[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.

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