,i #aacth ,,congress #ast ,session ,h4 ,r4 #cfge ,,in ,,the ,,house ,,of ,,representatives ,december #i1 #bjac,mr4 ,walden 7for himself and ,mr4 ,kinzinger of ,illinois7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,communications ,act of #aicd to provide for greater transparency and efficiency in the procedures followed by the ,federal ,communications ,commission4 #a4 ,short title ,this ,act may be cited as the ,federal ,communications ,commission ,process ,reform ,act of #bjac4 #b4 ,,fcc process reform 7a7 ,in general ,title ,i of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 is amended by inserting after section #ab the following new section3 #ac4 ,transparency and efficiency 7a7 ,rulemaking requirements 7#a7 ,requirements for notices of proposed rulemaking ,the ,commission may not issue a notice of proposed rulemaking unless the ,commission provides for a period of not less than #cj days for the submission of comments and an additional period of not less than #cj days for the submission of reply comments on such notice and the ,commission includes in such notice the following3 7,a7 ,either-- 7i7 an identification of-- 7,i7 a notice of inquiry1 a prior notice of proposed rulemaking1 or a notice on a petition for rulemaking issued by the ,commission during the #c-year period preceding the issuance of the notice of proposed rulemaking concerned and of which such notice is a logical outgrowth2 or 7,,ii7 an order of a court reviewing action by the ,commission or otherwise directing the ,commission to act that was issued by the court during the #c-year period preceding the issuance of the notice of proposed rulemaking concerned and in response to which such notice is being issued2 or 7ii7 a finding 7together with a brief statement of reasons therefor7-- 7,i7 that the proposed rule or the proposed amendment of an existing rule will not impose additional burdens on industry or consumers2 or 7,,ii7 for good cause1 that a notice of inquiry is impracticable1 unnecessary1 or contrary to the public interest4 7,b7 ,the specific language of the proposed rule or the proposed amendment of an existing rule4 7,c7 ,in the case of a proposal to create a program activity1 proposed performance measures for evaluating the effectiveness of the program activity4 7,d7 ,in the case of a proposal to substantially change a program activity-- 7i7 proposed performance measures for evaluating the effectiveness of the program activity as proposed to be changed2 or 7ii7 a proposed finding that existing performance measures will effectively evaluate the program activity as proposed to be changed4 7#b7 ,requirements for rules ,except as provided in the #crd sentence of section #eec7;b7 of title #e1 ,united ,states ,code1 the ,commission may not adopt or amend a rule unless-- 7,a7 the specific language of the adopted rule or the amendment of an existing rule is a logical outgrowth of the specific language of a proposed rule or a proposed amendment of an existing rule included in a notice of proposed rulemaking1 as described in subparagraph 7,b7 of paragraph 7#a72 7,b7 such notice of proposed rulemaking-- 7i7 was issued in compliance with such paragraph and during the #c-year period preceding the adoption of the rule or the amendment of an existing rule2 and 7ii7 is identified in the order making the adoption or amendment2 7,c7 in the case of the adoption of a rule or the amendment of an existing rule that may have an economically significant impact1 the order contains-- 7i7 an identification and analysis of the specific market failure1 actual consumer harm1 burden of existing regulation1 or failure of public institutions that warrants the adoption or amendment2 7ii7 a reasoned determination that the benefits of the adopted rule or the amendment of an existing rule justify its costs 7recognizing that some benefits and costs are difficult to quantify71 taking into account alternative forms of regulation and the need to tailor regulation to impose the least burden on society1 consistent with obtaining regulatory objectives2 and 7iii7 a reasoned determination that market forces are unlikely to resolve within a reasonable period of time the specific market failure1 actual consumer harm1 burden of existing regulation1 or failure of public institutions identified under clause 7i72 7,d7 in the case of the adoption of a rule or the amendment of an existing rule that creates a program activity1 the order contains performance measures for evaluating the effectiveness of the program activity2 and 7,e7 in the case of the adoption of a rule or the amendment of an existing rule that substantially changes a program activity1 the order contains-- 7i7 performance measures for evaluating the effectiveness of the program activity as changed2 or 7ii7 a finding that existing performance measures will effectively evaluate the