II 

Calendar No. 699 

114TH CONGRESS 

2D SESSION S. 421 

To amend the Communications Act of 1934 to provide for greater transparency and efficiency in the procedures followed by the Federal Communications Commission, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 10, 2015 

Mr. HELLER (for himself and Mr. DAINES) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

DECEMBER 6, 2016 

Reported by Mr. THUNE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Communications Act of 1934 to provide for 

greater transparency and efficiency in the procedures 

followed by the Federal Communications Commission, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Federal Communica3 tions Commission Process Reform Act of 2015’’. 

4 SEC. 2. FCC PROCESS REFORM. 

5 (a) IN GENERAL.—Title I of the Communications Act 

6 of 1934 (47 U.S.C. 151 et seq.) is amended by adding 

7 at the end the following: 

8 ‘‘SEC. 13. TRANSPARENCY AND EFFICIENCY. 

9 ‘‘(a) DEFINITIONS.—In this section: 

10 ‘‘(1) AMENDMENT.—The term ‘amendment’ in11 cludes, when used with respect to an existing rule, 

12 the deletion of the rule. 

13 ‘‘(2) APPLICATION FOR REVIEW.—The term 

14 ‘application for review’ means an application for re15 view filed under section 1.115 of title 47, Code of 

16 Federal Regulations, or any successor thereto. 

17 ‘‘(3) BIPARTISAN MAJORITY.—The term ‘bipar18 tisan majority’ means, when used with respect to a 

19 group of Commissioners, that the group— 

20 ‘‘(A) is a group of 3 or more Commis21 sioners; and 

22 ‘‘(B) includes— 

23 ‘‘(i) for each political party of which 

24 any Commissioner is a member, not less 

25 than 1 Commissioner who is a member of 

26 the political party; and 


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1 ‘‘(ii) if any Commissioner has no po2 litical party affiliation, not less than 1 un3 affiliated Commissioner. 

4 ‘‘(4) PERFORMANCE MEASURE.—The term ‘per5 formance measure’ means an objective and quantifi6 able outcome measure or output measure (as those 

7 defined in section 1115 of title 31, United States 

8 Code). 

9 ‘‘(5) ECONOMICALLY SIGNIFICANT IMPACT.— 

10 The term ‘economically significant impact’ means an 

11 effect on the economy of $100,000,000 or more an12 nually or a material adverse effect on the economy, 

13 a sector of the economy, productivity, competition, 

14 jobs, the environment, public health or safety, or 

15 State, local, or tribal governments or communities. 

16 ‘‘(6) PETITION FOR DECLARATORY RULING.— 

17 The term ‘petition for declaratory ruling’ means a 

18 petition for declaratory ruling filed under section 1.2 

19 of title 47, Code of Federal Regulations, or any suc20 cessor thereto. 

21 ‘‘(7) PETITION FOR RECONSIDERATION.—The 

22 term ‘petition for reconsideration’ means a petition 

23 for reconsideration filed under section 1.106 or 

24 1.429 of title 47, Code of Federal Regulations, or 

25 any successor thereto. 


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1 ‘‘(8) PETITION FOR RULEMAKING.—The term 

2 ‘petition for rulemaking’ means a petition for rule3 making filed under section 1.401 of title 47, Code of 

4 Federal Regulations, or any successor thereto. 

5 ‘‘(9) PROGRAM ACTIVITY.—The term ‘program 

6 activity’— 

7 ‘‘(A) has the meaning given the term in 

8 section 1115 of title 31, United States Code; 

9 and 

10 ‘‘(B) includes any annual collection or dis11 tribution or related series of collections or dis12 tributions by the Commission of an amount not 

13 less than $100,000,000. 

14 ‘‘(10) OTHER DEFINITIONS.—The terms ‘adju15 dication’, ‘agency action’, ‘ex parte communication’, 

16 ‘rule’, and ‘rulemaking’ have the meanings given the 

17 terms in section 551 of title 5, United States Code. 

18 ‘‘(b) INITIAL RULEMAKING AND INQUIRY.— 

19 ‘‘(1) RULEMAKING.—Not later than 1 year 

20 after the date of enactment of the Federal Commu21 nications Commission Process Reform Act of 2015, 

22 the Commission shall complete a rulemaking pro23 ceeding and adopt procedural changes to the rules of 

24 the Commission to maximize opportunities for public 

25 participation and efficient decision making. 


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1 ‘‘(2) REQUIREMENTS FOR RULEMAKING.—The 

2 rules adopted under paragraph (1) shall— 

3 ‘‘(A) set minimum comment periods for 

4 comment and reply comment, subject to a de5 termination by the Commission that good cause 

6 exists for departing from the minimum com7 ment periods, for— 

8 ‘‘(i) significant regulatory actions, as 

9 defined in Executive Order 12866 (5 

10 U.S.C. 601 note; relating to regulatory 

11 planning and review); 

12 ‘‘(ii) all other rulemaking proceedings; 

13 and 

14 ‘‘(iii) petitions for forbearance filed 

15 under section 10(c) of the Communications 

16 Act of 1934 (47 U.S.C. 160(c)); 

17 ‘‘(B) establish policies concerning the sub18 mission of extensive new comments, data, or re19 ports towards the end of a comment period; 

20 ‘‘(C) establish policies regarding treatment 

21 of comments, ex parte communications, and 

22 data or reports (including statistical reports 

23 and reports to Congress) submitted after a 

24 comment period to ensure that the public has 

25 adequate notice of and opportunity to respond 


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1 to the submissions before the Commission relies 

2 on the submissions in any order, decision, re3 port, or action; 

4 ‘‘(D) establish procedures for publishing 

5 the status of open rulemaking proceedings and 

6 proposed orders, decisions, reports, or actions 

7 on circulation for review by the Commissioners, 

8 including which Commissioners have not cast a 

9 vote on an order, decision, report, or action that 

10 has been on circulation for more than 60 days; 

