The House Commerce Committee plans to vote Wednesday on the Domain Openness Through Continued Oversight Matters Act (HR-805), which passed the House Communications Subcommittee last week. An amended version of the bill would require NTIA to submit a report to Congress certifying that ICANN’s Internet Assigned Numbers Authority (IANA) transition plan meets the U.S. goal of maintaining global Internet openness. HR-805 would give Congress 30 legislative days to review the report before NTIA can relinquish its IANA oversight role. The bill also would require NTIA to certify that ICANN has adopted proposed changes to its bylaws (see 1506100060). House Commerce’s markup is set to begin at 10 a.m. in 2123 Rayburn. The European Council voted Friday to endorse ICANN’s ongoing multistakeholder process for planning the IANA transition and said it “invites the global multi-stakeholder community to make further progress in the development of the transition process and efforts to retain the Internet as a single, open, neutral, free, and un-fragmented network. At the same time, the Council notes that any unjustified delay of this process could negatively impact internet governance debates worldwide.”
The House Judiciary Committee approved the Innovation Act 24-8 Thursday. HR-9 “takes steps to combat the ever increasing problem of abusive patent litigation” and “abusive practices taking place in our courts,” said a House Judiciary Committee news release. Chairman Bob Goodlatte, R-Va., chief sponsor of the Innovation Act, praised the committee’s approval of the bill, calling abusive patent litigation a “drag on our economy” that affects all businesses and industries. Goodlatte said the legislation “takes the necessary steps to address abusive patent litigation, while protecting legitimate property rights.” There’s been an increase in innovation stifled by what he described as patent trolls, “who see our patent system not as a tool to spur inventiveness, but as a club with which to bludgeon those who truly seek to innovate and grow our economy,” said Intellectual Property Subcommittee Chairman Darrell Issa, R-Calif. “We must restore the promise that hard work and ingenuity lead not to crippling, frivolous lawsuits, but to well-deserved success.” Subcommittee Ranking Member Jerrold Nadler, D-N.Y., said he supports the Innovation Act because “a strong patent system requires that we protect business and consumers from the harm caused by abusive litigation.” House Communications Subcommittee ranking member Anna Eshoo, D-Calif., said that when “businesses aren’t bogged down with abusive patent litigation, they spend on average $211 million more on research and development than firms that have to redirect resources to protect their original ideas in court.” Though the Innovation Act isn't the bill Rep. Suzan DelBene, D-Wash., would have written, it “takes steps toward creating a more transparent system that will help protect innovators and entrepreneurs throughout the patent ecosystem,” she said in a news release. While DelBene ultimately voted for the bill’s passage out of committee, she said more work is needed before it comes to the House floor. The Computer & Communications Industry Association, CEA, NAB and the Software & Information Industry Association applauded the committee’s passage of the bill.
The Senate Appropriations Committee-passed version of the FY 2016 budget for the departments of Commerce and Justice and related federal agencies, released Thursday, contains an amendment from Sen. James Lankford, R-Okla., that directs NTIA to inform the committee and the Senate Commerce Committee no fewer than 45 days before it makes a decision on approving ICANN’s proposed Internet Assigned Numbers Authority (IANA) transition plan. A House-passed version of the FY 2016 Commerce budget (HR-2578) included an amendment that would prohibit NTIA from using its funds on the IANA transition through the end of FY 2016 (see 1506040052 and 1506020043). The Senate Appropriations amendment, among those included in a manager’s amendment package that Senate Appropriations cleared 27-3, also directs NTIA to continue to issue quarterly reports to Senate Appropriations on “all aspects” of the IANA transition process. Senate Appropriations “continues to be concerned about this process and supports the continued stewardship role of the United States over the domain name system in order to ensure the security of the .gov and .mil domains and to protect the freedom of speech and expression internationally,” the amendment said. Another amendment passed as part of Senate Appropriations’ version of the Commerce budget would direct NTIA to continue assisting states and localities that have received broadband grant awards in improving public safety networks.
