[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 421 Reported in Senate (RS)]

<DOC>





                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Federal Communications 
Commission Process Reform Act of 2015''.</DELETED>

<DELETED>SEC. 2. FCC PROCESS REFORM.</DELETED>

<DELETED>    (a) In General.--Title I of the Communications Act of 1934 
(47 U.S.C. 151 et seq.) is amended by adding at the end the 
following:</DELETED>

<DELETED>``SEC. 13. TRANSPARENCY AND EFFICIENCY.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Amendment.--The term `amendment' includes, 
        when used with respect to an existing rule, the deletion of the 
        rule.</DELETED>
        <DELETED>    ``(2) Application for review.--The term 
        `application for review' means an application for review filed 
        under section 1.115 of title 47, Code of Federal Regulations, 
        or any successor thereto.</DELETED>
        <DELETED>    ``(3) Bipartisan majority.--The term `bipartisan 
        majority' means, when used with respect to a group of 
        Commissioners, that the group--</DELETED>
                <DELETED>    ``(A) is a group of 3 or more 
                Commissioners; and</DELETED>
                <DELETED>    ``(B) includes--</DELETED>
                        <DELETED>    ``(i) for each political party of 
                        which any Commissioner is a member, not less 
                        than 1 Commissioner who is a member of the 
                        political party; and</DELETED>
                        <DELETED>    ``(ii) if any Commissioner has no 
                        political party affiliation, not less than 1 
                        unaffiliated Commissioner.</DELETED>
        <DELETED>    ``(4) Performance measure.--The term `performance 
        measure' means an objective and quantifiable outcome measure or 
        output measure (as those defined in section 1115 of title 31, 
        United States Code).</DELETED>
        <DELETED>    ``(5) 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.</DELETED>
        <DELETED>    ``(6) Petition for declaratory ruling.--The term 
        `petition for declaratory ruling' means a petition for 
        declaratory ruling filed under section 1.2 of title 47, Code of 
        Federal Regulations, or any successor thereto.</DELETED>
        <DELETED>    ``(7) Petition for reconsideration.--The term 
        `petition for reconsideration' means a petition for 
        reconsideration filed under section 1.106 or 1.429 of title 47, 
        Code of Federal Regulations, or any successor 
        thereto.</DELETED>
        <DELETED>    ``(8) Petition for rulemaking.--The term `petition 
        for rulemaking' means a petition for rulemaking filed under 
        section 1.401 of title 47, Code of Federal Regulations, or any 
        successor thereto.</DELETED>
        <DELETED>    ``(9) Program activity.--The term `program 
        activity'--</DELETED>
                <DELETED>    ``(A) has the meaning given the term in 
                section 1115 of title 31, United States Code; 
                and</DELETED>
                <DELETED>    ``(B) includes any annual collection or 
                distribution or related series of collections or 
                distributions by the Commission of an amount not less 
                than $100,000,000.</DELETED>
        <DELETED>    ``(10) Other definitions.--The terms 
        `adjudication', `agency action', `ex parte communication', 
        `rule', and `rulemaking' have the meanings given the terms in 
        section 551 of title 5, United States Code.</DELETED>
<DELETED>    ``(b) Initial Rulemaking and Inquiry.--</DELETED>
        <DELETED>    ``(1) Rulemaking.--Not later than 1 year after the 
        date of enactment of the Federal Communications Commission 
        Process Reform Act of 2015, the Commission shall complete a 
        rulemaking proceeding and adopt procedural changes to the rules 
        of the Commission to maximize opportunities for public 
        participation and efficient decision making.</DELETED>
        <DELETED>    ``(2) Requirements for rulemaking.--The rules 
        adopted under paragraph (1) shall--</DELETED>
                <DELETED>    ``(A) set minimum comment periods for 
                comment and reply comment, subject to a determination 
                by the Commission that good cause exists for departing 
                from the minimum comment periods, for--</DELETED>
                        <DELETED>    ``(i) significant regulatory 
                        actions, as defined in Executive Order 12866 (5 
                        U.S.C. 601 note; relating to regulatory 
                        planning and review);</DELETED>
                        <DELETED>    ``(ii) all other rulemaking 
