Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	3,223	n/a	n/a
Reported in House	3,927	19	24%
Engrossed in House	4,136	15	16%
Referred in Senate	4,109	5 Show Changes Hide Changes	3%

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HR 3309 EHRFSCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 3309CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Federal Communications Commission Process Reform Act of 2012’.CommentsClose CommentsPermalink

SEC. 2. FCC PROCESS REFORM.

(a) In General- Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by inserting after section 12 the following new section:CommentsClose CommentsPermalink

‘SEC. 13. TRANSPARENCY AND EFFICIENCY.

‘(a) Rulemaking Requirements-CommentsClose CommentsPermalink





‘(1) REQUIREMENTS FOR NOTICES OF PROPOSED RULEMAKING- The Commission may not issue a notice of proposed rulemaking unless the Commission provides for a period of not less than 30 days for the submission of comments and an additional period of not less than 30 days for the submission of reply comments on such notice and the Commission includes in such notice the following:CommentsClose CommentsPermalink





‘(A) Either--CommentsClose CommentsPermalink





‘(i) an identification of--CommentsClose CommentsPermalink





‘(I) a notice of inquiry, a prior notice of proposed rulemaking, or a notice on a petition for rulemaking issued by the Commission during the 3-year period preceding the issuance of the notice of proposed rulemaking concerned and of which such notice is a logical outgrowth; orCommentsClose CommentsPermalink





‘(II) an order of a court reviewing action by the Commission or otherwise directing the Commission to act that was issued by the court during the 3-year period preceding the issuance of the notice of proposed rulemaking concerned and in response to which such notice is being issued; orCommentsClose CommentsPermalink





‘(ii) a finding (together with a brief statement of reasons therefor)--CommentsClose CommentsPermalink





‘(I) that the proposed rule or the proposed amendment of an existing rule will not impose additional burdens on industry or consumers; orCommentsClose CommentsPermalink





‘(II) for good cause, that a notice of inquiry is impracticable, unnecessary, or contrary to the public interest.CommentsClose CommentsPermalink





‘(B) The specific language of the proposed rule or the proposed amendment of an existing rule.CommentsClose CommentsPermalink





‘(C) In the case of a proposal to create a program activity, proposed performance measures for evaluating the effectiveness of the program activity.CommentsClose CommentsPermalink





‘(D) In the case of a proposal to substantially change a program activity--CommentsClose CommentsPermalink





‘(i) proposed performance measures for evaluating the effectiveness of the program activity as proposed to be changed; orCommentsClose CommentsPermalink





‘(ii) a proposed finding that existing performance measures will effectively evaluate the program activity as proposed to be changed.CommentsClose CommentsPermalink





‘(2) REQUIREMENTS FOR RULES- Except as provided in the 3rd sentence of section 553(b) of title 5, United States Code, the Commission may not adopt or amend a rule unless--CommentsClose CommentsPermalink





‘(A) the specific language of the adopted rule or the amendment of an existing rule is a logical outgrowth of the specific language of a proposed rule or a proposed amendment of an existing rule included in a notice of proposed rulemaking, as described in subparagraph (B) of paragraph (1);CommentsClose CommentsPermalink





‘(B) such notice of proposed rulemaking--CommentsClose CommentsPermalink





‘(i) was issued in compliance with such paragraph and during the 3-year period preceding the adoption of the rule or the amendment of an existing rule; andCommentsClose CommentsPermalink





‘(ii) is identified in the order making the adoption or amendment;CommentsClose CommentsPermalink





‘(C) in the case of the adoption of a rule or the amendment of an existing rule that may have an economically significant impact, the order contains--CommentsClose CommentsPermalink





‘(i) an identification and analysis of the specific market failure, actual consumer harm, burden of existing regulation, or failure of public institutions that warrants the adoption or amendment; andCommentsClose CommentsPermalink





‘(ii) a reasoned determination that the benefits of the adopted rule or the amendment of an existing rule justify its costs (recognizing that some benefits and costs are difficult to quantify), taking into account alternative forms of regulation and the need to tailor regulation to impose the least burden on society, consistent with obtaining regulatory objectives;CommentsClose CommentsPermalink





‘(D) in the case of the adoption of a rule or the amendment of an existing rule that creates a program activity, the order contains performance measures for evaluating the effectiveness of the program activity; andCommentsClose CommentsPermalink





‘(E) in the case of the adoption of a rule or the amendment of an existing rule that substantially changes a program activity, the order contains--CommentsClose CommentsPermalink





‘(i) performance measures for evaluating the effectiveness of the program activity as changed; orCommentsClose CommentsPermalink





‘(ii) a finding that existing performance measures will effectively evaluate the program activity as changed.CommentsClose CommentsPermalink





