[House Report 113-338]
[From the U.S. Government Publishing 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).]