Anna Eshoo on Technology Democratic Representative (CA-14)

Promotes research & bills to better youth & maternal health

A: Congress provided over $5.5 billion to medical research to fight COVID-19, including $3.5 billion to the Biomedical Advanced Research and Development Authority (BARDA), a priority of mine since I wrote the original legislation to create BARDA and its private-public partnerships that enable research to go beyond the lab bench into the lives of patients.

Voted NO on protecting cyber security by sharing data with government.

• CISPA conducts federal cybersecurity activities to provide shared situational awareness enabling integrated operational actions to protect, prevent, and recover from cyber incidents.

Proponent's Argument for voting Yes:

• Rep. SINEMA: We need a 21st century solution for this 21st century problem. This bill ensures that research and development, intellectual property, and software code is no longer being stolen by China, Iran, and Russia.
• Rep. MAFFEI: We've already seen state actors like the People's Republic of China pursue widespread data theft from American computer networks. This is a clear and present danger.

• Rep. McNERNEY: I'm concerned with the civil protections not required in H.R. 624. Businesses should be required to remove personally identifiable information before submitting data to Federal agencies.
• CNet.com: Rep. Ron Paul warned that CISPA represents the "latest assault on Internet freedom"; that "CISPA is Big Brother writ large." CISPA would permit, but not require, Internet companies to hand over confidential customer records to federal agencies. What sparked the privacy worries--including opposition from the ACLU and the Republican Liberty Caucus--is the section of CISPA that says "notwithstanding any other provision of law." By including the word "notwithstanding," CISPA's drafters intended to make their legislation trump all existing laws. It would render irrelevant wiretap laws, Web companies' privacy policies, and more.
• Rep. LOFGREN: CISPA could allow any private company to share vast amounts of sensitive, private data about its customers with the government. CISPA would override all other privacy laws, and allow a private company to share nearly anything--from the contents of private emails to medical records--as long as it "directly pertains to" a broadly defined "cyber threat."

Voted NO on terminating funding for National Public Radio.

Congressional Summary: To prohibit Federal funding of National Public Radio and the use of Federal funds to acquire radio content, including:
1. broadcasting, transmitting, and programming over noncommercial educational radio broadcast Corporation for Public Broadcasting was created in 1967. Today, we have multiple listening choices; NPR [has become an] absurd anachronism. It is time to move forward and to let National Public Radio spread its wings and support itself.

   Opponent's Argument for voting No:
   [Rep. Waxman, D-CA]: This bill will cripple National Public Radio, public radio stations, and programming that is vital to over 27 million Americans. We are now voting to deny the public access to one of our Nation's most credible sources of news coverage. This bill does not save a penny. This legislation does not serve any fiscal purpose, but it does serve an ugly ideological one. This legislation is not about reforming NPR. It is about punishing NPR. It is vindictive, it is mean-spirited, it is going to hit the smallest stations in rural areas particularly hard. Public radio is indispensable for access to news that's hard to get, especially where broadband service is limited.

   Reference: Prohibit Federal Funds for NPR; Bill H.1076 ; vote number 11-HV192 on Mar 17, 2011

   Voted YES on delaying digital TV conversion by four months.

   Congressional Summary:Amends the Digital Television Transition and Public Safety Act to delay the transition of television broadcasting from analog to digital to June 13, 2009. Requires the Federal Communications Commission (FCC) to extend for a 116-day period the licenses for recovered spectrum, including the construction requirements associated with those licenses.

   Proponent's argument to vote Yes:Rep. RICK BOUCHER (D, VA-9): Fully 6.5 million households are totally unprepared for the transition on February 17; these 6.5 million households will lose all of their television service, and that number represents about 5.7% of the total American television viewing public. If almost 6%of the nation's households lose all of their television service, I think that most people would declare that the digital television transition has been a failure. In recognition of that reality, this legislation would delay the transition until June 12.

   Opponent's argument to vote No:Rep. JOE LINUS BARTON (R, TX-6): The majority is trying to fix a problem that I do not think really exists. We have sent out 33 million coupons: 22 million of those coupons have been redeemed, and 11 million coupons are outstanding. The outstanding coupons are being redeemed, I think, by about 500,000 a week, something like that. In my opinion, you could keep the hard date and not have a problem, but if you think there is a problem, it is not from lack of money. We have appropriated $1.3 billion. About half of that is still in the Treasury, so the redemption rate is only about 52%. Even though we are delaying this until June 12 if this bill becomes law, according to the acting chairman of the FCC, 61% of the television stations in America are going to go ahead and convert to digital. 143 television stations already have converted, and in those areas where they have converted, I am not aware that there has been a huge problem.

