47 U.S.C. § 155 — Commission

Page 35 TITLE 47—TELECOMMUNICATIONS § 155 (f) If the Committee determines that a licensee has not complied with a mitigation measure and has not cured any such noncompliance in a satisfactory man- ner, the Committee may recommend actions consistent with subsection 9(b) of this order. (g) When requested by the Chair, the Director of Na- tional Intelligence shall provide analyses assessing threats related to risk mitigation, compliance moni- toring, and enforcement to Committee Member entities and Committee Advisor entities that are monitoring compliance with mitigation measures imposed by the FCC as conditions on licenses as a result of Committee recommendations under subsections (a) through (d) of this section. (h) This order does not constrain the discretion of ex- ecutive departments or agencies, pursuant to any rel- evant authority not described in this order, to: (i) conduct inquiries with respect to an application or license; (ii) communicate with any applicant, licensee, or other necessary party; or (iii) negotiate, enter into, impose, or enforce contrac- tual provisions with an applicant or licensee. SEC. 11. Implementation. (a) Executive departments and agencies shall take all appropriate measures with- in their authority to implement the provisions of this order. (b) The Department of Justice shall provide such funding and administrative support for the Committee as the Committee may require. The heads of executive departments and agencies shall provide, as appropriate and to the extent permitted by law, such resources, in- formation, and assistance as required to implement this order within their respective agencies, including the assignment of staff to perform the duties described in this order. An Intelligence Community liaison des- ignated by the Director of National Intelligence shall support the Committee, consistent with applicable law. (c) Within 90 days from the date of this order, the Committee Members shall enter into a Memorandum of Understanding among themselves and with the Direc- tor of National Intelligence (or the Director’s designee) describing their plan to implement and execute this order. The Memorandum of Understanding shall, among other things, delineate questions and requests for appli- cants and licensees that may be needed to acquire in- formation necessary to conduct the reviews and assess- ments described in sections 5 and 6 of this order, define the standard mitigation measures developed in accord- ance with section 2(e) of this order, and outline the process for designating a Lead Member as described in section 4 of this order. (d) The Chair, in coordination with the Committee Members and the Committee Advisors, shall review the implementation of this order and provide a report to the President on an annual basis that identifies rec- ommendations for relevant policy, administrative, or legislative proposals. SEC. 12. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals; (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) If any provision of this order, or the application of any provision to any person or circumstances, is held to be invalid, the remainder of this order and the appli- cation of any of its other provisions to any other per- sons or circumstances shall not be affected thereby. DONALD J. TRUMP. § 155. Commission (a) Chairman; duties; vacancy The member of the Commission designated by the President as chairman shall be the chief ex- ecutive officer of the Commission. It shall be his duty to preside at all meetings and sessions of the Commission, to represent the Commission in all matters relating to legislation and legisla- tive reports, except that any commissioner may present his own or minority views or supple- mental reports, to represent the Commission in all matters requiring conferences or commu- nications with other governmental officers, de- partments or agencies, and generally to coordi- nate and organize the work of the Commission in such manner as to promote prompt and effi- cient disposition of all matters within the juris- diction of the Commission. In the case of a va- cancy in the office of the chairman of the Com- mission, or the absence or inability of the chair- man to serve, the Commission may temporarily designate one of its members to act as chairman until the cause or circumstance requiring such designation shall have been eliminated or cor- rected. (b) Organization of staff From time to time as the Commission may find necessary, the Commission shall organize its staff into (1) integrated bureaus, to function on the basis of the Commission’s principal work- load operations, and (2) such other divisional or- ganizations as the Commission may deem nec- essary. Each such integrated bureau shall in- clude such