction and operation cost

estimates. After Congress rejected the Administration’s proposal for FY2015 to place the

controversial South Carolina project in “cold standby,” DOE requested level funding of $345

million for continued construction in FY2016. DOE completed a congressionally mandated study

of MFFF and a potentially less expensive alternative plutonium disposal method during FY2015,

to dilute the surplus plutonium for disposal at the Waste Isolation Pilot Plant (WIPP) in New

Mexico. P.L. 114-113 provided $340 million for MFFF construction, plus $5 million for planning

and design of the “dilute and dispose” option. For more information, see CRS Report R43125,

Mixed-Oxide Fuel Fabrication Plant and Plutonium Disposition: Management and Policy Issues,

by (name redacted) and

ame

(n redacted)

.

Cleanup of DOE Nuclear Facilities

DOE’s Office of Environmental Management (EM) is responsible for environmental cleanup and

waste management at the Department’s nuclear facilities. P.L. 114-113 provided $6.22 billion for

EM, a $400 million increase above the request of $5.82 billion, but did not fund a request of $472

million for the federal contribution to the Uranium Enrichment Decontamination and

Decommissioning Fund. The nearly flat funding request—$5.82 billion requested in FY2016

compared with $5.86 billion enacted in FY2015—would have been coupled with efforts by DOE

to negotiate changes in its environmental compliance requirements that could modify cleanup

milestones at some sites, according to DOE’s budget justification. The milestones are specified in

enforceable environmental compliance agreements among DOE, the Environmental Protection

Agency, and the states. DOE called for similar milestone renegotiations in its FY2015 budget

justification.

DOE efforts to resume operations at WIPP have continued in FY2016. DOE plans to resume

limited waste disposal operations sometime in the first quarter of calendar year 2016.6 WIPP is

the centralized geologic repository for the permanent disposal of transuranic wastes generated at

other DOE sites. WIPP operations ceased after two incidents in February 2014, one involving a

truck fire and the other involving a radiological release. P.L. 114-113 provided $300 million for

6

See the DOE WIPP website for status information: http://www.wipp.energy.gov/wipprecovery/recovery.html.

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Energy and Water Development: FY2016 Appropriations

WIPP within the Environmental Management appropriation, of which $82 million was allocated

to recovery activities. The total FY2016 appropriation for WIPP is $57 million above the request

of $243 million, and $20 million below the FY2015 appropriation of $320 million.

Energy-Water Nexus

DOE proposed a new Energy-Water Nexus crosscutting activity for FY2016 that would analyze

the relationships between energy and water use and conduct research on water and energy

systems. In justifying the new activity, DOE noted that energy is a major user of the nation’s

water and that extraction, distribution, and treatment of water requires large amounts of energy.

DOE offices that would be involved in this crosscut include Energy Policy and Systems Analysis,

International Affairs, Energy Efficiency and Renewable Energy, Fossil Energy, Indian Energy

Policy and Programs, and Science. Funding for Energy-Water Nexus activities, to be provided

through existing program offices, would total $38.4 million in FY2016. The initiative is currently

being implemented by the Secretary of Energy’s Water-Energy Tech Team,7 although it was not

specifically mentioned in P.L. 114-113. For more information, see CRS Report R43200, EnergyWater Nexus: The Water Sector’s Energy Use, by (name redacted) , and CRS Report R43199,

Energy-Water Nexus: The Energy Sector’s Water Use, by (name redacted).

Bill Status and Recent Funding History

Table 1 indicates the steps taken during consideration of the FY2016 funding legislation.

Table 1. Status of Energy and Water Development Appropriations, FY2016

(budget authority in billions of current dollars)

Subcommittee

Markup

House

Senate

House

Report

4/15/2015

5/19/2015

4/24/2015

House

Passed

Senate

Report

Senate

Passed

5/1/2015

5/21/2015

Final Approval

Conf.

Report

House

Senate

Public

Law

12/18/2015

12/18/2015

12/18/2015

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

FY2008 through FY2016.

Table 2. Energy and Water Development Appropriations,

FY2008 to FY2016

(budget authority in billions of current dollars)

FY2008

FY2009

FY2010

FY2011

FY2012

FY2013

FY2014

FY2015

FY2016

30.9

40.5a

33.4

31.7

34.4b

36.0c

34.1

34.8

37.3

Source: Compiled by CRS.

Notes: Figures 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.

7

DOE, “Water Energy Tech Team,” undated website, http://www.energy.gov/water-energy-tech-team.

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Description of Major Energy and Water Programs

The annual Energy and Water Development Appropriations bill includes four titles: Title I—

Corps of Engineers—Civil; Title II—Department of the Interior (Central Utah Project and Bureau

of Reclamation); Title III—Department of Energy; and Title IV—Independent Agencies, as

shown in Table 3. Major programs in the bill are described in this section in the approximate

order they appear in the bill. Funding details for many of these programs are provided in separate

CRS reports as indicated.

Table 3. Energy and Water Development Appropriations Summary

(budget authority in millions of current dollars)

FY2014

Approp.

FY2015

Approp.

FY2016

Request

FY2016

House

FY2016

S.Com

FY2016

omnibus

Title I: Corps of

Engineers

5,468

5,455

4,732

5,640

5,372

5,989

Title II: CUP and

Reclamation

1,113

1,140

1,106

1,107

1,144

1,275

Title III: Department of

Energy

27,355

28,153

30,528

28,968

29,302

29,744

Title IV: Independent

Agencies

265

269

281

298

301

342

34,200

35,045

36,647

36,015

36,119

37,350

-74

-265

-611

-613

-751

-27

34,126

34,780

36,036

35,402

35,368

37,323b

Title

Subtotal

Rescissions and

Scorekeeping

Adjustmentsa

E&W Total

Source: Administration budget requests, H.Rept. 113-486, S.Rept. 114-54, Congressional Budget Office, H.R.

