[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2644 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2644

 To reauthorize the Federal Communications Commission for fiscal years 
                 2017 and 2018, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2016

   Mr. Thune introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To reauthorize the Federal Communications Commission for fiscal years 
                 2017 and 2018, 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 ``FCC Reauthorization Act of 2016''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 6 of the Communications Act of 1934 (47 
U.S.C. 156) is amended to read as follows:

``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated for the 
administration of this Act by the Commission, other than the activities 
described in subsection (b), $361,116,000 for fiscal year 2017 and 
$348,711,000 for fiscal year 2018, together with such sums as may be 
necessary for increases resulting from adjustments in salary, pay, 
retirement, other employee benefits required by law, and other 
nondiscretionary costs, for each such fiscal year.
    ``(b) Office of Inspector General.--Of the amounts appropriated 
under subsection (a), not less than $11,751,000 for fiscal year 2017 
and not less than $11,904,000 for fiscal year 2018 shall be for 
salaries and expenses of the Office of Inspector General of the 
Commission.
    ``(c) New or Reconfigured Facility.--Of the amounts appropriated 
under subsection (a) for fiscal year 2017, such sums as may be 
necessary not to exceed $16,867,000 shall remain available until 
expended for necessary expenses of the Commission associated with 
moving to a new facility or reconfiguring the existing facility to 
significantly reduce space consumption.
    ``(d) Offsetting Collections.--Of the sum appropriated in any 
fiscal year under this section, a portion, in an amount determined 
under section 9(b), shall be derived from fees authorized by section 
9.''.
    (b) Retention of Revenues.--Section 309(j)(8)(B) of the 
Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)) is amended to read 
as follows:
                    ``(B) Retention of revenues.--
                            ``(i) In general.--Notwithstanding 
                        subparagraph (A) and subject to clause (ii) of 
                        this subparagraph, the salaries and expenses 
                        account of the Commission shall retain as an 
                        offsetting collection such sums as may be 
                        necessary from such proceeds for the costs of 
                        developing and implementing the program 
                        required by this subsection. Such offsetting 
                        collections shall be available for obligation 
                        subject to the terms and conditions of the 
                        receiving appropriations account, and shall be 
                        deposited in such accounts on a quarterly 
                        basis. Such offsetting collections are 
                        authorized to remain available until expended. 
                        No sums may be retained under this subparagraph 
                        during any fiscal year beginning after 
                        September 30, 1998, if the annual report of the 
                        Commission under section 4(k) for the second 
                        preceding fiscal year fails to include in the 
                        itemized statement required by paragraph (3) of 
                        such section a statement of each expenditure 
                        made for purposes of conducting competitive 
                        bidding under this subsection during such 
                        second preceding fiscal year.
                            ``(ii) Cap.--Proceeds from the use of a 
                        competitive bidding system under this 
                        subsection that may be retained and made 
                        available for obligation under clause (i) shall 
                        not exceed $124,000,000 for fiscal year 2017 
                        and $110,750,000 for fiscal year 2018.''.

SEC. 3. TERMS OF OFFICE AND VACANCIES.

    Section 4(c) of the Communications Act of 1934 (47 U.S.C. 154(c)) 
is amended to read as follows:
    ``(c)(1) A commissioner--
            ``(A) shall be appointed for a term of 5 years;
            ``(B) except as provided in subparagraph (C), may continue 
        to serve after the expiration of the fixed term of office of 
        the commissioner until a successor is appointed and has been 
        confirmed and taken the oath of office; and
            ``(C) may not continue to serve after the expiration of the 
        session of Congress that begins after the expiration of the 
        fixed term of office of the commissioner.
    ``(2) Any person chosen to fill a vacancy in the Commission--
            ``(A) shall be appointed for the unexpired term of the 
        commissioner that the person succeeds;
            ``(B) except as provided in subparagraph (C), may continue 
        to serve after the expiration of the fixed term of office of 
        the commissioner that the person succeeds until a successor is 
        appointed and has been confirmed and taken the oath of office; 
        and
            ``(C) may not continue to serve after the expiration of the 
        session of Congress that begins after the expiration of the 
        fixed term of office of the commissioner that the person 
        succeeds.
    ``(3) No vacancy in the Commission shall impair the right of the 
remaining commissioners to exercise all the powers of the 
Commission.''.

