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[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.

                                  
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