2029 explanatory statement, https://www.congress.gov/crec/2015/12/17/CREC-2015-12-17-bk2.pdf.

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

enforcement purposes. These scorekeeping adjustments may include offsetting revenues from various

sources and rescissions.

b. The grand total in the Explanatory Statement includes $26.9 million in rescissions but excludes $111.1

million in additional scorekeeping adjustments that would reduce the grand total to $37.185 billion, the

subcommittee allocation shown in S.Rept. 114-197. See Senate Committee on Appropriations, Comparative

Statement of New Budget Authority FY2016, January 12, 2016, p. 11.

Corps of Engineers

The U.S. Army Corps of Engineers is an agency in the Department of Defense with both military

and civilian responsibilities. Under its civil works program, which is funded by the Energy and

Water Appropriations bill, the Corps plans, builds, operates, and maintains a wide range of water

resources facilities. Corps appropriations are generally authorized in water resources development

acts. Most recently, Congress enacted a new water resources development act in June 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.8

8

For detailed background on the WRRDA 2014 legislation, see CRS Report R43298, Water Resources Reform and

(continued...)

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Corps funding is part of the ongoing 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.9 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

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.10

For more information, see CRS In Focus IF10176, Army Corps of Engineers: FY2016

Appropriations, by (name redacted) .

Table 4. Army Corps of Engineers

(budget authority in millions of current dollars)

Program

FY2014

Approp.

FY2015

Approp.

FY2016

Request

FY2016

House

FY2016

S.Com.

FY2016

omnibus

Investigations

and Planning

125.0

122.0

97.0

113.5

109.0

121.0

Construction

1,656.0

1,639.5

1,172.0

1,635.0

1,641.0

1,862.3

Mississippi

River and

Tributaries

(MR&T)

307.0

302.0

225.0

275.0

330.0

345.0

2,861.0

2,908.5

2,710.0

3,094.3

2.909.0

3,137.0

Regulatory

200.0

200.0

205.0

199.6

200.0

200.0

General

Expenses

182.0

178.0

180.0

179.0

178.0

179.0

FUSRAPa

103.5

101.5

104.0

104.0

101.5

112.0

Operation and

Maintenance

(O&M)

(...continued)

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

9

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.

10

In recent years, Congress has provided the Corps funding above the President’s request in appropriations legislation

and provided guidance to the agency on how to distribute the additional funding for several broad categories of projects

in accompanying reports or explanatory text. Generally, Congress has 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 are available at http://www.usace.army.mil/Missions/CivilWorks/

Budget.aspx.

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FY2014

Approp.

FY2015

Approp.

FY2016

Request

FY2016

House

FY2016

S.Com.

FY2016

omnibus

Flood Control

and Coastal

Emergencies

(FC&CE)

28.0

28.0

34.0

34.0

28.0

28.0

Office of the

Asst.

Secretary of

the Army

5.0

3.0

5.0

4.8

3.0

4.8

Program

Rescission

Total Title I

-28.0

5,467.5

5,454.5

-128.0

4,732.0

5,639.1

5,371.5

5,989

Source: FY2016 budget request and Work Plans for FY2013, FY2014, and FY2015; S.Rept. 114-54; P.L. 113-2;

H.R. 2029 explanatory statement.

a. Formerly Utilized Sites Remedial Action Program.

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. While 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 for farming and ranching.

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, 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.11 Reclamation also typically requests funds in a

number of smaller accounts, and has proposed additional accounts in recent years. Congress has

provided Reclamation additional appropriations in recent years to address drought conditions in

the West, including $50 million in additional funding for Western Drought Response in FY2015.

11

The Water and Related Resources Account is largely funded by the Reclamation Fund, which receives and

distributes receipts related to a number of federal activities (including royalties received from oil and gas leasing on

federal lands). For more on this fund and financing of selected Reclamation Projects, see CRS Report R41844, The

Reclamation Fund: A Primer, by (name redacted) .

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Implementation and oversight of the Central Utah Project (CUP) is conducted by a separate office

from Reclamation within the Department of the Interior. The Administration has proposed for

several years to shift those responsibilities to Reclamation.

For more information, see CRS In Focus IF10175, Bureau of Reclamation: FY2016

Appropriations, by (name redacted) .

Table 5. Bureau of Reclamation

(budget authority in millions of current dollars)

FY2013

Approp.

FY2014

Approp.

FY2015

Approp.

FY2016

Request

FY2016

House

FY2016

S.Com.

FY2016

omnibus

Water and Related

Resources

848.2

954.1

978.1

805.2

950.7

988.1

1,119,0

Policy and Administration

56.9

60.0

58.5

59.5

59.5

58.5

59.5

CVP Restoration Fund

(CVPRF)

50.4

53.3

57.0

49.5

49.5

49.5

49.5

Calif. Bay-Delta (CALFED)

37.6

37.0

37.0

37.0

37.0

37.0

37.0

San Joaquin Restoration

Funda

-

-

-

35.0

0

0

0

Indian Water Rights

Settlementa

-

-

-

112.5

0

0

0

Rescission

0

0

-.5

0

0

0

0

Gross Current

Reclamation Authority

993.0

1,104.4

1,130.1

1,098.7

1,096.7

1,133.2

1,265.0

Central Utah Project

(CUP) Completion

21.0

8.7

9.9

7.3

9.9

9.9

10.0

1,014.0

1,113.1

1,140.0

1,106.0

1,106.5

1,143.0

1,275.0

Program

Total, Title II Current

Authority (CUP and

Reclamation)

Source: FY2016 budget request, H.R. 83 Explanatory Statement, S.Rept. 114-54, H.R. 2029 explanatory

statement.

Notes: Totals may not add due to rounding. CVP: Central Valley Project.

a. 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. The FY2016 request shows FY2015 appropriations under these categories for comparability.

