House Report 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

[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.

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.