[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4553 Reported in House (RH)]
<DOC>
Union Calendar No. 173
119th CONGRESS
1st Session
H. R. 4553
[Report No. 119-213]
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2026, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 21, 2025
Mr. Fleischmann, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2026, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for energy and water development and related agencies for
the fiscal year ending September 30, 2026, and for other purposes,
namely:
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related needs; for surveys and detailed studies, and
plans and specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem restoration
projects, and related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations, and, when
authorized by law, surveys and detailed studies, and plans and
specifications of projects prior to construction, $200,000,000, to
remain available until expended: Provided, That the Secretary shall
not deviate from the work plan, once the plan has been submitted to the
Committees on Appropriations of both Houses of Congress.
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law
(but such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$2,555,000,000, to remain available until expended; of which
$84,883,000, to be derived from the Harbor Maintenance Trust Fund,
shall be to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program; and
of which such sums as are necessary to cover 25 percent of the costs of
construction, replacement, rehabilitation, and expansion of inland
waterways projects shall be derived from the Inland Waterways Trust
Fund, except as otherwise specifically provided for in law: Provided,
That the Secretary shall not deviate from the work plan, once the plan
has been submitted to the Committees on Appropriations of both Houses
of Congress.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $490,000,000, to remain
available until expended, of which $6,705,000, to be derived from the
Harbor Maintenance Trust Fund, shall be to cover the Federal share of
eligible operation and maintenance costs for inland harbors: Provided,
That the Secretary shall not deviate from the work plan, once the plan
has been submitted to the Committees on Appropriations of both Houses
of Congress.
operation and maintenance
(including transfer of funds)
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law;
providing security for infrastructure owned or operated by the Corps,
including administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public agency that
serve essential navigation needs of general commerce, where authorized
by law; surveying and charting northern and northwestern lakes and
connecting waters; clearing and straightening channels; and removing
obstructions to navigation, $6,140,000,000, to remain available until
expended, of which $3,381,412,000, to be derived from the Harbor
Maintenance Trust Fund, shall be to cover the Federal share of eligible
operations and maintenance costs for coastal harbors and channels, and
for inland harbors, of which $40,000,000, shall be for the design and
construction to replace Federal dredges, in addition to amounts
otherwise made available for such purposes in the revolving fund
established by the first section of the Act of July 27, 1953 (33 U.S.C.
576); of which such sums as may be necessary shall be derived from
amounts collected in this or prior fiscal years under section 210 of
the Flood Control Act of 1968 (16 U.S.C. 460d-3) and are not otherwise
appropriated shall be for resource protection, research,
interpretation, and maintenance activities related to resource
protection in the areas at which outdoor recreation is available; of
which such sums as become available from fees collected under section
217 of Public Law 104-303 shall be used to cover the cost of operation
and maintenance of the dredged material disposal facilities for which
such fees have been collected; and of which $62,000,000, to be derived
from the general fund of the Treasury, shall be to carry out subsection
(c) of section 2106 of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2238c) and shall be designated as being for such
purpose pursuant to paragraph (2) of section 14003 of division B of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
136): Provided, That 1 percent of the total amount of funds provided
for each of the programs, projects, or activities funded under this
heading shall not be allocated to a field operating activity prior to
the beginning of the fourth quarter of the fiscal year and shall be
available for use by the Chief of Engineers to fund such emergency
activities as the Chief of Engineers determines to be necessary and
appropriate, and that the Chief of Engineers shall allocate during the
fourth quarter any remaining funds which have not been used for
emergency activities proportionally in accordance with the amounts
provided for the programs, projects, or activities: Provided further,
That the Secretary shall not deviate from the work plan, once the plan
has been submitted to the Committees on Appropriations of both Houses
of Congress.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $221,000,000, to remain
available until September 30, 2027.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$40,000,000, to remain available until expended.
expenses
(including transfer of funds)
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation of the Humphreys Engineer Center
Support Activity, the Institute for Water Resources, the United States
Army Engineer Research and Development Center, and the United States
Army Corps of Engineers Finance Center allocable to the civil works
program, $226,000,000, to remain available until September 30, 2027, of
which not to exceed $5,000 may be used for official reception and
representation purposes and only during the current fiscal year; of
which $10,000,000, shall be for the design and construction to replace
Federal dredges, in addition to amounts otherwise made available for
such purposes, and shall be transferred to and merged with funds
available for such purposes in the revolving fund established by the
first section of the Act of July 27, 1953 (33 U.S.C. 576): Provided,
That no part of any other appropriation provided in this title shall be
available to fund the civil works activities of the Office of the Chief
of Engineers or the civil works executive direction and management
activities of the division offices: Provided further, That any Flood
Control and Coastal Emergencies appropriation may be used to fund the
supervision and general administration of emergency operations,
repairs, and other activities in response to any flood, hurricane, or
other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 7016(b)(3), $6,000,000, to remain
available until September 30, 2027: Provided, That not more than 75
percent of such amount may be obligated or expended until the Assistant
Secretary submits to the Committees on Appropriations of both Houses of
Congress the report required under section 101(d) of this Act and a
work plan that allocates at least 95 percent of the additional funding
provided under each heading in the report accompanying this Act, to
specific programs, projects, or activities.
