HR 5371 Back in the House – FY 2026 CR and Spending Bills

Early this morning the House Rules Committee completed their consideration of the Senate Amendments to HR 5371, the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026. After rejecting 10 Democratic amendments to the Senate Amendments (all by the expected party-line 4 to 8 votes), the Committee voted to approve the Rule for the consideration of the bill on the floor of the House later today, again by an 8 to 4 vote.

According to the Committee’s website the rule:

• Provides for consideration of the Senate amendment to H.R. 5371.

• Makes in order a motion offered by the chair of the Committee on Appropriations or his designee that the House concur in the Senate amendment to H.R. 5371.

• Waives all points of order against consideration of the motion and the Senate amendment.

Provides that the Senate amendment and the motion shall be considered as read.

• Provides one hour of debate on the motion equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations or their respective designees.

The House is scheduled to meet at noon today with votes starting at 5:10 pm EST. All three of the fringe Republicans on the Rules Committee voted for the rule, so I expect that the rule and the bill will have sufficient votes to pass this evening, even if all the Democrats vote against them.

HR 5371 Passed in House and Failed in Senate – FY 2025 CR

Early yesterday, the House took up HR 5371, the Continuing Appropriations and Extensions Act, 2026. After one-hour of debate, the House voted to pass HR 5371 by a near party-line vote of 217 to 212. Shortly thereafter, and before the Senate acted on the bill, the House adjourned, going to a ‘District Work Period’ next week and returning to Washington on September 29^th, 2025.

Yesterday afternoon, with House members heading to the airports and trains, the Senate first took up S 2882, the Continuing Appropriations and Extensions and Other Matters Act, 2026, introduced by Sen Murray, Ranking Member of the Senate Appropriations Committee. That bill would have provided continuing spending authorization based upon 2025 spending levels through October 31^st, 2025. The other (than date) major changes were the healthcare provisions that the Democrats have been insisting on over the last month or so. This alternate CR failed by a vote of 44 to 48.

Then the Senate took up HR 5371. That bill also failed, this time by a vote of 47 to 45. Both bills would have required 60 votes to pass by a unanimous consent agreement reached earlier in the week.

And the Senate also left Washington yesterday, again, not intending to return until September 29^th. Interestingly, before they left Senators Thune and Schumer set both bills up for a potential reconsideration when the Senate returns to Washington. There is a remote chance that some sort of change could be made to one of the two that could pass in both the Senate and subsequently in the House before midnight on Tuesday.

More likely, we are going to see the federal government shutdown for some length of time in October.

HR 5371 Not Considered in House – FY 2026 CR

This evening the House adjourned without taking up HR 5371, the Continuing Appropriations and Extensions Act, 2026. The rule for the consideration of the bill (H Res 722) approved in the House yesterday evening by a vote of 216 to 210 with one Republican voting ‘Present’. The vote on HR 5371 was expected today, but the failure of the House to even begin consideration today almost certainly means that there were not sufficient Republican votes to pass the bill. The House will be in session tomorrow, so an early vote could take place then, but only if the leadership thinks that they have the votes to pass the bill.

While the current government funding through midnight on September 30^th, both the House and Senate are scheduled to be out of Washington, DC, next week in recognition of Rosh Hashanah (Monday through Thursday). This would leave just two days (the 29^th, and 30^th) to get a bill passed through both the House and Senate to prevent a government shutdown on Wednesday, October 1^st.

Reporting on X was that the Senate would be voting on HR 5371 (expected to fail) and then a Democratic alternative (also expected to fail). Apparently ‘negotiations’ would take place over the break with a fresh vote on the 29^th.

Review - Bills Introduced – 9-16-25

Yesterday, with both the House and Senate in session, there were 87 bills introduced. One of those bills will receive additional coverage in this blog:

HR 5371 Making continuing appropriations and extensions for fiscal year 2026, and for other purposes. Cole, Tom [Rep.-R-OK-4].

 

For more information on these bills, including legislative history for similar bills in the 118th, as well as a mention in passing of a mineral extraction from brine bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/bills-introduced-9-16-25 - subscription required.

HR 5371 Rule Approved – FY 2026 CR

Today the House Rules Committee completed action on preparing a rule for HR 5371 [Committee Print], the ‘Continuing Appropriations and Extensions Act, 2026. This is a relatively clean, short-term CR. It would continue existing funding rates for the federal government through November 21^st, 2025. The rule would provide for a ‘closed-rule’ (limited debate, no amendments) for HR 5371. Vote on the rule (H Res 722) is scheduled for tomorrow; the vote on the bill will probably happen on Thursday. The House vote is taking place this week because the House and Senate are scheduled for a District Work period the following week.

