[Senate Report 111-251]
[From the U.S. Government Publishing Office]
111th Congress Report
SENATE
2d Session 111-251
_______________________________________________________________________
Calendar No. 521
FCC COMMISSIONERS' TECHNICAL RESOURCE ENHANCEMENT ACT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2881
August 5, 2010.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eleventh congress
second session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota JOHN ENSIGN, Nevada
BARBARA BOXER, California JIM DeMINT, South Carolina
BILL NELSON, Florida JOHN THUNE, South Dakota
MARIA CANTWELL, Washington ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey GEORGE S. LeMIEUX, Florida
MARK PRYOR, Arkansas JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota SAM BROWNBACK, Kansas
TOM UDALL, New Mexico MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
Ellen Doneski, Staff Director
James Reid, Deputy Staff Director
Bruce Andrews, General Counsel
Ann Begeman, Republican Staff Director
Brian Hendricks, Republican General Counsel
Todd Bertoson, Republican Senior Counsel
Calendar No. 521
111th Congress Report
SENATE
2d Session 111-251
======================================================================
FCC COMMISSIONERS' TECHNICAL RESOURCE ENHANCEMENT ACT
_______
August 5, 2010.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
REPORT
[To accompany S. 2881]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2881) to examine and provide
technical resources to the Federal Communications Commission
(FCC or Commission), having considered the same, reports
favorably thereon with an amendment (in the nature of a
substitute) and recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 2881 is to allow each FCC Commissioner to
appoint an electrical engineer or computer scientist to provide
the Commissioner technical consultation and to direct the FCC
Chairman to enter into an arrangement with the National Academy
of Sciences to analyze the FCC's technical policy decision
making and personnel.
Background and Needs
The Communications Act of 1934 (47 U.S.C. 154(f)(2))
(Communications Act) currently allows each FCC Commissioner to
hire three professional assistants and a secretary, but the
Communications Act does not specifically require that those
assistants have technical expertise. The Communications Act
Amendments, 1952, also known as the McFarland Amendments,
amended the Communications Act of 1934 to allow FCC
Commissioners to appoint an engineering assistant (along with a
legal assistant and a secretary) to their staffs. The
Communications Amendments Act of 1982 eliminated that
provision, and instead allowed each Commissioner to hire three
professional assistants. With the rapid advancement of
technologies within the telecommunications industry, it is
important that the Commission has the necessary technical
expertise to make well-informed regulatory decisions. S. 2881
would address this need in two ways. First, the bill would
amend the Communications Act to allow each FCC Commissioner
specific authority to appoint an electrical engineer or
computer scientist to his or her personal staff to provide the
Commissioner with individual technical consultation. This
electrical engineer or computer scientist would be in addition
to the four other staffers provided to each Commissioner under
current law. Second, S. 2881 would direct the FCC Chairman to
enter into an agreement with the National Academy of Sciences
to complete a study examining the adequacy of the FCC's
technical and engineering resources and policy decisions.
Legislative History
S. 2881 was introduced on December 14, 2009, by Senator
Olympia Snowe (with Senator Mark Warner as an original
cosponsor) and was subsequently referred to the Committee on
Commerce, Science, and Transportation. Senators Kaufman and
Kerry also cosponsored the bill. On March 24, 2010, the
Committee met in executive session and, by voice vote, ordered
S. 2881 reported with an amendment in the nature of a
substitute.
The amendment incorporated S. 3042, a bill to provide for a
study by the National Academy of Sciences on the technical
policy decisions and technical personnel at the Federal
Communications Commission. S. 3042 was introduced by Senator
Snowe and Senator Kaufman on February 25, 2010, and was
referred to the Committee on Commerce, Science, and
Transportation.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
April 6, 2010.
Hon. John D. Rockefeller IV,
Chairman, Committee on Commerce, Science, and Transportation, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2881, the FCC
Commissioners' Technical Resource Enhancement Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susan Willie.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 2881--FCC Commissioners' Technical Resource Enhancement Act
Summary: S. 2881 would authorize each Commissioner of the
Federal Communications Commission (FCC) to appoint an
electrical engineer or computer scientist to his or her staff.
The bill also would authorize the appropriation of $1 million
for fiscal years 2011 and 2012 for the FCC, in cooperation with
the National Academy of Sciences, to undertake a study of the
adequacy of the FCC's technical and engineering resources to
support decision making.
