Energy and Water Development: FY2008 Appropriations

Congressional research reportJan 31, 2008

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Energy and Water Development:

FY2008 Appropriations

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January 31, 2008

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RL34009

CRS Report for Congress

Prepared for Members and Committees of Congress

Energy and Water Development: FY2008 Appropriations

Summary

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

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

(BOR), the Department of Energy (DOE), and a number of independent agencies.

Key budgetary issues involving these programs include

•

the distribution of Army Corps of Engineers appropriations across the agency’s

authorized construction and maintenance activities (Title I);

•

support of major ecosystem restoration initiatives, such as Florida Everglades

(Title I) and California “Bay-Delta” (CALFED) (Title II);

•

funding for the proposed national nuclear waste repository at Yucca Mountain,

Nevada, and proposals to store nuclear spent fuel temporarily (Title III: Nuclear

Waste Disposal); and

•

the Administration’s proposed Global Nuclear Energy Partnership to supply

plutonium-based fuel to other nations (Title III: Nuclear Energy).

The FY2008 Energy and Water Development bill was enacted as Division C of the Consolidated

Appropriations Act for FY2008 (P.L. 110-161). The omnibus funding measure was passed by

Congress December 19, 2007, and signed by the President December 26, 2007. The act provides

$31.4659 billion for Energy and Water programs, about $1 billion below the FY2007

appropriation and about $500 million above the Administration’s request.

The House Appropriations Committee reported out its FY2008 Energy and Water Development

Appropriations bill, H.R. 2641 (H.Rept. 110-185), on June 6, 2007. The bill as reported did not

contain indications of funding for specific projects. On June 20 the bill was debated on the House

floor, but was not voted on pending submission by the Appropriations Committee of a supplement

specifying funding for individual projects. That supplement was voted by the committee July 12,

and the House approved the bill July 17, 2007.

The Senate Subcommittee on Energy and Water Development Appropriations approved its

version of the bill on June 26, and the full Senate Appropriations Committee approved it June 28,

2007 (S. 1751, S.Rept. 110-127).

Congressional Research Service

Energy and Water Development: FY2008 Appropriations

Contents

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

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

Overview ....................................................................................................................................1

Title I: Army Corps of Engineers.................................................................................................3

Key Policy Issues—Corps of Engineers ................................................................................3

Project Backlog and Agency Priorities.............................................................................3

Everglades ......................................................................................................................6

Hurricane Katrina Repairs and Coastal Louisiana Restoration .........................................6

Title II: Department of the Interior ..............................................................................................6

Central Utah Project and Bureau of Reclamation: Budget In Brief .........................................7

Key Policy Issues—Bureau of Reclamation...........................................................................8

Background ....................................................................................................................8

CALFED ........................................................................................................................9

Loan Guarantee Program.................................................................................................9

Security ..........................................................................................................................9

Water 2025.................................................................................................................... 10

General Provisions ........................................................................................................ 10

Title III: Department of Energy ................................................................................................. 10

Key Policy Issues—Department of Energy.......................................................................... 12

Energy Efficiency and Renewable Energy ..................................................................... 13

Electricity Delivery and Energy Reliability ................................................................... 14

Nuclear Energy ............................................................................................................. 15

Fossil Energy Research, Development, and Demonstration............................................ 20

Strategic Petroleum Reserve.......................................................................................... 22

Science ......................................................................................................................... 23

Nuclear Waste Disposal................................................................................................. 25

Loan Guarantees ........................................................................................................... 26

Nuclear Weapons Stockpile Stewardship ....................................................................... 26

Nonproliferation and National Security Programs.......................................................... 37

Environmental Management.......................................................................................... 40

Power Marketing Administrations ................................................................................. 47

Title IV: Independent Agencies.................................................................................................. 48

Key Policy Issues—Independent Agencies .......................................................................... 49

Nuclear Regulatory Commission................................................................................... 49

For Additional Reading ............................................................................................................. 50

CRS Products...................................................................................................................... 50

Tables

Table 1. Status of Energy and Water Development Appropriations, FY2008 ................................1

Table 2. Energy and Water Development Appropriations, FY2001 to FY2008 .............................2

Table 3. Energy and Water Development Appropriations Summary .............................................2

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Energy and Water Development: FY2008 Appropriations

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

Engineers .................................................................................................................................3

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

Completion Account ................................................................................................................7

Table 6. Energy and Water Development Appropriations Title II: Bureau of Reclamation ...........7

Table 7. Energy and Water Development Appropriations Title III: Department of Energy ......... 11

Table 8. Energy Efficiency and Renewable Energy Programs .................................................... 14

Table 9. Fossil Energy Research and Development Programs .................................................... 20

Table 10. Energy Policy Act of 2005 Title IV Authorization....................................................... 22

Table 11. Funding for Weapons Activities.................................................................................. 27

Table 12. NNSA Future Years Nuclear Security Program........................................................... 27

Table 13. DOE Defense Nuclear Nonproliferation Programs ..................................................... 38

Table 14. Environmental Management Program Appropriations ................................................ 43

Table 15. Office of Legacy Management Appropriations ........................................................... 47

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

Agencies ................................................................................................................................ 48

Contacts

Author Contact Information ...................................................................................................... 51

Key Policy Staff........................................................................................................................ 51

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Energy and Water Development: FY2008 Appropriations

Most Recent Developments

The FY2008 Energy and Water Development bill was enacted as Division C of the Consolidated

Appropriations Act for FY2008 (P.L. 110-161). The omnibus funding measure was passed by

Congress December 19, 2007, and signed by the President December 26, 2007. The act provides

$31.4659 billion for Energy and Water programs, about $1 billion below the FY2007

appropriation and about $500 million above the Administration’s request.

The Bush Administration’s FY2008 budget request was released in February 2007. The House

Appropriations Committee reported out its FY2008 Energy and Water Development

Appropriations bill, H.R. 2641, on June 6, 2007. The bill as reported did not contain indications

of funding for specific projects. On June 20 the bill was debated on the House floor, but was not

voted on pending submission by the Appropriations Committee of a supplement specifying

funding for individual projects. That supplement was voted out by the committee July 12, and the

House approved the bill July 17, 2007.

The Senate Subcommittee on Energy and Water Development Appropriations approved its

version of the bill, S. 1751, on June 26, and the full Senate Appropriations Committee approved it

June 28.

Energy and Water Development programs were funded for FY2007 in the Revised Continuing

Appropriations Resolution, 2007 (H.J.Res. 20, P.L. 110-5). On March 16, 2007, the Department

of Energy (DOE) submitted its “operating plan” to Congress, detailing funding for individual

programs not specifically identified in P.L. 110-5.

Status

Table 1. Status of Energy and Water Development Appropriations, FY2008

Subcommittee

Markup

House

Senate

5/30/07

6/26/07

Final

Approval

House

Report

House

Passage

Senate

Report

Senate

Passage

Conf.

Report

House

Senate

H.Rept.

110-185

7/17/07

S.Rept.

110-127

None

None

12/19/07

12/18/07

Public

Law

P.L.

110-161

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 (BOR), the Department of Energy (DOE), and a number of

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

Regional Commission (ARC).

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Energy and Water Development: FY2008 Appropriations

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

FY2001 to FY2008.

Table 2. Energy and Water Development Appropriations, FY2001 to FY2008

(budget authority in billions of current dollars)

FY01

FY02

FY03

FY04

FY05

FY06

FY07

FY08

23.9

25.2

26.1

26.7

30.2a

36.7b

29.4

31.5

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

a.

For FY2005 and later, total includes DOE programs formerly funded in the Interior and Related Agencies

appropriations bill and transferred to the Energy and Water Development appropriations bill.

b.

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

Table 3 lists totals for each of the bill’s four titles. It also lists several “scorekeeping” adjustments

of accounts within the four titles, reflecting various expenditures or sources of revenue besides

appropriated funds. These adjustments affect the total amount appropriated in the bill but are not

included in the totals of the individual titles. Amounts listed in this report are derived from the

Administration’s FY2008 Congressional Budget Requests, from H.Rept. 110-185, to accompany

H.R. 2641, from the S.Rept. 110-127, to accompany S. 1751, and from the explanatory statement

for the FY2008 Consolidated Appropriations Act (H.R. 2764, P.L. 110-161).

Table 3. Energy and Water Development Appropriations Summary

($ millions)

Title

FY2007

FY2008

Request

House

Senate

Final

Title I: Corps of Engineers

$5,340.2

$4,871.0

$5,584.4

$5,448.1

$5,587.1

Title II: CUP & BOR

1,054.7

1,001.4

1,065.4

1,144.3

1,150.9

Title III: Department of Energy

24,228.2

24,762.7

25,243.1

25,896.9

24,446.6

Title IV: Independent Agencies

306.0

251.5

237.8

301.0

281.3

30,794.1

30,863.6

32,130.7

32,790.2

31,465.9

(44.0)

(51.6)

(51.6)

(51.6)

NA

Colorado River Basins, WAPA

(23.0)

(23.0)

(23.0)

(23.0)

NA

Uranium Fund

(446.0)

(463.0)

(463.0)

(463.0)

NA

Excess Fees FERC

(19.2)

(17.5)

(17.5)

(17.5)

NA

30,294.9

30,308.5

31,575.6

32,235.1

NA

E&W Subtotal

Scorekeeping Adjustments

Undistributed Pay Raise

33.0

Title II

Central Valley

Title III

E&W Total

Source: Administration FY2008 budget request; H.Rept. 110-185; S.Rept. 110-127. Consolidated

Appropriations Act, 2008, P.L. 110-161.

Note: Details may not add to totals due to rounding. Includes the across-the board rescission (Sec. 312). NA:

Not available.

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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

FY2005-FY2006.

Title I: Army Corps of Engineers

P.L. 110-161 provided $5.587 billion for the U.S. Army Corps of Engineers; it was an increase

over the Administration’s budget request of $4.871 billion and 5% above the FY2007

appropriations (not including supplemental funds) of $5.340 billion. The omnibus funding

measure rescinded a total of $4.9 million of prior appropriations for the Corps.

Funding for the Corps’ civil works program is often a contentious issue between the

Administration and Congress, with final appropriations typically providing more funding than

requested, regardless of which political party controls the White House and Congress. Generally

around 85% of the appropriations for the agency is directed to specific projects. Often Congress

will direct funding to projects not included in the Administration’s request.

Table 4. Energy and Water Development Appropriations

Title I: Army Corps of Engineers

($ millions)

FY2007

FY2008

Request

Housea

Senate

Comm.

Final

Investigations and Planning

$162.9

$90.0

$120.0

$172.1

$167.2

Construction

2,336.5

1,523.0

2,004.2

2,059.5

2,289.3

396.6

260.0

278.0

375.0

2,243.6

1,975.1

2,471.0

2,655.2

2,292.0

387.4

Regulatory

159.3

180.0

180.0

180.0

180.0

General Expenses

167.2

177.0

171.0

175.0

175.0

FUSRAPb

138.7

130.0

130.0

140.0

140.0

Flood Control and Coastal Emergencies

—

40.0

40.0

50.0

0.0

Office of the Asst. Secretary of the Army

4.0

—

6.0

4.5

4.5

5,340.2

4,871.0

5,584.4

5,448.1

5,587.1

Program

Mississippi River & Tributaries

Operation and Maintenance (O&M)

Total Title I

Sources: FY2008 Budget Request; Army Corps of Engineers Civil Works: FY2007 Work Plan (March 19, 2007);

H.Rept. 110-185; S.Rept. 110-127.

a.

These figures account for rescissions.

b.

“Formerly Utilized Sites Remedial Action Program.”

Key Policy Issues—Corps of Engineers

Project Backlog and Agency Priorities

The policy debate on how to structure the Corps’ budget and priorities is ongoing. The Corps civil

works program has been criticized by some observers as an agglomeration of projects with no

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Energy and Water Development: FY2008 Appropriations

underlying design. These observers see the Corps’ backlog of authorized activities as an example

of this lack of focus. Prior to enactment of the $23 billion authorization bill for the agency known

as the Water Resources Development Act (WRDA) in November 2007, estimates of the backlog’s

size had varied from $11 billion to more than $60 billion, depending on which projects are

included. Although some observers view the backlog as nothing more than a Corps “to do” list,

others are concerned that projects face construction delays and related cost overruns as available

appropriations are spread across an increasing portfolio of projects.

The Corps’ backlog of authorized projects and concerns about the fiscal planning and

management of the agency’s portfolio contribute to support for performance-based criteria for

structuring the agency’s budget and for concentrated appropriations on a small set of priority

projects. Others also express concerns about the agency’s fiscal planning and management, yet

reject both the use of performance-based criteria that have been proposed and the focus on 6 to 10

priority projects. These critics argue that the criteria used are too simplistic and that basing the

Corps’ budget on performance criteria does not produce an integrated multiyear program for the

agency. They also argue that the focus on priority projects has resulted in a disproportionate

amount of the agency’s budget being concentrated on a few projects, resulting in less investment

in other authorized, cost-beneficial projects and in those regions of the country that do not have

priority projects.

Performance-Based Budgeting

One way recent Administration requests have tried to address the backlog of Corps projects has

been the application of a performance-based budgeting approach for determining which projects

to include in its requests for construction and maintenance funds; the performance measures were

based on their economic and environmental returns and protection of human safety. The

construction projects selected for funding were chosen largely on their having either a high ratio

of benefits to costs, or, for environmental projects, a high cost-effectiveness. The FY2008 budget

request continued the Administration’s movement toward presenting the agency’s budget

according to “business lines” (e.g., navigation, flood control, recreation, hydropower). For

example, of the $4.871 billion budget request, $2.009 billion (41%) is for commercial navigation,

$1.384 billion (28%) is for flood and coastal storm damage reduction, and $274 million (6%) and

$110 million (2%) are for the agency’s relatively new roles in aquatic ecosystem restoration and

environmental stewardship, respectively. The agency’s regulatory responsibilities represent $180

million, 4% of the agency’s budget.

Although little of the debate about performance-based budgeting is reflected in the omnibus

report language, the earlier House and Senate reports illustrated differing opinions about how best

to manage the Corps’ budget. H.Rept. 110-185 generally supported the Administration

performance-based budgeting approach; it states: “While the Committee agrees in large part with

the prioritization of projects, it does not believe the level of funding provided by the

Administration is sufficient to meet the needs of the Nation.” In contrast, the Senate

Appropriations Committee report stated: “From the Committee’s perspective, the Corps’ budget

seems to be developed exactly in the opposite manner that it should be.” It then echoes the House

by stating “the country needs to invest more heavily in its water resources.” The Senate

Appropriations Committee report criticized the Administration’s focus on a small number of

projects, and its lack of support for projects at the different stages of development (e.g.,

planning). It also questioned the effect that focusing on a few projects would have on the ability

and interest in partnering with the Corps of the local project sponsors for the Corps’ other

authorized, but unbudgeted, projects and studies.

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Energy and Water Development: FY2008 Appropriations

Priority Projects and New Starts

To address the backlog of authorized Corps activities, the Administration’s request limited the

number of new activities started to only two planning activities and one maintenance assessment.

The President’s request would fund construction projects that could be completed in FY2008 and

six projects considered by the Administration to be priorities, similar to the President’s FY2007,

FY2006, and FY2005 requests.

Although little of the debate about new starts is reflected in the omnibus report language, the

earlier House and Senate reports illustrated differing opinions about how best to manage the

Corps’ budget. H.Rept. 110-185 expressed general support for the Administration’s no new start

policy as applied to the FY2008 budget for the Corps. The exception noted by the Committee is

that it “will consider funding for the major rehabilitation” at specific locks on the Ohio and

Mississippi River systems because it “does not view the rehabilitation of existing infrastructure as

a new construction start ... but rather a necessity.” The Senate Appropriations Committee

recommended a limited number of new construction starts. Numerous construction projects that

were not included in the President’s request were included among the projects funded in the

omnibus report language.

Financial Management and O&M Budgeting

Unlike previous budget requests, the FY2007 and FY2008 requests did not specify the amount

that individual Corps projects would receive for O&M. Instead, the Administration’s recent

requests divide the country into 21 regions and specify O&M funding for each region for six

different categories of activities—commercial navigation, flood and coastal storm damage

reduction, environment, hydropower, recreation, and water supply. The Corps has provided

estimates of how much individual projects are expected to receive; however, these estimates are

not part of the agency’s formal budget request and budget justification package. This budgeting

approach appears to allow the agency flexibility to move money across projects within the region

as O&M needs arise, without being subject to many of the reprogramming restrictions put into

place with the agency’s FY2006 appropriations. Some project stakeholders are likely to be

uncomfortable as a result of the decreased certainty in the O&M funding available for particular

projects under this regional O&M budgeting approach.

