[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,
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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
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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.
____________________