The Senate passed the Department of Homeland Security Interoperable Communications Act (HR-615) Thursday by unanimous consent. The legislation passed the House in February. House Homeland Security Committee ranking member Bennie Thompson, D-Miss., and Emergency Preparedness Subcommittee ranking member Donald Payne, D-N.J., in a statement earlier last week pressed for Senate consideration. Payne had introduced the House bill, and Thompson and committee Republicans backed it. In their statement, Payne and Thompson were commenting on a DHS Office of Inspector General verification review of a 2012 audit of department oversight of interoperable communications. “It is incredibly disturbing that the Department of Homeland Security still lacks the proper technology and procedures to allow its frontline workers to communicate properly with each other,” the two Democrats said. “The Department must stop dragging its feet on creating and implementing a communications interoperability plan. This must be a top priority.” They requested Senate consideration “so we can put the Department on a path forward to fix this long-standing problem.”
The House Appropriations Committee will mark up the Financial Services appropriations bill 10 a.m. Wednesday in 2359 Rayburn. The proposal, which would cut FCC funding by about $25 million in FY 2016, cleared its subcommittee last week with many partisan objections (see 1506110046). The FCC had requested more than $70 million more than House appropriators are proposing. Two senior House Commerce Committee Democrats slammed the proposed GOP cuts to the FCC budget for FY 2016. “Instead of listening to the will of the people, Republican appropriators are playing politics with the FCC's budget and dangerously underfunding this critical agency,” said House Commerce Committee ranking member Frank Pallone, D-N.J., and Communications Subcommittee ranking member Anna Eshoo, D-Calif., in a joint statement last week. “This is yet another attempt by House Republicans to delay policies they do not support, and it is an irresponsible way to govern.” They pointed to broad support for net neutrality protections. The House appropriations proposal includes multiple riders on net neutrality.
Sen. David Vitter, R-La., introduced S-1545 “to require a quarterly report by the Federal Communications Commission on the Lifeline program funded by the Universal Service Fund,” its title said. The bill’s text wasn't online and it has been referred to the Commerce Committee, where Vitter isn't a member. The legislation has no co-sponsors. Vitter is a critic of the Lifeline program and recently derided any proposed expansion as “absurd.”
Lawmakers were divided along partisan lines about Thursday's denial of industry’s request for a stay of the FCC net neutrality order by the U.S. Court of Appeals for the D.C. Circuit (see 1506110048), with Democrats especially pleased. Several lawmakers used the occasion to underscore their desire for bipartisan legislation. “This decision underscores the need for Congress to find a bipartisan legislative solution to protect, preserve, and promote the free and open Internet,” said Senate Commerce Committee Chairman John Thune, R-S.D. “Edge companies, broadband providers, and Internet users alike all need clear rules of the digital road so they can continue to innovate, invest, and use the Internet with confidence. Only Congress, on a bipartisan basis, can provide that legal certainty.” During court review, “I remain committed to finding true bipartisan consensus to take the important protections the FCC put into place and provide the certainty that only legislation can provide,” agreed Senate Commerce Committee ranking member Bill Nelson, D-Fla. “That legislation, though, must fully protect consumers, preserve the FCC’s role, and leave the agency with flexible, forward-looking authority.” The two primary lawmakers who tell us they're negotiating a compromise are Thune and Nelson (see 1506040046), with negotiations stalled in the House. Due to the ongoing litigation, “I remain open to trying to reach common ground in Congress on a way to enshrine the critical net neutrality protections adopted by the FCC in statute,” said Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii, who said he’s privy to the Thune/Nelson negotiations. House Republicans called legislation “not only possible, but preferable.” The FCC rules implementation puts “our online future at risk," said House Commerce Committee Chairman Fred Upton, R-Mich., Communications Subcommittee Chairman Greg Walden, R-Ore., and Subcommittee Vice Chairman Bob Latta, R-Ohio, in a joint statement. “Unfortunately, we are now in for a long, unnecessary wait while the courts determine if the commission was out of bounds.” House Commerce Committee ranking member Frank Pallone, D-N.J., is “pleased” with the decision and lauded the importance of protections. Pallone didn't mention legislation, as he occasionally has in the past. The decision is “a critical validation that the new rules to protect an open Internet are grounded in strong legal footing and can endure future challenges by broadband providers,” said House Communications Subcommittee ranking member Anna Eshoo, D-Calif. Sen. Ed Markey, D-Mass., declared “the Internet is open for business for everyone”; Sen. Maria Cantwell, D-Wash., called the decision “a significant step forward” in defending strong, permanent rules; Rep. Doris Matsui, D-Calif., said the ruling is “a victory for the Internet”; and Senate Judiciary Committee ranking member Patrick Leahy, D-Vt., tweeted that the ruling is “another victory” for net neutrality. Rep. Darrell Issa, R-Calif., lamented the rules taking effect: “R.I.P. internet as we knew you,” Issa tweeted Friday. “You'll be missed.”
