Toward the close of the second session of the 85th Congress the Senate passed the so-called Potter resolution (S.J. Res. 106) which would have created a Commission on the Allocation of Radio and Television Frequencies whose duty it would have been to conduct a study and investigation of the radio and television frequencies allocated to the Federal Government. Our committee adopted an amendment to this resolution requiring the Commission to study and investigate not only radio and television frequencies utilized by the Federal Government but radio and television frequencies assigned by non-Government users. As you will recall, strong opposition developed to the proposed legislation. No action was taken on Senate Joint Resolution 106 in the House of Representatives. Without objection at this point I would like to insert a copy of Senate Joint Resolution 106, as passed by the Senate, and Senate Joint Resolution 106, as reported by the Committee on Interstate and Foreign Commerce in the House of Representatives. (The bills referred to follow :) [S.J. Res. 106, 85th Cong., 2d sess.] JOINT RESOLUTION To establish a commission to investigate the utilization of the radio and television frequencies allocated to the agencies and instrumentalities of the Federal Government Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) there is hereby established a Commission on the Allocation of Radio and Television Frequencies (hereinafter referred to as the "Commission"). (b) The Commission shall be composed of five members as follows: (1) Two appointed by the President of the United States, one of whom shall be designated by the President at the time of appointment as chairman of the Commission; (2) One appointed by the President of the Senate; (3) One appointed by the Speaker of the House of Representatives; and (4) One appointed by the Chairman of the Federal Communications Commission. (c) The members of the Commission shall be citizens of the United States who (1) are not officers or employees of the Federal Government, and (2) by reason of training or experience, or both, are experts in the field of communications. (d) The Commission shall establish rules for its procedures. (e) Any vacancy in the Commission shall not affect its powers, but shall be filled in the same maner in which the original appointment was made. (f) The members of the Commission shall each receive $50 per diem when engaged in the actual performance of duties vested in the Commission, plus travel and subsistence expenses while away from their homes or regular places of business in accordance with the Travel Expense Act of 1949, as amended, and the Standardized Government Travel Regulations. SEC. 2. (a) It shall be the duty of the Commission to conduct a thorough and comprehensive study and investigation of the radio and television frequencies allocated to the various agencies and instrumentalities of the Federal Government with a view to determining (1) whether such frequencies are being efficiently utilized to the maximum degree possible, (2) whether any (and if so, how much) of such frequencies may, without jeopardizing the public interest, be relinquished to the Federal Communications Commission for allocation to nongovernmental purposes, and (3) what are the likely future requirements of the various agencies and instrumentalities of the Federal Government for radio and television frequencies. (b) The Commission shall submit to the President within six months after the date of enactment of this joint resolution a full and complete report of the results of the study and investigation provided for in subsection (a) together with such recommendations as the Commission deems advisable. The Com mission shall also submit, at such time, to the Congress a report identical as that submitted to the President, except that there shall be omitted from the report submitted to the Congress any information which has been classified for security purposes. Upon submitting the reports provided for by this subsection, the Commission shall cease to exist. SEC. 3. (a) The Commission shall have power to appoint and fix the compensation of such personnel as it deems advisable, without regard to the provisions of the civil service laws and the Classification Act of 1949, as amended: Provided, however, That no employee (other than technical personnel) whose position would be subject to the Classification Act of 1949, as amended, if such Act were applicable to such position, shall be paid a salary at a rate in excess of the rate payable under such Act for positions of equivalent difficulty or re sponsibility. (b) The Commission may procure, without regard to the civil service laws and the Classification Act of 1949, as amended, temporary and intermittent services to the same extent as is authorized for the departments by section 15 of the Act of August 2, 1946 (60 Stat. 810), but at rates not to exceed $50 per diem for individuals. SEC. 4. (a) The Commission is authorized to secure from any department, agency, or independent instrumentality of the Federal Government any infor mation (including information which has been classified for security purposes) it deems necessary or desirable to enable it to carry out its functions under this joint resolution; and each such department, agency, and instrumentality is authorized and directed to furnish such information to the Commission, upon request made by the Chairman of the Commission. (b) The Commission may authorize the Chairman to make the expenditures herein authorized and such other expenditures as may be necessary to carry out the duties of the Commission. When the Commission ceases its activities it shall prepare a statement of its financial transactions and the General Accounting Office shall, in connection with the audit of the Commission's financial transactions required by other law, audit said statement and report thereon to the Committees on Appropriations of the Senate and the House of Representatives. SEC. 5. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this joint resolution. Passed the Senate July 21, 1958. Attest: FELTON M. JOHNSTON, Secretary. [S.J. Res. 106, 85th Cong., 2d sess.] [Omit the part struck through and insert the part printed in italic] JOINT RESOLUTION To establish a commission to investigate the utilization of the radio and television frequencies allocated to the agencies and instrumentalities of the Federal Government Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) there is hereby established a Commission on the Allocation of Radio and Television Frequencies (hereinafter referred to as the "Commission"). (b) The Commission shall be composed of five members as follows: (1) Two appointed by the President of the United States, one of whom shall be designated by the President at the time of appointment as chairman of the Commission; (2) One appointed by the President of the Senate; (3) One appointed by the Speaker of the House of Representatives; and (4) One appointed by the Chairman of the Federal Communications Commission. (c) The members of the Commission shall be citizens of the United States who (1) are not officers or employees of the Federal Government, and (2) by reason of training or experience, or both, are experts in the field of communications. (d) The Commission shall establish rules for its procedures. (e) Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (f) The members of the Commission shall each receive $50 per diem when engaged in the actual performance of duties vested in the Commission, plus travel and subsistence expenses while away from their homes or regular places of busi ness in accordance with the Travel Expense Act of 1949, as amended, and the Standardized Government Travel Regulations. See. 2: (a) It shall be the duty of the Commission to conduct a thorough and comprehensive study and investigation of the radio and television frequencies allocated to the various agencies and instrumentalities of the Federal Government with a view to determining (1) whether such frequencies are being efficiently utilized to the maximum degree possible, (2) whether any (and if so, how much) of such frequencies may, without jeopardizing the publie interest, be relinquished to the Federal Communications Commission for allocation to nongovernmental purposes, and (3) what are the likely future requirements of the various agencies and instrumentalities of the Federal Government for radio and television frequencies. SEC. 2. (a) It shall be the duty of the Commission to conduct a thorough and comprehensive study and investigation of the allocation, management, and control of bands of radio and television frequencies under the provisions of the Communications Act of 1934, as amended, with a view to determining (1) how such frequencies may be utilized to the maximum degree possible, (2) how planning should be undertaken to take advantage of technological change in achieving maximum use of the frequency spectrum, (3) whether any (and if so how much) of such frequencies may, in the public interest, be reallocated to other uses, (4) the likely future requirements of the various nongovernmental users and agencies and instrumentalities of the Federal Government for radio and television frequencies, and (5) the changes, if any, that should be made in the existing administrative organization and procedures for discharging the Federal Government's responsibilities in this field. (b) The Commission shall submit to the President within six months after the date of enactment of this joint resolution the appointment and qualification of its members a full and complete report of the results of the study and investigation provided for in subsection (a) together with such recommendations as the Commission deems advisable. The Commission shall also submit, at such time, to the Congress a report identical as that submitted to the President, except that there shall be omitted from the report submitted to the Congress any information which has been classified for security purposes. Upon submitting the reports provided for by this subsection, the Commission shall cease to exist. SEC. 3. (a) The Commission shall have power to appoint and fix the compensation of such personnel as it deems advisable, without regard to the provisions of the civil service laws and the Classification Act of 1949, as amended: Provided, however, That no employee (other than technical personnel) whose position would be subject to the Classification Act of 1949, as amended, if such Act were applicable to such position, shall be paid a salary at a rate in excess of the rate payable under such Act for positions of equivalent difficulty or responsibility. (b) The Commission may procure, without regard to the civil service laws and the Classification Act of 1949, as amended, temporary and intermittent services to the same extent as is authorized for the departments by section 15 of the Act of August 2, 1946 (60 Stat. 810), but at rates not to exceed $50 per diem for individuals. SEC. 4. (a) The Commission is authorized to secure from any department, agency, or independent instrumentality of the Federal Government any information (including information which has been classified for security purposes) it deems necessary or desirable to enable it to carry out its functions under this joint resolution; and each such department, agency, and instrumentality is authorized and directed to furnish such information to the Commission, upon request made by the Chairman of the Commission. (b) The Commission may authorize the Chairman to make the expenditures herein authorized and such other expenditures as may be necessary to carry out the duties of the Commission. When the Commission ceases its activities it shall prepare a staten ent of its financial transactions and the General Accounting Office shall, in connection with the audit of the Commission's financial transactions requirred by other law, audit said statement and report thereon to the Committees on Appropriations appropriate committees of the Senate and the House of Representatives. SEC. 5. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this joint resolution. Funds appropriated under the heading "Emergency Fund for the President, National Defense" in the General Government Matters Appropriation Act, 1959, shall be available to carry out the provisions of this joint resolution. Amend the title so as to read: "Joint resolution to establish a Commission to investigate the allocation, management, and control of radio and television frequencies." Passed the Senate July 21, 1958. FELTON M. JOHNSTON, Secretary. The CHAIRMAN. During this 86th Congress the Eisenhower administration requested introduction of a resolution to establish a five-member commission to be appointed by the President to study the utilization of the radio spectrum. I introduced the resolution (H.J. Res. 331) and, without objection, a copy of the resolution and department reports thereon will be inserted in the record at this point. (The bill and reports referred to follow :) [H.J. Res. 331, 86th Cong., 1st sess.] JOINT RESOLUTION To establish a commission to study and report on the United States telecommunication resource with special attention to the radio spectrum Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) there is hereby established a Commission on Telecommunication Management (hereinafter referred to as the "Commission"). (b) The Commission shall be composed of five members as follows: (1) The members shall be appointed by the President of the United States. (2) One member shall be designated by the President