water infrastructure finance and innovation program account
For administrative expenses to carry out the direct and guaranteed
loan programs, notwithstanding section 5033 of the Water Infrastructure
Finance and Innovation Act of 2014, $5,000,000, to remain available
until September 30, 2027.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
2014 shall be deposited in this account, to remain available until
expended.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2026, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the Committees
on Appropriations of both Houses of Congress;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the Committees on Appropriations of both Houses of Congress;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs (6)
through (10), unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may be
reprogrammed into any continuing study or activity that did not
receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed:
Provided, That for a base level less than $2,000,000, the
reprogramming limit is $300,000: Provided further, That up to
$3,000,000 may be reprogrammed for settled contractor claims,
changed conditions, or real estate deficiency judgments:
Provided further, That up to $300,000 may be reprogrammed into
any continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: Provided, That the Chief of Engineers shall
notify the Committees on Appropriations of both Houses of
Congress of these emergency actions as soon thereafter as
practicable: Provided further, That for a base level over
$1,000,000, reprogramming of 15 percent of the base amount up
to a limit of $5,000,000 per project, study, or activity is
allowed: Provided further, That for a base level less than
$1,000,000, the reprogramming limit is $150,000: Provided
further, That $150,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The reprogramming
guidelines in paragraphs (6), (7), and (8) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account,
respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) De Minimus Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the Committees on Appropriations
of both Houses of Congress.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of this Act,
the Secretary shall submit a report to the Committees on Appropriations
of both Houses of Congress to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year
which shall include:
(1) A table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level;
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. The Secretary shall allocate funds made available in
this Act solely in accordance with the provisions of this Act and in
the report accompanying this Act, including the determination and
designation of new starts.
Sec. 103. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $8,733,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost
due to Corps of Engineers projects.
Sec. 105. None of the funds in this Act shall be used for an open
lake placement alternative for dredged material, after evaluating the
least costly, environmentally acceptable manner for the disposal or
management of dredged material originating from Lake Erie or
tributaries thereto, unless it is approved under a State water quality
certification pursuant to section 401 of the Federal Water Pollution
Control Act (33 U.S.C. 1341): Provided, That until an open lake
placement alternative for dredged material is approved under a State
water quality certification, the Corps of Engineers shall continue
upland placement of such dredged material consistent with the
requirements of section 101 of the Water Resources Development Act of
1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available by this Act may be used
to carry out any water supply reallocation study under the Wolf Creek
Dam, Lake Cumberland, Kentucky, project authorized under the Act of
July 24, 1946 (60 Stat. 636, ch. 595).
Sec. 107. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the Chief of
Engineers.
Sec. 108. As of the date of enactment of this Act and each fiscal
year thereafter, the Secretary of the Army shall not promulgate or
enforce any regulation that prohibits an individual from possessing a
firearm, including an assembled or functional firearm, at a water
resources development project covered under section 327.0 of title 36,
Code of Federal Regulations (as in effect on the date of enactment of
this Act) if:
(1) the individual is not otherwise prohibited by law from
possessing a firearm; and
(2) the possession of the firearm is in compliance with the
law of the State in which the water resources development
project is located.
Sec. 109. None of the funds made available by this Act may be used
to implement or enforce section 370 of Public Law 116-283 with respect
to civil works projects.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $23,000,000, to remain available until expended, of
which $4,000,000 shall be deposited into the Utah Reclamation
Mitigation and Conservation Account for use by the Utah Reclamation
Mitigation and Conservation Commission: Provided, That of the amount
provided under this heading, $1,950,000 shall be available until
September 30, 2027, for expenses necessary in carrying out related
responsibilities of the Secretary of the Interior: Provided further,
That for fiscal year 2026, of the amount made available to the
Commission under this Act or any other Act, the Commission may use an
amount not to exceed $2,186,000 for administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian Tribes,
and others, $1,710,630,000, to remain available until expended, of
which $23,899,000 shall be available for transfer to the Upper Colorado
River Basin Fund and $7,679,000 shall be available for transfer to the
Lower Colorado River Basin Development Fund; of which such amounts as
may be necessary may be advanced to the Colorado River Dam Fund:
Provided, That such transfers, may be increased or decreased within the
overall appropriation under this heading: Provided further, That of
the total appropriated, the amount for program activities that can be
financed by the Reclamation Fund, the Water Storage Enhancement
Receipts account established by section 4011(e) of Public Law 114-322,
or the Bureau of Reclamation special fee account established by 16
U.S.C. 6806 shall be derived from that Fund or account: Provided
further, That funds contributed under 43 U.S.C. 395 are available until
expended for the purposes for which the funds were contributed:
Provided further, That funds advanced under 43 U.S.C. 397a shall be
credited to this account and are available until expended for the same
purposes as the sums appropriated under this heading: Provided
further, That of the amounts made available under this heading,
$3,237,000 shall be deposited in the San Gabriel Basin Restoration Fund
established by section 110 of title I of division B of appendix D of
Public Law 106-554.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, such sums as may be collected in fiscal
year 2026 in the Central Valley Project Restoration Fund pursuant to
sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102-575, to
remain available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the
funds made available under this heading may be used for the acquisition
or leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans
to be approved by the Secretary of the Interior, $32,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further,
That CALFED implementation shall be carried out in a balanced manner
with clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the six regions of the Bureau of Reclamation, to remain
available until September 30, 2027, $64,000,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377,
of which not to exceed $5,000 may be used for official reception and
representation expenses: Provided, That no part of any other
appropriation in this Act shall be available for activities or
functions budgeted as policy and administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase and replacement of not to exceed 30 motor vehicles, which are
for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this Act
for Water and Related Resources, or provided by previous or subsequent
appropriations Acts to the agencies or entities funded in title II of
this Act for Water and Related Resources that remain available for
obligation or expenditure in fiscal year 2026, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the
beginning of the fiscal year; or
(B) $400,000 for any program, project or activity
for which less than $2,000,000 is available at the
beginning of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than $5,000,000
to provide adequate funds for settled contractor claims,
increased contractor earnings due to accelerated rates of
operations, and real estate deficiency judgments, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term ``transfer'' means any
movement of funds into or out of a program, project, or activity.
