Week of April 8, 2024

We hope you had a restful two weeks during Congress’ district work period because the next couple of weeks are going to be busy. Members are returning to Washington this week to tackle a number of priorities including FISA Section 702 reauthorization, Homeland Security Secretary Mayorkas’ impeachment trial, and Ukraine funding. And don’t forget the FY25 appropriations lingering in the background. 

But the big story of the week is undoubtedly the bicameral, bipartisan agreement on a comprehensive federal data privacy bill. House and Senate Commerce Leaders announced the new legislative discussion draft Sunday evening, highlighting a new federal data law that takes precedence over individual state laws. More on that below. 

We’re tracking several Hill happenings this week including kick offs to budget hearings in both House and Senate appropriations, Senate Banking's hearing to examine illicit finance, House Financial Services scrutiny of the SEC’s climate disclosure bill, and whether or not the House will reach a compromise on FISA reauthorization. We are keeping a close eye on the House Energy and Commerce Communications and Tech Subcommittee hearing to examine Section 230, as well. 

What We’re Watching: 

  • House and Senate Commerce Leaders Introduce Federal Privacy Bill: In a possible Hail Mary prior to election season, House and Senate Commerce leadership unveiled draft legislation to establish a comprehensive, federal data privacy law. The bill, the American Privacy Rights Act (APRA), largely resembles the American Data Privacy Protection Act, which passed out of the House Energy and Commerce Committee in 2022. The ADPPA, however, did not garner support from Senate Commerce Chair Maria Cantwell (D-WA). The APRA includes two primary compromises that lost support on previous legislation - a shorter timeline for individuals to seek private right of action (PRA) on legal violations and federal preemption over states with more stringent privacy laws. The APRA shortens the length of time for PRA to six months after the law takes effect and now meets or exceeds privacy laws of states that have enacted their own laws, paving the way for a nationwide data privacy standard. The clock has started for lawmakers to act on this legislation with a mountain of other priorities thrown into the mix.

  • Section 230 in the House E&C Hot Seat: The House Energy and Commerce Communications and Technology Subcommittee will be taking a close look at Section 230 liability protections in an upcoming Thursday hearing. Committee Chair McMorris Rodgers (R-WA) and Subcommittee Chair Bob Latta (R-OH) highlighted in a statement that “Section 230 has not been meaningfully updated since the Communications Decency Act of 1996, even though Big Tech companies and others facilitating user-generated content have become increasingly integrated into our everyday lives,” and that the hearing will provide “opportunity to reexamine the purpose of Section 230 and discuss what Congress can do to bring this law into the 21st Century.” While the Senate Judiciary Committee has held notable hearings this Congress on the issue, Section 230 has largely been absent from Committee agendas in the House. It is unclear if the Committee will look to prioritize Section 230 reforms this Congress in light of other pressing priorities, but the hearing signals a renewed focus on the issue.

  • Will Section 702 Be Reauthorized?: The House will be considering a bill this week to reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA), which permits targeted governmental surveillance to acquire foreign intelligence information. Section 702 is currently set to expire on April 19, and the road to reauthorization has been nothing short of contentious. After two competing Republican bills failed to make it to the floor, this new base bill, led by Rep. Laurel Lee (R-FL), includes certain compromises from the first two. The new bill removes language that would have enabled the 4th Amendment is Not for Sale Act to be included or offered as an amendment, as well as now requires the DOJ to recertify FISA after the bill becomes law. The bill still faces an uphill battle, however, as approximately six contentious amendments are guaranteed to be filed. If it does pass, the legislation still faces an uncertain future in the Senate. Another short-term extension is seemingly inevitable to avoid next Friday’s deadline.

What’s Happening This Week:

Tech Hearings

  • Senate Banking hearing on illicit finance - Tuesday, April 9 at 10:00 AM ET

  • Senate Armed Services hearing on US Cyber Command’s budget request - Wednesday, April 10 at 9:30 AM ET

  • House Judiciary Subcommittee hearing on AI and IP - Wednesday, April 10 at 10:00 AM ET

  • House Financial Services hearing on SEC climate disclosure rule - Wednesday, April 10 at 10:00 AM ET

  • Senate Energy and Natural Resources Subcommittee hearing on cyber threats in critical water infrastructure - Wednesday, April 10 at 2:30 PM ET

  • Senate HSGAC hearing on export controls - Wednesday, April 10 at 3:00 PM ET

  • House Armed Services hearing on U.S. Cyber Command’s budget request - Wednesday, April 10 at 3:30 PM ET

  • House Energy and Commerce Subcommittee hearing on Section 230 - Thursday, April 11 at 1:00 PM ET

Tech Events

What’s Interesting This Week:

Total Eclipse of the Sun…. Today’s solar eclipse will be the first total eclipse in the continental U.S. in 7 years. The last one occurred August 21, 2017. It crossed the country from Oregon to South Carolina, and millions of people viewed it successfully. Before that one, you have to go back to February 26, 1979. And it will be 20 years until the next one: August 23, 2044. So don’t blow it!

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