Brian Higgins on Technology Democratic Representative (NY-27)

Voted YES 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 YES 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 increasing fines for indecent broadcasting.

   Broadcast Decency Enforcement Act of 2005: Expresses the sense of Congress that broadcast television station licensees should reinstitute a family viewing policy for broadcasters. Amends the Communications Act of 1934 to provide that for violators of any Federal Communications Commission (FCC) license, if a violator is determined by the FCC to have broadcast obscene, indecent, or profane material, the amount of forfeiture penalty shall not exceed $500,000 for each violation. Sets forth:
   1. additional factors for determining indecency penalties;
   2. indecency penalties for non-licensees;
   3. deadlines for actions on complaints;
   4. additional remedies for indecent broadcasts; and
   5. provisions for license disqualification, revocation, or renewal consideration for violations of indecency prohibitions.
   Reference: Bill sponsored by Rep. Fred Upton [R, MI-6]; Bill H.R.310 ; vote number 2005-035 on Feb 16, 2005

   Chief information officer to digitize federal government.

   Higgins adopted the manifesto, "A New Agenda for the New Decade":

   Performance-Based Government
   The strong anti-government sentiments of the early 1990s have subsided, but most Americans still think government is too bureaucratic, too centralized, and too inefficient.

   In Washington and around the country, a second round of “reinventing government” initiatives should be launched to transform public agencies into performance-based organizations focused on bottom-line results. Many public services can be delivered on a competitive basis among public and private entities with accountability for results. Public-private partnerships should become the rule, not the exception, in delivering services. Civic and voluntary groups, including faith-based organizations, should play a larger role in addressing America’s social problems.

   When the federal government provides grants to states and localities to perform public services, it should give the broadest possible administrative flexibility while demanding and rewarding specific results. Government information and services at every level should be thoroughly “digitized,” enabling citizens to conduct business with public agencies online.

   Goals for 2010
   • Require public agencies to measure results and publish information on performance.
   • Consolidate narrow federal-state grants into broad performance-based grants that offer greater flexibility in return for greater accountability for results.
   • Make it possible for citizens to conduct all business with government online.
   • Create a chief information officer to drive the digitization of the federal government.
   Source: The Hyde Park Declaration 00-DLC8 on Aug 1, 2000

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

   Higgins co-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

   Popularize Electronic Signatures with ESIGN Day.

   Higgins 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

   Sponsored investing $1 billion in transportation projects.

   Higgins co-sponsored TIGER Grants Act

   Congressional Summary: TIGER Grants for Job Creation Act: Congress finds the following:

   1. The economy is struggling to recover from the recession. The unemployment rate is nearly 8%.
   2. The American Society of Civil Engineers' 2009 Report Card for America's Infrastructure estimated that there is a $549 billion shortfall in investments in roads and bridges and an additional $190 billion shortfall in investments in transit.
   3. TIGER, formally known as the Transportation Investment Generating Economic Recovery grant program, is a nationwide competitive grant program that creates jobs by funding investments in transportation infrastructure.
   An additional amount for National Infrastructure Investments of $1 billion shall become available, and shall be exempt from any sequestration.

   Opponent's argument against bill:(The Reason Foundation, July 6, 2012):

   The US Constitution authorizes Congress "to regulate Commerce...among the several States." However, the five non-motorized transportation projects, the six transit projects and the six multimodal projects TIGER Grants have funded serve no national need. Some of the port, passenger rai

   Source: H.R.1124 13-H1124 on Mar 13, 2013

   Let NSF decide research grants, not Congress.

   Higgins 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.

   Higgins 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

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