LegiStorm

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 (Reclamation) and Central Utah Project (CUP); the Department of Energy (DOE); the Nuclear Regulatory Commission (NRC); and several other independent agencies. DOE typically accounts for about 80% of the bill’s total funding. President Trump submitted his FY2019 budget proposal to Congress on February 12, 2018. The President’s budget requests for agencies included in the Energy and Water Development appropriations bill totaled $36.341 billion—$6.871 billion (15.9%) below the FY2018 appropriation. A $375 million increase (3.5%) was proposed for DOE nuclear weapons activities. In contrast, the two versions of the FY2019 Energy and Water Development appropriations bill passed by the House and Senate (Division A of H.R. 5895, H.Rept. 115-697, S.Rept. 115-258) provided for total appropriations above the FY2018 level. The enacted FY2019 Energy and Water Development Appropriations Act, which was signed into law September 21, 2018 (Division A of P.L. 115-244), increased total funding to $44.660 billion (up 3.3%). FY2018 Energy and Water Development funding was included in the Consolidated Appropriations Act, 2018 (P.L. 115- 141). Major Energy and Water Development funding issues for FY2019 include  Water Agency Funding Reductions. The Trump Administration requested reductions of 29.9% for the Corps and 28.6% for Reclamation for FY2019. Those cuts were largely not followed by the House and Senate or the enacted FY2019 appropriations measure (P.L. 115-244).  Termination of Energy Efficiency Grants. DOE’s Weatherization Assistance Program and State Energy Program would have been terminated under the FY2019 budget request. Congress did not eliminate the grants for FY2018 and the proposed cuts were not included in the FY2019 House and Senate bills or the enacted appropriation.  Reductions in Energy Research and Development. Under the FY2019 budget request, DOE research and development appropriations would have been reduced for energy efficiency and renewable energy (EERE) by 65.5%, nuclear energy by 37.2%, and fossil energy by 30.9%. The House and Senate bills largely did not include the proposed reductions. P.L. 115-244 increased R&D funding for fossil energy by 1.8% from the FY2018 level, energy efficiency and renewable energy by 2.5%, and nuclear energy by 10.0%.  Nuclear Waste Repository. The Administration’s budget request would have provided new funding for the first time since FY2010 for a proposed nuclear waste repository at Yucca Mountain, NV. DOE would have received $110 million to seek an NRC license for the repository, and NRC was to receive $47.7 million to consider DOE’s application. DOE would also have received $10 million to develop interim nuclear waste storage facilities. The House bill included an additional $100 million for DOE above the request for Yucca Mountain licensing. The Senate bill provided no Yucca Mountain funds, nor did the enacted FY2019 appropriations measure. A similar Administration funding request for FY2018 also was not enacted.  Elimination of Advanced Research Projects Agency—Energy (ARPA-E). The Trump Administration proposed to eliminate funds for new research projects by ARPA-E in FY2019, and called for terminating the program after currently funded projects were completed. The House approved an 8.0% cut and the Senate voted for a 6.1% increase. The enacted FY2019 appropriations measure boosted ARPA-E funding by 3.6%. A similar proposal to terminate ARPA-E in FY2018 was also not enacted. Low-Yield Warhead. DOE’s FY2019 budget documents proposed a low-yield version of the W76 LEP nuclear warhead. DOE’s initial FY2019 budget request did not include any funding specifically allocated to this modification, but the White House requested $65 million for it in a budget amendment package submitted to Congress on April 13, 2018. The House- and Senatepassed bills both included the requested funding for the low-yield warhead, as does the enacted FY2019 appropriations measure.  Plutonium Disposition Plant Termination. The Administration proposed in FY2018 and FY2019 to terminate construction of the Mixed-Oxide Fuel Fabrication Facility (MFFF), which would make fuel for nuclear reactors out of surplus weapons plutonium. The FY2018 Consolidated Appropriations Act conformed to provisions in the National Defense Authorization Act, 2018 (P.L. 115-91) that allow DOE to pursue an alternative plutonium disposal program if sufficient cost savings are projected. The enacted FY2019 Energy and Water Development Appropriations Act also conformed to the Defense Authorization provisions and provided $220 million, the same as the request, to begin shutting down the South Carolina project. The Administration certified under P.L. 115-91 on May 10, 2018, that the cost-saving requirement for termination of MFFF would be met, although the certification has been challenged in court.