11 ‘‘(E) establish guidelines (relative to the 

12 date of filing) for issuing a public notice of— 

13 ‘‘(i) a petition for declaratory ruling; 

14 ‘‘(ii) a petition for rulemaking; 

15 ‘‘(iii) a petition for reconsideration; or 

16 ‘‘(iv) an application for review; 

17 ‘‘(F) require each notice of proposed rule18 making to include the specific language of the 

19 proposed rule or the proposed amendment of an 

20 existing rule; 

21 ‘‘(G) require each petition filed with the 

22 Commission to be— 

23 ‘‘(i) put out for public notice, subject 

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1 ment periods established under subpara2 graph (A); or 

3 ‘‘(ii) disposed of pursuant to an order 

4 of dismissal; 

5 ‘‘(H) require each new notice of proposed 

6 rulemaking or order adopting a rule or amend7 ing an existing rule that creates (or proposes to 

8 create) a program activity to contain perform9 ance measures for evaluating the effectiveness 

10 of the program activity; 

11 ‘‘(I) require each notice of proposed rule12 making or order adopting a rule or amending 

13 an existing rule that substantially changes (or 

14 proposes to substantially change) a program ac15 tivity to contain— 

16 ‘‘(i) performance measures for evalu17 ating the effectiveness of the program ac18 tivity as changed (or proposed to be 

19 changed); or 

20 ‘‘(ii) a finding that existing perform21 ance measures will effectively evaluate the 

22 program activity as changed (or proposed 

23 to be changed); 

24 ‘‘(J) require each notice of proposed rule25 making to include— 


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1 ‘‘(i) an identification of a notice of in2 quiry, a prior notice of proposed rule3 making, or a notice on a petition for rule4 making, issued by the Commission during 

5 the 3-year period preceding the date on 

6 which the notice of proposed rulemaking 

7 concerned is issued and of which such no8 tice is a logical outgrowth; 

9 ‘‘(ii) an order of a court reviewing ac10 tion by the Commission or otherwise di11 recting the Commission to act that the 

12 court issued during the 3-year period pre13 ceding the date on which the notice of pro14 posed rulemaking concerned is issued and 

15 in response to which such notice is being 

16 issued; or 

17 ‘‘(iii) a finding (together with a brief 

18 statement of reasons therefor)— 

19 ‘‘(I) that the proposed rule or the 

20 proposed amendment of an existing 

21 rule will not impose additional bur22 dens on industry or consumers; and 

23 ‘‘(II) for good cause, that a no24 tice of inquiry is impracticable, unnecVerDate Sep 11 2014 23:17 Dec 06, 2016 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S421.RS S421

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1 essary, or contrary to the public inter2 est; 

3 ‘‘(K) require each notice of proposed rule4 making or order adopting a rule or amending 

5 an existing rule that may have an economically 

6 significant impact, to contain— 

7 ‘‘(i) an identification and analysis of 

8 the specific market failure, actual con9 sumer harm, burden of existing regulation, 

10 or failure of public institutions that war11 rants the adoption or amendment; and 

12 ‘‘(ii) a reasoned determination that 

13 the benefits of the adoption or amendment 

14 justify the costs (recognizing that some 

15 benefits and costs are difficult to quan16 tify), taking into account alternative forms 

17 of regulation and the need to tailor regula18 tion to impose the least burden on society, 

19 consistent with obtaining regulatory objec20 tives; 

21 ‘‘(L) establish procedures under which a 

22 Commissioner, with respect to an order, deci23 sion, report, or action of a bureau or office of 

24 the Commission, may require the entire Com25 mission to vote on whether to— 


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1 ‘‘(i) affirm, modify, or set aside the 

2 order, decision, report, or action; or 

3 ‘‘(ii) order a rehearing upon the order, 

4 decision, report, or action in accordance 

5 with section 405; and 

6 ‘‘(M) establish procedures for publishing 

7 the language of a rule or amendment of an ex8 isting rule for a period of not fewer than 21 

9 days before the date on which a vote on the rule 

10 or amendment to an existing rule begins. 

11 ‘‘(3) INQUIRY.—Not later than 1 year after the 

12 date of enactment of the Federal Communications 

13 Commission Process Reform Act of 2015, the Com14 mission shall complete an inquiry to seek public 

15 comment on whether and how the Commission 

16 should— 

17 ‘‘(A) establish procedures for informing all 

18 Commissioners of a reasonable number of op19 tions available to the Commission for resolving 

20 a petition, complaint, application, rulemaking, 

21 or other proceeding; 

22 ‘‘(B) establish procedures for ensuring that 

23 all Commissioners have adequate time, prior to 

24 being required to decide a petition, complaint, 

25 application, rulemaking, or other proceeding 


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1 (including at a meeting held under section 

2 5(d)), to review the proposed Commission deci3 sion document, including the specific language 

4 of any proposed rule or any proposed amend5 ment of an existing rule; 

6 ‘‘(C) establish deadlines (relative to the 

7 date of filing) for disposition of applications for 

8 a license under section 1.913 of title 47, Code 

9 of Federal Regulations; 

10 ‘‘(D) assign resources needed to meet the 

11 deadlines described in subparagraph (C), in12 cluding whether the ability of the Commission 

13 to meet those deadlines would be enhanced by 

14 assessing a fee from applicants for a license de15 scribed in subparagraph (C); and 

16 ‘‘(E) publish each order, decision, report, 

17 or action not later than 30 days after the date 

18 of the adoption of the order, decision, report, or 

19 action. 

20 ‘‘(4) DATA FOR PERFORMANCE MEASURES.— 

21 The Commission shall develop a performance meas22 ure or proposed performance measure required 

23 under this subsection to rely, where possible, on data 

24 already collected by the Commission. 


