Iowans back revised JOBS Act, split over FCC bill

Democrats Bruce Braley (IA-01), Dave Loebsack (IA-02), and Leonard Boswell (IA-03) joined Republicans Tom Latham (IA-04) and Steve King (IA-05) in voting yesterday for the Senate version of a bill designed to help small business start-ups. The five representatives all supported the original version of the bill earlier this month. Republican Chuck Grassley also voted for the bill when it came before the Senate last week, but Democrat Tom Harkin opposed it over concerns it would further deregulate Wall Street and undermine investor protections. After yesterday’s vote, Braley hailed the bipartisan action to “reduce small business restrictions,” while Loebsack highlighted provisions he advocated to promote small businesses owned by womens, veterans, and minorities. I enclose those statements at the end of this post.

Also on March 27, the U.S. House approved a bill designed to weaken the Federal Communications Commission’s ability to regulate. Iowans split on party lines. Follow me after the jump for details on that bill and various amendments debated on the House floor yesterday.

H.R. 3309, the Federal Communications Commission Process Reform Act, is the latest in a series of Republican bills aimed at reducing the federal government’s power to regulate private businesses. Pete Kasperowicz reported for The Hill that the bill “would require the Federal Communications Commission (FCC) to do more study and require more public input before releasing regulations, and weaken the FCC’s ability to dictate the terms of mergers between communications mergers.”

“This bill would not reform the FCC, it would disable it,” House Energy & Commerce Committee Ranking Member Henry Waxman (D-Calif.) said. “The bill erects procedural hurdles that make it more difficult for the FCC to protect consumers. It strips the FCC of its power to ensure that mergers between telecommunication companies are in the public interest.

“If this bill is enacted, it would stymie the ability of the agency to do much of anything, except produce reports for Congress.”

But Republicans said the agency can stand to have some of the transparency requirements that the Obama administration has already applied to other agencies. […]

While GOP remarks focused on improving the transparency, Republicans also pushed the bill in part to address their complaints about FCC pressure on merging companies. Some lawmakers criticized the FCC for pressuring Comcast to make commitments, such as offering channels aimed at racial minorities, to receive approval for its purchase of NBC Universal last year. The requirements fell under the FCC’s authority to promote the public interest.

The White House opposes the bill.

“H.R. 3309 would, in effect, create a separate Administrative Procedure Act (APA) for the FCC,” the White House said in a statement. “For more than 60 years, the APA has provided a uniform framework to guide decisionmaking by all federal administrative agencies.”

The administration also panned the provision that would bar the FCC from imposing merger conditions that do not address specific harms related to the deal. […]

“These restrictions would harm the federal government’s ability to promote the most effective competitive outcome in any given transaction involving communications firms,” the White House said. “H.R. 3309 would limit the ability of the FCC and the Justice Department to work together on telecommunications matters to protect consumers, promote competition and increase innovation to ensure access to more choices, lower rates and prices and better products.”

Every House Republican present, including Latham and King, voted for the FCC reform bill as it passed by 247 votes to 174 (roll call). Braley, Loebsack, and Boswell voted no, as did all but 12 House Democrats.

Before the final vote on passage, the House accepted some uncontroversial amendments but rejected most of the Democratic-proposed revisions to the FCC bill. Pete Kasperowicz summarized the amendments that House members voted down:

Joseph Crowley (D-NY), to require the FCC to create a rule requiring baby monitor labels to note that sound or images captured by the monitor can easily be viewed or heard by potential intruders outside a consumer’s home. Rejected 196-219.

Rep. Anna Eshoo (D-Calif.), to require entities sponsoring political programming to disclose the identity of any donor that has contributed $10,000 or more, and hold that broadcast licensees are not responsible for inaccuracies in these disclosures. Rejected 179-238.

Bill Owens (D-NY), to hold that nothing in the bill impedes the FCC from implementing rules to ensure broadband access in rural areas. Rejected 194-222.

Jackie Speier (D-Calif.), to prevent the act from taking effect until the FCC provides a report on the impact of the act on competition and innovation. Rejected voice vote.

Latham joined most House Democrats, including the three from Iowa, in supporting Crowley’s amendment. King stood with the GOP majority that voted against it. Iowa’s representatives split on party lines over the Eshoo and Owens amendments.

