US Senate Commerce Committee

Senate Commerce Committee Chairman John Thune (R-SD) discussed the committee’s tech agenda for the 115th Congress during a speech at the State of the Net internet policy conference.

Chairman Thune said, "First, we need to modernize our communications laws to facilitate the growth of the Internet itself. And second, we need to update government policies to better reflect the innovations made possible by the Internet and other digital technologies. As chairman of the Senate committee most focused on helping businesses find opportunities for growing worker rolls and paychecks, the vast majority of our top agenda items fit into one of those two buckets....My goals for the current Congress include: enacting MOBILE NOW; moving additional legislation on broadband deployment and spectrum policy; including broadband in any larger infrastructure package; finding a long-term, legislative solution to protecting the open Internet; and working with my colleagues in the Senate and the House on overdue updates to modernize the FCC and our communications laws."

The Senate Commerce Committee will hold an executive session on Tuesday, January 24th at 10:00 am to formally adopt the rules and budget resolution for the 115th Congress and consider legislative measures including the following telecommunications-related bills.
S. 19, MOBILE Now Act, Sponsors: Sens. John Thune (R-SD), Bill Nelson (D-FL)
S. 81, Senior Fraud Prevention Act of 2017, Sponsors: Sens. Amy Klobuchar (D-MN), Susan Collins (R-Maine)
S. 88, Developing Innovation and Growing the Internet of Things (DIGIT) Act, Sponsors: Sens. Deb Fischer (R-NE), Cory Booker (D-NJ), Brian Schatz (D-Hawaii)
S. 96, Improving Rural Call Quality and Reliability Act, Sponsors: Sens. Amy Klobuchar (D-MN), John Thune (R-SD), Jon Tester (D-MT)
S. 102, Securing Access to Networks in Disasters (SANDY) Act, Sponsors: Sens. Maria Cantwell (D-WA), Cory Booker (D-NJ), Marco Rubio (R-FL), Bill Nelson (D-FL)
S. 123, Kari’s Law Act, Sponsors: Sens. Amy Klobuchar (D-MN), Deb Fischer (R-NE), Brian Schatz (D-Hawaii), John Cornyn (R-TX), John Thune (R-SD), Ted Cruz (R-TX)
S. 134, Spoofing Prevention Act, Sponsors: Sens. Bill Nelson (D-FL), Deb Fischer (R-NE), Amy Klobuchar (D-MN), Roy Blunt (R-MO)
S.174, Federal Communications Commission Consolidated Reporting Act, Sponsors: Sens. Dean Heller (R-NV), Brian Schatz (D-Hawaii)

Sen John Thune (R-SD), chairman of the Senate Commerce Committee, announced that the Commerce Committee will continue to have six subcommittees in the 115th Congress, and the following senators will serve as subcommittee chairmen:

Subcommittee on Communications, Technology, Innovation, and the Internet:
Sen Roger Wicker (R-MS), chairman
Sen Mike Lee (R-UT)
Sen Ron Johnson (R-WI)
Sen Shelley Moore Capito (R-WV)
Sen Cory Gardner (R-CO)
Sen Todd Young (R-IN)
Sen Roy Blunt (R-MT)
Sen Ted Cruz (R-TX)
Sen Deb Fischer (R-NE)
Sen Jerry Moran (R-KS)
Sen Dan Sullivan (R-AK)
Sen Dean Heller (R-NV)
Sen Jim Inhofe (R-OK)

The Senate Committee on Commerce, Science, and Transportation released its final report on committee accomplishments after the president signed the American Innovation and Competitiveness Act, the committee’s 60th proposal enacted into law from the 114th Congress. The report details Commerce Committee proposals enacted into law and provides a sneak preview of the committee’s agenda for the new Congress. As a first-time feature, the report includes testimony from Americans who have been impacted by our legislative accomplishments.

“In the 114th Congress, Senators serving on the Commerce Committee advanced major reforms including legislation to improve transportation safety, reform airport security, set new priorities for federal science research, protect consumer rights, and pass into law the first-ever reform of the federal board that provides economic oversight of our nation’s railroads,” said Commerce Committee Chairman John Thune (R-SD). “This report highlights our major bipartisan accomplishments and how our reforms impact the lives of Americans across the country.”

During the 114th Congress, Commerce Committee bills led to 60 proposals being enacted into law and the committee approved 77 bills and held 80 committee hearings. The report’s 2017 preview highlights upcoming work on nominees for the new administration, boosting development of 5G wireless technology, enhancing transportation security, and the committee’s continuing endeavors to support American innovation and entrepreneurialism.

The US.Senate officially ratified Sen. John Thune (R-SD) as chairman of the Senate Commerce Committee for the 115th Congress. Sen Thune issued the following statement on the selection: “It is a great honor to be selected to serve for a second term as chairman of the Commerce Committee. I look forward to working with Ranking Member Bill Nelson and my colleagues on both sides of the aisle on issues at the forefront of innovation and competitiveness, consumer protection, science, transportation, and economic growth in my role as chairman.”

