US Congress House Bill 3309 (Prior Session Legislation)

---

Spectrum: Partisan Bill (Republican 10-0)
Status: Engrossed on March 28 2012 - 50% progression, died in committee
Action: 2012-03-28 - Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
Pending: Senate Commerce, Science, And Transportation Committee
Text: Latest bill text (Engrossed) [PDF]

Federal Communications Commission Process Reform Act of 2012 - (Sec. 2) Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from issuing a notice of proposed rulemaking unless it provides at least 30 days for comments and an additional period of at least 30 days for replies. Requires such notice to include: (1) an identification of a notice of inquiry, a prior notice of proposed rulemaking, or a notice on a petition for rulemaking issued by the FCC during the preceding three-year period of which such notice is a logical outgrowth or an identification of a court order during the preceding three-year period in response to which such notice is being issued; or (2) a finding that the proposed rule or amendment will not impose additional burdens on industry or consumers or that good cause exists that a notice of inquiry is impracticable, unnecessary, or contrary to the public interest. Requires further that such a notice include: (1) the specific language of the proposed rule or amendment, and (2) proposed performance measures in the case of proposals to create or substantially change a program activity. Defines "program activity" as a specific activity or project as listed in the program and financing schedules of the U.S. annual budget, including any annual collection or distribution or related series of collections or distributions by the FCC of at least $100 million. Prohibits the FCC, subject to exceptions, from adopting or amending a rule unless the specific language is a logical outgrowth of the language included in a notice of proposed rulemaking and such notice was issued during the three-year period preceding the adoption or amendment. Requires the FCC, before adopting or amending a rule that may have an economically significant impact, to: (1) analyze the specified market failure, actual consumer harm, burden of existing regulation, or failure of public institutions that warrants the rule or amendment; and (2) determine that the benefits justify its costs. Defines "economically significant impact" as an effect on the economy of at least $100 million 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. Prohibits the adoption or amendment of rules that create or substantially change a program activity unless the order contains appropriate performance measures. Directs the FCC to establish rules for: (1) FCC Commissioners' deliberations including procedures for initiating agenda items and approving orders; and (2) the publication of the status of open rulemakings and all proposed orders, decisions, reports, or actions on circulation for review. Establishes procedures and disclosure requirements for any closed meeting held by a bipartisan majority of Commissioners. Requires the FCC to establish deadlines for any FCC order, decision, report, or action. Prohibits the FCC, without providing an opportunity for public review, from relying on unpublished reports to Congress or ex parte FCC communications or filings under specified circumstances. Sets forth a good cause exception when publication or notice is impracticable, unnecessary, or contrary to the public interest. Directs the FCC to publish on its website and in other required formats: (1) each order, decision, report, or action within seven days of its adoption; and (2) an anticipated release schedule for all statistical reports and reports to Congress. Requires the FCC to notify Congress at specified time intervals when it fails to meet publication deadlines. Requires biannual reports to Congress on the FCC's performance in conducting its proceedings and meeting the deadlines established by this Act. Sets forth standards that restrict the FCC's authority to conditionally approve line and license transfers and other transactions. Requires any such conditional approval to be: (1) narrowly tailored to remedy a harm arising as a direct result of the specific transfer or transaction, and (2) within the FCC's jurisdiction apart from its authority to review the transaction. Prohibits the FCC from considering a voluntary commitment of a party to such transfer or transaction unless the FCC could adopt that commitment as a condition under such standards. Directs the FCC to provide on its website: (1) information regarding the FCC's budget, appropriations, and total number of full-time equivalent employees; and (2) the FCC's annual performance plan. Directs the FCC to complete actions necessary for the publication of required documents in the Federal Register within specified timeframes. Directs the FCC to present information about consumer complaints in a publicly available, searchable database on its website. Requires the FCC to inform the public about its performance and efficiency in meeting disclosure and other requirements under the Freedom of Information Act (FOIA), including by: (1) publishing on the FCC website its logs for managing FOIA requests and associated fees, (2) releasing decisions to grant or deny requests, and (3) presenting information about the number of FOIA requests received and granted or denied by the FCC in its annual budget estimates and annual performance and financial reports. (Sec. 3) Prohibits the FCC, in compiling its quarterly report with respect to informal consumer inquiries and complaints, from categorizing an inquiry or complaint under the Telephone Consumer Protection Act of 1991 (places restrictions on telephone solicitations and automatic dialing systems) as a wireline or wireless inquiry or complaint unless a wireline or wireless carrier was the subject of the inquiry or complaint. (Sec. 4) Prohibits this Act from being construed to impede the FCC from acting in emergencies to ensure the availability of communications systems for state and local first responders and to alert the public to imminent dangerous weather conditions.

