59–006 

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 


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1See 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. 

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. TIMELY AVAILABILITY OF ITEMS ADOPTED BY VOTE OF THE COMMISSION. 

(a) AMENDMENT.—Section 4 of the Communications Act of 1934 (47 U.S.C. 154) 

is amended by adding at the end the following: 

‘‘(p) In the case of any item that is adopted by vote of the Commission, the Commission shall publish on the Internet website of the Commission the text of such 

item not later than 24 hours after the Secretary of the Commission has received dissenting statements from all Commissioners wishing to submit such a statement 

with respect to such item.’’. 

(b) EFFECTIVE DATE.—The amendment made by this section shall apply with respect to an item that is adopted after the date that is 30 days after the date of the 

enactment of this Act. 

Amend the title so as to read: 

A bill to amend the Communications Act of 1934 to require the 

Federal Communications Commission to publish on its Internet 

website the text of any item that is adopted by vote of the Commission not later than 24 hours after receipt of dissenting statements 

from all Commissioners wishing to submit such a statement with 

respect to such item. 

PURPOSE AND SUMMARY

H.R. 2589 requires the Federal Communications Commission 

(FCC, the Commission, or the Agency) to publish its newly adopted 

rules not later than 24 hours after the last dissenting statement, 

if any, has been filed. This legislation is needed to increase visibility into the Commission’s rulemaking activity and to ensure 

timely notice to the public of the new requirements set by the FCC. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 2589 is one of a suite of bills intended to improve process 

and transparency at the FCC. Other bills include H.R. 2583, the 

FCC Process Reform Act; H.R. 2592, to amend the Communications 

Act of 1934 to require the Federal Communications Commission to 

publish on the website of the Commission documents to be voted 

on by the Commission; and H.R. 2593, to amend the Communications Act of 1934 to require identification and description on the 

website of the Federal Communications Commission of items to be 

decided on authority delegated by the Commission. 

The Committee has devoted significant attention to the improvement of process and transparency at the Commission. Among other 

things, the Committee has been concerned about the length of time 

between the FCC’s adoption of new rules and the public availability 

of those new rules. Without clear rules, the Commission can choose 

to delay the publication of the item that it has voted, preventing 

the public and affected stakeholders from fully understanding the 

impact of the Commission’s actions. In the most egregious instances, the Commission has allowed an entire year to elapse after 

voting before releasing the text of a document to the public.1


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2The 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’’). 3See 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’’). 4See 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/ 

wallstenladministrativeproceduresbureaucracyandtransparency.pdf. 5See Sallet Blog Post. 6See O’Rielly Blog Post, infra at 13. 7See 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/newscenter/analyses/committee-releases-report-workload-federal-communications-commission. 8See 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). 

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

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

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 


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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. 


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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 


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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 


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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. 


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(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 


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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. 


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(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. 


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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 


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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. 


SSpencer on DSK4SPTVN1PROD with REPORTS
13 

(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. 


SSpencer on DSK4SPTVN1PROD with REPORTS
14 

(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. 

* * * * * * * 

Æ 


SSpencer on DSK4SPTVN1PROD with REPORTS