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1 ‘‘(c) PERIODIC REVIEW.—On the date that is 5 years 

2 after the completion of the rulemaking proceeding under 

3 subsection (b)(1), and every 5 years thereafter, the Com4 mission shall initiate a new rulemaking proceeding to con5 tinue to consider any procedural changes to the rules of 

6 the Commission that may be in the public interest to maxi7 mize opportunities for public participation and efficient 

8 decisionmaking. 

9 ‘‘(d) NONPUBLIC COLLABORATIVE DISCUSSIONS.— 

10 ‘‘(1) IN GENERAL.—Notwithstanding section 

11 552b of title 5, United States Code, a bipartisan 

12 majority of Commissioners may hold a meeting that 

13 is closed to the public to discuss official business 

14 if— 

15 ‘‘(A) a vote or any other agency action is 

16 not taken at the meeting; 

17 ‘‘(B) each person present at the meeting is 

18 a Commissioner, an employee of the Commis19 sion, a member of a joint board or conference 

20 established under section 410, or a person on 

21 the staff of such a joint board or conference or 

22 of a member of such a joint board or con23 ference; and 


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1 ‘‘(C) an attorney from the Office of Gen2 eral Counsel of the Commission is present at 

3 the meeting. 

4 ‘‘(2) DISCLOSURE OF NONPUBLIC COLLABO5 RATIVE DISCUSSIONS.—Not later than 2 business 

6 days after the conclusion of a meeting held under 

7 paragraph (1), the Commission shall publish a dis8 closure of the meeting, including— 

9 ‘‘(A) a list of the persons who attended the 

10 meeting; and 

11 ‘‘(B) a summary of the matters discussed 

12 at the meeting, except for any matters that the 

13 Commission determines may be withheld under 

14 section 552b(c) of title 5, United States Code. 

15 ‘‘(3) PRESERVATION OF OPEN MEETINGS RE16 QUIREMENTS FOR AGENCY ACTION.—Nothing in this 

17 subsection shall limit the applicability of section 

18 552b of title 5, United States Code, with respect to 

19 a meeting of Commissioners other than that de20 scribed in paragraph (1). 

21 ‘‘(e) ACCESS TO CERTAIN INFORMATION ON COMMIS22 SION’S WEBSITE.—The Commission shall provide direct 

23 access from the homepage of the website of the Commis24 sion to— 

25 ‘‘(1) detailed information regarding— 


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1 ‘‘(A) the budget of the Commission for the 

2 current fiscal year; 

3 ‘‘(B) the appropriations for the Commis4 sion for the current fiscal year; and 

5 ‘‘(C) the total number of full-time equiva6 lent employees of the Commission; and 

7 ‘‘(2) the performance plan most recently made 

8 available by the Commission under section 1115(b) 

9 of title 31, United States Code. 

10 ‘‘(f) FEDERAL REGISTER PUBLICATION.— 

11 ‘‘(1) IN GENERAL.—In the case of any docu12 ment adopted by the Commission that the Commis13 sion is required, under any provision of law, to pub14 lish in the Federal Register, the Commission shall, 

15 not later than the date described in paragraph (2), 

16 complete all Commission actions necessary for the 

17 document to be so published. 

18 ‘‘(2) DATE DESCRIBED.—The date described in 

19 this paragraph is the earlier of— 

20 ‘‘(A) the date that is 60 days after the 

21 date of the release of the document described in 

22 paragraph (1); or 

23 ‘‘(B) the date by which the actions de24 scribed in paragraph (1) must be completed to 


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1 comply with any deadline under any other pro2 vision of law. 

3 ‘‘(3) NO EFFECT ON DEADLINES FOR PUBLICA4 TION IN OTHER FORM.— 

5 ‘‘(A) IN GENERAL.—In the case of a dead6 line that does not specify that the form of pub7 lication is publication in the Federal Register, 

8 the Commission may comply with the deadline 

9 by publishing the document in another form. 

10 ‘‘(B) APPLICABILITY OF FEDERAL REG11 ISTER PUBLICATION REQUIREMENTS.—Publica12 tion of a document in another form as described 

13 in subparagraph (A) shall not relieve the Com14 mission of any Federal Register publication re15 quirement applicable to the document, including 

16 the requirement under paragraph (1). 

17 ‘‘(g) FORM OF PUBLICATION.— 

18 ‘‘(1) IN GENERAL.—In complying with a re19 quirement under this section to publish a document, 

20 the Commission shall publish the document on the 

21 website of the Commission, in addition to publishing 

22 the document in any other form that the Commis23 sion is required to use or is permitted to and chooses 

24 to use. 


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1 ‘‘(2) EXCEPTION.—The Commission shall by 

2 rule establish procedures for redacting documents 

3 required to be published under this section so that 

4 the published versions of the documents do not con5 tain— 

6 ‘‘(A) information the publication of which 

7 would be detrimental to national security, 

8 homeland security, law enforcement, or public 

9 safety; or 

10 ‘‘(B) information that is proprietary or 

11 confidential. 