Although little of the debate about new starts is reflected in the omnibus report language, the

earlier House and Senate reports illustrated differing opinions about how best to manage the

Corps’ budget. H.Rept. 110-185 was critical of how the Administration developed its request for

each of the 21 regions, and it adopts the regional approach to O&M funding by specifying an

O&M funding level for each region. The Senate Appropriations Committee recommended

rejecting the regional budgeting for O&M, arguing that this budgeting tactic serves no real

purpose other than circumventing reprogramming guidance and that Corps projects (not regions)

are authorized by Congress. The omnibus report language did not adopt the O&M regions.

Instead it directed the Corps to prepare integrated O&M budgets for four regions—the Ohio

River, the Great Lakes, the Texas coast, and the California coast.

The omnibus report language also provided direction to the Corps on reprogramming of funds,

five-year budget plans, budget submission materials, and the use of multi-year continuing

contracts.

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Energy and Water Development: FY2008 Appropriations

Everglades

The Corps plays a significant coordination role in the restoration of the Central and Southern

Florida ecosystem. The agency received $131 million for FY2008 Everglades restoration

activities in the omnibus report language. The FY2008 budget request was for $162 million,

down from the $164 million requested and provided for FY2007.

The FY2008 funds consist of Central and Southern Florida Project ($82 million, down from the

$91 million requested), Kissimmee River Restoration Project ($31 million, down from the $33

million requested), Everglades and South Florida Restoration Projects ($8 million, up from the $4

million requested), and Modified Water Deliveries Project ($10 million, down from the $35

million requested). FY2006 was the first year that funds for the Mod Waters project were

included in the Corps budget request and enacted appropriations; previously, the project was

funded solely through Department of the Interior appropriations. The omnibus report language

noted appropriators’ concerns regarding the changing design of the Mod Waters project. The

report directs the Corps to submit to the Appropriations Committees its plan for completion of

Mod Waters, and it provides direction to Interior regarding its funding of the project. (For more

information, see CRS Report RS21331, Everglades Restoration: Modified Water Deliveries

Project, by (name redacted).)

In addition to funding for Corps activities through Energy and Water Development

appropriations, federal activities in the Everglades are funded through Department of the Interior

appropriations bills. Concerns regarding the level of appropriations and progress in the restoration

effort are discussed in CRS Report RS20702, South Florida Ecosystem Restoration and the

Comprehensive Everglades Restoration Plan, by (name redacted) and (name redacted).

Hurricane Katrina Repairs and Coastal Louisiana Restoration

The Corps is responsible for much of the repair and fortification of the hurricane protection

system of coastal Louisiana, particularly in the greater New Orleans area; to date, most of the

Corps’ work on the region’s hurricane protection system has been funded through emergency

supplemental appropriations, not through the annual appropriations process. The Corps has

received more than $7 billion in emergency supplemental funds for flood protection and water

resources repair and recovery work. The vast majority of the enacted and requested supplemental

appropriations for the region are for structural hurricane defenses; coastal wetlands restoration

activities by the Corps have received less than $200 million of the enacted Katrina appropriations.

The 110th Congress enacted emergency supplemental legislation with an additional $1.64 billion

for the Corps, largely to continue repairs and accelerate completion of flood and storm damage

reduction projects in the New Orleans and south Louisiana area. Previously appropriated funds

were insufficient to complete these activities because of increased costs, improved data on costs,

and other factors.

Title II: Department of the Interior

The Department of the Interior requested that Congress provide an increase in funding for the

Central Utah Project (CUP) Completion Account and a reduction for the Bureau of Reclamation

(BOR) for FY2008. The total approved by P.L. 110-161 for Title II funding is $1.1509 billion—

$149.5 million above the President’s request.

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Energy and Water Development: FY2008 Appropriations

Table 5. Energy and Water Development Appropriations

Title II: Central Utah Project Completion Account

($ millions)

FY2007

FY2008

Request

House

Senate

Comm.

P.L.

110-161

Central Utah Project Construction

$31.4

$40.4

$40.4

$40.4

$40.4

Mitigation and Conservation Activities

0.9

1.0

1.0

1.0

1.0

Oversight & Administration

1.7

1.6

1.6

1.6

1.6

34.0

43.0

43.0

43.0

43.0

Program

Total, Central Utah Project

Source: Central Utah Project Completion Act, FY2008 Budget Justification. H.Rept. 110-185; S.Rept. 110-127.,

P.L. 110-161.

Table 6. Energy and Water Development Appropriations

Title II: Bureau of Reclamation

($ millions)

FY2007

FY2008

Request

House

Senate

Comm.

P.L.

110-161

$874.7

$816.2

$871.2

$950.1

$949.9

Policy & Administration

57.3

58.8

58.8

58.8

58.8

CVP Restoration Fund (CVPRF)a

52.1

59.1

59.1

51.6

59.1

Legislative Proposal—SJRRFb

—

(7.5)

(7.5)

0.0

0.0

Calif. Bay-Delta (CALFED)

36.6

31.8

40.8

40.8

40.1

1,020.7

958.4

1,022.4

1,101.3

1,107.9

CVP Collectionsa

(43.9)

(51.6)

(51.6)

(51.6)

(51.6)

Net Current Authority

976.8

906.8

970.8

1,049.7

1,056.3

1,054.7

1,001.4

1,065.4

1,144.3

1,150.9

Program

Water and Related Resources

Gross Current Authority

Total, Title II

Source: Bureau of Reclamation FY2008 Budget Justification. H.Rept. 110-185; S.Rept. 110-127,P.L. 110-161.

a.

In its request, BOR lists CVP Collections as an “offset.” Congress does not follow this procedure.

b.

FY2008 reflects a legislative proposal to redirect $7.5 million collected from Friant Division water users to

the new San Joaquin River Restoration Fund.

Central Utah Project and Bureau of Reclamation: Budget In Brief

The Administration requested $43.0 million for the CUP Completion Account for FY2008 (Table

5). The FY2008 request for BOR totaled $958.4 million in gross current budget authority. This

amount is $62.3 million less than enacted for FY2007. The FY2008 request included “offsets” of

$51.6 million for the Central Valley Project (CVP) Restoration Fund, yielding a “net” current

authority of $906.8 million for BOR. The total budget request for Title II funding, Central Utah

Project and Bureau of Reclamation, was $1.0014 billion.

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

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

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

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Energy and Water Development: FY2008 Appropriations

Development, among others. The Administration requested $816.2 million for the Water and

Related Resources Account for FY2008 (Table 6). This amount is $58.5 million (6.7%) less than

enacted for FY2007.

The House Appropriations Committee recommended funding at the amount reflected in the

President’s Budget for CUP (Table 5), Policy and Administration, and the CVP (Table 6). The

Committee recommended increases of $55 million for Water and Related Resources and $9

million for CALFED (Table 6). The Committee initially made no recommendations for specific

water projects within Water and Related Resources, indicating that it would consider individual

project allocations after further analysis. The Committee’s final recommendation for Water and

Related Resources matched the President’s request for facilities and operations and maintenance

(O&M). The additional funding recommended by the Committee was on the Resource

Management side of the Water and Related Resources budget.

The Senate Appropriations Committee recommended funding at the amount reflected in the

President’s Budget for the CUP and Policy and Administration. Recommended funding for Water

and Related Resources is $134 million more than the President’s request and $79 million more

than the level recommended by the House. The CALFED recommendation, an increase of $9

million over the President’s request, matches the House. The Committee provided $7.5 million

less funding for the CVP Restoration Fund, indicating that the Administration’s proposed San

Joaquin River Restoration Fund (which was included as an offset) was not yet authorized.

The House and Senate agreed on final appropriations for the BOR that were close to the levels

recommended by one or both chambers previously. Policy and Administration remains unchanged

from the President’s request at $58.8 million. The CVP Restoration Fund remains at the level

requested by the President, $59.1 million. However $7.5 million that the Administration and

House intended for the proposed San Joaquin River Restoration Fund (SJRRF) was reallocated to

other CVP Restoration Fund programs because the SJRRF was not authorized. Water and Related

Resources and CALFED are both funded at levels similar to those passed by the Senate: $949.9

and $40.1 respectively. The total approved by P.L. 110-161 for Title II funding is $1.1509

billion—$149.5 million above the President’s request.

Key Policy Issues—Bureau of Reclamation

Background

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

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

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

for irrigation to reclaim arid lands in the West. Today, BOR manages hundreds of dams and

diversion projects, including more than 300 storage reservoirs in 17 western states. These projects

provide water to approximately 10 million acres of farmland and 31 million people. BOR is the

largest wholesale supplier of water in the 17 western states and the second-largest hydroelectric

power producer in the nation. BOR facilities also provide substantial flood control, recreation,

and fish and wildlife benefits. At the same time, operations of BOR facilities are often

controversial, particularly for their effect on sensitive fish and wildlife species and conflicts

among competing water users.

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CALFED

The Administration requested $31.8 million for the California Bay-Delta Restoration Account

(Bay-Delta, or CALFED) for FY2008 (Table 6). The bulk of the requested funds were targeted at

three main program areas, including the environmental water account, the storage program, and

conveyance. The remainder of the request was allocated for science, water quality, planning and

management, and ecosystem restoration.

The House Appropriations Committee recommended that all programs within CALFED be

funded at the level in the FY2008 budget request, except for a $1 million reduction in Planning

and Management. The Committee also recommended $5 million each for Water Use Efficiency

and Delta Levees, which were not in the President’s Budget. The Committee indicated that

funding for Delta Levees is to be transferred to the Corps of Engineers. The recommended $10

million addition and $1 million reduction result in a recommended net increase of $9 million over

the President’s request.

The Senate Appropriations Committee approved funding at the amount recommended by the

House Appropriations Committee. The final appropriations level agreed to by both chambers is

$40.1 million for CALFED. (For more information on CALFED, see CRS Report RL31975,

CALFED Bay-Delta Program: Overview of Institutional and Water Use Issues, by (name redac

ted) and (name redacted).)

Loan Guarantee Program

BOR requested $1 million in FY2008 to establish a loan guarantee program. Reclamation is

establishing this program to guarantee private loans to water districts that have responsibility for

funding O&M or rehabilitation costs on Reclamation facilities. Because the federal government

retains title to these projects, it may be difficult for water users to secure loans from private

lenders. The House and Senate Appropriations Committees recommended funding this program at

the level requested.

Security

Under BOR’s Water and Related Resources account, the Administration requested $35.5 million

for site security for FY2008, a decrease of $4.1 million compared with that enacted for FY2007.

The bulk of the request is for facility operations/security. Funding covers activities such as

administration of the security program (e.g., surveillance and law enforcement), antiterrorism

activities, and physical emergency security upgrades. (For more information, see CRS Report

RL32189, Terrorism and Security Issues Facing the Water Infrastructure Sector, by (name re

dacted).)

The FY2008 request assumed that annual costs for guard and patrol activities would be treated as

project O&M costs, and hence would be reimbursable based on project cost allocations. These

costs were estimated to be $18.9 million in FY2008, of which $11.6 million would be in up-front

funding from power customers and $7.3 million would be appropriated funds which are

reimbursed by irrigation, municipal, and industrial users and other customers. BOR would

continue to treat facility fortification and antiterrorism management-related expenses as

nonreimbursable.

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The House and Senate Appropriations Committees both recommended funding this program at

the level requested, and the final appropriation was $35.0 million.

Water 2025

This program, part of the Water and Related resources account, is intended to reduce water use

conflicts by increasing certainty, diversity, and flexibility of water supplies. In 2008, BOR plans

to focus program resources on areas where water conflicts exist currently or are likely to develop

in the future. The 2008 budget request for this program is $11.0 million, a decrease of $3.5

million from FY2007. The House Appropriations Committee did not include funding for Water

2025, citing a lack of authorization for the program (however, see General Provisions below for

Water 2025 authorization). The Senate Appropriations Committee recommended $14 million for

Water 2025, indicating that funds above the President’s $11 million request are intended to

provide for efficiency and water improvements related to the Middle Rio Grande Conservancy

District. Ultimately, $5.9 million was agreed upon by both chambers.

General Provisions

Final appropriations language includes a number of general provisions authorizing approximately

$66 million in Nevada for water projects such as dam removal, fish passage, municipal water

treatment, and watershed inventory (§208). Section 210 authorizes two water reuse projects: the

Inland Empire and Cucamonga Valley in California. A total of $30 million is authorized for these

projects. An additional $20 million is authorized for the Southern California Desert Region

Integrated Water and Economic Sustainability Program (§214).

Though no funding is specified, §204 authorizes the Secretary of the Interior, acting through the

Commissioner of Reclamation, to fund grants at a 50% cost share aiding irrigation or water

districts and states in their planning, design, and construction of projects to conserve water or

improve water use efficiency. This language appears to authorize the BOR’s Water 2025 program.

Title III: Department of Energy

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

DOE activities historically funded by the Energy and Water bill include research and

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

and nuclear weapons programs, and now includes programs for fossil fuels, energy efficiency, the

Strategic Petroleum Reserve, and energy statistics, which formerly had been included in the

Interior and Related Agencies appropriations bill.

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Table 7. Energy and Water Development Appropriations

Title III: Department of Energy

($ millions)

FY2007

FY2008

Request

House

Senate

Conf.

$1,474.3

$1,236.2

$1,873.8

$1,715.6

$1,722.4

Electricity Delivery & Energy Reliability

137.0

114.9

134.2

169.4

138.6

Nuclear Energy

482.2

801.7

759.2

719.6

961.7

Environment, Safety, Healtha

27.8

—

—

—

—

Legacy Management

33.2

35.1

—

35.1

33.9

2,154.5

2,187.9

2,767.2

2,639.7

2,856.5

592.6

566.8

708.8

808.1

742.8

Clean Coal Technology (Deferral)

—

(58.0)

(58.0)

(58.0)

(58.0)

Naval Petrol. & Oil Shale Reserves

21.3

17.3

17.3

21.3

20.3

Strategic Petroleum Reserve

164.4

331.6

163.5

163.5

186.8

Northeast Home Heating Oil Reserve

5.0

5.3

5.3

12.8

12.3

Energy Information Administration

90.7

105.1

105.1

105.1

95.5

Non-Defense Environmental Cleanup

349.7

180.9

286.0

195.4

182.3

Uranium Decontamination and

Decommissioning Fund

556.6

573.5

618.8

573.5

622.2

High Energy Physics

751.8

782.2

782.2

789.2

688.0

Nuclear Physics

422.8

471.3

471.3

471.3

433.0

1,250.3

1,498.5

1,498.5

1,512.3

1,270.0

Bio. & Env. R&D

483.5

531.9

581.9

605.8

544.0

Fusion

319.0

427.9

427.9

427.9

287.0

Advanced Scientific Computing

283.4

340.2

340.2

334.9

351.0

Other

292.2

351.5

417.7

361.5

450.3

Adjustments

(5.6)

(5.6)

(5.6)

(5.6)

(5.6)

Total, Science

3,797.3

4,397.9

4,514.1

4,497.3

4,017.7

Program

Energy Supply & Conservation

Energy Efficiency & Renewables

Total, Energy Supply & Conservation

Fossil Energy R&D

Sciencea

Basic Energy Sciences

Nuclear Waste Disposal

99.2

202.5

202.5

202.5

187.3

Environment, Safety, Healthb

—

—

31.8

—

—

Departmental Admin. (net)

153.8

148.6

143.0

146.8

148.4

Office of Inspector General

41.8

48.4

47.7

47.7

46.1

—

8.4

—

8.4

4.5

Innovative Technology Loan Guarantee

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Program

FY2007

FY2008

Request

House

Senate

Conf.

National Nuclear Security Administration (NNSA)

Weapons

6,275.6

6,511.3

5,879.1

6,489.0

6,297.5

Nuclear Nonproliferation

1,818.3

1,672.6

1,683.7

1,872.6

1,336.9

Naval Reactors

781.8

808.2

808.2

808.2

774.7

Office of Administrator

340.3

394.7

415.9

394.7

402.2

Total, NNSA

9,216.0

9,386.8

8,786.9

9,564.5

8,811.2

Defense Environmental Cleanup

5,731.8

5,363.9

5,766.6

5,690.4

5,349.4

Other Defense Activities

636.3

764.0

604.3

765.5

754.4

Defense Nuclear Waste Disposal

346.5

292.0

292.0

242.0

199.2

15,930.6

15,806.8

15,449.8

16,262.4

15,114.1

Southeastern

5.6

6.5

6.5

6.5

6.4

Southwestern

30.0

30.4

30.4

30.4

30.2

Western

232.3

201.0

201.0

231.0

228.9

2.7

2.5

2.5

2.5

2.5

Total, PMAs

270.6

240.4

240.4

270.4

267.9

FERC

(revenues)

221.9

(221.9)

255.4

(255.4)

255.4

(255.4)

255.4

(255.4)

258.1

(258.1)

24,228.2

24,762.7

25,243.1

25,896.9

24,446.6

Total, Defense Activities

Power Marketing Administrations (PMA)

Falcon & Armistad O&M

Total, Title III

Sources: DOE FY2008 Congressional Budget Request, February 2007; H.Rept. 110-185; S.Rept. 110-127.