Department of Energy

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

DOE activities include research and development (R&D) on renewable energy, energy efficiency,

nuclear power, and fossil energy, the Strategic Petroleum Reserve, energy statistics, general

science, environmental cleanup, and nuclear weapons and nonproliferation programs. Table 6

provides the recent funding history for DOE programs, which are briefly described further below.

DOE’s full budget justifications are available at http://energy.gov/cfo/reports/budget-justificationsupporting-documents.

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Table 6. Department of Energy

(budget authority in millions of current dollars)

FY2014

Approp.

FY2015

Approp.

FY2016

Request

FY2016

House

FY2016

S.Com.

FY2016

omnibus

Energy Efficiency and Renewable

Energy

1,901.7

1,923.9

2,723.0

1,668.8

1,950.0

2,073.0

Electricity Delivery and Energy

Reliability

147.3

147.0

270.1

187.5

152.3

206.0

Nuclear Energy

888.4

833.4

907.6

936.2

950.2

986.2

Fossil Energy R&D

561.9

571.0

560.0

605.0

610.0

632.0

Naval Petroleum and Oil Shale

Reserves

20.0

20.0

17.5

17.5

17.5

17.5

Elk Hills School Lands Fund

0

15.6

0

0

0

0

Strategic Petroleum Reserve

189.4

200.0

257.0

212.0

200.0

212.0

Northeast Home Heating Oil

Reserve

8.0

1.6

7.6

7.6

7.6

7.6

Energy Information Administration

117.0

117.0

131.0

117.0

122.0

122.0

Non-Defense Environmental

Cleanup

231.8

246.0

220.2

229.2

244.0

255.0

Uranium Enrichment

Decontamination and

Decommissioning Fund

598.6

625.0

542.3

625.0

614.0

673.7

5,066.4

5,067.7

5,339.8

5,100.0

5,143.9

5,350.2

280.0

280.0

325.0

280.0

291.0

291.0

0

0

0

150.0

0

0

Departmental Admin. (net)

126.4

126.0

153.5

74.0

131.0

131.0

Office of Inspector General

42.1

40.5

46.4

46.4

46.4

46.4

0

0

20.0

0

0

0

Advanced Technology Vehicles

Manufacturing Loans

6.0

4.0

6.0

6.0

6.0

6.0

Title 17 Loan Guarantee

20.0

17.0

17.0

17.0

17.0

17,0

Tribal Indian Energy Loan Guarantee

0

0

11.0

0

0

0

Rescission (Clean Coal Technology)

0

-6.6

0

0

0

0

TOTAL, ENERGY PROGRAMS

10,205.0

10,232,7

11,555.0

10,279.2

10,502.8

11,026.6

Weapons Activities

7,781.0

8,186.7a

8,846.9

8,713.0

8,882.4

8,846.9

Nuclear Nonproliferation

1,954.0

1,616.6

1,940.3

1.907.6

1,705.9

1,940.3

Naval Reactors

1,095.0

1.234.0

1,375.5

1,322.8

1,300.0

1,375.5

Program

ENERGY PROGRAMS

Science

Advanced Research Projects AgencyEnergy (ARPA-E)

Nuclear Waste Disposal

Office of Indian Energy

DEFENSE ACTIVITIES

National Nuclear Security

Administration (NNSA)

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FY2014

Approp.

FY2015

Approp.

FY2016

Request

FY2016

House

FY2016

S.Com.

FY2016

omnibus

377.0

369.6

402.7

385.5

375.0

363.8

11,207.0

11,407.3

12,565.4

12,328.9

12,263.3

12,526.5

5,000.0

5,000.0

5,055.6

5,055.6

5,180.0

5,289.7

0

463.0

471.8b

471.8

614.0

0

755.0

754.0

774.4

767.6

764.0

776.4

16,962.0

17,624.3

18,867.2

18,623.8

18,821.3

18,592.7

Southeastern

0

0

0

0

0

0

Southwestern

11.9

11.4

11.4

11.4

11.4

11.4

Western

95.9

93.4

93.4

93.4

93.4

93.4

Falcon and Amistad O&M

0.4

0.2

0.2

0.2

0.2

0.2

Colorado River Basins Fund

-23.0

TOTAL, PMAs

85.2

105.0

105.0

105.0

105.0

105.0

Subtotal, DOE

27,251

28,152.9

30,527.2

29,018.4

29,429.2

29,744.2

-26.2

-236.1

0

-51.2

-125.9

-26.9

27,225

27,916.8

30,527.2

28,967.2

29,303.2

29,717.3

Program

Office of Admin./Salaries and

Expenses

Total, NNSA

Defense Environmental Cleanup

Defense Uranium Enrichment D&D

Other Defense Activities

TOTAL, DEFENSE

ACTIVITIES

POWER MARKETING

ADMINISTRATION (PMAs)

Offsets

Total, DOE

Source: H.R. 83 Explanatory Statement, FY2015 budget request, H.Rept. 113-486, S.Rept. 114-54,

Congressional Budget Office, H.R. 2029 explanatory statement. Totals may not add due to rounding.

a. This is the level as enacted in the FY2015 appropriations bill. NNSA proposed to change its budget

structure for FY2016, such as transferring Nuclear Counterterrorism Incident Response from Weapons

Activities to Defense Nuclear Nonproliferation. The FY2015 Weapons Activities figure comparable to the

FY2016 figure is $8,007.7 million.

b. Budget request proposed creating a new line item.

Energy Efficiency and Renewable Energy

President Obama has declared energy efficiency and renewable energy (EERE) 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.” Congress has not supported most of the President’s proposed annual funding increases,

although a boost of about $150 million was approved for FY2016.