House Commerce Committee Chairman Fred Upton (R-MI) and Senate Commerce Committee Chairman John Thune (R-SD) sent a letter to Federal Trade Commission (FTC) Chairman Edith Ramirez requesting a pause on any controversial new regulations.

“We are writing to express our thoughts about the pending [Federal Trade Commission (FTC)] agenda in light of the recent election and upcoming transition. While the leadership of the [FTC] will soon change, congressional oversight of the Commission will continue. Therefore, any action taken by [FTC] before a new chairman is designated will receive particular scrutiny. While we expect and encourage the [FTC] to continue its routine merger reviews and consumer protection enforcement in support of competition and on behalf of American consumers, we strongly encourage the [FTC] to avoid directing its attention and resources in the coming months on complex, partisan, or otherwise controversial items that the new Congress and new Administration will have an interest in reviewing.”

The findings by the inspector general reveal significant dysfunction and a lack of transparency at the [Federal Communications Commission]. Under the agency’s current interpretation, the FCC chairman is free to leak cherry-picked details about proceedings and deliberations while other commissioners are gagged and even kept in the dark about decisions by the chairman to approve such leaks. Worse yet, the FCC is not keeping a record of decisions by the chairman to disclose non-public information. This report is yet another indication of increased partisanship and dysfunction at the FCC that underscores the need for Congress to reform how the agency does business.

In his opening statement for the Federal Communications Commission oversight hearing, Senate Commerce Committee Chairman John Thune (R-SD) accused FCC Chairman Tom Wheeler of using information as a partisan weapon. He cited 25 3-2 votes under Chairman Wheeler, saying that was far more than the total over the previous 20 years (14). Chairman Wheeler pointed out that 90% of the votes were unanimous and also said that there were at least a couple of votes where the 3-2 was not party line, citing the effective competition vote, for one, where he teamed with the two Republicans. But Chairman Thune said he was talking about public meeting votes, which the effective competition was not. "Why does the current FCC continually advance divisive policies at the expense of certainty for consumers and innovators that only bipartisan solutions can offer," Chairman Thune asked rhetorically. In his opening statement, Ranking Member Bill Nelson (D-FL) suggested that the commission reflected the "highly charged partisan times" in Washington. He said administrative agencies "often reflect the times in which they are holding their hearings and votes."

Several members of the Senate Commerce Committee, from both parties, expressed skepticism about Chairman Wheeler’s set-top plan, especially in light of the cable industry’s insistence that the proposal violates federal law. Chairman Wheeler even faces skepticism from inside the FCC, particularly from his fellow Democratic Commissioner, Jessica Rosenworcel, whose vote Chairman Wheeler needs in order to approve the plan at the agency’s open meeting on Sept 29. "We’re taking a hard look at what the chairman has put before us, and there’s a lot in there that seems to work,” Commissioner Rosenworcel said. “I’m going to be very candid with you that I have some problems with licensing and the FCC getting a little bit too involved with the licensing scheme here. Because when I look at the Communications Act and Section 629, I just don’t think we have the authority.”

Additionally at the hearing, Ranking Member Nelson (Fla.) and Sens Richard Blumenthal (D-CT) and Ed Markey (D-MA) made a point of calling on the Republican majority to hold a Senate confirmation vote on the renomination of Commissioner Rosenworcel. Sen Markey called for a vote as soon as possible.

Senate Committee on the Judiciary Chairman Chuck Grassley (R-IA), House Commerce Committee Chairman Fred Upton (R-MI), and House Judiciary Committee Chairman Bob Goodlatte (R-VA), in a letter to US Attorney General Loretta Lynch and Secretary of Commerce Penny Pritzker, raised numerous concerns about plans for the Obama Administration to cede authority over the Internet Assigned Numbers Authority (IANA) functions managed by the Internet Corporation for Assigned Names and Numbers (ICANN) and called for reconsideration of the transition, currently set to occur on October 1, 2016.

“The transition of the IANA functions to the global multi-stakeholder community is a serious, groundbreaking, and potentially unalterable action,” said the four chairmen in the letter to Lynch and Pritzker. “We have closely examined the arguments for and against the proposed transition, including concerns about whether the transition could enhance the role of authoritarian regimes in Internet governance. In particular, we have heard from witnesses testifying to concerns that important accountability measures have yet to be fully fleshed out, tested, or proven, because they will not have been implemented prior to September 30, 2016.” In addition to concerns about the status of accountability reforms inside ICANN, the four chairmen also cited recent violations of ICANN’s own bylaws by board members, questions about the application of anti-trust laws, the potential for an independent ICANN to move outside the jurisdiction of the United States, and unfinished work by the non-partisan Government Accountability Office (GAO) in determining the legal authority for the federal government to relinquish its current role in IANA functions without express authorization from Congress.

The Senate Committee on Commerce, Science, and Transportation will consider and report legislation during the Senate’s September work period, including the reauthorization of expiring provisions of the Satellite Television Extension and Localism Act of 2010. We look forward to continuing the productive bipartisan work of the committee and collaborating with our fellow members.