The CR contains a whole slew of date extenders for various federal programs that are set to expire on midnight September 30^th, 2025. For the most part, those dates are extended to November 21^st. Programs of special interest here include:

6 USC 124n – Protection of certain facilities and assets from unmanned aircraft,

6 USC 1525 – Federal Cybersecurity Enhancement,

6 USC 1510 – Cybersecurity Information Sharing, and

6 USC 665g - State and Local Cybersecurity Grant Program

Moving Forward

Democratic appropriators have been demanding a role in negotiating the terms of the CR, and have apparently had no part in the crafting of this bill. They have been insisting on a variety of healthcare spending provisions that were not included in this bill. This means that there is little chance of seeing Democrats voting for this bill, putting the onus on the Republican to pass the bill. But this bill does not contain any significant spending cuts, so there may be some Radical Republican opposition to the bill.

The first thing to watch is the vote on the Rule tomorrow. This is probably why H Res 719, theHonoring the life and legacy of Charles “Charlie” James Kirk, resolution was added to this bill. The same Republicans that might vote against the rule for the CR, would have a hard time explaining a vote against the Kirk resolution. Almost any Republican votes against the Rule (the Republicans now only have a working majority of 2) will signal problems for the CR.

Review - HR XXXX – Full Year Continuing Resolution

Yesterday, the House Rules Committee published the committee print of a bill that would that would provide continued funding for the federal government thru September 30^th, 2025. The proposed bill is listed as “H.R. ____ - Full-Year Continuing Appropriations and Extensions Act, 2025” on the Committee site. It is a relatively ‘clean’ continuing resolution with ‘anomalies’ (changes to spending levels from the overall continuation of FY 2024 spending). The Committee will meet this afternoon to craft a rule that would include floor consideration of this bill. The bill will be formally introduced today, and an official bill number will be assigned overnight.

Moving Forward

Considering this bill under a rule would mean that a simple majority of members present at the vote would pass the bill. With a 1-vote majority, the Republicans could technically pass this bill without any support from Democrats. Unfortunately, the 119^th Congress is not that simple. There are probably enough no votes from Republican that vehemently oppose CR’s on principal to block eliminate the possibility of passing the bill without support from at least a few Democrats. In fact, at this point it is not even clear if there are enough votes in the House Rules Committee to include this bill in a rule (though there probably are with the application of pressure from the President).

 

For more details about the provisions of this bill, including two CISA program extensions (not CFATS), see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-xxxx-full-year-continuing-resolution - subscription required.

HR 10545 Passed in House – American Relief Act, 2025

With less than six hours remaining before the current government funding authorization ended, the House took up yet another version of a continuing resolution, HR 10545 [, the American Relief Act, 2025. Similar to yesterday’s HR 10515, the bill continues the current spending (FY 2024 levels) authorization through March 14^th, 2025, provides a relatively-clean 1-year extension of the Ag bill, and provides additional funding for disaster relief (specifically including agricultural relief for weather related AG losses). Missing is any mention of the debt limit that President-Elect Trump demanded be included in yesterday’s bill. After a little more than one hour of debate, the House passed the bill by a bipartisan vote of 366 to 34 to 1 {Rep Crockett (D,TX) voted ‘Present;}. Not unsurprisingly, all 34 nay votes came from Republicans.

TheHill.com is reporting that the Senate intends to take up HR 10545 before midnight so that there will be no need to ‘shut down’ the federal government. If they are late by even a couple of hours, it will make no practical difference.

Program Extensions

Beyond the healthcare program extensions in Division C, and the agricultural program extensions in Division D, there are five other stand alone program extensions found in Division E (links are provided for programs of interest here):

• Commodity futures trading commission whistleblower program,

• Protection of certain facilities and assets from unmanned aircraft {6 USC 124n(i)},

• Additional special assessment,

• National cybersecurity protection system authorization {6 USC 1525(a)}, and

• Extension of temporary order for fentanyl-related substances.

Notice that the Chemical Facility Anti-Terrorism Standards (CFATS) program was not included. I think that we can finally declare the program to be dead. Any attempt to revive the program in the 119^th Congress will have to deal with Sen Paul (R,KY) as Chair of the Senate Homeland Security and Governmental Affairs Committee. Paul can be expected to block any such legislation. Perhaps the focus should be on getting the voluntary ChemLockprogram authorized and expanded.

