Technical corrections only. The changes between v4 (Enrolled Bill) and v5 (Public Law) consist of standard legislative publication details, including the Public Law number, approval date, legislative history, and GPO annotations. No substantive policy changes were made.
Commerce, Justice, Science; Energy and Water Development; and Interior and Environment Appropriations Act, 2026
- Sponsor
- Rep. Cole, Tom [R-OK-4]
- Committees
- Budget Committee (primary)
- Last action
- Jan 23, 2026
Bottom line
This omnibus appropriations bill funds a broad spectrum of federal government operations and programs for fiscal year 2026, including significant allocations for science, law enforcement, environmental protection, and infrastructure, while also incorporating specific policy directives and rescissions.
What it actually does
This Act provides consolidated appropriations for the fiscal year ending September 30, 2026, across three major divisions: Commerce, Justice, Science, and Related Agencies; Energy and Water Development and Related Agencies; and Department of the Interior, Environment, and Related Agencies. It allocates significant funding to numerous federal departments, agencies, and programs, covering a wide range of government operations, research, infrastructure projects, and grant programs. The bill also includes various general provisions that modify existing laws, set spending conditions, and address specific policy matters.
Proponents argue
Proponents argue that this consolidated appropriations bill is essential for maintaining critical government functions, investing in national priorities like scientific research, infrastructure, and public safety, and ensuring the continued delivery of vital services to American citizens. They highlight the necessity of providing stable funding for federal agencies and programs, supporting economic development, and addressing pressing issues such as climate change, energy security, and community needs through targeted grants and initiatives. Supporters also emphasize that the bill reflects a negotiated compromise to keep the government funded and operational.
Opponents contend
Opponents may contend that the bill represents excessive spending, contributing to the national debt, or that it includes earmarks and specific project funding that are not subject to sufficient competitive review. Concerns could also be raised about certain policy riders that may be seen as unrelated to the core appropriations function or as advancing controversial agendas without proper debate. Some might argue that the bill does not adequately address fiscal discipline or that it prioritizes certain areas of spending over others that are deemed more critical.
The bill is exceptionally long and complex, requiring several hours for a thorough review. The consolidated nature and inclusion of numerous general provisions mean that understanding its full scope and implications demands significant time and expertise, far exceeding what is typically available for public or even legislative review before passage.
Division A, Title I, Department of Commerce
International Trade Administration Operations and Administration
This provision appropriates $582,000,000 for the International Trade Administration (ITA) to support international trade activities, facilitate business investment in the U.S., and promote U.S. exports. It specifies that $94,000,000 will remain available until September 30, 2027, and $20,000,000 will be derived from retained fees. A minimum of $16,400,000 is earmarked for China antidumping and countervailing duty enforcement.
Supporters argue
Supporters argue that robust funding for the ITA is crucial for promoting American economic interests abroad, attracting foreign investment, and ensuring fair trade practices, particularly in competitive markets like China. This investment helps U.S. companies grow and creates jobs domestically.
Critics contend
Critics might argue that some trade promotion activities could be more efficiently handled by the private sector or that the effectiveness of certain ITA programs is not adequately demonstrated. Concerns could also be raised about the allocation of funds to specific enforcement activities without broader strategic review.
Tradeoffs
The provision balances the need for government support in international trade with questions of efficiency and the appropriate role of federal agencies versus the private sector. It also highlights the ongoing tension in trade relations with countries like China.
Division A, Title I, Department of Commerce
National Institute of Standards and Technology (NIST) Scientific and Technical Research and Services
This provision allocates $1,249,239,000 to NIST for scientific and technical research and services, with $405,331,366 specifically designated for Community Project Funding/Congressionally Directed Spending (earmarks). Up to $9,000,000 may be transferred to the Working Capital Fund, and the earmarked funds cannot be transferred for other purposes.
Division A, Title II, Department of Justice
Federal Bureau of Investigation (FBI) Salaries and Expenses
This provision appropriates $10,609,456,000 for the FBI's salaries and expenses, covering detection, investigation, and prosecution of crimes against the United States. A portion, not exceeding $216,900,000, remains available until expended.
Division A, Title III, National Aeronautics and Space Administration (NASA)
NASA Science
This provision allocates $7,250,000,000 to NASA for science research and development activities, including space flight, spacecraft control, and communications. These funds remain available until September 30, 2027, with specific amounts for purposes detailed in an explanatory statement.
Division A, Title V, General Provisions
Rescissions of Unobligated Balances
This provision permanently rescinds significant unobligated balances from prior year appropriations across various Department of Commerce and Department of Justice accounts. For example, $60,000,000 from EDA Economic Development Assistance Programs, $36,000,000 from OVW Violence Against Women Prevention and Prosecution Programs, and $210,000,000 from the DOJ Working Capital Fund are rescinded. These rescissions are not from emergency or disaster relief funds.
