[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3763 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3763

    To amend title 5, United States Code, to provide for additional 
 requirements for public comments submitted in connection with certain 
       proceedings before the Federal Communications Commission.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 20, 2011

  Ms. Waters introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend title 5, United States Code, to provide for additional 
 requirements for public comments submitted in connection with certain 
       proceedings before the Federal Communications Commission.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``FCC Merging Entities Regulatory 
Guidance and Ethical Reform Act of 2011'' or as the ``FCC MERGER Act''.

SEC. 2. FCC RULES FOR HIDDEN CONFLICTS OF INTEREST.

    Section 554 of title 5, United States Code, is amended by adding at 
the end the following:
    ``(f) The Federal Communications Commission shall create and 
implement rules requiring public disclosure of contributions received 
by any party that submits to the Commission facts, arguments, offers of 
settlement, or proposals of adjustment (either electronically or in 
writing), whenever such contributions may constitute a potential 
conflict of interest. The rules shall apply to all Commission 
proceedings, including rulemaking proceedings, transfers of licenses, 
mergers, combinations, and adjudicatory proceedings. Contributions 
subject to these rules must include but need not be limited to 
financial contributions, contributions in-kind, language to be filed, 
and offers of employment. Contributions may constitute a potential 
conflict of interest if made by a party which has a direct financial 
interest in the outcome of a pending Commission proceeding. Such rules 
implemented by the Commission shall include a requirement of a 
description of any contributions received from any party or applicant 
within one year of a merger, combination, transfer of licenses, 
rulemaking, or adjudicatory proceeding pending before the Commission, 
where such contributions may constitute a conflict of interest.''.

SEC. 3. PROHIBITION ON FORMER OFFICIALS' ACCEPTANCE OF EMPLOYMENT.

    (a) A former official of the Federal Communications Commission may 
not accept employment from a regulated entity as an employee, officer, 
director, or consultant of the regulated entity within a period of one 
year after such former official--
            (1) presided over a proceeding in the transfer of licenses 
        acquired or formerly held by the entity offering employment to 
        the officer;
            (2) presided over a merger, combination, or adjudicatory 
        proceeding in which the entity offering employment was a party 
        to the proceeding; or
            (3) issued for the Commission--
                    (A) a decision to approve a transfer of licenses to 
                the entity offering employment;
                    (B) a decision in a complaint or other adjudicatory 
                proceeding in which the entity offering employment was 
                a party;
    (b) A former official of the Commission who knowingly accepts 
compensation in violation shall be subject to administrative actions 
and penalties as set forth in section 4.
    (c) A regulated entity that offers employment to a former or 
current official of the Commission knowing that such offer is accepted 
by the former or current official in violation of this subsection shall 
be subject to administrative actions and penalties as set forth in 
section 4.
    (d) Regulations implementing this subsection shall include 
procedures for an official or former official of the Commission to 
request advice from the appropriate designated Commission ethics 
official regarding whether the official or former official would be 
precluded by this subsection from accepting compensation from a 
particular regulated entity.

SEC. 4. PENALTIES AND ADMINISTRATIVE ACTIONS.

    The Attorney General may bring civil action in an appropriate 
United States District Court against any person who engages in conduct 
constituting a violation of section 3. Upon proof of such conduct by a 
preponderance of the evidence, the person is subject to a civil 
penalty. An individual who engages in such conduct is subject to a 
civil penalty of not more than $50,000 for each violation plus twice 
the amount of compensation which the individual was offered for the 
prohibited conduct. An organization that engages in such conduct is 
subject to a civil penalty of not more than $500,000 for each violation 
plus twice the amount of compensation which the organization received 
or offered for the prohibited conduct.
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