                        proceedings; and</DELETED>
                        <DELETED>    ``(iii) petitions for forbearance 
                        filed under section 10(c) of the Communications 
                        Act of 1934 (47 U.S.C. 160(c));</DELETED>
                <DELETED>    ``(B) establish policies concerning the 
                submission of extensive new comments, data, or reports 
                towards the end of a comment period;</DELETED>
                <DELETED>    ``(C) establish policies regarding 
                treatment of comments, ex parte communications, and 
                data or reports (including statistical reports and 
                reports to Congress) submitted after a comment period 
                to ensure that the public has adequate notice of and 
                opportunity to respond to the submissions before the 
                Commission relies on the submissions in any order, 
                decision, report, or action;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(E) establish guidelines (relative to 
                the date of filing) for issuing a public notice of--
                </DELETED>
                        <DELETED>    ``(i) a petition for declaratory 
                        ruling;</DELETED>
                        <DELETED>    ``(ii) a petition for 
                        rulemaking;</DELETED>
                        <DELETED>    ``(iii) a petition for 
                        reconsideration; or</DELETED>
                        <DELETED>    ``(iv) an application for 
                        review;</DELETED>
                <DELETED>    ``(F) require each notice of proposed 
                rulemaking to include the specific language of the 
                proposed rule or the proposed amendment of an existing 
                rule;</DELETED>
                <DELETED>    ``(G) require each petition filed with the 
                Commission to be--</DELETED>
                        <DELETED>    ``(i) put out for public notice, 
                        subject to the minimum comment and reply 
                        comment periods established under subparagraph 
                        (A); or</DELETED>
                        <DELETED>    ``(ii) disposed of pursuant to an 
                        order of dismissal;</DELETED>
                <DELETED>    ``(H) require each new notice of proposed 
                rulemaking or order adopting a rule or amending an 
                existing rule that creates (or proposes to create) a 
                program activity to contain performance measures for 
                evaluating the effectiveness of the program 
                activity;</DELETED>
                <DELETED>    ``(I) require each notice of proposed 
                rulemaking or order adopting a rule or amending an 
                existing rule that substantially changes (or proposes 
                to substantially change) a program activity to 
                contain--</DELETED>
                        <DELETED>    ``(i) performance measures for 
                        evaluating the effectiveness of the program 
                        activity as changed (or proposed to be 
                        changed); or</DELETED>
                        <DELETED>    ``(ii) a finding that existing 
                        performance measures will effectively evaluate 
                        the program activity as changed (or proposed to 
                        be changed);</DELETED>
                <DELETED>    ``(J) require each notice of proposed 
                rulemaking to include--</DELETED>
                        <DELETED>    ``(i) an identification of 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 date on which the 
                        notice of proposed rulemaking concerned is 
                        issued and of which such notice is a logical 
                        outgrowth;</DELETED>
                        <DELETED>    ``(ii) an order of a court 
                        reviewing action by the Commission or otherwise 
                        directing the Commission to act that the court 
                        issued during the 3-year period preceding the 
                        date on which the notice of proposed rulemaking 
                        concerned is issued and in response to which 
                        such notice is being issued; or</DELETED>
                        <DELETED>    ``(iii) a finding (together with a 
                        brief statement of reasons therefor)--
                        </DELETED>
                                <DELETED>    ``(I) that the proposed 
                                rule or the proposed amendment of an 
                                existing rule will not impose 
                                additional burdens on industry or 