The Sustainable Transportation program area includes hydrogen and fuel cell technologies,

bioenergy, and vehicle technology. DOE’s electric vehicle program is driven by the 10-year EVEverywhere Challenge (launched in 2012), which aims to achieve parity for plug-in electric

vehicle (EV) affordability and convenience by 2022. A key supporting technology goal is to cut

battery production cost from $300/kilowatt-hour (kwh) of battery capacity in 2014 to $125/kwh

by 2022. 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 gallon-

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equivalent (gge) by 2020. Bioenergy goals include the development of “drop-in” liquid fuels that

would be largely compatible with existing energy infrastructure. 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.

Renewable energy programs focus on electricity generation from solar, wind, water, and

geothermal sources. DOE’s SunShot Initiative is aimed at halving the cost of solar power to 6

cents per kwh to make solar power cost-competitive without subsidies by 2020. 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 drop from 8 cents to 5.7 cents/kwh by 2020 and 4.2 cents/kwh by

2030. Second, for offshore settings, the goal is to cut energy costs 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. The geothermal 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.

In the energy efficiency program area, the advanced manufacturing program has a general goal of

reducing the energy use of manufactured goods across targeted product life-cycles 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 of combined heat and power equipment by

2020.12 The building technologies program has a goal of reducing building energy use 50% by

2030. The program strategy is designed with three linked paths: Improve building components

(envelope/windows, heating/ventilation/air conditioning, lighting, and sensors/controls),

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

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

The EERE program also provides grants to fund energy efficiency improvements and energy

planning. Weatherization grants support state and local governments in providing home energy

services to low-income families that help them reduce energy costs and save money. State energy

grants support both administrative and program activities at many state energy offices.

Electricity Delivery and Energy Reliability

The DOE Office of Electricity Delivery and Energy Reliability (OE) has the mission of

supporting more economically competitive, environmentally responsible, secure, and resilient

U.S. energy infrastructure. To achieve that mission, OE supports electric grid modernization and

resiliency through research and development (R&D), demonstration projects, 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’s 2015 Grid Modernization Multi-Year Program Plan describes the Department’s vision for

“a future electric grid that provides a critical platform for U.S. prosperity, competitiveness, and

innovation by delivering reliable, affordable, and clean electricity to consumers where they want

it, when they want it, how they want it.” To help achieve this vision, DOE has established three

key national goals:

12

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

pdfs/budget/manufacturing_ataglance_2014.pdf.

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10% reduction in the economic costs of power outages by 2025;

33% decrease in the cost of reserve margins while maintaining reliability by

2025; and

50% decrease in the net integration costs of distributed energy resources by

2025.13

For more details, see CRS Report R44357, DOE’s Office of Electricity Delivery and Energy

Reliability (OE): A Primer, with Appropriations for FY2016, by (name redacted)

.

Nuclear Energy

DOE’s nuclear energy program has four major stated goals:

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.

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. Advanced reactor research focuses on “Generation IV” reactors, as opposed to the

existing fleet of commercial light water reactors, which are generally classified as generations II

and III. Nuclear technology development under this program focuses on “fast reactors,” using

high-energy neutrons, fluoride salt-cooled high-temperature reactors, and high temperature gascooled reactors. Cost-shared research with the nuclear industry is also conducted 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). This subprogram is also

conducting research to understand the Fukushima disaster and to develop accident prevention and

mitigation measures.

The nuclear energy program also provides design and licensing funding for small modular

reactors (SMRs), which range from about 40 to 300 megawatts of electrical capacity. Support

under this subprogram is currently being provided to the NuScale Power SMR, which has a

generating capacity of 50 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.14

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 DOE. 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. Within this

subprogram, DOE is also conducting work toward establishing a new spent fuel management

system, consistent with the Administration’s moves to terminate the previously authorized waste

repository program at Yucca Mountain in Nevada. Other major research areas in the Fuel Cycle

13

DOE, Grid Modernization Multi-Year Program Plan, November 2015, http://energy.gov/sites/prod/files/2016/01/f28/

Grid%20Modernization%20Multi-Year%20Program%20Plan.pdf.

14

DOE Office of Nuclear Energy, “Small Modular Nuclear Reactors,” http://www.energy.gov/ne/nuclear-reactortechnologies/small-modular-nuclear-reactors.

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R&D program include the development of accident-tolerant 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.

Fossil Energy Research and Development

DOE’s Fossil Energy R&D Program focuses primarily on carbon capture and storage for coalfired power systems. Major activities include the following:

Carbon Capture subprogram for separating CO2 in both pre-combustion and postcombustion systems;

Carbon Storage subprogram on long-term geologic storage of CO2, including

small- and large-scale CO2 injection tests;

Advanced Energy Systems subprogram on improving availability and efficiency

of fossil energy systems integrated with CO2 capture. The sub-program focuses

on gasification, oxy-combustion, advanced turbines, and other energy systems.

Cross-Cutting Research on innovative systems;

Supercritical Transformational Electric Power (STEP) Generation Program,

developing technology to replace the conventional steam cycle in electric

turbine-generators with supercritical carbon dioxide; and

Natural Gas Technologies R&D, with a focus on environmentally sound

technologies for shale gas development.

Strategic Petroleum Reserve

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

(P.L. 94-163) in 1975, consists of caverns built within 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 capacity reached 727 million barrels.15 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. DOE has been conducting a major

maintenance program to address aging infrastructure and a deferred maintenance backlog at SPR

facilities.

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 supply curtailment. The

U.S. sale of 30.6 million barrels reduced the SPR inventory to 695.9 million barrels.

15

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).

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In March 2014, DOE’s Office of Petroleum Reserves conducted a test sale that delivered 5.0

million 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).

Science

The DOE Office of Science conducts basic research in six program areas: advanced scientific

computing research, basic energy sciences, biological and environmental research, fusion energy

sciences, high-energy physics, and nuclear physics. 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.

