BUDGET & APPROPRIATIONS
Site-by-site breakdown of funding and policies in the FY 2021 appropriations and defense bill
ECA Staff | 1/15/2020
The Fiscal Year 2021 appropriations and National Defense Authorization Act are now finalized, after Congress passed several funding stopgaps in December. Early this year, Congress overrode a veto of the NDAA to enact the bill.
Overall funding increases
The FY 2021 energy appropriations provide an overall increase in funding for the Department of Energy. DOE will receive $39.6 billion, which is $1 billion above the FY 2020 level. Within DOE:
- National Nuclear Security Administration: $19.7 billion, a $3 billion increase
- Office of Environmental Management: $7.59 billion, a $131 million increase
- Office of Nuclear Energy: $1.5 billion, a $14.2 million increase
- Office of Science: $7.026 billion, a $26 million increase
- Office of Legacy Management: $163 million, a $1 million increase
- Advanced Research Projects Agency—Energy: $427 million, a $2 million increase
Policies in the NDAA
Plutonium pit production
In the FY 2021 NDAA, Congress included a provision that would continue to study the costs of NNSA’s plan for expanded plutonium pit production. Sec. 3114 would require an independent cost estimate for pit production at both the Savannah River Site and at Los Alamos National Laboratory.
Cleanup
The NDAA also contains several provisions related to defense environmental cleanup. Under the new law, the Secretary of Energy will be required to make an annual statement of environmental liabilities for each cleanup facility (Sec. 3121). Future-years defense environmental cleanup plans now must identify missed milestones for each site (Sec. 3122).
Similar to the NDAA last year, there will be another one-year prohibition on DOE’s reclassification of high-level waste in the state of Washington (Sec. 3124). Additionally, the DOE will be required to conduct a study on approaches to treating low-activity waste at the Hanford Nuclear Reservation within two years (Sec. 3125).
Budget request for DOE and NNSA
Last year when the House and Senate were developing their versions of the NDAA, ECA wrote about a provision in the Senate bill that would have allowed the Nuclear Weapons Council (NWC) to require the DOE Secretary to increase the NNSA budget, which would likely decrease the EM budget since they are both the large defense budget line items.
However, the final NDAA contained a provision (Sec. 1632) that still provides the DOE Secretary with final authority over requested funding, but if the NWC believes the nuclear weapons budget is inadequate, the Secretary must provide NWC’s recommendations as an attachment to the budget request.
NNSA workforce and contractors
NNSA will be required to provide an annual report on “workforce diversity, equality, and inclusion in the NNSA’s contractor workforce” (Sec. 3146). In the NDAA conference report, conferees noted, “…the modernization of all legs of the nuclear triad will be the largest undertaking asked of the NNSA since the end of the Cold War. The NNSA has demonstrated strong progress towards the hiring and retention of the next generation of nuclear security workers across the enterprise. The conferees believe
that continued progress in rebuilding and maintaining a diverse and highly qualified workforce is essential to the national security of the United States.”
Additionally, the NDAA establishes a new requirement for “covered National Nuclear Security Administration contractor and subcontractor networks are successfully penetrated by unauthorized entities” (Sec. 3131).
As Congress, DOE, and NNSA continue to search for ways to improve the nuclear workforce, the NDAA includes some Department of Defense workforce programs that could ultimately serve as useful models for DOE/NNSA. For example, the new law establishes a scholarship pilot program for students at minority institutions; pay increases for national security fellowships; and partnerships between DOD and contractors to promote interest in STEM careers.
Not included in the final defense bill
Just as important as what was included in the NDAA are the provisions that were not included in the conference report. Among the notable provisions excluded from the final bill include:
- A prohibition on use of funds for nuclear weapons test explosions;
- Authorization of appropriations for W93 nuclear warhead program;
- Establishing an advanced manufacturing development program
| Follow the latest DOE budget updates with ECA's budget tracker
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HEALTH & SAFETY
Office of Environmental Management (EM) distributes request to EM sites to provide information on PFAS chemicals
ECA Staff | 1/15/2021
When finalizing the National Defense Authorization Act at the end of 2020, Congress removed provisions regarding polyfluoroalkyl (PFAS) chemicals. There is concern that these chemicals, used in firefighting foam and other military and non-defense manufacturing activities, risk toxicity within the environments where they are deployed and adjacent areas to which they migrate. PFAS chemicals can also be
found in household items such as stain-resistant carpeting and furniture fabric leading to toxicity risk in landfills and aquifers.
In promising news, the Department of Energy’s (DOE) Office of Environmental Management (EM) is looking to assess the use and potential presence of PFAS chemicals at EM sites. DOE has documented the use of Teflon, in which two compounds of PFAS are used, at DOE sites to aid in the uranium enrichment process as a lubricant. The Office of Environmental Management has issued a request to EM sites
to evaluate the past or present, known or suspected uses of PFAS chemicals. EM plans to work with other federal agencies to address the risks posed by PFAS chemicals within a community’s environment.
Specifically, EM’s Office of Subsurface Closure is conducting an assessment regarding potential contamination, previous sampling initiatives for PFAS, and details related to drinking water at sites.
ECA views this as a positive step towards assuring communities of the health and safety of workers, the public, and the environment. Several EM communities have expressed concern that PFAS chemicals could lead to impacts on their drinking water and therefore the people within the community.
The Environmental Protection Agency (EPA) created a PFAS Action Plan in 2019 and updated it in 2020. In the 2020 plan, EPA plans to:
- issue proposed regulations for PFOA and PFOS under the Safe Drinking Water Act (SDWA);
- include requirements to monitor PFAS in the next Unregulated Contaminant Monitoring Rule 5; and
- require tracking and data collection under the Toxics Release Inventory, and
- increase restrictions on imported materials.
With the Senate going through a majority party change, and EPA leadership also changing, ECA expects the issue of PFAS chemical usage to be reintroduced and regulatory involvement to change.
CONTRACTS
NUCLEAR WASTE
SMALL MODULAR REACTORS
Read about DOE's High Level Waste Interpretation
Have questions about DOE’s recent high-level waste (HLW) interpretation? Download ECA’s Key Points and FAQs on the issue to better understand what ECA believes are the potential benefits of implementation.
Interested in learning more? Read the ECA report “Making Informed Decisions on DOE's Proposed High Level Waste Definition” at www.energyca.org/publications
Stay Current on Activities in the DOE World
Read the latest edition of the ECA Bulletin, a regular newsletter providing a detailed brief of ECA activities, legislative news, and major events from across the DOE complex. Have suggestions for future editions? Email bulletin@energyca.org.
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Learn More about Cleanup Sites with ECA's DOE Site Profiles
ECA's new site profiles detail DOE's 13 active Environmental Management cleanup sites and national laboratories, highlighting their history, missions, and priorities. The profiles are a key source for media, stakeholders, and the public to learn more about DOE site activities, contractors, advisory boards, and their surrounding local
governments.
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