legal, engineering, accounting, ad- ministrative, clerical, and other personnel as the Commission may determine to be necessary to perform its functions. (c) Delegation of functions; exceptions to initial orders; force, effect and enforcement of or- ders; administrative and judicial review; qualifications and compensation of dele- gates; assignment of cases; separation of re- view and investigative or prosecuting func- tions; secretary; seal (1) When necessary to the proper functioning of the Commission and the prompt and orderly conduct of its business, the Commission may, by published rule or by order, delegate any of its functions (except functions granted to the Com- mission by this paragraph and by paragraphs (4), (5), and (6) of this subsection and except any ac- tion referred to in sections 204(a)(2), 208(b), and 405(b) of this title) to a panel of commissioners, an individual commissioner, an employee board, or an individual employee, including functions with respect to hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter; except that in delegating review functions to employees in cases of adjudication (as defined in section 551 of title 5), the delegation in any such case may be made only to an employee board consisting of two or more employees referred to in paragraph (8) of this subsection. Any such rule or order may be adopted, amended, or rescinded only by a vote of a majority of the members of the Com- mission then holding office. Except for cases in- volving the authorization of service in the in- structional television fixed service, or as other- Page 36 TITLE 47—TELECOMMUNICATIONS § 155 wise provided in this chapter, nothing in this paragraph shall authorize the Commission to provide for the conduct, by any person or per- sons other than persons referred to in paragraph (2) or (3) of section 556(b) of title 5, of any hear- ing to which such section applies. (2) As used in this subsection the term ‘‘order, decision, report, or action’’ does not include an initial, tentative, or recommended decision to which exceptions may be filed as provided in section 409(b) of this title. (3) Any order, decision, report, or action made or taken pursuant to any such delegation, unless reviewed as provided in paragraph (4) of this subsection, shall have the same force and effect, and shall be made, evidenced, and enforced in the same manner, as orders, decisions, reports, or other actions of the Commission. (4) Any person aggrieved by any such order, decision, report or action may file an applica- tion for review by the Commission within such time and in such manner as the Commission shall prescribe, and every such application shall be passed upon by the Commission. The Com- mission, on its own initiative, may review in whole or in part, at such time and in such man- ner as it shall determine, any order, decision, re- port, or action made or taken pursuant to any delegation under paragraph (1) of this sub- section. (5) In passing upon applications for review, the Commission may grant, in whole or in part, or deny such applications without specifying any reasons therefor. No such application for review shall rely on questions of fact or law upon which the panel of commissioners, individual commis- sioner, employee board, or individual employee has been afforded no opportunity to pass. (6) If the Commission grants the application for review, it may affirm, modify, or set aside the order, decision, report, or action, or it may order a rehearing upon such order, decision, re- port, or action in accordance with section 405 of this title. (7) The filing of an application for review under this subsection shall be a condition prece- dent to judicial review of any order, decision, re- port, or action made or taken pursuant to a del- egation under paragraph (1) of this subsection. The time within which a petition for review must be filed in a proceeding to which section 402(a) of this title applies, or within which an appeal must be taken under section 402(b) of this title, shall be computed from the date upon which public notice is given of orders disposing of all applications for review filed in any case. (8) The employees to whom the Commission may delegate review functions in any case of ad- judication (as defined in section 551 of title 5) shall be qualified, by reason of their training, experience, and competence, to perform such re- view functions, and shall perform no duties in- consistent with such review functions. Such em- ployees shall be in a grade classification or sal- ary level commensurate with their important duties, and in no event less than the grade clas- sification or salary level of the employee or em- ployees whose actions are to be reviewed. In the performance of such review functions such