I 
111TH CONGRESS 
1ST SESSION H. R. 2183 
To improve public participation and overall decisionmaking at the Federal 
Communications Commission, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 30, 2009 
Mr. BARTON of Texas (for himself and Mr. STEARNS) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To improve public participation and overall decisionmaking 
at the Federal Communications Commission, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FCC REFORM. 
(a) IN GENERAL.—The Communications Act of 1934 
(47 U.S.C. 151 et seq.) is amended by inserting after sec-
tion 5 the following new section: 
‘‘SEC. 5A. PUBLIC PARTICIPATION AND COMMISSION DECI-
SIONMAKING. 
‘‘(a) REFORM MEASURES.—The Commission shall 
promulgate regulations in accordance with the following: 
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‘‘(1) Except as provided in the third sentence of 
section 553(b) of title 5, United States Code, before 
adopting, modifying, or deleting a final regulation, 
the Commission— 
‘‘(A) shall publish the specific language of 
the proposed regulation, modification, or dele-
tion; 
‘‘(B) shall provide at least 30 days for the 
submission of comments and an additional 30 
days for the submission of reply comments on 
such proposed regulation, modification, or dele-
tion; and 
‘‘(C) shall provide at least 30 days fol-
lowing the deadline for the submission of reply 
comments for agency consideration on the 
record on such proposed regulation, modifica-
tion, or deletion. 
‘‘(2) The Commission shall ensure that mem-
bers of the Commission have adequate time, prior to 
being required to decide an issue (including at a 
meeting held pursuant to section 5(d)), to review the 
proposed Commission decision document, including 
any specific language that is proposed to be adopted 
as, modified in, or deleted from a regulation. 
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the publication of such order, decision, report, or ac-
tion. 
‘‘(6) For any year in which the Commission was 
required to provide a notice pursuant to paragraph 
(5), the Commission shall publish an annual report 
containing detailed statistics concerning the delay 
between the adoption and the publication of any 
such order, decision, report, or action. 
‘‘(7) The Commission shall publish on a weekly 
basis a summary list of documents containing pro-
posed decisions pending review by the Commission. 
For all such decisions on such list for more than 60 
days, the Commission shall also name any Commis-
sioners who have not cast a vote on such decision. 
‘‘(b) STATISTICAL REPORTS SCHEDULE.— 
‘‘(1) IN GENERAL.—The Commission shall cata-
log, identify, and publish the anticipated release 
schedule for all statistical reports regularly or inter-
mittently published by the Commission and shall 
thereafter publish such schedule at least annually. 
‘‘(2) NOTIFICATION OF DELAY.—The Commis-
sion shall notify by letter the chairpersons and rank-
ing members of the Committee on Energy and Com-
merce of the House of Representatives and the Com-
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mittee on Commerce, Science, and Transportation of 
the Senate— 
‘‘(A) indicating that a statistical report 
was not published within 60 days after the date 
specified in the anticipated release schedule 
published under paragraph (1); 
‘‘(B) identifying such report; and 
‘‘(C) describing the reason for such delay. 
The Commission shall update by letter such chair-
persons and ranking members every 30 days until 
the publication of such report. 
‘‘(c) DEFINITION.—For the purposes of this section, 
the term ‘regulation’ has the meaning given the term ‘rule’ 
in section 551(4) of title 5, United States Code.’’. 
(b) EFFECTIVE DATES.— 
(1) REFORM MEASURES.—The Federal Commu-
nications Commission shall carry out section 5A(a) 
of the Communications Act of 1934 (as added by 
subsection (a)) within 6 months after the date of en-
actment of this Act. 
(2) STATISTICAL
REPORTS
SCHEDULE.—The 
Federal Communications Commission shall carry out 
section 5A(b) of the Communications Act of 1934 
(as added by subsection (a)) within 3 months after 
the date of enactment of this Act. 
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(3) EXCEPTION.—Notwithstanding paragraph 
(1), in promulgating rules to carry out section 5A(a) 
of the Communications Act of 1934 (as added by 
subsection (a)), the Federal Communications Com-
mission shall comply with the requirements of para-
graphs (1), (2), and (4) of section 5A(a) of the 
Communications Act of 1934 (as added by sub-
section (a)). 
SEC. 2. EFFECT ON OTHER LAWS. 
Nothing in this Act, including the amendments made 
by this Act, shall absolve the Federal Communications 
Commission from any obligations under title 5, United 
States Code. 
Æ 
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