commissioner shall direct. In addition, the chairman of the Commission may appoint, without regard to the civil-service laws, but subject to the Classification Act of 1949, an administrative assistant who shall perform such duties as the chairman shall direct. * * *

(i) The Commission may perform any and all acts, make such rules and regulations, and issue such orders, not inconsistent with this Act, as may be necessary in the execution of its functions.

(j) The Commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice. No commissioner shall participate in any hearing or proceeding in which he has a pecuniary interest. Any party may appear before the Commission and be heard in person or by attorney. Every vote and official act of the Commission shall be entered of record, and its proceedings shall be public upon the request of any party interested. The Commission is authorized to withhold publication of records or proceedings containing secret information affecting the national defense. ***

APPENDIX 8

ADMINISTRATIVE ORDER No. 11

ORDER DEFINING THE EXECUTIVE RESPONSIBILITY OF THE CHAIRMAN WITH RESPECT TO THE INTERNAL AFFAIRS OF THE COMMISSION

At a session of the Federal Communications Commission held at its offices in Washington, D.C., on the 25th day of April 1956:

In accordance with section 5(a) of the Communications Act of 1934, as amended, which reads, in part: "The member of the Commission designated by the President as Chairman shall be the chief executive officer of the Commission. It shall be his duty to preside at all meetings and sessions of the Commission, to represent the Commission in all matters relating to legislation and legislative reports except that any commissioner may present his own minority views or supplemental reports, to represent the Commission in all matters requiring conferences or communications with other governmental officers, departments or agencies, and generally to coordinate and organize the work of the Commission in such a manner as to promote prompt and efficient disposition of all matters within the jurisdiction of the Commission." The executive responsibility and authority of the Chairman with respect to the internal affairs of the Commission are hereby defined.

A. In internal matters of a fairly routine character.—As to these, the Chairman takes final action, need not report specifically thereon to the Commission, but from time to time advises the Commission in general of such actions taken. Illustrations of this type of matter are:

1. procurement and disposition of office space;

2. setting of priorities in use of service facilities;

3. classification of positions up to and including GS-14;

4. approval of individual personnel actions affecting employees up to and including grade GS-9 or its equivalent, except involuntary separations and actions affecting personnel employed in the immediate offices of Commissioners.

5. approval of minor and non-substantive changes in operating procedure, except changes which involve the protective provisions of the Communications Act or of the Administrative Procedure Act; and

6. promulgation of manuals and other procedural instructions with respect to administrative matters.

B. In internal matters of a non-routine character which do not involve policy determinations.-As to these, the Chairman takes final action but specifically advises the Commission of each action taken. Illustrations of this type of matter are:

1. making of work assignments to the staff of a substantial and unusual nature;

2. establishment of personnel ceilings or staffing schedules;

3. installation or revision of statistical or reporting systems for administrative purposes;

4. approval of individual personnel actions affecting employees in grades GS-10 through 14 or their equivalent, except involuntary separations and

all actions affecting personnel employed in the immediate offices of Commissioners. Only those actions which affect grade, permanent assignment, and professional qualifications are reported to the Commission on a case-by-case basis;

5. approval of minor changes in organizations within a bureau or staff office; and

6. approval of major changes in procedure except changes of a substantive nature or which involve the protective provisions of the Communications Act or the Administrative Procedure Act.

C. In internal matters of an important character or which involve policy determinations.-As to these, the Chairman develops proposals for presentation to the Commission. All matters of this nature originating with the staff or other Commissioners are addressed to the Commission through the Chairman. Illustrations of this type of matter are:

1. approval of budgetary requests to be submitted to the Bureau of the Budget;

2. allotment of funds among purposes, bureaus, and offices;

3. promulgation of formal personnel policies;

4. approval of extraordinary assignments of personnel (e.g. details outside the agency);

5. approval of major changes in organization within a bureau or staff office and all changes affecting two or more bureaus or staff offices;

6. approval of changes in procedure of a substantive nature or which affect the protective features of the Communications Act or the Administrative Procedure Act;

7. approval of all involuntary separations of personnel; and

8. approval of actions affecting personnel at the grade GS-14 level and above, except those actions affecting personnel employed in the immediate offices of Commissioners.

