[Congressional Record Volume 163, Number 12 (Monday, January 23, 2017)]
[House]
[Pages H572-H576]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      FEDERAL COMMUNICATIONS COMMISSION PROCESS REFORM ACT OF 2017

  Mrs. BLACKBURN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 290) 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 290

       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 2017''.

     SEC. 2. FEDERAL COMMUNICATIONS COMMISSION 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) Initial Rulemaking and Inquiry.--
       ``(1) Rulemaking.--Not later than 1 year after the date of 
     the enactment of this section, 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 No. 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, not later than 14 days 
     after the end of each quarter of a calendar year (or more 
     frequently, as the Commission considers appropriate), 
     publishing on the Internet website of the Commission and 
     submitting to Congress a report that contains--
       ``(i) 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,

[[Page H573]]

     decision, report, or action that has been on circulation for 
     more than 60 days;
       ``(ii) for the petitions, applications, complaints, and 
     other requests for action by the Commission that were pending 
     at the Commission on the last day of such quarter (or more 
     frequent period, as the case may be)--

       ``(I) the number of such requests, broken down by the 
     bureau primarily responsible for action and, for each bureau, 
     the type of request (such as a petition, application, or 
     complaint); and
       ``(II) information regarding the amount of time for which 
     such requests have been pending, broken down as described in 
     subclause (I); and

       ``(iii) a list of the congressional investigations of the 
     Commission that were pending on the last day of such quarter 
     (or more frequent period, as the case may be) and the cost of 
     such investigations, individually and in the aggregate;
       ``(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 this section, 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) except as otherwise provided in section 4(p), 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.
       ``(5) GAO audit.--Not less frequently than every 6 months, 
     the Comptroller General of the United States shall audit the 
     cost estimates provided by the Commission under paragraph 
     (2)(D)(iii) during the preceding 6-month period.
       ``(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) Internet Publication of Certain FCC Policies and 
     Procedures.--The chairman of the Commission shall--
       ``(1) publish on the Internet website of the Commission any 
     policies or procedures of the Commission that--
       ``(A) are established by the chairman; and
       ``(B) relate to the functioning of the Commission or the 
     handling of the agenda of the Commission; and
       ``(2) update such publication not later than 48 hours after 
     the chairman makes changes to any such policies or 
     procedures.
       ``(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 
     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).
       ``(g) 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).
       ``(h) Form of Publication.--
       ``(1) In general.--In complying with a requirement of this 
     section to publish a document, the Commission shall publish 
     such document on its website, in addition to publishing such 
     document in any other form that the Commission is required to 
     use or is permitted to and chooses to use.
       ``(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.
       ``(i) 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

[[Page H574]]

     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.
 ``(j) 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.
       ``(k) 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.
       ``(l) 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 three or more Commissioners; and
       ``(B) includes, for each political party of which any 
     Commissioner is a member, at least one 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) Report release schedules.--Subsection (j) of such 
     section 13 shall apply with respect to 2018 and any year 
     thereafter.
       (C) Annual scorecard reports.--Subsection (k) of such 
     section 13 shall apply with respect to 2017 and any year 
     thereafter.
       (D) Internet publication of certain fcc policies and 
     procedures.--Subsection (e) of such section 13 shall apply 
     beginning on the date that is 30 days after the date of the 
     enactment of this Act.
       (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, 2017'' each place it 
     appears and inserting ``December 31, 2021''.

     SEC. 6. REPORT ON IMPROVING SMALL BUSINESS PARTICIPATION IN 
                   FCC PROCEEDINGS.

       Not later than 1 year after the date of the enactment of 
     this Act, the Federal Communications Commission, in 
     consultation with the Administrator of the Small Business 
     Administration, shall submit to Congress a report on--
       (1) actions that the Commission will take to improve the 
     participation of small businesses in the proceedings of the 
     Commission; and
       (2) recommendations for any legislation that the Commission 
     considers appropriate to improve such participation.

     SEC. 7. TIMELY AVAILABILITY OF ITEMS ADOPTED BY VOTE OF THE 
                   COMMISSION.

       (a) Amendment.--Section 4 of the Communications Act of 1934 
     (47 U.S.C. 154) is amended by adding at the end the 
     following:
       ``(p) In the case of any item that is adopted by vote of 
     the Commission, the Commission shall publish on the Internet 
     website of the Commission the text of such item not later 
     than 24 hours after the Secretary of the Commission has 
     received dissenting statements from all Commissioners wishing 
     to submit such a statement with respect to such item.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to an item that is adopted after the 
     date that is 30 days after the date of the enactment of this 
     Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Tennessee (Mrs. Blackburn) and the gentleman from Pennsylvania (Mr. 
Michael F. Doyle) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Tennessee.