(d) Except as provided in subsections (a) and (b), the amounts made
available in this title under the heading ``Bureau of Reclamation--
Water and Related Resources'' shall be expended for the programs,
projects, and activities specified in the ``House Recommended'' columns
in the ``Water and Related Resources'' table included under the heading
``Title II--Department of the Interior'' in the report accompanying
this Act.
(e) The Bureau of Reclamation shall submit reports on a quarterly
basis to the Committees on Appropriations of both Houses of Congress
detailing all the funds reprogrammed between programs, projects,
activities, or categories of funding. The first quarterly report shall
be submitted not later than 60 days after the date of enactment of this
Act.
Sec. 202. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. (a) Title III of subtitle J of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322) is amended--
(1) In section 4007(i), by striking ``2021'' and inserting
``2027''; and
(2) In section 4013--
(A) in paragraph (1), by deleting ``section 4004,
which shall expire 10 years after the date of its
enactment'' and inserting ``section 4004, which shall
expire on December 16, 2034''; and
(B) in paragraph (2), by inserting ``on or before
December 16, 2026'' after ``4009(c)''.
(b) Section 1602(g)(1) of the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C. 390h) is amended by
striking ``$50,000,000'' and inserting ``$177,500,000''.
(c) Section 4(a)(2)(F)(i) of the Water Desalination Act of 1996 (42
U.S.C. 10301 note; Public Law 104-298) is amended by striking
``$30,000,000'' and inserting ``$106,500,000''.
Sec. 204. Section 9504(e) of the Omnibus Public Land Management
Act of 2009 (42 U.S.C. 10364(e)) is amended by striking
``$920,000,000'' and inserting ``$1,000,000,000''.
Sec. 205. (a) Title I of Public Law 108-361 (the Calfed Bay-Delta
Authorization Act) (118 Stat. 1681), as amended by section 204 of
division D of Public Law 117-103, shall be applied by substituting
``2026'' for ``2022'' each place it appears.
(b) Section 103(f)(4)(A) of Public Law 108-361 (the Calfed Bay-
Delta Authorization Act) is amended by striking ``$30,000,000'' and
inserting ``$35,000,000''.
Sec. 206. Section 9106(g)(2) of Public Law 111-11 (Omnibus Public
Land Management Act of 2009) shall be applied by substituting ``2026''
for ``2022''.
Sec. 207. Section 301 of the Reclamation States Emergency Drought
Relief Act of 1991 (43 U.S.C. 2241) shall be applied by substituting
``$130,000,000'' for ``$120,000,000''
Sec. 208. Section 10609(a) of the Northwestern New Mexico Rural
Water Projects Act (subtitle B of title X of Public Law 111-11) shall
be applied by substituting ``$1,815,000,000'' for ``$870,000,000'' and
``2026'' for ``2024''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $1,830,000,000, to
remain available until expended: Provided, That of such amount,
$223,000,000 shall be available until September 30, 2027, for program
direction.
Cybersecurity, Energy Security, and Emergency Response
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy sector cybersecurity, energy security,
and emergency response activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $200,000,000, to remain available until expended: Provided,
That of such amount, $28,000,000 shall be available until September 30,
2027, for program direction.
Electricity
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $225,000,000, to remain available until
expended: Provided, That of such amount, $19,700,000 shall be
available until September 30, 2027, for program direction: Provided
further, That funds under this heading allocated for the purposes of
section 9 of the Small Business Act, as amended (15 U.S.C. 638),
including for Small Business Innovation Research and Small Business
Technology Transfer activities, or for the purposes of section 1001 of
the Energy Policy Act of 2005, as amended (42 U.S.C. 16391(a)), for
Technology Commercialization Fund activities, may be reprogrammed
without being subject to the restrictions in section 301 of this Act.
Grid Deployment
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for grid deployment in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7191 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $25,000,000, to remain available until expended: Provided,
That of such amount, $6,000,000 shall be available until September 30,
2027, for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $1,795,000,000, to remain available until
expended: Provided, That of such amount, $88,000,000 shall be
available until September 30, 2027, for program direction: Provided
further, That for the purpose of section 954(a)(7) of the Energy Policy
Act of 2005, as amended, the only amount available shall be from the
amount specified as including that purpose in the ``Bill'' column in
the ``Department of Energy'' table included under the heading ``Title
III--Department of Energy'' in the report accompanying this Act.
Fossil Energy
For Department of Energy expenses necessary in carrying out fossil
energy research and development activities, under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility or for plant
or facility acquisition or expansion, and for conducting inquiries,
technological investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $687,500,000, to remain available until expended: Provided,
That of such amount $70,000,000 shall be available until September 30,
2027, for program direction.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out naval
petroleum and oil shale reserve activities, $13,000,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic Petroleum
Reserve facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.), $294,628,000, to remain available until expended.
