CR Signed, Sealed and Delivered: Government Reopens

Brownstein Client Alert, Nov. 13, 2025

OVERVIEW

On the evening of Nov. 12, 2025, President Trump signed H.R. 5371 – Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026, ending the record-breaking 43-day government shutdown. Hours before, the House of Representatives voted 222-209 to advance H.R. 5371. All Democrats voted against the measure, with the exception of Reps. Henry Cuellar (D-TX), Marie Gluesenkamp Perez (D-WA), Don Davis (D-NC), Tom Suozzi (D-NY), Adam Gray (D-CA) and Jared Golden (D-ME). Two Republicans—Reps. Thomas Massie (R-KY) and Greg Steube (R-FL)—additionally broke with their party to oppose the continuing resolution (CR). Earlier this week, the Senate voted 60-40 with Sens. Dick Durbin (D-IL), Maggie Hassan (D-NH), Catherine Cortez Masto (D-NV), Tim Kaine (D-VA), Jeanne Shaheen (D-NH), John Fetterman (D-PA), Jacky Rosen (D-NV) and Angus King (I-ME) joining Senate Republicans in support. Sen. Rand Paul (R-KY) was the sole Republican to vote against the bill. The Senate reached an agreement over the weekend to support a clean CR and three fiscal year 2026 appropriations bills, breaking the weeks-long stalemate and forcing the House to come back into session after 54 days.

The CR funds federal agencies through Jan. 30, 2026. It also includes a three-bill appropriations package including: Agriculture, Rural Development, Food and Drug Administration, and Related Agencies (Ag-FDA); Military Construction, Veterans Affairs, and Related Agencies; and Legislative Branch. The Ag-FDA bill fully funds SNAP benefits for the remainder of the fiscal year, resolving uncertainty stemming from a legal dispute with the Trump administration over continued funding during the shutdown. Additionally, the CR prohibits the Trump administration from issuing Reduction in Force (RIF) notices until Jan. 30, 2026, reverses any RIFs that agencies have implemented since Oct. 1. and requires that federal employees furloughed during the shutdown receive backpay. Further, the CR includes the long-awaited District of Columbia budget fix along with additional security funds for Congress and Supreme Court justices. Finally, the CR does not include a provision on extending the Affordable Care Act’s (ACA) enhanced Advance Premium Tax Credits (eAPTCs), which are set to expire at year-end, but Leader Thune has committed to holding a vote on the matter by mid-December. Speaker Johnson has not made similar commitments.

LOOKING FORWARD

Appropriators now face a tight timeline—roughly two and a half months, and even fewer legislative days—to reconcile the nine remaining appropriations bills that have significant topline and policy differences between the chambers. The table below reflects the status of the remaining appropriations bills.

The House returns on Monday, Nov. 17, with Speaker Mike Johnson (R-LA) warning of “long days and long nights for the foreseeable future.” The Senate will return on Tuesday, Nov. 18, and is expected to begin work on a second minibus package to pair the Defense bill with the CJS, Labor-HHS, THUD and Interior appropriations bills.

Appropriations BillHouse Bill TextSenate Bill TextMarkup ScheduleStatus
Agriculture, Rural Development, Food and Drug Administration, and Related AgenciesHouse Ag-FDA TextSenate Ag-FDA TextPassed out of Full House Committee, 35-27 Passed out of the Senate, 87-9Became Law
Commerce, Justice, Science, and Related AgenciesHouse CJS TextSenate CJS TextPassed out of Full House Committee, 34-28 Passed out of Full Senate Committee, 19-10Awaiting floor votes in House and Senate
DefenseHouse Defense TextSenate Defense TextPassed out of the House, 221-209 Passed out of Full Senate Committee, 26-3Awaiting floor vote in Senate
Energy and Water DevelopmentHouse Energy and Water TextSenate Energy and Water TextPassed out of the House, 214-213 Passed out of Full Senate Committee, 28-0Awaiting floor vote in Senate
Financial Services and General GovernmentHouse FSGG TextNot available yet Passed out of Full House Committee, 35-28Awaiting Senate markup; House floor vote
Homeland SecurityHouse Homeland Security TextNot available yetPassed out of Full House Committee, 36-27Awaiting Senate markup; House floor vote  
Interior, Environment, and Related AgenciesHouse Interior TextSenate Interior TextPassed out of Full House Committee, 33-28 Passed out of Full Senate Committee, 26-2Awaiting floor votes in House and Senate
Labor, Health and Human Services, Education, and Related AgenciesHouse Labor-HHS TextSenate Labor-HHS TextPassed out of Full House Committee, 35-28 Passed out of Full Senate Committee, 26-3Awaiting floor votes in House and Senate
Legislative BranchHouse Leg Branch TextSenate Leg Branch TextPassed out of Full House Committee, 34-28 Passed out of the Senate, 81-15Became Law
Military Construction, Veterans Affairs, and Related AgenciesHouse MilConVA TextSenate MilConVA TextPassed out of the House, 218-206 Passed out of the Senate, 87-9Became Law
State, Foreign Operations, and Related ProgramsHouse National Security TextNot available yet  Passed out of Full House Committee, 35-27  Awaiting Senate markup; House floor vote  
Transportation, Housing and Urban Development, and Related AgenciesHouse THUD TextSenate THUD TextPassed out of Full House Committee, 35-28 Passed out of Full Senate Committee, 27-1Awaiting floor votes in House and Senate

THIS DOCUMENT IS INTENDED TO PROVIDE YOU WITH GENERAL INFORMATION REGARDING APPROPRIATIONS POST-SHUTDOWN. THE CONTENTS OF THIS DOCUMENT ARE NOT INTENDED TO PROVIDE SPECIFIC LEGAL ADVICE. IF YOU HAVE ANY QUESTIONS ABOUT THE CONTENTS OF THIS DOCUMENT OR IF YOU NEED LEGAL ADVICE AS TO AN ISSUE, PLEASE CONTACT THE ATTORNEYS LISTED OR YOUR REGULAR BROWNSTEIN HYATT FARBER SCHRECK, LLP ATTORNEY. THIS COMMUNICATION MAY BE CONSIDERED ADVERTISING IN SOME JURISDICTIONS.