Congress
Democrats weigh how to handle data center vote that could benefit a GOP foe
Senate Democrats will soon have to decide whether to do one of their most vulnerable Republican colleagues a big political favor just weeks before the midterm elections.
Republican leaders are expected to set up a vote next week on the Ratepayer Protection Act, legislation that aims to curb energy prices associated with the data centers. It easily passed the House last week with 206 Democratic votes, but it faces a tougher path to passage across the Capitol — thanks to campaign-season politics.
The Senate version of the bill was written and is being championed by Ohio Sen. Jon Husted, the Republican who was appointed to replace Vice President JD Vance and is now facing a tough election bid against former Democratic Sen. Sherrod Brown.
Despite near-unanimous approval in the House, Senate Democrats see it as an attempt by GOP leaders to bail out an embattled candidate who has been inundated with data-center-themed campaign attacks. Most have yet to decide whether to lend their support, according to interviews with more than a dozen Senate Democrats and aides.
“It’s an effort to rescue Husted’s campaign,” Sen. Dick Durbin, the No. 2 Senate Democrat, said in an interview, even as he acknowledged that he himself hasn’t yet decided how to vote. Senate Minority Leader Chuck Schumer this week dismissed Husted’s bill as a toothless “fraud.”
But there are strategic considerations for Democrats: Voting to start debate on the bill could help keep Republicans off the campaign trail even longer and insulate their own members against charges of politically motivated obstructionism. On the other hand, even a successful procedural vote risks boosting Husted and could kick off an unpredictable amendment process.
The Senate is expected to take an initial vote Wednesday, and at least seven Democratic votes will be needed to advance it. Democrats haven’t yet had a caucuswide discussion about the bill, several senators said in interviews. They could discuss the matter Tuesday at a weekly lunch.
Two GOP senators granted anonymity to describe private conversations said that Republicans privately don’t expect the bill to get the 60 votes needed to ultimately pass.
Publicly, however, Husted is trying to keep the pressure on Democrats, telling reporters Thursday “everybody is going to get a chance to decide whether they’re for the American consumer.”“This would require data centers to pay for their own electricity rather than pass it on to the consumers,” he said. “That’s something the American public wants. That’s something that everybody in Congress says they’re for. They say they’re for more affordability. This is a chance for everybody to prove it.”
Sen. Peter Welch (D-Vt.) is so far the only Democrat to say publicly he will support Husted’s bill — though he added that “the bill didn’t go far enough,” echoing House Democrats who overwhelmingly backed the measure despite similar concerns.
“I’d like to help,” Welch said. “I’d like to protect ratepayers.”
Sen. Chris Van Hollen (D-Md.) said he would support a procedural motion to take up the bill but would then try to attach his own Power for the People Act, a more aggressive effort to address the data center issue.
He said he would support advancing the bill further “only … if they agree to allow amendments.”
Several other Senate Democrats — including in-cycle Jon Ossoff of Georgia and known bipartisan dealmakers such as Jeanne Shaheen of New Hampshire and Mark Warner of Virginia — said Thursday they hadn’t yet made up their minds on the bill.
The Ratepayer Protection Act would require states to “consider” — but not mandate — a framework ensuring data centers pay for all energy costs and grid updates. Senate progressives and Democratic party leaders have spent the past week amplifying concerns that the bill does not go far enough in enforcing protections for ratepayers. Some have pushed a more forceful bill from Sen. Martin Heinrich (D-N.M.).
Husted’s bill is “voluntary,” Schumer told reporters Wednesday. “No company has to do it. The bill we have is mandatory. It is much stronger and is what is needed.”
Sen. Brian Schatz of Hawaii, the Democrats’ deputy whip, said in an interview Thursday that he found the bill “kind of weak” but that he didn’t have an announcement about whether party leaders would whip against it.
The bill has already seen its share of drama in the Senate, when Husted last week tried to follow up a resounding 417-3 House vote on the bill by passing the bill by voice vote on the Senate floor. Heinrich, the ranking member of the Senate Energy and Natural Resources Committee, shot down that request, claiming that the Senate needed to pass legislation with “real teeth.”
Heinrich repeated those concerns Thursday as GOP leaders moved toward a roll call vote on the measure next week. He urged lawmakers to instead pass his own legislation or await a broader energy permitting reform package that could include data center provisions.
