ARTICLE
20 November 2025

After The Shutdown

GT
Greenberg Traurig, LLP

Contributor

Greenberg Traurig, LLP has more than 3000 attorneys across 51 locations in the United States, Europe, the Middle East, Latin America, and Asia. The firm’s broad geographic and practice range enables the delivery of innovative and strategic legal services across borders and industries. Recognized as a 2025 BTI “Best of the Best Recommended Law Firm” by general counsel for trust and relationship management, Greenberg Traurig is consistently ranked among the top firms on the Am Law Global 100, NLJ 500, and Law360 400. Greenberg Traurig is also known for its philanthropic giving, culture, innovation, and pro bono work. Web: www.gtlaw.com.
As Congress ends the seven-week federal government shutdown, it is worth looking at what policy debates lie ahead
United States Government, Public Sector

As Congress ends the seven-week federal government shutdown, it is worth looking at what policy debates lie ahead. Here are several items awaiting Congress that may receive immediate attention, as well as broader issues that may receive attention in 2026.

Possible Consideration Before the End of 2025

Discretionary Program Funding. The continuing resolution (CR) (H.R. 5371) to end the shutdown and extend discretionary funding through Jan. 30 also included full year funding for three appropriations bills (Agriculture-FDA; Legislative Branch; and Military Construction-VA). Senate leaders are hoping to immediately turn their attention to the remaining nine appropriations bills, packaging as many as are ready into a second "minibus" package. Initial reports indicate that the next appropriations measure might include up to four bills (Defense; Commerce-Justice-Science; Labor-HHS-Education; and Transportation-HUD) and Senate debate on the bills may begin this week. Both the House and Senate are expected to spend significant floor time on appropriations bills between now and the end of January.

NDAA. The House passed its version of the annual National Defense Authorization Act on Sept. 9 by a 231-196 vote, while the Senate passed its version on Oct. 9, 77-20. The Senate legislation authorizes $913.9 billion in spending, $31.3 billion more than the House bill authorized. In addition to resolving spending levels, the two chambers must address several key policy differences. Informal discussions are well underway among staff for the House and Senate Armed Services Committees. The "big four" leaders of the House and Senate Armed Services Committees (Sens. Wicker (R-MS) and Reed (D-RI), and Reps. Rogers (R-AL) and Smith (D-WA)) have expressed optimism that the NDAA may pass both chambers in December.

Affordable Care Act Subsidies. In 2021, Congress expanded ACA premium subsidies by removing the household income eligibility cap (previously 400% of the poverty level) and putting into place an overall 8.5% income cap on the amount any individual or family would be required to pay in premiums. These enhanced premium subsidies expire at the end of 2025, and their renewal was a major demand of Democrats during the government shutdown. There is some Republican support for modifying and extending the premium subsidies, but an agreement on the details has not been achieved. Program recipients have received notice of increased costs for renewal of their ACA health plans. Senate Majority Leader Thune (R-SD) has promised a vote on a Democratic proposal no later than the second week of December. However, House Speaker Johnson (R-LA) has not committed to a vote on the subsidies.

Russia Sanctions. There are 85 Senate cosponsors of legislation (S. 1241) that imposes sweeping sanctions on several entities affiliated with or doing business with Russia. The legislation as introduced would also impose 500% "secondary" sanctions on imports of goods and services from countries that purchase Russian-origin oil, uranium, or petroleum products, unless the President grants a waiver.. It may be considered before the end of the year after the White House provides input. The Senate may also consider proposals designating Russia as a state sponsor of terrorism (S. 2978) and freeing frozen Russian assets for Ukraine's use (S. 2918).

Extension of Expiring Programs. Several short-term extensions were provided in the CR lasting through Jan. 30, including programs relating to healthcare (such as Medicare telehealth authority) and veterans programs. Congress may seek to extend them for the full fiscal year if other appropriations bills are packaged together in December. Other programs such as the National Flood Insurance Program expired on Sept. 30 and must be addressed.

2026 Priorities

Highway Bill. Prior to the shutdown, House Transportation & Infrastructure Committee Chairman Sam Graves (R-MO) had expressed optimism about completing a committee markup of surface transportation reauthorization bill this year, but that timeline has slipped. Senate Chair Shelley Moore Capito (R-WV) will also make this a high priority for the Senate Environment & Public Works Committee in 2026. The current authorization provided by the Infrastructure Investment and Jobs Act of 2021 expires in September 2026.

Permitting Reform. Significant legislative efforts are ongoing to expedite federal permitting, as growing demand for electricity, data centers, artificial intelligence capabilities, and transmission lines will continue to increase. Permitting reforms may advance in both the energy and broader infrastructure contexts. Key proposals include the PERMIT Act (H.R. 3898, which passed the House Transportation & Infrastructure Committee in June on a 34-30 vote), and bipartisan efforts such as the SPEED Act (H.R. 4776), the House Problem Solvers Caucus framework released in September, and negotiations involving Sens. Capito (R-WV) and Whitehouse (D-RI).

Tariffs. The Supreme Court may issue a ruling on the legality of imposing tariffs under the International Economic Emergency Powers Act in the very near future. If the Court rules against the Trump Administration, it is possible that the President would seek clarifying legislation from Congress. The Court may potentially invalidate all or some reciprocal (country-specific) tariffs and fentanyl-related tariffs (affecting China, Canada, and Mexico). If so, President Trump may invoke new authority, such as section 122 of the Trade Act of 1974 to impose short-term tariffs, but he may also seek additional legislative authority to support longer-term policy.

Healthcare / PBMs / Price Transparency. Efforts to extend the ACA premium subsidies have generated a new focus on broader healthcare reform efforts, especially in the Senate. Senator Bill Cassidy (R-LA) and other Republican Senators are considering alternatives to extending the premium subsidies, including enhanced flexible spending account contributions. These proposals, however, have not generated bipartisan support. In addition, in 2026 Congress may revisit proposals to impose new regulations on pharmacy benefit managers (PBMs) and increase healthcare price transparency. Last December Congress came close to passing these reforms as part of the CR and attempted again to include such reforms in the reconciliation package this past summer. Both efforts were unsuccessful.

Immigration. Immigration legislation is poised to return to the forefront of congressional debate, reflecting a recognition that enforcement alone cannot sustain economic growth. With the border now more secure, attention is shifting toward legal immigration reform — especially as the administration's rollback of humanitarian protections such as TPS, DACA, and CHNV parole has underscored the need for new, lawful pathways. The Essential Workers for Economic Advancement Act (H.R. 5494), introduced by Rep. Lloyd Smucker (R-PA), proposes a new H-2C visa to help employers fill long-vacant positions in industries facing persistent labor shortages, complementing his USA Workforce Investment Act (H.R. 5493) to strengthen training and apprenticeship programs. Combined with the Dignity Act, the Farm Workforce Modernization Act, and the administration's rollout of "Gold Card, Corporate Card, and Platinum Status" initiatives for investors and skilled professionals, these efforts signal a bipartisan opening for comprehensive immigration modernization focused on both workforce needs and lawful mobility.We may also see a version of H.R. 2 (the Secure the Border Act, which passed in the previous Congress) introduced as a potential vehicle.

Artificial Intelligence. Senate Commerce Committee Chair Ted Cruz (R-TX) has proposed an "AI Sandbox" under which developers may apply for "temporary relief from regulatory burdens" where federal agencies can grant waivers of up to two years. Earlier this year the House Energy and Commerce Committee advanced a 10-year moratorium on state and local regulation of artificial intelligence. The proposal was included in the House-passed version of the budget reconciliation bill but ultimately dropped from the Senate version. Meanwhile, several states have enacted AI-related laws (California, Colorado, New York, Texas, and Utah) that may affect Congressional actions in 2026, imposing regulations relating to discrimination, consumer protection, liability, deepfakes, and music rights. The Trump Administration has moved forward with an "American AI Exports Program" that may require Congressional support.

Cryptocurrency. Although the House passed cryptocurrency reform legislation in July on a 294 to 134 vote (the Digital Assets Market Clarity Act, H.R. 3633), the legislation remains subject to further debate in the Senate. Two Senate committees – Agriculture and Financial Services – have jurisdiction over different aspects of cryptocurrency regulation and must produce a unified product. The Trump Administration will also play a role.

Ex-Im Reauthorization. Congress must reauthorize the Export-Import Bank statute by Sept. 30. The Trump Administration envisions a major role for Ex-Im and other international financing entities in supporting its efforts to export U.S. artificial intelligence products around the world.

CISA Reauthorization. Congress included in the CR an extension of the Cybersecurity Information Sharing Act and the State and Local Cybersecurity Grant Program that the Cybersecurity and Infrastructure Security Administration (CISA) administers. The CISA reauthorization extends through Jan. 30. The White House supports a clean, 10-year reauthorization with retroactive protections to reset national cyber visibility and reduce legal risk. The central constraint will remain the Senate Homeland Security Committee, where Chairman Rand Paul (R-KY) has conditioned a long-term renewal on limitations to the agency's disinformation-related work.

Farm Bill / Farmer Relief. The CR extended several expiring farm bill programs for one year, which takes the pressure off House and Senate Agriculture Committees to produce a new farm bill until later in 2026. Congress has been unable to pass such legislation since 2018. The Trump Administration is also considering delivering payments to farmers impacted by trade through a market facilitation program. Congress may need to get involved if existing authority needs to be enhanced. The CR restored the full $30 billion borrowing cap for the Commodity Credit Corporation, which may provide short-term resources to assist farmers.

Reconciliation / Tax Reform. Senate Budget Committee Chairman Lindsey Graham (R-SC) has raised the prospect of developing a new reconciliation bill in 2026, which might provide a vehicle for tax, healthcare, and other major reforms. Neither the White House nor House and Senate leaders have yet weighed in on the scope of such potential legislation.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More