DOE’s Advanced Scientific Computing Research (ASCR) program focuses on developing and

maintaining computing and networking capabilities for science and research in applied

mathematics, computer science, and advanced networking. The program plays a key role in the

DOE-wide effort to advance the development of exascale computing, which seeks to build a

computer that can solve scientific problems a thousand times faster than today’s best machines.

DOE leadership asserts that the department is on a path to have a capable exascale machine by

the early 2020s.

Basic Energy Sciences (BES), the largest program area in the Office of Science, focuses on

understanding, predicting, and ultimately controlling matter and energy at the electronic, atomic,

and molecular level. The program supports research in disciplines such as condensed matter and

materials physics, chemistry, and geosciences. BES also provides funding for scientific user

facilities (e.g., the National Synchrotron Light Source II, which began transitioning from

construction to operation in FY2015, and the Linac Coherent Light Source-II), and certain DOE

research centers and hubs (e.g., Energy Frontier Research Centers, as well as the Batteries and

Energy Storage and Fuels from Sunlight Innovation Hubs).

Biological and Environmental Research (BER) seeks a predictive understanding of complex

biological, climate, and environmental systems across a continuum from the small scale (e.g.,

genomic research) to the large (e.g., Earth systems and climate). Within BER, Biological Systems

Science focuses on plant and microbial systems, while Biological and Environmental Research

supports climate-relevant atmospheric and ecosystem modeling and research. BER facilities and

centers include three Bioenergy Research Centers and the Environmental Molecular Science

Laboratory at Pacific Northwest National Laboratory.

Fusion Energy Sciences (FES) seeks to increase understanding of the behavior of matter at very

high temperatures and to establish the science needed to develop a fusion energy source. FES

provides funding for the ITER project, a multi-national effort to design and build an experimental

fusion reactor. 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.”

However, many U.S. analysts have expressed concern about ITER’s cost, schedule, and

management, as well as the budgetary impact on domestic fusion research.

The High Energy Physics (HEP) program conducts research on the fundamental constituents of

matter and energy, including studies of dark energy and the search for dark matter. The FY2016

HEP budget request sought to align the program with the recommendations of the Particle

Physics Project Prioritization Panel (P5) report. Nuclear Physics supports research on the nature

of matter, including its basic constituents and their interactions. A major project in the Nuclear

Physics program is the construction of the Facility for Rare Isotope Beams at Michigan State

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University. Nearing completion is the Continuous Electron Beam Accelerator Facility Upgrade

project.16

For more details, see CRS Report R43963, DOE’s Office of Science and the FY2016 Budget

Request, by (name redacted)

.

ARPA-E

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.

For more details, see CRS Report R43986, ARPA-E and the FY2016 Budget Request, by (name re

dacted)

.

Loan Guarantees and Direct Loans

DOE’s Loan Programs Office provides loan guarantees for projects that deploy specified energy

technologies, as authorized by Title XVII of the Energy Policy Act of 2005 (EPACT05, P.L. 10958), and direct loans for advanced vehicle manufacturing technologies. Section 1703 of the act

authorizes loan guarantees for advanced energy technologies that reduce greenhouse gas releases,

and Section 1705 established a temporary program for renewable energy and energy efficiency

projects.

Title XVII allows DOE to provide loan guarantees for up to 80% of construction costs for eligible

energy projects. Successful applicants must pay an up-front fee, or “subsidy cost,” to cover

potential losses under the loan guarantee program. Under the loan guarantee agreements, the

federal government would repay all covered loans if the borrower defaulted. This would reduce

the risk to lenders and allow them to provide financing at below-market interest rates. The

following is a summary of loan guarantee amounts available for various technologies:

$8.3 billion for non-nuclear technologies under Section 1703;

$2 billion for unspecified projects from FY2007 under Section 1703;

$18.5 billion ceiling for nuclear power plants ($8.3 billion committed);

$4 billion allocated for loan guarantees for uranium enrichment plants;

$1.183 billion ceiling for renewable energy and energy efficiency projects under

Section 1703, in addition to other ceiling amounts, which can include

applications that were pending under Section 1705 before it expired; and

An appropriation of $170 million for subsidy costs for renewable energy and

energy efficiency loan guarantees under Section 1703. If the subsidy costs

averaged 10% of the loan guarantees, this funding could leverage loan guarantees

totaling $1.7 billion.

Nuclear Weapons Stockpile Stewardship

Congress established the Stockpile Stewardship Program in the FY1994 National Defense

Authorization Act (P.L. 103-160). The goal of the program, as amended by the FY2010 National

16

DOE, FY2016 Budget Justification, Volume 4, http://www.energy.gov/cfo/downloads/fy-2016-budget-justification.

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Defense Authorization Act (P.L. 111-84, §3111), is to ensure “that the nuclear weapons stockpile

is safe, secure, and reliable without the use of underground nuclear weapons testing.” The

program is operated by the National Nuclear Security Administration (NNSA), a semiautonomous

agency within DOE that Congress established in the FY2000 National Defense Authorization Act

(P.L. 106-65, Title XXXII).

Stockpile stewardship consists of all activities in NNSA’s Weapons Activities account. Most

stewardship activities take place at the nuclear weapons complex (the “complex”), which consists

of three laboratories (Los Alamos National Laboratory, NM; Lawrence Livermore National

Laboratory, CA; and Sandia National Laboratories, NM and CA); four production sites (Kansas

City National Security Campus, MO; Pantex Plant, TX; Savannah River Site, SC; and Y-12

National Security Complex, TN); and the Nevada National Security Site (formerly Nevada Test

Site). NNSA manages and sets policy for the complex; contractors to NNSA operate the eight

sites.