                                consumers; and</DELETED>
                                <DELETED>    ``(II) for good cause, 
                                that a notice of inquiry is 
                                impracticable, unnecessary, or contrary 
                                to the public interest;</DELETED>
                <DELETED>    ``(K) require each notice of proposed 
                rulemaking or order adopting a rule or amending an 
                existing rule that may have an economically significant 
                impact, to contain--</DELETED>
                        <DELETED>    ``(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; and</DELETED>
                        <DELETED>    ``(ii) a reasoned determination 
                        that the benefits of the adoption or amendment 
                        justify the 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;</DELETED>
                <DELETED>    ``(L) establish procedures under which a 
                Commissioner, with respect to an order, decision, 
                report, or action of a bureau or office of the 
                Commission, may require the entire Commission to vote 
                on whether to--</DELETED>
                        <DELETED>    ``(i) affirm, modify, or set aside 
                        the order, decision, report, or action; 
                        or</DELETED>
                        <DELETED>    ``(ii) order a rehearing upon the 
                        order, decision, report, or action in 
                        accordance with section 405; and</DELETED>
                <DELETED>    ``(M) establish procedures for publishing 
                the language of a rule or amendment of an existing rule 
                for a period of not fewer than 21 days before the date 
                on which a vote on the rule or amendment to an existing 
                rule begins.</DELETED>
        <DELETED>    ``(3) Inquiry.--Not later than 1 year after the 
        date of enactment of the Federal Communications Commission 
        Process Reform Act of 2015, the Commission shall complete an 
        inquiry to seek public comment on whether and how the 
        Commission should--</DELETED>
                <DELETED>    ``(A) 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;</DELETED>
                <DELETED>    ``(B) 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 under 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;</DELETED>
                <DELETED>    ``(C) establish deadlines (relative to the 
                date of filing) for disposition of applications for a 
                license under section 1.913 of title 47, Code of 
                Federal Regulations;</DELETED>
                <DELETED>    ``(D) assign resources needed to meet the 
                deadlines described in subparagraph (C), including 
                whether the ability of the Commission to meet those 
                deadlines would be enhanced by assessing a fee from 
                applicants for a license described in subparagraph (C); 
                and</DELETED>
                <DELETED>    ``(E) publish each order, decision, 
                report, or action not later than 30 days after the date 
                of the adoption of the order, decision, report, or 
                action.</DELETED>
        <DELETED>    ``(4) Data for performance measures.--The 
        Commission shall develop a performance measure or proposed 
        performance measure required under this subsection to rely, 
        where possible, on data already collected by the 
        Commission.</DELETED>
<DELETED>    ``(c) Periodic Review.--On the date that is 5 years after 
the completion of the rulemaking proceeding under subsection (b)(1), 
and every 5 years thereafter, the Commission shall initiate a new 
rulemaking proceeding to continue to consider any procedural changes to 
the rules of the Commission that may be in the public interest to 
maximize opportunities for public participation and efficient 
decisionmaking.</DELETED>
<DELETED>    ``(d) Nonpublic Collaborative Discussions.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) a vote or any other agency action is 
                not taken at the meeting;</DELETED>
                <DELETED>    ``(B) each person present at the 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</DELETED>
                <DELETED>    ``(C) an attorney from the Office of 
                General Counsel of the Commission is present at the 
                meeting.</DELETED>
        <DELETED>    ``(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 the meeting, 
        including--</DELETED>
                <DELETED>    ``(A) a list of the persons who attended 
                the meeting; and</DELETED>
                <DELETED>    ``(B) a summary of the matters discussed 
                at the meeting, except for any matters that the 
                Commission determines may be withheld under section 
                552b(c) of title 5, United States Code.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(e) Access to Certain Information on Commission's 
Website.--The Commission shall provide direct access from the homepage 
of the website of the Commission to--</DELETED>
        <DELETED>    ``(1) detailed information regarding--</DELETED>
                <DELETED>    ``(A) the budget of the Commission for the 
                current fiscal year;</DELETED>
                <DELETED>    ``(B) the appropriations for the 
                Commission for the current fiscal year; and</DELETED>
                <DELETED>    ``(C) the total number of full-time 
                equivalent employees of the Commission; and</DELETED>
        <DELETED>    ``(2) the performance plan most recently made 
        available by the Commission under section 1115(b) of title 31, 
        United States Code.</DELETED>
<DELETED>    ``(f) Federal Register Publication.--</DELETED>
        <DELETED>    ``(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 
        the document to be so published.</DELETED>
        <DELETED>    ``(2) Date described.--The date described in this 
        paragraph is the earlier of--</DELETED>
                <DELETED>    ``(A) the date that is 60 days after the 
                date of the release of the document described in 
                paragraph (1); or</DELETED>
                <DELETED>    ``(B) the date by which the actions 
                described in paragraph (1) must be completed to comply 
                with any deadline under any other provision of 
                law.</DELETED>
        <DELETED>    ``(3) No effect on deadlines for publication in 
        other form.--</DELETED>
                <DELETED>    ``(A) In general.--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 the deadline by publishing 
                the document in another form.</DELETED>
                <DELETED>    ``(B) Applicability of federal register 
                publication requirements.--Publication of a document in 
                another form as described in subparagraph (A) shall not 
                relieve the Commission of any Federal Register 
                publication requirement applicable to the document, 
                including the requirement under paragraph 
                (1).</DELETED>
<DELETED>    ``(g) Form of Publication.--</DELETED>
        <DELETED>    ``(1) In general.--In complying with a requirement 
        under this section to publish a document, the Commission shall 
        publish the document on the website of the Commission, in 
        addition to publishing the document in any other form that the 
        Commission is required to use or is permitted to and chooses to 
        use.</DELETED>
        <DELETED>    ``(2) Exception.--The Commission shall by rule 
        establish procedures for redacting documents required to be 
        published under this section so that the published versions of 
        the documents do not contain--</DELETED>
                <DELETED>    ``(A) information the publication of which 
                would be detrimental to national security, homeland 
                security, law enforcement, or public safety; 
                or</DELETED>
                <DELETED>    ``(B) information that is proprietary or 
                confidential.</DELETED>
<DELETED>    ``(h) Transparency Relating to Performance in Meeting FOIA 
Requirements.--The Commission shall take additional steps to inform the 
public about the performance and efficiency of the Commission in 
meeting the disclosure and other requirements under section 552 of 
title 5, United States Code (commonly referred to as the `Freedom of 
Information Act'), including by--</DELETED>
        <DELETED>    ``(1) publishing on the website of the Commission 
        the logs used by the Commission for tracking, responding to, 
        and managing requests submitted under such section, including 
        the Commission's fee estimates, fee categories, and fee request 
        determinations;</DELETED>
        <DELETED>    ``(2) releasing to the public all decisions made 
        by the Commission (including decisions made by the Bureaus and 
        Offices of the Commission) granting or denying requests filed 
        under such section, including any such decisions pertaining to 
        the estimate and application of fees assessed under such 
        section;</DELETED>
        <DELETED>    ``(3) publishing on the website of the Commission 
        electronic copies of documents released under such section; 
        and</DELETED>
        <DELETED>    ``(4) presenting, in the annual budget estimates 
        of the Commission submitted to Congress and the annual 
        performance and financial reports of the Commission, 
        information about the handling by the Commission of requests 
        under such section, including--</DELETED>
                <DELETED>    ``(A) the number of requests under such 
                section the Commission received during the most recent 
                fiscal year;</DELETED>
                <DELETED>    ``(B) the number of requests described in 
                subparagraph (A) granted and denied;</DELETED>
                <DELETED>    ``(C) a comparison of the processing of 
                requests described in subparagraph (A) by the 
                Commission during a period of not less than the 3 
                preceding fiscal years; and</DELETED>
                <DELETED>    ``(D) a comparison of the results of the 
                Commission in processing requests described in 
                subparagraph (A) with the most recent average for the 
                United States Government as published on 
                www.foia.gov.</DELETED>
<DELETED>    ``(i) Prompt Release of Statistical Reports and Reports to 
Congress.--Not later than January 15 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 
the year.</DELETED>
<DELETED>    ``(j) Annual Score Card Reports.--</DELETED>
        <DELETED>    ``(1) In general.--For the 1-year period beginning 
        on January 1 of each year, the Commission shall prepare a 
        report on the performance of the Commission in conducting 
        proceedings and meeting the guidelines established under 
        subsection (b)(2)(E).</DELETED>
        <DELETED>    ``(2) Contents.--Each report required under 
        paragraph (1) shall contain detailed statistics on the 
        performance of the Commission as described in paragraph (1), 
        including, with respect to each bureau or office of the 
        Commission--</DELETED>
                <DELETED>    ``(A) with respect to each type of filing 
                specified in subsection (b)(2)(E)--</DELETED>
                        <DELETED>    ``(i) the number of filings that 
                        were pending on the last day of the period 
                        covered by the report;</DELETED>
                        <DELETED>    ``(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 those filings have been 
                        pending; and</DELETED>
                        <DELETED>    ``(iii) for filings that were 
                        resolved during the period covered by the 
                        report, the average time between initiation and 
                        resolution and the percentage for which each 
                        applicable deadline or guideline established 
                        under such subsection was met;</DELETED>
                <DELETED>    ``(B) with respect to proceedings before 
                an administrative law judge--</DELETED>
                        <DELETED>    ``(i) the number of proceedings 
                        completed during the period covered by the 
                        report; and</DELETED>
                        <DELETED>    ``(ii) the number of proceedings 
                        pending on the last day of the period covered 
                        by the report; and</DELETED>
                <DELETED>    ``(C) the number of independent studies or 
                analyses published by the Commission during the period 
                covered by the report.</DELETED>
        <DELETED>    ``(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 under paragraph (1) not later than the date that is 30 
        days after the last day of the period covered by the 
        report.''.</DELETED>
<DELETED>    (b) Effective Dates and Implementing Rules.--</DELETED>
        <DELETED>    (1) Effective dates.--</DELETED>
                <DELETED>    (A) Nonpublic collaborative discussions.--
                Subsection (d) 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 under subsection 
                (b)(1) of such section have taken effect.</DELETED>
                <DELETED>    (B) Schedules and reports.--Subsections 
                (j) and (k) of section 13 of the Communications Act of 
                1934, as added by subsection (a), shall apply with 
                respect to 2015 and any year thereafter.</DELETED>
        <DELETED>    (2) Rules.--Except as otherwise provided in 
        section 13 of the Communications Act of 1934, as added by 
        subsection (a), the Federal Communications Commission shall 
        promulgate any rules necessary to carry out such section not 
        later than 1 year after the date of enactment of this 
        Act.</DELETED>

<DELETED>SEC. 3. CATEGORIZATION OF TCPA INQUIRIES AND COMPLAINTS IN 
              QUARTERLY REPORT.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 4. EFFECT ON OTHER LAWS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 5. PROVISION OF EMERGENCY WEATHER INFORMATION; 
              COMMUNICATIONS OF FIRST RESPONDERS.</DELETED>

<DELETED>    Nothing in this Act or the amendments made by 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--</DELETED>
        <DELETED>    (1) to alert the public to imminent dangerous 
        weather conditions; or</DELETED>
        <DELETED>    (2) for State and local first 
        responders.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Communications Commission 
Process Reform Act of 2015''.

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 adding at the end the following:

``SEC. 13. TRANSPARENCY AND EFFICIENCY.

    ``(a) Definitions.--In this section:
            ``(1) Amendment.--The term `amendment' includes, when used 
        with respect to an existing rule, the deletion of the rule.
            ``(2) Application for review.--The term `application for 
        review' means an application for review filed under section 
        1.115 of title 47, Code of Federal Regulations, or any 
        successor thereto.
            ``(3) Bipartisan majority.--The term `bipartisan majority' 
        means, when used with respect to a group of Commissioners, that 
        the group--
                    ``(A) is a group of 3 or more Commissioners; and
                    ``(B) includes--
                            ``(i) for each political party of which any 
                        Commissioner is a member, not less than 1 
                        Commissioner who is a member of the political 
                        party; and
                            ``(ii) if any Commissioner has no political 
                        party affiliation, not less than 1 unaffiliated 
                        Commissioner.
            ``(4) Performance measure.--The term `performance measure' 
        means an objective and quantifiable outcome measure or output 
        measure (as those defined in section 1115 of title 31, United 
        States Code).
            ``(5) 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.
            ``(6) Petition for declaratory ruling.--The term `petition 
        for declaratory ruling' means a petition for declaratory ruling 
        filed under section 1.2 of title 47, Code of Federal 
        Regulations, or any successor thereto.
            ``(7) Petition for reconsideration.--The term `petition for 
        reconsideration' means a petition for reconsideration filed 
        under section 1.106 or 1.429 of title 47, Code of Federal 
        Regulations, or any successor thereto.
            ``(8) Petition for rulemaking.--The term `petition for 
        rulemaking' means a petition for rulemaking filed under section 
        1.401 of title 47, Code of Federal Regulations, or any 
        successor thereto.
            ``(9) Program activity.--The term `program activity'--
                    ``(A) has the meaning given the term in section 
                1115 of title 31, United States Code; and
                    ``(B) includes any annual collection or 
                distribution or related series of collections or 
                distributions by the Commission of an amount not less 
                than $100,000,000.
            ``(10) Other definitions.--The terms `adjudication', 
        `agency action', `ex parte communication', `rule', and 
        `rulemaking' have the meanings given the terms in section 551 
        of title 5, United States Code.
    ``(b) Initial Rulemaking and Inquiry.--
            ``(1) Rulemaking.--Not later than 1 year after the date of 
        enactment of the Federal Communications Commission Process 
        Reform Act of 2015, the Commission shall complete a rulemaking 
        proceeding and adopt procedural changes to the rules of the 
        Commission to maximize opportunities for public participation 
        and efficient decision making.
            ``(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 
                the minimum comment periods, for--
                            ``(i) significant regulatory actions, as 
                        defined in Executive Order 12866 (5 U.S.C. 601 
                        note; relating to regulatory planning and 
                        review);
                            ``(ii) all other rulemaking proceedings; 
                        and
                            ``(iii) petitions for forbearance filed 
                        under section 10(c) of the Communications Act 
                        of 1934 (47 U.S.C. 160(c));
                    ``(B) establish policies concerning the submission 
                of extensive new comments, data, or reports towards the 
                end of a 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 a comment period to ensure that the 
                public has adequate notice of and opportunity to 
                respond to the submissions before the Commission relies 
                on the 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 guidelines (relative to the date of 
                filing) for issuing a public notice of--
                            ``(i) a petition for declaratory ruling;
                            ``(ii) a petition for rulemaking;
                            ``(iii) a petition for reconsideration; or
                            ``(iv) an application for review;
                    ``(F) require each notice of proposed rulemaking to 
                include the specific language of the proposed rule or 
                the proposed amendment of an existing rule;
                    ``(G) require each petition filed with the 
                Commission to be--
                            ``(i) put out for public notice, subject to 
                        the minimum comment and reply comment periods 
                        established under subparagraph (A); or
                            ``(ii) disposed of pursuant to an order of 
                        dismissal;
                    ``(H) require each new notice of proposed 
                rulemaking or order adopting a rule or amending an 
                existing rule that creates (or proposes to create) a 
                program activity to contain performance measures for 
                evaluating the effectiveness of the program activity;
                    ``(I) require each notice of proposed rulemaking or 
                order adopting a rule or amending an existing rule that 
                substantially changes (or proposes 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);
                    ``(J) require each notice of proposed rulemaking to 
                include--
                            ``(i) an identification of 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 date on which the notice 
                        of proposed rulemaking concerned is issued and 
                        of which such notice is a logical outgrowth;
                            ``(ii) an order of a court reviewing action 
                        by the Commission or otherwise directing the 
                        Commission to act that the court issued during 
                        the 3-year period preceding the date on which 
                        the notice of proposed rulemaking concerned is 
                        issued and in response to which such notice is 
                        being issued; or
                            ``(iii) a finding (together with a brief 
                        statement of reasons therefor)--
                                    ``(I) that the proposed rule or the 
                                proposed amendment of an existing rule 
                                will not impose additional burdens on 
                                industry or consumers; and
                                    ``(II) for good cause, that a 
                                notice of inquiry is impracticable, 
                                unnecessary, or contrary to the public 
                                interest;
                    ``(K) require each notice of proposed rulemaking or 
                order adopting a rule or amending an existing rule that 
                may have an economically significant impact, to 
                contain--
                            ``(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; and
                            ``(ii) a reasoned determination that the 
                        benefits of the adoption or amendment justify 
                        the 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;
                    ``(L) establish procedures under which a 
                Commissioner, with respect to an order, decision, 
                report, or action of a bureau or office of the 
                Commission, may require the entire Commission to vote 
                on whether to--
                            ``(i) affirm, modify, or set aside the 
                        order, decision, report, or action; or
                            ``(ii) order a rehearing upon the order, 
                        decision, report, or action in accordance with 
                        section 405;
                    ``(M) establish procedures for publishing the 
                language of a rule or amendment of an existing rule for 
                a period of not fewer than 21 days before the date on 
                which a vote on the rule or amendment to an existing 
                rule begins; and
                    ``(N) establish procedures to, when publishing an 
                item adopted by the Commission, identify any changes 
                made to the item after its adoption.
            ``(3) Inquiry.--Not later than 1 year after the date of 
        enactment of the Federal Communications Commission Process 
        Reform Act of 2015, the Commission shall complete an inquiry to 
        seek public comment on whether and how the Commission should--
                    ``(A) 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;
                    ``(B) 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 under 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;
                    ``(C) establish deadlines (relative to the date of 
                filing) for disposition of applications for a license 
                under section 1.913 of title 47, Code of Federal 
                Regulations;
                    ``(D) assign resources needed to meet the deadlines 
                described in subparagraph (C), including whether the 
                ability of the Commission to meet those deadlines would 
                be enhanced by assessing a fee from applicants for a 
                license described in subparagraph (C); and
                    ``(E) publish each order, decision, report, or 
                action not later than 30 days after the date of the 
                adoption of the order, decision, report, or action.
            ``(4) Data for performance measures.--The Commission shall 
        develop a performance measure or proposed performance measure 
        required under this subsection to rely, where possible, on data 
        already collected by the Commission.
    ``(c) Periodic Review.--On the date that is 5 years after the 
completion of the rulemaking proceeding under subsection (b)(1), and 
every 5 years thereafter, the Commission shall initiate a new 
rulemaking proceeding to continue to consider any procedural changes to 
the rules of the Commission that may be in the public interest to 
maximize opportunities for public participation and efficient 
decisionmaking.
    ``(d) Nonpublic Collaborative Discussions.--
            ``(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--
                    ``(A) a vote or any other agency action is not 
                taken at the meeting;
                    ``(B) each person present at the 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 the 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 the meeting, including--
                    ``(A) a list of the persons who attended the 
                meeting; and
                    ``(B) a summary of the matters discussed at the 
                meeting, except for any matters that the Commission 
                determines may be withheld under section 552b(c) of 
                title 5, United States Code.
            ``(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).
    ``(e) Access to Certain Information on Commission's Website.--The 
Commission shall provide direct access from the homepage of the website 
of the Commission to--
            ``(1) detailed information regarding--
                    ``(A) the budget of the Commission for the current 
                fiscal year;
                    ``(B) the appropriations for the Commission for the 
                current 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) of title 31, United States 
        Code.
    ``(f) 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 
        the document to be so published.
            ``(2) Date described.--The date described in this paragraph 
        is the earlier of--
                    ``(A) the date that is 60 days after the date of 
                the release of the document described in paragraph (1); 
                or
                    ``(B) the date by which the actions described in 
                paragraph (1) must be completed to comply with any 
                deadline under any other provision of law.
            ``(3) No effect on deadlines for publication in other 
        form.--
                    ``(A) In general.--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 the deadline by publishing the document in 
                another form.
                    ``(B) Applicability of federal register publication 
                requirements.--Publication of a document in another 
                form as described in subparagraph (A) shall not relieve 
                the Commission of any Federal Register publication 
                requirement applicable to the document, including the 
                requirement under paragraph (1).
    ``(g) Form of Publication.--
            ``(1) In general.--In complying with a requirement under 
        this section to publish a document, the Commission shall 
        publish the document on the website of the Commission, in 
        addition to publishing the 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 
        under this section so that the published versions of the 
        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 the performance and efficiency of the Commission in 
meeting the disclosure and other requirements under section 552 of 
title 5, United States Code (commonly referred to as the `Freedom of 
Information Act'), including by--
            ``(1) publishing on the website of the Commission the logs 
        used by the Commission 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 Bureaus and Offices 
        of the Commission) 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 website of the Commission 
        electronic copies of documents released under such section; and
            ``(4) presenting, in the annual budget estimates of the 
        Commission submitted to Congress and the annual performance and 
        financial reports of the Commission, information about the 
        handling by the Commission of requests under such section, 
        including--
                    ``(A) the number of requests under such section the 
                Commission received during the most recent fiscal year;
                    ``(B) the number of requests described in 
                subparagraph (A) granted and denied;
                    ``(C) a comparison of the processing of requests 
                described in subparagraph (A) by the Commission during 
                a period of not less than the 3 preceding fiscal years; 
                and
                    ``(D) a comparison of the results of the Commission 
                in processing requests described in subparagraph (A) 
                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 15 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 
the year.
    ``(j) Annual Score Card Reports.--
            ``(1) In general.--For the 1-year period beginning on 
        January 1 of each year, the Commission shall prepare a report 
        on the performance of the Commission in conducting proceedings 
        and meeting the guidelines established under subsection 
        (b)(2)(E).
            ``(2) Contents.--Each report required under paragraph (1) 
        shall contain detailed statistics on the performance of the 
        Commission as described in paragraph (1), including, with 
        respect to each bureau or office of the Commission--
                    ``(A) with respect to each type of filing specified 
                in subsection (b)(2)(E)--
                            ``(i) the number of filings that were 
                        pending on the last day of the period covered 
                        by the 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 
                        those filings have been pending; and
                            ``(iii) for filings that were resolved 
                        during the period covered by the report, 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 proceedings completed 
                        during the period covered by the report; and
                            ``(ii) the number of proceedings pending on 
                        the last day of the period covered by the 
                        report; and
                    ``(C) the number of independent studies or analyses 
                published by the Commission during the period covered 
                by the report.
            ``(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 
        under paragraph (1) not later than the date that is 30 days 
        after the last day of the period covered by the report.''.
    (b) Effective Dates and Implementing Rules.--
            (1) Effective dates.--
                    (A) Nonpublic collaborative discussions.--
                Subsection (d) 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 under subsection 
                (b)(1) of such section have taken effect.
                    (B) Schedules and reports.--Subsection (j) of 
                section 13 of the Communications Act of 1934, as added 
                by subsection (a), shall apply with respect to 2015 and 
                any year thereafter.
            (2) Rules.--Except as otherwise provided in section 13 of 
        the Communications Act of 1934, as added by subsection (a), the 
        Federal Communications Commission shall promulgate any rules 
        necessary to carry out such section not later than 1 year after 
        the date of enactment of this Act.

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.

SEC. 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.

SEC. 5. PROVISION OF EMERGENCY WEATHER INFORMATION; COMMUNICATIONS OF 
              FIRST RESPONDERS.

    Nothing in this Act or the amendments made by 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--
            (1) to alert the public to imminent dangerous weather 
        conditions; or
            (2) for State and local first responders.
                                                       Calendar No. 699

114th CONGRESS

  2d Session

                                 S. 421

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            December 6, 2016

                       Reported with an amendment