Victory Claimed by Both Sides Ahead of Net Neutrality Vote
House Communications Subcommittee leaders have different measures of success for the floor vote on the joint resolution to disapprove FCC net neutrality rules under the Congressional Review Act. House Republicans are expected to pass the resolution with few Democratic votes, but Chairman Greg Walden, R-Ore., and Ranking Member Anna Eshoo, D-Calif., separately claimed early victories on Thursday. The floor vote was originally scheduled for Thursday, but it was postponed until Friday due to budget negotiations. The House will meet at 10 a.m. and begin legislative business at noon, Majority Leader Eric Cantor, R-Va., said Thursday.
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"My job is to pass it in the House,” Walden told us. “So I think you're going to see the House do its work and then we'll go to work in the Senate.” Walden said he expects to pick up a few more Democratic votes compared to Tuesday’s vote on the rule (CD April 6 p1) when only five House Democrats joined Republicans. He noted that the amendment to the 7-month Continuing Resolution (HR-1), which would prevent the FCC from acting on its net neutrality order, had 10 Democratic votes.
"I would measure success in the weight of the case that we came out with,” Eshoo told us. A broad coalition of small businesses, large ISPs and faith organizations supported the FCC rules, she said. “I don’t believe for one moment that this vote is about the substance,” Eshoo said. “The substance is overwhelming.” Attacks on federal agencies may continue after the vote, she said. “Have they gotten it out of their system? Hopefully. Is it embedded in their DNA? We'll see."
"This is ultimately a question of authority,” Commerce Committee Chairman Fred Upton, R-Mich., wrote Thursday in a blog for The Hill. “An unelected, unaccountable government bureaucracy most certainly should not impose these rules. … The vote is an opportunity to protect innovation and jobs while restoring Congress’ role as representatives of the people."
Some Democrats hope the vote count Friday will highlight difficulty ahead for the resolution. Ranking Member Henry Waxman, D-Calif., of the parent Commerce Committee has said Democrats hope to send a message that the GOP effort to reverse the FCC rules won’t withstand a presidential veto (CD March 18 p3). Rep. Doris Matsui, D-Calif., who circulated to colleagues a letter opposing the joint resolution, agreed it’s important to stop Republicans from getting a two-thirds majority in Friday’s vote, a Matsui spokeswoman said.
"Unless the Senate passes it, neither side really wins or loses at this point,” said Potomac Research analyst Paul Glenchur. “The expectations are built in that it passes the House but struggles in the Senate.” MF Global analyst Paul Gallant said that for Republicans, the vote is likely more about scolding the FCC. “Even with a veto probably dooming the resolution, the Republicans would like to run up the score to send a message to the Commission about how strongly they oppose the net neutrality rules.”
The Senate may wait to move forward on the resolution until the order is published in the Federal Register, Walden told us. That’s how the Senate seems to be interpreting the Congressional Review Act, unlike the House, he said. Walden blamed the FCC for the delay in moving the order to the Register. “There may have been some staff errors … at the commission as they rushed this thing out,” Walden said. The commission may also be “slow walking it through” the Office of Management and Budget, he said.
"There is no delay,” an FCC spokesman said in an email. “The Order quite simply is going through the normal process for clearing Paperwork Reduction Act requirements before being published in the Federal Register.” The Act requires a 60-day comment period at the FCC that ends Sunday, the spokesman said. After comments are reviewed, the FCC sends a PRA application to OMB, which in turn puts that out for comment for 30 days. Once OMB signs off, the order can be published in the Register.