at the time of appointment as Chairman of the Commission. (c) The members of the Commission shall be citizens of the United States who are not officers or employees of the Federal Government, and shall include persons who, by reason of training or experience, or both, are experts in the field of telecommunication. (d) The Commission shall establish rules for its procedures. (e) Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (f) The members of the Commission shall each receive $75 per diem when engaged in the actual performance of duties vested in the Commission, plus travel and allowances in lieu of subsistence expenses while away from their homes or regular places of business in accordance with the Travel Expense Act of 1949, as amended, and the Standardized Government Travel Regulations. SEC. 2. (a) It shall be the duty of the Commission to conduct a thorough and comprehensive study and investigation of (1) the role of the Federal Government in the management of the United States telecommunication resource, (2) the administrative organization for discharging the Government's responsibilities, with particular reference to the division of responsibility under the Communications Act of 1934, as amended, with a view to determining what changes, if any, should be made in the existing administrative organizations or statutes to improve the management of that resource, (3) the existing methods and procedures for allocating radiofrequencies and bands of radiofrequencies as between Federal Government and non-Federal Government users, with a view to determining what changes, if any, should be made to insure, insofar as practicable, that allocated frequencies may be utilized to the maximum degree in the national interest, and to facilitate planning to take advantage of technological change in achieving maximum return from the use of the radio spectrum, and (4) the existing table of radiofrequency allocations with respect to the apportionment of the various parts of the radiofrequency spectrum as between Government and non-Government users, with a view to determining whether the current division of the spectrum serves the national interest to an appropriate degree and whether any frequency space (and if so, how much of such space) may, in the public interest, be reallocated to other uses. (b) The Commission shall submit to the President for transmission to the Congress within one year after the appointment and qualification of its members a report of the results of the study and investigation provided for in subsection (a) together with such recommendations as the Commission deems desirable and applicable. Upon submitting the report provided for by this subsection, the Commission shall cease to exist. SEC. 3. (a) The Commission shall have power to appoint and fix the compensation of such personnel as it deems advisable, without regard to the provisions of the civil service laws and the Classification Act of 1949, as amended: Provided, however, That no employee (other than technical personnel) whose position would be subject to the Classification Act of 1949, as amended, if such Act were applicable to such position, shall be paid a salary at a rate in excess of the rate payable under such Act for positions of equivalent difficulty or responsibility. (b) The Commission may procure, without regard to the civil service laws and the Classification Act of 1949, as amended, temporary and intermittent services as authorized for the departments by section 15 of the Act of August 2, 1946 (60 Stat, 810), but at rates not in to exceed $75 per diem for individuals. SEC. 4. (a) The Commission is authorized to receive from any department, agency, or independent instrumentality of the Federal Government any information deemed necessary or desirable to enable it to carry out its functions under this joint resolution; and each such department, agency, and instrumentality is authorized to furnish such information to the Commission, upon request made by the Chairman of the Commission. (b) The Commission may authorize the Chairman to make the expenditures herein authorized and such other expenditures as may be necessary to carry out the duties of the Commission. When the Commission ceases its activities it shall prepare a statement of its financial transactions and the General Accounting Office shall, in conneciton with the audit of the Commission's financial transactions required by other law, audit said statement and report thereon to the appropriate committees of the Senate and the House of Representatives. SEC. 5. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this joint resolution. Funds appropriated under the heading "Emergency Fund for the President, National Defense" in the General Government Matters Appropriation Act, 1959 and 1960, shall be available to carry out the provisions of this joint resolution. Hon. OREN HARRIS, EXECUTIVE OFFICE OF THE PRESIDENT, BUREAU OF THE BUDGET, Washington, D.C., May 20, 1959. Chairman, Committee on Interstate and Foreign Commerce, MY DEAR MR. CHAIRMAN: Reference is made to your request to the Bureau of the Budget for its views with respect to House Joint Resolution 292 and House Joint Resolution 331. These resolutions would both establish commissions to review utilization of the radio spectrum and related matters. The President has recommended to the Congress that a study of this subject should be made and the administration-favored resolution is House Joint Resolution 331. The Bureau of the Budget, therefore, supports enactment of House Joint Resolution 331 in preference to House Joint Resolution 292. Our principal reasons for favoring House Joint Resolution 331 over House Joint Resolution 292 are as follows: (a) The study authorized by House Joint Resolution 292 is too limited in scope, only calling for an examination of radio and television frequencies allocated to the various agencies and instrumentalities of the Federal Government. It is believed that this study should look at the total telecommunications resource and not at a selected segment of that resource, and should also concern itself with existing methods for allocating frequencies. (b) The time allowed for completion of House Joint Resolution 292 study (6 months) is believed to be inadequate for the task involved. While the resolution is limited in scope, it does call for a detailed examination of frequency utilization. We understand that such a study could not be completed even in a period substantially longer than 6 months. (c) The method of appointment of the members of the commission (two by the President, one by the President of the Senate, one by the Speaker of the House, and one by the Chairman of the Federal Communications Commission), and the requirement that all members be experts in the field of communications, |