[House Report 114-581]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-581
======================================================================
A BILL TO AMEND THE COMMUNICATIONS ACT OF 1934 TO REQUIRE THE FEDERAL
COMMUNICATIONS COMMISSION TO PUBLISH ON ITS INTERNET WEBSITE THE TEXT
OF ANY ITEM THAT IS ADOPTED BY VOTE OF THE COMMISSION NOT LATER THAN 24
HOURS AFTER RECEIPT OF DISSENTING STATEMENTS FROM ALL COMMISSIONERS
WISHING TO SUBMIT SUCH A STATEMENT WITH RESPECT TO SUCH ITEM
_______
May 23, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Upton, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 2589]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 2589) to amend the Communications Act of 1934 to
require the Federal Communications Commission to publish on its
Internet website changes to the rules of the Commission not
later than 24 hours after adoption, having considered the same,
report favorably thereon with amendments and recommend that the
bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
Statement of General Performance Goals and Objectives............ 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 4
Committee Cost Estimate.......................................... 5
Congressional Budget Office Estimate............................. 5
Federal Mandates Statement....................................... 6
Duplication of Federal Programs.................................. 6
Disclosure of Directed Rule Makings.............................. 6
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 6
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. TIMELY AVAILABILITY OF ITEMS ADOPTED BY VOTE OF THE
COMMISSION.
(a) Amendment.--Section 4 of the Communications Act of 1934 (47
U.S.C. 154) is amended by adding at the end the following:
``(p) In the case of any item that is adopted by vote of the
Commission, the Commission shall publish on the Internet website of the
Commission the text of such item not later than 24 hours after the
Secretary of the Commission has received dissenting statements from all
Commissioners wishing to submit such a statement with respect to such
item.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to an item that is adopted after the date that is 30 days
after the date of the enactment of this Act.
Amend the title so as to read:
A bill to amend the Communications Act of 1934 to require
the Federal Communications Commission to publish on its
Internet website the text of any item that is adopted by vote
of the Commission not later than 24 hours after receipt of
dissenting statements from all Commissioners wishing to submit
such a statement with respect to such item.
Purpose and Summary
H.R. 2589 requires the Federal Communications Commission
(FCC, the Commission, or the Agency) to publish its newly
adopted rules not later than 24 hours after the last dissenting
statement, if any, has been filed. This legislation is needed
to increase visibility into the Commission's rulemaking
activity and to ensure timely notice to the public of the new
requirements set by the FCC.
Background and Need for Legislation
H.R. 2589 is one of a suite of bills intended to improve
process and transparency at the FCC. Other bills include H.R.
2583, the FCC Process Reform Act; H.R. 2592, to amend the
Communications Act of 1934 to require the Federal
Communications Commission to publish on the website of the
Commission documents to be voted on by the Commission; and H.R.
2593, to amend the Communications Act of 1934 to require
identification and description on the website of the Federal
Communications Commission of items to be decided on authority
delegated by the Commission.
The Committee has devoted significant attention to the
improvement of process and transparency at the Commission.
Among other things, the Committee has been concerned about the
length of time between the FCC's adoption of new rules and the
public availability of those new rules. Without clear rules,
the Commission can choose to delay the publication of the item
that it has voted, preventing the public and affected
stakeholders from fully understanding the impact of the
Commission's actions. In the most egregious instances, the
Commission has allowed an entire year to elapse after voting
before releasing the text of a document to the public.\1\
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\1\See In the Matter of Annual Assessment of the Status of
Competition in the Market for the Delivery of Video Programming,
Thirteenth Annual Report, Dkt No. 06-189, 24 FCC Rcd 542 (2009), which
the FCC adopted on Nov. 27, 2007 but did not release until Jan. 16,
2009.