program activity as changed4 7#c7 ,data for performance measures ,the ,commission shall develop a performance measure or proposed performance measure required by this subsection to rely1 where possible1 on data already collected by the ,commission4 7#d7 ,cost-benefit determination not subject to judicial review ,a determination under paragraph 7#b77;,c77ii7 shall not be subject to judicial review4 7b7 ,adequate deliberation by ,commissioners ,the ,commission shall by rule establish procedures for-- 7#a7 informing all ,commissioners of a reasonable number of options available to the ,commission for resolving a petition1 complaint1 application1 rulemaking1 or other proceeding2 7#b7 ensuring that all ,commissioners have adequate time1 prior to being required to decide a petition1 complaint1 application1 rulemaking1 or other proceeding 7including at a meeting held pursuant to section #e7;d771 to review the proposed ,commission decision document1 including the specific language of any proposed rule or any proposed amendment of an existing rule2 and 7#c7 publishing the text of agenda items to be voted on at an open meeting in advance of such meeting so that the public has the opportunity to read the text before a vote is taken4 7c7 ,nonpublic collaborative discussions 7#a7 ,in general ,notwithstanding section #eeb;b of title #e1 ,united ,states ,code1 a bipartisan majority of ,commissioners may hold a meeting that is closed to the public to discuss official business if-- 7,a7 a vote or any other agency action is not taken at such meeting2 7,b7 each person present at such meeting is a ,commissioner1 an employee of the ,commission1 a member of a joint board or conference established under section #daj1 or a person on the staff of such a joint board or conference or of a member of such a joint board or conference2 and 7,c7 an attorney from the ,office of ,general ,counsel of the ,commission is present at such meeting4 7#b7 ,disclosure of nonpublic collaborative discussions ,not later than #b business days after the conclusion of a meeting held under paragraph 7#a71 the ,commission shall publish a disclosure of such meeting1 including-- 7,a7 a list of the persons who attended such meeting2 and 7,b7 a summary of the matters discussed at such meeting1 except for such matters as the ,commission determines may be withheld under section #eeb;b7c7 of title #e1 ,united ,states ,code4 7#c7 ,preservation of open meetings requirements for agency action ,nothing in this subsection shall limit the applicability of section #eeb;b of title #e1 ,united ,states ,code1 with respect to a meeting of ,commissioners other than that described in paragraph 7#a74 7d7 ,initiation of items by bipartisan majority ,the ,commission shall by rule establish procedures for allowing a bipartisan majority of ,commissioners to-- 7#a7 direct ,commission staff to draft an order1 decision1 report1 or action for review by the ,commission2 and 7#b7 place an order1 decision1 report1 or action on the agenda of an open meeting4 7e7 ,public review of certain reports and ex parte communications 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,commission may not rely1 in any order1 decision1 report1 or action1 on-- 7,a7 a statistical report or report to ,congress1 unless the ,commission has published and made such report available for comment for not less than a #cj-;day period prior to the adoption of such order1 decision1 report1 or action2 or 7,b7 an ex parte communication or any filing with the ,commission1 unless the public has been afforded adequate notice of and opportunity to respond to such communication or filing1 in accordance with procedures to be established by the ,commission by rule4 7#b7 ,exception ,paragraph 7#a7 does not apply when the ,commission for good cause finds 7and incorporates the finding and a brief statement of reasons therefor in the order1 decision1 report1 or action7 that publication or availability of a report under subparagraph 7,a7 of such paragraph or notice of and opportunity to respond to an ex parte communication under subparagraph 7,b7 of such paragraph are impracticable1 unnecessary1 or contrary to the public interest4 7f7 ,publication of status of certain proceedings and items ,the ,commission shall by rule establish procedures for publishing the status of all open rulemaking proceedings and all proposed orders1 decisions1 reports1 or actions on circulation for review by the ,commissioners1 including which ,commissioners have not cast a vote on an order1 decision1 report1 or action that has been on circulation for more than #fj days4 7g7 ,deadlines for action ,the ,commission shall by rule establish deadlines for any ,commission order1 decision1 report1 or action for each of the various categories of petitions1 applications1 complaints1 and other filings seeking ,commission action1 including