                             General Leave

  Mrs. BLACKBURN. 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 
gentlewoman from Tennessee?
  There was no objection.
  Mrs. BLACKBURN. Mr. Speaker, I yield myself such time as I may 
consume.
  I am pleased to support H.R. 290, a bill to reform the FCC, sponsored 
by the chair of the full Committee on Energy and Commerce.
  Mr. Speaker, this bill has a unique history. It has been passed out 
of the House not once or twice, but four times already in the last 
three Congresses. The last three times this bill has come to the floor, 
it has passed on suspension with full bipartisan support. That support 
speaks to the deep necessity for fundamental reform of the Federal 
Communications Commission.
  As Members of Congress, we hear from constituents whose applications 
at the FCC are left to languish unresolved while consumers and 
businesses let opportunities slip by because they haven't received 
approval yet from a Federal Government agency. It is even worse when 
the FCC, under its public interest mandate, decides to put its

[[Page H575]]

thumb on the scale in favor of one technology sector or another, often 
without providing reasonable evidence that its intervention is 
necessary and appropriate.
  While I have faith that Chairman Pai will bring about real reform at 
the FCC, without legislative changes, I am afraid that this type of 
jury-rigged rulemaking will return under a future administration. That 
is why I have supported this bill each time it has made its way through 
our committee and each time it has come to the House floor. I believe 
that strong process can restore the agency's integrity and rein it back 
in the interest of the stakeholders and the society that it should 
serve.
  The bill requires the FCC to conduct a notice and comment rulemaking 
in order to adopt clear rules to guide its own process. By giving the 
FCC flexibility when setting procedures and deadlines, we are not 
hamstringing the agency; rather, we are providing them with goals to 
meet and allowing them to determine the best way to meet those goals.
  We are asking the FCC to consider and adopt rules for itself that 
would provide clear deadlines on starting and stopping comments, clear 
deadlines for resolving petitions filed by the public, clear notice of 
status to those affected by petitions and rules, and clear schedules of 
statistical reports.
  The bill also requires the FCC to consider publication of Commission 
documents to be considered at an open meeting and to consider whether 
cost-benefit analysis just might improve their rulemakings. This 
legislation also changes the existing Sunshine Act to allow for greater 
collaboration between Commissioners.
  There was fine bipartisan work that went into these bills, and I 
thank my Democratic colleagues for working with us to improve the 
agency.
  This country is blessed with the most creative and competitive 
technology industry in the world. The agency charged with overseeing 
this robust and dynamic sector should be open and transparent and 
foster continued growth, and I believe this bill will help in achieving 
that goal.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MICHAEL F. DOYLE of Pennsylvania. Mr. Speaker, I rise in support 
of H.R. 290, and I yield myself as much time as I may consume.
  Mr. Speaker, this bill was the same bill that passed the House last 
Congress and is the result of lengthy negotiations in the Subcommittee 
on Communications and Technology to come to a bipartisan agreement that 
all can support. This agreement requires the FCC to make certain 
procedural rule changes and requires an inquiry into other process 
changes.
  The bill includes the FCC Collaboration Act, a bill that allows for 
more than two FCC Commissioners to discuss official business as long as 
certain safeguards are in place. This bill should help the 
Commissioners reach consensus more quickly.
  The bill also includes important provisions offered by Democrats last 
Congress, such as Representative Clarke's provision to require that the 
FCC provide quarterly reports on pending decisions to ensure 
accountability and timely responses, Representative Matsui's provision 
that required the FCC to coordinate with the Small Business 
Administration to improve small business participation in FCC 
proceedings, and Representative Loebsack's provision that requires the 
FCC Chairman to publicly post the agency's internal policies and 
procedures for greater transparency. The addition of these Democratic 
ideas make this a better bill.
  The bill also requires the FCC to post, in its entirety, any item 
adopted by the Commission within 24 hours of filing of final dissenting 
statements, a compromise that was reached by Congressman McNerney and 
Congresswoman Ellmers last Congress.
  FCC process reform has been an issue in our subcommittee going back 
several years. I hope this compromise bill is something all Members can 
support.
  Mr. Speaker, I see no other speakers on my side of the aisle, so I 
yield back the balance of my time.
  Mrs. BLACKBURN. Mr. Speaker, at this time I yield such time as he may 
consume to the gentleman from Oregon (Mr. Walden), the author of the 
legislation and the chairman of the Energy and Commerce Committee.
  Mr. WALDEN. Mr. Speaker, I thank my colleagues on both sides of the 
aisle on the Energy and Commerce Committee and our new chair of the 
Subcommittee on Communications and Technology, Mrs. Blackburn, and the 
new ranking member on the committee, Mr. Doyle.
  I believe by the end of today, Mr. Speaker, the House Energy and 
Commerce Committee will have produced close to 20 pieces of legislation 
already this Congress for consideration by the House, and I think all 
of them have been bipartisan. That is the kind of work this great 
committee is known for and we hope to continue to do. I thank my 
colleagues on both sides of the aisle.
  I think we agreed that the FCC was in need of process reform. This is 
the people's business that they are conducting. It needs to be done in 
an open and transparent and predictable way so that all of those 
involved in the public's business can see what is happening.
  The Federal Communications Commission regulates an incredibly dynamic 
and innovative sector of the American economy. The communications 
technology sector directly impacts the lives of consumers in meaningful 
ways. Consumers are able to map their ways to new places, find 
information and enriching content, and reach their loved ones who might 
live in the most remote places, literally, of the globe.
  Communications technology also enables other industries to reach 
their audiences in new and life-changing ways: health care, finance, 
manufacturing, agriculture. All of these industries are leveraging 
communications technologies in ways to better serve the American 
consumer.
  It is essential that we do as much as we can to protect and promote 
innovation in this sector of the economy. We can't afford to allow this 
fundamental sector of the economy to languish or fail under outdated 
regulations or faulty regulatory processes. That is why Committee on 
Energy and Commerce has focused on improving the processes at the FCC, 
so that it operates in an effective and transparent manner.
  This bill represents the fourth time, as you have heard, that we have 
brought a measure to this House floor that seeks to improve the way the 
FCC conducts its business. Last Congress, as chairman of the 
Subcommittee on Communications and Technology, process reform was a 
priority and it still is. I am committed to continuing the reform 
effort by supporting this legislation once again.
  Over the years, we have worked closely across the aisle to formulate 
a bipartisan compromise piece of legislation that addresses many of the 
concerns that we all share. Whether it is creating certainty for 
regulated industries by requiring shot clocks and deadlines, protecting 
consumers by prohibiting data dumps at the eleventh hour, or empowering 
all Commissioners by creating a tool for bipartisan majority to bring 
an item up for a vote at the FCC, this legislation is intended to 
improve the way the FCC does its business all across the board.
  One of the concerns we heard from some on the committee during the 
consideration of this legislation was that an overly proscriptive piece 
of legislation could hamstring the agency. Well, I think we have 
structured this legislation to fully address that legitimate concern by 
allowing the agency, itself, to determine the specifics of the 
overarching principles that we set forth. We give them that 
flexibility. We just want them to do the job.
  For example, the bill requires that all Commissioners have adequate 
time to review decision documents before having to vote. However, we 
allow the agency to determine what the adequate amount of time is 
through a rulemaking process that will generate input from the 
industries, the consumers, the stakeholders; and, ultimately, that 
should result in a Commission decision that reflects the way that the 
agency can best function.