SPR Petroleum Account
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy
Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et
seq.), sections 403 and 404 of the Bipartisan Budget Act of 2015 (42
U.S.C. 6241, 6239 note), section 32204 of the Fixing America's Surface
Transportation Act (42 U.S.C. 6241 note), and section 30204 of the
Bipartisan Budget Act of 2018 (42 U.S.C. 6241 note), $100,000, to
remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast Home
Heating Oil Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et
seq.), $7,150,000, to remain available until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out the
activities of the Energy Information Administration, $135,000,000, to
remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, $337,700,000, to remain available until
expended: Provided, That in addition, fees collected pursuant to
subsection (b)(1) of section 5 of the Mercury Export Ban Act of 2008
(42 U.S.C. 6939f(b)(1)), and deposited under this heading in fiscal
year 2026 pursuant to section 309 of title III of division C of Public
Law 116-94 are appropriated, to remain available until expended, for
mercury storage costs.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out uranium
enrichment facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of 1992,
$844,380,000, to be deposited into and subsequently derived from the
Uranium Enrichment Decontamination and Decommissioning Fund, to remain
available until expended, of which $0 shall be available in accordance
with title X, subtitle A, of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 35 passenger motor vehicles,
$8,400,000,000, to remain available until expended: Provided, That of
such amount, $226,831,000 shall be available until September 30, 2027,
for program direction.
Nuclear Waste Disposal
For Department of Energy expenses necessary for nuclear waste
disposal activities to carry out the purposes of the Nuclear Waste
Policy Act of 1982, Public Law 97-425, as amended, $12,040,000, to
remain available until expended, which shall be derived from the
Nuclear Waste Fund.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out the
activities authorized by section 5012 of the America COMPETES Act
(Public Law 110-69), $350,000,000, to remain available until expended:
Provided, That of such amount, $40,000,000 shall be available until
September 30, 2027, for program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this
heading in prior Acts, shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses of the Title 17 Innovative Technology
Loan Guarantee Program, as authorized, $35,000,000 is appropriated, to
remain available until September 30, 2027: Provided further, That up
to $35,000,000 of fees collected in fiscal year 2026 pursuant to
section 1702(h) of the Energy Policy Act of 2005 shall be credited as
offsetting collections under this heading and used for necessary
administrative expenses in this appropriation and shall remain
available until September 30, 2027: Provided further, That to the
extent that fees collected in fiscal year 2026 exceed $35,000,000,
those excess amounts shall be credited as offsetting collections under
this heading and available in future fiscal years only to the extent
provided in advance in appropriations Acts: Provided further, That the
sum herein appropriated from the general fund shall be reduced (1) as
such fees are received during fiscal year 2026 (estimated at
$70,000,000) and (2) to the extent that any remaining general fund
appropriations can be derived from fees collected in previous fiscal
years that are not otherwise appropriated, so as to result in a final
fiscal year 2026 appropriation from the general fund estimated at $0:
Provided further, That for the cost of loan guarantees for the
construction of small modular reactors or advanced nuclear reactors
eligible under section 1703(b)(4) of the Energy Policy Act of 2005 (42
U.S.C. 16513(b)(4)), $150,000,000 is appropriated, to remain available
until expended: Provided further, That the Department of Energy shall
not subordinate any loan obligation to other financing in violation of
section 1702 of the Energy Policy Act of 2005 or subordinate any
Guaranteed Obligation to any loan or other debt obligations in
violation of section 609.8 of title 10, Code of Federal Regulations:
Provided further, That the amounts provided under this paragraph are in
addition to those provided in any other Act: Provided further, That
for amounts collected pursuant to section 1702(b)(2) of the Energy
Policy Act of 2005, the source of such payment received from borrowers
may not be a loan or other debt obligation that is guaranteed by the
Federal Government: Provided further, That none of such loan guarantee
authority made available under this paragraph shall be available for
commitments to guarantee loans for any projects where funds, personnel,
or property (tangible or intangible) of any Federal agency,
instrumentality, personnel, or affiliated entity are expected be used
(directly or indirectly) through acquisitions, contracts,
demonstrations, exchanges, grants, incentives, leases, procurements,
sales, other transaction authority, or other arrangements, to support
the project or to obtain goods or services from the project: Provided
further, That the preceding proviso shall not be interpreted as
precluding the use of the loan guarantee authority provided under this
paragraph for commitments to guarantee loans for:
(1) projects as a result of such projects benefitting from
otherwise allowable Federal income tax benefits;
(2) projects as a result of such projects benefitting from
being located on Federal land pursuant to a lease or right of-
way agreement for which all consideration for all uses is:
(A) paid exclusively in cash;
(B) deposited in the Treasury as offsetting
receipts; and
(C) equal to the fair market value as determined by
the head of the relevant agency;
(3) projects as a result of such projects benefitting from
Federal insurance programs, including under section 170 of the
Atomic Energy Act of 1954 (42 U.S.C. 2210; commonly known as
the ``Price-Anderson Act''); or
(4) electric generation projects using transmission
facilities owned or operated by a Federal Power Marketing
Administration or the Tennessee Valley Authority that have been
authorized, approved, and financed independent of the project
receiving the guarantee:
Provided further, That none of the loan guarantee authority made
available under this heading shall be available for any project unless
the Director of the Office of Management and Budget has certified in
advance in writing that the loan guarantee and the project comply with
the provisions under this heading.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing Loan
Program, $13,000,000, to remain available until September 30, 2027.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary in
carrying out the Tribal Energy Loan Guarantee Program, $6,300,000, to
remain available until September 30, 2027.
Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in carrying out
the purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), $75,000,000, to remain available until expended:
Provided, That of the amount appropriated under this heading,
$14,000,000 shall be available until September 30, 2027, for program
direction.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$304,653,000, to remain available until September 30, 2027, including
the hire of passenger motor vehicles and official reception and
representation expenses not to exceed $30,000, plus such additional
amounts as necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the Anti-
Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases
in cost of work are offset by revenue increases of the same or greater
amount: Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $100,578,000 in fiscal year
2026 may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2026 appropriation from the general fund estimated at not more than
$204,075,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$90,000,000, to remain available until September 30, 2027.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $20,661,993,000, to
remain available until expended: Provided, That of such amount,
$149,244,000 shall be available until September 30, 2027, for program
direction.
Defense Nuclear Nonproliferation
(including rescission of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $1,993,060,000, to
remain available until expended: Provided, That of the unobligated
balances from prior year appropriations available under this heading
$9,422,000 is hereby rescinded.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $2,171,023,000,
to remain available until expended, of which, $96,740,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'', for the Advanced Test Reactor: Provided, That of such amount
made available under this heading, $61,540,000 shall be available until
September 30, 2027, for program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $500,000,000, to remain
available until September 30, 2027, including official reception and
representation expenses not to exceed $17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $6,521,396,000, to
remain available until expended: Provided, That of such amount,
$310,000,000 shall be available until September 30, 2027, for program
direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $1,179,950,000, to remain available until expended:
Provided, That of such amount, $391,354,000 shall be available until
September 30, 2027, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for official
reception and representation expenses in an amount not to exceed
$5,000: Provided, That during fiscal year 2026, no new direct loan
obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $9,285,000, including official
reception and representation expenses in an amount not to exceed
$1,500, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act
of 1944, up to $9,285,000 collected by the Southeastern Power
Administration from the sale of power and related services shall be
credited to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of funding the
annual expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2026 appropriation estimated at not more
than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to
$81,819,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
for construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $59,766,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944 (16 U.S.C. 825s), up to $49,366,000 collected
by the Southwestern Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Southwestern Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2026 appropriation
estimated at not more than $10,400,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $80,000,000 collected by the
Southwestern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Construction, Rehabilitation, Operation and
Maintenance, Western Area Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, $311,035,000, including official reception and
representation expenses in an amount not to exceed $1,500, to remain
available until expended, of which $311,035,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $247,663,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2026 appropriation
estimated at not more than $63,372,000, of which $63,372,000 is derived
from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $475,000,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $6,510,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954
(68 Stat. 255): Provided, That notwithstanding the provisions of that
Act and of 31 U.S.C. 3302, up to $6,282,000 collected by the Western
Area Power Administration from the sale of power and related services
from the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of the
hydroelectric facilities of these Dams and associated Western Area
Power Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2026 appropriation estimated at not more than $228,000: Provided
further, That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that they
are incurred: Provided further, That for fiscal year 2026, the
Administrator of the Western Area Power Administration may accept up to
$1,072,000 in funds contributed by United States power customers of the
Falcon and Amistad Dams for deposit into the Falcon and Amistad
Operating and Maintenance Fund, and such funds shall be available for
the purpose for which contributed in like manner as if said sums had
been specifically appropriated for such purpose: Provided further,
That any such funds shall be available without further appropriation
and without fiscal year limitation for use by the Commissioner of the
United States Section of the International Boundary and Water
Commission for the sole purpose of operating, maintaining, repairing,
rehabilitating, replacing, or upgrading the hydroelectric facilities at
these Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, official reception and representation expenses not to
exceed $3,000, and the hire of passenger motor vehicles, $520,000,000,
to remain available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $520,000,000 of revenues from
fees and annual charges, and other services and collections in fiscal
year 2026 shall be retained and used for expenses necessary in this
account, and shall remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as revenues are received during fiscal year 2026 so as to result in a
final fiscal year 2026 appropriation from the general fund estimated at
not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfers of funds)
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees on
Appropriations of both Houses of Congress at least 3 full business days
in advance, none of the funds made available in this title may be used
to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more, including a
contract covered by the Federal Acquisition Regulation;
(C) provide nonoperational funding through a competition
restricted only to Department of Energy National Laboratories
totaling $1,000,000 or more;
(D) provide nonoperational funding directly to a Department
of Energy National Laboratory totaling $25,000,000 or more;
(E) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A), (B),
(C), or (D);
(F) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph
(A), (B), (C), or (D); or
(G) issue a letter to terminate an allocation, award, or
Agreement in excess of the limits in subparagraph (A), (B),
(C), or (D).
(2) The Secretary of Energy shall submit to the Committees on
Appropriations of both Houses of Congress within 15 days of the
conclusion of each quarter a report detailing each grant allocation or
discretionary grant award totaling less than $1,000,000 provided during
the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award, the
amount of the award, the fiscal year for which the funds for the award
were appropriated, the account and program, project, or activity from
which the funds are being drawn, the title of the award, and a brief
description of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any program,
project, or activity that uses budget authority made available in this
title under the heading ``Department of Energy--Energy Programs'',
enter into a multiyear contract, award a multiyear grant, or enter into
a multiyear cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government's obligation on
the availability of future year budget authority and the
Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as authorized by
law for the programs, projects, and activities, and in the amounts
specified in the ``Bill'' column in the ``Department of Energy'' table
included under the heading ``Title III--Department of Energy'' in the
report accompanying this Act.