‘(3) 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.CommentsClose CommentsPermalink





‘(b) Adequate Deliberation by Commissioners- The Commission shall by rule establish procedures for--CommentsClose CommentsPermalink





‘(1) informing all Commissioners of a reasonable number of options available to the Commission for resolving a petition, complaint, application, rulemaking, or other proceeding;CommentsClose CommentsPermalink





‘(2) 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; andCommentsClose CommentsPermalink





‘(3) 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.CommentsClose CommentsPermalink





‘(c) Nonpublic Collaborative Discussions-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Notwithstanding section 552b of title 5, United States Code, a bipartisan majority of Commissioners may hold a meeting that is closed to the public to discuss official business if--CommentsClose CommentsPermalink





‘(A) a vote or any other agency action is not taken at such meeting;CommentsClose CommentsPermalink





‘(B) each person present at such meeting is a Commissioner, an employee of the Commission, a member of a joint board established under section 410, or a person on the staff of such a joint board; andCommentsClose CommentsPermalink





‘(C) an attorney from the Office of General Counsel of the Commission is present at such meeting.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) a list of the persons who attended such meeting; andCommentsClose CommentsPermalink





‘(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) of title 5, United States Code.CommentsClose CommentsPermalink





‘(3) PRESERVATION OF OPEN MEETINGS REQUIREMENTS FOR AGENCY ACTION- Nothing in this subsection shall limit the applicability of section 552b of title 5, United States Code, with respect to a meeting of Commissioners other than that described in paragraph (1).CommentsClose CommentsPermalink





‘(d) Initiation of Items by Bipartisan Majority- The Commission shall by rule establish procedures for allowing a bipartisan majority of Commissioners to--CommentsClose CommentsPermalink





‘(1) direct Commission staff to draft an order, decision, report, or action for review by the Commission;CommentsClose CommentsPermalink





‘(2) require Commission approval of an order, decision, report, or action with respect to a function of the Commission delegated under section 5(c)(1); andCommentsClose CommentsPermalink





‘(3) place an order, decision, report, or action on the agenda of an open meeting.CommentsClose CommentsPermalink





‘(e) Public Review of Certain Reports and Ex Parte Communications-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Except as provided in paragraph (2), the Commission may not rely, in any order, decision, report, or action, on--CommentsClose CommentsPermalink





‘(A) a statistical report or report to Congress, unless the Commission has published and made such report available for comment for not less than a 30-day period prior to the adoption of such order, decision, report, or action; orCommentsClose CommentsPermalink





‘(B) an ex parte communication or any filing with the Commission, unless the public has been afforded adequate notice of and opportunity to respond to such communication or filing, in accordance with procedures to be established by the Commission by rule.CommentsClose CommentsPermalink





‘(2) EXCEPTION- Paragraph (1) does not apply when the Commission for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the order, decision, report, or action) that publication or availability of a report under subparagraph (A) of such paragraph or notice of and opportunity to respond to an ex parte communication under subparagraph (B) of such paragraph are impracticable, unnecessary, or contrary to the public interest.CommentsClose CommentsPermalink





‘(f) Publication of Status of Certain Proceedings and Items- The Commission shall by rule establish procedures for publishing the status of all open rulemaking proceedings and all proposed 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.CommentsClose CommentsPermalink





‘(g) Deadlines for Action- The Commission shall by rule establish deadlines for any Commission order, decision, report, or action for each of the various categories of petitions, applications, complaints, and other filings seeking Commission action, including filings seeking action through authority delegated under section 5(c)(1).CommentsClose CommentsPermalink





‘(h) Prompt Release of Certain Reports and Decision Documents-CommentsClose CommentsPermalink





‘(1) STATISTICAL REPORTS AND REPORTS TO CONGRESS-CommentsClose CommentsPermalink





‘(A) RELEASE SCHEDULE- 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.CommentsClose CommentsPermalink





‘(B) PUBLICATION DEADLINES- The Commission shall publish each report identified in a schedule published under subparagraph (A) not later than the date indicated in such schedule for the anticipated release of such report.CommentsClose CommentsPermalink





‘(2) DECISION DOCUMENTS- The Commission shall publish each order, decision, report, or action not later than 7 days after the date of the adoption of such order, decision, report, or action.CommentsClose CommentsPermalink





‘(3) EFFECT IF DEADLINES NOT MET-CommentsClose CommentsPermalink





‘(A) NOTIFICATION OF CONGRESS- If the Commission fails to publish an order, decision, report, or action by a deadline described in paragraph (1)(B) or (2), the Commission shall, not later than 7 days after such deadline and every 14 days thereafter until the publication of the order, decision, report, or action, notify by letter the chairpersons and ranking members of the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. Such letter shall identify such order, decision, report, or action, specify the deadline, and describe the reason for the delay. The Commission shall publish such letter.CommentsClose CommentsPermalink





