[Congressional Record Volume 162, Number 81 (Monday, May 23, 2016)] [House] [Pages H2891-H2892] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] TIMELY AVAILABILITY OF ITEMS ADOPTED BY VOTE OF THE FEDERAL COMMUNICATIONS COMMISSION Mr. WALDEN. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2589) to amend the Communications Act of 1934 to require the Federal Communications Commission to publish on its Internet website changes to the rules of the Commission not later than 24 hours after adoption, as amended. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 2589 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TIMELY AVAILABILITY OF ITEMS ADOPTED BY VOTE OF THE COMMISSION. (a) Amendment.--Section 4 of the Communications Act of 1934 (47 U.S.C. 154) is amended by adding at the end the following: ``(p) In the case of any item that is adopted by vote of the Commission, the Commission shall publish on the Internet website of the Commission the text of such item not later than 24 hours after the Secretary of the Commission has received dissenting statements from all Commissioners wishing to submit such a statement with respect to such item.''. (b) Effective Date.--The amendment made by this section shall apply with respect to an item that is adopted after the date that is 30 days after the date of the enactment of this Act. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Oregon (Mr. Walden) and the gentleman from New Jersey (Mr. Pallone) each will control 20 minutes. The Chair recognizes the gentleman from Oregon. General Leave Mr. WALDEN. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous materials in the Record on the bill. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Oregon? There was no objection. Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the Federal Communications Commission regulates an incredibly dynamic and innovative sector of the American economy. The communications technology sector directly impacts the lives of consumers in meaningful ways. Consumers are able to map their ways to new places like, frankly, I did this morning; find information and enriching content; and reach their loved ones who might live in the most remote places. Communications technology also enables other industries to reach their audiences in new and life-changing ways. Health care, finance, manufacturing, agriculture: all of these industries are leveraging communication technologies in ways to better serve the American consumer. We can't afford to allow this functional sector of the economy to languish or fail under outdated regulations or a faulty regulatory process. That is why the Committee on Energy and Commerce has focused on improving the process at the FCC so that it operates in an effective and more transparent manner. This House passed a comprehensive FCC process reform bill back in November, H.R. 2583, but we continue to work on improving the FCC's communications with the public. Hence, H.R. 2589. This is one such improvement. Sponsored by my colleague, Representative Ellmers of North Carolina, this bill is targeted at the FCC's struggle to make its newly adopted rules available to the public in a timely fashion. The bill requires the FCC to show the public what it has just voted on by publishing the text of the rules within 24 hours of the filing of the last dissenting statement. This should not be too difficult. Normally, the FCC does a reasonable job in [[Page H2892]] publishing its new rules fairly quickly after adoption. However, on more controversial items, the documents are not available until much later. For example, the Lifeline Order, adopted on March 31, was not available for 27 days. That is nearly a month. The FCC should not be delaying publication on controversial items. It should seek to add information and facts to the debate rather than appearing to hide the ball. At the same time, we recognize that the FCC must have the ability to respond to dissenting statements that criticize its decisions. Accordingly, we worked with our colleagues across the aisle to ensure that the Commission had a fair opportunity to address dissents to dissents and still make sure that new rules became available to the public in a timely way. In other words, so the Commission can do its work back and forth among Commissioners and finish their product. But once they do, they need to make it available to the public. By the way, that is who they work for. I would like to thank my colleagues on the committee for their work, particularly Representative Ellmers and Representative McNerney. I believe the bill strikes the right balance, and I urge my colleagues to support Representative Ellmers' bill. Mr. Speaker, I reserve the balance of my time. Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 2589. For the past several years, Republicans have been focused on changing procedures at the Federal Communications Commission. The bill we are considering today demonstrates that Democrats are willing to work with Republicans on these ideas when the proposals are reasonable. The original bill had some issues. It would have required the FCC to post within 24 hours of adoption any final rules that were modified by the Commission. Such a requirement was inconsistent with the Administrative Procedure Act, which requires that any rule changes are accompanied by an explanatory text. Additionally, the original bill failed to take into account the fact that in many cases where there is a delay in the release of FCC decisions, it is usually due to late receipt of dissenting statements from some Commissioners. To fix these issues, Democrats proposed an amendment during markup to provide the FCC to post, in its entirety, the text of any actions within 24 hours after dissenting Commissioners file their statements. The improvements ensure that this bill will not force the FCC to act in conflict with other laws, such as the Administrative Procedure Act. I urge my colleagues to support the bill. Mr. Speaker, I yield back the balance of my time. Mr. WALDEN. Mr. Speaker, I urge passage of this fine piece of legislation. I yield back the balance of my time. The SPEAKER pro tempore (Mr. Brooks of Alabama). The question is on the motion offered by the gentleman from Oregon (Mr. Walden) that the House suspend the rules and pass the bill, H.R. 2589, as amended. The question was taken. The SPEAKER pro tempore. In the opinion of the Chair, two-thirds being in the affirmative, the ayes have it. Mr. PALLONE. Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present. The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this question will be postponed. The point of no quorum is considered withdrawn. ____________________