Consolidated Appropriations Act, 2008, P.L. 110-161.

a.

Figures in italic for the Office of Science have been adjusted by CRS for the across-the board rescission

(Sec. 312) but not for a specific rescission of $44.6 million in prior-year funds.

b.

Environment, Safety and Health moved from Energy Supply and Conservation for FY2008.

The Administration’s FY2008 request for DOE programs was $24.7627 billion, compared with

$24.2282 billion appropriated for FY2007. The final omnibus act provides $24.4466 billion, $218

million above FY2007 but $316 million below the request. The FY2008 total reflects an acrossthe-board rescission on all DOE programs imposed by Section 312 of Title III, Division C of the

act. Section 312 requires all funding levels in the explanatory statement to be reduced by 1.6% of

earmarked funds and 0.91% for all other funding. Summary tables at the end of the explanatory

statement reflect the Section 312 rescission, but the detailed tables do not. DOE is required to

submit a report to the Appropriations Committees within 30 days with detailed numbers reflecting

the rescission.

Key Policy Issues—Department of Energy

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

following pages, the programs are described and major issues are identified, in approximately the

order in which they appear in the budget tables in Table 7.

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Energy Efficiency and Renewable Energy

The omnibus appropriations act provides $1,722.4 million for DOE’s Office of Energy Efficiency

and Renewable Energy (EERE) for FY2008, which is $486.2 million more than the request and

$248.1 million more than the FY2007 appropriation. Table 8 shows the FY2008 funding amounts

by program. Relative to FY2007, the FY2008 appropriation provides key increases of $25.0

million for Vehicles, $22.7 for Weatherization, $17.5 million for Hydrogen, $14.8 million for

Geothermal, $9.9 million for Water (Marine and Hydrokinetic) technologies, and $9.1 million for

Solar. The FY2008 appropriation also includes $30.9 million less for Facilities. This reduction

does not affect the level of funding for facilities operations; instead, it reflects a reduced level of

spending on construction of new buildings. The main cuts in FY2008 are $9.5 million less for

International Renewables (which terminates the program) and $5.4 million less for State Grants.

As Table 8 shows, DOE’s FY2008 request sought $1,236.2 million for the EERE programs. The

Administration’s Advanced Energy Initiative (AEI, part of the American Competitiveness

Initiative) “aims to reduce America’s dependence on imported energy sources.” The AEI includes

hydrogen, biofuels, and solar energy initiatives that are supported by programs in EERE. The

Hydrogen Initiative aims to “facilitate a decision by industry to commercialize hydrogen

infrastructure and fuel cell vehicles by 2015.”1The Biofuels Initiative seeks to develop

transportation fuels, such as cellulosic ethanol. The Solar America Initiative’s goals are to cut the

cost of photovoltaics (PV) technology, increase its commercial use, and displace natural gas use

for electric power generation. The President’s 2007 State of the Union address set out a goal to

reduce gasoline use by 20% and to increase the production of “alternative” fuels, including

cellulosic ethanol, to 35 billion gallons by 2017. To support the AEI and those fuels goals, the

FY2008 EERE budget request proposed significant increases for the Biofuels, Hydrogen, and

Solar programs. 2 At hearings on the FY2008 DOE budget request, concerns were raised about

DOE’s proposed termination of the Geothermal and Hydropower programs. 3 The House approved

$1,873.8 million and the Senate Appropriations Committee approved $1,715.6 million for

FY2008 EERE programs.

The House Committee report includes several policy directives to EERE. First, on page 59, it

directs DOE to quantify and track the progress and impact of the investments in the EERE

portfolio and brief the Committee annually on the return on investment for each of the accounts.

Second, on page 60, the report directs DOE to implement an aggressive program that focuses on

using Historically Black Colleges and Universities and Hispanic Serving Institutions to deepen

the recruiting pool of diverse scientific and technical staff available to support the growing

renewable energy marketplace. Third, on page 65, within funding available for the State Energy

Program, the Committee directs DOE to implement section 140 of the Energy Policy Act of 2005

to support state-wide pilot programs that encourage reduced electricity and natural gas use.

The report of the Senate Appropriations Committee directs DOE to draw from available funds to

study and report on five special topics. First, on page 131, DOE is directed to conduct a study on

“the feasibility of increasing consumption of ethanol-blended gasoline with levels of ethanol

blends between 10%-25%, including a study of production and infrastructure constraints on

1

U.S. Executive Office of the President, Budget of the United States Government, Fiscal Year 2007, Appendix, p. 390.

Also see DOE, FY2007 Congressional Budget Request: Budget Highlights, p. 41.

2

The Energy Independence and Security Act (P.L. 110-140, H.R. 6) also addressed those goals.

3

Secretary Bodman’s Senate testimony is available at http://energy.senate.gov/public/_files/BodmanTestimony.pdf.

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increasing consumption.” Second, on page 131, the Committee requests that DOE prepare

updates on the National Biofuels Action Plan and deliver the final plan by the end of January

2008. Third, on pages 131-132, the Committee recommends that DOE report on its planned

procedure for holding a reverse auction for cellulosic biofuels grants, as directed by the Energy

Policy Act of 2005 (§942). Fourth, on page 134, the Committee directs DOE to study methods of

increasing the fuel efficiency of alternative fueled vehicles by improving their ability to use E-85

(85% ethanol) fuel. Fifth, on page 138, under the Electricity Program, the Committee encourages

DOE to identify the potential for distributed energy equipment to provide energy savings and

reduce transmission line losses. DOE is directed to focus the study on commercial potential.

Electricity Delivery and Energy Reliability

The FY2008 request included $114.9 million for the Office of Electricity Delivery and Energy

Reliability (OE). The House approved $134.2 million and the Senate Appropriations Committee

approved $169.4 million. The omnibus law provides $138.7 million. The Senate Committee

report directs OE to increase energy storage efforts in support of intermittent wind and solar

power production and to increase support for deployment of distributed generation equipment.

Table 8. Energy Efficiency and Renewable Energy Programs

($ millions)

FY2006

FY2007

FY2008

Request

FY2008

House

FY2008

SAppC

FY2008

Conf.

$153.5

$193.6

$213.0

$194.6

228.0

211.1

Biomass & Biorefinery Systems

89.8

199.7

179.3

250.0

244.0

198.2

Solar Energy

81.8

159.4

148.3

200.0

180.0

168.5

—Photovoltaics

58.8

—

137.3

149.0

145.3

136.7

Wind Energy

38.3

49.3

40.1

57.5

57.5

49.5

Geothermal Technology

22.8

5.0

0.0

44.3

25.0

19.8

Water Power (Hydro/Ocean)

0.5

0.0

0.0

22.0

10.0

9.9

Subtotal, Renew. & Hydrogen

386.6

606.9

580.6

768.4

744.5

657.0

Vehicle Technologies

178.4

188.0

176.1

235.4

230.0

213.0

Building Technologies

68.2

104.3

86.5

146.5

137.0

109.0

Industrial Technologies

55.9

56.6

46.0

57.0

57.0

64.4

Federal Energy Management

19.0

19.5

16.8

27.0

23.0

19.8

Subtotal, Efficiency R&D

321.4

368.4

325.4

465.9

447.0

406.2

Facilities & Infrastructure

26.1

107.0

7.0

195.7

7.0

76.2

Program Management

115.2

110.2

118.3

128.9

118.3

114.9

R&D Subtotal

849.2

1,192.6

1,031.3

1,558.9

1,316.8

1,254.3

—Weatherization Grants

242.6

204.6

144.0

245.6

240.6

227.2

—State Energy Grants

36.1

58.8

45.5

49.5

55.0

44.1

Program

Hydrogen Technologies

Federal Assistance

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Program

FY2006

FY2007

FY2008

Request

FY2008

House

FY2008

SAppC

FY2008

Conf.

—Renewables Deployment

38.2

18.4

15.4

19.9

12.0

10.9

—Cong.-Directed Assistancea

—

0.0

0.0

—

91.2

185.9

Federal Assistance Subtotal

316.9

281.7

204.9

314.9

398.8

468.1

Total Appropriation, EE & RE

1,166.1

1,474.3

1,236.2

1,873.8

1,715.6

1,722.4

158.2

137.0

114.9

134.2

169.4

138.7

Office of Electricity Delivery & Energy

Reliability (OE)b

Sources: DOE FY2007 Operating Plan; H.Rept. 110-185; S.Rept. 110-127; Joint Explanatory Statement on the

Consolidated Appropriations Act of 2007 (Cong. Record, Dec. 17, 2007, p. 15587 and p. H15940).

a.

In FY2006, there was $159.0 million in congressionally-directed funds spread over EERE accounts. For

FY2008, the House approved (H.Rept. 110-185, part 2) $104.3 million for congressionally-directed

assistance to be taken from available funds.

b.

The Distributed Energy Program was moved from EERE to OE in FY2006.

Nuclear Energy

For nuclear energy research and development—including advanced reactors, fuel cycle

technology, nuclear hydrogen production, and infrastructure support—DOE received $1.037

billion for FY2008. That amount is substantially higher than the FY2007 funding level and the

Administration’s request, but it includes large transfers from other accounts and eliminates most

of the Administration’s proposed increase for the Advanced Fuel Cycle Initiative (AFCI). The

higher AFCI funding would have allowed DOE to continue developing a demonstration plant for

extracting plutonium and uranium from spent nuclear fuel, as part of the Administration’s Global

Nuclear Energy Partnership (GNEP). The nuclear energy program is run by DOE’s Office of

Nuclear Energy, Science, and Technology.

DOE requested $801.7 million for FY2008, nearly 30% above the FY2007 funding level. The

request would have boosted funding for AFCI from $167.5 million in FY2007 to $395.0 million

in FY2008. The omnibus appropriation holds AFCI to $181 million and shifts the mixed-oxide

(MOX) fuel program—totaling $281 million—to the nuclear energy program from the nuclear

nonproliferation program. That brings the nuclear energy total to $970.5 million ($961.7 million

with the rescission), about 20% above the request. An additional $75.9 million provided in the

Other Defense Activities account brings the Office of Nuclear Energy’s total spending level to

$1.046 billion ($1.037 billion with the rescission).

Overall, the House had provided a funding level of $835.2 million for nuclear energy, including

$74.9 million from the Other Defense Activities account and $167.8 million transferred for the

MOX program. The Senate Appropriations Committee had recommended $795.5 million for

nuclear energy, including $75.9 million from Other Defense Activities, while opposing the MOX

funding transfer.

According to DOE’s FY2008 budget justification, the nuclear energy R&D program is intended

“to secure nuclear energy as a viable, long-term commercial energy option, providing diversity in

the energy supply.” However, opponents have criticized DOE’s nuclear research program as

providing wasteful subsidies to an industry that they believe should be phased out as

unacceptably hazardous and economically uncompetitive.

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Under the Administration’s GNEP initiative, plutonium partially separated from the highly

radioactive spent fuel from nuclear reactors would be recycled into new fuel to expand the future

supply of nuclear fuel and potentially reduce the amount of radioactive waste to be disposed of in

a permanent repository. Under the initial concept for GNEP, the United States and other advanced

nuclear nations would lease new fuel to other nations that agreed to forgo uranium enrichment,

spent fuel recycling (also called reprocessing), and other fuel cycle facilities that could be used to

produce nuclear weapons materials. The leased fuel would then be returned to supplier nations for

reprocessing. Solidified high-level reprocessing waste would be sent back to the nation that had

used the leased fuel, along with supplies of fresh nuclear fuel. However, a GNEP Statement of

Principles signed by the United States and 15 other countries on September 16, 2007, preserves

the right of all participants to develop fuel cycle facilities while encouraging the establishment of

a “viable alternative to acquisition of sensitive fuel cycle technologies.”4

Although GNEP is largely conceptual at this point, DOE issued a Spent Nuclear Fuel Recycling

Program Plan in May 2006 that provided a general schedule for a GNEP Technology

Demonstration Program (TDP),5 which would develop the necessary technologies to achieve

GNEP’s goals. According to the Program Plan, the first phase of the TDP, running through

FY2006, consisted of “program definition and development” and acceleration of AFCI. Phase 2,

running through FY2008, was to focus on the design of technology demonstration facilities,

which then were to begin operating during Phase 3, from FY2008 to FY2020. The National

Academy of Sciences in October 2007 strongly criticized DOE’s “aggressive” deployment

schedule for GNEP and recommended that the program instead focus on research and

development.6

Nuclear critics oppose GNEP’s emphasis on spent fuel reprocessing, which they see as a weapons

proliferation risk, even if weapons-useable plutonium is not completely separated from other

spent fuel elements, as envisioned by the Administration. “As the research of DOE scientists

makes clear, the reprocessing technologies under consideration would still produce a material that

is not radioactive enough to deter theft, and that could be used to make nuclear weapons,”

according to the Union of Concerned Scientists.7

The omnibus appropriation cuts the Administration’s GNEP request to $181 million, including

$30 million for upgrades to existing facilities. The remaining $151 million is for research,

development, and design activities, with no funds for constructing facilities for technology

demonstration or commercialization. The GNEP budget totals, as well as the remaining nuclear

program numbers cited below, do not reflect the 0.91% across-the-board DOE rescission.

Nuclear Power 2010

President Bush’s specific mention of “clean, safe nuclear power” in his 2007 State of the Union

address reiterated the Administration’s interest in encouraging construction of new commercial

reactors—for which there have been no U.S. orders since 1978. DOE’s efforts to restart the

4

5

See GNEP website at http://www.gnep.energy.gov.

DOE, Spent Nuclear Fuel Recycling Plan, Report to Congress, May 2006.

6

National Academy of Sciences, Review of DOE’s Nuclear Energy Research and Development Program,

prepublication draft, October 2007.

7

Union of Concerned Scientists, U.S. Nuclear Fuel Reprocessing Initiative,

http://www.ucsusa.org/global_security/nuclear_terrorism/US_Nuclear_Fuel_Reprocessing_Initiative.html.

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nuclear construction pipeline have been focused on the Nuclear Power 2010 Program, which will

pay up to half of the nuclear industry’s costs of seeking regulatory approval for new reactor sites,

applying for new reactor licenses, and preparing detailed plant designs. The Nuclear Power 2010

Program, which includes the Standby Support Program authorized by the Energy Policy Act of

2005 (P.L. 109-58) to pay for regulatory delays, is intended to encourage near-term orders for

advanced versions of existing commercial nuclear plants.

Two industry consortia are receiving DOE assistance over the next several years to design and

license new nuclear power plants. DOE awarded the first funding to the consortia in 2004. DOE

requested $114.0 million for Nuclear Power 2010 for FY2008, more than 40% above the FY2007

funding level of $80.3 million. The omnibus act provided a $21.0 million increase from the

budget request, as recommended by the Senate Appropriations Committee, for a total of $135.0

million. The funding increase is intended to accelerate progress on the new reactor licenses. The

House had approved flat funding for the program, contending that funds should not be provided

for reactor design work.

The nuclear license applications under the Nuclear Power 2010 program are intended to test the

“one-step” licensing process established by the Energy Policy Act of 1992 (P.L. 102-486). Under

the process, NRC may grant a combined construction permit and operating license (COL) that

allows a completed plant to begin operation if all construction criteria have been met. Even if the

licenses are granted by NRC, the industry consortia funded by DOE have not committed to

building new reactors. The following two consortia are receiving COL assistance under the

Nuclear Power 2010 program:

•

A consortium led by Dominion Resources that is preparing a COL for an

advanced General Electric reactor. The proposed reactor would be located at

Dominion’s existing North Anna plant in Virginia, where the company received

an NRC early-site permit with DOE assistance. Dominion Energy submitted a

COL application for a new unit at North Anna on November 27, 2007.

