H.R. 4553 — Energy and Water Development and Related Agencies Appropriations Act, 2026

This section prohibits reprogramming of funds provided in title I of this Act (or prior-year funds available in FY2026) 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 denied or restricted by this Act; (4) uses funds directed for a specific activity for a different purpose; or (5) augments or reduces existing programs, projects, or activities beyond thresholds in subsections (6)-(10), unless approved by the Committees on Appropriations of both Houses of Congress. It establishes the following reprogramming thresholds: (1) for Investigations, 25% of base (up to $150,000) if base exceeds $100,000 or $25,000 if base is less than $100,000, plus up to $25,000 into continuing activities without appropriation; (2) for Construction, 15% of base (up to $3 million) if base exceeds $2 million or $300,000 if base is less than $2 million, plus up to $3 million for settled claims or $300,000 into continuing activities without appropriation; (3) for Operation and Maintenance, unlimited for emergencies (with notification) or 15% of base (up to $5 million) if base exceeds $1 million or $150,000 if base is less than $1 million, plus up to $150,000 into continuing activities without appropriation; (4) for Mississippi River and Tributaries, the thresholds in (1)-(3) for respective portions; and (5) for Formerly Utilized Sites Remedial Action Program, up to 15% of the receiving project's base. This section exempts reprogrammings below $50,000 from submission to the Committees; excludes projects under the Continuing Authorities Program from the prohibition in subsection (a)(1); and requires the Secretary to submit a baseline reprogramming report within 60 days of enactment, including tables by object class and program/project/activity detailing the President's budget request, congressional adjustments, rescissions, and enacted levels, plus items of special congressional interest.

This section directs the Secretary to allocate funds made available in this Act solely in accordance with the Act's provisions and the accompanying report, including the determination and designation of new starts (i.e., new fixed guideway transit projects eligible for Federal Transit Administration capital investment grants).

This section prohibits the use of funds appropriated in this title to award or modify any contract committing funds beyond the appropriated and unobligated amounts for that program, project, or activity, except for funds reprogrammed under section 101.

This section authorizes the Secretary of the Army to transfer up to $8,733,000 of funds provided in this title under the heading “Operation and Maintenance” to the Fish and Wildlife Service for mitigation of fisheries lost due to Corps of Engineers projects, which the Fish and Wildlife Service may accept and expend.

This section prohibits the use of funds appropriated by this Act for open lake placement of dredged material from Lake Erie or its tributaries—after evaluating the least costly, environmentally acceptable disposal or management option—unless approved under a state water quality certification pursuant to Clean Water Act (CWA) section 401 (33 U.S.C. 1341). Until such certification is obtained, the provision directs the U.S. Army Corps of Engineers to continue upland placement of such material consistent with Water Resources Development Act of 1986 section 101 (33 U.S.C. 2211).

This section prohibits the use of funds provided by this Act to conduct any water supply reallocation study for the Wolf Creek Dam, Lake Cumberland, Kentucky, project.

This section prohibits the Secretary of the Army from promulgating or enforcing any regulation that prohibits an individual from possessing a firearm—including an assembled or functional firearm—at a water resources development project covered under 36 C.F.R. § 327.0 (as in effect on the date of enactment), if (1) the individual is not otherwise prohibited by law from possessing a firearm and (2) the possession complies with the law of the state where the project is located. (Thus, the provision allows firearm possession at U.S. Army Corps of Engineers projects—such as lakes and dams open to public use—consistent with state law.)

This section restricts reprogramming of FY2026 funds appropriated under the Bureau of Reclamation—Water and Related Resources heading in title II, or prior/subsequent appropriations remaining available in FY2026, without prior approval from the House and Senate Committees on Appropriations. Prohibited reprogrammings include (1) creating or initiating a new program, project, or activity; (2) eliminating a program, project, or activity; (3) increasing funding for any program, project, or activity denied or restricted by this Act; (4) restarting or resuming any program, project, or activity not funded by this Act; (5) transfers exceeding 15% of funds available for any program, project, or activity (PPA) with $2 million or more at fiscal year start, or $400,000 for any PPA with less than $2 million; (6) transfers exceeding $500,000 between the Facilities Operation, Maintenance, and Rehabilitation category and the Resources Management and Development category; or (7) transfers exceeding $5 million to settle contractor claims, accelerated operations costs, or real property judgments. Subsection (a)(5) does not apply to transfers within the Facilities Operation, Maintenance, and Rehabilitation category; defines "transfer" as any movement of funds into or out of a PPA; directs expenditure of funds per the "House Recommended" columns in the accompanying report table; and requires quarterly reports to the Committees on Appropriations on all reprogrammings, with the first due within 60 days of enactment.

