The 117th Congress is poised to end its term with a number of important initiatives that were postponed after what had initially been a positive year for digital policy.

Legislators left the chamber without passing the key pieces of legislation on these concerns, despite strong bipartisan support for antitrust reform that targets the biggest digital tech companies, a framework for protecting online privacy, and new safeguards for children.

 Additionally, the Senate has not yet voted to confirm the final nominee, keeping the Federal Communications Commission vacant for the duration of the Biden administration. Congress did approve the CHIPS and Science Act, which encourages local semiconductor development after shortages made the dangers of foreign production more apparent. 

The year-end spending package also included a measure prohibiting TikTok from being used on government devices due to national security concerns stemming from the app's ownership by a Chinese company, as well as a bill raising merger filing fees on significant deals to raise money for the antitrust agencies.

And even with regard to several of the unfinished bills, this year's effort makes substantial strides. In the area of privacy legislation, bipartisan support was received this year for a bill that almost unanimously passed out of a House committee. 

However, the Democratic chair of the Senate Commerce Committee, Maria Cantwell of Washington, who is considered as essential to the legislation's passage, does not support it.

Craig Albright, vice president of U.S. government affairs for business software industry association BSA, stated that any privacy law 'must be bipartisan.' 'Senator Cantwell must participate in the procedure. There is no avoiding her; she will be a crucial leader. 

However, I believe that if the House can show that it is making progress, it will be easier for the Senate to take action.' If lawmakers want to continue their work on technology reform next year, the environment will be more challenging. Policy observers emphasise that cooperation between the two parties will be necessary to pass laws in 2023, when the Senate will be controlled by the Democrats and the House by the Republicans.

While that may put an end to hopes for the majority of antitrust reforms—which, despite being bipartisan, are not typically supported by Republicans expected to lead the House and key committees—it may also mean that there is still hope for legislation on digital privacy, where both parties have stressed urgency despite years of failing to reach a consensus on points of contention.

Nevertheless, the legislators who spearheaded the strong antitrust proposals and other technological reforms have indicated they will continue to fight for similar policies in 2019.