Directed Stockpile Work involves work directly on nuclear weapons in the stockpile, such as

monitoring their condition; maintaining them through repairs, refurbishment, life extension, and

modifications; conducting R&D in support of specific warheads; and dismantlement. The number

of warheads has fallen sharply since the end of the Cold War, and continues to decline. As a

result, a major activity of Directed Stockpile Work is interim storage of warheads to be

dismantled; dismantlement; and disposition (i.e., storing or eliminating warhead components and

materials).

Campaigns are “multi-year, multi-functional efforts” that “provide specialized scientific

knowledge and technical support to the directed stockpile work on the nuclear weapons

stockpile.” Many campaigns have significance for policy decisions. For example, the Science

Campaign’s goals include improving the ability to assess warhead performance without nuclear

testing, improving readiness to conduct nuclear tests should the need arise, and maintaining the

scientific infrastructure of the nuclear weapons laboratories. Campaigns also fund some large

experimental facilities, such as the National Ignition Facility at Lawrence Livermore National

Laboratory. Note that P.L. 113-235 renamed “Campaigns” as “Research, Development, Test, and

Evaluation.”

Infrastructure and Operations (formerly Readiness in Technical Base and Facilities) has as its

main funding elements material recycle and recovery, recapitalization of facilities, and

construction of facilities. The latter included two controversial and expensive projects, the

Uranium Processing Facility (UPF) at the Y-12 National Security Complex (TN) and the

Chemistry and Metallurgy Research Replacement (CMRR) Project, which deals with plutonium,

at Los Alamos National Laboratory (NM).

Weapons Activities also has several smaller programs, including the following:

Secure Transportation Asset, providing for safe and secure transport of nuclear

weapons, components, and materials.

Site Stewardship seeks to “bring focus on environmental compliance, nuclear

materials disposition and developing the needed skills and talent for NNSA’s

enduring technical workforce at the laboratories and production plants.”

Defense Nuclear Security provides operations, maintenance, and construction

funds for protective forces, physical security systems, personnel security, and

related activities.

Information Technology and Cybersecurity elements include cybersecurity,

enterprise secure computing, and Federal Unclassified Information Technology.

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Legacy Contractor Pensions provides supplemental funds for pensions for

retirees from Los Alamos and Lawrence Livermore National Laboratories who

began employment when the University of California was the contractor for

those labs.

For more information, see CRS Report R43948, Energy and Water Development: FY2016

Appropriations for Nuclear Weapons Stockpile Stewardship, by (name redacted)

.

Defense Nuclear Nonproliferation

DOE’s nonproliferation and national security programs provide technical capabilities to support

U.S. efforts to prevent, detect, and counter the spread of nuclear weapons worldwide. These

nonproliferation and national security programs are administered by NNSA’s Office of Defense

Nuclear Nonproliferation, which was reorganized in 2015.

Global Materials Security has two major program elements. The “First Line of Defense” focuses

on increasing the security of vulnerable stockpiles of nuclear material in other countries. The

“Second Line of Defense” is intended to “improve partner countries’ abilities to deter, detect, and

interdict illicit trafficking,” according to DOE’s FY2016 budget justification. Activities toward

achieving those goals include the provision of equipment and training, workshops and exercises,

and collaboration with international organizations.

Materials Management and Minimization conducts activities to minimize and, where possible,

eliminate stockpiles of weapons-useable material around the world. Major activities include

conversion of reactors that use highly enriched uranium (useable for weapons) to low enriched

uranium, removal and consolidation of nuclear material stockpiles, and disposition of excess

nuclear materials.

Nonproliferation and Arms Control works on “strengthening the nonproliferation and arms

control regimes in order to reduce proliferation and terrorism risks,” according to the FY2016

justification. This program conducts reviews of nuclear export applications and technology

transfer authorizations, implements treaty obligations, and analyzes nonproliferation policies and

proposals.

Other programs under Defense Nuclear Nonproliferation include research and development and

construction. The Nonproliferation Construction program consists of the Mixed Oxide (MOX)

Fuel Fabrication Facility (described under “Funding Issues” above), which is being built in South

Carolina to convert surplus weapons plutonium into nuclear reactor fuel.

DOE also proposed for FY2016 to transfer counterterrorism and counterproliferation programs

from the Weapons Activities appropriations account to Defense Nuclear Nonproliferation.

According to the budget justification, “These transfers align all NNSA funding to prevent,

counter, and respond to nuclear proliferation and terrorism in one appropriation.” The change was

approved in the P.L. 114-113 explanatory statement.

Cleanup of Former Nuclear Sites

The development and production of nuclear weapons for national defense purposes during half a

century since the beginning of the Manhattan Project resulted in a legacy of wastes and

contamination that continues to present substantial challenges today. In 1989, DOE established

the Office of Environmental Management primarily to consolidate its responsibilities for the

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Energy and Water Development: FY2016 Appropriations

cleanup of former nuclear weapons production sites that had been administered under multiple

offices.17

DOE’s nuclear cleanup efforts are broad in scope and include the disposal of large quantities of

radioactive and other hazardous wastes generated over decades; management and disposal of

surplus nuclear materials; remediation of extensive contamination in soil and groundwater;

decontamination and decommissioning of excess buildings and facilities; and safeguarding,

securing, and maintaining facilities while cleanup is underway.18 The Office of Environmental

Management also is responsible for the cleanup of DOE sites that were involved in civilian

nuclear energy research, which also generated wastes and contamination. These research sites add

a non-defense component to the office’s mission, albeit smaller in terms of the scope of their

cleanup and associated funding.19

DOE has identified more than 100 “geographic” sites in over 30 states that historically were

involved in the production of nuclear weapons and nuclear energy research for civilian

purposes.20 The geographic scope of these sites is substantial, collectively encompassing a land

area of approximately 2 million acres. Cleanup remedies are in place and operational at the

majority of these sites. The responsibility for the long-term stewardship of these sites has been

transferred to the Office of Legacy Management and other offices within DOE for the operation

and maintenance of cleanup remedies and monitoring.21 Some of the smaller sites for which DOE

initially was responsible were transferred to the Army Corps of Engineers in 1997 under the

Formerly Utilized Sites Remedial Action Program (FUSRAP). Once the Corps completes the

cleanup of a FUSRAP site, it is transferred back to DOE for long-term stewardship under the

Office of Legacy Management.

