House of Representatives Commerce Committee

House Commerce Committee Chairman Greg Walden (R-OR) released the full Republican rosters for all six subcommittees in the 115th Congress. The GOP Members of the Subcommittee on Communications and Technology:
Marsha Blackburn (TN), Chairman
Leonard Lance (NJ), Vice Chairman
John Shimkus (IL)
Steve Scalise (LA)
Bob Latta (OH)
Brett Guthrie (KY)
Pete Olson (TX)
Adam Kinzinger (IL)
Gus Bilirakis (FL)
Bill Johnson (OH)
Billy Long (MO)
Bill Flores (TX)
Susan Brooks (IN)
Chris Collins (NY)

House Commerce Committee Chairman Greg Walden (R-OR) issued the following statement after announcing committee leadership for the 115th Congress.
“We’ve got a lot of work to do this Congress when it comes to fixing our broken health care system, advancing solutions that empower consumers and small businesses, and valuing low-cost, transformative energy solutions,” said Chairman Walden. “It will be an all hands on deck effort, and I’m confident that the team we’ve assembled will put forth the hard work needed to get the job done.”

Vice Chairman of the Full Committee: Rep. Joe Barton (R-TX)
Subcommittee on Communications and Technology:Chairman Marsha Blackburn (R-TN); Vice Chairman Leonard Lance (R-NJ)
Subcommittee on Digital Commerce and Consumer Protection: Chairman Bob Latta (R-OH); Vice Chairman Gregg Harper (R-MS)
Subcommittee on Energy:Chairman Fred Upton (R-MI); Vice Chairman Pete Olson (R-TX)
Subcommittee on Environment: Chairman John Shimkus (R-IL); Vice Chairman David McKinley (R-WV)
Subcommittee on Health: Chairman Michael C. Burgess, M.D. (R-TX); Vice Chairman Brett Guthrie (R-KY)
Subcommittee on Oversight and Investigations: Chairman Tim Murphy (R-PA); Vice Chairman Morgan Griffith (R-VA)

Rep Greg Walden (R-OR), incoming Chairman of the House Commerce Committee, continued staff announcements for the 115th Congress. Chairman Walden announced earlier in Dec that Mike Bloomquist, Karen Christian, Peter Kielty, and Paul Edattel will continue to serve the committee.
Today’s staff announcements include:

Jen Barblan, Chief Counsel, Subcommittee on Oversight and Investigations: Barblan will serve as Chief Counsel for the Subcommittee on Oversight & Investigations. She has served as a counsel to the subcommittee since October 2015. Barblan previously spent time as a Senior Counsel at the Committee on Oversight & Government Reform and in private practice.

Paul Edattel, Chief Counsel, Subcommittee on Health: As previously announced, Edattel will continue to serve as Chief Counsel to the Subcommittee on Health. Edattel started with the committee in 2011 and has served as Chief Health Counsel since 2016, after serving Speaker John Boehner as his Health Policy Advisor. Edattel also served as a Legislative Director in the House of Representatives before joining the committee.

David Redl, Chief Counsel, Subcommittee on Communications and Technology: Redl will continue serving as Chief Counsel for the Subcommittee on Communications and Technology. He has served in that role since 2013, previously serving the committee as Counsel from 2011 to 2013. Prior to joining the committee, Redl held several positions in the private sector.

Members of the bipartisan House encryption working group – established in March 2016 by House Judiciary Committee Chairman Bob Goodlatte (R-VA), Ranking Member John Conyers (D-MI), House Commerce Committee Chairman Fred Upton (R-MI), and Ranking Member Frank Pallone, Jr. (D-NJ) –released a year-end report laying out key observations and next steps.

Key observations of the report.
Any measure that weakens encryption works against the national interest.
Encryption technology is a global technology that is widely and increasingly available around the world.
The variety of stakeholders, technologies, and other factors create different and divergent challenges with respect to encryption and the “going dark” phenomenon, and therefore there is no one-size-fits-all solution to the encryption challenge.
Congress should foster cooperation between the law enforcement community and technology companies.

The report concludes: “Encryption is inexorably tied to our national interests. It is a safeguard for our personal secrets and economic prosperity. It helps to prevent crime and protect national security. The widespread use of encryption technologies also complicates the missions of the law enforcement and intelligence communities. As described in this report, those complications cannot be ignored. This is the reality of modern society. We must strive to find common ground in our collective responsibility: to prevent crime, protect national security, and provide the best possible conditions for peace and prosperity. That is why this can no longer be an isolated or binary debate. There is no ‘us versus them,’ or ‘pro-encryption versus law enforcement.’ This conversation implicates everyone and everything that depends on connected technologies—including our law enforcement and intelligence communities. This is a complex challenge that will take time, patience, and cooperation to resolve. The potential consequences of inaction—or overreaction—are too important to allow historical or ideological perspectives to stand in the way of progress.”