•

A consortium called NuStart Energy Development, including Exelon and several

other major nuclear utilities, which announced on September 22, 2005, that it

would seek a COL for two Westinghouse reactors at the site of TVA’s

uncompleted Bellefonte nuclear plant in Alabama and for a General Electric

design at the Grand Gulf plant in Mississippi. The Nuclear Power 2010 Program

is providing funding for review and approval of the Bellefonte COL, which was

submitted to NRC on October 30, 2007.

The Nuclear Power 2010 Program also helped three utilities seek NRC Early Site Permits (ESPs)

for potential new reactors in Illinois, Mississippi, and Virginia. NRC issued the first of these on

March 15, 2007, to Exelon Generating Company for a potential new reactor at the company’s

Clinton, Illinois, nuclear plant. Under Nuclear Power 2010, DOE paid half the $15 million cost of

the Clinton ESP. NRC authorized a second ESP on March 27, 2007, for the Grand Gulf site in

Mississippi, and a third, for the North Anna site in Virginia, on November 20, 2007. The holders

of those ESPs will not have to revisit site-related issues if they seek licenses for new reactors at

those locations during the next 20 years.

Generation IV

Advanced commercial reactor technologies that are not yet close to deployment are the focus of

DOE’s Generation IV Nuclear Energy Systems Initiative, for which $36.1 million was requested

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for FY2008—about the same as the FY2007 funding level. The omnibus measure nearly tripled

the request to $116.0 million, with $74 million devoted to the Next Generation Nuclear Plant

(NGNP). At least $38 million of the NGNP funding is to be spent for developing a conceptual

design and baseline cost estimate, and $36 million is for NRC pre-licensing activities. Under

DOE’s current plans, NGNP will use Very High Temperature Reactor (VHTR) technology, which

features helium as a coolant and coated-particle fuel that can withstand temperatures up to 1,600

degrees Celsius.

The Energy Policy Act of 2005 authorizes $1.25 billion through FY2015 for NGNP development

and construction (Title VI, Subtitle C). The authorization requires that NGNP be based on

research conducted by the Generation IV program and be capable of producing electricity,

hydrogen, or both. Phase I research on the NGNP is to continue until 2011, when a decision will

be made on moving to the Phase II design and construction stage, according to the FY2008 DOE

budget justification.

In conjunction with the GNEP Technology Demonstration Program, the Generation IV Program

will also focus on developing a sodium-cooled fast reactor (SFR). Existing U.S. commercial

nuclear reactors use water to slow down, or “moderate,” the neutrons released by the fission

process (splitting of nuclei). The relatively slow (thermal) neutrons are highly efficient in causing

fission in certain isotopes of heavy elements, such as uranium 235 and plutonium 239.8 Therefore,

fewer of those isotopes are needed in nuclear fuel to sustain a nuclear chain reaction (in which

neutrons released by fissioned nuclei then induce fission in other nuclei, and so forth). The

downside is that thermal neutrons cannot efficiently induce fission in more than a few specific

isotopes.

In contrast, “fast” neutrons, which have not been moderated, are less effective in inducing fission

than thermal neutrons but can induce fission in a much wider range of isotopes, including all

major plutonium isotopes. Therefore, nuclear fuel for a fast reactor must have a higher proportion

of fissionable isotopes than a thermal reactor to sustain a chain reaction, but a larger number of

different isotopes can constitute that fissionable proportion.

A fast reactor’s ability to fission most heavy radioactive isotopes, called “transuranics” (TRU),

makes it theoretically possible to repeatedly separate those materials from spent fuel and feed

them back into the reactor until they are entirely fissioned. In a thermal reactor, the buildup of

non-fissile isotopes sharply limits the number of such separation cycles before the recycled fuel

can no longer sustain a nuclear chain reaction.

“Given the benefits of continuous recycling, at this time GNEP-TDP is focused on the

development of fast reactor technologies, recognizing that fast reactor operating experience is

much more limited than thermal reactor operating experience, and that fast burn reactor fuels, or

transmutation fuels, are not fully developed,” according to the DOE Program Plan.9

The House Appropriations Committee report directed DOE to make the gas-cooled NGNP a

higher priority than fast reactors for GNEP and begin a competitive solicitation for a commercial

demonstration plant at the Idaho National Laboratory. The Senate panel also emphasized gascooled reactors in the Generation IV program.

8

9

Isotopes are atoms of the same chemical element but with different numbers of neutrons in their nuclei.

Spent Nuclear Fuel Recycling Program Plan, p. 8.

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The Generation IV program is also monitoring international research on lead-cooled fast reactors,

gas-cooled fast reactors, and supercritical water-cooled reactors, according to the FY2008 budget

justification.

Fuel Cycle Research and Facilities

The omnibus act places the Advanced Fuel Cycle Initiative within the new category of Fuel Cycle

Research and Facilities, along with Mixed-Oxide Fuel Fabrication, which was transferred from

the nuclear nonproliferation account (described in a separate section of this report). Funding for

the new category totals $462.3 million.

The FY2008 funding request of $395 million for AFCI, the primary component of GNEP, was

more than double the FY2007 funding level of $167.5 million, which in turn was more than

double the FY2006 appropriation. The omnibus act reduced AFCI to $181.0 million, as discussed

above. According to the DOE budget justification, AFCI will develop and demonstrate nuclear

fuel cycles that could reduce the long-term hazard of spent nuclear fuel and recover additional

energy. Such technologies would involve separation of plutonium, uranium, and other long-lived

radioactive materials from spent fuel for reuse in a nuclear reactor or for transmutation in a

particle accelerator. Much of the program’s research will focus on a separations technology called

UREX+, in which uranium and other elements are chemically removed from dissolved spent fuel,

leaving a mixture of plutonium and other highly radioactive elements. Proponents believe the

process is proliferation-resistant, because further purification would be required to make the

plutonium useable for weapons and because its high radioactivity would make it difficult to divert

or work with.

FY2008 funding was also to have been used for conceptual design work on an Advanced Fuel

Cycle Facility (AFCF) to provide an engineering-scale demonstration of AFCI technologies,

according to the budget justification. At the same time, industry design teams were to complete

conceptual designs for nuclear fuel recycling demonstration facilities to be used for GNEP.

However, the omnibus measure specifically rejected funding for development of AFCF in

FY2008.

Removing uranium from spent fuel would eliminate most of the volume of spent nuclear fuel that

would otherwise require disposal in a deep geologic repository, which DOE is developing at

Yucca Mountain, Nevada. The UREX+ process also could reduce the heat generated by nuclear

waste—the major limit on the repository’s capacity—by removing cesium and strontium for

separate storage and decay over several hundred years. Plutonium and other long-lived elements

would be fissioned in accelerators or fast reactors (such as the type under development by the

Generation IV program) to reduce the long-term hazard of nuclear waste. Even if technically

feasible, however, the economic viability of such waste processing has yet to be determined, and

it still faces significant opposition on nuclear nonproliferation grounds.

Nuclear Hydrogen Initiative

In support of President Bush’s program to develop hydrogen-fueled vehicles, DOE is requesting

$22.6 million in FY2008 for the Nuclear Hydrogen Initiative, about 10% above the FY2007

funding level but below the FY2006 appropriation. The omnibus measure provides $10 million

for the program. The House had provided flat funding for the program, and the Senate Committee

had approved the full request. According to DOE’s FY2008 budget justification, the program will

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continue laboratory-scale experiments to allow selection by 2011 of a hydrogen-production

technology for pilot-scale demonstration by 2013.

Fossil Energy Research, Development, and Demonstration

The Bush Administration requested $566.8 million in the FY2008 omnibus act for Fossil Energy

Research and Development (see Table 9). This is about 20.7% more than the $469.7 million

requested in FY2007. (Final funding under the FY2007 Operating Plan showed spending of

$592.6 million). Major funding categories and amounts in the FY2008 request include the

President’s Coal Research Initiative (Clean Coal Power Initiative, $73 million; FutureGen, $108

million; and Fuels and Power Systems, $245.6 million), Program Direction ($130 million), Fossil

Energy Environmental Restoration ($9.6 million), and Special Recruitment Programs ($0.7

million). Coal and coal-related activities accounted for more than 75% of the FY2008 Fossil

Energy R&D budget request.

The FY2007 funding bill (P.L. 110-5) as enacted deferred $257million in unobligated Clean Coal

Technology balances to FY2008. The FY2008 omnibus act transfers $166 million to the Fossil

Energy Research and Development account in FY2008, and recommends the deferral of $149

million in Clean Coal Technology balances until FY2009 (as proposed by the Senate and not the

rescission of balances proposed by the House). The FY2008 act provides $750 million for Fossil

Energy Research and Development (an across-the-board rescission of 0.91% reduces this to

$742.8 million). Under that heading, $70 million is marked for the Clean Coal Power Initiative

($3 million below request); $75 million for FutureGen ($33 million below request due to unused

prior-year funds); $352.9 million for Fuels and Power Systems ($107.3 million above request);

$20 million for Natural Gas Technologies; $5 million for Petroleum-Oil Technologies; $150

million for Program Direction; $13 million for Plant and Capital Equipment; $0.7 million for

Special Recruitment Programs; $5 million for Cooperative Research and Development; and $48.9

million for congressionally directed projects.

Table 9. Fossil Energy Research and Development Programs

($ millions)

Clean Coal Technology

FY2007

Op. Plan

Def. unobligated bal., FY2007

257.0

Def. unobligated bal., FY2008

-257.0

FY2008

Request

FY2008

House

FY2008

S.Cmte.

FY2008

Appropriations

257.0

257.0

257.0

257.0

Def. unobligated bal., FY2009

-149.0

Rescission, uncommitted bal.

—

-149.0

-149.0

-149.0

Transfer to Clean Coal Pwr. Init.

—

-58.0

—

-73.0

-70.0

Transfer to FutureGen

—

-108.0

-108.0

-88.0

-75.0

Transfer to Fuels & Power Sys.

-58.0

Transfer to Fossil Energy R&D

-5.0

Transfer to Carbon

Sequestration

Total

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-21.0

-58.0

—

-58.0

-58.0

-58.0

-58.0

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FY2007

Op. Plan

FY2008

Request

FY2008

House

FY2008

S.Cmte.

FY2008

Appropriations

Clean Coal Power Initiative

60.4

73.0

73.0

88.0

70.0

FutureGen

54.0

108.0

108.0

88.0

75.0

Fossil Energy R & D

Fuels & Power Systems

Innovations for existing plants

36.4

Advanced IGCC

54.0

Advanced turbines

24.0

Carbon sequestration

120.0

Fuels

25.0

Fuel Cell

56.0

Advanced research

37.5

Subtotal

311.3

245.6

375.6

374.0

352.9

Natural Gas Technologies

12.0

—

12.0

20.0

20.0

Petroleum-Oil Technologies

2.7

—

2.7

10.0

5.0

129.8

130.0

127.0

150.0

150.0

Program Direction

Plant & Capital Equipment

Fossil Energy Env. Restoration

—

9.7

Special Recruitment Program

9.6

13.0

9.6

16.6

9.6

0.7

0.7

Congressionally Directed

48.0

Other

12.7

0.7

07

61.6

Total

592.6

566.8

708.8

808.1

750.0a

Sources: DOE FY2007 Operating Plan; DOE FY2008 Budget Request; H.Rept. 110-185; S.Rept. 110-127;

Congressional Record, December 17, 2007.

a.

does not reflect a 0.91% across-the-board rescission.

The Clean Coal Power Initiative is intended to demonstrate advanced clean coal-based power

generation technologies on a commercial scale capable of achieving 45% thermal efficiency. The

FutureGen project will partner with industry to build the advanced coal-based Integrated

Gasification Combined Cycle (IGCC) plant that can produce electricity at 45%-50% efficiency at

a capital cost of $1,000/kilowatt (in 2003 dollars) and can integrate CO2 separation, capture, and

sequestration. The FutureGen Industrial Alliance, Inc., has selected Mattoon, Illinois, as the plant

site. The Fuels program is a key component of the Hydrogen Fuel Initiative and will provide the

hydrogen production supporting R&D for the FutureGen project. The Fossil Energy

Environmental Restoration program remediates the National Energy Technology Laboratory at

the Morgantown, WV; Pittsburgh, PA; Tulsa, OK; Fairbanks, AK; and Albany, OR, sites.

The Energy Policy Act of 2005 (P.L. 109-58, Title IV) authorizes the annual appropriation of

$200 million in FY2006 through FY2014 for the Clean Coal Power Initiative (see Table 10). Of

the funds made available, 70% (i.e., $140 million annually) are to be used only in funding coalbased gasification technologies: combined cycle, fuel cell, coproduction, hybrid, and advanced

technologies capable of producing concentrated carbon monoxide—technologies aimed at

FutureGen. The Coal and Related Technologies Program is authorized $611 million in FY2007,

$626 million in FY2008, and $641 million in FY2009, in addition to programs for research,

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development, demonstration, and commercial application of coal-based power generation through

gasification, advanced combustion, and turbines for synthesis gas derived from coal.

Table 10. Energy Policy Act of 2005 Title IV Authorization

($ millions)

EPAct Authorization

FY06

FY07

FY08

FY09

FY10

FY11

FY12

FY13

FY14

Clean Coal Power

200

200

200

200

200

200

200

200

200

FutureGen related

140

140

140

140

140

140

140

140

140

611

626

641

Fossil Energy

Source: DOE FY2008 Budget Request.

DOE had proposed terminating programs in Natural Gas Technology and Petroleum-Oil

Technology in FY2008. OMB rated both programs as ineffective based on its Program

Assessment Rating Tool. Nor had DOE requested funding for Plant and Capital Equipment or the

Cooperative Research and Development program (believing that research center sponsored work

can compete for Fossil Energy funding through the competitive solicitation process, DOE had not

requested funding in FY2007 or FY2008). Congress has reinstated the funding of these programs.

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 formed out of naturally occurring salt domes in

Louisiana and Texas in which roughly 690 million barrels of crude oil are stored. Current

capacity is 727 million barrels; the SPR currently holds 690 million barrels. The purpose of the

SPR is to provide an emergency source of crude oil that may be tapped in the event of a

presidential finding that an interruption in oil supply, or an interruption threatening adverse

economic effects, warrants a drawdown from the reserve. A Northeast Heating Oil Reserve

(NHOR) was established during the Clinton Administration. NHOR houses 2 million barrels of

home heating oil in above-ground facilities in Connecticut, New Jersey, and Rhode Island.

Program costs for the SPR in recent years have been dedicated principally to maintaining SPR

facilities and keeping the SPR in readiness should it be needed. Any fill activity was

accomplished by accepting deliveries of royalty-in-kind (RIK) oil to the SPR in lieu of cash

royalties on offshore production being paid to the federal government. The Administration request

for FY2007 for the SPR was $155.4 million. DOE’s 2007 operating plan set FY2007 spending at

$169.4 million, including $5.0 million for the NHOR. The FY2008 request for the same activities

was $168.8 million. However, the request included an additional $168.1 million to launch the

Administration’s plan to expand the SPR to 1.5 billion barrels, for a total of $331.6 million. At

present, expansion of the Reserve is authorized to 1 billion barrels by the Energy Policy Act of

2005 (P.L. 109-58). The FY2008 request from the Administration was intended to achieve

capacity of 1 billion barrels by adding 115 million barrels of capacity at three existing sites and

establishing a new site, in Richton, Mississippi, where 160 million barrels of capacity would be

created. The FY2008 budget request indicated that the Administration would seek authority at a

later date to expand the SPR to 1.5 billion barrels, and that planned spending during FY2008

would be a start toward that goal.

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The proposal to raise spending significantly to expand the SPR was anticipated to be

controversial. In its report on the bill (H.Rept. 110-185), the House Committee on Appropriations

indicated that it did not support expansion of the SPR at this time, noting an estimate that it would

cost $10 billion for creating additional capacity and $55 billion to fill, and expansion would not

be completed until 2027. The Committee said the plans for the expansion lacked “analytical

clarity,” citing recommendations in a 2006 report from the Government Accountability Office

(GAO) that a new assessment be made of the optimal mix for the SPR of sweet and sour crudes,

as well as the appropriate size of the SPR. The Committee recommended $163.5 million for the

SPR program in FY2008, and approved the Administration request of $5.3 million for the NHOR.

The Senate Committee on Appropriations had the same reaction as the House committee. Citing

the same statistics as in the House report, the Senate committee also settled on a recommendation

of $163.5 million. The omnibus bill provides $188.5 million, an increase of $25 million, which is

directed to be spent to acquire land at a new site. The explanatory statement on the bill is explicit

that the Appropriations Committees do not support expansion of the SPR to 1.5 billion barrels.