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Part of the reason for this delay is the routine practice
of granting the Commission staff ``editorial privileges,''\2\
which can vary from proofreading and cleaning up the
document,\3\ to making changes to the text of the item to
address arguments raised by dissenting Commissioners. In fact,
one expert, in his review of the FCC timeline, posits that the
lag between the vote and the publication of the Order becomes
more likely when the Commissioners are divided and the item is
controversial.\4\ Each Commissioner is entitled to issue a
statement outlining the reasons for his or her dissent, and
usually, the Chairman will seek to address the stated concerns
in a dissent. The FCC's general counsel notes that this is
necessary to ensure that the document withstands judicial
scrutiny.\5\ On the other hand, others have pointed out that
dissenting views and arguments are generally expressed well in
advance of the vote and therefore should pose no surprise to
the drafters of the item.\6\
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\2\The concept of ``editorial privileges'' is itself controversial
as there does not appear to be any support for the practice in the laws
governing the Commission's process. See e.g. Commissioner Michael
O'Rielly, ``Fixing Flawed and Non-Existent `Editorial Privileges,'''
FCC Blog, Mar. 9, 2015 at http://www.fcc.gov/blog/fixing-flawed-and-
non-existent-editorial-privileges (``O'Rielly Blog Post'').
\3\See Jonathan Sallet, ``The Process of Governance: The FCC & the
Open Internet Order,'' FCC Blog, Mar. 2, 2015 at http://www.fcc.gov/
blog/process-governance-fcc-open-internet-order. (``Sallet Blog
Post'').
\4\See Scott Wallsten, ``Administrative Procedures, Bureaucracy,
and Transparency: Why does the FCC Vote on Secret Texts?'' Technology
Policy Institute, Feb. 10, 2015 at 3 at https://
www.techpolicyinstitute.org/files/
wallsten_administrativeproceduresbureaucracyandtransparency.pdf.
\5\See Sallet Blog Post.
\6\See O'Rielly Blog Post, infra at 13.
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Lately, the lag between vote and publication is much
smaller. During 2011, the average time between the adoption and
release of an item was 2.2 days; the average time between the
adoption of an item and its publication in the Federal Register
has been 37.3 days.\7\ Even so, outliers continue to plague the
Commission's record. For example, the recent Order on the
Lifeline Fund adopted at the Commission's March Open Meeting
was not released until 27 days later.\8\
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\7\See House Energy and Commerce Committee, Staff Report on the
Workload of the Federal Communications Commission (Nov. 15, 2011) at 3,
at https://energycommerce.house.gov/news-center/analyses/committee-
releases-report-workload-federal-communications-commission.
\8\See in the Matter of Lifeline and Link Up Reform and
Modernization, et al., Third Report and order, Further Report and
Order, and Order on Recondsideration, WC Dkt Nos. 11-42, 09-197, 10-90,
31 FCC Rcd 973 (2016).
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H.R. 2589, as amended, requires the FCC to publish its
decisions 24 hours after the last dissenting statement, if any,
is filed. H.R. 2589 seeks to limit the practice of delayed
publication, sometimes due to the late receipt of dissenting
statements from Commissioners, while maintaining the
requirements under the Administrative Procedure Act to ensure
explanatory text is included with any rule changes.
Hearings
On April 30, 2015, the Subcommittee on Communications and
Technology held a hearing entitled ``FCC Reauthorization:
Improving Commission Transparency'' to review a discussion
draft entitled ``To amend the Communications Act of 1934 to
require the Federal Communications Commission to publish on its
Internet website changes to the rules of the Commission not
later than 24 hours after adoption.'' The discussion draft was
identical to H.R. 2589. The Subcommittee received testimony
from:
Tom Wheeler, Chairman, Federal Communications
Commission and
Michael O'Rielly, Commissioner, Federal
Communications Commission.
Committee Consideration
On May 20, 2015, the Subcommittee on Communications and
Technology met in open markup session and forwarded a
discussion of a draft entitled ``To amend the Communications
Act of 1934 to require the Federal Communications Commission to
publish on its Internet website changes to the rules of the
Commission not later than 24 hours after adoption,'' without
amendment, to the full Committee by a voice vote.
Representative Ellmers introduced H.R. 2589 on June 1,
2015. H.R. 2589 was identical to the discussion draft forwarded
by the Subcommittee.