Much work remains to be done at the sites that are still administered by the Office of

Environmental Management. DOE expects cleanup to continue for several years or even decades

at some of these sites, and estimates additional cumulative funding needs ranging from $191.6

billion to $224.3 billion over the long-term to fulfill the cleanup liability of the United States.22

The Office of Environmental Management has completed the cleanup of 91 sites in 30 states and

the Commonwealth of Puerto Rico, and plans to continue the cleanup of 16 sites in 11 states in

FY2016.23

17

In 1989, DOE created the Office of Environmental Restoration and Waste Management, which later was renamed the

Office of Environmental Management.

18

The term “cleanup” often is used in reference to the remediation of risks at a site. Cleanup may be accomplished

through various means to prevent potentially harmful levels of exposure to wastes and contamination. Cleanup may not

necessarily entail the removal of all hazards from a site, but in some instances may involve the permanent containment

of wastes or contamination to address exposure risks. If residual wastes or contamination remains on-site after cleanup

is complete, long-term stewardship may continue to monitor residual wastes or contamination and ensure that cleanup

measures continue to operate effectively.

19

For additional information on the history, mission, and scope of the Office of Environmental Management, see

DOE’s website: http://energy.gov/em/office-environmental-management.

20

For an interactive map and listing of each site, see DOE’s Office of Environmental Management website,

http://energy.gov/em/cleanup-sites. There are links to separate maps for active and completed sites.

21

The Office of Legacy Management administers the long-term stewardship of DOE sites that do not have a continuing

mission once cleanup remedies are in place. Sites that have a continuing mission are transferred to the DOE offices that

administer those missions, which are responsible for their long-term stewardship.

22

Department of Energy, Office of Chief Financial Officer, FY2016 Congressional Budget Request, February 2015,

Volume 5, Environmental Management, p. 89.

23

Department of Energy, Office of Chief Financial Officer, FY2016 Congressional Budget Request, February 2015,

Volume 5, Environmental Management, p. 5. See p. 90 for a list of the 16 sites where cleanup is planned to continue in

(continued...)

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Three appropriations accounts fund the Office of Environmental Management. The Defense

Environmental Cleanup account is the largest in terms of funding, and it finances the cleanup of

former nuclear weapons production sites. The Non-Defense Environmental Cleanup account

funds the cleanup of federal nuclear energy research sites. Title XI of the Energy Policy Act of

1992 (P.L. 102-486) established the Uranium Enrichment Decontamination and

Decommissioning (D&D) Fund to pay for the cleanup of three federal facilities that enriched

uranium for national defense and civilian purposes.24 Title X of P.L. 102-486 also authorized the

reimbursement of uranium and thorium licensees for their costs of cleaning up contamination at

sites that processed nuclear materials for national defense purposes at these federal facilities.25

The three federal uranium enrichment facilities are located near Paducah, KY; Piketon, OH

(Portsmouth plant); and Oak Ridge, TN.

The adequacy of funding for the Office of Environmental Management to attain cleanup

milestones across the entire site inventory has been a recurring issue. Cleanup milestones are

enforceable measures incorporated into compliance agreements negotiated among DOE, EPA,

and the states. These milestones establish time frames for the completion of specific actions to

satisfy applicable requirements at individual sites.26

Power Marketing Administrations

DOE’s four Power Marketing Administrations (PMAs)—Bonneville Power Administration

(BPA), Southeastern Power Administration (SEPA), Southwestern Power Administration

(SWPA), and Western Area Power Administration (WAPA)—were established to sell the power

generated by the dams operated by the Bureau of Reclamation and the Army Corps of

Engineers.27 The primary purpose of these projects in many cases was conservation and

management of water resources—including irrigation, flood control, recreation, or other

objectives. (For more information, see CRS Report RS22564, Power Marketing Administrations:

Background and Current Issues, by (name redacted)

.)

Title IV: Independent Agencies

Independent agencies that receive funding from the Energy and Water Development bill include

the Nuclear Regulatory Commission (NRC), the Appalachian Regional Commission (ARC), and

the Denali Commission. Their recent appropriations history is shown in Table 7.

Nuclear Regulatory Commission

Congress for the first time included control points within the overall NRC appropriation in

enacting P.L. 114-113 and also reduced the agency’s total spending level by $12 million from

FY2015. The Explanatory Statement for the omnibus measure provides $760.0 million for

(...continued)

FY2016. One of these 16 sites, the Waste Isolation Pilot Plant in New Mexico, is not a cleanup site itself, but is a

permanent, geologic repository for “transuranic” wastes that are removed from other DOE sites for disposal.

24

42 U.S.C. §2297g.

25

42 U.S.C. §2296a.

26

Compliance agreements for individual sites are available on DOE’s Office of Environmental Management website:

http://energy.gov/em/compliance-documents.

27

Net funding for the Western Area Power Administration includes the Colorado River Basins Power Marketing Fund.

Congressional Research Service

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Energy and Water Development: FY2016 Appropriations

Nuclear Reactor Safety, $15.0 million for Integrated University Programs, $172.0 million for

Nuclear Materials and Waste Safety, and $43.0 million for Decommissioning and Low-Level

Waste. The largest three control points include specific limits on the amount that can be used for

“corporate support.” Sec. 402 of the omnibus measure establishes new reprogramming authority

in conjunction with the control points. Also included in the Explanatory Statement is a

requirement that NRC staff receive approval from the NRC commissioners before committing

resources to new rulemaking activities.

