Federal Communications Commission Process Reform Act of 2014

Bill: 113-hr-3675
Sponsor: Rep. Walden, Greg [R-OR-2]
Introduced: 2013-12-09 in the House
Policy area: Science, Technology, Communications
Subjects: Administrative law and regulatory procedures
Atmospheric science and weather
Census and government statistics
Congressional oversight
Consumer affairs
Economic performance and conditions
Emergency communications systems
Executive agency funding and structure
Federal Communications Commission (FCC)
Freedom of information
Government information and archives
Government studies and investigations
Licensing and registrations
Performance measurement
Telecommunication rates and fees
Telephone and wireless communication

Summary:
action_date: 2013-12-09
text: 
Federal Communications Commission Process Reform Act of 2013 - Amends the Communications Act of 1934 to establish procedural requirements for the Federal Communications Commission (FCC) concerning: (1) the issuance of proposed rulemaking notices, including the time periods for comments and replies and any necessary findings, background information, or performance measures that must be contained in such notices; (2) FCC Commissioners' deliberations, including public notice requirements, schedules, and publication deadlines for decisions, orders, open rulemakings, closed meetings, ex parte communications, reports to Congress, and Federal Register publications; and (3) the agency information and documents required to be made publicly available on the FCC website. 
 
Requires the FCC, before adopting or amending a rule that may have an economically significant impact, to: (1) analyze the specified market failure, actual consumer harm, burden of existing regulation, or failure of public institutions that warrants the rule or amendment; (2) determine that the benefits justify its costs; and (3) find that market forces are unlikely to resolve the underlying issues within a reasonable period of time. Prohibits a cost-benefit analysis determination from being subject to judicial review.
 
Defines "economically significant impact" as an effect on the economy of at least $100 million annually or a material adverse effect on the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal governments or communities.
 
Sets forth standards that restrict the FCC's authority to conditionally approve line and license transfers and other transactions. Requires any such conditional approval to: (1) remedy a harm that would likely arise as a direct result of the specific transfer or transaction (such that the harm is not presented by persons not involved in such transfer or transaction), and (2) be within the FCC's jurisdiction apart from its authority to review the transaction. Prohibits the FCC from considering a voluntary commitment of a party to such transfer or transaction unless the FCC could adopt that commitment as a condition under such standards.
 
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.

action_date: 2014-01-31
text: 
Federal Communications Commission Process Reform Act of 2013 - (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 &quot;program activity&quot; 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) Exempts permanently from the Antideficiency Act (prohibits expenditures or obligations of federal funds exceeding an amount available in an appropriation or fund) the collection of Universal Service Fund contributions and the use of such contributions for universal service support programs. (Currently, universal service funds are collected and distributed under a temporary waiver provided in the Universal Service Antideficiency Temporary Suspension Act.)

action_date: 2014-03-11
text: 
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 &quot;program activity&quot; 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.


Legislative actions:
action_date: 2014-03-12
text: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2014-03-11
text: The title of the measure was amended. Agreed to without objection.
action_date: 2014-03-11
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (consideration: CR H2281-2282)
action_date: 2014-03-11
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(consideration: CR H2281-2282)
action_date: 2014-03-11
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 3675.
action_date: 2014-03-11
text: Considered under suspension of the rules. (consideration: CR H2280-2284)
action_date: 2014-03-11
text: Mr. Walden moved to suspend the rules and pass the bill, as amended. (consideration: CR H2280-2281)
action_date: 2014-01-31
text: Placed on the Union Calendar, Calendar No. 251.
action_date: 2014-01-31
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 113-338.
action_date: 2014-01-31
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 113-338.
action_date: 2013-12-10
text: Committee Consideration and Mark-up Session Held.
action_date: 2013-12-09
text: Referred to the House Committee on Energy and Commerce.
action_date: 2013-12-09
text: Introduced in House
action_date: 2013-12-09
text: Introduced in House