H. Rept. 113-338 - 113th Congress (2013-2014)
January 31, 2014, As Reported by the Energy and Commerce Committee

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House Report 113-338 - FEDERAL COMMUNICATIONS COMMISSION PROCESS REFORM ACT OF 2013




[House Report 113-338]
[From the U.S. Government Printing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-338

======================================================================



 
      FEDERAL COMMUNICATIONS COMMISSION PROCESS REFORM ACT OF 2013

                                _______
                                

January 31, 2014.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Upton, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3675]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (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, 
having considered the same, report favorably thereon with 
amendments and recommend that the bill as amended do pass.

                                CONTENTS

Purpose and Summary..............................................     6
Background and Need for Legislation..............................     6
Hearings.........................................................     7
Committee Consideration..........................................     8
Committee Votes..................................................     8
Committee Oversight Findings.....................................     9
Statement of General Performance Goals and Objectives............     9
New Budget Authority, Entitlement Authority, and Tax Expenditures     9
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......     9
Committee Cost Estimate..........................................     9
Congressional Budget Office Estimate.............................     9
Federal Mandates Statement.......................................    12
Duplication of Federal Programs..................................    12
Disclosure of Directed Rule Makings..............................    12
Advisory Committee Statement.....................................    12
Applicability to Legislative Branch..............................    12
Section-by-Section Analysis of the Legislation...................    13
Changes in Existing Law Made by the Bill, as Reported............    15

    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

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 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.

  (a) In General.--Section 254 of the Communications Act of 1934 (47 
U.S.C. 254) is amended by adding at the end the following:
  ``(m) Application of Antideficiency Act.--Section 1341 and subchapter 
II of chapter 15 of title 31, United States Code, do not apply--
          ``(1) to any amount collected or received as Federal 
        universal service contributions required by this section, 
        including any interest earned on such contributions; or
          ``(2) to the expenditure or obligation of amounts 
        attributable to such contributions for universal service 
        support programs established pursuant to this section.''.
  (b) Repeal of Temporary Provision.--Title III of Public Law 108-494 
(118 Stat. 3997) is repealed.

  Amend the title 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.

                          Purpose and Summary

    H.R. 3675, the ``Federal Communications Commission Process 
Reform Act of 2013,'' improves the processes of the Federal 
Communications Commission (FCC, Commission, or Agency) and 
provides for greater transparency and efficiency in the 
procedures followed by the agency. The legislation requires the 
Commission to conduct a rulemaking and adopt procedural changes 
to its rules to maximize opportunities for public participation 
and efficient decision-making, as well as conduct an inquiry 
seeking public comment on whether and how the Commission should 
make additional changes.

