[Congressional Record Volume 145, Number 78 (Thursday, May 27, 1999)]
[Senate]
[Pages S6297-S6299]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN (for himself, Mr. Daschle, Mr. Dorgan, Mr. Baucus, 
        Mr. Conrad, Mr. Wellstone, Mr. Johnson, Mr. Wyden, Mr. Reid, 
        Mr. Kerry, Mr. Rockefeller, and Mrs. Murray):
  S. 1153. A bill to establish the Office of Rural Advocacy in the 
Federal Communications Commission, and for other

[[Page S6298]]

purposes; to the Committee on Commerce, Science, and Transportation.


            rural telecommunications improvement act of 1999

  Mr. HARKIN. Mr. President, today I am introducing important 
legislation to assist rural America, the Rural Telecommunications 
Improvement Act of 1999. I am pleased to be joined in this effort by 
our distinguished Democratic leader, Senator Daschle, as well as 
Senators Dorgan, Baucus, Conrad, Wellstone, Johnson, Wyden, Reid, 
Kerrey, Rockefeller and Murray. I would like to thank each of them for 
joining me in this effort to promote the interests of rural America 
within the Federal Communications Commission (FCC).

  Our legislation will establish an Office of Rural Advocacy within the 
FCC to promote access to advanced telecommunications in rural areas. 
The Rural Advocate will be responsible for focusing the Commission's 
attention on the importance of rural areas to the future of American 
prosperity, as well as on ensuring that Universal Service provisions 
mandated by the Communications Act and the Telecommunications Act are 
being met and implemented.
  Our proposal is modeled on the Small Business Administration's Office 
of Advocacy, which has been very successful in promoting the interests 
of small business within the U.S. government.
  Under our bill, the Office of Rural Advocacy will have 9 chief 
responsibilities:
  To promote access to advanced telecommunications service for 
populations in the rural United States;
  To develop proposals to better fulfill the commitment of the Federal 
Government to universal service and access to advanced 
telecommunications services in rural areas;
  To assess the effectiveness of existing Federal programs for 
providers of telecommunications services in rural areas;
  To measure the costs and other effects of Federal regulations on 
telecommunication carriers in rural areas;
  To determine the effect of Federal tax laws on providers of 
telecommunications services in rural areas;
  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;
  To counsel providers of telecommunications services in rural areas;
  To represent the views and interests of rural populations and 
providers of telecommunications services in rural areas; and
  To enlist the cooperation and assistance of public and private 
agencies, businesses, and other organizations in providing information 
about the telecommunications programs and services of the Federal 
Government which benefit rural areas and telecommunications companies.
  Mr. President, such an office within the FCC is needed for one very 
important reason, no bureau or Commissioner at the FCC has as an 
institutional role with the responsibility to promote the interests of 
rural telecommunications. The FCC has a great number of issues to 
consider due to the ever changing role of communications.
  Our legislation will ensure the FCC has the resources necessary to 
focus the Commission's attention on rural issues and will help 
establish an agenda at the FCC to address rural America's 
telecommunications needs, something the Commission has not done in the 
recent past. For example, the FCC's report on Advanced 
Telecommunications Services stated ``deployment of advanced 
telecommunications generally appear, at present, reasonable and 
timely.'' I can tell you Mr. President, this is not the case in Iowa 
where, according to the Iowa Utilities Board (IUB), approximately 8% of 
our exchanges have no access to the Internet. Additionally, access in 
many rural areas is of low speed and poor quality. This doesn't even 
include access to broadband, or high-speed Internet access, which is 
not available in numerous rural areas and small towns in Iowa and 
across the country.
  Other examples of the FCC's lack of focus on rural issues include a 
failure to understand how rural telephone cooperatives interact with 
their members, such as preventing rural telephone cooperatives from 
calling members to check on long distance preference changes, and an 
FCC definition that establishes a 3000 hertz level of basic voice grade 
service, when such a low level prevents Internet access on longer loops 
in rural areas.
  In order to effectively influence policy on rural telecommunications, 
this legislation gives the Rural Advocate the rank of a bureau chief 
within the FCC. The Rural Advocate will also have the authority to file 
comments or reports on any matter before the Federal Government 
affecting rural telecommunications without having to clear the 
testimony with the OMB or the FCC. Additionally, the Rural Advocate can 
file reports with the Administration, Congress and the FCC to recommend 
legislation or changes in policy. Finally, the Rural Advocate will be 
appointed directly by the President and confirmed by the Senate.
  Mr. President, in short, this legislation would allow rural America 
to enter the fast lane of the Information Superhighway. Again, thank 
you to my colleagues who have joined me in sponsoring this proposal. I 
urge all Senators to consider joining us in moving this initiative 
forward.
  I ask unanimous consent that a copy of our proposal be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1153

       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.

[[Page S6299]]

       ``(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).
                                 ______