§904 — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

Federal agencies must check with the Assistant Secretary and the NTIA to make sure their telecom activities follow the policies set under section 902(b)(2)(K). The Secretary must send the President the yearly report called for in section 744(a). The Secretary must also work with the Secretary of State on the tasks in section 902(b)(2)(C), and the Corporation and other agencies must give help, papers, and cooperation to allow that work. The Assistant Secretary may keep the Interdepartmental Radio Advisory Committee as an adviser and may set up outside expert advisory groups or talk with industry when needed. The Secretary and NTIA must make rules to carry out their duties. Executive agencies must give information and help the NTIA as allowed by law. No functions already held on October 27, 1992 by the FCC, the Department of State, or their officers are moved by this law. The Secretary can move certain NTIA duties within the Department of Commerce only after notifying the Senate Committee on Commerce, Science, and Transportation and the House Committee on Energy and Commerce and waiting 90 legislative days (only days when both Houses are in session). The Secretary, Assistant Secretary, and NTIA staff must not ask for gifts if doing so would create a conflict of interest or even look like one.

Title 47, §904

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)(1)Federal agencies shall consult with the Assistant Secretary and the NTIA to ensure that the conduct of telecommunications activities by such agencies is consistent with the policies developed under section 902(b)(2)(K) of this title.

(2)The Secretary shall timely submit to the President each year the report (including evaluations and recommendations) provided for in section 744(a) 11 See References in Text note below. of this title.

(3)The Secretary shall coordinate with the Secretary of State the performance of the functions described in section 902(b)(2)(C) of this title. The Corporation and concerned executive agencies shall provide the Secretary with such assistance, documents, and other cooperation as will enable the Secretary to carry out those functions.

(b)To the extent the Assistant Secretary deems it necessary to continue the Interdepartmental Radio Advisory Committee, such Committee shall serve as an advisory committee to the Assistant Secretary and the NTIA. As permitted by law, the Assistant Secretary may establish one or more telecommunications or information advisory committees (or both) composed of experts in the telecommunications and/or information areas outside the Government. The NTIA may also informally consult with industry as appropriate to carry out the most effective performance of its functions.

(c)(1)The Secretary and NTIA shall issue such regulations as may be necessary to carry out the functions assigned under this chapter.

(2)All executive agencies are authorized and directed to cooperate with the NTIA and to furnish it with such information, support, and assistance, not inconsistent with law, as it may require in the performance of its functions.

(3)Nothing in this chapter reassigns any function that is, on October 27, 1992, vested by law or executive order in the Commission, or the Department of State, or any officer thereof.

(d)(1)Subject to paragraph (2), the Secretary may reassign to another unit of the Department of Commerce a function (or portion thereof) required to be assigned to the NTIA by section 902(b) of this title.

(2)The Secretary may not make any reassignment of a function (or portion thereof) required to be assigned to the NTIA by section 902(b) of this title unless the Secretary submits to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a statement describing the proposed reassignment and containing an explanation of the reasons for the reassignment. No reassignment of any such function (or portion thereof) shall be effective until 90 legislative days after the Secretary submits that statement to such Committees. For purposes of this paragraph, the term “legislative days” includes only days on which both Houses of Congress are in session.

(e)Notwithstanding section 1522 of title 15, neither the Secretary, the Assistant Secretary, nor any officer or employee of the NTIA shall solicit any gift or bequest of property, both real and personal, from any entity for the purpose of furthering the authorized functions of the NTIA if such solicitation would create a conflict of interest or an appearance of a conflict of interest.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 744(a) of this title, referred to in subsec. (a)(2), was repealed by Pub. L. 103–414, title III, § 304(b)(4)(A), Oct. 25, 1994, 108 Stat. 4297.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. Termination of Advisory CommitteesAdvisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.

§904 General administrative provisions