em- ployees shall be assigned to cases in rotation so far as practicable and shall not be responsible to or subject to the supervision or direction of any officer, employee, or agent engaged in the per- formance of investigative or prosecuting func- tions for any agency. (9) The secretary and seal of the Commission shall be the secretary and seal of each panel of the Commission, each individual commissioner, and each employee board or individual employee exercising functions delegated pursuant to para- graph (1) of this subsection. (d) Meetings Meetings of the Commission shall be held at regular intervals, not less frequently than once each calendar month, at which times the func- tioning of the Commission and the handling of its work load shall be reviewed and such orders shall be entered and other action taken as may be necessary or appropriate to expedite the prompt and orderly conduct of the business of the Commission with the objective of rendering a final decision (1) within three months from the date of filing in all original application, re- newal, and transfer cases in which it will not be necessary to hold a hearing, and (2) within six months from the final date of the hearing in all hearing cases. (e) Managing Director; appointment, functions, pay The Commission shall have a Managing Direc- tor who shall be appointed by the Chairman sub- ject to the approval of the Commission. The Managing Director, under the supervision and direction of the Chairman, shall perform such administrative and executive functions as the Chairman shall delegate. The Managing Director shall be paid at a rate equal to the rate then payable for level V of the Executive Schedule. (June 19, 1934, ch. 652, title I, § 5, 48 Stat. 1068; July 16, 1952, ch. 879, § 4, 66 Stat. 712; Pub. L. 87–192, §§ 1, 2, Aug. 31, 1961, 75 Stat. 420; Pub. L. 96–470, title I, § 116, Oct. 19, 1980, 94 Stat. 2240; Pub. L. 97–35, title XII, § 1252, Aug. 13, 1981, 95 Stat. 738; Pub. L. 97–259, title I, § 105, Sept. 13, 1982, 96 Stat. 1091; Pub. L. 99–272, title V, § 5002(c), Apr. 7, 1986, 100 Stat. 118; Pub. L. 100–594, §§ 4, 8(a), Nov. 3, 1988, 102 Stat. 3021, 3023; Pub. L. 103–414, title III, § 303(a)(2), Oct. 25, 1994, 108 Stat. 4294; Pub. L. 104–104, title IV, § 403(c), Feb. 8, 1996, 110 Stat. 130.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c)(1), was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see section 609 of this title and Tables. Level V of the Executive Schedule, referred to in sub- sec. (e), is set out in section 5316 of Title 5, Government Organization and Employees. CODIFICATION In subsec. (c)(1), (8), ‘‘adjudication (as defined in sec- tion 551 of title 5)’’ substituted for ‘‘adjudication (as de- fined in the Administrative Procedure Act)’’, and in subsec. (c)(1) ‘‘section 556(b) of title 5’’ substituted for references to ‘‘section 7(a) of the Administrative Proce- dure Act’’, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Page 37 TITLE 47—TELECOMMUNICATIONS § 156 AMENDMENTS 1996—Subsec. (c)(1). Pub. L. 104–104 inserted last sen- tence and struck out former last sentence which read as follows: ‘‘Nothing in this paragraph shall authorize the Commission to provide for the conduct, by any per- son or persons other than persons referred to in clauses (2) and (3) of section 556(b) of title 5, of any hearing to which such section 556(b) applies.’’ 1994—Subsecs. (e), (f). Pub. L. 103–414 redesignated subsec. (f) as (e). 1988—Subsec. (c)(1). Pub. L. 100–594, § 8(a), inserted ‘‘and except any action referred to in sections 204(a)(2), 208(b), and 405(b) of this title’’ after ‘‘and (6) of this sub- section’’ in first sentence. Subsec. (g). Pub. L. 100–594, § 4, struck out subsec. (g) which required an annual report to Congress and speci- fied its contents. 1986—Subsec. (g). Pub. L. 99–272 substituted ‘‘March 31’’ for ‘‘January 31’’. 1982—Subsec. (b). Pub. L. 97–259, § 105(a), substituted ‘‘From’’ for ‘‘Within six months after July 16, 1952, and from’’ at beginning of subsection, and struck out ‘‘thereafter’’ after ‘‘time to time’’. Subsecs. (c) to (e). Pub. L. 97–259, § 105(b), (c), redesig- nated subsecs. (d) and (e) as (c) and (d), respectively, and in par. (1) of subsec. (c), as so redesignated, sub- stituted ‘‘two’’ for ‘‘three’’ after ‘‘employee board con- sisting of’’. 1981—Subsecs. (f), (g). Pub. L. 97–35 added subsecs. (f) and (g). 1980—Subsec. (e). Pub. L. 96–470 struck out ‘‘; and the Commission shall promptly report to the Congress each such case which has been pending before it more than such three- or six-month period, respectively, stating the reasons therefor’’ after ‘‘hearing cases’’. 