I 
113TH CONGRESS 
1ST SESSION 
H. R. 539 
To amend the Communications Act of 1934 to authorize a bipartisan majority 
of Commissioners of the Federal Communications Commission to hold 
nonpublic collaborative discussions, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 6, 2013 
Ms. ESHOO (for herself, Mr. SHIMKUS, and Mr. DOYLE) introduced the 
following bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Communications Act of 1934 to authorize 
a bipartisan majority of Commissioners of the Federal 
Communications Commission to hold nonpublic collabo-
rative discussions, 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. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Communica-
tions Commission Collaboration Act of 2013’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
VerDate Mar 15 2010 
03:25 Feb 15, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H539.IH
H539
tjames on DSK6SPTVN1PROD with BILLS
(1) Commissioners of the Federal Communica-
tions Commission (in this section referred to as the 
‘‘Commission’’), past and present, have stated that, 
while they support the intent of section 552b of title 
5, United States Code, the implementation of that 
section has hindered the ability of the Commission 
to have a substantive exchange of ideas and hold col-
lective deliberations on issues pending before the 
Commission. 
(2) The principal purpose of Congress in cre-
ating a multimember agency is to obtain the benefits 
of collegial decisionmaking by the members of the 
agency, who bring to the decisionmaking process dif-
ferent philosophical perspectives, experiences, and 
areas of expertise. 
(3) Commissioners have relied primarily on an 
inefficient combination of written messages, commu-
nications among staff, and a series of meetings re-
stricted to 2 Commissioners at each such meeting to 
discuss complex telecommunications matters pending 
before the Commission. 
(4) Extensive use of such methods of commu-
nication has harmed collegiality and cooperation at 
the Commission. 
VerDate Mar 15 2010 
03:25 Feb 15, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H539.IH
H539
tjames on DSK6SPTVN1PROD with BILLS
(5) Numerous regulatory matters have been 
pending before the Commission for years, and con-
tinued inaction on these issues has the potential to 
hinder innovation and private investment in the do-
mestic communications industry. 
(6) The Commission must be able to work more 
collaboratively and efficiently than in the past to 
meet the current challenge of expanding broadband 
Internet access to the extent necessary to serve the 
business, educational, health, and cultural needs of 
all people in the United States. 
SEC. 3. NONPUBLIC COLLABORATIVE DISCUSSIONS OF THE 
FEDERAL COMMUNICATIONS COMMISSION. 
Section 4 of the Communications Act of 1934 (47 
U.S.C. 154) is amended by adding at the end the fol-
lowing: 
‘‘(p) NONPUBLIC COLLABORATIVE DISCUSSIONS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) AGENCY ACTION.—The term ‘agency 
action’ has the meaning given the term in sec-
tion 551 of title 5, United States Code. 
‘‘(B) BIPARTISAN MAJORITY OF COMMIS-
SIONERS.—The term ‘bipartisan majority of 
Commissioners’ means a group of not less than 
3 Commissioners that includes— 
VerDate Mar 15 2010 
03:25 Feb 15, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H539.IH
H539
tjames on DSK6SPTVN1PROD with BILLS
‘‘(i) for each political party of which 
any Commissioner is a member, not less 
than 1 Commissioner who is a member of 
that political party; and 
‘‘(ii) if any Commissioner has no po-
litical party affiliation, not less than 1 un-
affiliated Commissioner. 
‘‘(2) 
NONPUBLIC
COLLABORATIVE
DISCUS-
SIONS.—Notwithstanding section 552b of title 5, 
United States Code, a bipartisan majority of Com-
missioners 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 the meeting; 
‘‘(B) each person present at the meeting is 
a Commissioner, an employee of the Commis-
sion, a member of a joint board established 
under section 410, or a person on the staff of 
such a joint board; and 
‘‘(C) an attorney from the Office of Gen-
eral Counsel of the Commission is present at 
the meeting. 
‘‘(3) DISCLOSURE
OF
NONPUBLIC
COLLABO-
RATIVE
DISCUSSIONS.—Not later than 2 business 
days after the conclusion of a meeting held under 
VerDate Mar 15 2010 
03:25 Feb 15, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H539.IH
H539
tjames on DSK6SPTVN1PROD with BILLS
paragraph (2), the Commission shall publish on the 
website of the Commission a disclosure relating to 
the meeting that includes— 
‘‘(A) a list of the persons who attended the 
meeting; and 
‘‘(B) a summary of the matters discussed 
at the meeting, except for any matters that the 
Commission determines may be withheld in ac-
cordance with section 552b(c) of title 5, United 
States Code. 
‘‘(4) PRESERVATION OF OPEN MEETINGS RE-
QUIREMENTS 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 a meeting 
described in paragraph (2).’’. 
Æ 
VerDate Mar 15 2010 
03:25 Feb 15, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H539.IH
H539
tjames on DSK6SPTVN1PROD with BILLS