Public recriminations escalated Monday night and Tuesday after the Senate Commerce Committee yanked a planned committee vote on the Spectrum and National Security Act (S-4207) for the fourth time (see 2406170066). The panel described Tuesday's markup as “canceled” but characterized previous situations as postponed. Senate Commerce planned a vote on a revised version of the measure (see 2406140062) Tuesday that the Commerce Department, DOD and the Joint Chiefs of Staff endorsed last week. Observers cited the finger-pointing to justify their doubts that there's a path forward for the measure or another major spectrum package during this Congress.
Revisions to the Spectrum and National Security Act (S-4207) last week (see 2406140062) have at least solidified Democrats' support for the measure ahead of a planned Tuesday Senate Commerce Committee vote, lobbyists told us. The more doubtful wild card is whether any Republican panel members publicly back the measure Tuesday despite Chair Maria Cantwell, D-Wash., making revisions that reflect their desire to protect military interests, lobbyists said. Several believed there was still a strong chance Senate Commerce would again postpone a vote on S-4207 after already yanking it from the agenda three times (see 2406110079). The panel’s meeting is set to begin at 10 a.m. in 253 Russell.
Incorporating kids’ privacy language is complicating the House Commerce Committee's effort to move ahead with a comprehensive bill, members told us in interviews last week. A full committee markup is possible when the chamber returns the week of June 24.
Aides to Senate Commerce Committee supporters of the Spectrum and National Security Act (S-4207) say revisions that the Commerce Department and military leaders endorsed Tuesday night will sway enough Republicans to ease the bill's path forward in the chamber. Senators told us much will depend on the language in a new substitute version of S-4207 that was still under development Wednesday afternoon. The bill would restore the FCC’s spectrum auction authority for five years, allocate $7 billion to the expired affordable connectivity program during FY 2024 and fully pay for the Secure and Trusted Communications Networks Reimbursement Program.
The House Commerce Committee plans to vote on the Telehealth Enhancement for Mental Health Act (HR-7858) as part of a Wednesday markup session on health legislation. HR-7858 would direct the Department of Health and Human Services to implement a Medicare coding modifier to identify telehealth claims for services that are key components of the mental healthcare process involving nonphysician clinicians. HR-7858 was one of several telehealth bills the House Commerce Health Subcommittee examined during an April hearing (see 2404040063). House Commerce’s markup session will begin at 10 a.m. in 2123 Rayburn, the panel said Monday night.
Another comprehensive state privacy bill is moving quickly toward the finish line. The Rhode Island House voted 70-1 on Monday, approving H-7787 with some floor amendments. Meanwhile, the state's Senate Commerce Committee voted 7-1 to advance the similar S-2500. Tech industry groups supported the measure; however, a state senator and a consumer group said the Rhode Island legislation is too weak.
A Senate Commerce Committee spokesperson said Tuesday afternoon the panel remains on track to mark up the Spectrum and National Security Act (S-4207) Wednesday, but negotiations between leaders signaled the situation remained extremely fluid, lobbyists told us. Senate Commerce postponed two May markups of S-4207 amid strong opposition from top committee Republicans (see 2405010051). The measure would restore the FCC’s spectrum auction authority through Sept. 30, 2029. It would lend the commission more than $10 billion in FY 2024 funding for the expired affordable connectivity program and fully pay for the Secure and Trusted Communications Networks Reimbursement Program. The Senate Commerce meeting will begin at 10 a.m. in 253 Russell.
The House Commerce Committee’s bipartisan privacy bill doesn't properly preempt state law, CTA, TechNet, NetChoice, Computer & Communications Industry Association and a coalition of industry groups wrote Monday in a letter to Chair Cathy McMorris Rodgers, R-Wash., and ranking member Frank Pallone, D-N.J. The House Innovation Subcommittee advanced a draft version of the American Privacy Rights Act (APRA) to the full committee in May (see 2405230056). APRA “falls short of creating a uniform national standard due to its inadequate federal preemption of the ever-growing patchwork of state privacy laws,” they wrote. “Without full preemption of state laws, APRA will add to the privacy patchwork, create confusion for consumers, and hinder economic growth.” The group behind the letter, the United for Privacy Coalition, includes ACT | the App Association, Chamber of Progress, Engine, Interactive Advertising Bureau, Information Technology Industry Council, Software & Information Industry Association and the U.S. Chamber of Commerce. They urged the committee to pass a “single, uniform national privacy standard.”
The FCC urged the 6th U.S. Circuit Appeals Court Friday to move the challenge to the FCC’s net neutrality order to the D.C. Circuit (docket 24-3450). The FCC also issued an order declining to stay the rules, which take effect July 22, pending judicial review.
Congressional leaders haven't reached a consensus on how to resurrect the FCC's expired affordable connectivity program. In interviews this week, lawmakers pointed to a range of options, including an expected third attempt at a Senate Commerce Committee markup next week (see [2405310070]) of the Spectrum and National Security Act (S-4207). The FCC formally shuttered ACP Friday after supporters on Capitol Hill failed numerous times at allocating stopgap funding (see 2403280001).