This section (1) prohibits the use of funds appropriated by this Act to determine the final point of discharge for the San Luis Unit interceptor drain until the Secretary of the Interior and California develop a plan, conforming to state water quality standards approved by the EPA, to minimize detrimental effects of the drainage waters; and (2) directs the Secretary to classify costs of the Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program as reimbursable or nonreimbursable and collect them until fully repaid pursuant to the "Cleanup Program—Alternative Repayment Plan" and "SJVDP—Alternative Repayment Plan" in a February 1995 Department of the Interior report. It further requires future federal obligations for San Luis Unit drainage service or studies to be fully reimbursable by unit beneficiaries under federal reclamation law. (As background, these programs address selenium and salinity contamination from Central Valley Project irrigation drainage, which caused wildlife die-offs at Kesterson Reservoir.)

This section extends and revises provisions of the Water Infrastructure Improvements for the Nation Act (P.L. 114-322) related to desalination and water reuse; increases the aggregate cost-sharing limit for Bureau of Reclamation wastewater and groundwater recharge projects to $177.5 million (from $50 million); and increases the authorization of appropriations for the Water Desalination Act of 1996 research, development, and demonstration program to $106.5 million (from $30 million). Specifically, with respect to the Water Infrastructure Improvements for the Nation Act, the section (1) extends the authorization of appropriations under section 4007(i) through FY2027 (from FY2021); and (2) revises section 4013 to specify that authority under section 4004—which supports desalination grants and projects to increase water supply from nontraditional sources—expires on December 16, 2034 (from 10 years after enactment, or December 16, 2026), and to require related reports under section 4009(c) on or before December 16, 2026. (Thus, these changes support continued federal investment in desalination infrastructure and planning amid growing water scarcity.)

This section extends authorizations under Title I of the CALFED Bay-Delta Authorization Act (P.L. 108-361)—which supports federal-state coordination on Sacramento-San Joaquin Delta water supply reliability, water quality, and ecosystem restoration—through 2026 (from 2022). It also increases the authorization of appropriations under sec. 103(f)(4)(A) of such act to $35 million (from $30 million).

This section increases the total amount authorized to be appropriated for the Northwestern New Mexico Rural Water Projects to $1.815 billion (from $870 million) available through 2026 (from 2024). (As background, the projects direct the Bureau of Reclamation to construct water supply, storage, and delivery infrastructure serving the Navajo Nation, Jicarilla Apache Nation, and certain municipalities and irrigation districts in northwestern New Mexico.)

This section establishes restrictions and requirements on the obligation and expenditure of funds appropriated for the Department of Energy (DOE) by this title, including (1) prohibiting the use of such funds to initiate or resume any program, project, or activity not funded by Congress or to prepare solicitations (e.g., requests for proposals) for them; (2) requiring the Secretary of Energy to notify the House and Senate Appropriations Committees at least 3 full business days in advance of awards exceeding $1 million for grants/contracts/other transaction agreements or nonoperational funding to national laboratories, $25 million for direct nonoperational funding to a national laboratory, or related public announcements/terminations, along with quarterly reports on grants under $1 million; (3) prohibiting multiyear contracts, grants, or cooperative agreements under the "Energy Programs" heading unless fully funded for the performance period or with 3 days' advance committee notice; (4) directing expenditure of amounts as specified in the bill table for Title III, subject to reprogramming; (5) authorizing reprogramming with 30 days' prior committee approval if it increases or decreases any program, project, or activity by more than $5 million or 10% (whichever is less); (6) prohibiting reprogrammings that create/initiate/eliminate a program, increase funding for denied/restricted activities, or reduce directed funding; (7) authorizing the Secretary to waive these requirements for substantial risks to health, environment, welfare, or national security, with notice to committees within 3 days; and (8) making unexpended prior-year balances available for merger into the same accounts for the original period of availability.

This section deems funds appropriated by this or any other Act, or made available by transfer in this Act, for intelligence activities as specifically authorized by Congress for purposes of 50 U.S.C. 3094 during FY2026 until enactment of the Intelligence Authorization Act for FY2026. (Thus, this satisfies the statutory prerequisite in 50 U.S.C. 3094(a)(1) for obligating or expending such funds pending the annual intelligence authorization act.)