Based on information from the FCC, CBO estimates that
implementing S. 2881 would cost $7 million over the 2011-2015
period, assuming appropriation of the necessary amounts. Pay-
as-you-go procedures do not apply to this legislation because
it would not affect direct spending or revenues.
S. 2881 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2881 is shown in the following table.
The costs of this legislation fall within budget function 370
(commerce and housing credit).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2011 2012 2013 2014 2015 2011-2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level........................... 2 2 1 1 1 7
Estimated Outlays....................................... 2 2 1 1 1 7
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted near the end of fiscal year 2010, that the
necessary amounts will be appropriated each year, and that
spending will follow historical patterns for similar
activities.
S. 2881 would authorize the FCC to appoint an electrical
engineer or computer scientist to the staff of each of the
agency's Commissioners. The bill also would authorize the
appropriation of $1 million in fiscal years 2011 and 2012 to
evaluate the Commission's technical and engineering resources
to determine whether it has adequate resources to evaluate the
technical aspects of its rulemaking decisions.
Based on information from the FCC, CBO estimates that
implementing S. 2881 would increase spending subject to
appropriation by $7 million over the 2011-2015 period.
Approximately $1 million per year would be attributed to cost
of salaries and overhead for the Commissioners' additional
staff
Pay-As-You-Go Considerations: None.
Intergovernmental and private-sector impact: S. 2881
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Estimate prepared by: Federal Costs: Susan Willie; Impact
on State, Local, and Tribal Governments: Elizabeth Cove
Delisle; Impact on the Private Sector: Sam Wice.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 2881 is not expected to subject any private individuals or
businesses to new regulations.
ECONOMIC IMPACT
S. 2881 is not expected to have an adverse impact on the
nation's economy.
PRIVACY
S. 2881 is not expected to have an adverse effect on the
personal privacy of any individuals.
PAPERWORK
S. 2881 is not expected to increase current paperwork levels
on private individuals or businesses.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
items contained in the bill, as reported, meet the definition
of congressionally directed spending items under the rule.
Section-by-Section Analysis
Section 1. Short Title.
Section 1 would establish the short title of the Act as the
FCC Commissioners' Technical Resource Enhancement Act.
Section 2. Appointment of Technical Staff.
This section would amend section 4(f)(2) of the
Communications Act of 1934 to allow each FCC Commissioner to
appoint an electrical engineer or computer scientist to provide
the Commissioner technical consultation. The appointed party
also would interface with the Office of Engineering and
Technology, Commission Bureaus, and other technical staff of
the Commission for additional technical input and resources.
The appointed party would be required to hold an undergraduate
or graduate degree in their related field of expertise from an
institution of higher education.
Section 3. Technical Policy and Personnel Study.
This section would require the FCC Chairman to enter into an
agreement with the National Academy of Sciences to complete a
study on the technical policy decisions and technical personnel
at the FCC. The study would review technical policy decision
making of the FCC, including whether the FCC has adequate
resources and processes in place to properly evaluate and
account for the technical aspects and impact of the
Commission's regulatory rulemaking. It would also review the
timeliness of the rulemaking process used by the FCC and the
impact of regulatory delay on telecommunications innovation and
would make recommendations for the Commission to streamline its
rulemaking process.
This section would also require that the study evaluate
current FCC staffing levels and skill sets of technical
personnel to determine if such staffing and skills are aligned
with the current and future needs of the FCC. This section
would also require that the study examine current recruiting
procedures and make recommendations on how the Commission can
improve its efforts to hire and retain engineers and technical
staff members.
This section would further require that the study include a
comparison of the decision making process of the Commission
with the decision making process used by similar regulatory
authorities in other industrialized countries, including the
European Union, Japan, Canada, Australia, and the United
Kingdom.
This section would also require that the Commission transmit
a report describing the results of the study and the
recommendations issued pursuant to this Act to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Energy and Commerce not
later than 18 months after the date of enactment of the bill.
This section also would authorize $1,000,000 to be
appropriated to the Chairman of the FCC for fiscal years 2011
and 2012 for the purpose of carrying out this section.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
COMMUNICATIONS ACT OF 1934
SEC. 4. PROVISIONS RELATING TO THE COMMISSION.
[47 U.S.C. 154]
(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.
Each commissioner may also appoint an electrical engineer or
computer scientist to provide the commissioner technical
consultation when appropriate and to interface with the Office
of Engineering and Technology, Commission Bureaus, and other
technical staff of the Commission for additional technical
input and resources, provided that such engineer or scientist
holds an undergraduate or graduate degree from an institution
of higher education in their respective field of expertise. 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 of 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.