   Reference: DTV Delay Act; Bill S.352 ; vote number 2009-H052 on Mar 4, 2009

   Voted NO on retroactive immunity for telecoms' warrantless surveillance.

   Proponents argument for voting YEA: Rep. ETHERIDGE. This bipartisan bill provides the critical tools that our intelligence community needs to ensure the safety of our Nation--to authorize surveillance in the case of an emergency situation, provided that they return to the FISA court within 7 days to apply for a warrant.

   Rep. LANGEVIN. One issue that has been repeatedly addressed is whether telecommunications companies should be granted immunity against pending lawsuits for their involvement in the earlier surveillance program. This legislation preserves a role for the U.S. court system to decide independently whether the telecommunications companies acted in good faith. Only after that review would the courts decide whether the telecommunications companies deserve any form of liability protection.

   Opponents argument for voting NAY: Rep. LEVIN. I oppose this bill because of the provisions that would confer retroactive immunity on the telecommunications companies that participated in the Bush administration's warrantless surveillance program. It sets a dangerous precedent for Congress to approve a law that dismisses ongoing court cases simply on the basis that the companies can show that the administration told them that its warrantless surveillance program was legal. A program is not legal just because the administration claims that it is.

   Rep. NADLER. The House must decide today whether to uphold the rule of law & the supremacy of the Constitution or whether to protect & reward the lawless behavior of the administration and of the telecommunications companies that participated in its clearly illegal program of spying on innocent Americans. The bill is a fig-leaf, granting blanket immunity to the telecom companies for illegal acts. It denies people whose rights were violated their fair day in court, and it denies the American people their right to have the actions of the administration subjected to fair & independent scrutiny.

   Reference: FISA Amendments Act; Bill HR6304 ; vote number 2008-437 on Jun 20, 2008

   Voted YES on $23B instead of $4.9B for waterway infrastructure.

   Vote on overriding Pres. Bush's veto. The bill reauthorizes the Water Resources Development Act (WRDA): to provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States. The bill authorizes flood control, navigation, and environmental projects and studies by the Army Corps of Engineers. Also authorizes projects for navigation, ecosystem or environmental restoration, and hurricane, flood, or storm damage reduction in 23 states including Louisiana.

   Veto message from President Bush:

   This bill lacks fiscal discipline. I fully support funding for water resources projects that will yield high economic and environmental returns. Each year my budget has proposed reasonable and responsible funding, including $4.9 billion for 2008, to support the Army Corps of Engineers' main missions. However, this authorization bill costs over $23 billion. This is not fiscally responsible, particularly when local communities have been waiting for funding for projects already in the pipeline. The bill's excessive authorization for over 900 projects and programs exacerbates the massive backlog of ongoing Corps construction projects, which will require an additional $38 billion in future appropriations to complete. This bill does not set priorities. I urge the Congress to send me a fiscally responsible bill that sets priorities.

   Reference: Veto override on Water Resources Development Act; Bill Veto override on H.R. 1495 ; vote number 2007-1040 on Nov 6, 2007

   Voted YES on establishing "network neutrality" (non-tiered Internet).

   An amendment, sponsored by Rep Markey (D, MA) which establishes "network neutrality" by requiring that broadband network service providers have the following duties:
   1. not to block or interfere with the ability of any person to use a broadband connection to access the Internet;
   2. to operate its broadband network in a nondiscriminatory manner so that any person can offer or provide content and services over the broadband network with equivalent or better capability than the provider extends to itself or affiliated parties, and without the imposition of a charge for such nondiscriminatory network operation;
   3. if the provider prioritizes or offers enhanced quality of service to data of a particular type, to prioritize or offer enhanced quality of service to all data of that type without imposing a surcharge or other consideration for such prioritization or enhanced quality of service.
   Proponents say that network neutrality ensures that everybody is treated alike with regard to use of the Internet, which has been a principle applied to Internet use since it was first originated. Proponents say that without network neutrality, large corporations will pay for exclusive preferential service and hence small websites will be relegated to a second tier of inferior service. Opponents say that the Markey amendment forsakes the free market in favor of government price controls, and would chill investment in broadband network and deployment of new broadband services, and would reduce choice for internet users. Voting YES favors the network neutrality viewpoint over the price control viewpoint. Reference: Communications, Opportunity, Promotion, and Enhancement Act; Bill HR 5252 Amendment 987 ; vote number 2006-239 on Jun 8, 2006

   Voted YES on promoting commercial human space flight industry.

