- The 80s put it best… It's the final countdown. Congressional funding runs out this Friday at midnight, giving leaders five days to pass a continuing resolution to keep the lights on.?
- The 118th Congress is expected to adjourn this week following passage of the National Defense Authorization Act (NDAA) and its stopgap funding measure.
- Franklin Square’s Tech Weekly will be back in the new year to keep you up-to-date on the latest tech news in Washington.?
- President Biden signed over the weekend a renewed, but narrowed, U.S.-China Science and Technology Cooperation Agreement, for another five years. The agreement on scientific cooperation is said to be limited to “government-to-government cooperation in basic research on areas of mutual benefit.”?
- President-elect Trump and Softbank CEO Masayoshi Son announced on Monday a $100 billion investment in the U.S., including the creation of 100,000 jobs focused on artificial intelligence and related infrastructure.
1. Senate Judiciary Democrats Wrap Up On Antitrust Reform: Congress is hard at work wrapping up committee hearings in its final week. The Senate Judiciary Antitrust Subcommittee is holding its final hearing of the year Tuesday on the path forward for antitrust enforcement and reform.?
- The meeting is expected to be a recap of the Biden Administration’s work on competition issues, and what to expect under the next Trump Administration.
- Witnesses primarily include antitrust academic professors as well as former state antitrust attorneys, and will likely be geared to more technical antitrust policies rather than exploring impact on individual sectors and industries.?
- With Republicans assuming control of the Senate in the new year, there is likely to be a change in scope and tone of the Subcommittee, but we expect continued focus on big tech.
2. A Patent Policy Day In the Last Week: In the final week of session, Congress is holding not one, but two intellectual property-focused hearings, plus an important nominations hearing - all on the same day.
- The House Judiciary IP Subcommittee will wrap-up its four-part hearing series on IP and China competition issues, including the role of standard essential patents (SEPs). Previous hearings have largely focused on concerns around IP theft on American tech innovation around AI, quantum, and other emerging technologies.?
- The Senate Judiciary Subcommittee on IP will hold a hearing to examine the RESTORE Patent Rights Act, which would overturn the Supreme Court’s unanimous decision on eBay, one of the core protections against patent trolls.?
- The Senate Finance Committee will be holding a nominations hearing for three members for the International Trade Commission (ITC). The ITC has become an important, and sometimes problematic, venue for patent cases, so we will be tracking how the nominees fare. If they don’t pass the Senate before the end of the year, the next Administration will likely take up the same nominees.?
3. What’s Next For Tech Next Year: With a change in leadership in the White House and Senate, Republicans will control each of the three elected bodies, which could bring marked changes for tech policy.?
- Top tech priorities are beginning to shape up, particularly as Committee leadership announcements start to come to fruition.
- We expect to see action on crypto policy early, given House Majority Leader Scalise’s recent comments.?
- AI policy will also remain in the spotlight for both Congress and the White House,?and how President-elect Trump will tackle his promise to repeal the Biden Administration's executive order on AI remains to be seen.?
- We may also see a shift in how the Administration views international cooperation on emerging technologies, taking a more competitive approach and looking for ways to spur private investment in emerging tech.??
- President-elect Trump is surrounding himself with a tech-minded policy council including Elon Musk, and will have advisory counsel on how certain policies may impact the tech sector.?
What's Happening This Week
- Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights will hold a hearing on “Continuing a Bipartisan Path Forward for Antitrust Enforcement and Reform” - Tuesday, December 17 at 2:30 PM EST?
- Committee on House Administration will hold a hearing on “American Confidence in Elections: Prohibiting Foreign Interference” - Wednesday, December 18 at 10:00 AM EST
- House Judiciary Subcommittee on Courts, IP, and the Internet will hold a hearing on “IP and Strategic Competition with China: Part IV – Patents, Standards, and Lawfare” - Wednesday, December 18 at 10:00 AM EST
- Senate Finance Committee hearing on ITC Nominations - Wednesday, December 18 at 10:00 AM EST
- Senate Judiciary Subcommittee on Intellectual Property will hold a hearing to examine the RESTORE Patent Rights Act, focusing on restoring America's status as the global IP leader - Wednesday, December 18 at 2:00 PM EST
- The Joint Economic Committee will hold a hearing to examine trade wars and tariffs - Wednesday, December 18 at 2:30 PM EST