Division B, Title I, Corps of Engineers--Civil
Corps of Engineers--Civil Construction
This provision appropriates $3,169,966,000 for the construction of river and harbor, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration projects. A portion, $217,983,000, is derived from the Harbor Maintenance Trust Fund for dredged material disposal facilities, and sums from the Inland Waterways Trust Fund cover 25% of inland waterways project costs. The Secretary is prohibited from deviating from the submitted work plan.
Division B, Title III, Department of Energy
Department of Energy Science
This provision allocates $8,400,000,000 to the Department of Energy for science activities, including plant and capital equipment acquisition, and research. These funds remain available until expended, with $226,831,000 specifically for program direction.
Division B, Title III, Department of Energy
Title 17 Innovative Technology Loan Guarantee Program
This provision appropriates $35,000,000 for administrative expenses of the Title 17 Innovative Technology Loan Guarantee Program, with up to $35,000,000 in fees collected to be credited as offsetting collections. An additional $150,000,000 is provided for the cost of loan guarantees for small modular reactors or advanced nuclear reactors, with strict conditions precluding federal support for projects receiving these guarantees, except for certain tax benefits, federal land leases, federal insurance, or use of federal power marketing administration transmission facilities.
Division C, Title I, Department of the Interior
Bureau of Land Management (BLM) Management of Lands and Resources
This provision appropriates $1,260,166,000 for the BLM to manage public lands and resources, including protection, use, improvement, and cadastral surveying. Specific amounts are allocated for annual and deferred maintenance ($48,560,000), and the wild horse and burro program ($144,000,000), both remaining available until expended. It also includes $3,246,000 for specific community projects and allows the use of fee account funds for oil and gas permit processing.
Division C, Title I, Department of the Interior
Indian Health Service (IHS) Indian Health Services
This provision provides significant funding for Indian Health Services, including $66,993,000 available until September 30, 2027, and an additional $4,789,731,000 becoming available on October 1, 2026, and remaining available through September 30, 2028. It includes specific allocations for Electronic Health Record System, Indian Health Care Improvement Fund, Purchased/Referred Care ($996,755,000), Indian Catastrophic Health Emergency Fund ($54,000,000), and accreditation emergencies ($58,000,000). Funds for tribal contracts/grants are deemed obligated at award and remain available without fiscal year limitation.
Division C, Title II, Environmental Protection Agency (EPA)
EPA State and Tribal Assistance Grants (STAG)
This provision appropriates $4,409,609,000 for environmental programs and infrastructure assistance, including capitalization grants for Clean Water State Revolving Funds ($1,638,861,000) and Drinking Water State Revolving Funds ($1,126,101,000). It includes significant earmarks for specific water infrastructure projects, mandates a 10% allocation for green infrastructure in Clean Water SRF, and provides grants for Alaska Native Villages, brownfields cleanup, targeted airshed grants, and lead service line replacement.
Division C, Title III, Department of Agriculture, Forest Service
Forest Service Wildland Fire Management
This provision appropriates $2,426,111,000 for forest fire presuppression, emergency wildland fire suppression, and rehabilitation of burned-over lands. It includes $1,011,000,000 specifically for wildfire suppression operations, designated to meet budget enforcement terms. Funds are available until expended and can be used to reimburse states and other cooperating entities for emergency services.
Division C, Title IV, General Provisions
Prohibition on Use of Funds for GHG Emissions from Livestock
This provision prohibits the use of funds made available by this Act or any other Act to promulgate or implement any regulation requiring the issuance of permits under title V of the Clean Air Act for carbon dioxide, nitrous oxide, water vapor, or methane emissions resulting from biological processes associated with livestock production.
Division C, Title IV, General Provisions
Lava Ridge Wind Project Analysis and Consultation Requirement
This provision prohibits the obligation or expenditure of funds for granting, issuing, or renewing a right-of-way for the Lava Ridge Wind Project until the Secretary of the Interior, through the Bureau of Land Management, has analyzed action alternatives in consultation with local officials and stakeholders to reduce impacts on wildlife, cultural resources, transportation, hunting, wetlands, and connected surface and ground waters. This consultation must be completed by September 30, 2026, and no funds can be used for the right-of-way while consultations are ongoing.
Division C, Title IV, General Provisions
Repurposing of Infrastructure Investment and Jobs Act Funds
This provision repurposes significant unobligated balances from the Infrastructure Investment and Jobs Act (IIJA) for new uses. For example, $763,514,000 from various IIJA environmental and mine reclamation funds are transferred to the Department of the Interior's Wildland Fire Management (excluding suppression). Additionally, $65,000,000 from IIJA oversight funds are transferred to the Interior OIG, and $146,486,000 from IIJA mine reclamation funds are transferred to Forest Service Operations.
