Keep It Moving Act

Increased Predictability and Efficiency: The bill mandates specific deadlines for the Commission to determine if an application is complete (Section 2(a)(1)) and to issue final orders (Section 2(a)(1)(A) and (B)). This prevents applications from being stuck in limbo indefinitely.

Accountability for Administrative Delays: If the Commission fails to meet its required deadlines, applicants are entitled to a writ from a United States court to compel the Commission to either approve the application or file a formal complaint to seek permission to deny it (Section 2(a)(5)).

Protection Against Unreasonable Determinations: The bill allows for the review of determinations that an application is incomplete. If a determination is found to be unreasonable, the application is deemed complete based on specific calculated dates (Section 2(a)(5)).

Streamlined Processes for Minor Transactions: Pro forma transactions, which are considered insubstantial, do not require advance Commission approval, requiring only a written notification after the transaction is completed (Section 2(e)).

Increased Burden of Proof for Denials: If the Commission misses a deadline and a writ is issued, the Commission can only deny an application if it can prove to a court, through clear and convincing evidence, that the approval is not in the public interest (Section 2(a)(5)(B)(ii)).

Potential for Rapid Approval Decisions: The bill sets a 180-day deadline for the Commission to issue a final order in many cases (Section 2(a)(1)(A)), which may involve timelines that include a one-year period if the application is referred to a Committee for the Assessment of Foreign Participation (Section 2(a)(1)(B)).

Limited Ability to Deny via Delegation: While an order approving an application can be adopted through delegated authority, any order that denies an application or designates it for a hearing must be decided by a majority vote of the Commission members (Section 2(d)).