The weeks leading up to the August recess saw significant congressional activity across a broad range of legislative and policy issues, including short-term government funding to prevent a shutdown at the end of September, national security, surface transportation, digital assets, surveillance authorities, election administration, and kids online safety. While lawmakers departed Washington without resolving several major issues, both chambers took notable procedural and substantive actions that will shape the agenda during the limited number of legislative days remaining before the midterm elections.

With the House scheduled to return for an abbreviated week from August 31 through September 3, Congress enters the fall facing an increasingly compressed calendar, unresolved partisan disputes, and uncertainty around which legislative vehicles may ultimately advance before the elections or the end of the year. Taken together, recent congressional actions provide insight into the issues congressional leaders are prioritizing and where lawmakers may seek bipartisan compromise.

This client alert provides a high-level overview of the major legislative developments expected to drive congressional activity this fall – see Akin’s Legislative outlook document. These issues will also be discussed in greater detail during Akin’s upcoming 30-minute Legislative Outlook webinar on August 27^th– register here. 

House Actions

The House left for August recess after advancing several high-profile legislative priorities, but significant work remains. Key issues on the fall agenda include a short-term government funding measure, with FY26 appropriations set to expire at midnight on October 1 and the House and Senate having passed competing continuing resolution proposals.

Earlier this summer, the House approved its version of the FY27 National Defense Authorization Act (NDAA). In addition, although various House authorizing committees have approved their portions of a five-year surface transportation reauthorization bill, the combined measure has yet to receive floor consideration, thereby requiring a short-term extension by September 30th.

Election-related legislation, including various versions of the SAVE AMERICA Act, have also moved in the House and is likely to generate further debate, but remains unlikely to clear the Senate’s 60-vote threshold. Meanwhile, House Republicans have advanced a framework for a potential third budget reconciliation package, though questions remain about whether sufficient support exists to move the effort forward due to concerns raised by various Senate Republicans. Together, these developments highlight several issues that could dominate the agenda when the House returns.

Senate Actions

The Senate also departed for recess after a flurry of activity on several major legislative priorities. Senators approved a package of 47 presidential nominations, confirmed Todd Blanche as Attorney General, overwhelming approved a bipartisan continuing resolution funding the government through December 11, and passed a bipartisan Russia sanctions package.

However, a number of high-profile issues were left unresolved and similar questions remain about what can advance this fall. Senate floor consideration of the FY27 National Defense Authorization Act remains stalled, even as informal discussions with the House are underway. Negotiations surrounding FISA reauthorization are likewise expected to resume when Congress returns, as lawmakers seek a path toward restoring Section 702 surveillance authorities that lapsed in June.

The Senate is also poised to revisit major policy debates involving digital assets, college athletics, and kids online safety, all of which have seen committee action. Farm Bill negotiations, election administration legislation, and discussions surrounding a potential third budget reconciliation package are also likely to remain on the agenda. These issues underscore the crowded legislative landscape awaiting the Senate in September, as well as the procedural and political challenges that could shape the remainder of the year.

What’s Next?

The limited number of legislative days remaining before the elections – 16 days for the House and 14 for the Senate – increases the likelihood that congressional leaders will focus on a narrower universe of must-pass items, while other priorities may be deferred until after the midterm elections.

Accordingly, stakeholders should closely monitor developments as Congress returns from the August recess, particularly government funding negotiations, defense authorization discussions, surface transportation program extensions, surveillance authorities, and emerging technology policy debates. How lawmakers navigate these issues over the next few months will help shape both the legislative outlook for the remainder of the 119^th Congress and the policy environment entering 2027.