Senate Starts Recess Without Holding Sohn Discharge Vote
The Senate left on a two-week recess Thursday night without holding a vote Democratic leaders had considered to discharge FCC nominee Gigi Sohn from the Commerce Committee’s jurisdiction, as expected (see 2206230072). Senate Democratic leaders had eyed whether they could pursue the discharge vote because all 50 Democratic caucus members were available and a handful of Republicans were absent from the chamber (see 2206230066). Sohn’s confirmation process has been stalled since March, when the Commerce Committee tied 14-14 on advancing her to the full chamber, necessitating the discharge vote before the chamber can proceed on her confirmation. Her supporters have been eyeing ways to break the logjam (see 2206070046).
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The House Appropriations Committee, meanwhile, was still marking up the Financial Services Subcommittee’s FY 2023 bill with funding for the FCC and FTC (see 2206230001). It would give the FCC $390 million and the FTC $490 million. The committee voted 32-25 to advance the Homeland Security Subcommittee’s FY23 bill Friday before turning to the Financial Services measure. It would give the Cybersecurity and Infrastructure Security Agency $2.93 billion and allocates $40 million via the Federal Emergency Management Agency for public broadcasters to upgrade next-generation warning system infrastructure. The Labor, Health and Human Services, Education and Related Agencies Subcommittee advanced its FY23 bill on a voice vote with a proposal to increase CPB’s annual funding by 7% in FY 2025 to $565 million.
Senate Democratic leaders decided against seeking a vote on Sohn last week after further evaluating “attendance” and because “they got stuck” in the floor process for considering the Bipartisan Safer Communities Act (S-2938), Commerce Chair Maria Cantwell, D-Wash., said in an interview. “We’re just going to make guns the priority until we get off” for the recess. The Senate passed S-2938 Thursday night and the House concurred Friday (see 2206240071). Two of three Democratic senators who have been undecided on Sohn -- Mark Kelly of Arizona and Joe Manchin of West Virginia -- indicated Thursday they still hadn’t made up their minds.
The White House is continuing to hold out for a Senate vote on Sohn despite the continued lack of a clear picture of undecided Democrats’ position, but many communications policy stakeholders now see the start of Congress’ August recess as a de facto deadline for action on the nominee, lobbyists told us. Work to evaluate potential replacement nominees hasn’t progressed far, if at all, because of the Biden administration’s interest in continuing to lobby senators on Sohn, lobbyists said. President Joe Biden “continues to strongly back” Sohn, and administration officials are continuing to actively engage senators on her behalf, a White House spokesperson said.
House Appropriations leaders didn’t discuss the FCC once the committee turned to the Financial Services bill Friday afternoon but pointed to the proposed FTC funding. The agency’s allocation would “support working and middle-class families by increasing funding for consumer protection activities,” said committee Chair Rosa DeLauro, D-Conn. Financial Services ranking member Steve Womack, R-Ark., criticized the proposed FTC funding, which represents a 30% increase from what it got in FY 2022.
House Appropriations ranking member Kay Granger, R-Texas, said panel Republicans want to continue talks to eliminate “controversial” policy riders in the measure, including language she believes will allow “radio and TV advertising for marijuana.” The bill includes language that would bar the FCC from using its funding to “deny, fail to renew for a full term” or otherwise condition a broadcaster’s license “because the station broadcast or otherwise transmitted” ads for “a business selling cannabis or cannabis-derived products” or “a business selling hemp” or other “hemp-derived cannabinoid products.”
House Appropriations approved by voice vote an amendment from Rep. Chris Stewart, R-Utah, that would continue a requirement that federal contractors providing data and cloud services be capable of finding, eliminating and not hosting child pornography.