                  Background and Need for Legislation

    The communications and technology sector is rapidly 
evolving, and is among the most competitive and innovative in 
our economy. From fiber optics to 4G wireless service, from the 
smartphone to the tablet to the connected TV, this sector has 
been creating new services and new devices--and the high-
quality jobs that come with high-tech innovation and 
investment--despite the economic challenges our country is 
facing. In 2012, the industry invested $68 billion to deploy 
broadband infrastructure, a billion more than in 2011, totaling 
more than $1.2 trillion dollars invested to upgrade their 
networks since 1996. See US Telecom, Broadband Industry Stats, 
Broadband Investment, http://www.ustelecom.org/broadband-
industry/broadband-industry-stats/investment. The United States 
is now the world leader in wireless LTE network deployment. 
Improving the openness, transparency, and predictability of the 
FCC will strengthen the communications and technology sector.
    The Committee on Energy and Commerce has long had concerns 
with the processes and procedures of the Agency, under both 
Republican and Democrat-led commissions. The Committee has held 
numerous oversight and legislative hearings examining the 
practices of the Agency and the impact that flawed FCC process 
has on consumers, industry, and the economy. While there were 
improvements to the Commission's process under recent chairmen, 
this legislation will ensure that reforms remain in place from 
one administration to the next.
    H.R. 3675, as amended, is the product of several months of 
bipartisan subcommittee negotiations. A bipartisan amendment in 
the nature of a substitute adopted during full Committee 
consideration of the bill requires the FCC to conduct a 
rulemaking and adopt rules that address identified procedural 
concerns. The legislation is a significant step towards a 
better-functioning agency.
    The legislation would produce a collaborative process in 
which the Commission establishes the parameters to achieve 
congressionally established goals. The Commission is charged 
with setting its own deadlines and minimum comment periods for 
rules and publication of FCC documents and with developing 
performance measures for program activities, which will provide 
parties and the public certainty and accountability. In 
addition, the required notice of inquiry asks the FCC to seek 
public comment on particularly complex issues that warrant 
further examination and improvement.
    While the legislation allows the Commission to set many of 
its own procedures and rules, H.R. 3675 also includes backstops 
that ensure accountability. The annual scorecard required by 
the legislation mandates yearly reports by the FCC regarding 
its performance in meeting the deadlines and guidelines 
established in the rulemaking. Taking inventory of whether the 
Commission is meeting its deadlines will allow the FCC to 
improve where needed and will give the public insight into the 
Agency's activity.
    Provided the Commission completes the required rulemaking 
and inquiry process, the legislation also includes provisions 
allowing Commissioners to engage in non-public, collaborative 
discussions that are currently prohibited by the Government in 
the Sunshine Act, 5 U.S.C. Sec. 552(b) (1976). The new 
provisions remedy real procedural problems for the Commission 
and contain significant safeguards to preserve the increased 
transparency that is the goal of the Government in the Sunshine 
Act. Non-public collaborative meetings would be monitored by 
attorneys from the Commission's Office of General Counsel, and 
each meeting would require public disclosure of the content of 
the meeting. The delayed implementation will ensure that both 
the statutory and regulatory changes to the Commission's 
process take effect contemporaneously.
    H.R. 3675 will create a stronger, better regulatory agency 
for one of the economy's most vibrant sectors. The industry 
deserves an efficient and effective expert regulator, and the 
public deserves a transparent and accountable Federal 
government.

                                Hearings

    The Committee on Energy and Commerce has been concerned 
about the processes of the FCC for many years and has had a 
number of oversight hearings on this matter. In the 110th 
Congress, the Subcommittee on Telecommunications and the 
Internet held two oversight hearings of the FCC, one on March 
14, 2007, and a second on July 24, 2007. At each hearing, the 
Subcommittee received testimony from Chairman Kevin J. Martin, 
Commissioner Michael J. Copps, Commissioner Robert M. McDowell, 
Commissioner Jonathan S. Adelstein, and Commissioner Deborah 
Taylor Tate.
    During the 111th Congress, the Subcommittee on 
Telecommunications and the Internet held a hearing on September 
17, 2009, entitled ``Oversight of the Federal Communications 
Commission.'' The Subcommittee received testimony from Chairman 
Julius Genachowski, Commissioner Michael J. Copps, Commissioner 
Robert M. McDowell, Commissioner Mignon Clyburn, and 
Commissioner Meredith Attwell Baker.
    The Subcommittee on Communications and Technology held a 
hearing on May 13, 2011, entitled ``FCC Process Reform.'' The 
Subcommittee received testimony from FCC Chairman Julius 
Genachowski, Commissioner Michael J. Copps, Commissioner Robert 
M. McDowell, and Commissioner Mignon Clyburn.
    The Subcommittee on Communications and Technology held a 
hearing on June 22, 2011, entitled ``Reforming FCC Process.'' 
The Subcommittee examined a staff discussion draft of 
legislation to reform the FCC's processes. The Subcommittee 
received testimony from John Sununu, Honorary Co-Chair of 
Broadband for America; Kathleen Abernathy, Chief Legal Officer 
and Executive Vice President of Frontier Communications; Mark 
Cooper, Research Director of the Consumer Federation of 
America; Randolph J. May, President of the Free State 
Foundation; Brad Ramsay, General Counsel of the National 
Association of Regulatory Utility Commissioners; and Ronald 
Levin, William R. Orthwein Distinguished Professor of Law at 
Washington University School of Law.
    The Subcommittee on Communications and Technology held an 
oversight hearing on July 11, 2013, entitled ``Improving FCC 
Process.'' The Subcommittee received testimony from Stuart M. 
Benjamin, Douglas B. Maggs Chair in Law and Associate Dean for 
Research at Duke Law; Larry Downes, Internet industry analyst 
and author; Robert M. McDowell, former FCC Commissioner and 
Visiting Fellow at Hudson Institute; Randolph J. May, President 
of Free State Foundation; Richard J. Pierce Jr., Lyle T. 
Alverson Professor of Law at George Washington University Law 
School; and James Bradford Ramsay, General Counsel of the 
National Association of Regulatory Utility Commissioners.

