Jimm Phillips

Senate floor proceedings are delayed until Oct. 19, complicating the timeline for consideration of Supreme Court nominee Amy Coney Barrett and FCC nominee Nathan Simington. Majority Leader Mitch McConnell, R-Ky., was expected to have sought unanimous consent Monday for the chamber to meet pro forma through next week after GOP members Ron Johnson of Wisconsin, Mike Lee of Utah and Thom Tillis of North Carolina tested positive for COVID-19. Johnson and Lee are members of the Commerce Committee, which has jurisdiction over the Simington pick. Lee and Tillis are on the Judiciary Committee, which is handling the Barrett nomination. Lee and Tillis attended the event last month where President Donald Trump announced he was picking Barrett. Trump (see 2010020044) and other attendees also tested positive. Johnson attended Senate GOP caucus lunches with Lee and Tillis last week. McConnell said the delay in floor proceedings won’t preclude committees from holding hearings virtually, a practice that’s been in place since the spring (see 2005180042). Judiciary Chairman Lindsey Graham, R-S.C., intends to begin hearings on Barrett next week. A committee vote to advance Barrett is planned for Oct. 22; it's unclear whether Lee and Tillis will recover by then. Republicans hold a 12-10 Judiciary majority, making Lee's and Tillis' presence crucial for advancing Barrett amid likely unanimous Democratic opposition. Commerce could hold a virtual hearing on Simington; there’s no chatter about one coming (see 2009300022). The committee has postponed Wednesday's railroads hearing and didn't comment on any further schedule changes.

New York Attorney General Letitia James and 18 other Democratic state attorneys general were among those filing amicus briefs Wednesday opposing a DOJ bid to get a preliminary injunction to stop enforcement of California’s net neutrality law (see 2008050060). DOJ's and ISPs’ lawsuits against the California statute (SB-822) in U.S. District Court in Sacramento resumed in early August after Mozilla and others let pass a July 6 deadline to seek a Supreme Court review of FCC rescission of its 2015 national rules (see 2007300041). TechFreedom, TIA and the U.S. Chamber of Commerce filed amicus briefs in August supporting the litigation (see 2008200034).

House Democrats bowed revised COVID-19 aid legislation Monday that retains many of the telecom provisions included in the Health and Economic Recovery Omnibus Emergency Solutions (Heroes) Act (HR-6800), which the chamber passed in May (see 2005130059). House Speaker Nancy Pelosi, D-Calif., told reporters Tuesday she’s “hopeful” a deal on pandemic aid is possible this week amid renewed talks with Treasury Secretary Steven Mnuchin. White House Chief of Staff Mark Meadows wasn't directly involved in a Tuesday phone conversation between Pelosi and Mnuchin but told reporters, “Hopefully, we’ll make some progress and find a solution.” Negotiations have gone on for months, leading some to believe broadband funding talk could make its way into election campaigns (see 2008210001). The revised Heroes Act allocates more than $15 billion for broadband, including $12 billion for an FCC-administered Emergency Connectivity Fund to provide “funding for Wi-fi hotspots, other equipment, connected devices, and advanced telecommunications and information services to schools and libraries.” An additional $3 billion would go to an Emergency Broadband Connectivity Fund to provide “an emergency benefit for broadband service,” with the national Lifeline verifier serving as one potential way of determining eligibility. The bill would temporarily increase minimum Lifeline service standards to include unlimited voice and data allowances. Like HR-6800, it would appropriate $24 million to the FCC for implementing the Broadband Deployment Accuracy and Technological Availability Act broadband mapping law (S-1822). It allocates $200 million to the FCC’s COVID-19 Telehealth Program and $175 million to CPB “to maintain programming and services and preserve small and rural stations threatened by declines in non-Federal revenues.” The measure mirrors HR-6800’s language barring ISPs and voice providers from terminating or otherwise altering service to individual customers and small businesses because of inability “to pay as a result of disruptions caused by the public health emergency.” It includes language from the Don’t Break Up the T-Band Act (HR-451) and Martha Wright Prison Phone Justice Act (HR-6389). It contains HR-6800’s language to address price gouging during COVID-19 and make local media eligible for PPP.

The looming battle for Senate confirmation of Supreme Court nominee Amy Coney Barrett could either help or hurt FCC nominee Nathan Simington's chances of getting the chamber's approval before the election, lawmakers and others told us. President Donald Trump announced his Barrett pick Saturday to succeed the late Justice Ruth Bader Ginsburg, as expected (see 2009220022). Trump earlier named Simington, an NTIA senior adviser, as his pick to replace Commissioner Mike O'Rielly (see 2009150074).

U.S. Agency for Global Media CEO Michael Pack followed through on expectations he would defy a House Foreign Affairs Committee subpoena to testify Thursday (see 2009230045), drawing bipartisan criticism. Pack earlier committed to appear before but pulled out, citing unspecified administrative proceedings, said committee Chairman Eliot Engel, D-N.Y. Pack “manufactured this conflict to get out of being here today,” Engel said. Pack is the “wrong person for the job. He should resign, and if he doesn’t, [President Donald Trump] should fire him.” USAGM didn’t immediately comment. Pack has drawn congressional scrutiny since the Senate confirmed him earlier this year (see 2006240054) and faces a lawsuit by USAGM grantee Open Technology Fund seeking to block his attempted purge of OTF leadership. Pack’s "actions damaged support during the heights of unrest in Hong Kong, and they are continuing to do so today in Belarus” amid protest against both places’ governments, said ranking member Michael McCaul, R-Texas. He claimed Pack ignored “the will of Congress” and “basic questions.” The committee “deserves the respect of a response,” McCaul said.

