Congress should maintain the urgency in passing its China package, Sen. Todd Young, R-Ind., tweeted Tuesday, the day after the Senate sent the bill back to the House, one step closer to formal conference (see 2203280063). The Senate voted 68-28 to pass HR-4521, the America Competes Act, as amended. Sen. Bernie Sanders, I-Vt., voted no. The House is expected to reject the substituted legislation and request a conference to reconcile differences, said the office for Senate Commerce Committee Chair Maria Cantwell, D-Wash.
The Commerce Department should add ZTE to its Entity List now that its five-year probation period and U.S. criminal case has ended, said Sen. Marco Rubio, R-Fla., in a Monday letter to Commerce and the Justice Department. Rubio also expressed “disappointment and concern” that a U.S. court ruled this month against further penalties against the Chinese telecommunications company despite “credible evidence” that ZTE violated its probation. Rubio said the judge in the case “appeared unconvinced of any serious commitment to reform” by ZTE officials. “Given that the decision effectively marks the end of ZTE’s five-year probationary period, the net result is that a firm explicitly identified by the Federal Communications Commission as a national-security threat is today rewarded with relaxed oversight, despite its acknowledged noncompliance,” Rubio said in the letter. He said Commerce and DOJ should “take all appropriate measures against ZTE to ensure it cannot pose a threat to Americans,” including adding the company to Commerce’s export control blacklist. Spokespeople for Commerce and DOJ didn’t respond to requests for comment.
FCC Chairwoman Jessica Rosenworcel and the three other commissioners will testify at the House Communications Subcommittee’s planned March 31 FCC oversight hearing, the Commerce Committee said Thursday. The panel had earlier left the witness list unspecified to allow flexibility in case the Senate confirmed FCC nominee Gigi Sohn before the hearing (see 2203080076). Senate Democratic leaders eyed initial votes this week on Sohn and FTC nominee Alvaro Bedoya (see 2203220058), but decided against it because it couldn’t ensure all 50 Democratic senators would be available on the floor, lobbyists told us. Three Democrats remained absent during Thursday votes: Bob Casey of Pennsylvania, Joe Manchin of West Virginia and Jeanne Shaheen of New Hampshire. House Communications’ partly virtual hearing will begin at 10:30 a.m. in 2123 Rayburn.
Bipartisan legislation introduced Tuesday would direct the National Science Foundation to research the role of social media in “contributing to human trafficking crimes.” Introduced by Sens. Catherine Cortez Masto, D-N.M., and Jerry Moran, R-Kan., the Human Trafficking Online Research Act would focus research on social media implications and “preventative measures” platforms are using to “combat crime and spread public awareness.”
Former Nevada Attorney General Adam Laxalt (R), a candidate seeking to unseat Sen. Catherine Cortez Masto, D-Nev., claimed Wednesday the incumbent “does not stand up for law enforcement” because she’s “lined up to vote for” Democratic FCC nominee Gigi Sohn, who got Fraternal Order of Police opposition. FOP opposes Sohn “for her history of anti-police sentiment” because of her role as an Electronic Frontier Foundation member (see 2201040071), Laxalt tweeted. The group is concerned about EFF’s backing of end-to-end encryption and “user-only-access.” Cortez Masto didn’t comment. Senate Democratic leaders plan to hold a vote to discharge Sohn from the Commerce Committee’s jurisdiction as soon as all 50 Democratic senators are available to appear on the chamber floor (see 2203220058). That no longer appears likely to happen this week because three Senate Democrats were absent from floor votes Wednesday -- Bob Casey of Pennsylvania, Joe Manchin of West Virginia and Jeanne Shaheen of New Hampshire -- Senate aides and lobbyists told us.
Bipartisan legislation introduced Tuesday would require police to notify “targets” about subpoenas and court-ordered surveillance of electronic data, similar to rules for wiretaps and bank subpoenas. Introduced by Sen. Ron Wyden, D-Ore.; Sen. Steve Daines, R-Mont.; Rep. Ted Lieu, D-Calif.; and Rep. Warren Davidson, R-Ohio, the Government Surveillance Transparency Act is co-sponsored by Sens. Cory Booker, D-N.J., and Mike Lee, R-Utah. It would apply to “emails, location and web browsing records and other digital information” collected by the government.