(e) The amounts made available by this title may be reprogrammed
for any program, project, or activity, and the Department shall notify,
and obtain the prior approval of, the Committees on Appropriations of
both Houses of Congress at least 30 days prior to the use of any
proposed reprogramming that would cause any program, project, or
activity funding level to increase or decrease by more than $5,000,000
or 10 percent, whichever is less, during the time period covered by
this Act.
(f) None of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project,
or activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under paragraph
(1) as soon as practicable, but not later than 3 days after the date of
the activity to which a requirement or restriction would otherwise have
applied. Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver.
(h) The unexpended balances of prior appropriations provided for
activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2026 until the enactment of the Intelligence
Authorization Act for fiscal year 2026.
Sec. 303. None of the funds made available in this title shall be
used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight
is conducted by the Office of Enterprise Assessments to ensure the
project is in compliance with nuclear safety requirements.
Sec. 304. None of the funds made available in this title may be
used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental
guidance, for construction projects where the total project cost
exceeds $100,000,000, until a separate independent cost estimate has
been developed for the project for that critical decision.
Sec. 305. None of the funds made available in this title may be
used to support a grant allocation award, discretionary grant award, or
cooperative agreement that exceeds $100,000,000 in Federal funding
unless the project is carried out through internal independent project
management procedures.
Sec. 306. No funds shall be transferred directly from ``Department
of Energy--Power Marketing Administration--Colorado River Basins Power
Marketing Fund, Western Area Power Administration'' to the general fund
of the Treasury in the current fiscal year.
Sec. 307. (a) The Secretary of Energy may not establish any new
regional petroleum product reserve unless funding for the proposed
regional petroleum product reserve is explicitly requested in advance
in an annual budget submitted by the President pursuant to section 1105
of title 31, United States Code, and approved by the Congress in an
appropriations Act.
(b) The budget request or notification shall include--
(1) the justification for the new reserve;
(2) a cost estimate for the establishment, operation, and
maintenance of the reserve, including funding sources;
(3) a detailed plan for operation of the reserve, including
the conditions upon which the products may be released;
(4) the location of the reserve; and
(5) the estimate of the total inventory of the reserve.
Sec. 308. None of the funds made available by this Act may be used
to draw down and sell petroleum products from the Strategic Petroleum
Reserve (1) to any entity that is under the ownership, control, or
influence of the Chinese Communist Party; or (2) except on condition
that such petroleum products will not be exported to the People's
Republic of China.
Sec. 309. (a) None of the funds made available by this Act may be
used by the Secretary of Energy to award any grant, contract,
cooperative agreement, or loan of $10,000,000 or greater to an entity
of concern as defined in section 10114 of division B of Public Law 117-
167.
(b) The Secretary shall implement the requirements under subsection
(a) using a risk-based approach and analytical tools to aggregate,
link, analyze, and maintain information reported by an entity seeking
or receiving such funds made available by this Act.
(c) This section shall be applied in a manner consistent with the
obligations of the United States under applicable international
agreements.
(d) The Secretary shall have the authority to require the
submission to the agency, by an entity seeking or receiving such funds
made available by this Act, documentation necessary to implement the
requirements under subsection (a).
(e) Chapter 35 of title 44, United States Code (commonly known as
the ``Paperwork Reduction Act''), shall not apply to the implementation
of the requirements under this section.
(f) The Secretary and other Federal agencies shall coordinate to
share relevant information necessary to implement the requirements
under subsection (a).
Sec. 310. None of the funds appropriated or otherwise made
available by this Act may be used to admit any non-U.S. citizen from
Russia or China to any nuclear weapons production facility, as such
term is defined in section 4002 of the Atomic Energy Defense Act (50
U.S.C. 2501), other than areas accessible to the general public, unless
30 days prior to facility admittance, the Department of Energy provides
notification to the Committees on Appropriations and Armed Services of
both Houses of Congress.
Sec. 311. (a) None of the funds made available by this Act or
otherwise made available for fiscal year 2025 for the Department of
Energy may be obligated or expended to procure or purchase computers,
printers, or interoperable videoconferencing services needed for an
office environment in which the manufacturer, bidder, or offeror, or
any subsidiary or parent entity of the manufacturer, bidder, or
offeror, of the equipment is an entity, or parent company of an entity
in which the People's Republic of China has any ownership stake.
(b) The prohibition in subsection (a) also applies in cases in
which the Secretary has contracted with a third party for the
procurement, purchase, or expenditure of funds on any of the equipment
and software described in such subsection.
Sec. 312. None of the funds made available by this Act may be used
to finalize, administer, implement, or enforce the final rule entitled
``Clean Energy for New Federal Buildings and Major Renovations of
Federal Buildings'' published by the Department of Energy in the
Federal Register on May 1, 2024 (89 Fed. Reg. 35384).
Sec. 313. Of the unobligated balances from amounts previously made
available to the Department of Energy in division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58), the
following funds shall be transferred from the following programs in the
specified amounts to ``Department of Energy--Energy Programs--Nuclear
Energy'', and, in addition to amounts otherwise made available, shall
be available for the not more than two competitive awards for
Generation 3+ small modular reactor deployment projects described in
section 311(a)(1)(A) of division D of the Consolidated Appropriations
Act, 2024 (Public Law 118-42), the two awards for demonstration
projects made prior to the date of enactment of this Act under the
Advanced Reactor Demonstration Program, as authorized under section
959A of the Energy Policy Act of 2005 (42 U.S.C. 16279a), and Risk
Reduction for Future Demonstrations, as described under the heading
Advanced Reactor Demonstration Program in the explanatory statement
accompanying division C of the Further Consolidated Appropriations Act,
2020 (Public Law 116-94)--
(1) $672,652,992 from the unobligated balances under the heading
``Department of Energy--Energy Programs--Energy Efficiency and
Renewable Energy'' provided to implement sections 40208, 40314,
40511(a), and 40541 of such Act;
(2) $981,479,556 from the unobligated balances under the heading
``Department of Energy--Energy Programs--Nuclear Energy'';
(3) $1,000,000,000 from the unobligated balances under the heading
``Department of Energy--Energy Programs--Fossil Energy and Carbon
Management'' provided to implement section 40308 of division D of such
Act;
(4) $1,500,000,000 from the unobligated balances under the heading
``Department of Energy--Energy Programs--Carbon Dioxide Transportation
Infrastructure Finance and Innovation Program Account'';
(5) $950,000,000 from the unobligated balances under the heading
``Department of Energy--Energy Programs--Office of Clean Energy
Demonstrations'' provided to implement sections 41004(a) and 41004(b)
of such Act:
Provided, That amounts transferred pursuant to this section shall
continue to be treated as amounts specified in section 103(b) of
division A of Public Law 118-5.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended, and for
expenses necessary for the Federal Co-Chairman and the Alternate on the
Appalachian Regional Commission, for payment of the Federal share of
the administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$162,535,255, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $45,000,000, to
remain available until September 30, 2027, of which not to exceed
$1,000 shall be available for official reception and representation
expenses.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and to
carry out its activities, as authorized by the Delta Regional Authority
Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said
Act, $25,274,232, to remain available until expended.
Denali Commission
For expenses necessary for the Denali Commission including the
purchase, construction, and acquisition of plant and capital equipment
as necessary and other expenses, $13,815,497, to remain available until
expended, notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That funds shall be
available for construction projects for which the Denali Commission is
the sole or primary funding source in an amount not to exceed 80
percent of total project cost for distressed communities, as defined by
section 307 of the Denali Commission Act of 1998 (division C, title
III, Public Law 105-277), as amended by section 701 of appendix D,
title VII, Public Law 106-113 (113 Stat. 1501A-280), and for Indian
Tribes, as defined by section 5304(e) of title 25, United States Code,
and in an amount not to exceed 50 percent for non-distressed
communities: Provided further, That notwithstanding any other
provision of law regarding payment of a non-Federal share in connection
with a grant-in-aid program, amounts under this heading shall be
available for the payment of such a non-Federal share for any project
for which the Denali Commission is not the sole or primary funding
source, provided that such project is consistent with the purposes of
the Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $33,319,727, to remain available until expended:
Provided, That such amounts shall be available for administrative
expenses, notwithstanding section 15751(b) of title 40, United States
Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V of title
40, United States Code, $16,253,526, to remain available until
expended.
Southwest Border Regional Commission
For expenses necessary for the Southwest Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $4,063,381, to remain available until expended.
Great Lakes Authority
For expenses necessary for the Great Lakes Authority in carrying
out activities authorized by subtitle V of title 40, United States
Code, $4,063,381, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, $952,700,000, including official representation expenses
not to exceed $30,000, to remain available until expended: Provided,
That of the amount appropriated herein, not more than $11,494,000 may
be made available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September 30, 2027:
Provided further, That revenues from licensing fees, inspection
services, and other services and collections estimated at $804,509,977
in fiscal year 2026 shall be retained and used for necessary salaries
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall
remain available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received during
fiscal year 2026 so as to result in a final fiscal year 2026
appropriation estimated at not more than $148,190,023.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$18,795,000, to remain available until September 30, 2027: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $14,885,000 in fiscal year 2026
shall be retained and be available until September 30, 2027, for
necessary salaries and expenses in this account, notwithstanding
section 3302 of title 31, United States Code: Provided further, That
the sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2026 so as to result in a final fiscal year
2026 appropriation estimated at not more than $3,910,000: Provided
further, That of the amounts appropriated under this heading,
$1,572,000 shall be for Inspector General services for the Defense
Nuclear Facilities Safety Board.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100-203, section 5051, $4,000,000,
to be derived from the Nuclear Waste Fund, to remain available until
September 30, 2027.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply with the
July 5, 2011, version of Chapter VI of its Internal Commission
Procedures when responding to Congressional requests for information,
consistent with Department of Justice guidance for all Federal
agencies.
Sec. 402. (a) The amounts made available by this title for the
Nuclear Regulatory Commission may be reprogrammed for any program,
project, or activity, and the Commission shall notify the Committees on
Appropriations of both Houses of Congress at least 30 days prior to the
use of any proposed reprogramming that would cause any program funding
level to increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the notification
requirement in subsection (a) if compliance with such requirement would
pose a substantial risk to human health, the environment, welfare, or
national security.
(2) The Nuclear Regulatory Commission shall notify the Committees
on Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days after
the date of the activity to which a requirement or restriction would
otherwise have applied. Such notice shall include an explanation of the
substantial risk under paragraph (1) that permitted such waiver and
shall provide a detailed report to the Committees of such waiver and
changes to funding levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ``Nuclear Regulatory
Commission--Salaries and Expenses'' shall be expended as directed in
the report accompanying this Act.