Federal Communications Commission Process Reform Act of 2012

Rep. Greg Walden [R-OR]	Rep. Joe Barton [R-TX]	Rep. Charles Bass [R-NH]	Sen. Marsha Blackburn [R-TN]
Rep. Adam Kinzinger [R-IL]	Rep. John Kline [R-MN]	Rep. Robert Latta [R-OH]	Rep. Steve Scalise [R-LA]
Rep. Cliff Stearns [R-FL]	Rep. Lee Terry [R-NE]

2012-03-27 - House - On Passage (Y: 247 N: 174 NV: 10 Abs: 0) [PASS]
2012-03-27 - House - On Motion to Recommit with Instructions (Y: 184 N: 236 NV: 11 Abs: 0) [FAIL]
2012-03-27 - House - On Agreeing to the Amendment (Y: 194 N: 222 NV: 15 Abs: 0) [FAIL]
2012-03-27 - House - On Agreeing to the Amendment (Y: 179 N: 238 NV: 14 Abs: 0) [FAIL]
2012-03-27 - House - On Agreeing to the Amendment (Y: 196 N: 219 NV: 16 Abs: 0) [FAIL]
2012-03-27 - House - On Passage (Y: 247 N: 174 NV: 10 Abs: 0) [PASS]
2012-03-27 - House - On Motion to Recommit with Instructions (Y: 184 N: 236 NV: 11 Abs: 0) [FAIL]
2012-03-27 - House - On Agreeing to the Amendment (Y: 194 N: 222 NV: 15 Abs: 0) [FAIL]
2012-03-27 - House - On Agreeing to the Amendment (Y: 179 N: 238 NV: 14 Abs: 0) [FAIL]
2012-03-27 - House - On Agreeing to the Amendment (Y: 196 N: 219 NV: 16 Abs: 0) [FAIL]

