Election results and race calls throughout this report reflect Associated Press reporting as of 8:30 a.m. EST on Nov. 6, 2026. 

Democrats won control of both the House and the Senate on Nov. 3, ending unified Republican government and setting up divided government with President Trump when the 120th Congress convenes in January. The wave extended well beyond Congress: Democrats also flipped five governorships and three attorney general offices, largely in states President Trump carried in 2024. A handful of races remain uncalled, but the overall balance of power is settled.

Blue = Democratic  |  Gray = not yet called  |  Red = Republican

Flipped: IA, KS, ME, NC, OH, SC, TX. Uncalled: AK, MS. Democratic total includes two independents.

218 seats needed for a majority. Democrats entered the election with 214 seats.

Flipped: GA, IA, NV, OH, TX. Uncalled: AK (R-held) and KS (D-held).

Flipped: GA, IA, TX. Uncalled: KS (R-held) and OH (R-held).

Key Takeaways

• Full control of Congress: Democrats clinched both chambers on election night, returning to full control of Congress for the first time since 2023.
• A broad wave: Gains reached states and districts long considered safely Republican, including Senate wins in Texas, Kansas and South Carolina.
• The states shifted too: Democratic pickups in governorships and attorney general offices change who sets state regulatory and enforcement priorities.
• A new oversight agenda: Democratic committee chairs will gain subpoena power and control over hearings, setting up sustained scrutiny of the administration.
• What comes next: Republicans retain control through the lame duck and a Dec. 11 funding deadline. In January, Democrats take the gavels and control of Senate confirmations.

Executive Overview

On Nov. 3, voters handed Democrats control of both the House and the Senate, returning the party to full control of Congress for the first time since 2023 and delivering a sharp rebuke to President Trump. As of 8:30 a.m. ET on Nov. 6, Democrats had secured 249 House seats to Republicans' 156, with 30 races still undecided. In the Senate, Democrats held 54 seats to Republicans' 44, with races in Alaska and Mississippi still uncalled. Democrats also flipped five Republican-held governorships, giving them a 28–20 advantage nationally with two contests unresolved, and captured three Republican-held attorney general offices. The results far exceeded the Democratic gains anticipated before Election Day and marked a significant reversal for Republicans, who entered the election controlling the White House and both chambers of Congress.

The Democratic wave also carried down the ballot in several states, most notably Texas and Georgia. In Texas, Democrats won statewide office for the first time in more than three decades, with James Talarico defeating Ken Paxton for the Senate and Gina Hinojosa unseating three-term Governor Greg Abbott. The party also captured the lieutenant governor and attorney general offices. Georgia saw an even broader Democratic sweep, with Sen. Jon Ossoff winning reelection, Keisha Lance Bottoms becoming the nation's first Black woman elected governor, and Democrats winning every other statewide office on the ballot. Elsewhere, Democrats flipped governorships in Iowa, Ohio and Nevada and won unexpected Senate victories in Kansas and South Carolina, two states Trump carried by double digits in 2024. In the House, Democratic gains extended into traditionally Republican districts, including seats Republicans had sought to protect through redistricting.

The outcome reflected both the historical difficulties facing a president's party in midterm elections and growing dissatisfaction with the direction of the country. President Trump's approval rating had fallen into the high 30s, while concerns about affordability, corruption, inflation and the economy remained central to voters' decisions. Tariffs and the economic consequences of the war with Iran added to those concerns, alongside debates over immigration, healthcare and the administration's exercise of executive authority. Democrats capitalized on that dissatisfaction, although the results do not necessarily signal a broad endorsement of their own policy agenda. Polling suggests that many voters remain frustrated with both parties, making the election as much a rejection of Republican governance as an expression of confidence in Democratic leadership.

Early voter surveys also point to notable shifts in the electorate. Democrats regained ground among younger and Hispanic voters, while improving their standing among independents, moderates and lower-income households. Preliminary polling suggests approximately seven in ten voters under age 30 supported Democratic House candidates, along with roughly 6 in 10 Hispanic voters. Democratic support among Black voters also strengthened, particularly among Black men. Although differences between presidential and midterm electorates make direct comparisons imperfect, the results suggest that Republicans struggled to retain much of the coalition that helped deliver Trump's 2024 victory, contributing to Democratic gains well beyond traditional battlegrounds.

