[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2183 Introduced in House (IH)]

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 Representatives 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 section 5 the following new 
section:

``SEC. 5A. PUBLIC PARTICIPATION AND COMMISSION DECISIONMAKING.

    ``(a) Reform Measures.--The Commission shall promulgate regulations 
in accordance with the following:
            ``(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 deletion;
                    ``(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 deletion; and
                    ``(C) shall provide at least 30 days following the 
                deadline for the submission of reply comments for 
                agency consideration on the record on such proposed 
                regulation, modification, or deletion.
            ``(2) The Commission shall ensure that members 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.
            ``(3) The Commission shall establish deadlines for any 
        Commission order, decision, report, or action for each of the 
        various categories of petitions, applications, complaints, and 
        other filings seeking Commission action.
            ``(4) The Commission shall publish any order, decision, 
        report, or action of the Commission within 30 days after the 
        date of the adoption of such order, decision, report, or 
        action.
            ``(5) The Commission shall notify by letter the 
        chairpersons and ranking members of the Committee on Energy and 
        Commerce of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate--
                    ``(A) indicating that an order, decision, report, 
                or action of the Commission was not published within 30 
                days after the date of the adoption of such order, 
                decision, report, or action;
                    ``(B) identifying such order, decision, report, or 
                action; and
                    ``(C) describing the reason for the delay.
        The Commission shall update by letter such chairpersons and 
        ranking members every 14 days until the publication of such 
        order, decision, report, or action.
            ``(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 proposed decisions pending 
        review by the Commission. For all such decisions on such list 
        for more than 60 days, the Commission shall also name any 
        Commissioners who have not cast a vote on such decision.
    ``(b) Statistical Reports Schedule.--
            ``(1) In general.--The Commission shall catalog, identify, 
        and publish the anticipated release schedule for all 
        statistical reports regularly or intermittently published by 
        the Commission and shall thereafter publish such schedule at 
        least annually.
            ``(2) Notification of delay.--The Commission shall notify 
        by letter the chairpersons and ranking members of the Committee 
        on Energy and Commerce of the House of Representatives and the 
        Committee 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 chairpersons 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 Communications 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 
        enactment 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.
            (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 Commission shall comply with the 
        requirements of paragraphs (1), (2), and (4) of section 5A(a) 
        of the Communications Act of 1934 (as added by subsection (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.
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