12 ‘‘(h) TRANSPARENCY RELATING TO PERFORMANCE

13 IN MEETING FOIA REQUIREMENTS.—The Commission 

14 shall take additional steps to inform the public about the 

15 performance and efficiency of the Commission in meeting 

16 the disclosure and other requirements under section 552 

17 of title 5, United States Code (commonly referred to as 

18 the ‘Freedom of Information Act’), including by— 

19 ‘‘(1) publishing on the website of the Commis20 sion the logs used by the Commission for tracking, 

21 responding to, and managing requests submitted 

22 under such section, including the Commission’s fee 

23 estimates, fee categories, and fee request determina24 tions; 


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1 ‘‘(2) releasing to the public all decisions made 

2 by the Commission (including decisions made by the 

3 Bureaus and Offices of the Commission) granting or 

4 denying requests filed under such section, including 

5 any such decisions pertaining to the estimate and 

6 application of fees assessed under such section; 

7 ‘‘(3) publishing on the website of the Commis8 sion electronic copies of documents released under 

9 such section; and 

10 ‘‘(4) presenting, in the annual budget estimates 

11 of the Commission submitted to Congress and the 

12 annual performance and financial reports of the 

13 Commission, information about the handling by the 

14 Commission of requests under such section, includ15 ing— 

16 ‘‘(A) the number of requests under such 

17 section the Commission received during the 

18 most recent fiscal year; 

19 ‘‘(B) the number of requests described in 

20 subparagraph (A) granted and denied; 

21 ‘‘(C) a comparison of the processing of re22 quests described in subparagraph (A) by the 

23 Commission during a period of not less than 

24 the 3 preceding fiscal years; and 


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1 ‘‘(D) a comparison of the results of the 

2 Commission in processing requests described in 

3 subparagraph (A) with the most recent average 

4 for the United States Government as published 

5 on www.foia.gov. 

6 ‘‘(i) PROMPT RELEASE OF STATISTICAL REPORTS

7 AND REPORTS TO CONGRESS.—Not later than January 15 

8 of each year, the Commission shall identify, catalog, and 

9 publish an anticipated release schedule for all statistical 

10 reports and reports to Congress that are regularly or 

11 intermittently released by the Commission and will be re12 leased during the year. 

13 ‘‘(j) ANNUAL SCORE CARD REPORTS.— 

14 ‘‘(1) IN GENERAL.—For the 1-year period be15 ginning on January 1 of each year, the Commission 

16 shall prepare a report on the performance of the 

17 Commission in conducting proceedings and meeting 

18 the guidelines established under subsection 

19 (b)(2)(E). 

20 ‘‘(2) CONTENTS.—Each report required under 

21 paragraph (1) shall contain detailed statistics on the 

22 performance of the Commission as described in 

23 paragraph (1), including, with respect to each bu24 reau or office of the Commission— 


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1 ‘‘(A) with respect to each type of filing 

2 specified in subsection (b)(2)(E)— 

3 ‘‘(i) the number of filings that were 

4 pending on the last day of the period cov5 ered by the report; 

6 ‘‘(ii) the number of filings described 

7 in clause (i) for which each applicable 

8 deadline or guideline established under 

9 such subsection was not met and the aver10 age length of time those filings have been 

11 pending; and 

12 ‘‘(iii) for filings that were resolved 

13 during the period covered by the report, 

14 the average time between initiation and 

15 resolution and the percentage for which 

16 each applicable deadline or guideline estab17 lished under such subsection was met; 

18 ‘‘(B) with respect to proceedings before an 

19 administrative law judge— 

20 ‘‘(i) the number of proceedings com21 pleted during the period covered by the re22 port; and 

23 ‘‘(ii) the number of proceedings pend24 ing on the last day of the period covered 

25 by the report; and 


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1 ‘‘(C) the number of independent studies or 

2 analyses published by the Commission during 

3 the period covered by the report. 

4 ‘‘(3) PUBLICATION AND SUBMISSION.—The 

5 Commission shall publish and submit to the Com6 mittee on Energy and Commerce of the House of 

7 Representatives and the Committee on Commerce 

8 Science, and Transportation of the Senate each re9 port required under paragraph (1) not later than the 

10 date that is 30 days after the last day of the period 

11 covered by the report.’’. 

12 (b) EFFECTIVE DATES AND IMPLEMENTING

13 RULES.— 

14 (1) EFFECTIVE DATES.— 

15 (A) NONPUBLIC COLLABORATIVE DISCUS16 SIONS.—Subsection (d) of section 13 of the 

17 Communications Act of 1934, as added by sub18 section (a), shall apply beginning on the first 

19 date on which all of the procedural changes to 

20 the rules of the Federal Communications Com21 mission required under subsection (b)(1) of 

22 such section have taken effect. 

23 (B) SCHEDULES AND REPORTS.—Sub24 sections (j) and (k) of section 13 of the Com25 munications Act of 1934, as added by subVerDate Sep 11 2014 23:17 Dec 06, 2016 Jkt 069200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6401 E:\BILLS\S421.RS S421

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1 section (a), shall apply with respect to 2015 

2 and any year thereafter. 

3 (2) RULES.—Except as otherwise provided in 

4 section 13 of the Communications Act of 1934, as 

5 added by subsection (a), the Federal Communica6 tions Commission shall promulgate any rules nec7 essary to carry out such section not later than 1 

8 year after the date of enactment of this Act. 

9 SEC. 3. CATEGORIZATION OF TCPA INQUIRIES AND COM10 PLAINTS IN QUARTERLY REPORT. 

11 In compiling its quarterly report with respect to in12 formal consumer inquiries and complaints, the Federal 

13 Communications Commission may not categorize an in14 quiry or complaint with respect to section 227 of the Com15 munications Act of 1934 (47 U.S.C. 227) as being a 

16 wireline inquiry or complaint or a wireless inquiry or com17 plaint unless the party whose conduct is the subject of 

18 the inquiry or complaint is a wireline carrier or a wireless 

19 carrier, respectively. 

20 SEC. 4. EFFECT ON OTHER LAWS. 

21 Nothing in this Act or the amendments made by this 

22 Act shall relieve the Federal Communications Commission 

23 from any obligations under title 5, United States Code, 

24 except where otherwise expressly provided. 


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1 SEC. 5. PROVISION OF EMERGENCY WEATHER INFORMA2 TION; COMMUNICATIONS OF FIRST RESPOND3 ERS. 