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through a
reprogramming of funds that increases funds or personnel for any
program, project, or activity for which funds are denied or restricted
by this Act.
(e) The Commission shall provide a monthly report to the Committees
on Appropriations of both Houses of Congress, which includes the
following for each program, project, or activity, including any prior
year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer authority referenced in the report
accompanying this Act, or any authority whereby a department, agency,
or instrumentality of the United States Government may provide goods or
services to another department, agency, or instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to
accounts funded in title III of this Act, except pursuant to a transfer
made by or transfer authority provided in this Act or any other
appropriations Act for any fiscal year, transfer authority referenced
in the report accompanying this Act, or any authority whereby a
department, agency, or instrumentality of the United States Government
may provide goods or services to another department, agency, or
instrumentality.
(c) The head of any relevant department or agency funded in this
Act utilizing any transfer authority shall submit to the Committees on
Appropriations of both Houses of Congress a semiannual report detailing
the transfer authorities, except for any authority whereby a
department, agency, or instrumentality of the United States Government
may provide goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the year-to-date.
This report shall include the amounts transferred and the purposes for
which they were transferred, and shall not replace or modify existing
notification requirements for each authority.
Sec. 503. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 504. (a) No federal monies shall be expended in furtherance of
any agreement among private entities for consolidated interim storage
of spent nuclear fuel that is not specifically authorized under federal
law until such time that host state and local governments and any
affected Indian tribes have formalized their consent.
(b) Provided that the prohibition provided for in this section
shall not apply to facilities presently storing commercial spent
nuclear fuel, pursuant to a license issued by the Nuclear Regulatory
Commission, as of the date of enactment of this Act.
(c) For purposes of this section, ``spent nuclear fuel'' shall have
the same meaning as provided in section 2 of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10101).
Sec. 505. None of the funds made available by this Act may be used
for diversity, equity, and inclusion initiatives, training, programs,
offices, officers, policies, or other executive agency functions, or to
carry out any program, project, or activity that promotes or advances
Critical Race Theory or any concept associated with Critical Race
Theory.
Sec. 506. (a) In General.--Notwithstanding section 7 of title 1,
United States Code, section 1738C of title 28, United States Code, or
any other provision of law, none of the funds provided by this Act, or
previous appropriations Acts, shall be used in whole or in part to take
any discriminatory action against a person, wholly or partially, on the
basis that such person speaks, or acts, in accordance with a sincerely
held religious belief, or moral conviction, that marriage is, or should
be recognized as, a union of one man and one woman.
(b) Discriminatory Action Defined.--As used in subsection (a), a
discriminatory action means any action taken by the Federal Government
to--
(1) alter in any way the Federal tax treatment of, or cause
any tax, penalty, or payment to be assessed against, or deny,
delay, or revoke an exemption from taxation under section
501(a) of the Internal Revenue Code of 1986 of, any person
referred to in subsection (a);
(2) disallow a deduction for Federal tax purposes of any
charitable contribution made to or by such person;
(3) withhold, reduce the amount or funding for, exclude,
terminate, or otherwise make unavailable or deny, any Federal
grant, contract, subcontract, cooperative agreement, guarantee,
loan, scholarship, license, certification, accreditation,
employment, or other similar position or status from or to such
person;
(4) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny, any entitlement or benefit under a Federal
benefit program, including admission to, equal treatment in, or
eligibility for a degree from an educational program, from or
to such person; or
(5) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny access or an entitlement to Federal
property, facilities, educational institutions, speech fora
(including traditional, limited, and nonpublic fora), or
charitable fundraising campaigns from or to such person.
(c) Accreditation; Licensure; Certification.--The Federal
Government shall consider accredited, licensed, or certified for
purposes of Federal law any person that would be accredited, licensed,
or certified, respectively, for such purposes but for a determination
against such person wholly or partially on the basis that the person
speaks, or acts, in accordance with a sincerely held religious belief
or moral conviction described in subsection (a).
Sec. 507. None of the funds made available by this Act or any
other Act may be used to implement, administer, or enforce any COVID-19
mask or vaccine mandates.
Sec. 508. None of the funds appropriated or otherwise made
available by this Act may be used to fly or display a flag over or
within a facility of the federal government other than the flag of the
United States, flag bearing an official U.S. Government seal or
insignia, or POW/MIA flag.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be made available to finalize any rule or
regulation that meets the definition of section 804(2)(A) of title 5,
United States Code.
Sec. 510. None of the funds appropriated or otherwise made
available by this Act or any other Act may be available to classify or
facilitate the classification of any communications by a United States
person as mis-, dis-, or mal-information; or partner with or fund
nonprofit or other organizations that pressure or recommend private
companies to censor lawful and constitutionally protected speech of
United States persons, including recommending the censoring or removal
of content on social media platforms.
Sec. 511. Section 225(c)(2)(A)(ii) of the Water Resources
Development Act of 1992 (33 U.S.C. 2328(c)(2)(A)(ii)) is amended by
striking ``at recreation site at which the fee is collected'' and
inserting ``at any recreation site or facility that is located at the
civil works project at which the fee is collected''.
spending reduction account
Sec. 512. $0.
This Act may be cited as the ``Energy and Water Development and
Related Agencies Appropriations Act, 2026''.
Union Calendar No. 173
119th CONGRESS
1st Session
H. R. 4553
[Report No. 119-213]
_______________________________________________________________________
A BILL
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2026, and for other
purposes.
_______________________________________________________________________
July 21, 2025
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed