Senate returns today for final legislative sprint ahead of midterms

Washington — The Senate is returning to Washington Monday from a five-week recess, with several priorities to address before leaving town next month to take to the campaign trail.

After successfully pushing off a government funding fight until after November’s midterm elections, and avoiding a possible government shutdown for the time being, the chamber is now expected to turn its attention to a handful of other items — including cryptocurrency legislation and a college sports bill. 

The Senate is set to hold a procedural vote on Tuesday on the crypto bill, known as the Clarity Act. The legislation would establish a regulatory framework for digital assets. But whether it can find the 60 votes needed to advance remains to be seen. GOP senators unveiled new text on Sunday, touting more than a year of bipartisan negotiations and dozens of changes as they seek to secure Democratic support.

Senate GOP leaders are also aiming to move forward on a bill regulating college athletics, including name, image and likeness rights and transfer eligibility, with a bipartisan bill known as the Protect College Sports Act. In July, the Big Ten and SEC backed the bill, which also has the backing of the White House. But some lawmakers and advocacy groups have voiced their opposition, making its path forward in the upper chamber uncertain. 

Last month, the Congressional Black Caucus said it could not support advancing the legislation in its current form, saying that despite months of negotiations, the bill “has failed to meaningfully incorporate the perspectives of Black athletes, Black coaches, Black agents, HBCUs, or the Congressional Black Caucus.”

“Black athletes have transformed college athletics into one of the most successful enterprises in America,” the caucus said. “Yet the people most affected by this legislation have not been meaningfully included in shaping it.”

The Senate could also take action to reauthorize Section 702 of the Foreign Intelligence Surveillance Act, after it expired in June. The expiration came after lawmakers had reached a bipartisan deal to extend the surveillance authority for three years. But Presidnent Trump disrupted the plans when his selection of Bill Pulte to lead the Office of the Director of National Intelligence rattled lawmakers.

The to-do list comes as the upper chamber would also like to see progress on the Farm bill, which didn’t advance out of the Agriculture Committee ahead of the recess amid an absence from GOP Sen. Mitch McConnell of Kentucky, who hasn’t returned to Capitol Hill since he was hospitalized in June. Senate Republicans are also expected to work to approve a series of nominees. Meanwhile, a third reconciliation push, aimed at securing funds for the Iran war, aid to farmers, along with elements of the president’s voting regulations bill known as the SAVE America Act, does not appear likely to see action in the Senate.

The House is also returning Monday after convening earlier this month following their own five-week recess. The House is set to leave town again at the end of the week, and isn’t expected to return until after the midterms. But both chambers are facing pressure to pursue regulations for artificial intelligence, as industry leaders are raising alarm bells in recent days about imposing safeguards on the industry. 

A number of lawmakers voiced concern over the weekend, and some legislation, like from Sen. Bernie Sanders of Vermont on banning superintelligence, has already been unveiled to rein in the industry, while others have advocated for a so-called “kill switch.” House Minority Leader Hakeem Jeffries said on ABC’s “This Week” that Congress should take “decisive action,” saying a “high priority will be action on artificial intelligence” when his caucus gathers for a meeting Tuesday. And Senate Minority Leader Chuck Schumer called on Monday for an all-senators briefing from administration officials to discuss its actions on AI. 

But House Speaker Mike Johnson said on CNN’s “State of the Union” Sunday that Congress should resist jumping in and imposing a moratorium, while stressing corporate responsibility. But he also argued that the industry leaders should come together for a meeting at the White House, saying, “we’ve got to summon everybody together.”

“I think we need to go in a big room, close the door and sort this out,” Johnson said. “And I’ll be the one pushing it.”