HR 10515 Failed in House – Trump Revised CR

After President-Elect Trump objected to the language of HR 10445, Speaker Johnson came up with a new version of the CR that met Trumps requirement, HR 10515 (draft version), the American Relief Act, 2025. The House took up that bill this evening and rejected the revised CR by a vote of 174 to 235. Thirty-five Republicans rejected the leaderships bill along with all but two Democrats. Politico.com is reporting that Democrats rejected the bill because they were left out of the negotiations today.

There were two reasons for the Republican opposition to the bill. First, it was another continuing resolution and there is a hard-core faction that will never support anything but the 12 standard spending bills. The second item was the addition demanded by Trump, the temporary extension of the debt limit (§5106). There are many in the Republican party that would not support such an extension without the inclusion of spending limits.

There is an outside chance that Johnson will bite-the-bullet and bring HR 10445 to the floor for a vote. There will be fewer Republican votes, but there will be a large number of Democrats that would support that bill, perhaps enough to make the supermajority limit required for passage under the suspension of the rules. The number of Republican votes will depend on individuals weighing the Trump/Musk threats versus being held responsible for a holiday government shutdown.

Regardless of what happens with the spending deadline, the Republicans have a real problem facing them on January 3^rd when the House convenes for the 119^th Congress. It is now obvious to even the most hopeful observer that Johnson will not be able to get 217 votes for Speaker in the opening vote. Too many people are upset with the way this CR issue was dealt with. And it does not look like Johnson is a good enough horse trader to get the requisite votes even further down the line. A bigger problem is the Party has no realistic backup candidate that can do any better. There are just too many bitter feelings and divergent views of where the Party should be going. January 2025 is going to be interesting, even before the 20^th.

FY 2025 December CR and Offset

This evening two bills were added to the Congress.gov Bills This Week web page:

Further Continuing Appropriations and Disaster Relief Supplemental Appropriations Act, 2025, and

Disaster Offset and Government Efficiency Act

They will be included in the list of bills introduced today (to be published tomorrow morning).

The first bill, offered by Rep Cole (R,OK), could fairly be called the Omnibus Continuing Resolution. In addition to amending The Continuing Appropriations Act, 2025 (PL 118-47) and extending current spending until March 14, 2025 {§101(2)}, the bill provides additional spending for specific programs and includes a number of policy changes, updates, and reauthorizations. Unfortunately, it does not provide a reauthorization for the CFATS program. More details later.

The second bill, offered by Rep Roy (R,TX) would partially offset some of the new spending provided in the CR by amending 2 USC 901(c)(10)(B) changing the non-security discretionary spending limit for FY 2025 from $710,688,000,000 to $597,000,000,000 (- $113.688,000,000 – a 16% reduction). It would also remove an unspecified dollar amount of ‘unobligated funds made available by section 101(e) of the Fiscal Responsibility Act of 2023 (Public Law 118–5 [link added]) for the Department of Commerce Nonrecurring Expenses Fund’.

There is nothing in tomorrow’s House Schedule concerning these two bills beyond the vague “Additional legislative items are possible.” House rules require 72 hours between publication of the bill and a vote, but rules can be waived. Ideally (from the perspective of a Friday midnight shutdown deadline) the House would take up this bill under the suspension of the rules process tomorrow and the Senate would take it up with a final vote on Friday.

There is no way that this CR would pass with strictly Republican votes, so consideration under a rule is not possible. There is enough stuff added to get the necessary super majority under the suspension of the rules process. But, all of those additions, especially (but not limited to) the new spending, are enough to really upset ('piss off' in cruder terms) Roy and the Republican fringe (and some not-so-fringe Republicans), possibly enough to endanger Rep Johnson’s election as Speaker next month. That is the reason for the offset bill, Johnson will give Roy a vote on that bill (again under the suspension process) but there is no way that that vote will get sufficient Democratic votes (and might lose some moderate Republican votes) to pass. So, it is not clear that the vote will be sufficient to ease the anger of the fringe. The first week in January 2025 could make 2023 look simple.

House and Senate Pass HR 9747 – FY 2025 Continuing Resolution

Today the House and Senate both took up HR 9747, the Continuing Appropriations and Extensions Act, 2025, both passing the bill with bipartisan support. With all of the drama that we have seen this year around spending measures, the relatively painless passage today on both sides of the Capitol seemed almost painless. That apparent painlessness is misleading, all the players did today was kick-the-can down the road until after the election.

The House took up the bill early this afternoon. After just a little over 30 minutes of debate (40 minutes were authorized), a recorded vote was demanded. An hour and a half later, a roll call vote was held and the bill passed by a vote of 341 to 82. All of the nay votes were from Republicans. That vote was completed at 4:33 EDT.

