19–008 

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 


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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 


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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. 


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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. 


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‘‘(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 PUB- LIC 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 


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‘‘(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 DIAZBALART 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. 


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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. 

Æ 


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