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DOJ Antitrust Sees Raise

FY24 Minibus Would Reduce Funding for NTIA, Other Commerce Dept. Agencies

The House is expected to vote as soon as Wednesday on the 2024 Consolidated Appropriations Act, a “minibus” funding bill that includes reductions for NTIA and other Commerce Department agencies but a slight increase for the DOJ Antitrust Division. President Joe Biden signed a continuing resolution (HR-7463) March 1 that extended federal appropriations for those agencies through Friday, March 8 (see 2403010072). The chamber is also set to vote this week on the 988 Lifeline Cybersecurity Responsibility Act (HR-498) and NTIA Reauthorization Act (HR-4510) under suspension of the rules (see 2403010073).

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The minibus proposal, an amendment to vehicle HR-4366 released Sunday, would allocate $57 billion to NTIA, almost 5% less than the agency received for FY 2023 (see 2212210077) and more than 48% less than Biden sought last year in his budget request. The measure “directs NTIA to conduct a cost-benefit analysis of the most efficient and economical means of broadband deployment to connect unserved rural areas” as part of its broadband equity, access and deployment program and report back to the House and Senate Appropriations committees within 180 days of the bill’s enactment. An explanatory statement also “encourages” NTIA to “equally prioritize the deployment of” FirstNet “in rural communities and in urban areas.”

The National Institute of Standards and Technology would receive $1.46 billion, 10% less than in FY23 and more than 10% less than Biden proposed last year (see 2303130070). The proposal directs that NIST brief lawmakers “on any upside sharing agreements made between NIST and a recipient of” Chips and Science Act funding for building semiconductor manufacturing facilities. It also requires the agency “provide quarterly reports to” House and Senate Appropriations “on any amounts received by the agency through upside sharing agreements” and updates “on funds clawed back or withheld from an applicant due to a failure to meet designated milestones.”

The Bureau of Industry and Security emerged relatively unscathed, with an allocation of $191 million, level with FY23 but 14% less than what the Biden administration requested. The Patent Office would get almost $4.2 billion, 1% less than in FY23. The minibus proposes almost $170 million for the Agriculture Department Rural Utilities Service’s Distance Learning, Telemedicine and Broadband Program, including $90 million for the ReConnect initiative.

DOJ Antitrust would receive $233 million, more than 3% above FY23 but 28% less than what the Biden administration sought. An explanatory statement attached to the minibus “acknowledges the inherent structural challenges of providing predictable, sustainable appropriations to fee-funded agencies, including the Antitrust Division, as fee collections are inherently unpredictable and vary based on economic conditions and other factors.”