   Commercial Space Launch Amendments Act of 2004: States that Congress finds that:
   1. the goal of safely opening space to the American people and to their private commercial enterprises should guide Federal space investments, policies, and regulations;
   2. private industry has begun to develop commercial launch vehicles capable of carrying human beings into space;
   3. greater private investment in these efforts will stimulate the commercial space transportation industry;
   4. space transportation is inherently risky, and the future of the commercial human space flight industry will depend on its ability to continually improve its safety performance; and
   5. the regulatory standards governing human space flight must evolve as the industry matures so that regulations neither stifle technology development nor expose crew or space flight participants to avoidable risks as the public comes to expect greater safety for crew and space flight participants from the industry.
   Reference: Bill sponsored by Rep Dana Rohrabacher [R, CA-46]; Bill H.R.5382 ; vote number 2004-541 on Nov 20, 2004

   Voted NO on allowing telephone monopolies to offer Internet access.

   Internet Freedom and Broadband Deployment Act of 2001: Vote to pass a bill that would allow the four regional Bell telephone companies to enter the high-speed Internet access market via their long-distance connections whether or not they have allowed competitors into their local markets as required under the 1996 Telecommunications Act. The bill would allow the Bells to increase the fees they charge competitors for lines upgraded for broadband services from "wholesale rates" to "just and reasonable rates." It also would also allow the Bells to charge for giving competitors access to certain rights-of-way for broadband access. Certain FCC regulatory oversight would be maintained although the phone companies' high speed services would be exempted from regulation by the states. Reference: Bill sponsored by Tauzin, R-LA; Bill HR 1542 ; vote number 2002-45 on Feb 27, 2002

   Promote internet via Congressional Internet Caucus.

   Eshoo is a member of the Congressional Internet Caucus:

   Founded in the spring of 1996, the Congressional Internet Caucus is a bipartisan group of over 150 members of the House and Senate working to educate their colleagues about the promise and potential of the Internet. The Caucus also encourages Members to utilize the Internet in communications with constituents and supports efforts to put more government documents online. The Internet Caucus Advisory Committee and the Internet Education Foundation host regular events and forums for policymakers, the press, and the public to discuss important Internet-related policy issues.

   Membership in the Congressional Internet Caucus is open to any Member of Congress who pledges support for the following goals:
   • Promoting growth and advancement of the Internet
   • Providing a bicameral, bipartisan forum for Internet concerns to be raised
   • Promoting the education of Members of Congress and their staffs about the Internet
   • Promoting commerce and free flow of information on the Internet
   • Advancing the United States' world leadership in the digital world
   • Maximizing the openness of and participation in government by the people.
   Source: Congressional Internet Caucus web site, NetCaucus.org 01-CIC1 on Jan 1, 2001

   Criminal penalties for e-mail spamming.

   Eshoo co-sponsored the Anti-Spamming Act:

   Title: To protect individuals, families, and Internet service providers from unsolicited and unwanted electronic mail.

   Summary:
   1. Amends the Federal criminal code to provide criminal penalties for intentionally transmitting ten or more unsolicited commercial electronic mail messages to one or more protected computers in the United States, with the knowledge that such messages are accompanied by or contain materially false or misleading information as to the identity of the initiator.

   2. Allows a provider of Internet access service to bring an action against a person using such service to commit a violation of this Act.

   3. Allows certain statutory damages under such an action.

   4. Prescribe marks or notices to be included in electronic mail that contains a sexually oriented advertisement in order to inform the recipient of such fact.

   5. Provides penalties for not including such marks or notices.

   6. Requires the Attorney General to submit to Congress a detailed analysis of the effectiveness and enforcement, and need for modification, of this Act.
   Source: House Resolution Sponsorship 01-HR718 on Feb 14, 2001

   Facilitate nationwide 2-1-1 phone line for human services.