‘(B) NO IMPACT ON EFFECTIVENESS- The failure of the Commission to publish an order, decision, report, or action by a deadline described in paragraph (1)(B) or (2) shall not render such order, decision, report, or action ineffective when published.CommentsClose CommentsPermalink





‘(i) Biannual Scorecard Reports-CommentsClose CommentsPermalink





‘(1) IN GENERAL- For the 6-month period beginning on January 1st of each year and the 6-month period beginning on July 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 subsections (g), (h)(1)(B), and (h)(2).CommentsClose CommentsPermalink





‘(2) CONTENTS- Each report required by paragraph (1) shall contain detailed statistics on such performance, including, with respect to each Bureau of the Commission--CommentsClose CommentsPermalink





‘(A) in the case of performance in meeting the deadlines established under subsection (g), with respect to each category established under such subsection--CommentsClose CommentsPermalink





‘(i) the number of petitions, applications, complaints, and other filings seeking Commission action that were pending on the last day of the period covered by such report;CommentsClose CommentsPermalink





‘(ii) the number of filings described in clause (i) that were not resolved by the deadlines established under such subsection and the average length of time such filings have been pending; andCommentsClose CommentsPermalink





‘(iii) for petitions, applications, complaints, and other filings seeking Commission action that were resolved during such period, the average time between initiation and resolution and the percentage resolved by the deadlines established under such subsection;CommentsClose CommentsPermalink





‘(B) in the case of proceedings before an administrative law judge--CommentsClose CommentsPermalink





‘(i) the number of such proceedings completed during such period; andCommentsClose CommentsPermalink





‘(ii) the number of such proceedings pending on the last day of such period; andCommentsClose CommentsPermalink





‘(C) the number of independent studies or analyses published by the Commission during such period.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(j) Transaction Review Standards-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Commission shall condition its approval of a transfer of lines, a transfer of licenses, or any other transaction under section 214, 309, or 310 or any other provision of this Act only if--CommentsClose CommentsPermalink





‘(A) the imposed condition is narrowly tailored to remedy a harm that arises as a direct result of the specific transfer or specific transaction that this Act empowers the Commission to review; andCommentsClose CommentsPermalink





‘(B) the Commission could impose a similar requirement under the authority of a specific provision of law other than a provision empowering the Commission to review a transfer of lines, a transfer of licenses, or other transaction.CommentsClose CommentsPermalink





‘(2) EXCLUSIONS- In reviewing a transfer of lines, a transfer of licenses, or any other transaction under section 214, 309, or 310 or any other provision of this Act, the Commission may not consider a voluntary commitment of a party to such transfer or transaction unless the Commission could adopt that voluntary commitment as a condition under paragraph (1).CommentsClose CommentsPermalink





‘(k) Access to Certain Information on Commission’s Website- The Commission shall provide direct access from the homepage of its website to--CommentsClose CommentsPermalink





‘(1) detailed information regarding--CommentsClose CommentsPermalink





‘(A) the budget of the Commission for the current fiscal year;CommentsClose CommentsPermalink





‘(B) the appropriations for the Commission for such fiscal year; andCommentsClose CommentsPermalink





‘(C) the total number of full-time equivalent employees of the Commission; andCommentsClose CommentsPermalink





‘(2) the performance plan most recently made available by the Commission under section 1115(b) of title 31, United States Code.CommentsClose CommentsPermalink





‘(l) Federal Register Publication-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) DATE DESCRIBED- The date described in this paragraph is the earlier of--CommentsClose CommentsPermalink





‘(A) the day that is 45 days after the date of the release of the document; orCommentsClose CommentsPermalink





‘(B) the day by which such actions must be completed to comply with any deadline under any other provision of law.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(m) Consumer Complaint Database-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) facilitates easy use by consumers; andCommentsClose CommentsPermalink





‘(B) to the extent practicable, is sortable and accessible by--CommentsClose CommentsPermalink





‘(i) the date of the filing of the complaint;CommentsClose CommentsPermalink





‘(ii) the topic of the complaint;CommentsClose CommentsPermalink





‘(iii) the party complained of; andCommentsClose CommentsPermalink





‘(iv) other elements that the Commission considers in the public interest.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(n) Form of Publication-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) information the publication of which would be detrimental to national security, homeland security, law enforcement, or public safety; orCommentsClose CommentsPermalink





‘(B) information that is proprietary or confidential.CommentsClose CommentsPermalink





