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103D CONGRESS

1ST SESSION H. R. 1613

To improve coordination in the formulation of telecommunications policy

within the executive branch, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 1, 1993

Mrs. COLLINS of Illinois introduced the following bill; which was referred to

the Committee on Energy and Commerce

A BILL

To improve coordination in the formulation of telecommunications policy within the executive branch, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SHORT TITLE

4 SECTION 1. This Act may be cited as the ‘‘Tele5 communications Policy Coordination Act of 1993’’.

6 DEFINITIONS

7 SEC. 2. For purposes of this Act:

8 (1) The term ‘‘Committee’’ means the Advisory

9 Committee on Telecommunications Policy estab10 lished under section 10.
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1 (2) The term ‘‘Office’’ means the Office of

2 Telecommunications Policy established in section 3.

3 (3) The term ‘‘Deputy Director’’ means the

4 Deputy Director of the Office appointed under sec5 tion 5(b).

6 (4) The term ‘‘Director’’ means the Director of

7 the Office appointed under section 5(a).

8 ESTABLISHMENT

9 SEC. 3. There is hereby established in the Executive

10 Office of the President the Office of Telecommunications

11 Policy.

12 FUNCTIONS

13 SEC. 4. (a) The Office, acting through the Director,

14 shall—

15 (1) take such action as may be necessary to

16 provide for the preparation of national telecommuni17 cations policy options;

18 (2) serve as the principal advisor to the Presi19 dent in matters relating to telecommunications is20 sues and policies;

21 (3) act as the arbiter of disputes and dif22 ferences which may arise between or among Govern23 ment agencies in connection with the development

24 and implementation of national telecommunications

25 policies;
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1 (4) communicate the views of Government

2 agencies, as well as the views of the President, with

3 respect to telecommunications matters to the Fed4 eral Communications Commission, and communicate

5 the views of the President and Government agencies

6 (other than the Commission) to the Congress;

7 (5) monitor the development of new tele8 communications technologies, study the effects of

9 new telecommunications facilities, services, and sys10 tems, and make recommendations to the President

11 and to the Congress with respect to the introduction

12 of new technologies into the national economy; and

13 (6) perform such other functions vested in the

14 President relating to telecommunications as the

15 President may delegate to the Office.

16 (b) The authority of the Office under this Act shall

17 not affect the authority of the Federal Communications

18 Commission under the Communications Act of 1934 or the

19 Satellite Communications Act of 1962.

20 (c) The functions of the Office under subsection

21 (a)(3) and (4), and the corresponding obligations of other

22 agencies affected thereunder, shall be in accordance with

23 regulations which the President shall prescribe.

24 DIRECTOR AND STAFF; ORGANIZATION OF OFFICE

25 SEC. 5. (a) The head of the Office shall be the Direc26 tor, who shall be appointed by the President, by and with
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1 the advice and consent of the Senate. The Director shall

2 be paid at a rate equal to the rate of basic pay which

3 is payable from time to time for level II of the Executive

4 Schedule under section 5313 of title 5, United States

5 Code.

6 (b) The Office shall have a Deputy Director, who

7 shall be appointed by the President, by and with the advice

8 and consent of the Senate. The Deputy Director shall be

9 paid at a rate equal to the rate of basic pay which is pay10 able from time to time for level IV of the Executive Sched11 ule under section 5315 of title 5, United States Code. The

12 Deputy Director shall perform such duties and exercise

13 such powers as the Director may prescribe. The Deputy

14 Director shall act for, and exercise the powers of, the Di15 rector during any absence or disability of the Director or

16 during any vacancy in the office of Director.

17 (c)(1)(A) The Director may appoint not more than

18 two full-time professional staff members who shall perform

19 such duties as the Director may direct. The Deputy Direc20 tor may appoint not more than one such staff member

21 who shall perform such duties as the Deputy Director may

22 direct.

