Senate Republicans on Thursday re-elected Sen. John Thune, R-S.D., as chairman of the Republican Conference. Thune has been ranking member of the Commerce Committee, which he's expected to chair in the next Congress. The Republican Conference chair is the third-highest position in GOP leadership, Thune's office said in a news release.
President Barack Obama's campaign arm mocked Sen. Ted Cruz, R-Texas, as it continued to seek backers in the White House's quest to pressure the FCC to reclassify broadband as a Communications Act Title II telecom service (see 1411100033). “That's something worth fighting for -- especially in the face of an absurdly well-funded opposition,” Organizing for Action Digital Director Toby Fallsgraff told supporters by email, asking people to sign the White House petition backing Obama’s plan. “The groups trying hard to end net neutrality have plenty of allies in Washington. One of them, Senator Ted Cruz, wasted no time yesterday criticizing the President's plan, calling it 'Obamacare for the internet'... which, as far as I can tell, makes sense to exactly no one.” Organizing for Action is a fundraising and campaign arm of the Democratic Party affiliated with Obama and run by Jim Messina, his 2012 campaign manager. The BarackObama.com petition, funded and run by Organizing for Action, asks people to “add your name to tell the FCC you support the President's plan to protect net neutrality.” The Fallsgraff email praises the concept of the open Internet, which it says is under threat: “But if some internet service providers get their way, that could all change forever. They want to have a say in how you use the internet, or how fast your favorite sites load.” Cruz is a member of the Communications Subcommittee and has weighed legislative action on net neutrality. In a Washington Postop-ed Thursday, Cruz called net neutrality one of the Internet’s “biggest regulatory threats” and reaffirmed his earlier Obamacare label for it: “It would put the government in charge of determining Internet pricing, terms of service and what types of products and services can be delivered, leading to fewer choices, fewer opportunities and higher prices. … If the federal government seizes the power to regulate Internet pricing and goods and services, the regulations will never end.”
The Senate Commerce Committee scheduled a full committee hearing Tuesday at 2:30 p.m. in 253 Russell to consider nominations. Nominees under consideration were not revealed in the notice or given in response to our inquiries. President Barack Obama nominated FCC Commissioner Michael O’Rielly for a full term in October, and committee Republicans have told us they would like the Senate to approve O’Rielly’s renomination in the lame-duck session (see 1410100087). O’Rielly’s term expired this summer, and he is empowered as a commissioner through the end of next year.
House Republicans want to bring all five FCC commissioners in for an oversight hearing next month. The House Communications Subcommittee announced a Dec. 10 oversight hearing pegged to net neutrality and the Communications Act Title II reclassification support from President Barack Obama this week. Industry officials had told us lawmakers were trying to hold such a December oversight hearing before Obama’s announcement Monday (see 1411100033). Obama was “ignoring the term ‘independent agency’” and “wanted the world to know who was boss when it comes to net neutrality,” said Commerce Committee Chairman Fred Upton, R-Mich. “As the FCC moves closer to a vote that could put the government in control of the Internet, it is imperative that the Congress hears directly from all five commissioners and leading stakeholders.” Communications Subcommittee Chairman Greg Walden, R-Ore., criticized Title II and wants “an update on these proceedings in early December.” He said Obama “remains steadfast in his support for a government take-over of another critical piece of the American economy.” The subcommittee hasn't announced a room number or time for the hearing.
Senate Majority Leader Harry Reid, D-Nev., filed for cloture on the USA Freedom Act (S-2685) Wednesday, beginning a process that could lead to a floor vote in several days. That legislation is the latest version of surveillance overhaul that would prohibit bulk government collection of phone records, among other tweaks to surveillance law. “The American people are wondering whether Congress can get anything done,” said Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., author of the bill. “The answer is yes. Congress can and should take up and pass the bipartisan USA FREEDOM Act, without delay.” Privacy advocates such as the Center for Democracy & Technology and the Computer & Communications Industry Association urged passage of the bill. "There is no excuse not to pass this fundamental piece of legislation during the lame duck," said Rep. Jim Sensenbrenner, R-Wis., author of the original version of the legislation with Leahy last year. "Once the Senate acts, I encourage my colleagues in the House and the President to be prepared to promptly enact it into law."