King and Latham also voted against the motion to recommit the bill with instructions, the last-ditch Democratic attempt to derail the FCC legislation. Braley, Loebsack, and Boswell all supported the motion to recommit. While such votes rarely receive any attention from the news media, the Democratic Congressional Campaign Committee indicated that it sees this vote as potentially damaging for House Republicans. The motion to recommit included language protecting the privacy of employees’ Facebook profiles.

The DCCC sent out press releases yesterday blasting many GOP incumbents who opposed the motion to recommit. I enclose the statement on King. The version targeting Latham contained identical language other than the incumbent’s name and district number. Note that King currently represents IA-05. This release connects him with IA-04, the new district where he is seeking re-election.

Representative Steve King Favors Bosses’ Access To Employees’ Facebook

Representative Steve King (IA-04) just voted to undermine online privacy by voting against stopping employers from demanding job applicants’ passwords to social networking sites like Facebook. The motion King opposed would have ensured the Federal Communications Commission can “protect online privacy including requirements that prohibit licensees or regulated entities from mandating that job applicants or employees disclose confidential passwords to social networking sites.”

“It’s beyond outrageous that Representative Steve King would help big corporations violate the online privacy of job seekers and employees,” Jesse Ferguson of the Democratic Congressional Campaign Committee. “Iowa job seekers are under enough pressure in a tough economy without Representative King forcing them to let their potential employers snoop in their personal lives. No one looking for a job should be force to give unnecessary access to all their private information, the names of their friends, and their likes and dislikes to their potential employer.”

Facebook itself said they oppose employers making these outrageous demands.

Background

King Voted Against an Effort to Protect Online Privacy. House Republicans including Representative Steve King voted to undermine online privacy by voting against stopping employers from demanding job applicants’ passwords to social networking sites like Facebook. (HR 3309, Vote #137, 3/27/12; see also: The Gavel, 3/27/12; Boston Globe, 3/20/12)

Facebook Opposes These Actions, Threatened Legal Action. “In recent months, we’ve seen a distressing increase in reports of employers or others seeking to gain inappropriate access to people’s Facebook profiles or private information. This practice undermines the privacy expectations and the security of both the user and the user’s friends. It also potentially exposes the employer who seeks this access to unanticipated legal liability. The most alarming of these practices is the reported incidents of employers asking prospective or actual employees to reveal their passwords […] We’ll take action to protect the privacy and security of our users, whether by engaging policymakers or, where appropriate, by initiating legal action, including by shutting down applications that abuse their privileges.” (Facebook, 3/23/12)

Statement from Representative Bruce Braley, March 27 (emphasis in original):

Braley Votes to Send Bipartisan “JOBS Act” to President’s Desk

Bill will help small businesses grow and expand

Washington, DC – Rep. Bruce Braley (IA-01) released the following statement today after voting to send a bill that will help small businesses expand and create jobs to the President’s desk:

“Iowans can’t afford any more gridlock or inaction from Congress on job creation.  Americans want to see politicians in Washington working together to get results.  They don’t care about partisan labels.

“That’s why I’ve voted twice to pass the JOBS Act.  It will reduce small business restrictions so they can get the capital they need to grow and expand.  I urge the President to sign this bill into law immediately.”

The Jumpstart Our Business Startups (JOBS) Act would make it easier for small businesses to raise capital to grow and expand their businesses by making changes to federal business regulations.  For more information on the bill, visit: http://go.usa.gov/PB5

Statement from Representative Dave Loebsack, March 27:

Loebsack Amendment to Support Women, Veteran, Minority Owned Businesses Heads to the President

Amendment was included in bipartisan JOBS Act

Washington, D.C. – Congressman Dave Loebsack today praised the final passage of legislation that will create jobs by promoting growth and increasing access to capital for small businesses.  The bipartisan JOBS Act, which included an amendment introduced by Loebsack to strengthen small businesses owned by women, veterans, and minorities, will now head to the President’s desk, and he has indicated he will sign it.

“I am pleased that both sides of the aisle could work together to send this legislation to the President.  Though a lot more work needs to be done, this is an important step to grow the economy,” said Loebsack.  “My amendment to support women, veteran and minority owned businesses will ensure they are able to access these new tools and help them grow.”

Loebsack’s amendment ensures information about opportunities created by the JOBS Act legislation are made widely available and that women-owned, veteran-owned and minority-owned businesses are informed of changes that will help grow their businesses. Specifically, it requires the Securities and Exchange Commission to provide information online and also conduct outreach to these businesses to help them utilize the changes made through this legislation.

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