   Eshoo sponsored facilitating nationwide 2-1-1 phone line for human services

   A bill to facilitate nationwide availability of 2-1-1 telephone service for information and referral on human services & volunteer services. Congress makes the following findings:

   1. The FCC has assigned 2-1-1 as the national telephone number for information and referral on human services.
   2. 2-1-1 facilitates critical connections between families seeking services, including community-based and faith-based organizations.
   3. There are approximately 1,500,000 nonprofit organizations in the US [which would be listed in the 2-1-1 service].
   4. Government funding supports well-intentioned programs that are not fully utilized because of a lack of access to such programs.
   5. A national cost-benefit analysis estimates a net value to society of a national 2-1-1 system approaching $130,000,000 in the first year alone.
   6. While 69% of the population has access to 2-1-1 telephone service from a land line in 41 States, inadequate funding prevents access to that telephone service throughout each of the States.
   7. 2-1-1 telephone service facilitates the availability of a single repository where comprehensive data on all community services is collected & maintained.

   Introductory statement by Sponsor:

   Sen. CLINTON: In the immediate aftermath of the devastation of September 11, most people did not know where to turn for information about their loved ones. Fortunately for those who knew about it, 2-1-1 was already operating in Connecticut, and it was critical in helping identify the whereabouts of victims, connecting frightened children with their parents, providing information on terrorist suspects, and linking ready volunteers with victims.

   Every single American should have a number they can call to cut through the chaos of an emergency. That number is 2-1-1. It's time to make our citizens and our country safer by making this resource available nationwide.

   Source: Calling for 2-1-1 Act (S.211 and H.R.211) 07-HR211 on Jan 9, 2007

   Permanent ban on state & local taxation of Internet access.

   Eshoo introduced permanently banning state & local taxation of Internet access

   Permanent Internet Tax Freedom Act of 2007 - Amends the Internet Tax Freedom Act to make permanent the ban on state and local taxation of Internet access and on multiple or discriminatory taxes on electronic commerce.

   Related bills: H.R.743, H.R.1077, H.R.3678, S.156.

   Source: Permanent Internet Tax Freedom Act (S.2128) 07-S2128 on Oct 2, 2007

   Popularize Electronic Signatures with ESIGN Day.

   Eshoo signed H.CON.RES.290 & S.RES.576
   CONCURRENT RESOLUTION to support the designation of a National ESIGN Day:
   • Whereas the Electronic Signatures in Global and National Commerce Act (ESIGN) was enacted on June 30, 2000, to ensure that a signature, contract, or other record relating to a transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form;
   • Whereas June 30, 2010, marks the 10th anniversary of the enactment of ESIGN and would be an appropriate date to designate as 'National ESIGN Day':
   Now, therefore, be it Resolved that Congress supports the designation of a 'National ESIGN Day';
   1. recognizes the previous contribution made by Congress to the adoption of modern solutions that keep the United States on the leading technological edge; and
   2. reaffirms its commitment to facilitating interstate and foreign commerce in an increasingly digital world.
   Source: National ESIGN Day 10-HR290 on Jun 24, 2010

   Stop foreign internet piracy of copyrighted materials.

   Eshoo co-sponsored OPEN Act

   Congressional Summary:The Online Protection and Enforcement of Digital Trade Act (or OPEN Act) addresses unfair trade practices relating to infringement of copyrights and trademarks by certain Internet sites. Defines an 'Internet site dedicated to infringing activity' as a website that:

   1. is accessed through a nondomestic domain name;
   2. conducts business directed to residents of the US; and
   3. whose operator primarily uses the site to willfully infringe a copyright, or uses counterfeit marks.
   Exclusions from prosecution::
   1. if the Internet site has a practice of expeditiously removing material that is claimed to be infringing after notification by the owner of the copyright.;
   2. because the Internet site engages in an activity that would not make the operator liable for monetary relief;
   3. because distribution of copies were made without infringing a copyright or trademark.

   OnTheIssues Notes:This bill is intended as a replacement for SOPA and PIPA, the two bills which sparked an Internet protest in January 2012 and a shutdown of Wikipedia.com and google.com. Google and Facebook prefer the OPEN Act; the music and movie industries prefer SOPA and PIPA. Independent content creators, which include OnTheIssues.org and the Copyright Alliance, oppose all three bills on free speech grounds, and because large corporate website have resources to fight legal battles while small independent websites do not.

   Source: H.R.3782 12-H3782 on Jan 18, 2012

   Let NSF decide research grants, not Congress.