filings seeking action through authority delegated under section #e7;c77#a74 7h7 ,prompt release of certain reports and decision documents 7#a7 ,statistical reports and reports to ,congress 7,a7 ,release schedule ,not later than ,january #aeth of each year1 the ,commission shall identify1 catalog1 and publish an anticipated release schedule for all statistical reports and reports to ,congress that are regularly or intermittently released by the ,commission and will be released during such year4 7,b7 ,publication deadlines ,the ,commission shall publish each report identified in a schedule published under subparagraph 7,a7 not later than the date indicated in such schedule for the anticipated release of such report4 7#b7 ,decision documents ,the ,commission shall publish each order1 decision1 report1 or action not later than #cj days after the date of the adoption of such order1 decision1 report1 or action4 7#c7 ,effect if deadlines not met 7,a7 ,notification of ,congress ,if the ,commission fails to publish an order1 decision1 report1 or action by a deadline described in paragraph 7#a77;,b7 or 7#b71 the ,commission shall1 not later than #g days after such deadline and every #ad days thereafter until the publication of the order1 decision1 report1 or action1 notify by letter the chairpersons and ranking members of the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 ,such letter shall identify such order1 decision1 report1 or action1 specify the deadline1 describe the reason for the delay1 and indicate when the ,commission anticipates that such order1 decision1 report1 or action will be published4 ,the ,commission shall publish such letter4 7,b7 ,no impact on effectiveness ,the failure of the ,commission to publish an order1 decision1 report1 or action by a deadline described in paragraph 7#a77;,b7 or 7#b7 shall not render such order1 decision1 report1 or action ineffective when published4 7i7 ,biannual scorecard reports 7#a7 ,in general ,for the #f-month period beginning on ,january #ast of each year and the #f-month period beginning on ,july #ast of each year1 the ,commission shall prepare a report on the performance of the ,commission in conducting its proceedings and meeting the deadlines established under subsections 7g71 7h77#a77;,b71 and 7h77#b74 7#b7 ,contents ,each report required by paragraph 7#a7 shall contain detailed statistics on such performance1 including1 with respect to each ,bureau of the ,commission-- 7,a7 in the case of performance in meeting the deadlines established under subsection 7g71 with respect to each category established under such subsection-- 7i7 the number of petitions1 applications1 complaints1 and other filings seeking ,commission action that were pending on the last day of the period covered by such report2 7ii7 the number of filings described in clause 7i7 that were not resolved by the deadlines established under such subsection and the average length of time such filings have been pending2 and 7iii7 for petitions1 applications1 complaints1 and other filings seeking ,commission action that were resolved during such period1 the average time between initiation and resolution and the percentage resolved by the deadlines established under such subsection2 7,b7 in the case of proceedings before an administrative law judge-- 7i7 the number of such proceedings completed during such period2 and 7ii7 the number of such proceedings pending on the last day of such period2 and 7,c7 the number of independent studies or analyses published by the ,commission during such period4 7#c7 ,publication and submission ,the ,commission shall publish and submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate each report required by paragraph 7#a7 not later than the date that is #cj days after the last day of the period covered by such report4 7j7 ,transaction review standards 7#a7 ,in general ,the ,commission shall condition its approval of a transfer of lines1 a transfer of licenses1 or any other transaction under section #bad1 #cji1 or #caj or any other provision of this ,act only if-- 7,a7 the imposed condition is a remedy to a harm that would likely arise as a direct result of the specific transfer or specific transaction that this ,act empowers the ,commission to review2 7,b7 the ,commission could impose a similar requirement under the authority of a specific provision of law other than a provision empowering the ,commission to review a transfer of lines1 a transfer of licenses1 or other transaction2 and 7,c7 the likely harm described in subparagraph 7,a7 is presented by the specific transfer of lines1 transfer of licenses1 or other transaction1 such that the harm is not presented by persons not involved in the transfer or other transaction4 7#b7 ,exclusions ,in reviewing a transfer of lines1 a transfer of licenses1 or any other transaction under section #bad1 #cji1 or #caj or any other provision of this ,act1 the ,commission may not consider a voluntary commitment of a party to such transfer or transaction unless the ,commission could adopt that voluntary commitment as a condition under paragraph 7#a74 7k7 ,access to certain information on ,commission's website ,the ,commission shall provide direct access from the homepage of its website to-- 7#a7 detailed information regarding-- 7,a7 the budget of the ,commission for the current fiscal year2 7,b7 the appropriations for the ,commission for such fiscal year2 and 7,c7 the total number of full-time equivalent employees of the ,commission2 and 7#b7 the performance plan most recently made available by the ,commission under section #aaae7;b7 of title #ca1 ,united ,states ,code4 7l7 ,federal ,register publication 7#a7 ,in general ,in the case of any document adopted by the ,commission that the ,commission is required1 under any provision of law1 to publish in the ,federal ,register1 the ,commission shall1 not later than the date described in paragraph 7#b71 complete all ,commission actions necessary for such document to be so published4 7#b7 ,date described ,the date described in this paragraph is the earlier of-- 7,a7 the day that is #de days after the date of the release of the document2 or 7,b7 the day by which such actions must be completed to comply with any deadline under any other provision of law4 7#c7 ,no effect on deadlines for publication in other form ,in the case of a deadline that does not specify that the form of publication is publication in the ,federal ,register1 the ,commission may comply with such deadline by publishing the document in another form4 ,such other form of publication does not relieve the ,commission of any ,federal ,register publication requirement applicable to such document1 including the requirement of paragraph 7#a74 7m7 ,consumer complaint database 7#a7 ,in general ,in evaluating and processing consumer complaints1 the ,commission shall present information about such complaints in a publicly available1 searchable database on its website that-- 7,a7 facilitates easy use by consumers2 and 7,b7 to the extent practicable1 is sortable and accessible by-- 7i7 the date of the filing of the complaint2 7ii7 the topic of the complaint2 7iii7 the party complained of2 and 7iv7 other elements that the ,commission considers in the public interest4 7#b7 ,duplicative complaints ,in the case of multiple complaints arising from the same alleged misconduct1 the ,commission shall be required to include only information concerning one such complaint in the database described in paragraph 7#a74 7n7 ,form of publication 7#a7 ,in general ,in complying with a requirement of this section to publish a document1 the ,commission shall publish such document on its website1 in addition to publishing such document in any other form that the ,commission is required to use or is permitted to and chooses to use4 7#b7 ,exception ,the ,commission shall by rule establish procedures for redacting documents required to be published by this section so that the published versions of such documents do not contain-- 7,a7 information the publication of which would be detrimental to national security1 homeland security1 law enforcement1 or public safety2 or 7,b7 information that is proprietary or confidential4 7o7 ,transparency relating to performance in meeting ,,foia requirements ,the ,commission shall take additional steps to inform the public about its performance and efficiency in meeting the disclosure and other requirements of section #eeb of title #e1 ,united ,states ,code 7commonly referred to as the ,freedom of ,information ,act71 including by doing the following3 7#a7 ,publishing on the ,commission's website the ,commission's logs for tracking1 responding to1 and managing requests submitted under such section1 including the ,commission's fee estimates1 fee categories1 and fee request determinations4 7#b7 ,releasing to the public all decisions made by the ,commission 7including decisions made by the ,commission's ,bureaus and ,offices7 granting or denying requests filed under such section1 including any such decisions pertaining to the estimate and application of fees assessed under such section4 7#c7 ,publishing on the ,commission's website electronic copies of documents released under such section4 7#d7 ,presenting information about the ,commission's handling of requests under such section in the ,commission's annual budget estimates submitted to ,congress and the ,commission's annual performance and financial reports4 ,such information shall include the number of requests under such section the ,commission received in the most recent fiscal year1 the number of such requests granted and denied1 a comparison of the ,commission's processing of such requests over at least the previous #c