Senate energy permitting bill advances as Johnson says House has votes to pass it

The U.S. Senate advanced the Bipartisan American Affordability and Jobs Act on November 9, 2026, clearing a key procedural hurdle with a 73-25 vote. House Speaker Mike Johnson stated that House Republicans hold sufficient votes to pass the sweeping energy permitting overhaul once it clears the Senate. However, the legislation faces resistance from progressive Democrats, environmental groups, and Native American tribes who express concerns over executive overreach, fossil fuel expansion, and tribal sovereignty.

Senate procedural movement and White House compromise

• ▪The U.S. Senate is scheduled to resume voting on amendments and final passage for the Bipartisan American Affordability and Jobs Act during the week of November 16, 2026
• ▪On November 9, 2026, the U.S. Senate voted 73-25 to clear a procedural hurdle advancing the Bipartisan American Affordability and Jobs Act energy permitting overhaul bill

Energy permitting bill provisions

• ▪The energy permitting legislation, the Bipartisan American Affordability and Jobs Act, has drawn support from labor unions, the oil sector, and clean energy developers, while requiring data center developers to fund power grid upgrades
• ▪The proposed Bipartisan American Affordability and Jobs Act would impose deadlines on government reviews under the National Environmental Policy Act to reduce delays for energy projects

Proposed amendments regarding tribal lands and farmland

• ▪U.S. Senator Adam Schiff and a group of Senate Democrats proposed an amendment to strike National Historic Preservation Act provisions from the energy permitting bill, the Bipartisan American Affordability and Jobs Act, to protect tribal resources
• ▪U.S. Senator Josh Hawley introduced a Senate amendment to the energy permitting bill to restrict the use of eminent domain for electric transmission lines on farmland

House leadership and caucus positions

• ▪House progressive Democrats oppose the energy permitting bill, the Bipartisan American Affordability and Jobs Act, arguing they should wait for potential Democratic control of Congress in January to negotiate a different measure
• ▪House Speaker Mike Johnson stated on November 11, 2026, that House Republicans have sufficient votes to pass the Senate's energy permitting overhaul bill, the Bipartisan American Affordability and Jobs Act, if it reaches the House floor
• ▪House Minority Leader Hakeem Jeffries stated on November 11, 2026, that House Democratic leadership is processing the Senate's energy permitting bill, the Bipartisan American Affordability and Jobs Act, before determining a caucus strategy

Opposition from tribes, environmentalists, and Al Gore

• ▪Environmental groups oppose the Senate energy permitting bill, the Bipartisan American Affordability and Jobs Act, asserting it would expedite approval of data centers and oil and natural gas drilling projects under the National Environmental Policy Act
• ▪Former Vice President Al Gore stated on November 11, 2026, at the Bloomberg Green forum in Turkey that the Senate energy permitting bill expands executive authority excessively
• ▪Native American tribes oppose the Bipartisan American Affordability and Jobs Act, stating that the proposed legislation's permitting changes would undermine tribal sovereignty