Jimm Phillips

President Joe Biden is requesting increased funding in FY 2025 for the FCC, Patent Office and the Commerce Department’s Bureau of Industry and Security (see 2303130070). The FY25 requests are lower than FY24's for the FTC, NTIA, the National Institute of Standards and Technology, DOJ’s Antitrust Division and some Agriculture Department broadband programs, though in some cases the Biden proposal exceeds ultimate Congressional allocations for FY24. Biden signed off Saturday on the Consolidated Appropriations Act FY24 appropriations minibus package (HR-4366), which included funding cuts for NTIA and other Commerce agencies but a slight increase for DOJ Antitrust (see 2403040083). The Senate voted 75-22 Friday night to approve the package.

Backers of Congress giving the FCC stopgap funding to keep the affordable connectivity program running through FY 2024 latched onto President Joe Biden's short mention of internet affordability in his State of the Union speech Thursday night to bolster that push. Biden also said Congress should pass comprehensive data privacy legislation and briefly touched on other tech policy issues. He didn't mention the House Commerce Committee's push to require TikTok Chinese owner ByteDance to divest the app for it to continue operating in the U.S., despite its supporters' rapid push to advance it (see 2403080035).

House leaders removed the NTIA Reauthorization Act (HR-4510) from floor consideration Tuesday amid other committees’ objections to it, the bill’s sponsors told us Wednesday. Chamber leaders previously scheduled consideration of HR-4510 under suspension of the rules (see 2403010073), along with two other telecom-focused bills. The House voted 339-85 Wednesday to pass H.Res. 1061, which amended vehicle HR-4366 to become the Consolidated Appropriations Act FY24 appropriations minibus package that includes reduced funding for NTIA and other Commerce Department agencies compared with FY 2023 but a slight increase for the DOJ Antitrust Division (see 2403040083).

The Senate reconfirmed Democratic FTC Commissioner Rebecca Kelly Slaughter and approved Republican commission nominees Andrew Ferguson and Melissa Holyoak Thursday night on voice votes, setting the body up to soon return to a 3-2 Democratic majority. The commission hasn't had any Republican members since former Commissioner Christine Wilson departed in March 2023. Sen. Josh Hawley, R-Mo., lifted his hold on Ferguson earlier Thursday after Senate Minority Leader Mitch McConnell, R-Ky., voted for Hawley’s Radiation Exposure Compensation Reauthorization Act (S-3853). Ferguson, Virginia's solicitor general, is a former McConnell aide. The chamber also unanimously confirmed FCC inspector general nominee Fara Damelin, setting up the watchdog office to have its first permanent leader since Congress made it independent of the agency in 2018.

Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., and House Communications Subcommittee ranking member Doris Matsui, D-Calif., voiced varying levels of optimism during a Tuesday Incompas conference (see 2403050052) about the prospects that lawmakers will be able to reach a deal on stopgap funding that will keep the FCC’s affordable connectivity program running past this spring. The FCC said in a Monday update on its wind-down of the program that it will be able to provide only “partial” reimbursements for ACP in May (see 2403040077). Sen. Marsha Blackburn, R-Tenn., and Rep. Tim Walberg, R-Mich., highlighted their ongoing interest in enacting legislation to lift or ease permitting processes in a bid to streamline broadband deployments.

The House is expected to vote as soon as Wednesday on the 2024 Consolidated Appropriations Act, a “minibus” funding bill that includes reductions for NTIA and other Commerce Department agencies but a slight increase for the DOJ Antitrust Division. President Joe Biden signed a continuing resolution (HR-7463) March 1 that extended federal appropriations for those agencies through Friday, March 8 (see 2403010072). The chamber is also set to vote this week on the 988 Lifeline Cybersecurity Responsibility Act (HR-498) and NTIA Reauthorization Act (HR-4510) under suspension of the rules (see 2403010073).

An all-but-certain bid by Senate Communications Subcommittee ranking member John Thune (S.D.) to take over as the chamber’s top Republican from current Minority Leader Mitch McConnell (Ky.) is throwing uncertainty into lobbyists’ expectations for who will hold the party's subpanel leadership role in the next Congress. In the House, some Republican contenders to replace term-limited Communications Subcommittee Chairman Bob Latta (Ohio) have emerged, but the race to be the party’s Commerce Committee leader and other factors continue to cloud the subpanel sweepstakes (see 2402290054).

The nascent Republican leadership race to succeed retiring House Commerce Committee Chair Cathy McMorris Rodgers (Wash.) is scrambling expectations as to who will hold the GOP's top seat on the House Communications Subcommittee in the next Congress, lobbyists and observers told us. Environment Subcommittee Chairman Buddy Carter, R-Ga., confirmed to us Thursday he’s interested in House Communications’ lead GOP seat, but other lawmakers are too. There’s even more uncertainty about what Republican will lead the delegation on the Senate Communications Subcommittee in the next Congress as ranking member John Thune (S.D.) is a likely contender to succeed Mitch McConnell (Ky.) as the party's chamber leader.

Congressional Republican leaders are determined to advance a Congressional Review Act resolution of disapproval to undo the FCC’s digital discrimination order (H.J.Res. 107) despite widespread acknowledgment the measure faces long odds of making it through the majority-Democratic Senate and an all-but-certain veto from President Joe Biden. GOP leaders’ intent in pursuing H.J.Res. 107 appears to be to bolster legal challenges of the digital discrimination order, officials and lobbyists told us. House Communications Subcommittee member Rep. Buddy Carter of Georgia and more than 60 other Republicans filed the measure in late January (see 2401310003).

House Commerce Committee ranking member Frank Pallone, D-N.J., said Wednesday he and other supporters of the FCC’s affordable connectivity program are seeking stopgap funding for an FY 2024 omnibus appropriations package in a bid to keep the endangered initiative running. Meanwhile, ex-FCC Chairman Ajit Pai and eight other former commission heads said congressional leaders should “act swiftly” and appropriate up to $15 billion for next-generation 911 tech upgrades. President Joe Biden last year sought $6 billion in stopgap ACP money and $3.08 billion to fully fund the FCC’s Secure and Trusted Communications Networks Reimbursement Program as part of a supplemental appropriations request but didn’t mention NG-911 (see 2310250075).