                        Committee Consideration

    On July 24, 2013, the Subcommittee on Communications and 
Technology met in open markup session and favorably forwarded 
the bill to the full Committee by a voice vote.
    On December 10 and 11, 2013, the Committee on Energy and 
Commerce met in open markup session and favorably reported H.R. 
3675, as amended, to the House by voice vote.

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were no record votes taken in connection with ordering 
H.R. 3675 reported. A motion by Mr. Upton to order H.R. 3675 
reported to the House, with amendment, was agreed to by a voice 
vote.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee held a hearing and made 
findings that are reflected in this report.

         Statement of General Performance Goals and Objectives

    The goal and objective of H.R. 3675 is to improve the 
processes of the Federal Communications Commission by providing 
greater transparency and efficiency in the Agency's activity. 
The legislation accomplishes this by requiring the Agency to 
conduct a rulemaking and adopt rules, seek comment on 
procedural changes, and implement statutory changes to the 
Agency's current practices.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
3675 would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

       Earmark, Limited Tax Benefits, and Limited Tariff Benefits

    In compliance with clause 9(e), 9(f), and 9(g) of Rule XXI 
of the Rules of the House of Representatives, the Committee 
finds that H.R. 3675 contains no earmarks, limited tax 
benefits, or limited tariff benefits.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                                  January 29, 2014.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3675, the Federal 
Communications Commission Process Reform Act of 2013.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susan Willie.
            Sincerely,
                                              Douglas W. Elmendorf,
    Enclosure.

H.R. 3675--Federal Communications Commission Process Reform Act of 2013

    Summary: H.R. 3675 would make a number of changes to 
procedures that the Federal Communications Commission (FCC) 
follows in its rulemaking processes. The bill also would 
require the FCC to create a public database of information 
about complaints made by consumers of telecommunications 
services. Finally, the bill would permanently exempt the 
Universal Service Fund (USF) from provisions of the 
Antideficiency Act.
    CBO estimates that enacting H.R. 3675 would increase direct 
spending by $197 million over the 2014-2023 period; therefore, 
pay-as-you-go procedures apply. Enacting H.R. 3675 would not 
affect revenues.
    Further, CBO estimates that implementing H.R. 3675 to amend 
the FCC's operating procedures would cost $15 million over the 
next five years, assuming appropriation of the necessary 
amounts; however, the FCC is authorized to collect fees 
sufficient to offset the cost of its regulatory activities each 
year. Therefore, CBO estimates that the net cost to implement 
those provisions of H.R. 3675 would not be significant, 
assuming annual appropriation actions consistent with the 
agency's authorities.
    H.R. 3675 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would not affect 
the budgets of state, local, or tribal governments.
    To the extent that the FCC would increase annual fee 
collections to offset the costs of implementing its additional 
regulatory activities, the bill would impose a private-sector 
mandate on some commercial entities regulated by the FCC. Based 
on information from the FCC, CBO estimates that the cost of the 
mandate would be small, and fall well below the annual 
threshold established in UMRA for private-sector mandates ($152 
million in 2014, adjusted annually for inflation).
    Estimated cost to the federal government: The estimated 
budgetary impact of H.R. 3675 is shown in the following table. 
The costs of this legislation falls within budget function 370 
(commerce and housing credit).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  By fiscal year, in millions of dollars 2014
                                                      --------------------------------------------------------------------------------------------------
                                                        2014   2015   2016   2017   2018   2019   2020   2021   2022   2023   2024  2014-2019  2014-2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              CHANGES IN DIRECT SPENDING a