4 Nothing in this Act or the amendments made by this 

5 Act shall be construed to impede the Federal Communica6 tions Commission from acting in times of emergency to 

7 ensure the availability of efficient and effective commu8 nications systems— 

9 (1) to alert the public to imminent dangerous 

10 weather conditions; or 

11 (2) for State and local first responders. 

12 SECTION 1. SHORT TITLE. 

13 This Act may be cited as the ‘‘Federal Communica14 tions Commission Process Reform Act of 2015’’. 

15 SEC. 2. FCC PROCESS REFORM. 

16 (a) IN GENERAL.—Title I of the Communications Act 

17 of 1934 (47 U.S.C. 151 et seq.) is amended by adding at 

18 the end the following: 

19 ‘‘SEC. 13. TRANSPARENCY AND EFFICIENCY. 

20 ‘‘(a) DEFINITIONS.—In this section: 

21 ‘‘(1) AMENDMENT.—The term ‘amendment’ in22 cludes, when used with respect to an existing rule, the 

23 deletion of the rule. 

24 ‘‘(2) APPLICATION FOR REVIEW.—The term ‘ap25 plication for review’ means an application for review 


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1 filed under section 1.115 of title 47, Code of Federal 

2 Regulations, or any successor thereto. 

3 ‘‘(3) BIPARTISAN MAJORITY.—The term ‘bipar4 tisan majority’ means, when used with respect to a 

5 group of Commissioners, that the group— 

6 ‘‘(A) is a group of 3 or more Commis7 sioners; and 

8 ‘‘(B) includes— 

9 ‘‘(i) for each political party of which 

10 any Commissioner is a member, not less 

11 than 1 Commissioner who is a member of 

12 the political party; and 

13 ‘‘(ii) if any Commissioner has no po14 litical party affiliation, not less than 1 un15 affiliated Commissioner. 

16 ‘‘(4) PERFORMANCE MEASURE.—The term ‘per17 formance measure’ means an objective and quantifi18 able outcome measure or output measure (as those de19 fined in section 1115 of title 31, United States Code). 

20 ‘‘(5) ECONOMICALLY SIGNIFICANT IMPACT.—The 

21 term ‘economically significant impact’ means an ef22 fect on the economy of $100,000,000 or more annually 

23 or a material adverse effect on the economy, a sector 

24 of the economy, productivity, competition, jobs, the 


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1 environment, public health or safety, or State, local, 

2 or tribal governments or communities. 

3 ‘‘(6) PETITION FOR DECLARATORY RULING.—The 

4 term ‘petition for declaratory ruling’ means a peti5 tion for declaratory ruling filed under section 1.2 of 

6 title 47, Code of Federal Regulations, or any successor 

7 thereto. 

8 ‘‘(7) PETITION FOR RECONSIDERATION.—The 

9 term ‘petition for reconsideration’ means a petition 

10 for reconsideration filed under section 1.106 or 1.429 

11 of title 47, Code of Federal Regulations, or any suc12 cessor thereto. 

13 ‘‘(8) PETITION FOR RULEMAKING.—The term ‘pe14 tition for rulemaking’ means a petition for rule15 making filed under section 1.401 of title 47, Code of 

16 Federal Regulations, or any successor thereto. 

17 ‘‘(9) PROGRAM ACTIVITY.—The term ‘program 

18 activity’— 

19 ‘‘(A) has the meaning given the term in sec20 tion 1115 of title 31, United States Code; and 

21 ‘‘(B) includes any annual collection or dis22 tribution or related series of collections or dis23 tributions by the Commission of an amount not 

24 less than $100,000,000. 


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1 ‘‘(10) OTHER DEFINITIONS.—The terms ‘adju2 dication’, ‘agency action’, ‘ex parte communication’, 

3 ‘rule’, and ‘rulemaking’ have the meanings given the 

4 terms in section 551 of title 5, United States Code. 

5 ‘‘(b) INITIAL RULEMAKING AND INQUIRY.— 

6 ‘‘(1) RULEMAKING.—Not later than 1 year after 

7 the date of enactment of the Federal Communications 

8 Commission Process Reform Act of 2015, the Commis9 sion shall complete a rulemaking proceeding and 

10 adopt procedural changes to the rules of the Commis11 sion to maximize opportunities for public participa12 tion and efficient decision making. 

13 ‘‘(2) REQUIREMENTS FOR RULEMAKING.—The 

14 rules adopted under paragraph (1) shall— 

15 ‘‘(A) set minimum comment periods for 

16 comment and reply comment, subject to a deter17 mination by the Commission that good cause ex18 ists for departing from the minimum comment 

19 periods, for— 

20 ‘‘(i) significant regulatory actions, as 

21 defined in Executive Order 12866 (5 U.S.C. 

22 601 note; relating to regulatory planning 

23 and review); 

24 ‘‘(ii) all other rulemaking proceedings; 

25 and 


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1 ‘‘(iii) petitions for forbearance filed 

2 under section 10(c) of the Communications 

3 Act of 1934 (47 U.S.C. 160(c)); 

4 ‘‘(B) establish policies concerning the sub5 mission of extensive new comments, data, or re6 ports towards the end of a comment period; 

7 ‘‘(C) establish policies regarding treatment 

8 of comments, ex parte communications, and data 

9 or reports (including statistical reports and re10 ports to Congress) submitted after a comment pe11 riod to ensure that the public has adequate no12 tice of and opportunity to respond to the submis13 sions before the Commission relies on the submis14 sions in any order, decision, report, or action; 

15 ‘‘(D) establish procedures for publishing the 

16 status of open rulemaking proceedings and pro17 posed orders, decisions, reports, or actions on cir18 culation for review by the Commissioners, in19 cluding which Commissioners have not cast a 

20 vote on an order, decision, report, or action that 

21 has been on circulation for more than 60 days; 

