[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1817 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1817
To amend the Communications Act of 1934 to provide for greater
transparency and efficiency in the procedures followed by the Federal
Communications Commission.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 8, 2011
Mr. Heller introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
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.
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 ``Telecommunications Jobs Act of
2011''.
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 adding at the end the following new
section:
``SEC. 13. TRANSPARENCY AND EFFICIENCY.
``(a) Rulemaking Requirements.--
``(1) Requirements for notices of proposed rulemaking.--The
Commission may not issue a notice of proposed rulemaking unless
the Commission provides for a period of not less than 30 days
for the submission of comments and an additional period of not
less than 30 days for the submission of reply comments on such
notice and the Commission includes in such notice the
following:
``(A) Either--
``(i) an identification of--
``(I) a notice of inquiry, a prior
notice of proposed rulemaking, or a
notice on a petition for rulemaking
issued by the Commission during the 3-
year period preceding the issuance of
the notice of proposed rulemaking
concerned and of which such notice is a
logical outgrowth; or
``(II) an order of a court
reviewing action by the Commission or
otherwise directing the Commission to
act that was issued by the court during
the 3-year period preceding the
issuance of the notice of proposed
rulemaking concerned and in response to
which such notice is being issued; or
``(ii) a finding (together with a brief
statement of reasons therefor)--
``(I) that the proposed rule or the
proposed amendment of an existing rule
will not impose additional burdens on
industry or consumers; or
``(II) for good cause, that a
notice of inquiry is impracticable,
unnecessary, or contrary to the public
interest.
``(B) The specific language of the proposed rule or
the proposed amendment of an existing rule.
``(C) In the case of a proposal to create a program
activity, proposed performance measures for evaluating
the effectiveness of the program activity.
``(D) In the case of a proposal to substantially
change a program activity--
``(i) proposed performance measures for
evaluating the effectiveness of the program
activity as proposed to be changed; or
``(ii) a proposed finding that existing
performance measures will effectively evaluate
the program activity as proposed to be changed.
``(2) Requirements for rules.--Except as provided in the
3rd sentence of section 553(b) of title 5, United States Code,
the Commission may not adopt or amend a rule unless--
``(A) the specific language of the adopted rule or
the amendment of an existing rule is a logical
outgrowth of the specific language of a proposed rule
or a proposed amendment of an existing rule included in
a notice of proposed rulemaking, as described in
subparagraph (B) of paragraph (1);
``(B) such notice of proposed rulemaking--
``(i) was issued in compliance with such
paragraph and during the 3-year period
preceding the adoption of the rule or the
amendment of an existing rule; and
``(ii) is identified in the order making
the adoption or amendment;
``(C) in the case of the adoption of a rule or the
amendment of an existing rule that may have an
economically significant impact, the order contains--
``(i) an identification and analysis of the
specific market failure, actual consumer harm,
burden of existing regulation, or failure of
public institutions that warrants the adoption
or amendment; and
``(ii) a reasoned determination that the
benefits of the adopted rule or the amendment
of an existing rule justify its costs
(recognizing that some benefits and costs are
difficult to quantify), taking into account
alternative forms of regulation and the need to
tailor regulation to impose the least burden on
society, consistent with obtaining regulatory
objectives;
``(D) in the case of the adoption of a rule or the
amendment of an existing rule that creates a program
activity, the order contains performance measures for
evaluating the effectiveness of the program activity;
and
``(E) in the case of the adoption of a rule or the
amendment of an existing rule that substantially
changes a program activity, the order contains--
``(i) performance measures for evaluating
the effectiveness of the program activity as
changed; or
``(ii) a finding that existing performance
measures will effectively evaluate the program
activity as changed.
``(3) 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) Adequate Deliberation by Commissioners.--The Commission shall
by rule establish procedures for--
``(1) informing all Commissioners of the options available
to the Commission for resolving a petition, complaint,
application, rulemaking, or other proceeding;
``(2) 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; and
``(3) 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.
``(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 established under section 410, or a
person on the staff of such a joint board; 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) Initiation of Items by Bipartisan Majority.--The Commission
shall by rule establish procedures for allowing a bipartisan majority
of Commissioners to--
``(1) direct Commission staff to draft an order, decision,
report, or action for review by the Commission;
``(2) require Commission approval of an order, decision,
report, or action with respect to a function of the Commission
delegated under section 5(c)(1); and
``(3) place an order, decision, report, or action on the
agenda of an open meeting.
``(e) Public Review of Certain Reports and Ex Parte
Communications.--
``(1) In general.--Except as provided in paragraph (2), the
Commission may not rely, in any order, decision, report, or
action, on--
``(A) a statistical report or report to Congress,
unless the Commission has published and made such
report available for comment for not less than a 30-day
period prior to the adoption of such order, decision,
report, or action; or
``(B) an ex parte communication or any filing with
the Commission, unless the public has been afforded
adequate notice of and opportunity to respond to such
communication or filing, in accordance with procedures
to be established by the Commission by rule.
``(2) Exception.--Paragraph (1) does not apply when the
Commission for good cause finds (and incorporates the finding
and a brief statement of reasons therefor in the order,
decision, report, or action) that publication or availability
of a report under subparagraph (A) of such paragraph or notice
of and opportunity to respond to an ex parte communication
under subparagraph (B) of such paragraph are impracticable,
unnecessary, or contrary to the public interest.