Sen. Bill Nelson, D-Fla., is watching the net neutrality issue and declined to immediately endorse the full Communications Act Title II reclassification proposal that President Barack Obama issued Monday. “I will be tracking it,” Nelson told us at the Capitol Thursday, “but right now I want to think outside the box about Title X instead of Title II.” Nelson is expected to lead Senate Commerce Committee Democrats in the next Congress as ranking member. Republican counterparts have decried the idea of using Title II (see 1411120028), as have industry stakeholders. Several lawmakers have pressed to rewrite telecom law in the next year, pointing to limitations of such statutory designations as Communications Act Title II.
Sen. Mark Begich, D-Alaska, officially lost his re-election bid. Begich had held out hope for several days after last week’s midterm elections in the race against Republican challenger Dan Sullivan, but the race was called in Sullivan’s favor. Sullivan declared victory Wednesday. Begich is a member of the Communications Subcommittee and has actively pursued issues of broadband deployment and USF rules. His loss means the GOP has gained at least eight Senate seats, further strengthening the party’s majority in the next Congress.
The Marketplace Fairness Coalition (MFC) sent a letter Wednesday to House Speaker John Boehner, R-Ohio, asking that the House immediately pass the Marketplace Fairness Act (HR-684). MFA would let states tax remote sellers with yearly revenue exceeding $1 million. A Boehner spokesman said Monday that the bill won’t be addressed during the lame duck, but that the House Judiciary Committee would continue to explore the issue, media reported. He said the House and Senate should focus on passing the Internet Tax Freedom Act, which would make permanent the ban on Internet access taxes. "We're pleased to see that Speaker Boehner understands the threat that the misnamed Marketplace Fairness Act poses to small e-retailers in Ohio and across the country,” said Executive Director Phil Bond of the Web Enabled Retailers Helping Expand Retail Employment, a retail association for small businesses, in a statement Monday. “Boehner has drawn a line in the sand saying the American people come first and politicians need to keep their hands off the Internet,” said Americans for Tax Reform President Grover Norquist in a statement Tuesday. “The rapid growth of e-commerce should benefit all sellers,” said MFC. “The status quo, however, affords special treatment to ‘remote sellers’, thereby distorting the marketplace and hindering the ability of many local brick-and-mortar businesses to compete.”
The House Judiciary and House Oversight committees plan a joint hearing Nov. 18 on the alleged abuses within the Patent and Trademark Office’s employee telework program, said a joint news release Monday. The hearing will begin at 1:30 p.m. in Rayburn 2151. “USPTO officials reportedly removed damaging information from an internal report to avoid disclosure of abuses in the telework program, including instances where employees repeatedly lied about work hours and received bonuses for work they did not do,” it said. “It is alleged that employees responsible for wrongdoing reportedly faced little or no consequences for their actions,” it said. “The reports of abuses in the Patent and Trademark Office’s telework program are startling and disturbing,” said Judiciary Chairman Bob Goodlatte, R-Va. “The upcoming hearing will allow our Members to examine what happened and explore ways to ensure that this kind of misuse of government resources does not recur,” he said. “The benefits of eliminating commutes and offering employees flexible hours are obvious, but there are serious concerns that the Federal government is not able to oversee gross abuses by employees looking to game the system,” said Oversight Chairman Darrell Issa, R-Calif.
Sen. Mark Warner, D-Va., officially won his re-election bid. Ed Gillespie, the Republican consultant who opposed him, conceded defeat Friday. Warner had maintained a slight lead since Tuesday and was widely considered victorious, if just barely. "I called Mark Warner to congratulate him," Gillespie said during a news conference. Rep. Mike Honda, D-Calif., declared victory Friday in the California 17th District House race. He has led with 52 percent of the vote against Democratic opponent Ro Khanna, former deputy assistant secretary of Commerce during President Barack Obama's first term. Khanna, a candidate who amassed significant backing from the tech industry, had not yet conceded defeat at our deadline. Both Honda and Khanna had voiced support for strong net neutrality rules and criticized government surveillance.