                              {time}  1615

  I think it is important to note that we are still extremely committed 
to these important reforms, even though we have seen a change in 
administrations and will see a new chairman.

[[Page H576]]

Process reform is not about political ideology or partisan rancor, 
rather, it is about ensuring that government continues to work for the 
people. I am hopeful that this legislation will reach the President's 
desk and result in a better, more efficient, more transparent Federal 
Communications Commission, the kind of regulator that the most 
innovative and dynamic sector in the world deserves.
  Mrs. BLACKBURN. Mr. Speaker, I have no further speakers.
  I yield back the balance of my time.
  Ms. ESHOO. Mr. Speaker, I rise today to discuss H.R. 290, the FCC 
Process Reform Act of 2017.
  I'm particularly proud of a bipartisan provision I first authored in 
the 112th Congress that I'm pleased is included in this legislation 
today. This provision would modify current FCC rules to allow three or 
more Commissioners to hold non-public collaborative discussions, as 
long as no agency action is taken.
  Today, under the FCC's ``Sunshine Rule,'' three Commissioners or more 
are prohibited from talking to each other outside of an official public 
meeting. The FCC oversees industries representing approximately one-
sixth of the American economy. It must be able to collaborate freely 
and deliberate on our nation's most pressing communications issues, 
from enhancing universal service and public safety, to making more 
spectrum available for mobile broadband.
  As Congress looks at ways to help modernize the FCC, this bipartisan, 
commonsense provision will help to promote greater discussion among the 
five FCC Commissioners and ensure they can benefit from each other's 
expertise and experience. Through greater collaboration, the FCC will 
be better positioned to respond to a fast-paced and rapidly growing 
telecommunications industry in the 21st century.
  I thank Chairman Walden for including this provision in the bill the 
House has passed today.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Tennessee (Mrs. Blackburn) that the House suspend the 
rules and pass the bill, H.R. 290.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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