``(f) Publication of Status of Certain Proceedings and Items.--The
Commission shall by rule establish procedures for publishing the status
of all open rulemaking proceedings and all 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.
``(g) Deadlines for Action.--The Commission shall by rule establish
deadlines for any Commission order, decision, report, or action for
each of the various categories of petitions, applications, complaints,
and other filings seeking Commission action, including filings seeking
action through authority delegated under section 5(c)(1).
``(h) Prompt Release of Certain Reports and Decision Documents.--
``(1) Statistical reports and reports to congress.--
``(A) Release schedule.--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.
``(B) Publication deadlines.--The Commission shall
publish each report identified in a schedule published
under subparagraph (A) not later than the date
indicated in such schedule for the anticipated release
of such report.
``(2) Decision documents.--The Commission shall publish
each order, decision, report, or action not later than 7 days
after the date of the adoption of such order, decision, report,
or action.
``(3) Effect if deadlines not met.--
``(A) Notification of congress.--If the Commission
fails to publish an order, decision, report, or action
by a deadline described in paragraph (1)(B) or (2), the
Commission shall, not later than 7 days after such
deadline and every 14 days thereafter until the
publication of the order, decision, report, or action,
notify by letter the chairpersons and ranking members
of the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate. Such letter shall
identify such order, decision, report, or action,
specify the deadline, and describe the reason for the
delay. The Commission shall publish such letter.
``(B) No impact on effectiveness.--The failure of
the Commission to publish an order, decision, report,
or action by a deadline described in paragraph (1)(B)
or (2) shall not render such order, decision, report,
or action ineffective when published.
``(i) Biannual Scorecard Reports.--
``(1) In general.--For the 6-month period beginning on
January 1st of each year and the 6-month period beginning on
July 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 subsections (g),
(h)(1)(B), and (h)(2).
``(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) in the case of performance in meeting the
deadlines established under subsection (g), with
respect to each category established under such
subsection--
``(i) the number of petitions,
applications, complaints, and other filings
seeking Commission action that were pending on
the last day of the period covered by such
report;
``(ii) the number of filings described in
clause (i) that were not resolved by the
deadlines established under such subsection and
the average length of time such filings have
been pending; and
``(iii) for petitions, applications,
complaints, and other filings seeking
Commission action that were resolved during
such period, the average time between
initiation and resolution and the percentage
resolved by the deadlines established under
such subsection;
``(B) in the case of 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.
``(j) Transaction Review Standards.--
``(1) In general.--The Commission shall condition its
approval of a transfer of lines, a transfer of licenses, or any
other transaction under section 214, 309, or 310 or any other
provision of this Act only if--
``(A) the imposed condition is narrowly tailored to
remedy a harm that arises as a direct result of the
specific transfer or specific transaction that this Act
empowers the Commission to review; and
``(B) the Commission could impose a similar
requirement under the authority of a specific provision
of law other than a provision empowering the Commission
to review a transfer of lines, a transfer of licenses,
or other transaction.
``(2) Exclusions.--In reviewing a transfer of lines, a
transfer of licenses, or any other transaction under section
214, 309, or 310 or any other provision of this Act, the
Commission may not consider a voluntary commitment of a party
to such transfer or transaction unless the Commission could
adopt that voluntary commitment as a condition under paragraph
(1).
``(k) 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.
``(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 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) Economically significant impact.--The term
`economically significant impact' means an effect on the
economy of $100,000,000 or more annually or a material adverse
effect on the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or
State, local, or tribal governments or communities.
``(4) 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).
``(5) 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.
``(6) 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 Date and Implementing Rules.--
(1) Effective date.--
(A) In general.--The requirements of section 13 of
the Communications Act of 1934, as added by subsection
(a), shall apply beginning on the date that is 6 months
after the date of the enactment of this Act.
(B) Prior notices of proposed rulemaking.--If the
Commission identifies under paragraph (2)(B)(ii) of
subsection (a) of such section 13 a notice of proposed
rulemaking issued prior to the date of the enactment of
this Act--
(i) such notice shall be deemed to have
complied with paragraph (1) of such subsection;
and
(ii) if such notice did not contain the
specific language of a proposed rule or a
proposed amendment of an existing rule,
paragraph (2)(A) of such subsection shall be
satisfied if the adopted rule or the amendment
of an existing rule is a logical outgrowth of
such notice.
(C) Schedules and reports.--Notwithstanding
subparagraph (A), subsections (h)(1) and (i) of such
section shall apply with respect to 2013 and any year
thereafter.
(2) Rules.--The Federal Communications Commission shall
promulgate the rules necessary to carry out such section not
later than 1 year after the date of the enactment of this Act.
(3) Procedures for adopting rules.--Notwithstanding
paragraph (1)(A), in promulgating rules to carry out such
section, the Federal Communications Commission shall comply
with the requirements of subsections (a) and (h)(2) of such
section.
SEC. 3. EFFECT ON OTHER LAWS.
Nothing in this Act or the amendment made by this Act shall relieve
the Federal Communications Commission from any obligations under title
5, United States Code, except where otherwise expressly provided.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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