Table 7. Independent Agencies Funded by Energy and Water Development

Appropriations

(budget authority in millions of current dollars)

FY2014

Approp.

FY2015

Approp.

FY2016

Request

FY2016

House

FY2016

S.Com.

FY2016

omnibus

Appalachian Regional Commission

80.3

90.0

95.0

95.0

105.0

146.0

Nuclear Regulatory Commission

1,055.9

1,015.3

1,032.21

1,015.3

1,002.1

1,002.1

(Revenues)

-930.7

-895.5

-910.1

-872.4

-883.0

-882.9

Net NRC (including Inspector General)

125.2

119.8

122.2

143.0

119.2

119.2

Defense Nuclear Facilities Safety Board

28.0

28.5

29.2

29.9

29.2

29.2

Nuclear Waste Technical Review Board

3.4

3.4

3.6

3.6

3.6

3.6

Denali Commission

10.0

10.0

10.0

10.0

11.0

11.0

Delta Regional Authority

12.0

12.0

14.9

12.0

25.0

25.0

Northern Border Regional Commission

5.0

5.0

5.0

3.0

7.5

7.5

Southeast Crescent Regional Commission

0.3

0.3

0

0.3

0

0.3

Federal Coordinator of Alaska Gas Projects

1.0

0

1.0

1.0

0

0

265.1

269.0

280.9

297.8

300.5

341.7

Program

Total

Source: H.R. 83 Explanatory Statement, agency budget requests, H.Rept. 113-486, S.Rept. 114-54, CBO, H.R.

2029 explanatory statement.

Note: Figures may not add due to rounding.

Congressional Hearings

The following hearings were held by the Energy and Water Development subcommittees of the

House and Senate Appropriations Committees on the FY2016 budget request. Testimony and

opening statements are posted on most of the web pages cited for each hearing, along with

webcasts in many cases.

House

Army Corps of Engineers, Civil Works, February 11, 2015,

http://appropriations.house.gov/calendararchive/eventsingle.aspx?EventID=

393968.

Bureau of Reclamation, February 12, 2015, http://appropriations.house.gov/

calendararchive/eventsingle.aspx?EventID=393969.

Department of Energy, February 26, 2015, http://appropriations.house.gov/

calendararchive/eventsingle.aspx?EventID=393992.

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Energy and Water Development: FY2016 Appropriations

Department of Energy, National Nuclear Security Administration, Weapons

Activities, March 4, 2015, http://appropriations.house.gov/calendararchive/

eventsingle.aspx?EventID=394016.

Department of Energy, Applied Energy Programs, March 17, 2015,

http://appropriations.house.gov/calendararchive/eventsingle.aspx?EventID=

394035.

Department of Energy, Office of Science, March 17, 2015,

http://appropriations.house.gov/calendararchive/eventsingle.aspx?EventID=

394041.

Department of Energy, Environmental Management, March 18, 2015,

http://appropriations.house.gov/calendararchive/eventsingle.aspx?EventID=

394044.

Nuclear Regulatory Commission, March 24, 2015,

http://appropriations.house.gov/calendar/eventsingle.aspx?EventID=394071.

National Nuclear Security Administration, Nuclear Nonproliferation and Naval

Reactors, March 25, 2015, http://appropriations.house.gov/calendar/

eventsingle.aspx?EventID=394081.

Senate

Army Corps of Engineers and Bureau of Reclamation, February 11, 2015,

http://www.appropriations.senate.gov/hearings-and-testimony/energy-waterdevelopment-subcommittee-fy16-army-corps-engineers-bureau.

Nuclear Regulatory Commission, March 4, 2015,

http://www.appropriations.senate.gov/hearings-and-testimony/energy-waterdevelopment-subcommittee-fy16-nuclear-regulatory-commission.

National Nuclear Security Administration, March 11, 2015,

http://www.appropriations.senate.gov/hearings-and-testimony/energy-waterdevelopment-subcommittee-fy16-national-nuclear-security.

Department of Energy, March 25, 2015, http://www.appropriations.senate.gov/event/energywater-development-subcommittee-hearing-fy16-us-department-energy-budget.

Author Contact Information

(name redacted)

Specialist in Energy Policy

r[ edacted]@crs.loc.gov

, 7-....

Congressional Research Service

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Energy and Water Development: FY2016 Appropriations

Key Policy Staff

Area of Expertise

Name

Phone

Email

General

(name redacted)

7-....

/redacted/@crs.loc.gov

Corps of Engineers

(name redacted)

Nicole Carter

7-....

7-....

/redacted/@crs.loc.gov

/redacted/@crs.loc.gov

Bureau of Reclamation

(name redacted)

Betsy Cody

7-....

7-....

/redacted/@crs.loc.gov

/redacted/@crs.loc.gov

Solar and Renewable Energy

(name redacted)

7-....

/redacted/@crs.loc.gov

Nuclear Energy

(name redacted)

7-....

/redacted/@crs.loc.gov

Science Programs

(name redacted)

7-....

/redacted/@crs.loc.gov

Nuclear Weapons Stewardship

Amy Woolf

7-....

/redacted/@crs.loc.gov

Nonproliferation

Mary Beth Nikitin

7-....

/redacted/@crs.loc.gov

DOE Environmental Management

David Bearden

7-....

/redacted/@crs.loc.gov

Power Marketing Administrations

(name redacted)

7-....

/redacted/@crs.loc.gov

Bonneville Power Administration

(name redacted)

7-....

/redacted/@crs.loc.gov

Fossil Energy Research

(name redacted)

7-....

/redacted/@crs.loc.gov

Strategic Petroleum Reserve

(name redacted)

7-....

/redacted/@crs.loc.gov

Energy Conservation

(name redacted)

7-....

/redacted/@crs.loc.gov

Congressional Research Service

24

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