Tech and telecom legal issues didn’t factor into Supreme Court nominee Ketanji Brown Jackson’s first day of confirmation hearings Monday, which consisted entirely of opening statements from the nominee, panel members and others. Senate Judiciary member Marsha Blackburn, R-Tenn., previewed plans Sunday to ask Jackson about her views on “constitutionally unsound” high court rulings, including the 1965 Griswold v. Connecticut ruling that’s widely viewed as the legal basis for many U.S. privacy cases. Judiciary members may ask Jackson about her views on Communications Decency Act Section 230 amid continued lawmaker interest in revamping the statute’s liability shield. The issue came up during now-Justice Amy Coney Barrett’s 2020 confirmation hearings (see 2010140064). Other potential matters for discussion could include tech-focused antitrust issues and administrative law, given Jackson’s past rulings on the Administrative Procedure Act and the Chevron doctrine (see 2202250057).
Rep. Tony Cardenas, D-Calif., led filing Thursday of the 988 Implementation Act to solidify federal funding for the National Suicide Prevention Lifeline and provide money for local call centers and related resources. The measure would allocate $240 million to the hotline for fiscal years 2023-2027 and $441 million for the Department of Health and Human Services to award grants to regional and local crisis centers for tech improvements and hiring additional staff. “When people start calling 988 this July, they must be connected to the proper assistance they need, with the urgency and support they deserve,” Cardenas said. “For this to truly be a life-saving alternative to 911, there must be someone to call, someone to come and somewhere to go.” It “will bolster the behavioral health crisis continuum of care nationwide and ensure that the lifesaving 988 Suicide Prevention Hotline is successfully implemented,” said co-sponsor Rep. Brian Fitzpatrick, R-Pa. Cardenas’ office cited support from more than 100 groups, including the American Psychiatric Association and National Association of Counties. A trio of Democratic senators raised concerns last year about CTIA lobbying states on capping 988 fees (see 2107150063).
Sens. Richard Blumenthal, D-Conn., and Brian Schatz, D-Hawaii, hailed the Senate Thursday for passing the Safe Connections Act (S-120) by unanimous consent. S-120 and House companion HR-7132 would let domestic abuse survivors separate a mobile phone line from any shared plan involving their abusers without penalties or other requirements and require the FCC to establish rules that ensure calls and texts to domestic abuse hotlines don’t appear on call logs (see 2101290049). The Senate Commerce Committee advanced the measure in April (see 2104280083) and it was the subject of wireless industry lobbying. Lead S-120 sponsor Schatz and other backers unsuccessfully tried to attach the measure to a Violence Against Women Act renewal included in the FY 2022 appropriations omnibus law President Joe Biden signed last week (see 2203150076). “Giving domestic violence abusers control over their victims’ cell phones is a terrifying reality for many survivors,” Schatz said. “Right now, there is no easy way out for these victims -- they’re trapped in by contracts and hefty fees. Our bill helps survivors get out of these shared plans and tries to find more ways to help victims stay connected with their families and support networks.” The Senate’s “passage of this important measure is a significant breakthrough for survivors of domestic violence,” Blumenthal said in a statement. “Wireless service plans can be a vital lifeline by allowing victims to communicate with family, friends, and critical support services, but shared plans often let abusers control or cut off communication.”
Senate Communications Subcommittee ranking member John Thune, R-S.D., urged “at least some” Democrats Thursday to “join Republicans in opposing” FCC nominee Gigi Sohn, saying in a floor speech “we should all be able to agree that virulent partisanship and an inability to fulfill the responsibilities of one’s job are disqualifying characteristics for a role on the FCC.” The Senate Commerce Committee voted 14-14 on Sohn earlier this month, with Thune and all 13 other panel Republicans in opposition (see 2203030070). Thune cited several issues that led him to believe Sohn “cannot be relied upon to fulfill any of her responsibilities in an impartial manner,” including the nominee’s responses about her role as a board member for Locast operator Sports Fans Coalition in a shift in the settlement of broadcasters’ lawsuit against the shuttered rebroadcaster and her social media comments about conservative media outlets. Thune noted concerns that Sohn may even "go further" than just bringing back the FCC’s 2015 net neutrality rules and reclassification of broadband as a Communications Act Title II service and recent comments from former Sen. Heidi Heitkamp, D-N.D., in opposition to the nominee. “I don’t expect a Democrat nominee to the FCC to agree with Republicans on all the issues,” Thune said. “Far from it. But I do expect a Democrat nominee to be able to do his or her job, and do it an impartial and unbiased manner,” and Sohn’s “record strongly suggests that she cannot be relied upon to fulfill any of her responsibilities in an impartial manner.” Sohn didn't comment.