On April 26, 27, and 28, 2016, the Committee on Energy and
Commerce met in open markup session and ordered H.R. 2589, as
amended, reported to the House by a voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering
H.R. 2589 reported.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee held a hearing and made
findings that are reflected in this report.
Statement of General Performance Goals and Objectives
The goal and objective of H.R. 2589 is to increase
transparency at the FCC to ensure that the agency provides
adopted rules to the public in a timely manner. Specifically,
the bill requires the FCC to publish the rules adopted within
24 hours after the last dissenting statement, if any, is filed.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
2589 would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Earmark, Limited Tax Benefits, and Limited Tariff Benefits
In compliance with clause 9(e), 9(f), and 9(g) of rule XXI
of the Rules of the House of Representatives, the Committee
finds that H.R. 2589 contains no earmarks, limited tax
benefits, or limited tariff benefits.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 17, 2016.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2589, a bill to
amend the Communications Act of 1934 to require the Federal
Communications Commission to publish on its Internet website
the text of any item that is adopted by a vote of the
Commission not later than 24 hours after receipt of dissenting
statements from all Commissioners wishing to submit such a
statement with respect to such item.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Kathleen
Gramp.
Sincerely,
Keith Hall.
Enclosure.
H.R. 2589--A bill to amend the Communications Act of 1934 to require
the Federal Communications Commission to publish on its
Internet website the text of any item that is adopted by vote
of the Commission not later than 24 hours after receipt of
dissenting statements from all Commissioners wishing to submit
such a statement with respect to such item
H.R. 2589 would establish deadlines for the publication of
certain information developed by the Federal Communications
Commission (FCC). The FCC is an independent agency governed by
a five-member commission that regulates various aspects of
wireline (telephone, for example), wireless, cable, and
satellite communications. Under this bill, the text of any
decisions that are subject to a vote by the commissioners would
have to be published on the agency's website within 24 hours
after the secretary of the commission receives the text of any
dissenting statements.
Based on information from the FCC, CBO estimates that
complying with the requirements in H.R. 2589 would have no
significant effect on the agency's workload or costs. Moreover,
under current law, the FCC is authorized to collect fees
sufficient to offset the cost of its regulatory activities each
year. Therefore, CBO estimates that the net cost to implement
H.R. 2589 would be negligible, assuming annual appropriation
actions consistent with the agency's authorities. Because
enacting H.R. 2589 would not affect direct spending or
revenues, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 2589 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 2589 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Kathleen Gramp.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Duplication of Federal Programs
No provision of H.R. 2589 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting H.R. 2589
specifically directs to be completed 0 rule makings within the
meaning of 5 U.S.C. 551.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Timely availability of changes to rules of the Commission.
This section requires the Commission to post the text of
its rules (i.e., the actual modifications to the Code of
Federal Regulations) on its Internet website within 24 hours of
the filing of the last dissenting statement, if any.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
COMMUNICATIONS ACT OF 1934
TITLE I--GENERAL PROVISIONS
* * * * * * *
SEC. 4. PROVISIONS RELATING TO THE COMMISSION.
(a) The Federal Communications Commission (in this Act
referred to as the ``Commission'') shall be composed of five
Commissioners appointed by the President, by and with the
advice and consent of the Senate, one of whom the President
shall designate as chairman.
(b)(1) Each member of the Commission shall be a citizen of
the United States.
(2)(A) No member of the Commission or person employed by the
Commission shall--
(i) be financially interested in any company or other
entity engaged in the manufacture or sale of
telecommunications equipment which is subject to
regulation by the Commission;
(ii) be financially interested in any company or
other entity engaged in the business of communication
by wire or radio or in the use of the electromagnetic
spectrum;
(iii) be financially interested in any company or
other entity which controls any company or other entity
specified in clause (i) or clause (ii), or which
derives a significant portion of its total income from
ownership of stocks, bonds, or other securities of any
such company or other entity; or
(iv) be employed by, hold any official relation to,
or own any stocks, bonds, or other securities of, any
person significantly regulated by the Commission under
this Act;
except that the prohibitions established in this subparagraph
shall apply only to financial interests in any company or other
entity which has a significant interest in communications,
manufacturing, or sales activities which are subject to
regulation by the Commission.
