Sen. Joe Manchin, D-W.Va., urged House Democratic leaders Monday to hold a vote this week (see 2110290066) on the Senate-passed Infrastructure Investment and Jobs Act (HR-3684). He criticized lawmakers in the party’s liberal wing during a news conference for holding the measure “hostage” until there’s a deal on the Build Back Better Act budget reconciliation package (HR-5376). Both measures include billions of dollars for broadband, though the amount in a Thursday revised draft of HR-5376 is significantly lower than Democrats originally sought (see 2110280074). Continuing to delay a House vote on HR-3684 “is not going to work in getting my support” for HR-5376, Manchin told reporters. “The political games have to stop.” Congressional Progressive Caucus members intend to vote for both HR-3684 and HR-5376 this week, Chair Rep. Pramila Jayapal, D-Wash., said during a CNN appearance after Manchin’s comments. “We’ve got to trust” that President Joe Biden will handle Manchin and Sen. Kyrsten Sinema of Arizona, the two Senate Democrats who have remained holdouts on supporting the reconciliation plan, Jayapal said. “We remain confident that the plan” for HR-5376 will get Manchin’s support, said White House Press Secretary Jen Psaki.
The House plans to vote later this week on the Eliminating Barriers to Rural Internet Development Grant Eligibility Act under suspension of the rules. HR-3193, which the Infrastructure Committee advanced in July (see 2107280065), would ease access to Economic Development Administration grants for broadband projects, allowing the agency to award the money to public-private partnerships and consortiums. The House is also expected to vote on a trio of cybersecurity bills -- the Small Business Administration Cyber Awareness Act (HR-3462), Small Business Advanced Cybersecurity Enhancements Act (HR-4513) and Small Business Development Center Cyber Training Act (HR-4515). Chamber Democrats are hoping to vote on the Senate-passed Infrastructure Investment and Jobs Act (HR-3684) and Build Back Better Act budget reconciliation package (HR-5376) if there’s a successful conclusion to negotiations on the latter measure.
The House Communications Subcommittee plans a Wednesday markup session on the Data Mapping to Save Moms’ Lives Act (HR-1218) and the Spectrum Coordination Act (HR-2501), the Commerce Committee said Monday. The partly virtual markup session will begin at 10:30 a.m. in 2123 Rayburn. HR-1218 and Senate companion S-198, which the Senate Commerce Committee advanced in April (see 2104280083), would require the FCC to map areas of the U.S. with broadband service gaps and high rates of poor maternal health outcomes. HR-2501 would require the FCC and NTIA to update their memorandum of understanding for handling frequency allocations.
House leaders delayed a floor vote on the Infrastructure Investment and Jobs Act (HR-3684) Thursday until at least some time this week amid perceptions that liberal Democratic caucus members were continuing to resist passing the measure until a deal is final on the related Build Back Better Act (HR-5376). Both measures include billions of dollars for broadband, though the amount in a Thursday revised draft of HR-5376 is significantly lower than Democrats originally sought (see 2110280074). The House instead voted 358-59 for the Further Surface Transportation Extension Act (HR-5763), which would set a new Dec. 3 expiration date for U.S. transportation funding, to buy more time for lawmakers to enact the Senate-passed HR-3684.
President Joe Biden formally sent the Senate his renomination of FCC Chairwoman Jessica Rosenworcel and nomination of Georgetown Law Institute for Technology Law & Policy’s Gigi Sohn for the vacant Democratic commission seat (see 2110260076). The White House also said Thursday it sent the Senate Biden’s picks of NTIA administrator nominee Alan Davidson and Patent and Trademark Office director nominee Kathi Vidal.
The Senate Judiciary Committee reported DOJ Antitrust Division nominee Jonathan Kanter to the Senate floor Thursday by voice vote (see 2110210033). John Cornyn, R-Texas, was the sole no vote. He said he shares Kanter’s concerns about the tech industry’s influence over consumers but is troubled by Kanter potentially moving away from the consumer welfare standard. Cornyn said Kanter has expressed interest in “competitive objectives” outside the traditional scope of antitrust and using antitrust as a “political hammer.” Sen. Amy Klobuchar, D-Minn., noted support for Kanter from a bipartisan group of nine former Antitrust Division chiefs (see 2109250003), saying he has the experience for the job. The committee 13-9 reported Lucy Koh, nominated to be 9th U.S. Circuit Court of Appeals judge. Voting against Koh were GOP Sens. Cornyn; Josh Hawley, Mo.; Mike Lee, Utah; Ted Cruz, Texas; Ben Sasse, Neb.; Tom Cotton, Ark.; John Kennedy, La.; Thom Tillis, N.C.; and Marsha Blackburn, Tenn.
A “substantial increase” in funding for DOJ’s Antitrust Division for FY 2022 is necessary to deal with the “skyrocketing” amount of merger filings, Attorney General Merrick Garland told the Senate Judiciary Committee on Wednesday. DOJ requested a 9% increase in division funding from FY 2021, to $201 million. The department’s 2022 budget request totals about $35.3 billion. The number of division evaluators has decreased, said Garland, calling antitrust a “key focus” for DOJ: “We need help in that regard.” He cited the case against Google’s alleged exclusionary conduct, among other efforts. The number of attorneys in the division is down, and the department “needs an expansion,” he said.
The FTC report on ISPs' “rampant abuse” of consumer data should be enough to get Congress to pass privacy legislation, said Sen. Ron Wyden, D-Ore. “Whether it’s advertisers, tech companies or Big Cable, corporate America is showing absolute contempt for the idea that consumers can control personal details.” Repeal of net neutrality regulations had “opened the floodgates” to ISPs’ unchecked use of browsing data, he said Friday: “The FCC needs every tool available to stop cable companies from gouging consumers and selling their data.” NCTA said Thursday the report shows “a highly distorted view of ISP data collection policies and inappropriately attempts to lump broadband providers into the same category as the Big Tech platforms.” Cable ISPs take their responsibilities to protect consumer data seriously, and consistent rules are needed across the internet, NCTA said.
The Senate Judiciary Committee delayed a vote on confirming nominee Jonathan Kanter to lead DOJ’s Antitrust Division Thursday (see 2110080038). The committee traditionally holds items when they’re first scheduled on the agenda, said Chairman Dick Durbin, D-Ill.
YouTube, TikTok and Snap will testify at a Senate Consumer Protection Subcommittee hearing Tuesday at 10 a.m. in 253 Russell. The hearing will examine how social media impacts children’s health and privacy issues. Scheduled witnesses are Leslie Miller, YouTube vice president-government and public policy; Michael Beckerman, TikTok head-public policy, Americas; and Jennifer Stout, Snap vice president-global public policy.