22 ‘‘(E) establish guidelines (relative to the 

23 date of filing) for issuing a public notice of— 

24 ‘‘(i) a petition for declaratory ruling; 

25 ‘‘(ii) a petition for rulemaking; 


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1 ‘‘(iii) a petition for reconsideration; or 

2 ‘‘(iv) an application for review; 

3 ‘‘(F) require each notice of proposed rule4 making to include the specific language of the 

5 proposed rule or the proposed amendment of an 

6 existing rule; 

7 ‘‘(G) require each petition filed with the 

8 Commission to be— 

9 ‘‘(i) put out for public notice, subject to 

10 the minimum comment and reply comment 

11 periods established under subparagraph (A); 

12 or 

13 ‘‘(ii) disposed of pursuant to an order 

14 of dismissal; 

15 ‘‘(H) require each new notice of proposed 

16 rulemaking or order adopting a rule or amend17 ing an existing rule that creates (or proposes to 

18 create) a program activity to contain perform19 ance measures for evaluating the effectiveness of 

20 the program activity; 

21 ‘‘(I) require each notice of proposed rule22 making or order adopting a rule or amending an 

23 existing rule that substantially changes (or pro24 poses to substantially change) a program activ25 ity to contain— 


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1 ‘‘(i) performance measures for evalu2 ating the effectiveness of the program activ3 ity as changed (or proposed to be changed); 

4 or 

5 ‘‘(ii) a finding that existing perform6 ance measures will effectively evaluate the 

7 program activity as changed (or proposed to 

8 be changed); 

9 ‘‘(J) require each notice of proposed rule10 making to include— 

11 ‘‘(i) an identification of a notice of in12 quiry, a prior notice of proposed rule13 making, or a notice on a petition for rule14 making, issued by the Commission during 

15 the 3-year period preceding the date on 

16 which the notice of proposed rulemaking 

17 concerned is issued and of which such notice 

18 is a logical outgrowth; 

19 ‘‘(ii) an order of a court reviewing ac20 tion by the Commission or otherwise direct21 ing the Commission to act that the court 

22 issued during the 3-year period preceding 

23 the date on which the notice of proposed 

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1 sponse to which such notice is being issued; 

2 or 

3 ‘‘(iii) a finding (together with a brief 

4 statement of reasons therefor)— 

5 ‘‘(I) that the proposed rule or the 

6 proposed amendment of an existing 

7 rule will not impose additional bur8 dens on industry or consumers; and 

9 ‘‘(II) for good cause, that a notice 

10 of inquiry is impracticable, unneces11 sary, or contrary to the public interest; 

12 ‘‘(K) require each notice of proposed rule13 making or order adopting a rule or amending an 

14 existing rule that may have an economically sig15 nificant impact, to contain— 

16 ‘‘(i) an identification and analysis of 

17 the specific market failure, actual consumer 

18 harm, burden of existing regulation, or fail19 ure of public institutions that warrants the 

20 adoption or amendment; and 

21 ‘‘(ii) a reasoned determination that the 

22 benefits of the adoption or amendment jus23 tify the costs (recognizing that some benefits 

24 and costs are difficult to quantify), taking 

25 into account alternative forms of regulation 


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1 and the need to tailor regulation to impose 

2 the least burden on society, consistent with 

3 obtaining regulatory objectives; 

4 ‘‘(L) establish procedures under which a 

5 Commissioner, with respect to an order, decision, 

6 report, or action of a bureau or office of the 

7 Commission, may require the entire Commission 

8 to vote on whether to— 

9 ‘‘(i) affirm, modify, or set aside the 

10 order, decision, report, or action; or 

11 ‘‘(ii) order a rehearing upon the order, 

12 decision, report, or action in accordance 

13 with section 405; 

14 ‘‘(M) establish procedures for publishing the 

15 language of a rule or amendment of an existing 

16 rule for a period of not fewer than 21 days before 

17 the date on which a vote on the rule or amend18 ment to an existing rule begins; and 

19 ‘‘(N) establish procedures to, when pub20 lishing an item adopted by the Commission, 

21 identify any changes made to the item after its 

22 adoption. 

23 ‘‘(3) INQUIRY.—Not later than 1 year after the 

24 date of enactment of the Federal Communications 

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1 sion shall complete an inquiry to seek public comment 

2 on whether and how the Commission should— 

3 ‘‘(A) establish procedures for informing all 

4 Commissioners of a reasonable number of options 

5 available to the Commission for resolving a peti6 tion, complaint, application, rulemaking, or 

7 other proceeding; 

8 ‘‘(B) establish procedures for ensuring that 

9 all Commissioners have adequate time, prior to 

10 being required to decide a petition, complaint, 

11 application, rulemaking, or other proceeding (in12 cluding at a meeting held under section 5(d)), to 

13 review the proposed Commission decision docu14 ment, including the specific language of any pro15 posed rule or any proposed amendment of an ex16 isting rule; 

17 ‘‘(C) establish deadlines (relative to the date 

18 of filing) for disposition of applications for a li19 cense under section 1.913 of title 47, Code of 

20 Federal Regulations; 

21 ‘‘(D) assign resources needed to meet the 

22 deadlines described in subparagraph (C), includ23 ing whether the ability of the Commission to 

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1 sessing a fee from applicants for a license de2 scribed in subparagraph (C); and 

3 ‘‘(E) publish each order, decision, report, or 

4 action not later than 30 days after the date of 

5 the adoption of the order, decision, report, or ac6 tion. 

7 ‘‘(4) DATA FOR PERFORMANCE MEASURES.—The 

8 Commission shall develop a performance measure or 

9 proposed performance measure required under this 

10 subsection to rely, where possible, on data already col11 lected by the Commission. 

