Democrats retake the House: what the flip means for highway money, permitting reform and grants

Democrats had flipped five House seats by late election night, enough for a majority, ENR reported. CBS News later projected that the party had also taken the Senate, where Republicans held a 53-47 majority going in; races in Alaska and Mississippi were still uncalled. House Democratic leader Hakeem Jeffries, in line to become speaker, has said his majority would make scrutiny of the administration its priority.

The first test comes before the handover. Senate leaders scheduled the first votes for Nov. 9. The bill is the permitting deal the White House accepted in September, formally titled the Bipartisan American Affordability and Jobs Act. According to ENR, it would cut the time allowed for environmental reviews under the National Environmental Policy Act, shorten the period for suing over new energy projects, and make data center developers cover the power costs of their facilities. It would still have to be reconciled with the SPEED Act, which the House passed in December 2025. Senate Democrats now have to decide whether to move the bill or wait until next year, when their position will be stronger, Semafor reported. In an Oct. 21 letter, groups including Associated Builders and Contractors and several AGC chapters asked for a lame-duck vote.

Highway money is the other open item. Before it leaves, this Congress has to extend surface transportation law and pass funding to avoid a shutdown on Dec. 11, according to Semafor. The House opened talks on a successor to the 2021 infrastructure law with a $580 billion plan covering five years, and Senate Democrats have pushed for safeguards after funding freezes made it unclear whether federal grants already awarded could be counted on, ENR reported.

Data centers were on local ballots the same day. Ballotpedia counted 41 measures in 10 states, 21 of them in Ohio. Twenty-eight would restrict development through bans, moratoriums or extra review, and 13 would make it easier.