47 U.S.C. § 904 — General administrative provisions

Page 377 TITLE 47—TELECOMMUNICATIONS § 904 1 See References in Text note below. paragraph (3), including the implementation schedule for the plan. (e) Proof of compliance with FCC licensing re- quirements (1) Amendment to manual required Within 90 days after August 10, 1993, the Sec- retary and the NTIA shall amend the spectrum management document described in sub- section (a) to require that— (A) no person or entity (other than an agency or instrumentality of the United States) shall be permitted, after 1 year after August 10, 1993, to operate a radio station utilizing a frequency that is authorized for the use of government stations pursuant to section 902(b)(2)(A) of this title for any non- government application unless such person or entity has submitted to the NTIA proof, in a form prescribed by such manual, that such person or entity has obtained a license from the Commission; and (B) no person or entity (other than an agency or instrumentality of the United States) shall be permitted, after 1 year after August 10, 1993, to utilize a radio station be- longing to the United States for any non- government application unless such person or entity has submitted to the NTIA proof, in a form prescribed by such manual, that such person or entity has obtained a license from the Commission. (2) Retention of forms The NTIA shall maintain on file the proofs submitted under paragraph (1), or facsimiles thereof. (3) Certification Within 1 year after August 10, 1993, the Sec- retary and the NTIA shall certify to the Com- mittee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that— (A) the amendments required by paragraph (1) have been accomplished; and (B) the requirements of subparagraphs (A) and (B) of such paragraph are being en- forced. (Pub. L. 102–538, title I, § 104, Oct. 27, 1992, 106 Stat. 3537; Pub. L. 103–66, title VI, § 6001(b), Aug. 10, 1993, 107 Stat. 387.) Editorial Notes AMENDMENTS 1993—Subsec. (e). Pub. L. 103–66 added subsec. (e). 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 En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. AUTHORIZATION OF USE OF SPECTRUM BY, AND PROVI- SION OF SPECTRUM FUNCTIONS TO, FEDERAL ENTITY; REIMBURSEMENT Pub. L. 108–7, div. B, title II, Feb. 20, 2003, 117 Stat. 71, provided in part: ‘‘That hereafter, notwithstanding any other provision of law, NTIA [National Telecommuni- cations and Information Administration] shall not au- thorize spectrum use or provide any spectrum functions pursuant to the National Telecommunications and In- formation Administration Organization Act, 47 U.S.C. 902–903 [47 U.S.C. 901 et seq.], to any Federal entity without reimbursement as required by NTIA for such spectrum management costs, and Federal entities with- holding payment of such cost shall not use spectrum’’. Similar provisions were contained in the following prior appropriation acts: Pub. L. 107–77, title II, Nov. 28, 2001, 115 Stat. 772. Pub. L. 106–553, § 1(a)(2) [title II], Dec. 21, 2000, 114 Stat. 2762, 2762A–72. Pub. L. 106–113, div. B, § 1000(a)(1) [title II], Nov. 29, 1999, 113 Stat. 1535, 1501A–26. Pub. L. 105–277, div. A, § 101(b) [title II], Oct. 21, 1998, 112 Stat. 2681–50, 2681–80. Pub. L. 105–119, title II, Nov. 26, 1997, 111 Stat. 2474. Pub. L. 104–208, div. A, title I, § 101(a) [title II], Sept. 30, 1996, 110 Stat. 3009, 3009–35. § 904. General administrative provisions (a) Interagency functions (1) Agency consultation Federal agencies shall consult with the As- sistant Secretary and the NTIA to ensure that the conduct of telecommunications activities by such agencies is consistent with the poli- cies 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 eval- uations and recommendations) provided for in section 744(a) 1 of this title. (3) Coordination with Secretary of State The Secretary shall coordinate with the Sec- retary of State the performance of the func- tions described in section 902(b)(2)(C) of this title. The Corporation and concerned execu- tive agencies shall provide the Secretary with such assistance, documents, and other co- operation as will enable the Secretary to carry out those functions. (b) Advisory committees and informal consulta- tions 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 As- sistant 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 ex- perts in the telecommunications and/or informa- tion areas outside the Government. The NTIA may also informally consult with industry as appropriate to carry out the most effective per- formance of its functions. Page 378 TITLE 47—TELECOMMUNICATIONS § 905 (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 di- rected to cooperate with the NTIA and to fur- nish it with such information, support, and as- sistance, 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 func- tion 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) re- quired to be assigned to the NTIA by section 902(b) of this title. (2) Limitation on authority The Secretary may not make any reassign- ment of a function (or portion thereof) re- quired to be assigned to the NTIA by section 902(b) of this title unless the Secretary sub- mits 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 describ- ing the proposed reassignment and containing an explanation of the reasons for the reassign- ment. 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 pur- poses 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, nei- ther 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 fur- thering the authorized functions of the NTIA if such solicitation would create a conflict of in- terest or an appearance of a conflict of interest. (Pub. L. 102–538, title I, § 105, Oct. 27, 1992, 106 Stat. 3538.) 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 En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. 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 1013 of Title 5, Government Organization and Employees. § 905. Omitted Editorial Notes CODIFICATION Section, Pub. L. 95–567, title IV, § 402, Nov. 2, 1978, 92 Stat. 2424, which required the National Telecommuni- cations and Information Administration to submit an annual report to Congress on activities of the Adminis- tration with respect to domestic communications, international communications, Federal Government communications, spectrum plans and policies, and other matters, terminated, effective May 15, 2000, pur- suant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, 1st item on page 55 of House Docu- ment No. 103–7. § 906. Wireless supply chain innovation and mul- tilateral security (a) Communications technology security funds (1) Public Wireless Supply Chain Innovation Fund (A) Establishment (i) In general There is established in the Treasury of the United States a trust fund to be known as the ‘‘Public Wireless Supply Chain In- novation Fund’’ (referred to in this para- graph as the ‘‘Innovation Fund’’). (ii) Availability (I) In general Amounts appropriated to the Innova- tion Fund shall remain available through the end of the tenth fiscal year beginning after the date on which funds are appropriated to the Fund. (II) Remainder to Treasury Any amounts remaining in the Innova- tion Fund after the end of the tenth fis- cal year beginning after the date of ap- propriation shall be deposited in the gen- eral fund of the Treasury. (B) Use of Fund (i) In general Amounts appropriated to the Innovation Fund shall be available to the Secretary, acting through the NTIA Administrator, to make grants on a competitive basis