(B)(i) The Commission shall have authority to waive, from
time to time, the application of the prohibitions established
in subparagraph (A) to persons employed by the Commission if
the Commission determines that the financial interests of a
person which are involved in a particular case are minimal,
except that such waiver authority shall be subject to the
provisions of section 208 of title 18, United States Code. The
waiver authority established in this subparagraph shall not
apply with respect to members of the Commission.
(ii) In any case in which the Commission exercises the waiver
authority established in this subparagraph, the Commission
shall publish notice of such action in the Federal Register and
shall furnish notice of such action to the appropriate
committees of each House of the Congress. Each such notice
shall include information regarding the identity of the person
receiving the waiver, the position held by such person, and the
nature of the financial interests which are the subject of the
waiver.
(3) The Commission, in determining whether a company or other
entity has a significant interest in communications,
manufacturing, or sales activities which are subject to
regulation by the Commission, shall consider (without excluding
other relevant factors)--
(A) the revenues, investments, profits, and
managerial efforts directed to the related
communications, manufacturing, or sales activities of
the company or other entity involved, as compared to
the other aspects of the business of such company or
other entity;
(B) the extent to which the Commission regulates and
oversees the activities of such company or other
entity;
(C) the degree to which the economic interests of
such company or other entity may be affected by any
action of the Commission; and
(D) the perceptions held by the public regarding the
business activities of such company or other entity.
(4) Members of the Commission shall not engage in any other
business, vocation, profession, or employment while serving as
such members.
(5) The maximum number of commissioners who may be members of
the same political party shall be a number equal to the least
number of commissioners which constitutes a majority of the
full membership of the Commission.
(c) Commissioners shall be appointed for terms of five years
and until their successors are appointed and have been
confirmed and taken the oath of office, except that they shall
not continue to serve beyond the expiration of the next session
of Congress subsequent to the expiration of said fixed term of
office; except that any person chosen to fill a vacancy shall
be appointed only for the unexpired term of the Commissioner
whom he succeeds. No vacancy in the Commission shall impair the
right of the remaining commissioners to exercise all the powers
of the Commission.
(d) Each Commissioner shall receive an annual salary at the
annual rate payable from time to time for level IV of the
Executive Schedule, payable in monthly installments. The
Chairman of the Commission, during the period of his service as
Chairman, shall receive an annual salary at the annual rate
payable from time to time for level III of the Executive
Schedule.
(e) The principal office of the Commission shall be in the
District of Columbia, where its general sessions shall be held;
but whenever the convenience of the public or of the parties
may be promoted or delay or expense prevented thereby, the
Commission may hold special sessions in any part of the United
States.
(f)(1) The Commission shall have authority, subject to the
provisions of the civil-service laws and the Classification Act
of 1949, as amended, to appoint such officers, engineers,
accountants, attorneys, inspectors, examiners, and other
employees as are necessary in the exercise of its functions.
(2) Without regard to the civil-service laws, but subject to
the Classification Act of 1949, each commissioner may appoint
three professional assistants and a secretary, each of whom
shall perform such duties as such commissioner shall direct. In
addition, the chairman of the Commission may appoint, without
regard to the civil-service laws, but subject to the
Classification Act of 1949, an administrative assistant who
shall perform such duties as the chairman shall direct.