Meanwhile, fill of the SPR with royalty-in-kind (RIK) oil continues to be controversial. Critics

argue that it is inadvisable to add oil to the SPR when markets are tight and prices are touching

inflation-adjusted historic highs, and that the additional oil adds little to U.S. energy security.

Supporters of RIK fill argue that the fill rate is too little to have a discernible impact on markets,

and that currently high product prices are sustained owing to factors other than crude supply,

which is more than ample at this time. Deliveries of RIK oil to the SPR totaled 4.3 million barrels

during FY2007. Deliveries of RIK oil during FY2008 are estimated at 19.1 million barrels.

Deliveries of roughly 15 million barrels are scheduled through July 2008.

Science

The DOE Office of Science conducts basic research in six program areas: basic energy sciences,

high-energy physics, biological and environmental research, nuclear physics, fusion energy

sciences, and advanced scientific computing research. Through these programs, DOE is the thirdlargest federal funder of basic research and the largest federal funder of research in the physical

sciences.10 For FY2008, DOE requested $4.398 billion for Science, an increase of 16% from the

FY2007 amount of $3.797 billion. This unusually large increase reflected the American

Competitiveness Initiative (ACI), which President Bush announced in his State of the Union

address on January 31, 2006. Over 10 years, the ACI would double the combined R&D funding

of the DOE Office of Science and two other agencies. The House provided $4.514 billion for

Science. The Senate committee recommended $4.497 billion. The final appropriation was $4.018

billion,11 which was $380 million less than the request but a 6% increase from FY2007.

The requested funding for the largest Office of Science program, basic energy sciences, was

$1.498 billion, a 20% increase from FY2007. Much of the requested increase was to expand

facility operating time, as called for by the House and Senate appropriations reports for FY2006.

The House provided the requested amount, and the Senate committee recommended a further

increase of $14 million. The final appropriation was $1.270 billion, less than the request by $229

10

Based on preliminary FY2006 data from Tables 29 and 22 of National Science Foundation, Division of Science

Resources Statistics, Federal Funds for Research and Development: Fiscal Years 2004-06, NSF 07-323 (June 2007).

11

Adjusted for the across-the board rescission (Sec. 312) but not for a specific rescission of $44.6 million in prior-year

funds.

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million but a 2% increase from FY2007. The explanatory statement did not explain how this

reduction relative to the request should be allocated to particular activities. In particular, it did not

mention the operating time issue. It did state that the final bill included “less funding than

requested for two projects where the start of major construction activity can be delayed,” but the

total request for construction in this program was only $121 million.

For high-energy physics, the request was $782 million, up 4% from FY2007. The budget

justification stated that the program’s “highest priority R&D effort is the development of the

proposed International Linear Collider (ILC).” The House provided the requested amount,

including the requested increase for the ILC. The House committee also emphasized its support

for the NASA/DOE Joint Dark Energy Mission (JDEM), for which it said “DOE has done its

part” but “NASA has failed to budget and program for launch services.” The Senate committee

also recommended the requested ILC funding, although as in previous years it expressed concern

that the ILC “will crowd out other valuable research”; it provided a $7 million increase to

“aggressively ramp up” JDEM and related activities. The final appropriation was $688 million,

$94 million less than the request and 8% down from FY2007. The final bill provided $15 million

for the ILC, $45 million less than the request; the explanatory statement directed DOE to proceed

with JDEM during FY2008, together with NASA, but if the two agencies cannot agree on a joint

approach, to provide no support for space science satellite missions in future years. The Fermi

National Accelerator Laboratory (Fermilab) received about $52 million less than requested, and

the Stanford Linear Accelerator Center (SLAC) received about $25 million less. The directors of

Fermilab and SLAC have announced plans to lay off 200 and 125 employees respectively.12

The request for biological and environmental research was $532 million, up 10%. The House

provided an increase of $30 million for biological research and an increase of $20 million for

climate change research. The Senate committee recommended an increase of $73 million, mostly

for congressionally directed projects. The final appropriation was $544 million, an increase of

$12 million. In past years, biological and environmental research has been the main location for

congressionally directed projects in the Science account. The explanatory statement for FY2008

grouped all such projects (for the entire Office of Science) in a separate category, for which it

provided $124 million.

For nuclear physics, the request was $471 million, up 11% from FY2007. As in the FY2007

request, no funds were included for construction of the Rare Isotope Accelerator (RIA), despite

direction in Section 981 of the Energy Policy Act of 2005 (P.L. 109-58) that construction of this

project must begin no later than the end of FY2008. A National Academies report on the RIA was

released in December 2006 and is available on the nuclear physics program’s website.13 The

House provided the requested amount and endorsed DOE’s decision to fund additional R&D

rather than build the RIA. The Senate committee recommended the requested amount and did not

mention the RIA. The final appropriation was $433 million, less than the request by $39 million

but 2% up from FY2007.

The request for fusion energy sciences was $428 million, up 34%. Almost the entire increase was

for the U.S. share of the International Thermonuclear Experimental Reactor (ITER), a fusion

12

Pier J. Oddone, director of Fermilab, presentation slides from an “all hands” meeting on December 20, 2007,

http://www.fnal.gov/pub/today/files/All_Hands_Meeting_122007.ppt; Persis S. Drell, director of SLAC, presentation

slides from an “all hands” meeting on January 7, 2008, http://today.slac.stanford.edu/misc/AllHands-010708.ppt.

13

National Research Council, Scientific Opportunities with a Rare-Isotope Facility in the United States, online at

http://www.sc.doe.gov/np/program/docs/RareIsotopeScienceAssessment.pdf.

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facility now under construction whose other participants include China, the European Union,

India, Japan, Russia, and South Korea. The House provided the requested amount, but rejected

the proposed creation of a new activity in high energy-density physics and instead redistributed

its requested $12 million among existing non-ITER activities. The Senate committee also

recommended the requested amount, but it supported the new program in high energy-density

physics and encouraged DOE to expand it in future years. The final appropriation was $287

million, less than the request by $141 million and 10% down from FY2007. The requested $150

million for U.S. contributions to ITER was not included, although $10 million for related R&D

was, and DOE was directed not to use reprogramming to restore ITER funding. According to

press reports, ITER officials expect no immediate impact on the project’s planned start in 2008,

but “what the other ITER partners now want from the United States is clarity” about its future

plans.14 Under an agreement signed in 2006, the U.S. share of ITER construction costs is 9.1%, or

an estimated $1.122 billion through FY2014.

The request for the smallest of the Office of Science research programs, advanced scientific

computing research, was $340 million, up 20% from FY2007. The House provided the requested

amount. The Senate committee recommended $335 million. The final appropriation was $351

million.

The request for laboratory infrastructure was $79 million, up from $42 million in FY2007. The

House provided $152 million: the bulk of this increase was to accelerate facility cleanup,

replacement, renovation, and upgrades at Pacific Northwest National Laboratory (PNNL). The

Senate committee recommended $89 million, expressed its continued support for the affected

PNNL facilities, and questioned why the budget request did not fund an agreement on those

facilities signed by DOE and the Department of Homeland Security in 2006. The final

appropriation was $65 million. It included $10 million less than the request for PNNL, but the

explanatory statement directed DOE to increase future funding for PNNL by $10 million to

restore the baseline.

Nuclear Waste Disposal

DOE’s Office of Civilian Radioactive Waste Management (OCRWM) is responsible for

developing a nuclear waste repository at Yucca Mountain, Nevada, for disposal of nuclear reactor

spent fuel and defense-related high-level radioactive waste.

The omnibus appropriations act provides $386.5 million in FY2008 for the nuclear waste

program (including the rescission), about $50 million below the FY2007 level and more than

$100 million below the Administration’s $494.5 million request. The funding cut may affect

OCRWM’s plans to submit the Yucca Mountain license application to the Nuclear Regulatory

Commission by June 30, 2008, and the current goal of opening the repository by 2017. The

House had approved the full request, while the Senate Appropriations panel had voted to hold the

program at $446.1 million, about the FY2007 level.

Funding for the program is provided under two appropriations accounts. The Administration

requested $202.5 million from the Nuclear Waste Fund, which holds fees paid by nuclear utilities.

An additional $292.0 million was requested in the Defense Nuclear Waste Disposal account,

14

Dennis Normile, “U.S. Wavers Again on ITER,” ScienceNOW Daily News, December 21, 2007

http://sciencenow.sciencemag.org/cgi/content/full/2007/1221/1.

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which pays for disposal of high-level waste from the nuclear weapons program in the planned

Yucca Mountain repository. The omnibus measure provides $187.3 million from the Nuclear

Waste Fund and $199.2 million under the Defense Nuclear Waste Disposal account (with both

figures reflecting the rescission).

The Nuclear Waste Policy Act of 1982 (NWPA, P.L. 97-425), as amended, names Yucca

Mountain as the sole candidate site for a national geologic repository. Congress passed an

approval resolution in July 2002 (H.J.Res. 87, P.L. 107-200) that authorized the Yucca Mountain

project to proceed to the licensing phase.

NWPA required DOE to begin taking waste from nuclear plant sites by January 31, 1998. Nuclear

utilities, upset over DOE’s failure to meet that deadline, have won two federal court decisions

upholding the department’s obligation to meet the deadline and to compensate utilities for any

resulting damages. Utilities have also won several cases in the U.S. Court of Federal Claims.

DOE estimates that liability payments will total $7 billion if Yucca Mountain begins receiving

waste by 2017 and $11 billion if the repository’s opening is delayed until 2020.15 (For more

information, see CRS Report RL33461, Civilian Nuclear Waste Disposal, by (name redacted).)

Loan Guarantees

Congress established the DOE Innovative Technology Loan Guarantee Program in the Energy

Policy Act of 2005. The act authorized loan guarantees for energy projects using “new or

significantly improved technologies” to reduce greenhouse gas emissions.

The omnibus act allows DOE to guarantee repayment of up to $38.5 billion in loans for energy

projects during FY2008 and FY2009. Of that amount, $18.5 billion is for nuclear power plants,

$6 billion for coal projects that incorporate carbon capture and sequestration, $2 billion for

advanced coal gasification, $10 billion for renewable energy and energy efficiency projects, and

$2 billion for uranium enrichment and other “front end” nuclear fuel cycle facilities. DOE must

submit an implementation plan to the House and Senate Appropriations Committees at least 45

days before issuing the loan guarantees.

In the FY2008 request, the Administration sought $9 billion in loan guarantee authority

(including $2 billion previously requested for FY2007). The House approved $7 billion in loan

guarantees for FY2008, allocating $2 billion for coal, $4 billion for biofuels, and $1 billion for

electric transmission and renewable power systems, specifically omitting the Administration’s

mention of nuclear power. The Senate Appropriations Committee’s version of the bill did not cap

the loan guarantee level or specify eligible technologies.

Nuclear Weapons Stockpile Stewardship

Congress established the Stockpile Stewardship Program in the FY1994 National Defense

Authorization Act (P.L. 103-160) “to ensure the preservation of the core intellectual and technical

competencies of the United States in nuclear weapons.” The program is operated by the National

Nuclear Security Administration (NNSA), a semiautonomous agency within DOE that Congress

15

Statement of Edward F. Sproat III, Director of the Office of Civilian Radioactive Waste Management, Before the

House Budget Committee, October 4, 2007.

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established in the FY2000 National Defense Authorization Act (P.L. 106-65, Title XXXII). It

seeks to maintain the safety and reliability of the U.S. nuclear stockpile.

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

main elements of stockpile stewardship, described below, are Directed Stockpile Work (DSW),

Campaigns, and Readiness in Technical Base and Facilities (RTBF). Table 11 presents funding

for these elements. NNSA manages two programs outside of Weapons Activities: Defense

Nuclear Nonproliferation, discussed later in this report, and Naval Reactors.

Most stewardship activities take place at the nuclear weapons complex, which consists of three

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

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

MO; Pantex Plant, TX; Savannah River Site, SC; and Y-12 Plant, TN); and the Nevada Test Site.

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

Table 11. Funding for Weapons Activities

($ millions)

FY2007

Operating Plan

FY2008

Request

House

Senate

Approps. Cmte.

Consolidated

Approps. Act

DSW

$1,425.7

$1,447.2

$1,336.6

$1,409.5

$1,413.9

Campaigns

1,979.0

1,866.2

1,725.2

1,933.2

1,890.7

RTBF

1,613.2

1,662.1

1,479.6

1,659.2

1,652.1

Othera

1,257.7

1,535.7

1,337.7

1,487.1

1,398.9

Total

6,275.6

6,511.3

5,879.1

6,489.0

6,355.6

Program

Sources: DOE FY2008 Congressional Budget Request, vol. 1 (NNSA), p. 59; U.S. Department of Energy, FY

2007 Operating Plan by Appropriation, March 16, 2007, pp. 15-21; U.S. Congress. House. Committee on

Appropriations. Energy and Water Development Appropriations Bill, 2008, 110th Congress, 1st Session, H.Rept. 110185, pp. 136-140; U.S. Congress. Senate. Committee on Appropriations. Energy and Water Appropriations Bill,

2008, 110th Congress, 1st Session, S.Rept. 110-127, pp. 193-198; and U.S. Congress. House. Committee on Rules.

Text of the House Amendments to Senate Amendment to H.R. 2764—State, Foreign Operations, and Related Programs

Appropriations Act, 2008 (Consolidated Appropriations Act, 2008). Joint Explanatory Statement to Accompany

Consolidated Appropriations Amendment, Division C—Energy and Water, pp. 58e-58h.

Notes: Does not reflect applicable rescissions. Details may not add to totals due to rounding. DSW, Directed

Stockpile Work; RTBF, Readiness in Technical Base and Facilities.

a.

Includes Secure Transportation Asset, Nuclear Weapons Incident Response, Facilities and Infrastructure

Recapitalization Program, Environmental Projects and Operations, Safeguards and Security, and several

adjustments.

The FY2008 request document includes data from NNSA’s Future Years Nuclear Security

Program (FYNSP), which projects the budget and components through FY2012 (see Table 12).

Table 12. NNSA Future Years Nuclear Security Program

($ millions)

FY2008

FY2009

FY2010

FY2011

FY2012

DSW

$1,447.2

$1,483.4

$1,520.5

$1,558.5

$1,597.5

Campaigns

1,866.2

1,916.6

1,941.1

1,933.7

1,942.0

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FY2008

FY2009

FY2010

FY2011

FY2012

RTBF

1,662.1

1,698.4

1,765.5

1,862.7

1,952.6

Othera

1,535.7

1,606.6

1,677.0

1,756.0

1,831.9

Total

6,511.3

6,705.0

6,904.0

7,111.0

7,324.0

Source: DOE FY2008 Congressional Budget Request, vol. 1 (NNSA), pp. 59, 60.

Note: Does not reflect applicable rescissions. Details may not add to totals because of rounding.

a.

Includes Secure Transportation Asset, Nuclear Weapons Incident Response, Facilities and Infrastructure

Recapitalization Program, Environmental Projects and Operations, Safeguards and Security, and several

adjustments.

Nuclear Weapons Complex Reconfiguration

In testimony before the House Appropriations Committee’s Energy and Water Subcommittee in

March 2004, the Secretary of Energy agreed to conduct a review of reconfiguring the nuclear

weapons complex (the “Complex”). The committee’s FY2005 energy and water report contained

a requirement for that study. The committee was concerned about high costs, the security of

fissile material distributed among many sites, and the size and age of the Complex. A task force

of the Secretary of Energy Advisory Board released its final report in October 2005. It

recommended a Consolidated Nuclear Production Center (CNPC) that would make nuclear

components (such as those of uranium or plutonium) and would assemble and dismantle nuclear

weapons. It recommended consolidating uranium and plutonium, and probably closing several

current sites. The House Appropriations Committee, in its FY2007 report, supported the task

force’s recommendations and rejected NNSA’s “Complex 2030” plan to modernize the Complex

with less consolidation. The committee recommended $100.0 million “for transition planning, site

selection, and preliminary design and development for a consolidated nuclear production site for

reliable replacement warheads and stockpile support.” The bill as passed by the House provided

this sum. NNSA had not requested funds for this purpose. The Senate Appropriations Committee

did not recommend funds for this purpose, and the DOE FY2007 operating plan did not include

such funds. For FY2008, NNSA did not request funds for CNPC, but did request funds

throughout its proposed budget for upgrading and consolidating the Complex. In January 2007, it

submitted a report to Congress on its plan for transforming the Complex. This plan included

evaluation of CNPC in a draft Supplement to the Stockpile Stewardship and Management

Programmatic Environmental Impact Statement for Complex 2030.

