S.Amdt. 2634Senate112th Congress (2011-2013)

S.Amdt. 2634

What it does: Adds TITLE VIII--FCC TECHNICAL EXPERTISE CAPACITY at the end of the bill
Submitted July 30, 2012

What it changes

1 change to S. 3414 · shown in the bill's text

Adds a section
  1. Adds TITLE VIII--FCC TECHNICAL EXPERTISE CAPACITY at the end of the bill

    Adds a title

    In S. 3414 · Placed on Calendar Senate

    (21) Third party.--The term "third party" includes Federal entities and non-Federal entities.

    Inserted: TITLE VIII--FCC TECHNICAL EXPERTISE CAPACITY

    Inserted: SECTION 801. SHORT TITLE.

    Inserted: This title may be cited as the "FCC Technical Expertise Capacity Heightening Act" or the "FCC TECH Act".

    Inserted: SEC. 802. APPOINTMENT OF TECHNICAL STAFF.

    Inserted: Section 4(f)(2) of the Communications Act of 1934 (47 U.S.C. 154(f)(2)) is amended by inserting after the first sentence the following new sentence: "Each commissioner may also appoint an electrical engineer or computer scientist to provide the commissioner technical consultation when appropriate and to interface with the Office of Engineering and Technology, Commission Bureaus, and other technical staff of the Commission for additional technical input and resources, provided that such engineer or scientist holds an undergraduate or graduate degree from an institution of higher education in their respective field of expertise.".

    Inserted: SEC. 803. TECHNICAL POLICY AND PERSONNEL STUDY.

    Inserted: (a) Study.--

    Inserted: (1) Requirements of study.--The Chairman of the Federal Communications Commission (referred to in this section as the "Commission") shall enter into an arrangement with the National Academy of Sciences to complete a study of the technical policy decision-making and the technical personnel at the Commission.

    Inserted: (2) Contents.--The study required under paragraph (1) shall--

    Inserted: (A) review the technical policy decision making of the Commission, including if the Commission has the adequate resources and processes in place to properly evaluate and account for the technical aspects and impact of the Commission's regulatory rulemaking;

    Inserted: (B) review--

    Inserted: (i) the timeliness of the rulemaking process utilized by the Commission; and

    Show 10 more inserted paragraphs

    Inserted: (ii) the impact of regulatory delay on telecommunications innovation;

    Inserted: (C) based upon the review undertaken pursuant to subparagraph (B), make recommendations for the Commission to streamline its rulemaking process;

    Inserted: (D) evaluate the current staffing levels and skill sets of technical personnel at the Commission to determine if such staffing levels and skill sets are aligned with the current and future needs of the Commission, as well as with current and future issues that come or may come under the jurisdiction of the Commission and shall include a recommendation on the appropriate number or percentage of technical personnel that should constitute the Commission workforce;

    Inserted: (E) examine the current technical staff and engineering recruiting procedures at the Commission and make recommendations on how the Commission can improve its efforts to hire and retain engineers and other technical staff members;

    Inserted: (F) examine--

    Inserted: (i) the reliance of the Commission on external contractors in the development of policy and in evaluating the technical aspects of services, devices, and issues that arise under the jurisdiction of the Commission; and

    Inserted: (ii) the potential costs and benefits of the development of "in-house" resources to perform the duties that are currently being outsourced to external contractors; and

    Inserted: (G) compare the decision-making process of the Commission with the decision-making process used by similar regulatory authorities in other industrialized countries, including the European Union, Japan, Canada, Australia, and the United Kingdom.

    Inserted: (b) Report.--The Commission shall transmit a report describing the results of the study and recommendations required by subsection (a) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.

    Inserted: (c) Offset of Administrative Costs.--Section 4(a) of Public Law 109-34 (47 U.S.C. 703(a)) is amended by striking "annual" and inserting "biennial".

    Original wording

    At the end, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2634. Ms. SNOWE submitted an amendment intended to be proposed by her to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE VIII--FCC TECHNICAL EXPERTISE CAPACITY

SECTION 801. SHORT TITLE.

This title may be cited as the “FCC Technical Expertise Capacity Heightening Act” or the “FCC TECH Act”.

SEC. 802. APPOINTMENT OF TECHNICAL STAFF.

Section 4(f)(2) of the Communications Act of 1934 (47 U.S.C. 154(f)(2)) is amended by inserting after the first sentence the following new sentence: “Each commissioner may also appoint an electrical engineer or computer scientist to provide the commissioner technical consultation when appropriate and to interface with the Office of Engineering and Technology, Commission Bureaus, and other technical staff of the Commission for additional technical input and resources, provided that such engineer or scientist holds an undergraduate or graduate degree from an institution of higher education in their respective field of expertise.”.

SEC. 803. TECHNICAL POLICY AND PERSONNEL STUDY.

(a) Study.--

(1) Requirements of study.--The Chairman of the Federal Communications Commission (referred to in this section as the “Commission”) shall enter into an arrangement with the National Academy of Sciences to complete a study of the technical policy decision-making and the technical personnel at the Commission.

(2) Contents.--The study required under paragraph (1) shall--

(A) review the technical policy decision making of the Commission, including if the Commission has the adequate resources and processes in place to properly evaluate and account for the technical aspects and impact of the Commission's regulatory rulemaking;

(B) review--

(i) the timeliness of the rulemaking process utilized by the Commission; and

(ii) the impact of regulatory delay on telecommunications innovation;

(C) based upon the review undertaken pursuant to subparagraph (B), make recommendations for the Commission to streamline its rulemaking process;

(D) evaluate the current staffing levels and skill sets of technical personnel at the Commission to determine if such staffing levels and skill sets are aligned with the current and future needs of the Commission, as well as with current and future issues that come or may come under the jurisdiction of the Commission and shall include a recommendation on the appropriate number or percentage of technical personnel that should constitute the Commission workforce;

(E) examine the current technical staff and engineering recruiting procedures at the Commission and make recommendations on how the Commission can improve its efforts to hire and retain engineers and other technical staff members;

(F) examine--

(i) the reliance of the Commission on external contractors in the development of policy and in evaluating the technical aspects of services, devices, and issues that arise under the jurisdiction of the Commission; and

(ii) the potential costs and benefits of the development of “in-house” resources to perform the duties that are currently being outsourced to external contractors; and

(G) compare the decision-making process of the Commission with the decision-making process used by similar regulatory authorities in other industrialized countries, including the European Union, Japan, Canada, Australia, and the United Kingdom.

(b) Report.--The Commission shall transmit a report describing the results of the study and recommendations required by subsection (a) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.

(c) Offset of Administrative Costs.--Section 4(a) of Public Law 109-34 (47 U.S.C. 703(a)) is amended by striking “annual” and inserting “biennial”.

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Senate amendment submitted

July 30, 2012