Federal Communications Commission Process Reform Act of 2014

To amend the Communications Act of 1934 to provide for greater transparency and efficiency in the procedures followed by the Federal Communications Commission. 1. Short title This Act may be cited as the Federal Communications Commission Process Reform Act of 2013 2. FCC process reform (a) In general Title I of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. 13. Transparency and efficiency (a) Initial rulemaking and inquiry (1) Rulemaking Not later than 1 year after the date of the enactment of the Federal Communications Commission Process Reform Act of 2013 (2) Requirements for rulemaking The rules adopted under paragraph (1) shall— (A) set minimum comment periods for comment and reply comment, subject to a determination by the Commission that good cause exists for departing from such minimum comment periods, for— (i) significant regulatory actions, as defined in Executive Order 12866; and (ii) all other rulemaking proceedings; (B) establish policies concerning the submission of extensive new comments, data, or reports towards the end of the comment period; (C) establish policies regarding treatment of comments, ex parte communications, and data or reports (including statistical reports and reports to Congress) 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 order, decision, report, or action; (D) establish procedures for publishing the status of open rulemaking proceedings and proposed orders, decisions, reports, or actions on circulation for review by the Commissioners, including which Commissioners have not cast a vote on an order, decision, report, or action that has been on circulation for more than 60 days; (E) establish deadlines (relative to the date of filing) for— (i) in the case of a petition for a declaratory ruling under section 1.2 (ii) in the case of a petition for rulemaking under section 1.401 of such title, issuing a public notice of such petition; and (iii) in the case of a petition for reconsideration under section 1.106 or 1.429 of such title or an application for review under section 1.115 of such title, issuing a public notice of a decision on the petition or application by the Commission or under delegated authority (as the case may be); (F) establish guidelines (relative to the date of filing) for the disposition of petitions filed under section 1.2 of such title; (G) 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 rulemaking; and (H) require notices of proposed rulemaking and orders adopting a rule or amending an existing rule that— (i) create (or propose to create) a program activity to contain performance measures for evaluating the effectiveness of the program activity; and (ii) substantially change (or propose to substantially change) a program activity to contain— (I) performance measures for evaluating the effectiveness of the program activity as changed (or proposed to be changed); or (II) a finding that existing performance measures will effectively evaluate the program activity as changed (or proposed to be changed). (3) Inquiry Not later than 1 year after the date of the enactment of the Federal Communications Commission Process Reform Act of 2013 (A) establish procedures for allowing a bipartisan majority of Commissioners to place an order, decision, report, or action on the agenda of an open meeting; (B) establish procedures for informing all Commissioners of a reasonable number of options available to the Commission for resolving a petition, complaint, application, rulemaking, or other proceeding; (C) establish procedures for ensuring that all Commissioners have adequate time, prior to being required to decide a petition, complaint, application, rulemaking, or other proceeding (including at a meeting held pursuant to section 5(d)), to review the proposed Commission decision document, including the specific language of any proposed rule or any proposed amendment of an existing rule; (D) 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 taken; (E) establish deadlines (relative to the date of filing) for disposition of applications for a license under section 1.913 (F) assign resources needed in order to meet the deadlines described in subparagraph (E), including whether the Commission’s ability to meet such deadlines would be enhanced by assessing a fee from applicants for such a license; and (G) publish each order, decision, report, or action not later than 30 days after the date of the adoption of such order, decision, report, or action. (4) Data for performance measures The Commission shall develop a performance measure or proposed performance measure required by this subsection to rely, where possible, on data already collected by the Commission. (b) Periodic review On the date that is 5 years after the completion of the rulemaking proceeding under subsection (a)(1), and every 5 years thereafter, 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 decisionmaking. (c) Nonpublic collaborative discussions (1) In general Notwithstanding section 552b (A) a vote or any other agency action is not taken at such meeting; (B) each person present at such meeting is a Commissioner, an employee of the Commission, a member of a joint board or conference established under section 410, or a person on the staff of such a joint board or conference or of a member of such a joint board or conference; and (C) an attorney from the Office of General Counsel of the Commission is present at such meeting. (2) Disclosure of nonpublic collaborative discussions Not later than 2 business days after the conclusion of a meeting held under paragraph (1), the Commission shall publish a disclosure of such meeting, including— (A) a list of the persons who attended such meeting; and (B) a summary of the matters discussed at such meeting, except for such matters as the Commission determines may be withheld under section 552b(c) (3) Preservation of open meetings requirements for agency action Nothing in this subsection shall limit the applicability of section 552b (d) Access to certain information on Commission’s website The Commission shall provide direct access from the homepage of its website to— (1) detailed information regarding— (A) the budget