12 ‘‘(c) PERIODIC REVIEW.—On the date that is 5 years 

13 after the completion of the rulemaking proceeding under 

14 subsection (b)(1), and every 5 years thereafter, the Commis15 sion shall initiate a new rulemaking proceeding to continue 

16 to consider any procedural changes to the rules of the Com17 mission that may be in the public interest to maximize op18 portunities for public participation and efficient decision19 making. 

20 ‘‘(d) NONPUBLIC COLLABORATIVE DISCUSSIONS.— 

21 ‘‘(1) IN GENERAL.—Notwithstanding section 

22 552b of title 5, United States Code, a bipartisan ma23 jority of Commissioners may hold a meeting that is 

24 closed to the public to discuss official business if— 


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1 ‘‘(A) a vote or any other agency action is 

2 not taken at the meeting; 

3 ‘‘(B) each person present at the meeting is 

4 a Commissioner, an employee of the Commission, 

5 a member of a joint board or conference estab6 lished under section 410, or a person on the staff 

7 of such a joint board or conference or of a mem8 ber of such a joint board or conference; and 

9 ‘‘(C) an attorney from the Office of General 

10 Counsel of the Commission is present at the 

11 meeting. 

12 ‘‘(2) DISCLOSURE OF NONPUBLIC COLLABO13 RATIVE DISCUSSIONS.—Not later than 2 business days 

14 after the conclusion of a meeting held under para15 graph (1), the Commission shall publish a disclosure 

16 of the meeting, including— 

17 ‘‘(A) a list of the persons who attended the 

18 meeting; and 

19 ‘‘(B) a summary of the matters discussed at 

20 the meeting, except for any matters that the 

21 Commission determines may be withheld under 

22 section 552b(c) of title 5, United States Code. 

23 ‘‘(3) PRESERVATION OF OPEN MEETINGS RE24 QUIREMENTS FOR AGENCY ACTION.—Nothing in this 

25 subsection shall limit the applicability of section 552b 


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1 of title 5, United States Code, with respect to a meet2 ing of Commissioners other than that described in 

3 paragraph (1). 

4 ‘‘(e) ACCESS TO CERTAIN INFORMATION ON COMMIS5 SION’S WEBSITE.—The Commission shall provide direct ac6 cess from the homepage of the website of the Commission 

7 to— 

8 ‘‘(1) detailed information regarding— 

9 ‘‘(A) the budget of the Commission for the 

10 current fiscal year; 

11 ‘‘(B) the appropriations for the Commission 

12 for the current fiscal year; and 

13 ‘‘(C) the total number of full-time equiva14 lent employees of the Commission; and 

15 ‘‘(2) the performance plan most recently made 

16 available by the Commission under section 1115(b) of 

17 title 31, United States Code. 

18 ‘‘(f) FEDERAL REGISTER PUBLICATION.— 

19 ‘‘(1) IN GENERAL.—In the case of any document 

20 adopted by the Commission that the Commission is 

21 required, under any provision of law, to publish in 

22 the Federal Register, the Commission shall, not later 

23 than the date described in paragraph (2), complete all 

24 Commission actions necessary for the document to be 

25 so published. 


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1 ‘‘(2) DATE DESCRIBED.—The date described in 

2 this paragraph is the earlier of— 

3 ‘‘(A) the date that is 60 days after the date 

4 of the release of the document described in para5 graph (1); or 

6 ‘‘(B) the date by which the actions described 

7 in paragraph (1) must be completed to comply 

8 with any deadline under any other provision of 

9 law. 

10 ‘‘(3) NO EFFECT ON DEADLINES FOR PUBLICA11 TION IN OTHER FORM.— 

12 ‘‘(A) IN GENERAL.—In the case of a dead13 line that does not specify that the form of publi14 cation is publication in the Federal Register, the 

15 Commission may comply with the deadline by 

16 publishing the document in another form. 

17 ‘‘(B) APPLICABILITY OF FEDERAL REGISTER

18 PUBLICATION REQUIREMENTS.—Publication of a 

19 document in another form as described in sub20 paragraph (A) shall not relieve the Commission 

21 of any Federal Register publication requirement 

22 applicable to the document, including the re23 quirement under paragraph (1). 

24 ‘‘(g) FORM OF PUBLICATION.— 


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1 ‘‘(1) IN GENERAL.—In complying with a re2 quirement under this section to publish a document, 

3 the Commission shall publish the document on the 

4 website of the Commission, in addition to publishing 

5 the document in any other form that the Commission 

6 is required to use or is permitted to and chooses to 

7 use. 

8 ‘‘(2) EXCEPTION.—The Commission shall by rule 

9 establish procedures for redacting documents required 

10 to be published under this section so that the pub11 lished versions of the documents do not contain— 

12 ‘‘(A) information the publication of which 

13 would be detrimental to national security, home14 land security, law enforcement, or public safety; 

15 or 

16 ‘‘(B) information that is proprietary or 

17 confidential. 

18 ‘‘(h) TRANSPARENCY RELATING TO PERFORMANCE IN

19 MEETING FOIA REQUIREMENTS.—The Commission shall 

20 take additional steps to inform the public about the per21 formance and efficiency of the Commission in meeting the 

22 disclosure and other requirements under section 552 of title 

23 5, United States Code (commonly referred to as the ‘Free24 dom of Information Act’), including by— 


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1 ‘‘(1) publishing on the website of the Commission 

2 the logs used by the Commission for tracking, re3 sponding to, and managing requests submitted under 

4 such section, including the Commission’s fee esti5 mates, fee categories, and fee request determinations; 

6 ‘‘(2) releasing to the public all decisions made by 

7 the Commission (including decisions made by the Bu8 reaus and Offices of the Commission) granting or de9 nying requests filed under such section, including any 

10 such decisions pertaining to the estimate and applica11 tion of fees assessed under such section; 

12 ‘‘(3) publishing on the website of the Commission 

13 electronic copies of documents released under such sec14 tion; and 

15 ‘‘(4) presenting, in the annual budget estimates 

16 of the Commission submitted to Congress and the an17 nual performance and financial reports of the Com18 mission, information about the handling by the Com19 mission of requests under such section, including— 

20 ‘‘(A) the number of requests under such sec21 tion the Commission received during the most re22 cent fiscal year; 

23 ‘‘(B) the number of requests described in 

24 subparagraph (A) granted and denied; 


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1 ‘‘(C) a comparison of the processing of re2 quests described in subparagraph (A) by the 

3 Commission during a period of not less than the 

4 3 preceding fiscal years; and 

5 ‘‘(D) a comparison of the results of the 

6 Commission in processing requests described in 

7 subparagraph (A) with the most recent average 

8 for the United States Government as published 

9 on www.foia.gov. 