The results will fundamentally change the balance of power in Washington during the final two years of Trump's presidency. Democratic majorities will bring new congressional leadership, committee chairs and oversight priorities, while Senate control will give Democrats authority over the confirmation of executive branch and judicial nominees. Major legislation will generally require bipartisan agreement and the president's signature, although the administration will retain significant authority to pursue its agenda through executive and regulatory action. Republicans will have one final opportunity to advance priorities under unified control during the lame-duck session, when Congress faces a Dec. 11 government funding deadline and unfinished defense, healthcare and permitting legislation.

U.S. Senate

Democrats won a decisive Senate majority, flipping 7 Republican-held seats while successfully defending every seat of their own. It was the party's largest single-election gain since 2008, with all 7 pickups coming in states President Trump carried in 2024, including several that had not elected a Democratic senator in decades. With Alaska and Mississippi still uncalled, Democrats have secured a 54–44 majority, reversing the 53–47 Republican advantage heading into Election Day.

Texas, Kansas and South Carolina produced some of the election's most surprising results. In Texas, James Talarico defeated Ken Paxton to become the state's first Democratic senator elected since 1988. In Kansas, Adam Hamilton unseated Sen. Roger Marshall, becoming the first Democrat elected to the Senate from the state since 1932. South Carolina also elected its first Democratic senator since 1998, with pediatrician Annie Andrews defeating Sen. Darline Graham in a state Trump carried by nearly 18 points two years earlier.

Democrats also won several races that had been central to their path to a Senate majority. Former Gov. Roy Cooper delivered the party's first Senate victory in North Carolina since 2008, while Sherrod Brown returned to the Senate after defeating incumbent Jon Husted in Ohio. In Maine, former state Senate President Troy Jackson unseated five-term Senator Susan Collins, a leading moderate Republican and chair of the Senate Appropriations Committee. Iowa elected Josh Turek, a state legislator and two-time Paralympic gold medalist, to the open seat vacated by Republican Sen. Joni Ernst.

Republicans also failed to capture any of the Democratic-held seats they had targeted. Senator Jon Ossoff won reelection in Georgia by double digits, while Abdul El-Sayed defeated former Representative Mike Rogers in Michigan, widely viewed as Republicans' strongest pickup opportunity. El-Sayed will become the first Muslim American to serve in the Senate. In Minnesota, Peggy Flanagan became the first Native American woman elected to the chamber, and Chris Pappas defeated former Sen. John E. Sununu in New Hampshire to become the first openly gay man elected to the Senate.

Beyond the change in party control, the Senate is also facing unusually high turnover. Sixteen first-time senators have been elected, while the victories of sitting Senators Amy Klobuchar and Marsha Blackburn in their respective gubernatorial races will create two additional vacancies to be filled by appointment. Depending on those appointments and the remaining election results, as many as 20 senators, or one-fifth of the chamber, could be newcomers in the 120th Congress. They will arrive as several longtime members depart, including Mitch McConnell, Dick Durbin, Susan Collins, Bill Cassidy and John Cornyn. The combination could significantly change the makeup and dynamics of the chamber.

The Democratic majority could grow further in two outstanding races. In Alaska, Sen. Dan Sullivan and former Representative Mary Peltola remain in a close contest that may require ranked-choice tabulation on Nov. 18. Mississippi presents an even more striking possibility: Scott Colom holds a narrow lead over Sen. Cindy Hyde-Smith in a state Trump carried by more than 20 points in 2024 and where Democrats have not won a Senate election since 1982. The outcome may hinge on provisional ballots still to be counted. A Colom victory would rank among the most stunning upsets of the cycle, and Democratic wins in both states would give the party 56 Senate seats, its largest majority since 2010.

U.S. House

Democrats needed a net gain of just three seats to reclaim the House but instead flipped more than 30 Republican-held districts, delivering a considerably larger majority than anticipated. As of  8:30 a.m. ET Friday, the Associated Press had called 249 seats for Democrats and 156 for Republicans, with 30 races still outstanding. Democratic gains reached well beyond the districts considered competitive at the start of the election cycle, with several longtime Republican strongholds changing hands. House Democratic Leader Hakeem Jeffries is expected to become Speaker when the 120th Congress convenes in January.

Pennsylvania was among the clearest examples of the Republican losses. Democrats defeated four Republican incumbents, including Brian Fitzpatrick, a prominent moderate, and former House Freedom Caucus Chairman Scott Perry. In Wisconsin, nurse and first-time candidate Mitchell Berman defeated House Administration Committee Chairman Bryan Steil in a district Republicans had held for three decades, while Rebecca Cooke unseated Rep. Derrick Van Orden. Democrats also flipped two seats in Iowa and defeated Republican incumbents in New Jersey and Virginia.

In many cases, Republicans also lost seats they had not expected to have to defend, as Democrats broke through in districts long considered safely Republican. In Texas, Tejano musician Bobby Pulido unseated Rep. Monica De La Cruz in the 15th District, while former teacher Katy Padilla Stout captured the heavily Republican 23rd. In western North Carolina, farmer Jamie Ager won the 11th District, which Trump carried by more than nine points in 2024. These results also exposed a weakness in the Republican campaign strategy. As the Democratic electoral map expanded, Republicans were forced to defend districts that had received little national attention or investment earlier in the cycle. By the final weeks, party committees and outside groups were shifting resources into previously safe seats, stretching their ability to protect incumbents across the country.

The results also undermined Republicans' mid-decade redistricting efforts. Nine states used new congressional maps in 2026, with Republicans redrawing boundaries in several states to strengthen their chances of retaining the majority. In Texas, Republicans had sought to gain five additional seats but captured only one of their targeted Democratic-held districts while losing two Republican-held seats. Meanwhile, Democrats benefited from new maps in California and Utah, further offsetting Republican efforts elsewhere. Rather than providing a cushion against expected midterm losses, redistricting did little to prevent the Democratic gains.

The new Democratic majority will bring changes to committee leadership, legislative priorities and oversight of the Trump administration. Democrats will gain subpoena authority and greater leverage over appropriations and other must-pass legislation. The size of the majority will also give party leadership more flexibility to manage internal disagreements as it prepares to negotiate with the Republican-controlled White House.

governors

Democrats won a majority of the nation's governorships for the first time since 2010, flipping five Republican-held offices in Georgia, Iowa, Nevada, Ohio and Texas. All five states voted for President Trump in 2024. Republicans entered Election Day with a 26–24 advantage, but Democrats now hold 28 governorships to Republicans' 20, with races in Alaska and Kansas still uncalled.

The victories ended long periods of Republican control in several states. In Texas, Gina Hinojosa unseated three-term Governor Greg Abbott to become the state's first Democratic governor since Ann Richards left office in 1995. In Iowa, Rob Sand became the first Democrat elected governor since 2006, while Amy Acton defeated Vivek Ramaswamy in Ohio and Nevada Attorney General Aaron Ford unseated Gov. Joe Lombardo.

The election also produced several historic firsts. In Georgia, former Atlanta Mayor Keisha Lance Bottoms became the first Black woman elected governor in U.S. history and the first Democrat to win the state's governorship since 1998. In New Mexico, former Interior Secretary Deb Haaland became the first Native American woman elected governor. Wisconsin's David Crowley and Florida's Byron Donalds, a Republican, will also become the first Black governors of their respective states.

Beyond the governor's races, Democrats made substantial gains down the ballot in state legislative and other statewide contests. In Georgia, the party captured offices overseeing agriculture, insurance and public education, along with the Public Service Commission, which regulates utilities. In Texas, Democrats won control of the state House for the first time since 2002, although Republicans retained the Senate. Legislative victories in Michigan, Minnesota, Nevada, Pennsylvania and Wisconsin also gave Democrats control of the governor's office and both legislative chambers in all five states. These gains ended unified Republican control in several other states, creating new opportunities for divided government and bipartisan negotiations.