Senate Communications Subcommittee members intermingled questions about FirstNet’s progress during a Thursday hearing with forays into how broader communications policy could affect the public safety broadband network. Subcommittee Chairman John Thune R-S.D., and others at times focused on whether legislation to further streamline permitting processes would aid FirstNet’s deployment. FirstNet CEO Edward Parkinson and AT&T Senior Vice President-FirstNet Program Jason Porter highlighted their progress in building the network and expressed willingness to carry out GAO recommendations that it improve communications with stakeholders (see 2009170071).

The Senate Homeland Security Committee’s Wednesday confirmation hearing for acting Homeland Security Secretary Chad Wolf featured almost no talk about cybersecurity, amid senators’ focus on allegations about his conduct as the department’s acting head, questions about the security of the upcoming elections and immigration. The closest Wolf got to cybersecurity talk were questions from Sen. Rob Portman, R-Ohio, and others about election security. DHS’ Cybersecurity and Infrastructure Security Agency is “focused on cyberthreats to elections systems” and infrastructure, Wolf said. “We have been working with all 50 secretaries of state” and others to make sure the Nov. 3 election “is going to be the securest election that we’ve had to date.” The U.S. intelligence community hasn’t “attributed any cyber campaign against any election infrastructure” by a foreign government-sponsored actor, “and I think that speaks to the work that we have done” over the course of President Donald Trump’s administration, he said: “At this time” during the 2016 presidential campaign, “there were indicators and warnings that they were targeting” U.S. elections infrastructure. China, Iran and Russia remain the biggest threat to that apparatus before the contest. Those countries also remain the largest threat for disseminating disinformation and propaganda online about the election, he said in response to a question from Sen. Maggie Hassan, D-N.H. Homeland Security plans a markup session Wednesday. It’s unclear whether that will include a vote to advance Wolf’s confirmation to the floor. Chairman Ron Johnson, R-Wis., wanted to move the confirmation process forward “as expeditiously as possible.”

A three-judge D.C. Circuit U.S. Court of Appeals panel scheduled oral argument Oct. 2 on the Open Technology Fund’s lawsuit against U.S. Agency for Global Media CEO Michael Pack. The D.C. Circuit in July temporarily stayed Pack’s bid to purge grantee OTF’s leadership, which got scrutiny from congressional Democrats (see 2006240054). Merrick Garland, Cornelia Pillard and David Sentelle will hear the case at 9:30 a.m., the court said (in Pacer). Meanwhile, the House Foreign Affairs Committee continues to push for Pack to testify at a planned Thursday hearing. Pack earlier committed to appear before House Foreign Affairs that day but pulled out without providing “any reasonable alternative dates,” forcing the committee to issue a subpoena. Pack is expected to defy the subpoena, a House Foreign Affairs aide said. The move has drawn the ire of Chairman Eliot Engel, D-N.Y., and ranking member Michael McCaul, R-Texas.

Congress "should consider legislation to designate a leadership position in the White House with commensurate authority to implement and encourage action in support of the nation's cybersecurity," GAO reported Tuesday. The House-passed FY 2021 National Defense Authorization Act (HR-6395) includes language to establish a national cyber director within the executive office of the president (see 2007200067). The U.S. Cyberspace Solarium Commission also recommended that (see 2003110076). “In light of the elimination of the White House Cybersecurity Coordinator position” (see 1708030009), “it remains unclear which official ultimately maintains responsibility for not only coordinating execution” of President Donald Trump’s 2018 U.S. cyber strategy (see 1809200055) “but also holding federal agencies accountable once activities are implemented,” GAO said. “Without a clear central leader to coordinate activities, as well as a process for monitoring performance," the White House “cannot ensure that entities are effectively executing their assigned activities intended to support the nation’s cybersecurity strategy and ultimately overcome this urgent challenge.” GAO urged the National Security Council to "work with relevant federal entities to update cybersecurity strategy documents to include goals, performance measures, and resource information." NSC “neither agreed nor disagreed with GAO's recommendation,” the office said. GAO separately urged the State Department to “involve federal agencies that contribute to cyber diplomacy to obtain their views and identify any risks, such as unnecessary fragmentation, overlap, and duplication of these efforts, as it implements its plan to establish” a Cyberspace Security and Emerging Technologies (CSET) Bureau. It's "important for agencies to involve other agency stakeholders in developing proposed reforms to obtain their views,” the office said. “Without involving and communicating with agency partners on its reorganization plan, State lacks assurance that it will effectively achieve its goals for establishing CSET, and it increases the risk of negative effects from unnecessary fragmentation, overlap, and duplication of cyber diplomacy efforts.” State disagreed, saying "other agencies are not stakeholders in an internal State reform, and that it was [unaware] that these agencies had consulted with State before reorganizing their own cyberspace security organizations,” the auditor said.

House Appropriations Committee Chairwoman Nita Lowey, D-N.Y., bowed a continuing resolution Monday (HR-8319) to fund the FCC, FTC and other federal agencies through Dec. 11 to avoid government shutdown. Congress must pass a CR or FY 2021 appropriations measures before Oct. 1. A House vote on HR-8319 is expected later this week. “While the House did its job and passed bills funding nearly every government agency, Senate Republicans did not even begin the appropriations process," Lowey said in a statement. "Because of their irresponsibility, a continuing resolution is sadly necessary." The measure appears to have support of Treasury Secretary Steven Mnuchin and bipartisan congressional leadership, lobbyists said. A House-passed omnibus FY 2021 bill (HR-7617) would allocate $376 million for the FCC, $341 million for the FTC, $45.5 million for NTIA, $3.7 billion for the Patent and Trademark Office and $1.04 billion for the National Institute of Standards and Technology. It includes $515 million for CPB, almost $180.3 million for DOJ’s Antitrust Division and $2.25 billion for the Department of Homeland Security's Cybersecurity and Infrastructure Security Agency (see 2007310053).