Week of July 11, 2022

The fireworks are done and that amazingly gaudy pair of American flag shorts are back in the closet until next year (or next weekend, if that’s your style), and Washington, D.C. steps off on the 3-week (4-week in the hardworking upper Chamber)

July legislative slog with a growing list of “must do” items before the August recess. And, just to add an additional challenge to this already busy stretch, Senate Majority Leader Chuck Schumer (D-NY) has tested positive for COVID so he will not be able to manage his members and his chamber with his usual, in-person approach.

  • Senate Majority Leader Schumer (D-NY), working with Senator Joe Manchin (D-WV), has resurrected a scaled back Budget Reconciliation bill, including drug pricing, climate, and tax provisions, and has signaled that Reconciliation will be on the floor in the next couple weeks. 

  • The Fiscal Year 2023 National Defense Reauthorization Act (NDAA) will likely be on the House floor this week, as the Rules Committee is scheduled to meet to discuss which amendments will receive a floor vote. 

  • The House Appropriations Committee has its first “mini-bus” package of funding bills ready for floor consideration, likely after NDAA is completed.

  • President Biden’s executive order on reproductive health calls for FTC action to protect sensitive, reproductive health data in the wake of the Supreme Court’s Dobbs decision.

What We’re Watching: 

  • China Competition: Progress on USICA/COMPETES negotiations ran into a significant stumbling block over the holiday recess when the previously mentioned Budget Reconciliation bill was resurrected. Senate Minority Leader Mitch McConnell (R-KY) reiterated his threat to prevent any movement on the USICA conference committee if the Reconciliation deal is live. The reality is that the conference committee was already struggling to reach a deal that could pass the House and the Senate, and McConnell’s move as part of the Reconciliation fight only adds more weight to an already heavy burden. In an effort to rally support, the Administration will hold a classified Senate briefing on Wednesday on the importance of China competition.

  • Bipartisan Privacy Legislation Continues to Move Forward: The House Energy and Commerce Committee is set to mark-up the American Data Privacy and Protection Act (ADPPA). The bill was passed out of subcommittee by voice vote in June, and this week’s full committee will be a test of how strong that bipartisan support is, as Members are allowed to offer amendments that could alter the delicate balance of the current ADPPA deal. Issues such as protection, as well as the pre-emption and private-right-of-action are sure to be debated at this mark-up. The committee is hopeful that ADPPA can be cleared in time for consideration by the full House prior to August recess, and this week’s mark-up will be a good indicator of how realistic that is. 

  • EU’s Tech Overhaul: Last week, the EU approved the long-awaited Digital Markets Act (DMA) and the Digital Services Act (DSA), which will have sweeping antitrust and content moderation implications for large tech companies. The DMA will require interoperability for messaging platforms as well as prohibit tech companies from self-preferencing their products over smaller competitors. The DSA pertains to content moderation, requiring tech companies to better monitor and police content on their sites. Questions still remain as to how the rules will go into effect, as each member country will have responsibilities in upholding and carrying out penalties for violations of the laws.

    • Similar antitrust legislation has been introduced in the U.S. House and Senate, but discussions have stalled as objections have arisen from both Republicans and Democrats.

What’s Happening This Week:

Tech Hearings

  • House Small Business Subcommittee hearing on fintech in small business lending - Wednesday, July 13 at 10:00 AM ET

  • House Financial Services Subcommittee hearing on the Community Reinvestment Act - Wednesday, July 13 at 10:00 AM ET

  • Senate Banking Committee hearing on export controls and oversight of the Bureau of Industry and Security - Thursday, July 14 at 10:00 AM ET

Tech Events

What’s Interesting This Week:

One small step for man…. On July 16, 1969, Apollo 11 launched from Cape Kennedy, Florida, (now known as Cape Canaveral) on the way to becoming the first space mission to land men on the Moon.

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