(3) The Commission shall fix a reasonable rate of extra
compensation for overtime services of engineers in charge and
radio engineers of the Field Engineering and Monitoring Bureau
of the Federal Communications Commission, who may be required
to remain on duty between the hours of 5 o'clock postmeridian
and 8 o'clock antemeridian or on Sundays or holidays to perform
services in connection with the inspection of ship radio
equipment and apparatus for the purposes of part II of title
III of this Act or the Great Lakes Agreement, on the basis of
one-half day's additional pay for each two hours or fraction
thereof of at least one hour that the overtime extends beyond 5
o'clock postmeridian (but not to exceed two and one-half days'
pay for the full period from 5 o'clock postmeridian to 8
o'clock antemeridian) and two additional days' pay for Sunday
or holiday duty. The said extra compensation for overtime
services shall be paid by the master, owner, or agent of such
vessel to the local United States collector of customs or his
representative, who shall deposit such collection into the
Treasury of the United States to an appropriately designated
receipt account: Provided, That the amounts of such collections
received by the said collector of customs or his
representatives shall be covered into the Treasury as
miscellaneous receipts; and the payments of such extra
compensation to the several employees entitled thereto shall be
made from the annual appropriations for salaries and expenses
of the Commission: Provided further, That to the extent that
the annual appropriations which are hereby authorized to be
made from the general fund of the Treasury are insufficient,
there are hereby authorized to be appropriated from the general
fund of the Treasury such additional amounts as may be
necessary to the extent that the amounts of such receipts are
in excess of the amounts appropriated: Provided further, That
such extra compensation shall be paid if such field employees
have been ordered to report for duty and have so reported
whether the actual inspection of the radio equipment or
apparatus takes place or not: And provided further, That in
those ports where customary working hours are other than those
hereinabove mentioned, the engineers in charge are vested with
authority to regulate the hours of such employees so as to
agree with prevailing working hours in said ports where
inspections are to be made, but nothing contained in this
proviso shall be construed in any manner to alter the length of
a working day for the engineers in charge and radio engineers
or the overtime pay herein fixed: and Provided further, That,
in the alternative, an entity designated by the Commission may
make the inspections referred to in this paragraph.
(4)(A) The Commission, for purposes of preparing or
administering any examination for an amateur station operator
license, may accept and employ the voluntary and uncompensated
services of any individual who holds an amateur station
operator license of a higher class than the class of license
for which the examination is being prepared or administered. In
the case of examinations for the highest class of amateur
station operator license, the Commission may accept and employ
such services of any individual who holds such class of
license.
(B)(i) The Commission, for purposes of monitoring violations
of any provision of this Act (and of any regulation prescribed
by the Commission under this Act) relating to the amateur radio
service, may--
(I) recruit and train any individual licensed by the
Commission to operate an amateur station; and
(II) accept and employ the voluntary and
uncompensated services of such individual.
(ii) The Commission, for purposes of recruiting and training
individuals under clause (i) and for purposes of screening,
annotating, and summarizing violation reports referred under
clause (i), may accept and employ the voluntary and
uncompensated services of any amateur station operator
organization.
(iii) The functions of individuals recruited and trained
under this subparagraph shall be limited to--
(I) the detection of improper amateur radio
transmissions;
(II) the conveyance to Commission personnel of
information which is essential to the enforcement of
this Act (or regulations prescribed by the Commission
under this Act) relating to the amateur radio service;
and
(III) issuing advisory notices, under the general
direction of the Commission, to persons who apparently
have violated any provision of this Act (or regulations
prescribed by the Commission under this Act) relating
to the amateur radio service.
Nothing in this clause shall be construed to grant individuals
recruited and trained under this subparagraph any authority to
issue sanctions to violators or to take any enforcement action
other than any action which the Commission may prescribe by
rule.
(C)(i) The Commission, for purposes of monitoring violations
of any provision of this Act (and of any regulation prescribed
by the Commission under this Act) relating to the citizens band
radio service, may--
(I) recruit and train any citizens band radio
operator; and
(II) accept and employ the voluntary and
uncompensated services of such operator.
(ii) The Commission, for purposes of recruiting and training
individuals under clause (i) and for purposes of screening,
annotating, and summarizing violation reports referred under
clause (i), may accept and employ the voluntary and
uncompensated services of any citizens band radio operator
organization. The Commission, in accepting and employing
services of individuals under this subparagraph, shall seek to
achieve a broad representation of individuals and organizations
interested in citizens band radio operation.
(iii) The functions of individuals recruited and trained
under this subparagraph shall be limited to--
(I) the detection of improper citizens band radio
transmissions;
(II) the conveyance to Commission personnel of
information which is essential to the enforcement of
this Act (or regulations prescribed by the Commission
under this Act) relating to the citizens band radio
service; and
(III) issuing advisory notices, under the general
direction of the Commission, to persons who apparently
have violated any provision of this Act (or regulations
prescribed by the Commission under this Act) relating
to the citizens band radio service.