The provision applies sections 105(f) and 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 to the Bureau of Industry and Security's (BIS) export administration and national security activities. These sections relate to the use of foreign currencies and the authority to accept gifts and donations.
Division A, Title I, Department of Commerce, Bureau of Industry and Security, Operations and Administration
Why it matters:This is standard legislative practice for incorporating existing authorities by reference, rather than re-writing them in full, to grant specific operational flexibilities to an agency.
Case for: Applying these provisions allows BIS greater flexibility in managing its overseas operations and accepting contributions, which can enhance its ability to carry out export control and national security activities more effectively, especially in foreign countries.
Case against: No specific opposition is typically raised against this provision, as it is an administrative authority. However, some might argue that broad authorities to accept gifts or use foreign currencies should always be subject to explicit, detailed oversight to prevent potential misuse.
Estimated impact: Provides administrative flexibility and potential for supplemental funding from non-appropriated sources for BIS operations, likely in the millions of dollars over time, but not a direct appropriation.
This section prohibits funds from being used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the officer knows or suspects the individual is an agent of a drug cartel, unless the firearm is continuously monitored or controlled by U.S. law enforcement. This specifically exempts the National Instant Criminal Background Check System (NICS).
Division A, Title II, Department of Justice, General Provisions, Sec. 215
Why it matters:This provision is a direct response to the 'Fast and Furious' scandal, where firearms were allowed to 'walk' into Mexico, and is a policy rider attached to an appropriations bill. Its placement in general provisions is common for such policy directives.
Case for: Proponents argue this provision is essential to prevent federal law enforcement from inadvertently or intentionally contributing to illegal arms trafficking, particularly to dangerous drug cartels, thereby enhancing public safety and national security. It ensures accountability and prevents a repeat of past failures.
Case against: No specific opposition is typically raised against this provision, as it addresses a widely condemned past practice. However, some might argue that it could, in rare circumstances, hinder certain complex undercover operations if interpreted too broadly, though the 'continuously monitor or control' clause aims to mitigate this.
Estimated impact: Prevents potential federal involvement in illegal firearm transfers, with significant implications for law enforcement tactics and international relations, but no direct fiscal impact.
The provision states that the Bureau of Land Management (BLM) shall maintain staffing levels to fulfill its mission under various titles of the U.S. Code, including protecting natural and cultural resources, providing recreation access, maintaining infrastructure, conducting tribal consultation, and managing energy and minerals resources in a timely manner.
Division C, Title I, Department of the Interior, Bureau of Land Management, Management of Lands and Resources
Why it matters:This is a legislative directive aimed at ensuring agencies maintain core functions despite potential budget pressures or administrative reorganizations. While not a direct appropriation, it signals congressional intent regarding agency capacity.
Case for: Proponents argue that this language is necessary to ensure that the BLM maintains adequate staffing to perform its statutory duties, preventing degradation of public lands, ensuring public access, and fulfilling tribal trust responsibilities, especially in the face of increasing demands and often constrained budgets.
Case against: No specific opposition is typically raised against a general directive to maintain staffing levels, as it supports core agency functions. However, some might argue that such language is aspirational without specific funding mandates, or that it could limit agency flexibility in managing its workforce.
Estimated impact: Reinforces congressional expectation for BLM staffing and mission fulfillment, potentially influencing hiring and resource allocation decisions within the agency, but without a direct, quantifiable fiscal impact from this language alone.
For fiscal year 2026, to the extent there are sufficient eligible project applications and projects are consistent with State Intended Use Plans, not less than 10 percent of the funds made available to each State for Clean Water State Revolving Fund capitalization grants shall be used by the State for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities.
Division C, Title II, Environmental Protection Agency, State and Tribal Assistance Grants, Proviso 1
Why it matters:This is a policy directive that guides how states must spend a portion of their federal water infrastructure funds. It's a common way to insert policy priorities into appropriations bills without creating new standalone programs.
Case for: Proponents argue that this mandate encourages states to invest in sustainable and innovative water infrastructure solutions, which can lead to long-term cost savings, environmental benefits, and resilience to climate change. It pushes states towards more forward-thinking projects.
Case against: Critics might argue that such mandates limit state flexibility in addressing their most pressing water infrastructure needs, which may not always align with green infrastructure priorities. It could also lead to states struggling to meet the 10% threshold if eligible projects are scarce or less urgent than other needs.
Estimated impact: Directs a minimum of $163,886,100 (10% of $1,638,861,000) towards green infrastructure or efficiency projects within the Clean Water SRF program nationally, influencing state-level investment decisions.