The House Appropriations Committee, in its FY2008 report, expressed extreme displeasure with

the Administration’s rationale for the nuclear weapons program and with NNSA’s plan for the

Complex. It stated that the Reliable Replacement Warhead program (RRW, discussed below) and

Complex 2030 “are being proposed in a policy vacuum without any Administration statement on

the national security environment that the future nuclear deterrent is designed to address.”

Accordingly, “The Committee believes it is premature to proceed with further development of the

RRW or a significant nuclear complex modernization plan, until a three-part planning sequence is

completed.” This sequence has three elements: “a comprehensive nuclear defense and

nonproliferation strategy”; a detailed description translating that strategy into a “specific nuclear

stockpile”; and “a comprehensive, long-term expenditure plan, from FY2008 through FY2030....”

“The Committee views completion of this three-part planning sequence as a necessary condition

before considering additional funding for Complex 2030 and RRW activities.” It noted its “strong

reservations” on Complex 2030 and stated that “NNSA continues to pursue a policy of rebuilding

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and modernizing the entire complex in situ without any thought given to a sensible strategy for

long-term efficiency and consolidation.”

The Senate Appropriations Committee expressed concern with NNSA’s plans for the Complex. It

felt that there was an inadequate linkage between warheads, the Complex, and strategy.

“Congress should have a more vigorous analysis and debate of our national strategic defense

policy prior to deciding whether to continue or terminate RRW development.” Further,

The Committee rejects the Department’s premature deployment of the NNSA Complex 2030

consolidation effort. This plan was based on the adoption and deployment of the Reliable

Replacement Warhead systems. The Government Accountability Office found this proposal

to be lacking critical details about the size and military mission of the RRW system, which

of course would dictate the size and makeup of the future stockpile including the necessity

for a new pit manufacturing capability.

The committee also expressed concern about “sustaining the science capability at the

laboratories.” It directed DOE to provide (1) a comprehensive, long-term strategy for

computation at the labs and (2) an R&D plan “that addresses unresolved physics and materials

questions.”

The joint explanatory statement accompanying the consolidated appropriations bill said, “The

Congress agrees to the direction contained in the House and Senate reports requiring the

Administration ... to develop and submit to the Congress a comprehensive nuclear weapons

strategy for the 21st century.”

On December 18, 2007, NNSA announced its plans for the Complex, called Nuclear Weapons

Complex Transformation. This plan, to be more fully described in a draft supplemental

programmatic environmental impact statement to be released in January 2008, would retain

existing sites, reduce the weapons program footprint by as much as one-third, close or transfer

from weapons activities about 600 structures, reduce the number of weapons workers by 20-30%,

dismantle weapons more rapidly, and build several major new facilities, such as a Uranium

Processing Facility at Y-12 Plant, a Weapons Surveillance Facility at Pantex Plant, and a

Chemistry and Metallurgy Research Replacement Nuclear Facility at Los Alamos National

Laboratory.16

Directed Stockpile Work (DSW)

This program involves work directly on nuclear weapons in the stockpile, such as monitoring

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

modifications; R&D in support of specific warheads; and dismantlement. The FY2008 DSW

request would support life extension programs for the B61 gravity bomb and the W76 warhead

for Trident II submarine-launched ballistic missiles. It would fund surveillance and maintenance

for eight warhead types, dismantlement and disposition of retired warheads and components, and

16

U.S. Department of Energy. National Nuclear Security Administration. “NNSA Releases Draft Plan to Transform

Nuclear Weapons Complex.” Press release, December 18, 2007, at

http://www.nnsa.doe.gov/docs/newsreleases/2007/PR_2007-12-18_NA-07-64.htm; National Nuclear Security

Administration, “Nuclear Weapons Complex Transformation,” with links to plans for each site, at

http://www.nnsa.doe.gov/complextransformation.htm; and Walter Pincus, “Administration Plans to Shrink U.S.

Nuclear Arms Program,” Washington Post, December 19, 2007, p. 1.

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management and technology work linked to multiple warhead types or to no specific warhead

type. It also included funds for the Reliable Replacement Warhead (RRW) program.

RRW originated as a funded program in the FY2005 Consolidated Appropriations Act, P.L. 108447, which included $9.0 million for the program and described it as a “program to improve the

reliability, longevity, and certifiability of existing weapons and their components.” For FY2006,

Congress appropriated $24.8 million. The FY2007 operating plan included $35.8 million, and the

FY2008 request is $88.8 million. Outyear projections are FY2009, $99.8 million; FY2010,

$109.2 million; FY2011, $167.4 million; and FY2012, $179.9 million. (See CRS Report

RL32929, The Reliable Replacement Warhead Program: Background and Current Developments,

by Jonathan Medalia, and CRS Report RL33748, Nuclear Warheads: The Reliable Replacement

Warhead Program and the Life Extension Program, by Jonathan Medalia.)

Although RRW is a small part of the NNSA budget, the House Appropriations Committee, in its

FY2006 report, viewed it as enabling large changes, such as transitioning the Complex “from a

large, expensive Cold War relic into a smaller, more efficient modern complex” and allowing

“long-term savings by phasing out the multiple redundant Cold War warhead designs that require

maintaining multiple obsolete production technologies.” The Senate Appropriations Committee

stated that the recommended funding increase for RRW is “to accelerate the planning,

development and design for a comprehensive RRW strategy that improves the reliability,

longevity and certifiability of existing weapons and their components.” The conference report

emphasized that RRW “must stay within the military requirements of the existing deployed

stockpile” and “must stay within the design parameters validated by past nuclear tests.” P.L. 109163, the FY2006 National Defense Authorization Act, section 3111, set seven objectives for the

RRW program, including “[t]o increase the reliability, safety, and security of the United States

nuclear weapons stockpile” and “[t]o further reduce the likelihood of the resumption of

underground nuclear weapons testing.”

For FY2007, the Administration requested $27.7 million for RRW. The House Appropriations

Committee linked RRW with a restructured, smaller, and consolidated nuclear weapons complex:

“The Committee supports the RRW, but only if it is part of a larger package of more

comprehensive weapons complex reforms.” It recommended $52.7 million for RRW but

restricted use of the additional $25.0 million until NNSA delivered an infrastructure plan to

Congress. The committee also directed NNSA to have the JASON Defense Advisory Group

conduct a peer review of competing RRW designs and to analyze the premise of RRW—that a

new warhead can be designed and deployed without nuclear testing. The bill as passed by the

House left these provisions unchanged.

Also under DSW, the committee (1) reduced the $232.7 million request for warhead life

extension programs by $80.0 million, directed NNSA to terminate the life extension program for

the W80 warhead for cruise missiles, and used the funds to support weapons complex

transformation, and (2) increased funding for warhead dismantlement from $75.0 million to

$105.0 million to accelerate that activity. The bill as passed by the House left these provisions

unchanged.

The Senate Appropriations Committee supported RRW. It found, “The directors of Los Alamos,

Sandia and Livermore National Labs and the Commander, U.S. Strategic Command share the

belief that maintaining incremental modifications to the existing and highly optimized legacy

systems [i.e., life extension programs (LEPs) of warheads now in the stockpile] is not

sustainable.” It “urges the NNSA to accelerate the transition to a responsive infrastructure and to

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proceed expeditiously with the RRW design.” It noted that DOD and the Nuclear Weapons

Council no longer support the W80 LEP, and provided $10.0 million for a design competition for

a second RRW in lieu of W80 LEP activities. It recommended $62.7 million for RRW and

reducing funds for warhead dismantlement to $35.0 million, preferring to ensure that facilities for

disassembling pits and for fabricating mixed-oxide fuel will be built before providing full

funding. DOE’s FY2007 operating plan included $35.8 million for RRW, $264.4 million for Life

Extension Programs, and $75.0 million for weapons dismantlement and disposition.

NNSA requested $88.8 million for RRW for FY2008. (The Navy requested an additional $30.0

million for RRW; those funds are in the defense appropriations bill and are not discussed here.)

NNSA had planned to use the FY2008 RRW funds mainly to develop a detailed cost, scope, and

schedule baseline for RRW. Other DSW funds requested for FY2008 include $238.7 million for

Life Extension Programs, $346.7 million for Stockpile Systems, $52.3 million for Weapons

Dismantlement and Disposition, and $720.8 million for Stockpile Services. The latter category

includes, for example, funds for production support, safety, and other work supporting multiple

warhead types or otherwise not linked to one specific warhead.

The House Appropriations Committee expressed extreme dissatisfaction with the RRW program.

Its FY2008 report stated, “The Committee finds the RRW program the DoD and NNSA have

pursued at the direction of Congress goes far beyond the scope and purpose of the original

congressional language and intent.... The Committee is unconvinced that pursuing the RRW

design competition to a production phase is necessary at this time.” Further,

A particularly troubling issue for the Committee related to the RRW proposal is the

contradictory U.S. policy position of demanding other nations give up their nuclear

ambitions while the U.S. aggressively pursues a program to build new nuclear warheads. The

Administration needs to develop a policy rationale that explains why the RRW program is

not contradictory and does not undermine our international nuclear nonproliferation goals.

As noted above, the committee felt it necessary to have the planning sequence described earlier

before continuing RRW design activities; accordingly, it recommended providing no funds for

RRW for FY2008.

The committee recommended providing $1,336.6 million for DSW, a reduction of $110.6 million

from the request. This reflects reductions of $88.8 million for RRW, $27.4 million for Stockpile

Systems because of the termination of W80 warhead activities, and $115.5 million for Stockpile

Services, and an increase of $121.0 million for weapons dismantlement and disposition.

Regarding the latter category, the committee stated that DOE “must view dismantlement as a

priority in and of itself, rather than as a workload leveling function to fill-in for down times in the

life extension workload at Pantex.” The committee also recommended transferring NNSA’s

activity to build a Pit Disassembly and Conversion Facility from the Office of Defense Nuclear

Nonproliferation to the Office of Defense Programs, and directed DOE to begin the siting process

to build the facility at Pantex Plant (TX) rather than at Savannah River Site (SC) to avoid security

risks in transporting pits from Texas to South Carolina.

The Senate Appropriations Committee provided $66.0 million for NNSA for RRW in order to

complete Phase 2A. As noted earlier, it made clear that it was not committed to proceeding with

Phase 3 but wanted “a more vigorous analysis and debate” first. It wanted more information to

help with this decision, such as characteristics of the future stockpile, the possible effects of RRW

on U.S. nuclear nonproliferation efforts, and comparative costs of RRW vs. LEP. “It will be

incumbent upon NNSA to provide specific details as to how many RRW weapons will be

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manufactured, how the Department of Defense intends to integrate the system into the stockpile

and how many weapons from the existing deterrent can be retired.” While it recommended funds

to continue Phase 2A work on the first RRW type, it barred the use of funds for initial research on

a second RRW type. In other areas of DSW, the committee recommended a net reduction of $37.7

million ($22.8 million from RRW, and $14.9 million, the entire amount requested, from

“responsive infrastructure,” a management program to support decisions on the Complex). It

expressed concern with cost growth in the W76 LEP and commended DOE for recent efforts to

increase the rate at which it dismantled nuclear warheads.

The consolidated appropriations bill eliminated NNSA funds for RRW. The explanatory statement

said, “Congress believes a new strategic nuclear deterrent mission assessment for the 21st century

is required to define the associated stockpile requirements and determine the scope of the

weapons complex modernization plans.” The largest change under DSW was to increase funding

for weapons dismantlement and disposition from $52.3 million requested to $135.9 million. The

bill also provided funds for the Pit Disassembly and Conversion Facility at Savannah River Site

rather than at Pantex.

Campaigns

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

and technical support to the directed stockpile work on the nuclear weapons stockpile.” The

FY2008 request includes six Campaigns, each with multiple components: Science, Engineering,

Inertial Confinement Fusion and High Yield, Advanced Simulation and Computing, Pit

Manufacturing and Certification, and Readiness. Many items within Campaigns have significance

for policy decisions. As one example, the Science Campaign’s goals include improving the ability

to assess warhead performance without nuclear testing, improving readiness to conduct 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, the Dual-Axis Radiographic

Hydrotest Facility at Los Alamos National Laboratory, and the Microsystems and Engineering

Sciences Applications Complex at Sandia National Laboratories.

NNSA’s proposal to build a Modern Pit Facility (MPF) had been controversial for years. A pit is

the fissile core of a nuclear weapon that is used to trigger a thermonuclear explosion. The United

States has been unable to manufacture pits that can be certified for use in the stockpile since

1989. Los Alamos has a small-scale pit manufacturing facility, called TA-55; NNSA’s plan is that

TA-55 would be able to manufacture 10 pits per year by the end of FY2007 and 30-50 RRW pits

per year by FY2012, but NNSA saw that capacity as insufficient to maintain the stockpile and

favored building MPF, with a capacity of perhaps 125 pits per year. H.R. 2419, the FY2006

Energy and Water Development Appropriations Bill, as passed by the House, eliminated MPF

funds until “capacity requirements tied to the long-term stockpile size are determined” and “until

the long-term strategy for the physical infrastructure of the weapons complex has incorporated

the Reliable Replacement Warhead strategy.” The bill as passed by the Senate provided the

amount requested for MPF, $7.7 million. The appropriation bill, as passed, provided no funds for

MPF. Conferees on the energy and water bill directed NNSA to focus instead on improving

manufacturing capability at TA-55. NNSA requested no funds for MPF for FY2007 and instead

planned to increase capacity at TA-55. It requested $237.6 million for the Pit Manufacturing and

Certification campaign for FY2007; H.R. 5427 as passed by the House provided that amount, and

the Senate Appropriations Committee recommended that amount. The FY2007 operating plan

included $242.4 million for this campaign, and the FY2008 request is $281.2 million. NNSA

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envisions a new pit manufacturing facility able to deliver 125 pits per year to the stockpile by

2022 as part of Complex 2030.17

The House Appropriations Committee recommended providing $150.0 million for pit

manufacturing and certification for FY2008, a reduction of $131.2 million on grounds that the

request has funds in multiple lines “that assume a preferred future programmatic approach” that

“ensures unnecessary expenditures and lack of accountability.” It linked pit funding to the

strategic plan discussed above:

The Committee will not continue to fund activities that are not part of a clearly articulated

facilities strategy. Until the Committee receives a new nuclear weapons strategic plan that

addresses the future requirements for plutonium production, including specifically how

plutonium facilities factor into supporting the future stockpile, the Committee will not

support funding activities that assume a modernization-in-place strategy for the current

nuclear weapons complex.

The Committee recommendation includes no funds for the consolidated plutonium center

proposal.

The Senate Appropriations Committee recommended $256.3 million for pit manufacturing for

FY2008, a reduction of $24.9 million. It “does not endorse the consolidated plutonium center and

has not provided any funding for this activity” because DOD “has been unable to articulate a

coherent policy and pit requirement for the stockpile.”

The consolidated appropriations bill provided $215.8 million for pit manufacturing and

certification. It provided no funds for the consolidated plutonium center. According to the

explanatory statement,

Until a modern nuclear weapons strategy, including required pit production capacity defined

by nuclear stockpile requirements, is developed, the NNSA is directed to constrain the outyear planning for plutonium operations to a pit production capacity no greater than 80 pits

per year. The NNSA Administrator is directed to provide quarterly reports to the Committees

on Appropriations on pit production, with the first report due on April 1, 2008.

The appropriate test readiness posture—the time between a presidential order to resume testing

and the conduct of the test—has been contentious. The posture was set at 24 to 36 months after

the Cold War, but NNSA and others expressed concern that it had become 36 months or more.

The Administration and Congress sought to shorten it, but there was a dispute over how much.

NNSA and the Armed Services Committees favored an 18-month posture on grounds that it

would take that long to prepare a test but that any testing should not be delayed beyond that time.

The Appropriations Committees favored a 24-month posture, seeing an 18-month posture as

provocative and more costly. The FY2006 appropriation was $19.8 million. In its FY2007

request, NNSA stated that it achieved a 24-month readiness posture in FY2005 and planned to

maintain that posture at least through FY2011. It stated that the posture is 18 months “under

current law” but that it “has thus far been limited to 24 months by Congressional funding.” The

FY2007 test readiness request was $14.8 million, and NNSA’s operating plan included $14.6

million.

17

U.S. Department of Energy. National Nuclear Security Administration. Office of Defense Programs. Complex 2030:

An Infrastructure Planning Scenario for a Nuclear Weapons Complex Able to Meet the Threats of the 21st Century,

DOE/NA-0013, October 2006, p. 11.

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For FY2008, NNSA requested no funds for test readiness, but plans to request funds for FY2009.