Nothing in this clause shall be construed to grant individuals
recruited and trained under this subparagraph any authority to
issue sanctions to violators or to take any enforcement action
other than any action which the Commission may prescribe by
rule.
(D) The Commission shall have the authority to endorse
certification of individuals to perform transmitter
installation, operation, maintenance, and repair duties in the
private land mobile services and fixed services (as defined by
the Commission by rule) if such certification programs are
conducted by organizations or committees which are
representative of the users in those services and which consist
of individuals who are not officers or employees of the Federal
Government.
(E) The authority of the Commission established in this
paragraph shall not be subject to or affected by the provisions
of part III of title 5, United States Code, or section 3679(b)
of the Revised Statutes (31 U.S.C. 665(b)).
(F) Any person who provides services under this paragraph
shall not be considered, by reason of having provided such
services, a Federal employee.
(G) The Commission, in accepting and employing services of
individuals under subparagraphs (A) and (B), shall seek to
achieve a broad representation of individuals and organizations
interested in amateur station operation.
(H) The Commission may establish rules of conduct and other
regulations governing the service of individuals under this
paragraph.
(I) With respect to the acceptance of voluntary uncompensated
services for the preparation, processing, or administration of
examinations for amateur station operator licenses, pursuant to
subparagraph (A) of this paragraph, individuals, or
organizations which provide or coordinate such authorized
volunteer services may recover from examinees reimbursement for
out-of-pocket costs.
(5)(A) The Commission, for purposes of preparing and
administering any examination for a commercial radio operator
license or endorsement, may accept and employ the services of
persons that the Commission determines to be qualified. Any
person so employed may not receive compensation for such
services, but may recover from examinees such fees as the
Commission permits, considering such factors as public service
and cost estimates submitted by such person.
(B) The Commission may prescribe regulations to select,
oversee, sanction, and dismiss any person authorized under this
paragraph to be employed by the Commission.
(C) Any person who provides services under this paragraph or
who provides goods in connection with such services shall not,
by reason of having provided such service or goods, be
considered a Federal or special government employee.
(g)(1) The Commission may make such expenditures (including
expenditures for rent and personal services at the seat of
government and elsewhere, for office supplies, lawbooks,
periodicals, and books of reference, for printing and binding,
for land for use as sites for radio monitoring stations and
related facilities, including living quarters where necessary
in remote areas, for the construction of such stations and
facilities, and for the improvement, furnishing, equipping, and
repairing of such stations and facilities and of laboratories
and other related facilities (including construction of minor
subsidiary buildings and structures not exceeding $25,000 in
any one instance) used in connection with technical research
activities), as may be necessary for the execution of the
functions vested in the Commission and as may be appropriated
for by the Congress in accordance with the authorizations of
appropriations established in section 6. All expenditures of
the Commission, including all necessary expenses for
transportation incurred by the commissioners or by their
employees, under their orders, in making any investigation or
upon any official business in any other places than in the city
of Washington, shall be allowed and paid on the presentation of
itemized vouchers therefor approved by the chairman of the
Commission or by such other members or officer thereof as may
be designated by the Commission for that purpose.
(2)(A) If--
(i) the necessary expenses specified in the last
sentence of paragraph (1) have been incurred for the
purpose of enabling commissioners or employees of the
Commission to attend and participate in any convention,
conference, or meeting;
(ii) such attendance and participation are in
furtherance of the functions of the Commission; and
(iii) such attendance and participation are requested
by the person sponsoring such convention, conference,
or meeting;
then the Commission shall have authority to accept direct
reimbursement from such sponsor for such necessary expenses.
(B) The total amount of unreimbursed expenditures made by the
Commission for travel for any fiscal year, together with the
total amount of reimbursements which the Commission accepts
under subparagraph (A) for such fiscal year, shall not exceed
the level of travel expenses appropriated to the Commission for
such fiscal year.