This section prohibits use of funds provided in this title for construction of high-hazard nuclear facilities (as classified under 10 CFR Part 830) unless the Office of Enterprise Assessments conducts independent oversight to ensure compliance with nuclear safety requirements.

This section prohibits the Department of Energy from using funds provided in this title to approve critical decision-2 (CD-2, i.e., performance baseline) or critical decision-3 (CD-3, i.e., start of construction) under DOE Order 413.3B—or successor guidance—for construction projects with total estimated costs exceeding $100 million until a separate independent cost estimate is developed for that decision.

This section prohibits the use of funds provided in this title for grant allocation awards, discretionary grant awards, or cooperative agreements exceeding $100 million in federal funding unless the project is carried out through internal independent project management procedures.

This section prohibits direct transfers of funds from the 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.

This section prohibits the Secretary of Energy from establishing any new regional petroleum product reserve unless funding for the proposed reserve is explicitly requested in advance in the President's annual budget pursuant to 31 U.S.C. 1105 and approved by Congress in an appropriations Act. The budget request must include (1) justification for the new reserve; (2) a cost estimate for establishment, operation, and maintenance, including funding sources; (3) a detailed plan for operation, including conditions for product release; (4) the reserve's location; and (5) an estimate of the total inventory.

This section prohibits using funds appropriated by this Act to draw down and sell petroleum products from the Strategic Petroleum Reserve (SPR)—the U.S. emergency crude oil stockpile—to (1) any entity under the ownership, control, or influence of the Chinese Communist Party or (2) except on condition that such products will not be exported to the People's Republic of China.

This section prohibits the Secretary of Energy from using funds appropriated by this Act to award any grant, contract, cooperative agreement, or loan of $10 million or greater to an entity of concern, as defined in section 10114 of division B of P.L. 117-167 (i.e., certain foreign entities owned, controlled by, or subject to the jurisdiction of China or other covered foreign countries that pose national security risks). It further (1) requires implementation via a risk-based approach using analytical tools to aggregate, link, analyze, and maintain reported information from entities seeking or receiving such funds; (2) authorizes the Secretary to require necessary documentation from such entities; (3) exempts implementation from the Paperwork Reduction Act (44 U.S.C. ch. 35); (4) mandates coordination with other federal agencies to share relevant information; and (5) requires application consistent with U.S. international obligations.

This section prohibits the use of appropriated funds to admit any non-U.S. citizen from Russia or China to a nuclear weapons production facility (i.e., the Kansas City National Security Campus, Pantex Plant, Y-12 National Security Complex, Savannah River Site, Nevada National Security Site, or other DOE facilities so designated), other than public areas, unless the Department of Energy notifies the Committees on Appropriations and Armed Services of both Houses of Congress at least 30 days prior to admittance.

This section prohibits the Department of Energy from obligating or expending FY2025 funds to procure or purchase computers, printers, or interoperable videoconferencing services for office environments from any manufacturer, bidder, or offeror—or its subsidiary or parent entity—with any ownership stake by the People's Republic of China. The prohibition also applies to any third-party contracts by the Secretary for such equipment.

This section prohibits the use of funds appropriated by this Act to finalize, administer, implement, or enforce the Department of Energy final rule entitled “Clean Energy for New Federal Buildings and Major Renovations of Federal Buildings,” published in the Federal Register on May 1, 2024 (89 Fed. Reg. 35384). (The rule requires federal agencies to achieve 100% zero-emission energy sources in new construction by 2030 and major renovations by 2035, among other performance standards.)

This section transfers $5,104,132,548 in unobligated balances from specified Department of Energy programs to the Nuclear Energy account, in addition to amounts otherwise available, for (1) no more than two competitive awards for Generation 3+ small modular reactor deployment projects, (2) the two awards for demonstration projects made prior to enactment under the Advanced Reactor Demonstration Program (ARDP, 42 U.S.C. 16279a), and (3) risk reduction for future demonstrations under ARDP. The transfers are—(1) $672,652,992 from Energy Efficiency and Renewable Energy programs funded by the Infrastructure Investment and Jobs Act (IIJA, P.L. 117-58); (2) $981,479,556 from Nuclear Energy; (3) $1 billion from Fossil Energy and Carbon Management programs funded by IIJA; (4) $1.5 billion from the Carbon Dioxide Transportation Infrastructure Finance and Innovation Program; and (5) $950 million from Office of Clean Energy Demonstrations programs funded by IIJA. (ARDP supports demonstration of advanced nuclear reactors for commercial applications, including cost-competitive power generation, industrial heat, off-grid supply, and backup power.)

This section directs the Nuclear Regulatory Commission to 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.