1961—Subsec. (c). Pub. L. 87–192, § 1, repealed subsec. (c) which provided for establishment of review staff, its composition, responsibility and duties. Subsec. (d)(1). Pub. L. 87–192, § 2, substituted provi- sions which authorized the delegation of functions by published rule or by order to a panel of commissioners, and individual commissioner, an employee board, or an individual employee, and of review functions to an em- ployee board of three or more employees, enumerated the functions to be delegated, with stated exceptions, and prescribed majority vote for order delegating re- view functions for former provision which authorized the assignment of reference of work, business or func- tions by order to an individual commissioner or com- missioners or to a board of one or more employees and eliminated provision concerning force, effect and en- forcement of orders, now incorporated in par. (3) of this subsection. Subsec. (d)(2). Pub. L. 87–192, § 2, added par. (2). The subject matter was formerly covered by the introduc- tory words of former par. (1) of this subsection which read ‘‘Except as provided in section 409 of this title.’’ Sentences 1 and 2 of former par. (2) redesignated pars. (4) and (6), respectively. Subsec. (d)(3). Pub. L. 87–192, § 2, redesignated second sentence of former par. (1) as par. (3) and substituted therein ‘‘report, or action made or taken pursuant to any such delegation, unless reviewed as provided in paragraph (4), shall have’’ and ‘‘other actions’’ for ‘‘re- port made, or other action taken, pursuant to any such order of assignment or reference shall, unless reviewed pursuant to paragraph (2), have’’ and ‘‘action’’, respec- tively. Former par. (3) redesignated (9). Subsec. (d)(4). Pub. L. 87–192, § 2, redesignated first sentence of former par. (2) as par. (4), included ‘‘action’’ in enumeration, and inserted provision for review on initiative of the Commission. Subsec. (d)(5). Pub. L. 87–192, § 2, added par. (5). Subsec. (d)(6). Pub. L. 87–192, § 2, redesignated second sentence of former par. (2) as par. (6), inserting ‘‘for re- view’’ after ‘‘applications’’ and substituting ‘‘the Com- mission’’, ‘‘the order’’, ‘‘it may order’’ and ‘‘in accord- ance with’’ for ‘‘it’’, ‘‘such order’’, ‘‘may order’’ and ‘‘under’’, respectively. Subsec. (d)(7), (8). Pub. L. 87–192, § 2, added pars. (7) and (8). Subsec. (d)(9). Pub. L. 87–192, § 2, redesignated former par. (3) as (9) and made it applicable to each panel of the Commission, each employee board instead of each board, and each individual employee. 1952—Act July 16, 1952, amended section generally to provide for the organization of the staff, integrated bu- reaus, and for a review staff. § 155a. Authority of Chief Information Officer (a) In general The Commission shall ensure that the Chief Information Officer of the Commission has a sig- nificant role in— (1) the decision-making process for annual and multi-year planning, programming, budg- eting, and execution decisions, related report- ing requirements, and reports related to infor- mation technology; (2) the management, governance, and over- sight processes related to information tech- nology; and (3) the hiring of personnel with information technology responsibilities. (b) CIO approval The Chief Information Officer of the Commis- sion, in consultation with the Chief Financial Officer of the Commission and budget officials, shall specify and approve the allocation of amounts appropriated to the Commission for in- formation technology, consistent with the pro- visions of appropriations Acts, budget guide- lines, and recommendations from the Director of the Office of Management and Budget. (Pub. L. 115–141, div. P, title V, § 502, Mar. 23, 2018, 132 Stat. 1091.) Editorial Notes CODIFICATION Section was enacted as part of the Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018, also known as the RAY BAUM’S Act of 2018, and also as part of the Consolidated Appropria- tions Act, 2018, and not as part of the Communications Act of 1934 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITION Pub. L. 115–141, div. P, § 2, Mar. 23, 2018, 132 Stat. 1081, provided that: ‘‘In this division [see Short Title of 2018 Amendment note set out under section 609 of this title], the term ‘Commission’ means the Federal Communica- tions Commission.’’ § 156. Authorization of appropriations (a) Authorization There are authorized to be appropriated to the Commission to carry out the functions of the Commission $333,118,000 for fiscal year 2019 and $339,610,000 for fiscal year 2020. (b) Offsetting collections The sum appropriated in any fiscal year to carry out the activities described in subsection (a), to the extent and in the amounts provided for in Appropriations Acts, shall be derived from fees authorized by section 159 of this title. (June 19, 1934, ch. 652, title I, § 6, as added Pub. L. 97–35, title XII, § 1251(a), Aug. 13, 1981, 95 Stat.