D. With respect to the personnel in Commissioner's offices.-The individual Commissioners control appointments to and separations from such positions except that all such actions will be taken only after consultation with the Chairman or his designated representative to assure conformance with budget limitations, civil service regulations, and similar requirements.

E. With respect to supervision of staff.—On behalf of the Commission and pursuant to Section 5(a) of the Act, the Chairman has responsibility and authority to supervise the staff of the Commission in its day-to-day activities. This authority does not involve in any way the content of policy recommendations or the Commission's adjudicatory decisions.

F. Authority to delegate.-To the extent he finds necessary or desirable the Chairman may delegate to appropriate officials performance of duties covered by this order.

G. Nothing in this order shall be interpreted to confer upon the Chairman any authority inconsistent with any laws, rules, or regulations governing personnel administration or other management matters.

H. This order rescinds and supersedes Administrative Order No. 8, dated June 2, 1949. FEDERAL COMMUNICATIONS COMMISSION, MARY JANE MORRIS, Secretary.

APPENDIX 9

ADMINISTRATIVE PROCEDURE ACT

SEC. 8. (b) Submittals and DECISIONS.—Prior to each recommended, initial, or tentative decision, or decision upon agency review of the decision of subordinate officers the parties shall be afforded a reasonable opportunity to submit for the consideration of the officers participating in such decisions (1) proposed findings and conclusions, or (2) exceptions to the decisions or recommended decisions or subordinate officers or to tentative agency decisions, and (3) supporting reasons for such exceptions or proposed findings or conclusions. The record shall show the ruling upon each such finding, conclusion, or exception presented. All decisions (including initial, recommended, or tentative devisions) shall become a part of the record and include a statement of (1) findings and conclusions, as well as the reasons or basis therefor, upon all the material issues of fact, law, or discretion presented on the record; and (2) the appropriate rule, order, sanction, relief, or denial thereof.

APPENDIX 10

REORGANIZATION PLAN No. 11 OF 1950

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 13, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949

FEDERAL COMMUNICATIONS COMMISSION

SECTION 1. Transfer of functions to the Chairman.-(a) Subject to the provisions of subsection (b) of this section, there are hereby transferred from the Federal Communications Commission, hereinafter referred to as the Commission, to the Chairman of the Commission, hereinafter referred to as the Chairman, the executive and administrative functions of the Commission, including functions of the Commission with respect to (1) the appointment and supervision of personnel employed under the Commission, (2) the distribution of business among such personnel and among administrative units of the Commission, and (3) the use and expenditure of funds.

(b) (1) In carrying out any of his functions under the provisions of this section the Chairman shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make.

(2) The appointment by the Chairman of the heads of major administrative units under the Commission shall be subject to the approval of the Commission. (3) Personnel employed regularly and full time in the immediate offices of commissioners other than the Chairman shall not be affected by the provisions of this reorganization plan.

(4) There are hereby reserved to the Commission its functions with respect to revising budget estimates and with respect to determining upon the distribution of appropriated funds according to major programs and purposes.

SEC. 2. Performance of transferred functions.-The Chairman may from time to time make such provisions as he shall deem appropriate authorizing the performance by any officer, employee, or administrative unit under his jurisdiction of any function transferred to the Chairman by the provisions of this reorganization plan.

COMPARISON OF REORGANIZATION PLAN No. 2 of 1961 (FEDERAL COMMUNICATIONS COMMISSION) WITH RESPECT TO PRESENT COMMISSION PRACTICE ON REVIEW AND PROPOSED COMMISSION PRACTICE ON REVIEW IF PLAN BECOMES EFFECTIVE

Hon. JOHN L. MCCLELLAN,

FEDERAL COMMUNICATIONS COMMISSION,
Washington, D.C., June 8, 1961.

Chairman, Committee on Government Operations,
U.S. Senate, Washington, D.C.

DEAR CHAIRMAN MCCLELLAN: You have requested that the Commission submit its views concerning the effect of the first proviso in section 1 of plan No. 2 of 1961 on the Commission's operations.