Estimated Budget Authority...........................      0      0      0      0      0      0      0      0      0      0      0         0          0
Estimated Outlays....................................      0      0     91     69     15      3      3      4      4      4      4       178        197
--------------------------------------------------------------------------------------------------------------------------------------------------------
aCBO estimates H.R. 3675 also would have an insignificant net impact on spending that is subject to appropriation.

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted near the middle of fiscal year 2014.
    Direct spending: H.R. 3675 would permanently exempt the USF 
from provisions of the Antideficiency Act. Created by the 
Telecommunications Act of 1996, the USF redistributes income 
from interstate telecommunications carriers to other carriers 
providing services to high-cost areas, low-income households, 
schools, libraries, and nonprofit health care providers in 
rural areas. The cash flows from the USF appear in the budget 
as revenues (for fund collections) and direct spending (for 
amounts distributed from the fund).
    Under current law, the USF has a temporary exemption from 
the Antideficiency Act that will expire at the end of calendar 
year 2015. Spending for one of the fund's initiatives, the 
Schools and Libraries program, is affected by that exemption. 
When the USF receives and approves an application for funding 
from the Schools and Libraries program, it obligates funds to 
be paid to the recipient pending compliance with certain grant 
conditions. While the exemption is in place, the USF is able to 
obligate funds for schools and libraries without having 
sufficient amounts available to meet those obligations. Without 
the exemption, the Schools and Libraries program would be 
unable to obligate funds until sufficient resources to meet its 
obligation became available. This program, which distributes 
funds to eligible institutions to provide affordable Internet 
and telecommunications services, spent $2.1 billion for those 
purposes in fiscal year 2013. By making the exemption 
permanent, H.R. 3675 would allow the program to obligate and 
spend funds faster than it would without the exemption.
    CBO does not expect that the USF would collect or spend 
more as a result of the exemption; rather, we estimate that the 
timing of the spending would change. Specifically, CBO 
estimates that under the exemption, spending patterns would 
shift so that on balance more funds would be spent relative to 
the current-law baseline estimates over the next 10 years. CBO 
estimates that the increase in the rate of spending would 
increase costs by $197 million over the 2014-2024 period.
    Spending subject to appropriation: H.R. 3675 would require 
the FCC to adopt new rules related to the agency's decision-
making processes and to present certain information in greater 
detail on the agency website. Based on information from the 
FCC, CBO estimates that implementing those provisions would 
cost about $15 million over the 2014-2019 period for additional 
administrative and information technology costs. However, the 
FCC is authorized to collect fees sufficient to offset its 
regulatory costs each year; therefore, CBO estimates that the 
net cost to implement H.R. 3675 would not be significant over 
the 2014-2019 period, assuming appropriation actions consistent 
with that authority.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in the following table.

       CBO Estimate of Pay-As-You-Go Effects for H.R. 3675, as ordered reported by the House Committee on Energy and Commerce on December 10, 2013
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                 By fiscal year, in millions of dollars 2014--
                                                      --------------------------------------------------------------------------------------------------
                                                        2014   2015   2016   2017   2018   2019   2020   2021   2022   2023   2024  2014-2019  2014-2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NET INCREASE IN THE DEFICIT