The House provided $20.0 million for test readiness to restore funding to this activity and keep it

from being degraded. The House Appropriations Committee stated that it was “baffled by the

Administration’s decision to eliminate funding for nuclear test readiness after four budget cycles

of insisting that shortening to an 18-month test readiness posture was required for national

security reasons.” The Senate Appropriations Committee recommended no funds for test

readiness. The consolidated appropriations bill provided $5.0 million for this activity.

The consolidated appropriations bill provided $15.0 million for a new campaign, Advanced

Certification, to be “focused very narrowly on addressing the long-term scientific issues related to

continued certification of the nuclear stockpile without underground nuclear testing and [certain]

scientific uncertainties.”

The Engineering Campaign includes the Enhanced Surveillance Program (ESP), which seeks to

develop “predictive capabilities for early identification and assessment of stockpile aging

concerns ... to give NNSA a firm basis for determining when systems must be refurbished.” It is

conducting experiments to determine the service life of pits based on plutonium aging

characteristics. The FY2007 request for ESP was $86.5 million, the operating plan provided $87.5

million, and the FY2008 request is $80.6 million. The House provided the requested funding both

for ESP and for the entire Engineering Campaign, $152.7 million. The Senate Appropriations

Committee recommended providing the requested funding for the Engineering Campaign,

excepting an addition of $20.0 million for Enhanced Surety to “accelerate efforts ... to increase

the safety, security and improved surveillance of nuclear weapons in the existing stockpile by

developing modern surety technologies. ...” The consolidated appropriations bill provided $171.1

million for the Engineering Campaign, vs. $152.7 million requested. It added $9.6 million for

Enhanced Surety and authorized transfer of $10.0 million for refurbishing an ion beam laboratory

at Sandia National Laboratories.

According to NNSA, the Inertial Confinement Fusion (ICF) and High Yield Campaign “is to

develop laboratory capabilities to create and measure extreme conditions ... approaching those in

a nuclear explosion, and conduct weapons-related research in these environments.” A key part of

this campaign is the National Ignition Facility (NIF) at Lawrence Livermore National Laboratory,

which is already the world’s most powerful laser. NNSA plans to complete the NIF project by

March 30, 2010.

Cost growth of NIF has been of concern to Congress. Total project cost was originally estimated

at $1,073.6 million in FY1996; the current estimate is $3,502.4 million. 18 For FY2007, NNSA

requested $451.2 million for this campaign, of which $111.4 million was for NIF construction.

H.R. 5427, as passed by the House, provided $528.2 million for this campaign, including the

requested amount for NIF construction. The Senate Appropriations Committee said NNSA was

pursuing “a NIF-at-all-costs strategy.” It continued, “The NNSA has pursued this agenda as a

means to justify an aggressive spending baseline at the expense of more compelling stewardship

responsibilities in the ICF campaign. The NNSA has proven unable to maintain a balanced ICF

and high yield research program. As such the Committee has reallocated funding out of NIF

demonstration and Construction activities to ensure that there is adequate program balance.” It

recommended funding the campaign at $412.3 million and, within that sum, funding NIF

18

U.S. Department of Energy, FY 2008 Congressional Budget Request, vol. 1, National Nuclear Security

Administration, DOE/CF-014 (February 2007), p. 160.

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construction at $81.4 million. The FY2007 operating plan included $489.7 million for this

campaign, of which $111.4 million was for NIF construction.

The FY2008 request is $412.3 million, including $10.1 million for NIF construction. NNSA

states that this latter decrease “reflects ramp down of construction work as the project nears

completion.” The House Appropriations Committee recommended increasing the request by

$111.8 million to support reaching the 2010 ignition goal. The Senate Appropriations Committee

recommended increasing the request by $46.9 million, of which $28.9 million was shifted from

RTBF, mainly “to fully reestablish experimental capabilities on the refurbished Z facility” at

Sandia National Laboratories in Albuquerque, NM. The Z facility is an inertial confinement

fusion machine that uses high-energy x-rays (instead of lasers, as with NIF) to generate high

energy densities for such tasks as research on materials and components, to evaluate performance

of plutonium in nuclear weapons without nuclear testing, and to provide data used in validating

computer simulations for stockpile stewardship including the Life Extension Program. The

consolidated appropriations bill provided $474.4 million for the Inertial Confinement Fusion

campaign, including an additional $15.1 million to accelerate NIF target development, restoration

of $29.7 million for the Inertial Fusion Technology program, and an additional $13.0 million for

Z machine operations. The bill provided another $28.9 million for Z machine operations under

Readiness in Technical Base and Facilities.

Readiness in Technical Base and Facilities (RTBF)

This program funds infrastructure and operations at nuclear weapons complex sites. The FY2007

operating plan included $1,613.2 million, and the FY2008 request is $1,662.1 million. RTBF has

six subprograms. The largest is Operations of Facilities ($1,150.1 million in the FY2007

operating plan, $1,159.3 million requested for FY2008). Others include Program Readiness,

which supports activities occurring at multiple sites or in multiple programs ($75.2 million in the

FY2007 operating plan, $71.5 million requested for FY2008), and Material Recycle and

Recovery, which recovers plutonium, enriched uranium, and tritium from weapons production

and disassembly ($70.0 million in the FY2007 operating plan, $70.0 million requested for

FY2008). Construction is a separate category within RTBF; the FY2007 operating plan included

$262.5 million, and the FY2008 request is $307.1 million.

For FY2007, the House Appropriations Committee recommended reducing RTBF by $27.0

million from the request, including an increase of $73.0 million for Operations of Facilities and a

reduction of $100.0 million, from a request of $112.4 million, for a Chemistry and Metallurgy

Research Facility Replacement (CMRR) at Los Alamos. CMRR would replace a building about

50 years old that, among other things, conducts research into plutonium and supports pit

production at TA-55. The committee stated that CMRR construction should be terminated and

“[p]roduction capabilities proposed in the CMRR should be located at the future production site

that supports the RRW and long term stockpile requirements.” The committee noted that NNSA

proposed to build a Consolidated Plutonium Production Center by 2022, so that “CMRR will

serve its primary production support function for only eight years before it is made obsolete by

the new plutonium facility.” The House did not change these provisions in considering H.R. 5427.

The Senate Appropriations Committee recommended $1,780.8 million for RTBF, including the

amount requested for CMRR: “The Committee firmly believes [CMRR] will continue to play a

central role in the plutonium mission at Los Alamos and is needed to support the research and

chemistry mission of plutonium activities.” The FY2007 operating plan included $53.4 million

for CMRR, and the FY2008 request includes $95.6 million.

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The House Appropriations Committee recommended the following amounts for RTBF for

FY2008: for the entire program, $1,479.6 million, a reduction of $182.5 million from the request;

Operations of Facilities, $1,041.4 million, a reduction of $117.9 million; Program Readiness,

$71.5 million, as requested; Material Recycle and Recovery, $73.0 million, an increase of $3.0

million; and construction, $236.5 million, a reduction of $70.6 million. The committee

recommended no funds for CMRR, instead of the $95.6 million requested, to halt construction at

the facility. It stated,

Proceeding with the CMRR project as currently designed will strongly prejudice any nuclear

complex transformation plan. The CMRR facility has no coherent mission to justify it unless

the decision is made to begin an aggressive new nuclear warhead design and pit production

mission at Los Alamos National Laboratory. The NNSA is directed to develop a long-term

plan to maintain the nation’s nuclear stockpile requirements that does not assume an a priori

case for the current program.

The Senate Appropriations Committee recommended the following amounts for RTBF for

FY2008: for the entire program, $1,659.2 million, a reduction of $2.9 million from the request;

Operations of Facilities, $1,126.4 million, a reduction of $32.9 million; Program Readiness, $71.5

million, as requested; Material Recycle and Recovery, $65.0 million, a reduction of $5.0 million;

and construction, $352.1 million, an increase of $45.0 million. The committee recommended the

$95.6 million requested for CMRR.

The consolidated appropriations bill provided $1,652.1 million for RTBF, $10.0 million less than

the request, including $74.8 million for CMRR construction.

Other Programs

Weapons Activities includes four smaller programs in addition to DSW, Campaigns, and RTBF.

•

Secure Transportation Asset provides for the transport of nuclear weapons,

components, and materials safely and securely. It includes special vehicles used

for this purpose, communications and other supporting infrastructure, and threat

response. The FY2007 request was $209.3 million and the FY2007 operating

plan included $209.5 million. The FY2008 request is $215.6 million, and the

House and Senate Appropriations Committees recommended that amount. The

consolidated appropriations bill provided $213.4 million.

•

Nuclear Weapons Incident Response provides for use of DOE assets to manage

and respond to a nuclear or radiological emergency within DOE, in the United

States, or abroad. The FY2007 request was $135.4 million, and the FY2007

operating plan included $133.5 million. The FY2008 request is $161.7 million,

and the House and Senate Appropriations Committees recommended that

amount. The consolidated appropriations bill provided $160.1 million.

•

Facilities and Infrastructure Recapitalization Program (FIRP) provides for

deferred maintenance and infrastructure improvements for the nuclear weapons

complex. NNSA states that the purpose of RTBF, in contrast, is to “ensure that

facilities necessary for immediate programmatic workload activities are

maintained sufficiently.” The FY2007 request for FIRP was $291.2 million. The

House Appropriations Committee recommended reducing the latter sum by

$145.0 million, and “directs the NNSA to reassess its out-year planning for FIRP

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projects to ensure coordination between FIRP funds and the reduced facility

requirements consistent with the consolidation of the complex under the longterm Responsive Infrastructure planning.” H.R. 5427 as passed by the House, left

these provisions unchanged. The Senate Appropriations Committee made a

number of changes to FIRP and recommended $283.2 million. It said the funds

were “to restore, rebuild, and revitalize the physical infrastructure of the nuclear

weapons complex.” The FY2007 operating plan included $169.4 million. The

FY2008 request is $293.7 million; the House Appropriations Committee

recommended $137.7 million on grounds that NNSA should reassess how it will

use the final years of FIRP funding in a way that is consistent with long-term

plans for Complex transformation. The Senate Appropriations Committee

recommended $262.7 million, urging that the “old facilities” that FIRP addresses

“continue to be a drain on resources and should be demolished or disposed of as

quickly as possible.” The consolidated appropriations bill provided $181.6

million.

•

Safeguards and Security (S&S) provides operations and maintenance funds for

physical and cyber security, and related construction. In the wake of 9/11, the

relevant threats and the Design Basis Threat changed. Ambassador Linton

Brooks, then Administrator of NNSA, stated in 2005, “We must now consider the

distinct possibility of well-armed and competent terrorist suicide teams seeking

to gain access to a warhead in order to detonate it in place. This has driven our

site security posture from one of ‘containment and recovery’ of stolen warheads

to one of ‘denial of any access’ to warheads. This change has dramatically

increased security costs for ‘gates, guns, guards’ at our nuclear weapons sites.”

The cost of S&S is a major concern for Congress and NNSA. Many changes

have been proposed to reduce Complex security costs, such as reducing the area

to be guarded by reducing the footprint of several sites and by consolidating

uranium and plutonium at fewer sites. The FY2006 S&S appropriation was

$797.8 million. The FY2007 request was $754.4 million, and the FY2007

operating plan included $761.2 million. The FY2008 request is $881.1 million.

(The foregoing figures do not reflect S&S offsets for work for others of $32.0

million for FY2006, $33.0 million for FY2007, and $34.0 million for FY2008.)

The House Appropriations Committee recommended $911.6 million for S&S, an

increase of $30.5 million. The Senate Appropriations Committee recommended

$893.1 million, an increase of $12.0 million. The increase would be used to

complete cyber security upgrades of a secure network at Los Alamos. The

committee expressed its frustration with “the continued climb in funding” for

S&S, and recommended that the National Academy of Sciences report on S&S

issues, including cost growth. The consolidated appropriations bill provided

$907.6 million. It added $14.8 million to refurbish one building and complete

another at Idaho National Laboratory to consolidate and store uranium and

plutonium, and for other missions.

Nonproliferation and National Security Programs

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 included in the National Nuclear Security

Administration (NNSA).

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Table 13. DOE Defense Nuclear Nonproliferation Programs

($ millions)

FY2007

FY2008

Request

House

Senate

Comm.

Finala

Nonproliferation & Verification R&D

$270.4

$265.3

$440.4

$322.3

$365.8

Nonproliferation & International Securityb

128.9

124.9

144.9

210.9

151.4

International Materials Protection, Control and

Accounting (MPC&A)

472.7

371.8

831.8

391.8

630.2

Elimination of Weapons-Grade Plutonium Production

225.7

181.6

191.6

152.6

181.6

666.5

66.8

Program

Fissile Materials Disposition

470.1

609.5

66.8c

Global Threat Reduction Initiative

115.5

119.6

251.3

185.6

195.0

—

—

—

(57.0)

(322.0)

1,683.3

1,672.6

2,070.6

1,872.6

1,336.9

Use of prior year balancesd

Total

Sources: DOE FY2008 Congressional Budget Request; P.L. 110-5; DOE FY2007 Operating Plan; H.Rept. 110185; S.Rept. 110-127, Explanatory Statement of Consolidated Appropriations Act.

Note: Numbers may not add due to rounding.

a.

Total final appropriation reflects Section 312 rescission, but subprogram amounts do not.

b.

Includes funding for two formerly separate programs: Russian Transition Initiatives and HEU Transparency

Implementation.

c.

Funding for MOX plant transferred to Nuclear Energy, and Pit Disassembly plant to NNSA.

d.

From the Russian Fissile Materials Disposition program, MOX construction, and FY1999 emergency

supplemental.

Funding for these programs in FY2007 was $1.818 billion, including $135 million appropriated

in the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Act, 2007

(H.R. 2206, P.L. 110-28). For FY2008, the Administration requested $1.673 billion. The House

Appropriations Committee recommended $1.684 billion, not including two construction projects

for which the Administration requested $393.8 million and which the Appropriations Committee

recommended moving to other programs. The omnibus funding act transfers the construction

projects as recommended by the House and includes additional offsets, resulting in a net

appropriation of $1.3369 billion (reflecting the across-the-board rescission).

The Nonproliferation and Verification R&D program was allotted $262.4 million in DOE’s

FY2007 Operating Plan; for FY2008, the Administration requested $265.3 million. The House

Appropriations Committee, citing “the urgent need to develop advanced proliferation detection

technology and nuclear explosion monitoring capability,” boosted funding for this activity to

$484.3 million. The omnibus act provides $390.8 million, not reflecting the rescission.

Nonproliferation and International Security programs include international safeguards, export

controls, and treaties and agreements. They would have received $127.41 million in the FY2007

request, including the transfer of two previously independent programs: Russian Transition

Initiatives and HEU Transparency Implementation. These three programs received $133.2 million

in FY2006. The House bill and the Senate Appropriations Committee recommendation followed

the Administration’s request. The DOE Operating plan allotted $128.9 million for FY2007. The

FY2008 request was $124.9 million. The House Appropriations Committee recommended

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increasing funding to $144.9 million. The omnibus act provides $151.4 million, not reflecting the

rescission.

International Materials Protection, Control and Accounting (MPC&A), which is concerned with

reducing the threat posed by unsecured Russian weapons and weapons-usable material, would

have received $413.18 million under the President’s FY2007 request, compared with $422.73

million appropriated for FY2006. P.L. 110-5 specified $472.7 million for this program. The

FY2008 request was $371.8 million. The House Appropriations Committee recommended

boosting MPC&A funding to $831.8 million, labeling the move “clear congressional direction to

the Administration to shift the nuclear nonproliferation issues beyond marginally supported

security programs to one accorded the highest priority in the war on world wide terror.” The

omnibus measure provides $630.2 million, not reflecting the rescission.

Requested funding for the Fissile Materials Disposition program for FY2006 was $653.1 million.

The program’s goal is disposal of U.S. surplus weapons plutonium by converting it into fuel for

commercial power reactors, including construction of a facility to convert the plutonium to

“mixed-oxide” (MOX) reactor fuel at Savannah River, South Carolina, and a similar program in

Russia. The House Appropriations Committee cut funding for the Savannah River facility sharply

for FY2006, citing delays in agreement with Russia over the program. The final appropriation for

FY2006 was $468.8 million.

For FY2007, the Administration, noting that the issue that had delayed the program in Russia had

been resolved, requested $603.3 million. However, the House Appropriations Committee report

said “in 2006 it has become clear that the Russian government is not going to participate in the

MOX-light water reactor” plan that the United States has proposed, and the House-passed version

of H.R. 5427 would have cut the funding drastically to $248.0 million. The move would have

shut down the MOX-fuel construction project at Savannah River.

