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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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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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