House Commerce Committee Chairman-elect Greg Walden (R-OR) announced that Mike Bloomquist, Karen Christian, Peter Kielty, and Paul Edattel will continue to serve the committee. All are longtime veterans of Capitol Hill.

Bloomquist will serve as Deputy Staff Director for the Committee. He has served in this position since August 2015. In addition, he previously served as the Committee General Counsel, Deputy General Counsel, as well as General Counsel to the 2011 Joint Select Committee on Deficit Reduction. Further, Mike has spent time in private practice, at the Committee on Science, and in the Office of the US Department of the Interior. Christian will continue as Committee General Counsel, a position she has held since October 2014. Previously, she served as Chief Counsel for the Oversight and Investigations Subcommittee from 2012-2014, and was a member of the O&I staff since 2006. Karen spearheaded the Committee’s oversight of the Healthcare.gov failure and the federal loan guarantee to Solyndra. Her previous experience includes serving as counsel to the Committee on House Administration, a clerkship with a US District judge and time spent in private practice. Kielty will serve as Deputy General Counsel of the Committee. Kielty is a 15-year veteran of the Committee, and has served as Deputy General Counsel since 2012. Peter has advised on the parliamentary and jurisdictional matters before the Committee. Edattel will continue to serve as Chief Counsel to the Subcommittee on Health. Paul started with the Committee in 2011 and has served as Chief Health Counsel since 2016, after serving Speaker John Boehner as his health policy advisor. Paul also served as a Legislative Director in the House of Representatives before joining the Committee.

House Communications Subcommittee Chairman Greg Walden (R-OR) and committee member Rep John Yarmuth (D-KY) introduced a bipartisan bill to repeal the newspaper broadcast cross-ownership ban. Enacted in 1975, the cross-ownership rule prohibits ownership of both a broadcast station (AM, FM, TV) and a daily newspaper in the same market. Despite the fact that the Federal Communications Commission, in 2003, found the ban to no longer be in the public interest, the rule remains largely unchanged and hinders potential investment in struggling newspapers across the country. The bipartisan bill would eliminate the 1970s era cross-ownership ban to reflect today’s competitive media marketplace, providing greater flexibility to newspapers and broadcasters.

“Broadcasters and newspapers face intense competition from cable and the Internet. Eliminating this relic of the disco era will provide much needed flexibility to the many newspapers and broadcasters throughout the country that provide important local news coverage and encourage greater investment in original journalism. We want what’s best for consumers and this bill provides a thoughtful solution that puts the public’s interest first.” Chairman Walden said.

The House Communications Subcommittee, Chaired by Rep Greg Walden (R-OR) and the Trade Subcommittee held a hearing examining the recent series of Internet of Things (IoT) connected device-based distributed denial of service (DDoS) attacks.

In Oct, hackers leveraged a DDoS attack against global Internet routing company Dyn that resulted in thousands of consumers being unable to connect with Netflix, Twitter, CNN, and other well-known websites. It’s estimated that 50 billion devices will be connected to the Internet by 2020 and as this number grows, so too do the risks. Members continued the committee’s long track record of examining emerging cybersecurity threats and their impact on consumers and the economy while looking at what can be done to mitigate future attacks and risks.

“The knee-jerk reaction might be to regulate the Internet of Things, and while I am not taking that off the table, the question is whether we need a more holistic solution,” said Chairman Walden. “The United States can’t regulate the world," he warned.

House Commerce Committee Chairman Fred Upton (R-MI) and Communications and Technology Subcommittee Chairman Greg Walden (R-OR) sent a letter to Federal Communications Commission Chairman Tom Wheeler regarding possible FCC decisions during the presidential transition.

The most important challenge for the Commission over the next ten weeks is to ensure a successful broadcast incentive auction. The successful completion of the auction will provide needed spectrum to meet Americans wireless broadband needs and ensure that Americans continue to enjoy the local news and national programming broadcasters provide. As Rep. Henry Waxman and Senator Jay Rockefeller noted during the 2008 Presidential transition, it would be counterproductive for the FCC to consider complex and controversial items that the new Congress and new Administration will have an interest in reviewing. We strongly urge you to concentrate the Commission's attention and resources only on matters that require action under the law and efforts to foster the success of the broadcast incentive auction.

FCC Commissioner Ajit Pai welcomed the letter.

“During the last presidential transition,” said FCC Commissioner Michael O’Rielly, “the Commission Chairman wisely heeded the will of Congress in setting aside any remaining controversial agenda items for the next Congress and Administration to consider. I thank the current leadership of both Senate and House Commerce Committees for calling this precedent to everyone’s attention today, and expect that Chairman Wheeler will honor their request.”