10 ‘‘(i) PROMPT RELEASE OF STATISTICAL REPORTS AND

11 REPORTS TO CONGRESS.—Not later than January 15 of 

12 each year, the Commission shall identify, catalog, and pub13 lish an anticipated release schedule for all statistical reports 

14 and reports to Congress that are regularly or intermittently 

15 released by the Commission and will be released during the 

16 year. 

17 ‘‘(j) ANNUAL SCORE CARD REPORTS.— 

18 ‘‘(1) IN GENERAL.—For the 1-year period begin19 ning on January 1 of each year, the Commission 

20 shall prepare a report on the performance of the Com21 mission in conducting proceedings and meeting the 

22 guidelines established under subsection (b)(2)(E). 

23 ‘‘(2) CONTENTS.—Each report required under 

24 paragraph (1) shall contain detailed statistics on the 

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1 graph (1), including, with respect to each bureau or 

2 office of the Commission— 

3 ‘‘(A) with respect to each type of filing spec4 ified in subsection (b)(2)(E)— 

5 ‘‘(i) the number of filings that were 

6 pending on the last day of the period cov7 ered by the report; 

8 ‘‘(ii) the number of filings described in 

9 clause (i) for which each applicable deadline 

10 or guideline established under such sub11 section was not met and the average length 

12 of time those filings have been pending; and 

13 ‘‘(iii) for filings that were resolved dur14 ing the period covered by the report, the av15 erage time between initiation and resolution 

16 and the percentage for which each applica17 ble deadline or guideline established under 

18 such subsection was met; 

19 ‘‘(B) with respect to proceedings before an 

20 administrative law judge— 

21 ‘‘(i) the number of proceedings com22 pleted during the period covered by the re23 port; and 


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1 ‘‘(ii) the number of proceedings pend2 ing on the last day of the period covered by 

3 the report; and 

4 ‘‘(C) the number of independent studies or 

5 analyses published by the Commission during the 

6 period covered by the report. 

7 ‘‘(3) PUBLICATION AND SUBMISSION.—The Com8 mission shall publish and submit to the Committee on 

9 Energy and Commerce of the House of Representa10 tives and the Committee on Commerce Science, and 

11 Transportation of the Senate each report required 

12 under paragraph (1) not later than the date that is 

13 30 days after the last day of the period covered by the 

14 report.’’. 

15 (b) EFFECTIVE DATES AND IMPLEMENTING RULES.— 

16 (1) EFFECTIVE DATES.— 

17 (A) NONPUBLIC COLLABORATIVE DISCUS18 SIONS.—Subsection (d) of section 13 of the Com19 munications Act of 1934, as added by subsection 

20 (a), shall apply beginning on the first date on 

21 which all of the procedural changes to the rules 

22 of the Federal Communications Commission re23 quired under subsection (b)(1) of such section 

24 have taken effect. 


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1 (B) SCHEDULES AND REPORTS.—Sub2 section (j) of section 13 of the Communications 

3 Act of 1934, as added by subsection (a), shall 

4 apply with respect to 2015 and any year there5 after. 

6 (2) RULES.—Except as otherwise provided in 

7 section 13 of the Communications Act of 1934, as 

8 added by subsection (a), the Federal Communications 

9 Commission shall promulgate any rules necessary to 

10 carry out such section not later than 1 year after the 

11 date of enactment of this Act. 

12 SEC. 3. CATEGORIZATION OF TCPA INQUIRIES AND COM13 PLAINTS IN QUARTERLY REPORT. 

14 In compiling its quarterly report with respect to infor15 mal consumer inquiries and complaints, the Federal Com16 munications Commission may not categorize an inquiry or 

17 complaint with respect to section 227 of the Communica18 tions Act of 1934 (47 U.S.C. 227) as being a wireline in19 quiry or complaint or a wireless inquiry or complaint un20 less the party whose conduct is the subject of the inquiry 

21 or complaint is a wireline carrier or a wireless carrier, re22 spectively. 

23 SEC. 4. EFFECT ON OTHER LAWS. 

24 Nothing in this Act or the amendments made by this 

25 Act shall relieve the Federal Communications Commission 


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1 from any obligations under title 5, United States Code, ex2 cept where otherwise expressly provided. 

3 SEC. 5. PROVISION OF EMERGENCY WEATHER INFORMA4 TION; COMMUNICATIONS OF FIRST RESPOND5 ERS. 

6 Nothing in this Act or the amendments made by this 

7 Act shall be construed to impede the Federal Communica8 tions Commission from acting in times of emergency to en9 sure the availability of efficient and effective communica10 tions systems— 

11 (1) to alert the public to imminent dangerous 

12 weather conditions; or 

13 (2) for State and local first responders. 


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Calendar No. 699 

114TH CONGRESS 

2D SESSION S. 421 

A BILL 

To amend the Communications Act of 1934 to pronications Commission, and for other purposes. the procedures followed by the Federal Commu- vide for greater transparency and efficiency in 

DECEMBER 6, 2016 

Reported with an amendment 


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