‘(o) 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 of title 5, United States Code (commonly referred to as the Freedom of Information Act), including by doing the following:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) Publishing on the Commission’s website electronic copies of documents released under such section.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(p) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) AMENDMENT- The term ‘amendment’ includes, when used with respect to an existing rule, the deletion of such rule.CommentsClose CommentsPermalink





‘(2) BIPARTISAN MAJORITY- The term ‘bipartisan majority’ means, when used with respect to a group of Commissioners, that such group--CommentsClose CommentsPermalink





‘(A) is a group of 3 or more Commissioners; andCommentsClose CommentsPermalink





‘(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 1 unaffiliated Commissioner.CommentsClose CommentsPermalink





‘(3) ECONOMICALLY SIGNIFICANT IMPACT- The term ‘economically significant impact’ means an effect on the economy of $100,000,000 or more 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.CommentsClose CommentsPermalink





‘(4) PERFORMANCE MEASURE- The term ‘performance measure’ means an objective and quantifiable outcome measure or output measure (as such terms are defined in section 1115 of title 31, United States Code).CommentsClose CommentsPermalink





‘(5) PROGRAM ACTIVITY- The term ‘program activity’ has the meaning given such term in section 1115 of title 31, United States Code, 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 $100,000,000.CommentsClose CommentsPermalink





‘(6) OTHER DEFINITIONS- The terms ‘agency action’, ‘ex parte communication’, and ‘rule’ have the meanings given such terms in section 551 of title 5, United States Code.’.CommentsClose CommentsPermalink





(b) Effective Date and Implementing Rules-CommentsClose CommentsPermalink





(1) EFFECTIVE DATE-CommentsClose CommentsPermalink





(A) IN GENERAL- The requirements of section 13 of the Communications Act of 1934, as added by subsection (a), shall apply beginning on the date that is 6 months after the date of the enactment of this Act.CommentsClose CommentsPermalink





(B) PRIOR NOTICES OF PROPOSED RULEMAKING- If the Federal Communications Commission identifies under paragraph (2)(B)(ii) of subsection (a) of such section 13 a notice of proposed rulemaking issued prior to the date of the enactment of this Act--CommentsClose CommentsPermalink





(i) such notice shall be deemed to have complied with paragraph (1) of such subsection; andCommentsClose CommentsPermalink





(ii) if such notice did not contain the specific language of a proposed rule or a proposed amendment of an existing rule, paragraph (2)(A) of such subsection shall be satisfied if the adopted rule or the amendment of an existing rule is a logical outgrowth of such notice.CommentsClose CommentsPermalink





(C) SCHEDULES AND REPORTS- Notwithstanding subparagraph (A), subsections (h)(1) and (i) of such section shall apply with respect to 2013 and any year thereafter.CommentsClose CommentsPermalink





(2) RULES- The Federal Communications Commission shall promulgate the rules necessary to carry out such section not later than 1 year after the date of the enactment of this Act.CommentsClose CommentsPermalink





(3) PROCEDURES FOR ADOPTING RULES- Notwithstanding paragraph (1)(A), in promulgating rules to carry out such section, the Federal Communications Commission shall comply with the requirements of subsections (a) and (h)(2) of such section.CommentsClose CommentsPermalink

SEC. 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) 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 carrier, respectively.CommentsClose CommentsPermalink

SEC. 4. PROVISION OF EMERGENCY WEATHER INFORMATION.

Nothing in subsection (a) of section 13 of the Communications Act of 1934, as added by section 2 of this Act, shall be construed to impede the Federal Communications Commission from acting in times of emergency to ensure the availability of efficient and effective communications systems to alert the public to imminent dangerous weather conditions.CommentsClose CommentsPermalink

SEC. 5. COMMUNICATIONS OF FIRST RESPONDERS.

Nothing in subsection (a) of section 13 of the Communications Act of 1934, as added by section 2 of this Act, shall be construed to impede the Federal Communications Commission from acting in times of emergency to ensure the availability of efficient and effective communications systems for State and local first responders.CommentsClose CommentsPermalink

SEC. 6. EFFECT ON OTHER LAWS.

Nothing in this Act or the amendment made by this Act shall relieve the Federal Communications Commission from any obligations under title 5, United States Code, except where otherwise expressly provided.CommentsClose CommentsPermalink

Passed the House of Representatives March 27, 2012.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

112th CONGRESS

2d Session

H. R. 3309

AN ACT

To amend the Communications Act of 1934 to provide for greater transparency and efficiency in the procedures followed by the Federal Communications Commission KAREN L. HAAS, CommentsClose CommentsPermalink

Clerk.CommentsClose CommentsPermalink