Statutory Pay-As-You-Go Impact.......................      0      0     91     69     15      3      3      4      4      4      4       178        197
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated impact on state, local, and tribal governments: 
H.R. 3675 contains no intergovernmental mandates as defined in 
UMRA and would not affect the budgets of state, local, or 
tribal governments.
    Estimated impact on the private sector: Assuming the FCC 
would increase annual fee collections to offset the costs of 
its additional regulatory activities, the bill would increase 
the cost of an existing mandate on some commercial entities 
regulated by the agency. The FCC is authorized to collect fees 
sufficient to offset its regulatory costs each year, subject to 
its annual appropriation. If as a result of the bill the FCC 
increases its fees, the bill would impose a private-sector 
mandate on private entities required to pay those fees. Based 
on information from the FCC, CBO estimates that the cost of the 
mandate would be small--about $15 million over the next five 
years--and fall well below the annual threshold established in 
UMRA for private-sector mandates ($152 million in 2014, 
adjusted annually for inflation).
    Estimate prepared by: Federal Costs: Susan Willie; Impact 
on State, Local, and Tribal Governments: Melissa Merrell; 
Impact on the Private Sector: Marin Burnett.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                    Duplication of Federal Programs

    No provision of H.R. 3675 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    To achieve the reforms and regulatory predictability 
envisioned by the Committee, H.R. 3675 requires the Federal 
Communications Commission to conduct the specific rule making 
delineated in section 2(a).

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation

    Section 1. Short Title.
    Section 2(a). Section 2(a) inserts after section 12 of the 
Communications Act of 1934 a new section, section 13, 
Transparency and Efficiency.

Section 13(a) Initial Rulemaking and Inquiry.

    This subsection requires the FCC to conduct a notice and 
comment rulemaking and adopt rules to (1) set minimum comment 
and reply comment periods for rulemaking proceedings; (2) 
establish policies concerning extensive comments toward the end 
of a comment period; (3) establish policies to ensure that the 
public has time to review material submitted in a proceeding 
after the comment cycle has closed; (4) publish the status of 
open rulemakings as well as list the draft items the 
commissioners are currently considering; (5) establish 
deadlines for action on certain filings to the Commission and 
its bureaus; (6) establish guidelines for the disposition of 
petitions for declaratory ruling; (7) establish procedures for 
including the specific text of proposed rules in Commission 
Notice of Proposed Rule Makings (NPRM); and (8) to require the 
development of performance measures for FCC program activities, 
defined as each FCC program listed in the Federal budget or 
each program through which the FCC collects or distributes $100 
million or more.
    Section 13(a) also requires the Commission to seek public 
comment on a notice of inquiry into whether and how the 
Commission should (1) allow a bipartisan majority of 
Commissioners to add an item to the Commission's agenda; (2) 
inform Commissioners of all options available on a given 
Commission item; (3) ensure that Commissioners have adequate 
time to review the text of Commission items; publish the text 
of items for Commission consideration prior to Commission vote; 
(4) establish deadlines for the processing of applications for 
licenses; (5) generate additional resources for the processing 
of applications; and (6) publish Commission decisions within 30 
days of adoption.

Section 13(b) Periodic Review.

    This subsection requires the FCC to conduct a rulemaking to 
review the rules established in subsection 13(a) every five 
years.

Section 13(c) Nonpublic Collaborative Discussions.

    This subsection allows a bipartisan majority of 
Commissioners to meet for collaborative discussions if they 
disclose such meetings within two business days and comply with 
Office of General Counsel oversight. This subsection also 
applies to meetings of Federal-State Joint Boards.

Section 13(d) Access to Certain Information on the Commission's 
        Website.

    This subsection requires the FCC to provide links on the 
Commission's home page to the current budget, appropriations, 
number of full-time equivalent employees, and the Commission's 
performance plan.

Section 13(e) Federal Register Publication.

    This subsection requires the FCC to publish the documents 
specified in the Federal Register no later than 45 days after 
release of the document or the day specified under any other 
provision of law.

Section 13(f) Consumer Complaint Database.

    This subsection requires the FCC to put consumer complaint 
information in a publicly available, searchable database on its 
website.

Section 13(g) Form of Publication.