   Eshoo voted NAY Scientific Research in the National Interest Act

   Congressional Summary: Scientific Research in the National Interest Act: This bill directs the National Science Foundation (NSF) to award federal funding for basic research and education in the sciences only if the grant promotes the progress of science in the United States, is worthy of federal funding, and is in the national interest.

   Support on GovTrack.us: Lead sponsor Rep. Lamar Smith (R-TX-21)--chairman of the House Science, Space, and Technology Committee--noted the millions of dollars the NSF has doled out for purposes he considers less than worthwhile. In particular, he cited a few examples he considered particularly egregious, including:

   • $700,000 to support a climate change-themed musical
   • $487,000 to study the Icelandic textile industry during the Viking era
   • $516,000 to help amateurs create a video game to 'Relive Prom Night'

   Opposition on GovTrack.us: The Science Committee's ranking member, Rep. Eddie Bernice Johnson (D-TX-30) called the bill anti-science. She wrote, "Most Members of Congress lack the relevant expertise to fairly evaluate the merits of any particular grant. If we do not trust the Nation's scientific experts to make that judgement, then who are we to trust?" Johnson also noted that the NSF already has a rigorous review process, only funding about 1/5 of grant proposals.

   White House Opposition: Contrary to its stated purpose, [HR.3293] would add nothing to accountability in Federal funding for scientific research, while needlessly adding to bureaucratic burdens and overhead at the NSF. It would replace the clarity of the [current rules implemented in] 1950, with confusing language that could cast a shadow over the value of basic research.

   Legislative outcome: Passed House 236-178-26 (roll call 70, CR H684) on 2/11/16; bill died in Senate committee. The White House had threatened to veto the bill if it passed the Senate.

   Source: Congressional vote 16-HR3293 on Jul 29, 2015

   Sponsored bill for net neutrality for open internet.

   Eshoo voted YEA Save the Internet Act

   Summary by Vox.com: The US House of Representatives just passed a bill to bring Obama-era net neutrality rules back to the internet. This time, they want to make these regulations law so the Federal Communications Commission can’t overturn them easily. President Trump has said he will veto the bill should it make it to his desk. Senate Majority Leader Mitch McConnell called the bill "dead on arrival in the Senate".

   Statement in support by Rep. Jim Costa (D-CA-16): "The internet has a profound impact on America's economy and the social fabric of our nation. It is an important tool to connect individuals to each other and businesses with consumers, said Costa. "Ensuring a free and open internet, with equal access to all, is essential if we are to preserve the American dream."

   Statement in opposition by Rep. Richard Hudson (R-NC-8): "If this legislation became law, the Internet would be slower, more expensive, less free and controlled by Washington," said Rep. Hudson. "This would hurt our rural communities the most. I'll continue to work to keep the Internet free from government intervention and open."

   Statement in opposition by Rep. Don Bacon (R-NC-8): "Previous regulations led to additional expenses for 80% of providers in rural areas leading to delayed or reduced network expansion and services," said Rep. Bacon. "This bill would also lay the groundwork for the government for eventually taxing the internet." The internet is now operating under the same regulations that governed, and facilitated its expansive growth, from the mid 1990's until 2015. Some Democrats predicted that the return of those regulations would lead to limited access of the internet. None of those scenarios came true.

   Legislative outcome: Bill passed House 232-190-10 on April 10, 2019, rollcall #167. [The 116th Congress terminated with no Senate action on this bill].

   Source: Congressional vote 19-HR1644 on Mar 8, 2019

   Let companies share Y2K plans with no risk of lawsuits.

   Eshoo co-sponsored the Year 2000 Information and Readiness Disclosure Act

   An act to encourage the disclosure and exchange of information about computer processing problems, solutions, test practices and test results, and related matters in connection with the transition to the year 2000.

   Provides that no Year 2000 (Y2K problem) readiness disclosure (a statement concerning Year 2000 computer compliance information) shall be admissible in any civil action arising under Federal or State law against the maker of the disclosure to prove the accuracy or truth of any year 2000 statement in such disclosure, except: (1) as the basis for a claim for anticipatory breach or repudiation or a similar claim against the maker; and (2) when a court determines that the maker's disclosure amounts to bad faith or fraud or is otherwise unreasonable.

   Corresponding House bill is H.R.4455. Became Public Law No: 105-271.

   Source: Bill sponsored by 32 Senators and 11 Reps 98-S2392 on Jul 30, 1998

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