At the present time every hearing in an adjudicatory case must be conducted by the Commission or by one or more examiners (sec. 409(a) of the Communications Act of 1934, as amended). Where the act requires a hearing in rulemaking proceedings (e.g., secs. 303 (f), 204, 205 of the Communications Act),. the provisions of 7(a) of the Administrative Procedure Act would be applicable, and the hearing could be conducted by one or more members of the Commission, as well as by the Commission or an examiner.

The first sentence of section 1 of the plan would change existing law by removing the restriction in 409 (a) and permitting the Commission in adjudicatory cases to assign one or more Commissioners to conduct the hearing. While the first sentence also permits delegation of any function to employee or employee boards, the proviso, that section 7(a) of the Administrative Procedure Act remain applicable, establishes that the function of conducting a hearing could not be assigned to employees.

I hope the foregoing fully answers your inquiry. I will, of course, be glad to supply any further information.

Sincerely yours,

NEWTON N. MINOW, Chairman.

The CHAIRMAN. Did you have any further comment which you are authorized to make on their behalf?

Mr. CAHILL. No, sir; I do not have any.

The CHAIRMAN. Very good. Of course, the Commissioners understand, I assume, that during the course of the hearings if any Senator desires, or if the committee desires to interrogate them after having read their statements, they will be subject to call for that purpose. Mr. GELLER. They wish to make clear that they will be available and will be glad to come down to answer any questions at any time. The CHAIRMAN. All right.

Senator JAVITS. Mr. Chairman, may I ask if this particular plan had a hearing before the Senate Commerce Committee?

Mr. GELLER. Yes. It had a hearing before the Senate Interstate and Foreign Commerce Committee.

Senator JAVITS. Is that record available?

Mr. GELLER. I believe it is.

Senator JAVITS. Thank you very much.

Mr. Chairman, can we do the same with the record of this hearing as we did in the record of the hearing before the Banking and Currency Committee on the Securities and Exchange Commission?

The CHAIRMAN. Oh, yes. The Senate Commerce Committee held hearings on it. The hearings before the Commerce Committee of the Senate may be made a part of this record as an exhibit to the testimony that is already taken, and we will determine later whether we will print it or just let it be part of the record of the hearings in its present form.

I understand that the House Committee on Government Operations has already reported out favorably a resolution of disapproval. I do not believe the House has voted on it yet.

Mr. GELLER. No, sir. it has not.

Mr. CAHILL. No, sir.

The CHAIRMAN. But the House committee did report a resolution of disapproval.

Mr. CAHILL. That is right, sir.

Mr. GELLER. House Report No. 446.

The CHAIRMAN. Very good.

Mr. GELLER. One final point, Mr. Chairman: The hearings before the Senate Commerce Committee have not yet been corrected, but will be corrected very shortly, in a day or two.

The CHAIRMAN. Whenever they are finalized. Very good. Thank you, gentlemen.

Mr. CAHILL. Thank you.

The CHAIRMAN. At this point in the record, communications from interested persons and organizations relative to plan No. 2 will be inserted, including those referred to this committee by the Senators indicated, for insertion in this record.

(The material referred to is as follows:)

STATEMENT ON REORGANIZATION PLAN No. 2 FILED WITH THE COMMITTEE ON GOVERNMENT OPERATIONS, U.S. SENATE, BY GOV. LEROY COLLINS, PRESIDENT, NATIONAL ASSOCIATION OF BROADCASTERS

Mr. Chairman, my name is LeRoy Collins. I am president of the National Association of Broadcasters.

Our principal offices are here in Washington, and our membership consists of 1,755 AM radio, 587 FM radio and 373 television stations, in addition to the 4 national radio networks and the 2 national television networks. This represents a substantial majority of the Nation's broadcasters.

The ultimate goal and purpose of Reorganization Plan No. 2-which is to increase the efficiency of the Federal Communications Commission-is laudable. As I understand it, the broad pattern of change, as contemplated by plan No. 2, can be stated as follows:

(1) It removes the now-vested right of appeal to the full Commission in adjudicatory cases. Apparently it also is intended that the now-vested right to review by the Commission in nonadjudicatory cases similarly will be abolished.

(2) It transfers to the Chairman the function, heretofore reserved to the full Commission, of assigning personnel, including Commissioners, to the performance of various duties.