SEC. 4. SUBMISSION OF COPY OF CERTAIN DOCUMENTS TO CONGRESS.

    Section 4 of the Communications Act of 1934 (47 U.S.C. 154) is 
amended by adding at the end the following:
    ``(p) Budget Estimates and Requests; Legislative Recommendations, 
Testimony, and Comments on Legislation.--
            ``(1) Budget estimates and requests.--If the Commission 
        submits any budget estimate or request to the President or the 
        Office of Management and Budget, the Commission shall 
        concurrently transmit a copy of that estimate or request to 
        Congress.
            ``(2) Legislative recommendations, testimony, and comments 
        on legislation.--
                    ``(A) In general.--If the Commission submits any 
                legislative recommendations, testimony, or comments on 
                legislation to the President or the Office of 
                Management and Budget, the Commission shall 
                concurrently transmit a copy thereof to Congress.
                    ``(B) Prohibition.--No officer or agency of the 
                United States may require the Commission to submit 
                legislative recommendations, testimony, or comments on 
                legislation to any officer or agency of the United 
                States for approval, comments, or review prior to the 
                submission of the recommendations, testimony, or 
                comments to Congress.''.

SEC. 5. GAO REPORT ON FCC REGULATORY FEE STRUCTURE.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Energy and Commerce of the House of 
Representatives a report on the current regulatory fee assessments and 
adjustment process of the Federal Communications Commission.
    (b) Contents.--The Comptroller General shall include in the report 
submitted under subsection (a)--
            (1) a determination as to whether the current regulatory 
        fee structure correlates to the actual workload of the Federal 
        Communications Commission;
            (2) a determination as to whether the current regulatory 
        fees are reasonably related to the benefits provided to the 
        payor of the fees;
            (3) a determination as to whether the current regulatory 
        fee structure has a disparate impact on certain payors or 
        technologies; and
            (4) recommendations as to how the current regulatory fee 
        structure should be adjusted.

SEC. 6. APPLICATION OF ANTIDEFICIENCY ACT TO UNIVERSAL SERVICE PROGRAM.

    Section 302 of the Universal Service Antideficiency Temporary 
Suspension Act (title III of Public Law 108-494; 118 Stat. 3998) is 
amended by striking ``December 31, 2017'', each place it appears and 
inserting ``September 30, 2018''.

SEC. 7. DEPOSITS FOR SPECTRUM AUCTIONS.

    Section 309(j)(8)(C) of the Communications Act of 1934 (47 U.S.C. 
309(j)(8)(C)) is amended to read as follows:
                    ``(C) Deposits.--Any deposits the Commission may 
                require for the qualification of any person to bid in a 
                system of competitive bidding pursuant to this 
                subsection shall be deposited in the Treasury. Within 
                45 days following the conclusion of the competitive 
                bidding--
                            ``(i) the deposits of successful bidders 
                        shall be credited to the deposit fund of the 
                        Treasury, except as otherwise provided in 
                        subparagraphs (D)(ii), (E)(ii), (F), and (G); 
                        and
                            ``(ii) the deposits of unsuccessful bidders 
                        shall be returned to such bidders.''.

SEC. 8. JOINT BOARD RECOMMENDATION.

    The Federal Communications Commission may not modify, amend, or 
change its rules or regulations for universal service support payments 
to implement the February 27, 2004, recommendations of the Federal-
State Joint Board on Universal Service regarding single connection or 
primary line restrictions on universal service support payments.
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