The Senate Appropriations Committee in its FY2007 report likewise expressed disappointment

that the Russian government was not pursuing its program to convert surplus weapons plutonium

to MOX, but supported the continuation of the U.S. program to convert its own surplus weapons

plutonium to MOX with continued construction of the facility at Savannah River. The Senate

version of H.R. 5427 would have funded the Fissile Materials Disposition program at $618.4

million, $15 million more than requested by the Administration.

P.L. 110-5 specified that the “Secretary of Energy may not make available any of the funds

provided by this division or previous appropriations Acts for construction activities for Project

99-D-143, mixed oxide fuel fabrication facility, Savannah River Site, South Carolina, until

August 1, 2007.” DOE’s FY2007 Operating Plan allocated $470.1 million for Fissile Materials

Disposition, including $262.5 million for Project 99-D-143.

For FY2008 the Administration requested $609.5 million for Fissile Materials Disposition,

including $393.8 million for construction. The House Appropriations Committee, noting that

Russia had decided in 2006 not to pursue plutonium disposition in light water MOX reactors but

to build fast breeder reactors instead, declared the bilateral agreement a failure and asserted that

the $1.7 billion previously appropriated for facilities to be used in the U.S. side of the plutonium

disposal agreement was “without any nuclear nonproliferation benefit accrued to the U.S.

taxpayer.” The committee recommended transferring the MOX plant and another project, the Pit

Disassembly and Conversion Facility (PDCF), both at Savannah River, SC, to the nuclear energy

program and NNSA’s weapons program respectively.

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In contrast to the House action, the Senate Appropriations Committee recommended $609.5

million for the Fissile Materials Disposition program, including full funding for the MOX plant

and the PDCF, instructing DOE to “proceed expeditiously with construction” of the two facilities

and to “focus on delivering this project at cost and on time.” In view of the delays in the Russian

side of the program, the committee said it is “not backing away from the United States obligation

to provide assistance to this program” but instructed DOE to rescind $57 million already

appropriated to be directed to the U.S. construction projects.

The omnibus funding act adopted the House position, transferring the MOX plant and PDCF to

other programs. The net appropriation for the program was reduced to $66.8 million, not

reflecting the rescission.

Environmental Management

In the late 1980s, the United States ceased its production of nuclear weapons, due to military

projections that the nuclear weapons stockpile was sufficient to protect national security and

respond to future threats. The past production of these weapons generated substantial quantities of

radioactive and other hazardous wastes, and resulted in contamination of soil, groundwater, and

buildings. As a consequence, environmental problems arising from this past production continue

to present challenges today. However, potential health and environmental risks vary considerably

among individual sites, depending on the type and quantity of waste and contamination present at

each site, and the potential for exposure to wastes and contaminants.

The adequacy of funding to address health and environmental risks resulting from the past

production of nuclear weapons is a long-standing issue. DOE established the Office of

Environmental Management in 1989 to consolidate its efforts to administer the cleanup of former

nuclear weapons sites. These efforts include the disposal of radioactive and other hazardous

wastes, management and disposal of surplus nuclear materials, the remediation of soil and

groundwater contaminated from such wastes, and the decontamination and decommissioning of

excess buildings and facilities. Through this program, DOE also administers the disposal of

wastes and remediation of contamination at sites where the federal government conducted civilian

nuclear energy research. Altogether, there were 114 “geographic”19 sites in 30 states where these

activities resulted in the generation of wastes and contamination.

Some of the ongoing issues associated with the disposal of wastes and the cleanup of

contamination have been the adequacy of risk-based approaches to address these needs; the

technical soundness of waste treatment facility designs; how to safely remove, treat, and dispose

of high-level radioactive waste stored in underground tanks;20 the effectiveness and cost-savings

of incentive-based cleanup contracts; and the pace and adequacy of cleanup overall. The

challenges of the Environmental Management Program to dispose of wastes and clean up

19

DOE makes a distinction between its “geographic” sites, which represent entire facilities and the lands they occupy,

and the thousands of discrete contaminated sites located on each facility that have been, or need to be, cleaned up. One

of these geographic sites, the Waste Isolation Pilot Plant in New Mexico, was constructed as a repository to dispose of

transuranic radioactive waste from other sites. Although this facility is not a cleanup site, its operation is essential to the

cleanup of transuranic waste at many sites where such waste is removed and prepared for permanent disposal off-site.

20

See CRS Report RS21988, Radioactive Tank Waste from the Past Production of Nuclear Weapons: Background and

Issues for Congress, by (name redacted) and (name redacted).

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contamination are substantial and require significant resources. As such, this program represents

approximately one-fourth of the Department’s total budget.

Congressional Action on FY2008 Appropriations

The Consolidated Appropriations Act for FY2008 provided a total of $5.75 billion for DOE’s

Environmental Management Program. However, the final funding is subject to two across-theboard rescissions, somewhat reducing the appropriation. Nearly all of the $5.75 billion is subject

to a 0.91% rescission, whereas $17.5 million of that amount for congressionally designated

projects is subject to a higher rescission of 1.6%. These rescissions apply to funding not only for

the Environmental Management Program, but to all DOE activities funded in Title III of Division

C, as required by Section 312 of that title. Prior to the final bill, the House had proposed a higher

amount of $6.21 billion for the Environmental Management Program, and the Senate

Appropriations Committee had recommended $6.00 billion. The President had proposed the

lowest amount under consideration for FY2008, requesting $5.66 billion for the program.

Congress appropriated $6.19 billion for FY2007.

Although the House initially had proposed the highest amount for FY2008, nearly $200 million

of its increase would not have provided additional resources for the program. Rather, this increase

was due to the House’s proposal to consolidate funding for the Office of Legacy Management

with the Environmental Management Program. This office has been funded independently under

other accounts, and is responsible for long-term site care after cleanup is complete under the

Environmental Management Program. In its initial bill, the Senate Appropriations Committee had

rejected the House’s proposal, and recommended that the Office of Legacy Management continue

to be funded in other accounts independent of the Environmental Management Program. Taking

this accounting difference into consideration, the House and the Senate Appropriations

Committee had recommended similar levels of funding for the Environmental Management

Program as a whole. In the final bill, Congress followed the approach of the Senate

Appropriations Committee, and did not consolidate funding for these two functions. See the

“Office of Legacy Management” section later in this report.

The FY2008 enacted appropriation of $5.75 billion (prior to rescissions) for the Environmental

Management Program is significantly less than the $6.19 billion that Congress appropriated for

FY2007. However, this difference in total funding is largely because of a $425.7 million decrease

in funds for “accelerated closure” sites where all planned cleanup actions are complete under the

Environmental Management Program. These sites include Rocky Flats (CO), Fernald (OH), and

several other defense sites. Congress had increased funding at these sites for several years to

speed the pace of cleanup. These sites were suitable for accelerated cleanup because the

challenges were more technically feasible to address than those at more complex sites. Now that

most of the work is completed at some sites, and nearing completion at others, there has been a

corresponding downward trend in funding as these needs have diminished.

Although DOE has accomplished much in accelerating cleanup at the above sites, substantial

challenges remain at many other sites where cleanup is not complete and large quantities of

wastes and contamination are still present. For these and other pending sites, there are varying

decreases and increases in funding when comparing the appropriation enacted for FY2008 to the

initial recommendations of the House and the Senate Appropriations Committee, the President’s

FY2008 request, and the appropriation for the prior year in FY2007. (See Table 14.) These

differences in funding are due to differing priorities among other competing needs within the

federal budget, opposing views on the adequacy of funding to meet cleanup needs, and varying

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factors at individual sites, such as the technical complexity of cleanup, the prioritization of

remedial actions based on health and environmental risks, scheduling of actions to meet time

frames in regulatory agreements, and numerous other considerations.

The Hanford site is the largest and most complex site administered under the Environmental

Management Program. This site alone represents about one-third of the funding for the entire

program. The adequacy of funding to clean up Hanford has been particularly controversial for

many reasons, including potential risks from radioactive contamination migrating through

groundwater into the Columbia River and the delayed construction of the Waste Treatment and

Immobilization Plant. This facility is a key element in DOE’s plans to treat the substantial volume

of high-level radioactive waste to be removed from the underground tanks at Hanford, and to

solidify that waste for permanent disposal in a geologic repository. This task is one of the more

costly cleanup challenges across the complex of sites.

Various engineering and design issues have delayed construction of the Waste Treatment and

Immobilization Plant at Hanford. The President had requested $690.0 million for the construction

of this facility in FY2008, the same amount as Congress appropriated in FY2007. The request

also included $273.4 million for the management of the wastes still stored in the underground

tanks, slightly less than the FY2007 appropriation of $277.1 million. Prior to rescissions, the

appropriation enacted for FY2008 included $690.0 million for the construction of the waste

treatment plant, and $288.4 million for managing the tank wastes while the construction of the

plant continues.

The House initially had proposed $590.0 million for the waste treatment plant, and the same

amount as the President requested for managing the tank wastes. In its initial report, the House

Appropriations Committee had indicated that its proposed lower funding for the plant could have

been augmented with $100.0 million in “uncosted balances” carried over from FY2007 because

of slow construction progress, raising the total available to the President’s request of $690.0

million. The Senate Appropriations Committee had recommended the full request for the waste

treatment plant without the use of these uncosted balances, and had recommended a higher

amount of $326.0 million for managing the tank wastes.

Table 14 indicates appropriations that Congress enacted for the Environmental Management

Program for FY2008, compared to the initial recommendations of the full House and the Senate

Appropriations Committee prior to the enactment of the final bill, the President’s request, and the

prior-year appropriation in FY2007. Amounts are indicated for each of the three statutory

accounts that fund the Environmental Management Program, and for selected sites and program

activities within those accounts in which there has been broad congressional interest. The

amounts enacted for FY2008 are as presented in the Congressional Record of December 17,

2007, which do not reflect the across-the-board rescission of 0.91% for ongoing program

elements, and 1.6% for congressionally designated projects.

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Table 14. Environmental Management Program Appropriations

($ millions)

Environmental Management

Program Accounts

FY2007

Enacted

FY2008

Request

House

Senate

Committee

Enacted

$468.1

$42.4

$42.4

$55.9

$42.4

Ashtabula

$1.3

$0.3

$0.3

$0.3

$0.3

Fernald

$254.8

$0.0

$0.0

$13.5

$0.0

Miamisburg

$39.9

$30.3

$30.3

$30.3

$30.3

Rocky Flats

$115.5

$0.0

$0.0

$0.0

$0.0

Closure Sites Administration

$56.6

$11.8

$11.8

$11.8

$11.8

$1,802.4

$1,840.5

$1,813.4

$1,966.4

$1,873.0

Richland Office

$835.3

$877.1

$950.0

$950.4

$894.6

Office of River Protection

$967.1

$963.4

$863.4

$1,016.0

$978.4

Waste Treatment Plant

$690.0

$690.0

$590.0

$690.0

$690.0

Tank Farm Activities

$277.1

$273.4

$273.4

$326.0

$288.4

Savannah River Site

$1,113.4

$1,206.1

$1,160.5

$1,200.1

$1,141.6

Idaho National Laboratory

$526.9

$504.0

$600.8

$532.9

$513.0

Oak Ridge Reservation

$203.9

$179.3

$235.3

$179.3

$192.3

Waste Isolation Pilot Plant

$228.8

$219.7

$219.7

$250.7

$236.7

NNSA and Nevada Off-Sites

$306.5

$271.1

$271.1

$361.7

$292.9

Technology Development

$21.4

$21.4

$108.1

$55.1

$21.4

Safeguards and Security

$275.9

$273.4

$278.4

$273.6

$261.7

Program Directiona

$294.5

$309.8

$341.8

$309.8

$309.8

Program Support

$38.0

$33.1

$35.1

$41.9

$33.1

Federal Payment to Uranium Enrichment D&D

Fundb

$452.0

$463.0

$463.0

$463.0

$463.0

Defense Legacy Managementa

$0.0

$0.0

$148.1

$0.0

$0.0

Material Consolidationc

$0.0

$0.0

$50.3

$0.0

$0.0

Congressionally Directed Projects

$0.0

$0.0

$0.0

$0.0

$17.5

$5,731.8

$5,363.9

$5,768.0

$5,690.4

$5,398.6

$0.0

$0.0

$-1.5

$0.0

$0.0

Total Defense Environmental Cleanup

$5,731.8

$5,363.9

$5,766.6

$5,690.4

$5,398.6

Non-Defense Environmental Cleanupa

$349.9

$180.9

$286.0

$195.4

$183.9

Defense Environmental Cleanup

Accelerated Closure Sites

Hanford

Subtotal Defense Environmental Cleanupd

Transfer to ES&He

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Environmental Management

Program Accounts

FY2007

Enacted

FY2008

Request

House

Senate

Committee

Enacted

Uranium Enrichment D&D Fundd

$556.6

$573.5

$618.8

$573.5

$627.9

Uranium Enrichment D&D Fund Offsetb

$-452.0

$-463.0

$-463.0

$-463.0

$-463.0

Total Environmental Management

Program

$6,186.3

$5,655.3

$6,208.4

$5,996.3

$5,747.4

Sources: Prepared by the Congressional Research Service with information from H.Rept. 110-185, S.Rept. 110127, and the joint explanatory statement accompanying Title III of Division C of the Consolidated Appropriations

Act for FY2008 (P.L. 110-161, H.R. 2764), as presented in the Congressional Record, December 17, 2007, House,

p. H15942, and pp. H15948-H15950, which does not reflect applicable rescissions.

a.

The House Appropriations Committee recommended the consolidation of the Office of Legacy

Management into the Environmental Management Program, including $11.0 million within the Program

Direction line-item in the Defense Environmental Cleanup account, $148.1 million as a separate line-item

within that defense account, and $35.1 million as a separate line-item within the Non-Defense

Environmental Cleanup account. Combined, the House Appropriations Committee recommended a total of

$194.2 million for the Office of Legacy Management. The President requested this same amount, but in

different accounts in which Congress has provided this funding in past years. The President requested

$159.1 million for defense Legacy Management within the Other Defense Activities account, and $35.1

million for non-defense Legacy Management within the Energy Supply and Conservation account, for a total

of $194.2 million. The Senate Appropriations Committee recommended similar funding within the existing

account structure, as was adopted in the final bill but in a slightly lower amount.

b.

D&D = Decontamination and Decommissioning. Federal payment to the Uranium Enrichment D&D Fund is

typically treated as an offset to the total for the Environmental Management Program.

c.

The House Appropriations Committee recommended a new Office of Materials Consolidation, which was

not included in the President’s FY2008 request. The Senate Appropriations Committee did not recommend

any funding for such an office, nor did Congress include any funding for this office in its enactment of

appropriations for FY2008.

d.

P.L. 110-5 provided a total of $5,730,448,000 for the Defense Environmental Cleanup account. DOE

allocated $5,731,839,000 for this account in its FY2007 Operating Plan, but did not explain the difference

from the statutory appropriation provided in P.L. 110-5. The House Appropriations Committee report

specified the same amount of funding for FY2007 as in DOE’s Operating Plan. The Senate Appropriations

Committee specified a slightly higher amount of $5,731,849,000 in its report.

e.

ES&H = Environmental Safety and Health account. The House Appropriations Committee recommended a

transfer of $1.5 million from the Dense Environmental Cleanup account to the Environmental Safety and

Health account in FY2008. The Senate Appropriations Committee did not recommend this transfer of

funds, nor did Congress include such a transfer in its enactment of appropriations for FY2008.

Estimated Future Funding Needs

The need for annual appropriations of several billion dollars to clean up nuclear waste sites has

motivated ongoing concern within Congress about the long-term financial liability of the United

States to meet these needs. Accordingly, there has been much debate about how to ensure public

health and safety, and the protection of the environment, in the most expedient and cost-effective

manner. DOE reports that it had cleaned up 81 of the 114 geographic sites as of the end of

FY2006.21 Although DOE has disposed of substantial quantities of waste and remediated many

21

DOE, Office of the Chief Financial Officer, FY2008 Congressional Budget Request, February 2007, vol. 5,

Environmental Management, p. 31. DOE referenced 108 geographic sites, as it excluded six Nevada off-sites proposed

for transfer to the Office of Legacy Management. The total of 114 geographic sites noted above includes these six sites.

Congressional Research Service

44

Energy and Water Development: FY2008 Appropriations

areas of contamination at the remaining sites, much work remains to be done to complete cleanup

at many of them. DOE expects to complete cleanup at certain sites within the next few years.

However, the Department anticipates cleanup to continue for decades at the larger and more

complex sites, such as Hanford, Savannah River, and the Idaho National Laboratory, wher

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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