Passed
220 Yea205 Nay6 Not voting1/2 required
HR-9770-119
Received in the Senate.
Sponsored by Tom Cole (R-OK)
What it does
This bill would temporarily fund the federal government at fiscal year 2026 spending levels through December 4, 2026, while Congress works on full-year appropriations for fiscal year 2027. It covers all 12 major appropriations categories — from defense and homeland security to agriculture, transportation, and health — and includes specific provisions for programs like WIC nutrition assistance, the National Flood Insurance Program, Indian Health Service facilities, wildfire suppression, and Small Business Administration loan guarantees. The bill also freezes congressional pay raises and provides two $174,000 death gratuity payments to the families of a deceased Representative and Senator.
Who benefits
Federal employees who would avoid furloughs due to a government shutdown. Recipients of mandatory benefit programs (such as Temporary Assistance for Needy Families and SNAP) whose payments would continue uninterrupted. WIC participants (approximately 6.7 million low-income women, infants, and children) whose program funding is explicitly protected. Small businesses seeking SBA-backed loans. Disaster survivors relying on FEMA's Disaster Relief Fund. Native American communities served by Indian Health Service facilities. Wildfire-affected communities and states that depend on federal suppression funding. Federal contractors and grantees whose work would continue. The families of the late Rep. David A. Scott and the late Sen. Lindsey Graham, who would receive death gratuity payments.
Who is hurt
Agencies and programs seeking to launch new initiatives or increase production rates, which are explicitly prohibited under this bill. Defense contractors pursuing new production lines or multi-year procurement contracts not funded in FY2026. States and localities that would prefer final, full-year appropriations with more funding certainty for planning purposes. Taxpayers who may bear the administrative costs of operating under a short-term continuing resolution rather than a full-year budget. Programs that had emergency or disaster-relief designations in prior years, which face rescission or cancellation of unspent balances. Congressional staff and Members who might otherwise receive a cost-of-living pay adjustment, which is frozen for the duration of the bill.
Supporters argue
Supporters argue that a continuing resolution is a necessary and responsible tool to prevent a government shutdown when full-year appropriations bills are not enacted by the start of the fiscal year. They contend that maintaining FY2026 funding levels ensures continuity of essential services — from military readiness to nutrition assistance — without disruption to millions of Americans who depend on federal programs. The explicit protections for WIC participation rates, wildfire suppression, and FEMA disaster response reflect targeted safeguards for time-sensitive needs, and the congressional pay freeze demonstrates fiscal restraint.
Opponents argue
Opponents argue that continuing resolutions perpetuate a broken budget process by locking in prior-year spending levels rather than allowing Congress to make deliberate, updated funding decisions. They contend that CRs create inefficiency — agencies cannot plan effectively, launch needed programs, or adjust to changed circumstances — and that the December 4 deadline simply defers the same funding fight by a few months, likely resulting in another CR or a last-minute omnibus. Critics on both sides of the aisle have argued that reliance on CRs undermines congressional oversight and the constitutional power of the purse.
Constitutional context
Congress's power to appropriate federal funds flows directly from the Appropriations Clause (Art. I, §9, cl. 7) and the broader spending power under Art. I, §8. Continuing resolutions are a well-established exercise of this authority. No active constitutional tension is implicated by this bill's core mechanism.
Checks and balances
Congress retains the power of the purse by setting spending levels and an expiration date; the Office of Management and Budget oversees apportionment and must report rescissions to the Appropriations Committees by November 20, 2026; the executive branch implements spending within the limits Congress sets.
Historical precedent
Continuing resolutions are a routine feature of the modern federal budget process; Congress has passed at least one CR in nearly every fiscal year since the 1970s, most recently including the Continuing Appropriations Act, 2026, which this bill references as its funding baseline.
Passed