This section authorizes the reprogramming of Nuclear Regulatory Commission (NRC) funds appropriated by this title for any program, project, or activity, subject to notification to the House and Senate Appropriations Committees at least 30 days prior to any change exceeding $500,000 or 10% (whichever is less) in a program's funding level. The section further (1) permits waiver of the notification if compliance poses a substantial risk to human health, environment, welfare, or national security, with notice and detailed report to the committees within 3 days after; (2) requires "Salaries and Expenses" funds to be expended as directed in the accompanying report, except as provided; (3) prohibits reprogramming to increase funds or personnel for any program, project, or activity denied or restricted by this Act; and (4) directs monthly reports to the committees detailing, for each program, project, or activity (including prior-year appropriations), total budget authority, unobligated balances, and unliquidated obligations.

This section prohibits the use of funds appropriated by this Act, 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 permitted under 18 U.S.C. 1913 (i.e., the federal anti-lobbying statute).

This section (1) prohibits transfers of funds made available in title III of this Act to any other U.S. government department, agency, or instrumentality except pursuant to transfer authority in this Act or other appropriations acts, transfer authority referenced in the accompanying report, or reimbursable goods or services; (2) prohibits transfers of funds to title III accounts except pursuant to the same specified authorities; and (3) requires semiannual reports from relevant agency heads to the Appropriations Committees detailing transfers made (excluding reimbursable goods or services), including amounts and purposes, without replacing existing notification requirements.

This section prohibits using funds appropriated by this Act to maintain or establish a computer network unless the network blocks the viewing, downloading, and exchanging of pornography. It exempts funds necessary for federal, state, tribal, or local law enforcement agencies or other entities carrying out criminal investigations, prosecutions, or adjudications.

This section prohibits expending federal funds in furtherance of any agreement among private entities for consolidated interim storage of spent nuclear fuel that lacks specific federal statutory authorization until the host state and local governments and any affected Indian tribes consent. The prohibition does not apply to facilities currently storing commercial spent nuclear fuel under a Nuclear Regulatory Commission license as of enactment. For this section, spent nuclear fuel has the meaning given in the Nuclear Waste Policy Act of 1982.

This section prohibits the use of funds appropriated by this Act for diversity, equity, and inclusion (DEI) initiatives, training, programs, offices, officers, policies, or other executive agency functions, or for any program, project, or activity that promotes or advances Critical Race Theory or any concept associated with Critical Race Theory.

This section prohibits the use of funds appropriated by this Act or prior appropriations Acts to take any discriminatory action against a person based on a sincerely held religious belief or moral conviction that marriage is or should be recognized as a union of one man and one woman, notwithstanding 1 U.S.C. 7 (which recognizes marriages valid in the place entered into, including same-sex marriages, for federal purposes), 28 U.S.C. 1738C, or other law. Discriminatory actions include (1) altering federal tax treatment or denying tax-exempt status under IRC §501(a), (2) disallowing charitable deductions, (3) denying federal grants, contracts, employment, or similar benefits, (4) denying federal entitlements or benefits (e.g., equal treatment in educational programs), or (5) denying access to federal property or facilities; the section further requires the federal government to deem accredited, licensed, or certified any person who would qualify for such status absent the specified belief.

This section prohibits the use of funds appropriated or otherwise made available by this Act to fly or display any flag over or within a federal government facility other than the flag of the United States, a flag bearing an official U.S. government seal or insignia, or the POW/MIA flag.

This section prohibits the use of funds appropriated or otherwise made available by this Act to finalize any rule or regulation that the Office of Information and Regulatory Affairs determines has resulted in or is likely to result in an annual effect on the economy of $100 million or more (i.e., rules meeting the threshold in 5 U.S.C. §804(2)(A)).

This section prohibits the use of funds appropriated by this Act or any other Act from being available to classify or facilitate the classification of any communications by a United States person as mis-, dis-, or mal-information or to 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.

This section modifies the permitted uses of user fees retained by non-Federal public entities or private nonprofit entities under cooperative agreements for managing recreation facilities and natural resources at Army Corps of Engineers civil works projects. Specifically, such entities may use up to 100% of collected fees at any recreation site or facility located at the civil works project where the fee is collected (from only at the recreation site at which the fee is collected).

This section prohibits the use of funds provided by this Act to close the Toto Creek, Bolding Mill, Duckett Mill, Old Federal, Van Pugh South Campground, Sawnee, or Bald Ridge Creek campgrounds at Lake Sidney Lanier, Georgia.