The changes will have significant implications for state policymaking in 2027. Democratic governors in Georgia, Iowa and Ohio will face Republican-controlled legislatures, while the party's new legislative majorities elsewhere will provide greater freedom to advance policy priorities. Changes in party control could affect state budgets, taxes, agency appointments and regulatory decisions involving healthcare, energy, infrastructure and economic development.

Two gubernatorial contests remain unresolved. In Kansas, Democrat Cindy Holscher holds a narrow lead over Republican Ty Masterson in the race to succeed term-limited Gov. Laura Kelly. In Alaska, Democrat Jonathan Kreiss-Tomkins leads but remains just short of the majority needed to win outright, potentially requiring ranked-choice tabulation on Nov. 18. Democratic victories in both states would bring the party's total to 30 governorships, up from 24 before the election.

attorneys general

Democrats won attorney general races in several closely watched states, flipping Republican-held offices in Georgia, Texas and Iowa. In Georgia, Tanya Miller won the open seat decisively and will become the state's first female attorney general. In Texas, state Sen. Nathan Johnson defeated Mayes Middleton to succeed Ken Paxton, while in Iowa, Nate Willems unseated incumbent Attorney General Brenna Bird, who conceded the race.

Democrats also defended all four of their attorney general offices in states President Trump carried in 2024. Kris Mayes won reelection in Arizona, Eli Savit captured Michigan's open seat, and Democrats retained the offices in Nevada and Wisconsin. Keith Ellison also won another term in Minnesota. In Florida, Republican Attorney General James Uthmeier narrowly defeated José Javier Rodríguez despite controversy surrounding the Hope Florida initiative.

Thirty attorney general offices were on the ballot. Republicans entered the election holding 27 offices nationally to Democrats' 23, but the Democratic pickups in Georgia, Iowa and Texas shifted the balance to 26 Democratic and 22 Republican offices, with two races still uncalled. In Kansas, Democrat Chris Mann holds a narrow lead over incumbent Attorney General Kris Kobach, while Ohio's closely contested race between Democrat John Kulewicz and Republican Keith Faber also remains uncalled. Democratic victories in both states would give the party 28 attorney general offices nationwide.

The results have implications beyond individual states. Attorneys general increasingly coordinate across state lines on litigation involving federal policy, consumer protection, antitrust, data privacy, healthcare and environmental regulation. The new partisan balance could influence which states join multistate lawsuits, particularly those challenging Trump administration policies, as well as enforcement priorities affecting businesses across the country.

who's new and who's leaving

The 120th Congress will include one of the largest groups of new members in years, many of them elected in states and districts long considered out of reach for Democrats. At the same time, record retirements and primary defeats will take decades of experience out of both chambers, opening leadership posts and committee gavels and resetting longstanding policy relationships.

By the Numbers

new members to watch

Includes only races called by the Associated Press as of 8:30 a.m. ET, Nov. 6, 2026.

Notable Departures

congressional leadership

Democrats will control both chambers of Congress for the final two years of President Trump’s term. The scale of their gains will reshape leadership in both parties. Each party chooses its leaders through internal elections, with each chamber’s Democrats and Republicans meeting separately after the election to vote by secret ballot. Top posts are typically decided by a simple majority of the party’s members. The names below reflect current reporting and expectations, and all remain subject to those elections.

House. Hakeem Jeffries is expected to become Speaker in January, leading what could be Democrats’ largest House majority in nearly two decades. Katherine Clark and Pete Aguilar are expected to move up to Majority Leader and Majority Whip, and Ted Lieu is in line for Caucus Chair, keeping the current leadership team largely intact. A larger majority will give Jeffries more room to absorb defections on the floor and still pass legislation without Republican support, strengthening his hand in negotiations with the White House. Managing the caucus will still be a challenge. Democrats elected in competitive, Trump-supporting districts will serve alongside progressives who defeated Democratic incumbents in safe seats. Balancing those priorities as the party sets its legislative agenda, the scope of its oversight and its approach to the White House could prove difficult.

Senate. Chuck Schumer is expected to return as Majority Leader, with no declared challenger despite calls for new leadership from some incoming Democratic senators. Brian Schatz, currently chief deputy whip, is positioned to succeed the retiring Dick Durbin as Democratic Whip. Control of the Senate gives Democrats the power to set the floor agenda and to block the President's judicial and executive branch nominees. That sets up clashes with the White House over spending, tariffs, immigration and the war with Iran.

Senate

■    Majority Leader: Chuck Schumer (NY)

■    Majority Whip: Brian Schatz (HI)

■    DSCC Chair: Kirsten Gillibrand (NY)

House

■    Speaker: Hakeem Jeffries (NY)

■    Majority Leader: Katherine Clark (MA)

■    Majority Whip: Pete Aguilar (CA)

■    Assistant Speaker: Joe Neguse (CO)

■    Caucus Chair: Ted Lieu (CA)

■    Caucus Vice Chair: Sara Jacobs (CA), Lauren Underwood (IL)  CONTESTED

■    DCCC Chair: Lizzie Fletcher (TX), Steven Horsford (NV), Brad Schneider (IL), Greg Stanton (AZ)  CONTESTED

House. The scale of Tuesday's losses makes significant changes to House Republican leadership all but certain. Speaker Mike Johnson has said he will not run for minority leader, leaving the top job open. Judiciary Chair Jim Jordan is running on the argument that the conference needs a new face and that he is best positioned to respond to Democratic investigations. Majority Leader Steve Scalise is also running, making the case that he is a known quantity best suited to lead Republicans back to the majority. Further down the ballot, Whip Tom Emmer is seeking to keep his post and faces a challenge from August Pfluger, while Conference Chair Lisa McClain may also draw challengers. At the NRCC, Rudy Yakym has confirmed he is running for chair, and Brian Jack is expected to run as well. Whoever wins will lead a conference that is much smaller, and different, than the one they expected.

Senate. Despite losing the majority, John Thune is expected to seek another term as Republican leader, and no Republican senator has signaled a challenge so far. Many in the conference blame the White House, not Thune, for their losses. Senate Republicans will hold their leadership elections on Nov. 10. Before the majority changes hands in January, they are expected to use the lame-duck session to confirm as many judges and nominees as possible.

Senate

■    Minority Leader: John Thune (SD)

■    Minority Whip: John Barrasso (WY)

■    Conference Chair: Tom Cotton (AR)

■    Policy Committee Chair: Shelley Moore Capito (WV)

■    NRSC Chair: Bernie Moreno (OH)

House

■    Minority Leader: Jim Jordan (OH), Steve Scalise (LA)  CONTESTED

■    Minority Whip: Tom Emmer (MN), August Pfluger (TX)  CONTESTED

■    Conference Chair: Lisa McClain (MI), Erin Houchin (IN) CONTESTED

■    NRCC Chair: Brian Jack (GA), Rudy Yakym (IN)  CONTESTED

With Democrats controlling both chambers, the party will chair every committee in the 120th Congress, setting hearing agendas, directing investigations and overseeing the consideration of legislation. Committee chairs will have considerable influence over which administration officials and private-sector representatives are called to testify, and House and Senate committees may coordinate oversight efforts. However, major legislation will still require negotiations with the Republican White House, particularly annual appropriations, where Rosa DeLauro and Patty Murray are expected to lead the House and Senate Appropriations committees for fiscal year 2028. Divided government also makes party-line budget reconciliation unlikely, reducing the Budget Committees’ role in major tax and spending legislation compared with the past two years.

Both parties will select their committee leaders in the coming weeks, although some assignments may remain unsettled until January. Seniority traditionally carries significant weight, but party term limits, internal challenges and competing committee assignments can affect the outcome. In the House, several senior Democrats face challenges from colleagues seeking committee gavels. Bobby Scott, the top Democrat on Education and Workforce since 2015, faces competition from Suzanne Bonamici and Jahana Hayes, while Maxine Waters, who has led Financial Services Democrats since 2013, faces challenges from Sean Casten and Bill Foster. These contests will test the caucus’s emphasis on seniority following an election cycle in which several longtime Democratic incumbents lost their primaries. House Republicans will also see changes, with term limits and retirements opening top positions on Judiciary, Oversight, and Transportation and Infrastructure, among others.

In the Senate, retirements and competing committee preferences could trigger a series of leadership changes. Dick Durbin’s retirement is expected to position Sheldon Whitehouse to chair Judiciary, potentially opening Environment and Public Works for Jeff Merkley and, in turn, Budget for Tim Kaine. Sherrod Brown’s return adds another layer of uncertainty. Brown chaired Banking before losing his seat in 2024, but Senate Democratic rules do not automatically recognize his previous 18 years of service for committee seniority unless colleagues grant an exception. He has been mentioned as a possible challenger to Elizabeth Warren for the Banking gavel, where she holds the seniority advantage, or as a candidate to chair Agriculture, where Michael Bennet may also be in line following Amy Klobuchar’s departure. Republicans will also need to fill the top minority positions on Appropriations and Health, Education, Labor and Pensions following the departures of Susan Collins and Bill Cassidy.

Senate Committees

Merkley is expected to choose this gavel over Budget, where he is the top Democrat. Brown’s assignment depends on whether Democrats restore his prior seniority.

* Merkley is expected to choose this gavel over Budget, where he is the top Democrat. Brown’s assignment depends on whether Democrats restore his prior seniority.

House Committees

Contested races list the incumbent or most likely winner first. Declared = announced bid; Potential = reported interest.

Implications for Oversight and Investigations

Democratic control of both chambers will bring a significant expansion of congressional oversight during the final two years of President Trump’s term. Committee chairs will gain the authority to issue subpoenas, schedule hearings and direct investigative staff, tools Democrats have lacked since 2023. The House Oversight and Judiciary Committees are expected to take the lead, under incoming chairs Robert Garcia and Jamie Raskin.

Democrats have signaled that their investigations will focus largely on the administration’s conduct, including the Trump family’s business interests and whether companies received favorable treatment after political donations or other support. Affordability is also expected to be a central theme, with scrutiny of drug prices, utility costs and tariff exemptions, alongside growing attention to technology, artificial intelligence and data centers. Immigration enforcement and federal health policy are likely to draw early attention as well.

Much of that scrutiny is likely to extend to the private sector. With the administration expected to resist many congressional requests, committees may seek information from the companies that work with federal agencies, including contractors, grant recipients and businesses in regulated industries. Companies could receive inquiries even when they are not the primary focus of an investigation, and government contracting decisions may serve as a window into broader questions about how the administration has exercised its authority.

Most investigations begin with a letter requesting documents or information, followed by staff briefings and, in some cases, transcribed interviews, subpoenas or public hearings. Some activity may begin before the new Congress convenes, as incoming chairs outline their priorities and ask organizations to preserve relevant records. Republicans, now in the minority, are expected to push back on many of these efforts, although issues such as artificial intelligence and children’s online safety may continue to draw bipartisan interest.

For organizations with potential exposure, early preparation can make a meaningful difference. Identifying where their business intersects with these priorities, preserving relevant records and engaging constructively with committee staff can help narrow requests and reduce the risk of a more public investigation.

The election results have reshaped the lame-duck session. Republicans keep control of both chambers until the 120th Congress convenes on Jan. 3, but with Democrats set to take both gavels, Democrats have less reason to settle major issues now. Congress returns Nov. 9 with roughly 20 legislative days left, and the Dec. 11 government funding deadline and the annual defense authorization bill will dominate the agenda. Both will need bipartisan support to clear the Senate.

For Republicans, the lame duck is a final chance to act under unified control. The White House and some Republican senators are pressing for another reconciliation package with additional defense funding and a debt limit increase, and Senate Republicans are expected to confirm as many judicial and executive branch nominees as possible. Bipartisan measures such as permitting reform and the farm bill remain on the agenda, but limited floor time will make it difficult to finish much beyond must-pass legislation. Attendance could also be a challenge. With so many members retiring or defeated, leaders may struggle to keep enough lawmakers in Washington to pass legislation with narrow majorities.