The legislation then moved to the Senate where it was considered under unanimous consent agreement that was reached on Tuesday to allow the bill to be debated for 2 hours and immediately move for a vote on the bill with a 60-vote threshold for passage. At 5:18 EDT the vote was held and the measure passed by a bipartisan vote of 78 to 18. As was the case in the House, all the Nay votes were from Republicans.

President Biden is expected to sign the bill, probably before the weekend. The fiscal year deadline is Monday night at midnight.

The spending bill drama will resume when Congress returns from its October recess on November 11^th, 2024.

Next CR Dropped 9-22-24

Yesterday, the House Rules Committee published a copy of the next version of the FY 2025 continuing resolution that the House will try to pass this week. The Committee will meet this afternoon to craft the rule (almost certainly a closed rule; 1 hour debate, and no floor amendments) for the consideration of the bill (which will be formally introduced today). This is a relatively clean CR through December 20^th, 2024 {§106(3)}.

Division A is a mainly formulaic continuation of current (FY 2024) spending through that date. It does include some additional funding for a variety of relatively non-controversial programs. The one that may draw some attention is §136, this provides additional funding for the Secret Service “for operations necessary to carry out protective operations including the 2024 Presidential Campaign and National Special Security Events”. Access to this additional funding is predicated on the delivery to Congress of the Secret Service’s “Mission Assurance Report” on the first Trump assassination attempt. A summary of that report was made public on Friday.

Division B provides extension of various authorities that expire with the fiscal year. This list keeps on growing larger every year. No the CFATS program is not included in this list.

There are three votes on the House Rules Committee that are ‘controlled’ by House Freedom Caucus. In general, members of that Caucus object to the use of continuing resolutions and omnibus spending bills. It is not clear that these three members will vote with their fellow Republicans on this Rule. If they vote with the Democrats (as they have done on similar measures), that would kill the Rule. Then Speaker Johnson will be forced to bring the CR to the floor under the suspension of the rules process. Sufficient Democrats (most actually) would be expected to support this ‘clean’ CR for the bill to pass, but Johnson would pay a political price for that move. How severe that price would be remains to be seen.

I would not be surprised to see one or more of the Caucus members to abstain (or be physically absent) from this afternoon’s vote on the rule. This would allow them to claim that they opposed the CR, but would not derail its consideration under a rule. Even if all three abstained, the Republicans would have a one vote majority for the consideration of the rule.

Senate Passes HR 7463 – Short Term CR

This evening the Senate took up HR 7463, the Extension of Continuing Appropriations and Other Matters Act, 2024, that was passed earlier today in the House. The Senate passed the bill by a bipartisan vote of 77 to 13. All but one of the ten Senators that did not vote were Republicans. The bill goes to the President who is expected to sign it tomorrow, well before the current spending deadline.

TheHill.com is reporting that:

“House GOP leadership confirmed Thursday that bill text for the first package of six bills will come out over the weekend, as top appropriators have indicated negotiators are close to wrapping up loose ends on the forthcoming minibus.”

House Passes HR 7463 – FY 2024 Short Term CR

This afternoon the House took up HR 7463, the Extension of Continuing Appropriations and Other Matters Act, 2024, under the suspension of the rules process. After 35 minutes of debate a recorded vote was demanded. After pausing to take care of other business, the vote was held, and the CR passed by a bipartisan vote of 320 to 99. The Republican vote was 113 to 97. The bill now heads to the Senate. It will have to be signed by the President before midnight Friday, or there will be a partial government shutdown.

Review - HR 2872 Passed in Senate and House – 3rd FY 2024 CR

Today the Senate and the House sequentially took up HR 2872, the Further Additional Continuing Appropriations and Other Extensions Act, 2024. Both houses passed the bill in a substantially bipartisan vote, sending the continuing resolution to the President. The President is expected to sign the bill for the current CR runs out at midnight Friday.

Moving Forward

The hard part still remains, crafting spending bills to complete the funding of the federal government for the remainder of FY 2024. With this CR in place the House and Senate have until March 1st, to get the first four spending bills completed and to the President. Those first four bills (either individually or in a mini-bus) are

• Agriculture, Rural Development, Food and Drug Administration, and Related Agencies,

• Commerce, Justice, Science, and Related Agencies,

• Department of Defense, and

• Energy and Water Development and Related Agencies.

The eight remaining spending bills need to be to the White House by March 8^th, 2024.

 

For more details about how the action unfolded in the Senate and House, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-2872-passed-in-senate-in-house - subscription required.