    This subsection requires the FCC to publish documents 
specified in this section on its website.

Section 13(h) Transparency Relating to Performance in Meeting FOIA 
        Requirements.

    This subsection requires the FCC to take additional steps 
to inform the public about its performance in meeting the 
disclosure requirements of the Freedom of Information Act.

Section 13(i) Prompt Release of Statistical Reports and Reports to 
        Congress.

    This subsection requires the FCC to establish a schedule 
for the release of its required reports.

Section 13(j) Annual Scorecard.

    This subsection requires the FCC to report annually 
regarding its performance in meeting the deadlines and 
guideline established in subsection (a), as well as how the 
Commission has used administrative law judges and independent 
studies.

Section 13(k) Definitions.

    This subsection defines several terms used in the Act, 
including ``performance measure'' and ``program activity.''
    Section 2(b). Section 2(b) requires the Commission to adopt 
rules implementing new section 13 no later than one year after 
the date of enactment and delays the implementation of the non-
public collaborative discussion provisions until all rules 
required by section 13 have taken effect.
    Section 3. Section 3 prohibits the FCC from categorizing 
inquiries or complaints under the Telephone Consumer Protection 
Act as wireline or wireless inquiries or complaints unless the 
complaint or inquiry originated from the conduct of a wireline 
or wireless carrier.
    Section 4. Section 4 specifies that the Act does not alter 
the general framework established by the Administrative 
Procedures Act and related laws, except where it does so 
explicitly (i.e., allowing deliberative collaboration among 
Commissioners and on the Federal-State Joint Boards).
    Section 5. Section 5 creates a permanent waiver of the 
Antideficiency Act for the Federal Universal Service Fund. The 
Universal Service Fund has been subject to a series of 
temporary waivers since 2004.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

COMMUNICATIONS ACT OF 1934

           *       *       *       *       *       *       *


TITLE I--GENERAL PROVISIONS

           *       *       *       *       *       *       *


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 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.

TITLE II--COMMON CARRIERS

           *       *       *       *       *       *       *


PART II--DEVELOPMENT OF COMPETITIVE MARKETS

           *       *       *       *       *       *       *


SEC. 254. UNIVERSAL SERVICE.

  (a) * * *

           *       *       *       *       *       *       *

  (m) Application of Antideficiency Act.--Section 1341 and 
subchapter II of chapter 15 of title 31, United States Code, do 
not apply--
          (1) to any amount collected or received as Federal 
        universal service contributions required by this 
        section, including any interest earned on such 
        contributions; or
          (2) to the expenditure or obligation of amounts 
        attributable to such contributions for universal 
        service support programs established pursuant to this 
        section.

           *       *       *       *       *       *       *

                              ----------                              


PUBLIC LAW 108-494

           *       *       *       *       *       *       *


                     [TITLE III--UNIVERSAL SERVICE

[SEC. 301. SHORT TITLE.

  [This title may be cited as the ``Universal Service 
Antideficiency Temporary Suspension Act''.

[SEC. 302. APPLICATION OF CERTAIN TITLE 31 PROVISIONS TO UNIVERSAL 
                    SERVICE FUND.

  [(a) In General.--During the period beginning on the date of 
enactment of this Act and ending on January 15, 2014, section 
1341 and subchapter II of chapter 15 of title 31, United States 
Code, do not apply--
          [(1) to any amount collected or received as Federal 
        universal service contributions required by section 254 
        of the Communications Act of 1934 (47 U.S.C. 254), 
        including any interest earned on such contributions; 
        nor
          [(2) to the expenditure or obligation of amounts 
        attributable to such contributions for universal 
        service support programs established pursuant to that 
        section.
  [(b) Post-2005 Fulfillment of Protected Obligations.--Section 
1341 and subchapter II of chapter 15 of title 31, United States 
Code, do not apply after January 15, 2014, to an expenditure or 
obligation described in subsection (a)(2) made or authorized 
during the period described in subsection (a).]