fiscal years1 and a comparison of the ,commission's results with the most recent average for the ,united ,states ,government as published on www4foia4gov4 7p7 ,definitions ,in this section3 7#a7 ,amendment ,the term amendment includes1 when used with respect to an existing rule1 the deletion of such rule4 7#b7 ,bipartisan majority ,the term bipartisan majority means1 when used with respect to a group of ,commissioners1 that such group-- 7,a7 is a group of #c or more ,commissioners2 and 7,b7 includes1 for each political party of which any ,commissioner is a member1 at least #a ,commissioner who is a member of such political party1 and1 if any ,commissioner has no political party affiliation1 at least #a unaffiliated ,commissioner4 7#c7 ,economically significant impact ,the term economically significant impact means an effect on the economy of #ajj1jjj1jjj or more annually or a material adverse effect on the economy1 a sector of the economy1 productivity1 competition1 jobs1 the environment1 public health or safety1 or ,state1 local1 or tribal governments or communities4 7#d7 ,performance measure ,the term performance measure means an objective and quantifiable outcome measure or output measure 7as such terms are defined in section #aaae of title #ca1 ,united ,states ,code74 7#e7 ,program activity ,the term program activity has the meaning given such term in section #aaae of title #ca1 ,united ,states ,code1 except that such term also includes any annual collection or distribution or related series of collections or distributions by the ,commission of an amount that is greater than or equal to #ajj1jjj1jjj4 7#f7 ,other definitions ,the terms agency action1 ex parte communication1 and rule have the meanings given such terms in section #eea of title #e1 ,united ,states ,code4 4 7b7 ,effective date and implementing rules 7#a7 ,effective date 7,a7 ,in general ,the requirements of section #ac of the ,communications ,act of #aicd1 as added by subsection 7a71 shall apply beginning on the date that is #f months after the date of the enactment of this ,act4 7,b7 ,prior notices of proposed rulemaking ,if the ,federal ,communications ,commission identifies under paragraph 7#b77;,b77ii7 of subsection 7a7 of such section #ac a notice of proposed rulemaking issued prior to the date of the enactment of this ,act-- 7i7 such notice shall be deemed to have complied with paragraph 7#a7 of such subsection2 and 7ii7 if such notice did not contain the specific language of a proposed rule or a proposed amendment of an existing rule1 paragraph 7#b77;,a7 of such subsection shall be satisfied if the adopted rule or the amendment of an existing rule is a logical outgrowth of such notice4 7,c7 ,schedules and reports ,notwithstanding subparagraph 7,a71 subsections 7h77#a7 and 7i7 of such section shall apply with respect to #bjad and any year thereafter4 7#b7 ,rules ,the ,federal ,communications ,commission shall promulgate the rules necessary to carry out such section not later than #a year after the date of the enactment of this ,act4 7#c7 ,procedures for adopting rules ,notwithstanding paragraph 7#a77;,a71 in promulgating rules to carry out such section1 the ,federal ,communications ,commission shall comply with the requirements of subsections 7a7 and 7h77#b7 of such section4 #c4 ,categorization of ,,tcpa inquiries and complaints in quarterly report ,in compiling its quarterly report with respect to informal consumer inquiries and complaints1 the ,federal ,communications ,commission may not categorize an inquiry or complaint with respect to section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7 as being a wireline inquiry or complaint or a wireless inquiry or complaint unless the party whose conduct is the subject of the inquiry or complaint is a wireline carrier or a wireless carrier1 respectively4 #d4 ,provision of emergency weather information ,nothing in subsection 7a7 of section #ac of the ,communications ,act of #aicd1 as added by section #b of this ,act1 shall be construed to impede the ,federal ,communications ,commission from acting in times of emergency to ensure the availability of efficient and effective communications systems to alert the public to imminent dangerous weather conditions4 #e4 ,communications of first responders ,nothing in subsection 7a7 of section #ac of the ,communications ,act of #aicd1 as added by section #b of this ,act1 shall be construed to impede the ,federal ,communications ,commission from acting in times of emergency to ensure the availability of efficient and effective communications systems for ,state and local first responders4 #f4 ,effect on other laws ,nothing in this ,act or the amendment made by this ,act shall relieve the ,federal ,communications ,commission from any obligations under title #e1 ,united ,states ,code1 except where otherwise expressly provided4