Date	Chamber	Action
2012-03-28	Senate	Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
2012-03-27	House	Motion to reconsider laid on the table Agreed to without objection.
2012-03-27	House	On passage Passed by recorded vote: 247 - 174 (Roll no. 138).
2012-03-27	House	On motion to recommit with instructions Failed by recorded vote: 184 - 236 (Roll no. 137).
2012-03-27	House	The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H1627)
2012-03-27	House	Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Perlmutter motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House forthwith with an amendment to prohibit the underlying bill from limiting the ability of the FCC to adopt a rule or amend an existing rule to protect online privacy including requirements that prohibit licensees or regulated entities from mandating that job applicants or employees disclose confidential passwords to social networking sites.
2012-03-27	House	Mr. Perlmutter moved to recommit with instructions to Energy and Commerce. (consideration: CR H1626-1628; text: CR H1626-1627)
2012-03-27	House	The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H16217-1619)
2012-03-27	House	The previous question was ordered pursuant to the rule. (consideration: CR H1626)
2012-03-27	House	The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3309.
2012-03-27	House	H.AMDT.995 On agreeing to the Owens amendment (A004) Failed by recorded vote: 194 - 222 (Roll no. 136).
2012-03-27	House	H.AMDT.993 On agreeing to the Eshoo amendment (A002) Failed by recorded vote: 179 - 238 (Roll no. 135).
2012-03-27	House	H.AMDT.992 On agreeing to the Crowley amendment (A001) Failed by recorded vote: 196 - 219 (Roll no. 134).
2012-03-27	House	UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
2012-03-27	House	H.AMDT.998 On agreeing to the Eshoo amendment (A007) as modified Agreed to by voice vote.
2012-03-27	House	DEBATE - Pursuant to the provisions of H. Res. 595, the Committee of the Whole proceeded with 10 minutes of debate on the Eshoo amendment No. 10, as modified.
2012-03-27	House	H.AMDT.998 Eshoo amendment (A007) modified by unanimous consent. Amendment inserts a new section regarding communications of first responders. (text as modified: CR H1624)
2012-03-27	House	H.AMDT.998 Amendment (A007) offered by Ms. Eshoo. (consideration: CR H1624; text: CR H1624)An amendment numbered 10 printed in House Report 112-422 to express that nothing in this Act shall impede the FCC from providing efficient and effective communication systems for state and local first responders.
2012-03-27	House	H.AMDT.997 On agreeing to the Speier amendment (A006) Failed by voice vote.
2012-03-27	House	DEBATE - Pursuant to the provisions of H. Res. 595, the Committee of the Whole proceeded with 10 minutes of debate on the Speier amendment No. 9.
2012-03-27	House	H.AMDT.997 Amendment (A006) offered by Ms. Speier. (consideration: CR H1623-1624; text: CR H1623)An amendment numbered 9 printed in House Report 112-422 to prevent this Act from taking effect until the FCC provides a report on the impact of the changes of this Act on the FCC's mandate to promote competition and innovation.
2012-03-27	House	H.AMDT.996 On agreeing to the Green, Al amendment (A005) Agreed to by voice vote.
2012-03-27	House	DEBATE - Pursuant to the provisions of H. Res. 595, the Committee of the Whole proceeded with 10 minutes of debate on the Green, Al (TX) amendment No. 8.
2012-03-27	House	H.AMDT.996 Amendment (A005) offered by Mr. Green, Al. (consideration: CR H1623; text: CR H1623)An amendment numbered 8 printed in House Report 112-422 to clarify that the Act would not impede the FCC's ability to provide in times of an emergency, for effective and efficient communication systems to alert the public of dangerous weather conditions.
2012-03-27	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Owens amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Owens demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2012-03-27	House	DEBATE - Pursuant to the provisions of H. Res. 595, the Committee of the Whole proceeded with 10 minutes of debate on the Owens amendment No. 7.
2012-03-27	House	H.AMDT.995 Amendment (A004) offered by Mr. Owens. (consideration: CR H1622-1623, H1626; text: CR H1622)An amendment numbered 7 printed in House Report 112-422 to express that nothing in this Act shall impede the FCC from implementing rules to ensure broadband access in rural areas.
2012-03-27	House	H.AMDT.994 On agreeing to the Walden amendment (A003) Agreed to by voice vote.
2012-03-27	House	DEBATE - Pursuant to the provisions of H. Res. 595, the Committee of the Whole proceeded with 10 minutes of debate on the Walden amendment No. 6.
2012-03-27	House	H.AMDT.994 Amendment (A003) offered by Mr. Walden. (consideration: CR H1621-1622; text: CR H1621)Amendment requires the FCC to make additional disclosures on its web site and in its annual budget regarding its processing of Freedom of Information Act requests in order to increase transparency.
2012-03-27	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Eshoo amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Eshoo demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2012-03-27	House	DEBATE - Pursuant to the provisions of H. Res. 595, the Committee of the Whole proceeded with 10 minutes of debate on the Eshoo amendment No. 5.
2012-03-27	House	H.AMDT.993 Amendment (A002) offered by Ms. Eshoo. (consideration: CR H1620-1621, H1625-1626; text: CR H1620)Amendment sought to require entities sponsoring political programming to disclose the identity of any donor that has contributed $10,000 or more to such entity in an election reporting cycle.
2012-03-27	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Crowley amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Crowley demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2012-03-27	House	DEBATE - Pursuant to the provisions of H. Res. 595, the Committee of the Whole proceeded with 10 minutes of debate on the Crowley amendment No. 1.
2012-03-27	House	H.AMDT.992 Amendment (A001) offered by Mr. Crowley. (consideration: CR H1619-1620, H1624-1625; text: CR H1619)Amendment sought to provide for, in the event that the FCC creates or amends a rule relating to baby monitors, the FCC to require the packaging of a new baby monitor to display a warning label so that families are informed that video and sounds captured by an analog baby monitor may be easily viewed or heard by potential intruders outside a consumer's home.
2012-03-27	House	GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3309.
2012-03-27	House	The Speaker designated the Honorable Adam Kinzinger to act as Chairman of the Committee.
2012-03-27	House	House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 595 and Rule XVIII.
2012-03-27	House	Rule provides for consideration of H.R. 3309 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution waives all points of order against the bill. The resolution waives all points of order against amendment printed in the report.
2012-03-27	House	Considered under the provisions of rule H. Res. 595. (consideration: CR H1609-2624, H1624-1629)
2012-03-27	House	Rule H. Res. 595 passed House.
2012-03-26	House	Rules Committee Resolution H. Res. 595 Reported to House. Rule provides for consideration of H.R. 3309 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution waives all points of order against the bill. The resolution waives all points of order against amendment printed in the report.
2012-03-19	House	Placed on the Union Calendar, Calendar No. 286.
2012-03-19	House	Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 112-414.
2012-03-06	House	Ordered to be Reported (Amended) by the Yeas and Nays: 31 - 16.
2012-03-06	House	Committee Consideration and Mark-up Session Held.
2012-03-05	House	Committee Consideration and Mark-up Session Held.
2011-11-09	House	Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 14 - 9 .
2011-11-09	House	Subcommittee Consideration and Mark-up Session Held.
2011-11-04	House	Referred to the Subcommittee on Communications and Technology.
2011-11-02	House	Referred to the House Committee on Energy and Commerce.

SB1784 (Same As) 2011-11-02 - Read twice and referred to the Committee on Commerce, Science, and Transportation.
SB1817 (Related) 2011-11-08 - Read twice and referred to the Committee on Commerce, Science, and Transportation.
HR595 (Related) 2012-03-27 - Motion to reconsider laid on the table Agreed to without objection.

Type	Source
Summary	https://www.congress.gov/bill/112th-congress/house-bill/3309/all-info
Text	https://www.congress.gov/112/bills/hr3309/BILLS-112hr3309ih.pdf
Text	https://www.congress.gov/112/bills/hr3309/BILLS-112hr3309rh.pdf
Text	https://www.congress.gov/112/bills/hr3309/BILLS-112hr3309eh.pdf
Roll Call	https://clerk.house.gov/Votes/2012134
Roll Call	https://clerk.house.gov/Votes/2012135
Roll Call	https://clerk.house.gov/Votes/2012136
Roll Call	https://clerk.house.gov/Votes/2012137
Roll Call	https://clerk.house.gov/Votes/2012138