of the Commission for the current fiscal year; (B) the appropriations for the Commission for such fiscal year; and (C) the total number of full-time equivalent employees of the Commission; and (2) the performance plan most recently made available by the Commission under section 1115(b) (e) Federal Register publication (1) In general In the case of any document adopted by the Commission that the Commission is required, under any provision of law, to publish in the Federal Register, the Commission shall, not later than the date described in paragraph (2), complete all Commission actions necessary for such document to be so published. (2) Date described The date described in this paragraph is the earlier of— (A) the day that is 45 days after the date of the release of the document; or (B) the day by which such actions must be completed to comply with any deadline under any other provision of law. (3) 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 Register, the Commission may comply with such deadline by publishing the document in another form. Such other form of publication does not relieve the Commission of any Federal Register publication requirement applicable to such document, including the requirement of paragraph (1). (f) Consumer complaint database (1) In general In evaluating and processing consumer complaints, the Commission shall present information about such complaints in a publicly available, searchable database on its website that— (A) facilitates easy use by consumers; and (B) to the extent practicable, is sortable and accessible by— (i) the date of the filing of the complaint; (ii) the topic of the complaint; (iii) the party complained of; and (iv) other elements that the Commission considers in the public interest. (2) Duplicative complaints In the case of multiple complaints arising from the same alleged misconduct, the Commission shall be required to include only information concerning one such complaint in the database described in paragraph (1). (g) Form of publication (1) In general In complying with a requirement of this section to publish a document, the Commission shall publish such document on its website, in addition to publishing such document in any other form that the Commission is required to use or is permitted to and chooses to use. (2) 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— (A) information the publication of which would be detrimental to national security, homeland security, law enforcement, or public safety; or (B) information that is proprietary or confidential. (h) 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 552 (1) Publishing on the Commission’s website the Commission’s logs for tracking, responding to, and managing requests submitted under such section, including the Commission’s fee estimates, fee categories, and fee request determinations. (2) Releasing to the public all decisions made by the Commission (including decisions made by the Commission’s Bureaus and Offices) granting or denying requests filed under such section, including any such decisions pertaining to the estimate and application of fees assessed under such section. (3) Publishing on the Commission’s website electronic copies of documents released under such section. (4) 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 reports. Such information shall include the number of requests under such section the Commission received in the most recent fiscal year, the number of such requests granted and denied, a comparison of the Commission’s processing of such requests over at least the previous 3 fiscal years, and a comparison of the Commission’s results with the most recent average for the United States Government as published on www.foia.gov. (i) Prompt release of statistical reports and reports to Congress Not later than January 15th of each year, the Commission shall identify, catalog, 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 year. (j) Annual scorecard reports (1) In general For the 1-year period beginning on January 1st of each year, the Commission shall prepare a report on the performance of the Commission in conducting its proceedings and meeting the deadlines established under subsection (a)(2)(E) and the guidelines established under subsection (a)(2)(F). (2) Contents Each report required by paragraph (1) shall contain detailed statistics on such performance, including, with respect to each Bureau of the Commission— (A) with respect to each type of filing specified in subsection (a)(2)(E) or (a)(2)(F)— (i) the number of filings that were pending on the last day of the period covered by such report; (ii) the number of filings described in clause (i) for which each applicable deadline or guideline established under such subsection was not met and the average length of time such filings have been pending; and (iii) for filings that were resolved during such period, the average time between initiation and resolution and the percentage for which each applicable deadline or guideline established under such subsection was met; (B) with respect to proceedings before an administrative law judge— (i) the number of such proceedings completed during such period; and (ii) the number of such proceedings pending on the last day of such period; and (C) the number of independent studies or analyses published by the Commission during such period. (3) 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 Commerce, Science, and Transportation of the Senate each report required by paragraph (1) not later than the date that is 30 days after the last day of the period covered by such report. (k) Definitions In this section: (1) Amendment The term amendment (2) Bipartisan majority The term bipartisan majority (A) is a group of 3 or more Commissioners; and (B) includes, for each political party of which any Commissioner is a member, at least 1 Commissioner who is a member of such political party, and, if any Commissioner has no political party affiliation, at least one unaffiliated Commissioner. (3) Performance measure The term performance measure section 1115 (4) Program activity The term program activity section 1115 (5) Other definitions The terms agency action ex parte communication rule section 551 . (b) Effective dates and implementing rules (1) Effective dates (A) Nonpublic collaborative discussions Subsection (c) of section 13 of the Communications Act of 1934, as added by subsection (a), 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 (a)(1) of such section have taken effect. (B) Schedules and reports Subsections (i) and (j) of such section 13 shall apply with respect to 2014 and any year thereafter. (2) Rules Except as otherwise provided in such section 13, the Federal Communications Commission shall promulgate any rules necessary to carry out such section not later than 1 year after the date of the enactment of this Act. 3. Categorization of TCPA inquiries and complaints in quarterly report In compiling its quarterly report with respect to informal consumer inquiries and complaints, the Federal Communications Commission may not categorize an inquiry or complaint with respect to section 227 of the Communications Act of 1934 ( 47 U.S.C. 227 4. 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 5, United States Code, except where otherwise expressly provided. 5. Application of Antideficiency Act to Universal Service Program (a) In general Section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 (m) Application of Antideficiency Act Section 1341 and subchapter II of chapter 15 (1) to any amount collected or received as Federal universal service contributions required by this section, including any interest earned on such contributions; or (2) to the expenditure or obligation of amounts attributable to such contributions for universal service support programs established pursuant to this section. . (b) Repeal of temporary provision Title III of Public Law 108–494 Amend the title so as to read: 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. January 31, 2014 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Summary: Federal Communications Commission Process Reform Act of 2014 - (Sec. 2) Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to complete a rulemaking proceeding to adopt rules establishing: minimum comment and reply periods for rulemakings; policies to ensure that the public has notice and an opportunity to respond to comments, ex parte communications, or materials submitted toward the end of, or after, the comment period; procedures for publishing the status of open rulemakings and items circulated for Commissioners' review; deadlines for public notice, and guidelines for disposition, of certain petitions; and procedures to include the specific language of proposed rules or amendments in proposed rulemaking notices. Requires performance measures to be included in notices of proposed rulemakings or orders that would create or substantially change a program activity. Defines "program activity" as a specific activity or project as listed in the program and financing schedules of the U.S. annual budget, including any annual collection or distribution or related series of collections or distributions by the FCC of $100 million or more. Directs the FCC to seek public comment regarding whether the FCC should: (1) establish procedures for allowing a bipartisan majority of Commissioners to place items on an open meeting agenda and for publishing in advance of such meetings the text of agenda items on which the FCC will vote; (2) establish deadlines for the disposition of certain license applications; and (3) publish orders, decisions, reports, and actions within 30 days after adoption. Requires the FCC to initiate a new rulemaking proceeding every five years to continue its consideration of procedural rule changes. Allows a bipartisan majority of Commissioners to hold a nonpublic meeting, including a meeting to collaborate with joint boards or conferences, if: (1) no votes or actions are taken, and (2) an attorney from the FCC's Office of General Counsel is present. Requires such a closed meeting to be disclosed within two business days after the meeting, along with a list of persons in attendance and a summary of discussed matters, provided that such matters are not classified or otherwise exempt from disclosure. Directs the FCC to provide on its website: (1) information regarding the FCC's budget, appropriations, and total number of full-time equivalent employees; (2) the FCC's annual performance plan; and (3) information about consumer complaints in a publicly available, searchable database. Directs the FCC to complete actions necessary for the required publication of documents in the Federal Register within specified time frames. Requires the FCC to inform the public about its performance and efficiency in meeting disclosure and other requirements under the Freedom of Information Act (FOIA), including by: (1) publishing on the FCC website its logs for managing FOIA requests and associated fees, (2) releasing decisions to grant or deny requests, and (3) presenting information about the number of FOIA requests received and granted or denied by the FCC in its annual budget estimates and annual performance and financial reports. Directs the FCC, by January 15th of each year, to publish on its website and in other required formats an anticipated release schedule for all statistical reports and reports to Congress. Requires annual reports to Congress on the FCC's performance in conducting its proceedings and meeting the deadlines and guidelines established by this Act. (Sec. 3) Prohibits the FCC, in compiling its quarterly report with respect to informal consumer inquiries and complaints, from categorizing an inquiry or complaint under the Telephone Consumer Protection Act of 1991 (places restrictions on telephone solicitations and automatic dialing systems) as a wireline or wireless inquiry or complaint unless a wireline or wireless carrier was the subject of the inquiry or complaint. (Sec. 5) Amends the Universal Service Antideficiency Temporary Suspension Act to extend through December 31, 2020, the waiver of certain limitations on: (1) expending, obligating, or apportioning appropriations with respect to federal universal service contributions collected or received under the Communications Act of 1934; and (2) expending or obligating funds attributable to such contributions for universal service support programs.