[House Report 112-422]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-422

======================================================================

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3309) TO AMEND THE 
  COMMUNICATIONS ACT OF 1934 TO PROVIDE FOR GREATER TRANSPARENCY AND 
  EFFICIENCY IN THE PROCEDURES FOLLOWED BY THE FEDERAL COMMUNICATIONS 
                               COMMISSION

                                _______
                                

   March 26, 2012.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Mr. Webster, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 595]

    The Committee on Rules, having had under consideration 
House Resolution 595, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3309, the 
Federal Communications Commission Process Reform Act of 2011, 
under a structured rule. The resolution provides one hour of 
general debate equally divided and controlled by the chair and 
ranking minority member of the Committee on Energy and 
Commerce. The resolution waives all points of order against 
consideration of the bill. The resolution provides that the 
amendment in the nature of a substitute recommended by the 
Committee on Energy and Commerce now printed in the bill shall 
be considered as original text for the purpose of amendment and 
shall be considered as read. The resolution waives all points 
of order against the amendment in the nature of a substitute. 
The resolution makes in order only those amendments printed in 
this report. Each such amendment may be offered only in the 
order printed in this report, may be offered only by a Member 
designated in this report, shall be considered as read, shall 
be debatable for the time specified in this report equally 
divided and controlled by the proponent and an opponent, shall 
not be subject to amendment, and shall not be subject to a 
demand for division of the question in the House or the 
Committee of the Whole. The resolution waives all points of 
order against amendments printed in this report. The resolution 
provides one motion to recommit with or without instructions.
    Section 2 of the resolution provides that the Speaker may 
appoint Members to perform the duties of the Chair for the 
duration of the period from March 29, 2012, through April 16, 
2012, as though under clause 8(a) of rule I.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the committee amendment in the nature of a substitute made in 
order as original text, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 204

    Motion by Ms. Slaughter to report an open rule. Defeated: 
3-6.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay    Ms. Slaughter....................          Yea
Ms. Foxx........................................          Nay    Mr. McGovern.....................          Yea
Mr. Woodall.....................................          Nay    Mr. Hastings of Florida..........          Yea
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 205

    Motion by Mr. McGovern to make in order and provide the 
appropriate waivers for the amendment offered by Rep. Waters 
(CA), #4, which would require the Federal Communications 
Commission to 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. Defeated: 3-6.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay    Ms. Slaughter....................          Yea
Ms. Foxx........................................          Nay    Mr. McGovern.....................          Yea
Mr. Woodall.....................................          Nay    Mr. Hastings of Florida..........          Yea
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Crowley (NY): Would require, in the event that the FCC 
creates or amends a rule relating to baby monitors, the FCC to 
require the packaging of a new baby monitor to display a 
warning label so that families are informed that video and 
sounds captured by an analog baby monitor may be easily viewed 
or heard by potential intruders outside a consumer's home. (10 
minutes)
    2. Stearns (FL): Would modify existing law so that each FCC 
Commissioner may hire an electrical engineer or computer 
scientist--to provide in-depth technical consultation as well 
as interface with the Office of Engineering and Technology 
(OET) and other Commission technical staff to help inform their 
decisions. (10 minutes)
    3. Waters (CA): Would strike the portion of Section 3 that 
would diminish the Federal Communications Commission's (FCC's) 
capacity to impose or accept voluntary public interest 
conditions or commitments from applicants to a media merger. 
(10 minutes)
    4. Waters (CA): Would prohibit FCC officials from accepting 
employment with a regulated entity within 1 year of the 
official's vote and/or action in a proceeding in which the 
employer was a party or applicant. (10 minutes)
    5. Eshoo (CA): Would require entities sponsoring political 
programming to disclose the identity of any donor that has 
contributed $10,000 or more to such entity in an election 
reporting cycle. (10 minutes)
    6. Diaz-Balart, Mario (FL): Would make the FCC's handling 
of FOIA requests more open and transparent. (10 minutes)
    7. Owens (NY): Would express that nothing in this Act shall 
impede the FCC from implementing rules to ensure broadband 
access in rural areas. (10 minutes)
    8. Green, Al (TX): Would clarify that the Act would not 
impede the FCC's ability to provide in times of an emergency, 
for effective and efficient communication systems to alert the 
public of dangerous weather conditions. (10 minutes)
    9. Speier (CA): Would prevent this Act from taking effect 
until the FCC provides a report on the impact of the changes of 
this Act on the FCC's mandate to promote competition and 
innovation. (10 minutes)
    10. Clarke (NY): Would express that nothing in this Act 
shall impede the FCC from providing efficient and effective 
communication systems for state and local first responders. (10 
minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Crowley of New York or 
                 His Designee, Debatable for 10 Minutes