Lame-Duck Calendar

Key dates between Election Day and the start of the 120th Congress. Dates reflect schedules reported as of Nov. 6 and may change as leadership finalizes them.

Key outstanding legislation

Continuing Resolution (CR) and Fiscal Year 2027 Funding

Current government funding expires Dec. 11. House appropriators have approved all 12 fiscal year 2027 bills in committee, and several have passed the full House, but the Senate has not considered any in committee or on the floor. If lawmakers cannot reach agreement, they are likely to turn to another continuing resolution. With Democrats taking control in January, they may see less reason to settle full-year spending now, while Republicans may push to lock in their priorities before the transition. A short-term CR would leave the full-year spending fight to the new Democratic majority, giving Democrats an early point of leverage in the 120th Congress.

National Defense Authorization Act and FISA Section 702

The House passed its FY2027 NDAA (H.R. 8800) in July, but the Senate did not complete its version, and leaders deferred the bill to the lame duck. Armed Services Committee leaders are negotiating a compromise, with "Big Four" meetings beginning the week of Nov. 9 and a final bill targeted for floor consideration the week of Dec. 7. FISA Section 702 authority lapsed in June. Reauthorization remains a priority for the administration and the intelligence community, but Democrats have not settled on a common position, and the issue could carry over into the new Congress.

Health Extenders

Several health care programs and payment policies expire at the end of the year, including the Medicare-Dependent Hospital program, the 2.5 percent Medicare physician fee schedule increase, telehealth flexibilities and the Community Health Center Fund. Congress will likely extend them as part of a funding package, which could also carry other health care provisions.

Permitting Reform

The Bipartisan American Affordability and Jobs Act, released by Senate negotiators in late September, would expand the Federal Energy Regulatory Commission’s authority to approve interstate transmission lines, allow federal and state reviews to run concurrently, require data centers to cover their transmission costs and set deadlines for environmental reviews and legal challenges. Lead Democratic negotiators Martin Heinrich and Sheldon Whitehouse have backed passing it in the lame duck, and the Senate will take its first procedural vote on the bill Monday, the chamber’s first vote of the session. The House is less certain. Minority Leader Hakeem Jeffries said Thursday that House Democrats will not take up the bill as written, with a spokesperson saying he “will not rubber-stamp legislation that emerges from the Senate without more constructive involvement with our Caucus as we fight to make life more affordable for the American people.”

Farm Bill

The farm bill expired Sept. 30. The House has passed its version, and the Senate Agriculture Committee advanced its bill along party lines in September, but the full Senate has not acted. The main dispute is over SNAP: Democrats oppose the Senate bill's one-year delay of new SNAP cost-sharing requirements and want at least two years. Bicameral negotiations on SNAP could produce a deal, but without one, another extension of current law is the more likely outcome.

Protect College Sports Act

The Senate-passed Protect College Sports Act (S. 4668) would set national rules for athlete name, image and likeness (NIL) pay and give the NCAA limited antitrust protection. With concerns from Leader Jeffries and the Congressional Black Caucus, House passage this year is unlikely.

Tax Administration and Digital Assets

The Senate passed the Taxpayer Assistance and Service Act (S. 3931), a bipartisan bill addressing tax compliance, appeal rights, IRS modernization and simplification for Americans living abroad. Separately, the House Ways and Means Committee approved the Digital Asset Tax Certainty Act (H.R. 10357), and Chairman Jason Smith has said he intends to move a digital asset tax bill before the end of the year.

Reconciliation

The White House has pressed for another party-line reconciliation package before Republicans lose unified control. Office of Management and Budget director Russ Vought has called a package with roughly $350 billion in military funding essential, possibly paired with about $12 billion in farm aid and a debt limit increase. With limited time and narrow margins, passing a reconciliation bill in the lame duck would be difficult.

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