,,ib ,union ,calendar ,no4 #bea #aacth ,,congress #b;d ,session ,h4 ,r4 #cfge ,report ,no4 #aac-cch ,,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 ,january #ca1 #bjad,reported with amendments1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed,strike out all after the enacting clause and insert the part printed in italic,for text of introduced bill1 see copy of bill as introduced on ,december #i1 #bjac ,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 ,initial rulemaking and inquiry 7#a7 ,rulemaking ,not later than #a year after the date of the enactment of the ,federal ,communications ,commission ,process ,reform ,act of #bjac1 the ,commission shall complete a rulemaking proceeding and adopt procedural changes to its rules to maximize opportunities for public participation and efficient decisionmaking4 7#b7 ,requirements for rulemaking ,the rules adopted under paragraph 7#a7 shall-- 7,a7 set minimum comment periods for comment and reply comment1 subject to a determination by the ,commission that good cause exists for departing from such minimum comment periods1 for-- 7i7 significant regulatory actions1 as defined in ,executive ,order #abhff2 and 7ii7 all other rulemaking proceedings2 7,b7 establish policies concerning the submission of extensive new comments1 data1 or reports towards the end of the comment period2 7,c7 establish policies regarding treatment of comments1 ex parte communications1 and data or reports 7including statistical reports and reports to ,congress7 submitted after the comment period to ensure that the public has adequate notice of and opportunity to respond to such submissions before the ,commission relies on such submissions in any order1 decision1 report1 or action2 7,d7 establish procedures for publishing the status of open rulemaking proceedings and 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 days2 7,e7 establish deadlines 7relative to the date of filing7 for-- 7i7 in the case of a petition for a declaratory ruling under section #a4b of title #dg1 ,code of ,federal ,regulations1 issuing a public notice of such petition2 7ii7 in the case of a petition for rulemaking under section #a4dja of such title1 issuing a public notice of such petition2 and 7iii7 in the case of a petition for reconsideration under section #a4ajf or #a4dbi of such title or an application for review under section #a4aae of such title1 issuing a public notice of a decision on the petition or application by the ,commission or under delegated authority 7as the case may be72 7,f7 establish guidelines 7relative to the date of filing7 for the disposition of petitions filed under section #a4b of such title2 7,g7 establish procedures for the inclusion of the specific language of the proposed rule or the proposed amendment of an existing rule in a notice of proposed rulemaking2 and 7,h7 require notices of proposed rulemaking and orders adopting a rule or amending an existing rule that-- 7i7 create 7or propose to create7 a program activity to contain performance measures for evaluating the effectiveness of the program activity2 and 7ii7 substantially change 7or propose to substantially change7 a program activity to contain-- 7,i7 performance measures for evaluating the effectiveness of the program activity as changed 7or proposed to be changed72 or 7,,ii7 a finding that existing performance measures will effectively evaluate the program activity as changed 7or proposed to be changed74 7#c7 ,inquiry ,not later than #a year after the date of the enactment of the ,federal ,communications ,commission ,process ,reform ,act of #bjac1 the ,commission shall complete an inquiry to seek public comment on whether and how the ,commission should-- 7,a7 establish procedures for allowing a bipartisan majority of ,commissioners to place an order1 decision1 report1 or action on the agenda of an open meeting2 7,b7 establish procedures for informing all ,commissioners of a reasonable number of options available to the ,commission for resolving a petition1 complaint1 application1 rulemaking1 or other proceeding2 7,c7 establish procedures for 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 7,d7 establish procedures for 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 taken2 7,e7 establish deadlines 7relative to the date of filing7 for disposition of applications for a license under section #a4iac of title #dg1 ,code of ,federal ,regulations2 7,f7 assign resources needed in order to meet the deadlines described in subparagraph 7,e71 including whether the ,commission's ability to meet such deadlines would be enhanced by assessing a fee from applicants for such a license2 and 7,g7 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#d7 ,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 7b7 ,periodic review ,on the date that is #e years after the completion of the rulemaking proceeding under subsection 7a77#a71 and every #e years thereafter1 the ,commission shall initiate a new rulemaking proceeding to continue to consider such procedural changes to its rules as may be in the public interest to maximize opportunities for public participation and efficient decisionmaking4 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 ,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 7e7 ,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 7f7 ,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 7g7 ,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 7h7 ,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 7i7 ,prompt release of statistical reports and reports to ,congress ,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 7j7 ,annual scorecard reports 7#a7 ,in general ,for the #a-year period beginning on ,january #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 subsection 7a77#b77;,e7 and the guidelines established under subsection 7a77#b77;,f74 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 with respect to each type of filing specified in subsection 7a77#b77;,e7 or 7a77#b77;,f7-- 7i7 the number of filings that were pending on the last day of the period covered by such report2 7ii7 the number of filings described in clause 7i7 for which each applicable deadline or guideline established under such subsection was not met and the average length of time such filings have been pending2 and 7iii7 for filings that were resolved during such period1 the average time between initiation and resolution and the percentage for which each applicable deadline or guideline established under such subsection was met2 7,b7 with respect to 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 7k7 ,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 one unaffiliated ,commissioner4 7#c7 ,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#d7 ,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#e7 ,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 dates and implementing rules 7#a7 ,effective dates 7,a7 ,nonpublic collaborative discussions ,subsection 7c7 of section #ac of the ,communications ,act of #aicd1 as added by subsection 7a71 shall apply beginning on the first date on which all of the procedural changes to the rules of the ,federal ,communications ,commission required by subsection 7a77#a7 of such section have taken effect4 7,b7 ,schedules and reports ,subsections 7i7 and 7j7 of such section #ac shall apply with respect to #bjad and any year thereafter4 7#b7 ,rules ,except as otherwise provided in such section #ac1 the ,federal ,communications ,commission shall promulgate any rules necessary to carry out such section not later than #a year after the date of the enactment of this ,act4 #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 ,effect on other laws ,nothing in this ,act or the amendments made by this ,act shall relieve the ,federal ,communications ,commission from any obligations under title #e1 ,united ,states ,code1 except where otherwise expressly provided4 #e4 ,application of ,antideficiency ,act to ,universal ,service ,program 7a7 ,in general ,section #bed of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7 is amended by adding at the end the following3 7m7 ,application of ,antideficiency ,act ,section #acda and subchapter ,,ii of chapter #ae of title #ca1 ,united ,states ,code1 do not apply-- 7#a7 to any amount collected or received as ,federal universal service contributions required by this section1 including any interest earned on such contributions2 or 7#b7 to the expenditure or obligation of amounts attributable to such contributions for universal service support programs established pursuant to this section4 4 7b7 ,repeal of temporary provision ,title ,,iii of ,public ,law #ajh-did 7#aah ,stat4 #ciig7 is repealed4 ,amend the title so as to read3 ,a bill to amend the ,communications ,act of #aicd to provide for greater transparency and efficiency in the procedures followed by the ,federal ,communications ,commission1 and for other purposes44 ,january #ca1 #bjad,reported with amendments1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed