[Congressional Record Volume 160, Number 40 (Tuesday, March 11, 2014)]
[House]
[Pages H2280-H2284]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FEDERAL COMMUNICATIONS COMMISSION PROCESS REFORM ACT OF 2013
Mr. WALDEN. Mr. Speaker, I move to suspend the rules and pass the
bill
[[Page H2281]]
(H.R. 3675) to amend the Communications Act of 1934 to provide for
greater transparency and efficiency in the procedures followed by the
Federal Communications Commission, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3675
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Communications
Commission Process Reform Act of 2013''.
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:
``SEC. 13. TRANSPARENCY AND EFFICIENCY.
``(a) Initial Rulemaking and Inquiry.--
``(1) Rulemaking.--Not later than 1 year after the date of
the enactment of the Federal Communications Commission
Process Reform Act of 2013, the Commission shall complete a
rulemaking proceeding and adopt procedural changes to its
rules to maximize opportunities for public participation and
efficient decisionmaking.
``(2) Requirements for rulemaking.--The rules adopted under
paragraph (1) shall--
``(A) set minimum comment periods for comment and reply
comment, subject to a determination by the Commission that
good cause exists for departing from such minimum comment
periods, for--
``(i) significant regulatory actions, as defined in
Executive Order 12866; and
``(ii) all other rulemaking proceedings;
``(B) establish policies concerning the submission of
extensive new comments, data, or reports towards the end of
the comment period;
``(C) establish policies regarding treatment of comments,
ex parte communications, and data or reports (including
statistical reports and reports to Congress) submitted after
the comment period to ensure that the public has adequate
notice of and opportunity to respond to such submissions
before the Commission relies on such submissions in any
order, decision, report, or action;
``(D) establish procedures for publishing the status of
open rulemaking proceedings and proposed orders, decisions,
reports, or actions on circulation for review by the
Commissioners, including which Commissioners have not cast a
vote on an order, decision, report, or action that has been
on circulation for more than 60 days;
``(E) establish deadlines (relative to the date of filing)
for--
``(i) in the case of a petition for a declaratory ruling
under section 1.2 of title 47, Code of Federal Regulations,
issuing a public notice of such petition;
``(ii) in the case of a petition for rulemaking under
section 1.401 of such title, issuing a public notice of such
petition; and
``(iii) in the case of a petition for reconsideration under
section 1.106 or 1.429 of such title or an application for
review under section 1.115 of such title, issuing a public
notice of a decision on the petition or application by the
Commission or under delegated authority (as the case may be);
``(F) establish guidelines (relative to the date of filing)
for the disposition of petitions filed under section 1.2 of
such title;
``(G) establish procedures for the inclusion of the
specific language of the proposed rule or the proposed
amendment of an existing rule in a notice of proposed
rulemaking; and
``(H) require notices of proposed rulemaking and orders
adopting a rule or amending an existing rule that--
``(i) create (or propose to create) a program activity to
contain performance measures for evaluating the effectiveness
of the program activity; and
``(ii) substantially change (or propose to substantially
change) a program activity to contain--
``(I) performance measures for evaluating the effectiveness
of the program activity as changed (or proposed to be
changed); or
``(II) a finding that existing performance measures will
effectively evaluate the program activity as changed (or
proposed to be changed).
``(3) Inquiry.--Not later than 1 year after the date of the
enactment of the Federal Communications Commission Process
Reform Act of 2013, the Commission shall complete an inquiry
to seek public comment on whether and how the Commission
should--
``(A) establish procedures for allowing a bipartisan
majority of Commissioners to place an order, decision,
report, or action on the agenda of an open meeting;
``(B) establish procedures for informing all Commissioners
of a reasonable number of options available to the Commission
for resolving a petition, complaint, application, rulemaking,
or other proceeding;
``(C) establish procedures for ensuring that all
Commissioners have adequate time, prior to being required to
decide a petition, complaint, application, rulemaking, or
other proceeding (including at a meeting held pursuant to
section 5(d)), to review the proposed Commission decision
document, including the specific language of any proposed
rule or any proposed amendment of an existing rule;
``(D) establish procedures for publishing the text of
agenda items to be voted on at an open meeting in advance of
such meeting so that the public has the opportunity to read
the text before a vote is taken;
``(E) establish deadlines (relative to the date of filing)
for disposition of applications for a license under section
1.913 of title 47, Code of Federal Regulations;
``(F) assign resources needed in order to meet the
deadlines described in subparagraph (E), including whether
the Commission's ability to meet such deadlines would be
enhanced by assessing a fee from applicants for such a
license; and
``(G) publish each order, decision, report, or action not
later than 30 days after the date of the adoption of such
order, decision, report, or action.
``(4) Data for performance measures.--The Commission shall
develop a performance measure or proposed performance measure
required by this subsection to rely, where possible, on data
already collected by the Commission.
``(b) Periodic Review.--On the date that is 5 years after
the completion of the rulemaking proceeding under subsection
(a)(1), and every 5 years thereafter, the Commission shall
initiate a new rulemaking proceeding to continue to consider
such procedural changes to its rules as may be in the public
interest to maximize opportunities for public participation
and efficient decisionmaking.
``(c) Nonpublic Collaborative Discussions.--
``(1) In general.--Notwithstanding section 552b 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
such meeting;
``(B) each person present at such meeting is a
Commissioner, an employee of the Commission, a member of a
joint board or conference established under section 410, or a
person on the staff of such a joint board or conference or of
a member of such a joint board or conference; and
``(C) an attorney from the Office of General Counsel of the
Commission is present at such meeting.
``(2) Disclosure of nonpublic collaborative discussions.--
Not later than 2 business days after the conclusion of a
meeting held under paragraph (1), the Commission shall
publish a disclosure of such meeting, including--
``(A) a list of the persons who attended such meeting; and
``(B) a summary of the matters discussed at such meeting,
except for such matters as the Commission determines may be
withheld under section 552b(c) 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).
``(d) Access to Certain Information on Commission's
Website.--The Commission shall provide direct access from the
homepage of its website to--
``(1) detailed information regarding--
``(A) the budget of the Commission for the current fiscal
year;
``(B) the appropriations for the Commission for such fiscal
year; and
``(C) the total number of full-time equivalent employees of
the Commission; and
``(2) the performance plan most recently made available by
the Commission under section 1115(b) of title 31, United
States Code.
``(e) Federal Register Publication.--
``(1) In general.--In the case of any document adopted by
the Commission that the Commission is required, under any
provision of law, to publish in the Federal Register, the
Commission shall, not later than the date described in
paragraph (2), complete all Commission actions necessary for
such document to be so published.
``(2) Date described.--The date described in this paragraph
is the earlier of--
``(A) the day that is 45 days after the date of the release
of the document; or
``(B) the day by which such actions must be completed to
comply with any deadline under any other provision of law.
``(3) No effect on deadlines for publication in other
form.--In the case of a deadline that does not specify that
the form of publication is publication in the Federal
Register, the Commission may comply with such deadline by
publishing the document in another form. Such other form of
publication does not relieve the Commission of any Federal
Register publication requirement applicable to such document,
including the requirement of paragraph (1).
``(f) Consumer Complaint Database.--
``(1) In general.--In evaluating and processing consumer
complaints, the Commission shall present information about
such complaints in a publicly available, searchable database
on its website that--
``(A) facilitates easy use by consumers; and
``(B) to the extent practicable, is sortable and accessible
by--
``(i) the date of the filing of the complaint;
``(ii) the topic of the complaint;
``(iii) the party complained of; and
``(iv) other elements that the Commission considers in the
public interest.
``(2) Duplicative complaints.--In the case of multiple
complaints arising from the same alleged misconduct, the
Commission shall be required to include only information
concerning one such complaint in the database described in
paragraph (1).
``(g) Form of Publication.--
``(1) In general.--In complying with a requirement of this
section to publish a document, the Commission shall publish
such
[[Page H2282]]
document on its website, in addition to publishing such
document in any other form that the Commission is required to
use or is permitted to and chooses to use.
``(2) Exception.--The Commission shall by rule establish
procedures for redacting documents required to be published
by this section so that the published versions of such
documents do not contain--
``(A) information the publication of which would be
detrimental to national security, homeland security, law
enforcement, or public safety; or
``(B) information that is proprietary or confidential.
``(h) Transparency Relating to Performance in Meeting FOIA
Requirements.--The Commission shall take additional steps to
inform the public about its performance and efficiency in
meeting the disclosure and other requirements of section 552
of title 5, United States Code (commonly referred to as the
Freedom of Information Act), including by doing the
following:
``(1) Publishing on the Commission's website the
Commission's logs for tracking, responding to, and managing
requests submitted under such section, including the
Commission's fee estimates, fee categories, and fee request
determinations.
``(2) Releasing to the public all decisions made by the
Commission (including decisions made by the Commission's
Bureaus and Offices) granting or denying requests filed under
such section, including any such decisions pertaining to the
estimate and application of fees assessed under such section.
``(3) Publishing on the Commission's website electronic
copies of documents released under such section.
``(4) Presenting information about the Commission's
handling of requests under such section in the Commission's
annual budget estimates submitted to Congress and the
Commission's annual performance and financial reports. Such
information shall include the number of requests under such
section the Commission received in the most recent fiscal
year, the number of such requests granted and denied, a
comparison of the Commission's processing of such requests
over at least the previous 3 fiscal years, and a comparison
of the Commission's results with the most recent average for
the United States Government as published on www.foia.gov.
``(i) Prompt Release of Statistical Reports and Reports to
Congress.--Not later than January 15th of each year, the
Commission shall identify, catalog, and publish an
anticipated release schedule for all statistical reports and
reports to Congress that are regularly or intermittently
released by the Commission and will be released during such
year.
``(j) Annual Scorecard Reports.--
``(1) In general.--For the 1-year period beginning on
January 1st of each year, the Commission shall prepare a
report on the performance of the Commission in conducting its
proceedings and meeting the deadlines established under
subsection (a)(2)(E) and the guidelines established under
subsection (a)(2)(F).
``(2) Contents.--Each report required by paragraph (1)
shall contain detailed statistics on such performance,
including, with respect to each Bureau of the Commission--
``(A) with respect to each type of filing specified in
subsection (a)(2)(E) or (a)(2)(F)--
``(i) the number of filings that were pending on the last
day of the period covered by such report;
``(ii) the number of filings described in clause (i) for
which each applicable deadline or guideline established under
such subsection was not met and the average length of time
such filings have been pending; and
``(iii) for filings that were resolved during such period,
the average time between initiation and resolution and the
percentage for which each applicable deadline or guideline
established under such subsection was met;
``(B) with respect to proceedings before an administrative
law judge--
``(i) the number of such proceedings completed during such
period; and
``(ii) the number of such proceedings pending on the last
day of such period; and
``(C) the number of independent studies or analyses
published by the Commission during such period.
``(3) Publication and submission.--The Commission shall
publish and submit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate each report
required by paragraph (1) not later than the date that is 30
days after the last day of the period covered by such report.
``(k) Definitions.--In this section:
``(1) Amendment.--The term `amendment' includes, when used
with respect to an existing rule, the deletion of such rule.
``(2) Bipartisan majority.--The term `bipartisan majority'
means, when used with respect to a group of Commissioners,
that such group--
``(A) is a group of 3 or more Commissioners; and
``(B) includes, for each political party of which any
Commissioner is a member, at least 1 Commissioner who is a
member of such political party, and, if any Commissioner has
no political party affiliation, at least one unaffiliated
Commissioner.
``(3) Performance measure.--The term `performance measure'
means an objective and quantifiable outcome measure or output
measure (as such terms are defined in section 1115 of title
31, United States Code).
``(4) 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.
``(5) 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.''.
(b) Effective Dates and Implementing Rules.--
(1) Effective dates.--
(A) Nonpublic collaborative discussions.--Subsection (c) of
section 13 of the Communications Act of 1934, as added by
subsection (a), shall apply beginning on the first date on
which all of the procedural changes to the rules of the
Federal Communications Commission required by subsection
(a)(1) of such section have taken effect.
(B) Schedules and reports.--Subsections (i) and (j) of such
section 13 shall apply with respect to 2014 and any year
thereafter.
(2) Rules.--Except as otherwise provided in such section
13, the Federal Communications Commission shall promulgate
any rules necessary to carry out such section not later than
1 year after the date of the enactment of this Act.
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. APPLICATION OF ANTIDEFICIENCY ACT TO UNIVERSAL
SERVICE PROGRAM.
Section 302 of Public Law 108-494 (118 Stat. 3998) is
amended by striking ``December 31, 2015'' each place it
appears and inserting ``December 31, 2020''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Oregon (Mr. Walden) and the gentleman from Pennsylvania (Mr. Doyle)
each will control 20 minutes.
The Chair recognizes the gentleman from Oregon.
General Leave
Mr. WALDEN. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
insert extraneous materials into the Record on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Oregon?
There was no objection.
Mr. WALDEN. I yield myself such time as I may consume.
Mr. Speaker, the communications sector is one of the most innovative,
competitive, and robust sectors of our economy. But for innovation and
investment in communications to continue, we must not weigh industry
down with needless red tape and delay.
Now, despite the lackluster overall economy, the communications and
technology market continues to grow at a very rapid pace. In fact, in
2012, Mr. Speaker, the industry invested $68 billion in broadband
infrastructure alone. That totals $1.2 trillion invested in upgrading
broadband infrastructure networks since just 1996--$1.2 trillion.
Communications and technology companies, as well as the consumers
that enjoy their products and benefit from their services, deserve a
transparent and responsive government agency. While agency process has
improved under recent chairmen, this legislation will ensure that
reforms remain in place from one administration to the next.
Even with the positive changes at the Commission, recent examples of
bad processes have resulted in what I would say are dangerous outcomes
at the Commission. To wit, late last year, the Federal Communications
Commission issued a notice for a study that would call into question
the editorial decisions of journalists in their own newsrooms, which I
think threatens their First Amendment rights. Somehow, an item as
controversial as this study made it all the way through the FCC without
so much as a Commission vote. Americans deserve greater accountability
and transparency from their government.
So this bill is the result of a multiyear process, ending with
bipartisan agreement that takes important
[[Page H2283]]
steps towards improving this very important agency. This legislation
will produce a joint effort where the Commission establishes procedures
to achieve the goals established by Congress.
The Commission is charged with setting its own deadlines and
timelines. While the legislation allows the Commission a good deal of
flexibility in meeting the goals we have set, the bill includes
backstops to ensure accountability. The annual scorecard we call for in
the bill requires the Federal Communications Commission to report to
Congress on the agency's success in meeting its own self-imposed
metrics.
The bill requires the FCC to undertake two separate proceedings, Mr.
Speaker. The first requires a notice and comment rulemaking, resulting
in the FCC's adopting rules to address several different reforms.
Setting a minimum time period for comments in an FCC rulemaking will
allow for certainty for those who wish to comment--the public.
In addition, adopted rules must address issues like data dumps at the
end of a comment period, transparency as to items pending before the
Commissioners, and publication of the language of proposed rules. All
those are very important parts of a more open and transparent
government and a process that taxpayers can rely upon.
The rulemaking also requires the Federal Communications Commission to
adopt deadlines for action on several types of filings before the
agency. As I know all too well from my own experience, having been
regulated by the Federal Communications Commission when my wife and I
were in the radio industry, items can sit at the agencies for literally
years without any action, and then they are acted upon and the person
bringing the action may have 30 days on something that sat there for 10
years.
Now, the second proceeding is an inquiry that deals with more complex
issues, giving the Federal Communications Commission flexibility in
deciding whether and how to implement those reforms. Now, by giving the
FCC flexibility when setting procedures and deadlines, we are not
constraining the agency; rather, we are providing them with goals to
meet and allowing them, the professionals there at the FCC, to
determine the best way to meet those goals.
Now, many of the reforms in the bill are things that the Commission
itself already has the authority to do under existing law; however, the
bill also changes the existing Sunshine Act to allow for greater
collaboration among the Commissioners themselves. I think that will
bring about better government--all of these reforms combined will.
The FCC has started its own review of agency processes, and in a
report released earlier this year, many of the areas the agency itself
found needing reform mirror provisions of our legislation, H.R. 3675.
The American public expects and deserves a transparent and
accountable Federal Government no matter who is in charge in the White
House. So let's start this reform with this agency that oversees one of
our most innovative and robust sectors of the economy.
With that, Mr. Speaker, I reserve the balance of my time.
Mr. DOYLE. I yield myself such time as I may consume.
Mr. Speaker, I rise today, along with my friend and colleague Mr.
Walden, in support of H.R. 3675, the FCC Process Reform Act of 2013.
The Federal Communications Commission is charged with overseeing
industries that make up one-sixth of our national economy. The
communications and technology sectors are driving economic growth
across the Nation, connecting businesses to markets large and small and
delivering innovative, new products and services to consumers. Perhaps
more importantly, communications networks are part of the very fabric
of our democracy, providing the news and information that makes us
informed citizens and voters.
With a mission this critical, both Democrats and Republicans believe
that the FCC must be efficient, transparent, and accountable.
We started this debate in the Energy and Commerce Committee with
different perspectives about how to achieve these goals. Last Congress,
our work on this issue, unfortunately, devolved into a partisan process
and a vote on a bill that was dead on arrival in the Senate. But this
Congress, thanks to Chairman Walden's leadership and consultation with
Ranking Members Waxman and Eshoo, we were able to come to an agreement
on a set of bipartisan reform proposals that were unanimously supported
by the committee.
I want to highlight several key provisions in this bill that we
believe will improve the functioning of the FCC.
The first reform is the Sunshine Act, to allow FCC Commissioners to
collaborate more closely while preserving the transparency of agency
decisionmaking. I introduced this legislation along with
Representatives Eshoo and Shimkus, and I am pleased to see it
incorporated in the bill we are considering today.
The second area that I am particularly pleased with is the
incorporation of a provision to provide an exemption to the
Antideficiency Act for the Universal Service Fund. Today, the FCC
relies on temporary exemptions from the Antideficiency Act to be able
to administer the Universal Service program that supports connectivity
to schools and libraries, known as E-Rate.
The bill we reported out of the Energy and Commerce Committee would
have permanently exempted the Universal Service Fund from the
Antideficiency Act, but, unfortunately, we were unable to reach
agreement with CBO about the impact of this provision.
I want to thank my colleagues in the majority for working with us to
come up with an alternative that provides a longer--if not permanent--
exemption. I believe it demonstrates our committee's bipartisan support
for providing the FCC with the flexibility it needs to administer the
E-Rate program.
I also want to compliment FCC Chairman Wheeler for his actions to
address transparency and efficiency of FCC decisionmaking. From his
very first day at the helm of the agency, he has focused on remedying
the concerns identified in the bill that we are considering today.
I urge the FCC to continue to move forward on reforms they can make
under their own initiative while we continue to work on this
legislation.
Finally, I want to close by saying that I think the manner in which
the FCC Process Reform Act was developed should be a model for the
entire House going forward. Working together, members of the Energy and
Commerce Committee crafted legislation that addressed the concerns from
both sides of the aisle. I am proud to have been a part of this effort.
I want to thank my colleague, Chairman Walden, for his work. I urge
all my colleagues to support this important legislation to make the FCC
more efficient, transparent, and accountable. I look forward to working
with our colleagues in the Senate and continuing to help this bill
become law.
With that, Mr. Speaker, I reserve the balance of my time.
Mr. WALDEN. I thank the gentleman for his kind comments and his
diligent work on this effort and that of his colleagues on the
Democratic side of the aisle.
I think when it comes to reforming the FCC and getting something that
really worked for the public, we are joined at the hip. So I appreciate
their input and the work we did together. Our subcommittee has actually
done quite a bit of bipartisan work over the last couple of years
moving forward with an incentive auction program to free up more
spectrum for all of these new wireless devices that are out there and
new technology and innovation. We are really at the center of the
ability of the country to grow, innovate, and produce really good-
paying jobs. So I appreciate Mr. Doyle's comments.
I now yield such time as he may consume to the gentleman from Ohio
(Mr. Latta), the vice chair of the Subcommittee on Communications and
Technology, who has been an extraordinary member of our team in working
on this and other major communications policy going forward. He will
play a key role tomorrow when we have our hearing on the
reauthorization of the Satellite Viewer Act.
Mr. LATTA. I appreciate the hard work that you have done on this
legislation.
Mr. Speaker, I rise today in support of H.R. 3675, the Federal
Communications Commission Process Reform Act of 2013.
[[Page H2284]]
The communications industry represents a promising sector of our
economy that has fostered widespread investment, innovation, job
creation, and greater consumer choice. As the industry evolves and
makes unprecedented technological advancements, the possibilities for
future innovation and modernization are endless. As Members of
Congress, we have to ensure that businesses and entrepreneurs are
equipped with the opportunity and flexibility to continue making that
sustained progress.
{time} 1745
The FCC Process Reform Act would facilitate this effort.
This legislation would initiate much-needed regulatory reforms to the
Federal Communications Commission and bring additional transparency and
accountability to the agency. I applaud Chairman Walden for his efforts
and leadership in developing this bipartisan piece of legislation, and
I look forward to working with him and other members of the
subcommittee as we work forward on this important piece of legislation.
Mr. DOYLE. Mr. Speaker, we have no other speakers, and so I yield
back the balance of my time.
Mr. WALDEN. Mr. Speaker, I conclude by again thanking my colleagues
on the Democratic side of the aisle for their good work on this
legislation, and their partnership on this. This is good government.
This is how we get things done on the Energy and Commerce Committee,
and it is how we are going to improve the activities and procedures of
these agencies to restore a little confidence in at least this sector
of government.
The Federal Communications Commission has a lot of work to do. It is
very important work for the future of our country.
Tomorrow, as I said, our committee will take up draft legislation to
make sure that those who watch television over satellite will be able
to continue that process, and we will do some other reforms along the
way. Throughout this year, Mr. Speaker, our Subcommittee on
Communications and Technology plans to solicit all kinds of information
from individuals around the country on how to update the antiquated
Telecommunications Act that dates back to either 1934 or 1992 or 1996,
depending upon which law. So we have a lot of work to do, Mr. Speaker,
and this bill moves an important piece forward. I urge my colleagues to
support this legislation.
I yield back the balance of my time.
Ms. ESHOO. Mr. Speaker, I rise today in support of H.R. 3675, the
Federal Communications Commission Process Reform Act of 2013, a
bipartisan bill aimed at giving the FCC flexibility while promoting
openness, transparency and accountability.
Two years ago, the House of Representatives considered a very
different version of the legislation, one which I opposed and that
passed largely on partisan lines. I support the bill before us today
because it gives the FCC flexibility to evaluate and adopt procedural
changes to its rules, rather than putting rigid requirements in
statute. The bill enhances transparency by establishing a publicly
available, searchable consumer complaint database and provides the
Universal Service Fund (USF) with a short term exemption from the
Antideficiency Act.
I'm also pleased that the bill includes the FCC Collaboration Act of
2013, a bipartisan bill I introduced last year with Reps. Shimkus and
Doyle. For years, current and former FCC Commissioners have called on
Congress to pass 'sunshine reform,' so that three or more Commissioners
can hold non-public collaborative discussions, as long as no agency
action is taken. While I'm disappointed that this provision will not
take effect immediately upon enactment, I'm hopeful that the Senate
will modify this provision before passing similar legislation. A delay
in implementation is the unnecessary delay of a much needed reform.
I thank Chairman Walden for working with me and my staff to put
forward a bipartisan bill and I urge my colleagues to support H.R.
3675.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Oregon (Mr. Walden) that the House suspend the rules and
pass the bill, H.R. 3675, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to amend
the Communications Act of 1934 to provide for greater transparency and
efficiency in the procedures followed by the Federal Communications
Commission, and for other purposes.''.
A motion to reconsider was laid on the table.
____________________