23 (B) The appointments specified in subparagraph (A)

24 may be made without regard to the provisions of title 5,

25 United States Code, governing appointments in the com-
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1 petitive service. Such staff member may be paid without

2 regard to the provisions of chapter 51 and subchapter III

3 of chapter 53 of title 5, United States Code, relating to

4 classification and General Schedule pay rates. The Direc5 tor may fix the compensation of not more than one such

6 staff member at a rate not in excess of the maximum rate

7 payable from time to time for grade GS–18 of the General

8 Schedule under section 5332 of title 5, United States

9 Code. The remaining staff members appointed under sub10 paragraph (A) may be compensated at a rate fixed by the

11 Director or the Deputy Director, as the case may be, not

12 in excess of the maximum rate payable from time to time

13 for grade GS–16 of the General Schedule under section

14 5332 of title 5, United States Code.

15 (2) The Director may appoint and fix the pay of such

16 clerical and other support personnel as the Director con17 siders desirable. Such personnel shall be appointed subject

18 to the provisions of title 5, United States Code, governing

19 appointments in the competitive service, and shall be paid

20 in accordance with the provisions of chapter 51 and sub21 chapter III of chapter 53 of such title relating to classi22 fication and General Schedule pay rates.

23 (d) The Director may organize the personnel of the

24 Office into such bureaus, divisions, or offices as the Direc25 tor may consider necessary.
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1 AUTHORITY AND FUNCTIONS OF DIRECTOR

2 SEC. 6. (a) The Director shall exercise all the execu3 tive and administrative functions of the Office.

4 (b) The Director—

5 (1) may obtain services as authorized in section

6 3109 of title 5, United States Code, at rates not to

7 exceed the daily rate prescribed for GS–18 of the

8 General Schedule under section 5332 of title 5,

9 United States Code, for persons employed intermit10 tently in Federal Government service;

11 (2) may delegate to the Deputy Director, or to

12 any other employee of the Office, any authority of

13 the Director established in this Act;

14 (3) shall prescribe such rules as may be nec15 essary to carry out the provisions of this Act;

16 (4) shall distribute business among any person17 nel appointed under section 5(c)(2), and among any

18 bureaus, divisions, or offices established under sec19 tion 5(d);

20 (5) shall administer the use and expenditure of

21 funds available to the Office;

22 (6) shall coordinate and organize the work of

23 the Office in order to promote prompt and efficient

24 disposition of all matters within the jurisdiction of

25 the Office; and
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1 (7) shall assure appropriate consumer represen2 tation in connection with the development of policy

3 by the Office.

4 ADVISORY COMMITTEE

5 SEC. 7. (a) The Director shall establish an advisory

6 committee to be known as the Advisory Committee on

7 Telecommunications Policy.

8 (b) The Committee shall consist of members ap9 pointed by the Director from the general public, including

10 representatives of—

11 (1) various segments of the telecommunications

12 industry,

13 (2) labor organizations involved in such indus14 try, and

15 (3) public interest and consumer organizations.

16 (c) The Committee shall provide advice and rec17 ommendations to the Director on matters referred to it

18 by Director and on such other matters relating to the

19 functions of the Director as it considers appropriate. Con20 sistent with otherwise applicable law, the Committee may

21 make public any advice or recommendations it has pro22 vided to the Director under this subsection.

23 ANNUAL REPORTS; FCC REPORTS

24 SEC. 8. (a) The Director shall, not later than the

25 15th day of February following the end of each fiscal year,

26 commencing with the first complete fiscal year following
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1 the effective date provided for in section 9, make a report

2 to the President for submission to the Congress relating

3 to the activities of the Office during the preceding fiscal

4 year.

5 (b) Each report made by the Director under sub6 section (a) shall—

7 (1) describe actions taken by the Office in con8 nection with the preparation of national tele9 communications policies in accordance with section

10 4(1);

11 (2) identify and analyze emerging trends in

12 telecommunications; and

13 (3) include such other information as the Direc14 tor considers appropriate.

15 (c) In any case in which the Office submits views to

16 the Federal Communications Commission under section

17 4(a)(4) and the Commission takes any final action after

18 such submittal which is inconsistent with such views, the

19 Commission shall, within twenty days of such final action

20 is taken, submit a report to the President and to the Con21 gress setting forth the reasons therefor.

22 EFFECTIVE DATE

23 SEC. 9. The provisions of this Act shall take effect

24 ninety days after the date of the enactment of this Act.

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