House Commerce Committee Chairman Fred Upton (R-MI) and Communications and Technology Subcommittee Chairman Greg Walden (R-OR) sent a letter to Federal Communications Commission Inspector General David Hunt expressing concerns with the apparent erosion of the Inspector General’s independence by FCC action.

“The Committee on Energy and Commerce seeks information on the internal processes and procedures that govern the relationship between the Office of the Chairman and the Office of the Inspector General,” write Chairmen Upton and Walden. “There is growing concern that because the FCC Inspector General is appointed by, reports to, and is under the general supervision of the Chairman of the Commission that the IG is not free to provide the honest and independent criticism that is critical to the performance of the IG’s oversight.” “In order to address our committee’s concerns regarding the independence of the FCC’s Office of Inspector General and the impact on accountability in the FCC’s decision-making and management, we request… information necessary to understand the practical and working relationship between the Office of the Chairman and the Inspector General.”

The Chairmen ask for answers to the following by October 31:

1. What mechanisms are in place to ensure the Office of Inspector General is independent from the Office of the Chairman?
2. How is the IG’s annual budget derived?
3. What is the role of the FCC’s Office of Human Resources in the personnel decisions of the IG’s office?
4. What is the role of the Chairman’s office in drafting and releasing IG reports and audits?
5. What role do FCC bureaus and offices play in drafting and releasing IG reports and audits?
6. Can the IG post information of the FCC website?

The House of Representatives unanimously amended and approved the Communications Act Update Act of 2016 (S. 253). The bill contains eight Commerce Committee bills that have previously passed the House or have unanimously passed the committee. S. 253 now heads back to the Senate for final consideration. The bills included in the package are as follows (in order by Title of the amendment to S. 253):

1) The Federal Communications Commission Process Reform Act (H.R. 2583), sponsored by House Communications and Technology Subcommittee Chairman Greg Walden (R-OR). Previously passed the House November 16, 2015, by voice vote. The bill aims to increase transparency, efficiency, and accountability at the FCC.
2) The Federal Communications Commission Consolidated Reporting Act (H.R. 734), sponsored by House Majority Whip and committee member Rep. Steve Scalise (R-LA). Previously passed the House February 24, 2015, by a vote of 411 to 0. The legislation aims to reduce the reporting workload and increase efficiency at the FCC. The legislation would consolidate a number of existing reports required by law into a single, comprehensive report on the state of the communications marketplace.
3) The Small Business Broadband Deployment Act (H.R. 4596), sponsored by Chairman Walden. Previously passed the House March 16, 2016, by a vote of 411 to 0. The bill would support small Internet Service Providers (ISPs) by protecting them from the onerous reporting requirements included in the FCC’s Open Internet Order. The bill would extend the small business ISP exemption for providers with fewer than 250,000 subscribers for five years.
4) Kari’s Law Act of 2015 (H.R. 4167), sponsored by Rep. Louie Gohmert (R-TX). Previously passed the House May 23, 2016, by voice vote. The would require that any multi-line telephone system connects directly to 911 when dialed, even in instances where the phone requires the user to dial “9” to get an outside line.
5) Securing Access to Networks in Disasters Act (H.R. 3998), sponsored by Commerce Committee Ranking Member Frank Pallone, Jr. (D-NJ). Previously passed the House May 23, 2016, by a vote of 389 to 2. The bill would create requirements for mobile service providers during emergencies to ensure that consumers have access to networks during disasters, and requires the FCC and GAO to examine the resiliency of networks during these events. In addition, it amends the Stafford Act to ensure all categories of communications service providers may access disaster sites to restore service.
6) Anti-Spoofing Act of 2016 (H.R. 2669), introduced by Rep. Grace Meng (D-NY) and co-authored by committee members Rep. Leonard Lance (R-NJ) and Rep. Joe Barton (R-TX). Previously passed by the Commerce Committee September 21, 2016, by voice vote. The bill aims to strengthen the Truth In Caller ID Act and protect consumers from fraudulent actors and deceptive text messages by going after lawbreakers who seek to harass and defraud consumers. Passed unanimously by voice vote.
7) Amateur Radio Parity Act (H.R. 1301), sponsored by Rep. Adam Kinzinger (R-IL). Previously passed the House September 12, 2016, by voice vote. The bill would instruct the FCC to adopt rules that protect the rights of amateur radio operators to use radio equipment in deed-restricted communities.
8) Improving Rural Call Quality and Reliability (H.R. 2566), sponsored by Rep. David Young (R-IA). Previously passed by the Commerce Committee September 21, 2016, by voice vote. The bill would require intermediate providers to register with the Federal Communications Commission and comply with the service quality standards set by the agency in order to improve call quality from long distance or wireless calls in rural areas throughout the country. Passed unanimously by voice vote.