  Page 7, line 5, strike ``and''.
  Page 7, line 15, strike the period and insert ``; and''.
  Page 7, after line 15, insert the following:
                  ``(F) in the case of the adoption of a rule 
                or the amendment of an existing rule relating 
                to baby monitors, such rule as adopted or 
                amended requires the packaging of an analog 
                baby monitor to display a warning label stating 
                that sounds or images captured by the baby 
                monitor may be easily viewed or heard by 
                potential intruders outside a consumer's home.
                              ----------                              


 2. An Amendment To Be Offered by Representative Stearns of Florida or 
                 His Designee, Debatable for 10 Minutes

  Page 8, line 10, strike ``and''.
  Page 8, after line 10, insert the following (and redesignate 
the subsequent paragraph sequentially):
          ``(3) ensuring that each Commissioner has an adequate 
        opportunity, prior to being required to decide a 
        petition, complaint, application, rulemaking, or other 
        proceeding (including at a meeting held pursuant to 
        section 5(d)), to consult with a professional engineer, 
        hired by the Commissioner, that holds an undergraduate 
        or graduate degree from an institution of higher 
        education in the field of electrical engineering or 
        computer science; and
                              ----------                              


3. An Amendment To Be Offered by Representative Waters of California or 
                 Her Designee, Debatable for 10 Minutes

  Page 15, strike line 17 and all that follows through line 15 
on page 16 (and redesignate subsequent provisions accordingly).
                              ----------                              


4. An Amendment To Be Offered by Representative Waters of California or 
                 Her Designee, Debatable for 10 Minutes

  Page 18, after line 21, insert the following (and redesignate 
subsequent provisions accordingly):
  ``(n) Prohibition on Acceptance of Certain Offers of 
Employment by Commissioners and Employees.--
          ``(1) In general.--A Commissioner or employee of the 
        Commission may not accept an offer of employment from 
        any person as an employee, officer, or director of such 
        person during the 1-year period following the 
        conclusion of a proceeding--
                  ``(A) over which such Commissioner or 
                employee presided and that involved the 
                transfer of licenses to or from the person 
                making the offer of employment;
                  ``(B) over which such Commissioner or 
                employee presided, to which the person making 
                the offer of employment was a party, and that 
                involved a merger, combination, or other 
                adjudication; or
                  ``(C) in which such Commissioner or employee 
                issued a decision under authority delegated by 
                the Commission under section 5(c)(1)--
                          ``(i) if such proceeding involved a 
                        transfer of licenses to or from the 
                        person making the offer of employment; 
                        or
                          ``(ii) if such proceeding involved a 
                        merger, combination, or other 
                        adjudication and the person making the 
                        offer of employment was a party to such 
                        proceeding.
          ``(2) Penalties.--A Commissioner or employee who 
        knowingly accepts an offer of employment in violation 
        of paragraph (1), and a person who knowingly offers 
        employment to a Commissioner or employee under 
        circumstances in which acceptance would constitute a 
        violation of such paragraph, shall be subject to the 
        penalties provided in this Act.
          ``(3) Regulations.--The Commission shall by rule 
        establish procedures for a Commissioner or employee to 
        request advice from an appropriate Commission ethics 
        official regarding whether acceptance of a particular 
        offer of employment would constitute a violation of 
        paragraph (1).
                              ----------                              


5. An Amendment To Be Offered by Representative Eshoo of California or 
                 Her Designee, Debatable for 10 Minutes

  Page 18, after line 21, insert the following (and redesignate 
subsequent provisions accordingly):
  ``(n) Certifications Regarding Identity of Donors for Public 
Inspection Files.--
          ``(1) In general.--The Commission shall revise its 
        rules to require the public inspection file of a 
        broadcast licensee, cable operator, or provider of 
        direct broadcast satellite service to include, from 
        each entity sponsoring political programming, a 
        certification that identifies any donors that have 
        contributed a total of $10,000 or more to such entity 
        in an election reporting cycle.
          ``(2) Accuracy of information.--A broadcast licensee, 
        cable operator, or provider of direct broadcast 
        satellite service may not be held responsible for an 
        inaccuracy in a certification filed under this 
        subsection, unless such licensee, operator, or provider 
        had actual knowledge, at the time such certification 
        was filed, that such certification was false or 
        fraudulent.
          ``(3) Definitions.--In this subsection:
                  ``(A) Cable operator.--The term `cable 
                operator' has the meaning given such term in 
                section 602.
                  ``(B) DBS origination programming.--The term 
                `DBS origination programming' has the meaning 
                given such term in section 25.701 of title 47, 
                Code of Federal Regulations.
                  ``(C) Election reporting cycle.--The term 
                `election reporting cycle' means, with respect 
                to a request to purchase time by an entity 
                sponsoring political programming, the 2-year 
                period that begins on the date of the most 
                recent general election for Federal office 
                preceding such request.
                  ``(D) General election.--The term `general 
                election' means an election occurring on the 
                first Tuesday after the first Monday in 
                November of an even-numbered year.
                  ``(E) Origination cablecasting.--The term 
                `origination cablecasting' has the meaning 
                given such term in section 76.5 of title 47, 
                Code of Federal Regulations.
                  ``(F) Political programming.--The term 
                `political programming' means programming that 
                communicates a message relating to any 
                political matter of national importance, 
                including a legally qualified candidate for 
                public office, any election to Federal office, 
                or a national legislative issue of public 
                importance.
                  ``(G) Programming.--The term `programming' 
                means--
                          ``(I) with respect to a broadcast 
                        licensee, broadcast programming;
                          ``(ii) with respect to a cable 
                        operator, origination cablecasting; and
                          ``(iii) with respect to a provider of 
                        direct broadcast satellite service, DBS 
                        origination programming.
                  ``(H) Provider of direct broadcast satellite 
                service.--The term `provider of direct 
                broadcast satellite service' has the meaning 
                given such term in section 335.
                              ----------                              


