I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘FCC Merging Entities 

5 Regulatory Guidance and Ethical Reform Act of 2011’’ 

6 or as the ‘‘FCC MERGER Act’’. 


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

2 Section 554 of title 5, United States Code, is amend3 ed by adding at the end the following: 

4 ‘‘(f) The Federal Communications Commission shall 

5 create and implement rules requiring public disclosure of 

6 contributions received by any party that submits to the 

7 Commission facts, arguments, offers of settlement, or pro8 posals of adjustment (either electronically or in writing), 

9 whenever such contributions may constitute a potential 

10 conflict of interest. The rules shall apply to all Commission 

11 proceedings, including rulemaking proceedings, transfers 

12 of licenses, mergers, combinations, and adjudicatory pro13 ceedings. Contributions subject to these rules must include 

14 but need not be limited to financial contributions, con15 tributions in-kind, language to be filed, and offers of em16 ployment. Contributions may constitute a potential con17 flict of interest if made by a party which has a direct fi18 nancial interest in the outcome of a pending Commission 

19 proceeding. Such rules implemented by the Commission 

20 shall include a requirement of a description of any con21 tributions received from any party or applicant within one 

22 year of a merger, combination, transfer of licenses, rule23 making, or adjudicatory proceeding pending before the 

24 Commission, where such contributions may constitute a 

25 conflict of interest.’’. 


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1 SEC. 3. PROHIBITION ON FORMER OFFICIALS’ ACCEPT2 ANCE OF EMPLOYMENT. 

3 (a) A former official of the Federal Communications 

4 Commission may not accept employment from a regulated 

5 entity as an employee, officer, director, or consultant of 

6 the regulated entity within a period of one year after such 

7 former official— 

8 (1) presided over a proceeding in the transfer 

9 of licenses acquired or formerly held by the entity of10 fering employment to the officer; 

11 (2) presided over a merger, combination, or ad12 judicatory proceeding in which the entity offering 

13 employment was a party to the proceeding; or 

14 (3) issued for the Commission— 

15 (A) a decision to approve a transfer of li16 censes to the entity offering employment; 

17 (B) a decision in a complaint or other ad18 judicatory proceeding in which the entity offer19 ing employment was a party; 

20 (b) A former official of the Commission who know21 ingly accepts compensation in violation shall be subject to 

22 administrative actions and penalties as set forth in section 

23 4. 

24 (c) A regulated entity that offers employment to a 

25 former or current official of the Commission knowing that 

26 such offer is accepted by the former or current official in 


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1 violation of this subsection shall be subject to administra2 tive actions and penalties as set forth in section 4. 

3 (d) Regulations implementing this subsection shall in4 clude procedures for an official or former official of the 

5 Commission to request advice from the appropriate des6 ignated Commission ethics official regarding whether the 

7 official or former official would be precluded by this sub8 section from accepting compensation from a particular 

9 regulated entity. 

10 SEC. 4. PENALTIES AND ADMINISTRATIVE ACTIONS. 

11 The Attorney General may bring civil action in an 

12 appropriate United States District Court against any per13 son who engages in conduct constituting a violation of sec14 tion 3. Upon proof of such conduct by a preponderance 

15 of the evidence, the person is subject to a civil penalty. 

16 An individual who engages in such conduct is subject to 

17 a civil penalty of not more than $50,000 for each violation 

18 plus twice the amount of compensation which the indi19 vidual was offered for the prohibited conduct. An organi20 zation that engages in such conduct is subject to a civil 

21 penalty of not more than $500,000 for each violation plus 

22 twice the amount of compensation which the organization 

23 received or offered for the prohibited conduct. 

Æ 


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