Senate Majority Leader Mitch McConnell, R-Ky., withdrew an amendment to the FY 2016 reauthorization of the National Defense Authorization Act (S-1376) Thursday that would have added language from the Cybersecurity Information Sharing Act (S-754) in the bill. McConnell withdrew the S-754 amendment after only 56 senators voted in favor of limiting debate on it. Three Republicans -- Dean Heller of Nevada, Mike Lee of Utah and Rand Paul of Kentucky -- voted against the amendment while six Democrats and Democratic-aligned Sen. Angus King, I-Maine, voted for it. McConnell cited the recent Office of Personnel Management data breach in his plea for the Senate to approve the S-754 amendment, saying “there are now 4 million extra reasons for Congress to act quickly.” Senate Minority Leader Harry Reid, D-Nev., echoed other Senate Democrats in objecting to the amendment, saying on the Senate floor that “there is no good reason for doing it this way” instead of considering S-754 after considering the NDAA reauthorization. An industry lobbyist said it was unclear how S-754 supporters would proceed, saying McConnell and other supporters of including S-754 language in the NDAA reauthorization appeared not to have planned for other options for moving S-754.
A vote to support trade promotion authority legislation in the House “is a vote to support the 12 million men and women working in manufacturing" in the U.S., said the National Association of Manufacturers in a statement Thursday. The House “faces a simple decision,” said NAM: “Vote in support of TPA and expand opportunities for manufacturers to sell our products overseas, increase global competitiveness and fuel our ability to grow and create jobs, or vote to keep manufacturers on the sidelines and at a global disadvantage.” The statement was signed by NAM President Jay Timmons and David Farr, NAM vice chairman-international economic affairs policy and Emerson Electric's CEO.
Sens. Cory Booker, D-N.J., and Marco Rubio, R-Fla., want Commerce Committee leadership to mark up their Wi-Fi Innovation Act (S-424) or find another solution to the spectrum situation that the legislation targets. They sent a letter Wednesday to Chairman John Thune, R-S.D., and ranking member Bill Nelson, D-Fla., urging them to “seek a path forward and find answers to whether spectrum in the 5 GHz band can be safely shared.” They pointed to some of the voluntary efforts underway. The legislation would compel such testing of the 5 GHz band. “Since our bill was introduced, the auto and technology sectors have started working together to voluntarily test to determine if spectrum sharing is possible and we believe this is a meaningful step in the right direction,” said Booker and Rubio, both members of Commerce. “With additional oversight and leadership from Congress, we are confident that a reasonable and safe solution can be found.” The upper 5 GHz spectrum is the most controversial and is used by auto companies for intelligent transportation technology. Some stakeholders have warned that legislation is hardly necessary and may be harmful, given the collaboration already underway within industry and between House members and the relevant government agencies (see 1505270044).