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The House recessed last Wednesday, a day earlier than planned, and will not return to session until November 9, following the midterm elections. The early departure came amid a politically complicated situation involving a procedurally mandated vote on articles of impeachment filed by Rep. Massie (R-KY) against Defense Secretary Pete Hegseth.

  • Crypto Bill Stalls; College Sports Bill Moves Forward – The Senate failed to advance a procedural motion that would have allowed consideration of the Digital Asset Market Clarity Act, legislation intended to establish a federal regulatory framework for the cryptocurrency market. Following the setback, Republican leaders shifted their attention to the Protect College Sports Act, which would establish federal standards governing college athletes’ name, image and likeness (NIL) agreements, among other provisions. The Senate voted 74-24 to approve the preliminary procedural motion. 
  • Permitting Reform Remains in Negotiations – Senate Republicans and Democrats continue to negotiate bipartisan legislation designed to streamline the federal permitting process for energy projects.  Senate Environment and Public Works Committee Chair Capito (R-WV) and Ranking Member Whitehouse (D-RI) said late last week that negotiations are approaching an agreement, although several significant issues remain unresolved. Sen. Whitehouse is also seeking assurances from Senate Majority Leader Thune (R-SD) that Speaker Johnson (R-LA) will allow the House to consider whatever permitting legislation the Senate ultimately approves.  If senators cannot reach an agreement to bring permitting legislation to the floor in the coming days, the Senate could adjourn after completing work on the college sports legislation.
  • Senate Could Consider Data Center Legislation – The House overwhelmingly passed the Ratepayer Protection Act (H.R. 9340) last week by a vote of 417-3. The legislation would establish a pathway for requiring data centers to pay for electricity-grid upgrades needed to accommodate their power demands. Sen. Jon Husted (R-OH) is sponsoring the Senate companion legislation. Senate Democrats blocked an expedited floor vote last week, but Majority Leader Thune is considering bringing the bill up for a preliminary procedural vote. Democrats would likely oppose the procedural motion, which would require senators to take a public position on legislation addressing the rapidly growing electricity demands of data centers and their potential impact on utility ratepayers.
  • No FY 2027 Budget Resolution Before the Election – Senate Majority Leader Thune has confirmed that the Senate will not vote on an FY 2027 budget resolution before the midterm elections. Republicans could revisit efforts to advance another party-line tax and spending package during the post-election lame-duck session. Whether that happens will depend on several factors, including the election results and the ability of members who are not returning to Congress to participate in the lame-duck session.
  • House Passes Iran War Powers Resolution – The House last week voted for the third time to pass H. Con. Res. 93, a resolution directing the President to end the war with Iran. Seven Republicans—Reps. Tom Barrett (R-MI), Warren Davidson (R-OH), Brian Fitzpatrick (R-PA), Nancy Mace (R-SC), Tom Massie (R-KY), Mariannette Miller-Meeks (R-IA), and Zach Nunn (R-IA)—joined all House Democrats in supporting the measure. The vote was notable because several of the Republican supporters represent competitive districts, while Reps. Mace and Massie will not return to Congress next year. The resolution has political significance, but it does not carry the force of law. Because it is a concurrent resolution, it does not require the President’s signature and does not independently change existing law or executive authority.