[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1153 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1153

To establish the Office of Rural Advocacy in the Federal Communications 
                  Commission, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 27, 1999

   Mr. Harkin (for himself, Mr. Daschle, Mr. Dorgan, Mr. Baucus, Mr. 
 Conrad, Mr. Wellstone, Mr. Johnson, Mr. Wyden, Mr. Reid, Mr. Kerrey, 
Mr. Rockefeller, and Mrs. Murray) introduced the following bill; which 
was read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
To establish the Office of Rural Advocacy in the Federal Communications 
                  Commission, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural Telecommunications Improvement 
Act of 1999''.

SEC. 2. ESTABLISHMENT OF OFFICE OF RURAL ADVOCACY IN THE FEDERAL 
              COMMUNICATIONS COMMISSION.

    (a) Establishment.--Title I of the Communications Act of 1934 (47 
U.S.C. 151 et seq.) is amended by adding at the end the following:

``SEC. 12. OFFICE OF RURAL ADVOCACY.

    ``(a) Establishment.--There shall be in the Commission an office to 
be known as the `Office of of Rural Advocacy'. The office shall not be 
a bureau of the Commission.
    ``(b) Head of Office.--(1) The Office shall be headed by the Rural 
Advocate of the Federal Communications Commission. The Rural Advocate 
shall be appointed by the President, by and with the advice and consent 
of the Senate, from among citizens of the United States.
    ``(2) The Rural Advocate shall have a status and rank in the 
Commission commensurate with the status and rank in the Commission of 
the heads of the bureaus of the Commission.
    ``(c) Responsibilities of Office.--The responsibilities of the 
Office are as follows:
            ``(1) To promote access to advanced telecommunications 
        service for populations in the rural United States.
            ``(2) To develop proposals for the modification of policies 
        and activities of the departments and agencies of the Federal 
        Government in order to better fulfill the commitment of the 
        Federal Government to universal service and access to advanced 
        telecommunications services in rural areas, and submit such 
        proposals to the departments and agencies.
            ``(3) To assess the effectiveness of existing Federal 
        programs for providers of telecommunications services in rural 
        areas, and make recommendations for legislative and non-
        legislative actions to improve such programs.
            ``(4) To measure the costs and other effects of Federal 
        regulations on the capability of telecommunication carriers in 
        rural areas to provide adequate telecommunications services 
        (including advanced telecommunications and information 
        services) in such areas, and make recommendations for 
        legislative and non-legislative actions to modify such 
        regulations so as to minimize the interference of such 
        regulations with that capability.
            ``(5) To determine the effect of Federal tax laws on 
        providers of telecommunications services in rural areas, and 
        make recommendations for legislative and non-legislative 
        actions to modify Federal tax laws so as to enhance the 
        availability of telecommunications services in rural areas.
            ``(6) To serve as a focal point for the receipt of 
        complaints, criticisms, and suggestions concerning policies and 
        activities of any department or agency of the Federal 
        Government which affect the receipt of telecommunications 
        services in rural areas.
            ``(7) To counsel providers of telecommunications services 
        in rural areas on the effective resolution of questions and 
        problems in the relationships between such providers and the 
        Federal Government.
            ``(8) To represent the views and interests of rural 
        populations and providers of telecommunications services in 
        rural areas before any department or agency of the Federal 
        Government whose policies and activities affect the receipt of 
        telecommunications services in rural areas.
            ``(9) To enlist the cooperation and assistance of public 
        and private agencies, businesses, and other organizations in 
        disseminating information about the telecommunications programs 
        and services of the Federal Government which benefit rural 
        populations and providers of telecommunications services in 
        rural areas.
    ``(d) Staff and Powers of Office.--
            ``(1) Staff.--
                    ``(A) In general.--For purposes of carrying out the 
                responsibilities of the Office under this section, the 
                Rural Advocate may employ and fix the compensation of 
                such personnel for the Office as the Rural Advocate 
                considers appropriate.
                    ``(B) Pay.--
                            ``(i) In general.--The employment and 
                        compensation of personnel under this paragraph 
                        may be made without regard to the provisions of 
                        title 5, United States Code, governing 
                        appointments in the civil service and without 
                        regard to the provisions of chapter 51 and 
                        subchapter III of chapter 53 of such title 
                        relating to the classification of positions and 
                        General Schedule pay rates.
                            ``(ii) Maximum rate of pay.--The rate of 
                        pay of personnel employed under this paragraph 
                        may not exceed the rate payable for GS-15 of 
                        the General Schedule.
                    ``(C) Limitation.--The total number of personnel 
                employed under this paragraph may not exceed 14.
            ``(2) Temporary and intermittent services.--The Rural 
        Advocate may procure temporary and intermittent services to the 
        extent authorized by section 3109 of title 5, United States 
        Code, for purposes of the activities of the Office under this 
        section.
            ``(3) Consultation with experts.--The Rural Advocate may 
        consult with individuals and entities possessing such expertise 
        as the Rural Advocate considers appropriate for purposes of the 
        activities of the Office under this section.
            ``(4) Hearing.--The Rural Advocate may hold hearings and 
        sit and act as such times and places as the Rural Advocate 
        considers appropriate for purposes of the activities of the 
        Office under this section.
    ``(e) Assistance of Other Federal Departments and Agencies.--
            ``(1) In general.--Any department or agency of the Federal 
        Government may, upon the request of the Rural Advocate, provide 
        the Office with such information or other assistance as the 
        Rural Advocate considers appropriate for purposes of the 
        activities of the Office under this section.
            ``(2) Reimbursement.--Assistance may be provided the Office 
        under this subsection on a reimbursable basis.
    ``(f) Reports.--
            ``(1) Annual report.--The Rural Advocate shall submit to 
        Congress, the President, and the Commission on an annual basis 
        a report on the activities of the Office under this section 
        during the preceding year. The report may include any 
        recommendations for legislative or other action that the Rural 
        Advocate considers appropriate.
            ``(2) Other reports.--The Rural Advocate may submit to 
        Congress, the President, the Commission, or any other 
        department or agency of the Federal Government at any time a 
        report containing comments on a matter within the 
        responsibilities of the Office under this section.
            ``(3) Direct submittal.--The Rural Advocate may not be 
        required to submit any report under this subsection to any 
        department or agency of the Federal Government (including the 
        Office of Management and Budget or the Commission) before its 
        submittal under a provision of this subsection.''.
    (b) Executive Schedule Level IV.--Section 5315 of title 5, United 
States Code, is amended by adding at the end the following:
            ``Rural Advocate, Federal Communications Commission.''.
    (c) Report on Initial Activities.--Not later than 180 days after 
the date of the appointment of the Rural Advocate of the Federal 
Communications Commission, the Rural Advocate shall submit to Congress 
a report on the actions taken by the Rural Advocate to commence 
carrying out the responsibilities of the Office of Rural Advocacy of 
the Federal Communications Commission under section 12 of the 
Communications Act of 1934, as added by subsection (a).
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