Senate Continues Consideration of HR 2872 – FY 2024 3rd CR

Yesterday, the Senate continued the process of considering HR 2872, the bill that is being used as the vehicle for a 3^rd FY 2024 continuing resolution. No votes were taken. An agreement was reached that would allow for consideration today of two amendments before a vote on the substitute language would be held. The Senate will then conduct a final vote on the bill. All four votes will require 60-votes for adoption. Voting is scheduled to start today at 12:30.

The three amendments to be considered today are:

SA 1381 – Substitute language,

SA 1382 - Executive Order Mandated Inflation Accountability and Reform, and

SA 1384 - Prohibition on Foreign Assistance to the Palestinian Authority or Any Other Palestinian Governing Entity in the West Bank and Gaza.

The House Majority Leader’s web site (this link is only good today) reports that this bill may be considered today under the suspension of the rules process.

HR 2872 Considered in Senate – Vehicle for CR

Yesterday, the Senate officially began the consideration of HR 2872, which passed the House as the bill to amend the Permanent Electronic Duck Stamp Act of 2013 to allow the Secretary of the Interior to issue electronic stamps under such Act, and for other purposes. It is being considered in the Senate as the vehicle for the “Further Additional Continuing Appropriations and Other Extensions Act, 2024”. Yesterday, the Senate voted to close debate on the motion to proceed to consideration of HR 2872, by a vote of 68 to 13. Weather problems delayed the vote and still 19 members did not get to the Chamber to vote, most of them (16) Republicans.

The substitute language amendment (SA 1381) that I had mentioned on Monday, was officially proposed yesterday. It would provide additional time (through March 8^th) for Congress to work on passing some sort of spending legislation. The Senate resumes consideration today; still waiting to see if some Republican Senators work to delay consideration and force additional cloture votes.

Proposed CR includes CUAS Extension

Last night, Sen Murray (D,W) released the text of the bipartisan continuing resolution that will be taken up in the Senate tomorrow as an amendment in the form of substitute language for HR 2872. While the main purpose of the amendment is to provide additional time for Congress to work out the details of the FY 2024 spending bills, it also includes a provision to extend the limited authority for counter unmanned-aircraft-systems for DOJ and DHS.

Section 301 (pg 12) would amend 6 USC 124n(i) to extend the expiration of the authority that the previous CR had extended to February 3^rd, 2024. The new language would further extend that authority through March 9^th, 2024.

The Senate is scheduled to take-up HR 2872 tomorrow morning with a potential cloture vote to proceed to consideration of the bill at 5:45 EST.

Review - HR 6363 Introduced – ‘Ladder’ CR

Yesterday, Rep Granger (R,TX) introduced HR 6363, the Further Continuing Appropriations and Other Extensions Act, 2024. Colloquially known as a ‘Ladder CR’, the bill continues current funding for some programs (of the Federal Government through January 19^th, 2024 and through February 2^nd, 2024. It also includes a section that extends the termination of the Countering Weapons of Mass Destruction Act of 2018’ through February 2^nd.

Moving Forward

The House is scheduled to take up HR 6363 under the suspension of the rules process today. Most observers had expected it to be first up on the agenda to allow, if it passed, the Senate time enough to consider the bill under regular order if necessary. Instead, the House moved directly to the consideration of H Res 864 (the rule for the consideration of HR 5894 (removed from paywall), the FY 2024 LHH spending bill) and then proceeded to consider HR 5894. This may indicate that there are not enough votes to achieve the supermajority required under the suspension process.

 

For more details about the provisions of this bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-6363-introduced - subscription required. 

Senate Begins Considering HR 3935 – FAA Reauthorization

Yesterday, the Senate began the process of bringing HR 3935 [removed from paywall], the Securing Growth and Robust Leadership in American Aviation Act, to the floor. A cloture motion was filed for “consideration of the motion to proceed to consideration of H.R. 3539” (NOTE the Congressional Record has misprinted the bill number). A vote is scheduled for Tuesday at 5:30 pm EDT.

TheHill.com is reporting that Sen Schumer is planning on using this bill as a vessel for a relatively clean continuing resolution. No amendment to that effect has been yet proposed.

Senate Agrees to HR 1437 – 1 Week CR

Last night, the Senate agreed to the House amendment to HR 1437 in a bipartisan vote of 71 to 19, after rejecting two additional amendments, one of which would have extended the date of the continuing resolution until March 2023. That Republican backed amendment failed by a vote of 35-56. The House Amendment to HR 1437 turned that bill into a short-term continuing resolution continuing the existing funding of the federal government through December 23^rd, 2022. Which means that a spending bill is expected (hoped for) to be ready for a vote next week.