(C) The Commission shall submit to the appropriate committees
of the Congress, and publish in the Federal Register, quarterly
reports specifying reimbursements which the Commission has
accepted under this paragraph.
(D) The provisions of this paragraph shall cease to have any
force or effect at the end of fiscal year 1994.
(E) Funds which are received by the Commission as
reimbursements under the provisions of this paragraph after the
close of a fiscal year shall remain available for obligation.
(3)(A) Notwithstanding any other provision of law, in
furtherance of its functions the Commission is authorized to
accept, hold, administer, and use unconditional gifts,
donations, and bequests of real, personal, and other property
(including voluntary and uncompensated services, as authorized
by section 3109 of title 5, United States Code).
(B) The Commission, for purposes of providing radio club and
military-recreational call signs, may utilize the voluntary,
uncompensated, and unreimbursed services of amateur radio
organizations authorized by the Commission that have tax-exempt
status under section 501(c)(3) of the Internal Revenue Code of
1986.
(C) For the purpose of Federal law on income taxes, estate
taxes, and gift taxes, property or services accepted under the
authority of subparagraph (A) shall be deemed to be a gift,
bequest, or devise to the United States.
(D) The Commission shall promulgate regulations to carry out
the provisions of this paragraph. Such regulations shall
include provisions to preclude the acceptance of any gift,
bequest, or donation that would create a conflict of interest
or the appearance of a conflict of interest.
(h) Three members of the Commission shall constitute a quorum
thereof. The Commission shall have an official seal which shall
be judicially noticed.
(i) The Commission may perform any and all acts, make such
rules and regulations, and issue such orders, not inconsistent
with this Act, as may be necessary in the execution of its
functions.
(j) The Commission may conduct its proceedings in such manner
as will best conduce to the proper dispatch of business and to
the ends of justice. No commissioner shall participate in any
hearing or proceeding in which he has a pecuniary interest. Any
party may appear before the Commission and be heard in person
or by attorney. Every vote and official act the Commission
shall be entered of record, and its proceedings shall be public
upon the request of any party interested. The Commission is
authorized to withhold publication of records or proceedings
containing secret information affecting the national defense.
(k) The Commission shall make an annual report to Congress,
copies of which shall be distributed as are other reports
transmitted to Congress. Such reports shall contain--
(1) such information and data collected by the
Commission as may be considered of value in the
determination of questions connected with the
regulation of interstate and foreign wire and radio
communication and radio transmission of energy;
(2) such information and data concerning the
functioning of the Commission as will be of value to
Congress in appraising the amount and character of the
work and accomplishments of the Commission and the
adequacy of its staff and equipment;
(3) an itemized statement of all funds expended
during the preceding year by the Commission, of the
sources of such funds, and of the authority in this Act
or elsewhere under which such expenditures were made;
and
(4) specific recommendations to Congress as to
additional legislation which the Commission deems
necessary or desirable, including all legislative
proposals submitted for approval to the Director of the
Office of Management and Budget.
(l) All reports of investigations made by the Commission
shall be entered of record, and a copy thereof shall be
furnished to the party who may have complained, and to any
common carrier or licensee that may have been complained of.
(m) The Commission shall provide for the publication of its
reports and decisions in such form and manner as may be best
adapted for public information and use, and such authorized
publications shall be competent evidence of the reports and
decisions of the Commission therein contained in all courts of
the United States and of the several States without any further
proof or authentication thereof.
(n) Rates of compensation of persons appointed under this
section shall be subject to the reduction applicable to
officers and employees of the Federal Government generally.
(o) For the purpose of obtaining maximum effectiveness from
the use of radio and wire communications in connection with
safety of life and property, the Commission shall investigate
and study all phases of the problem and the best methods of
obtaining the cooperation and coordination of these systems.
(p) In the case of any item that is adopted by vote of the
Commission, the Commission shall publish on the Internet
website of the Commission the text of such item not later than
24 hours after the Secretary of the Commission has received
dissenting statements from all Commissioners wishing to submit
such a statement with respect to such item.
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