
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC904]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
  CHAPTER 8--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
 
                SUBCHAPTER I--ORGANIZATION AND FUNCTIONS
 
Sec. 904. General administrative provisions


(a) Interagency functions

                       (1) Agency consultation

        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) Report to President

        The Secretary shall timely submit to the President each year the 
    report (including evaluations and recommendations) provided for in 
    section 744(a) \1\ of this title.
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    \1\ See References in Text note below.
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              (3) Coordination with Secretary of State

        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) Advisory committees and informal consultations with industry

    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) General provisions

                           (1) Regulations

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

           (2) Support and assistance from other agencies

        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) Effect on vested functions

        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) Reorganization

                     (1) Authority to reorganize

        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) Limitation on authority

        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) Limitation on solicitations

    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.

(Pub. L. 102-538, title I, Sec. 105, Oct. 27, 1992, 106 Stat. 3538.)

                       References in Text

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repealed by Pub.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

                         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.


                   Termination of Advisory Committees

    Advisory 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 14 of Pub. L. 92-463, 
Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, 
Government Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in section 902 of this title.