6. An Amendment To Be Offered by Representative Diaz-Balart of Florida 
               or His Designee, Debatable for 10 Minutes

  Page 19, after line 13, insert the following (and redesignate 
subsequent provisions accordingly):
  ``(o) Transparency Relating to Performance in Meeting FOIA 
Requirements.--The Commission shall take additional steps to 
inform the public about its performance and efficiency in 
meeting the disclosure and other requirements of section 552 of 
title 5, United States Code (commonly referred to as the 
Freedom of Information Act), including by doing the following:
          ``(1) Publishing on the Commission's website the 
        Commission's logs for tracking, responding to, and 
        managing requests submitted under such section, 
        including the Commission's fee estimates, fee 
        categories, and fee request determinations.
          ``(2) Releasing to the public all decisions made by 
        the Commission (including decisions made by the 
        Commission's Bureaus and Offices) granting or denying 
        requests filed under such section, including any such 
        decisions pertaining to the estimate and application of 
        fees assessed under such section.
          ``(3) Publishing on the Commission's website 
        electronic copies of documents released under such 
        section.
          ``(4) Presenting information about the Commission's 
        handling of requests under such section in the 
        Commission's annual budget estimates submitted to 
        Congress and the Commission's annual performance and 
        financial reports. Such information shall include the 
        number of requests under such section the Commission 
        received in the most recent fiscal year, the number of 
        such requests granted and denied, a comparison of the 
        Commission's processing of such requests over at least 
        the previous 3 fiscal years, and a comparison of the 
        Commission's results with the most recent average for 
        the United States Government as published on 
        www.foia.gov.
                              ----------                              


 7. An Amendment To Be Offered by Representative Owens of New York or 
                 His Designee, Debatable for 10 Minutes

  Page 22, after line 24, insert the following (and redesignate 
the subsequent section accordingly):

SEC. 4. BROADBAND ACCESS IN RURAL AREAS.

  Nothing in this Act (including the amendment made by section 
2 of this Act) shall impede the Federal Communications 
Commission from implementing rules to ensure broadband access 
in rural areas.
                              ----------                              


 8. An Amendment To Be Offered by Representative Al Green of Texas or 
                 His Designee, Debatable for 10 Minutes

  Page 22, after line 24, insert the following (and redesignate 
the subsequent section accordingly):

SEC. 4. PROVISION OF EMERGENCY WEATHER INFORMATION.

  Nothing in subsection (a) of section 13 of the Communications 
Act of 1934, as added by section 2 of this Act, shall be 
construed to impede the Federal Communications Commission from 
acting in times of emergency to ensure the availability of 
efficient and effective communications systems to alert the 
public to imminent dangerous weather conditions.
                              ----------                              


9. An Amendment To Be Offered by Representative Speier of California or 
                 Her Designee, Debatable for 10 Minutes

  Page 22, after line 24, insert the following (and redesignate 
the subsequent section accordingly):

SEC. 4. IMPACT ON COMPETITION AND INNOVATION.

  This Act (including the amendment made by section 2 of this 
Act) shall not take effect until the Federal Communications 
Commission submits to Congress a report on the impact of this 
Act (and amendment) on the mandate of the Commission to promote 
competition and innovation.
                              ----------                              


10. An Amendment To Be Offered by Representative Clarke of New York or 
                 Her Designee, Debatable for 10 Minutes

  Page 22, after line 24, insert the following (and redesignate 
the subsequent section accordingly):

SEC. 4. COMMUNICATIONS OF FIRST RESPONDERS.

  Nothing in this Act (including the amendment made by section 
2 of this Act) shall impede the Federal Communications 
Commission from ensuring the availability of efficient and 
effective communications systems for State and local first 
responders.

                                  
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