“There’s a reason why we’re working on these kinds of issues in permitting reform right now,” he said in an interview. “It’s because we’ve already seen electric rates go up for consumers as a result of the increased demand from data centers. So we should pass something, but it should have teeth in it.”
Anthony Cruz contributed to this report.
President Donald Trump and Speaker Mike Johnson will meet at the White House Tuesday with the executives of top artificial intelligence companies, according to two people granted anonymity to discuss private plans.
The meeting comes as Congress is coming under increasing pressure to put federal guardrails on AI development, as fears mount that technological advancements could soon spiral beyond human control.
Responding to some warnings that AI development was on track to cause human extinction by the end of the decade, Johnson has said he wants Trump and AI CEOs to “go in a big room, close the door and sort this out.” He has yet to endorse major legislative action to address the issue, as Trump has resisted calls for government regulations, citing concerns about lagging behind China.
The president and speaker were in attendance at the State Dinner on Thursday night in honor of Chinese President Xi Jinping’s visit to Washington, as were OpenAI CEO Sam Altman, Nvidia CEO Jensen Huang, Meta CEO Mark Zuckerberg and Google CEO Sundar Pichai. It was not immediately clear which of these executives would be invited to next week’s meeting, and who will be participating.
News that the meeting had been scheduled was first reported by Axios.
A group of 10 Democrats has signed on to Rep. Greg Casar’s (D-Texas) bill that would ban superintelligence and pause advanced AI development until a vetting regime could be stood up.
Reps. Alexandria Ocasio Cortez (D-N.Y.) and Ro Khanna (D-Calif.), both of whom are mulling a 2028 presidential run, are cosponsoring the bill, named the Ban Artificial Superintelligence Act.
Khanna, in a statement, noted that he convened a hearing this week on AI safety cooperation between the U.S. and China as ranking member of the House China Select Committee with AI experts who underscored the need for a verifiable pause on superintelligence.
AI superintelligence is an as-yet hypothetical form of the advanced technology that surpasses humans’ cognitive capabilities, but exactly when AI crosses the threshold into superintelligence remains contested. The bill would subject violators to a 20-year prison sentence.
The support from prominent progressives in the Democratic caucus comes as the party is navigating how they would approach AI regulation should they retake control of one or both chambers in November.
Other cosponsors include Reps. Analilia Mejia of New Jersey, Yassamin Ansari and Adelita Grijalva of Arizona, Val Hoyle of Oregon, Stephen Lynch of Massachusetts, Chuy García of Illinois, Chris Deluzio of Pennsylvania and Nydia Velázquez of New York.
“We absolutely have to slow down and regulate the advancement of dangerous AI technologies that have the potential to spiral out-of-control and threaten humanity,” Ansari said.
To Lynch, a string of recent AI-led cyberbreaches has “shown us that the advanced forms of this are out of control,” he said in an interview. “We haven’t really solved that control problem yet, nor have we got the alignment problem right yet.”
Casar’s bill, introduced this week with Sen. Bernie Sanders (I-Vt.), is among the most stringent AI regulations proposed by either party.
Rather than focusing on bans as Casar and his progressive allies have done, centrist Democrats are looking to legislative proposals they say can address the technology’s risks without stifling innovation.
Senate Republicans are discussing whether to call up a data center utility costs bill as they make plans to stay in Washington next week rather than beat an early exit before the midterms.
Two GOP aides who spoke on the condition of anonymity said the Senate will remain in town amid pressure from some corners of the party to send members home early to campaign.
Asked if the Senate will stay next week, Majority Leader John Thune said Thursday it’s “looking that way.”
While some lawmakers had hoped to move a long-brewing bipartisan energy permitting deal, those hopes have evaporated, and GOP leaders are instead eyeing votes on the Ratepayer Protection Act — a top priority of endangered Ohio Sen. Jon Husted.
Thune said Thursday moving to the data-center-focused bill next week “is an option.” The Senate is also expected to take up a Democratic resolution condemning the Iran war and several presidential nominations.
The Ratepayer Protection Act easily passed the House earlier this month, but some Senate Democrats are arguing it does not go far enough and party leaders could be motivated to deny Husted a pre-election win.
Josh Siegel contributed to this report.
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