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47 U.S.C. § 902 — Establishment; assigned functions

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 902 — Establishment; assigned functions

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Source location: Title 47, Chapter 8, § 902; chapter-008-national-telecommunications-and-information-administration.md

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**(a) Establishment** (1) **Administration** — There shall be within the Department of Commerce an administration to be known as the National Telecommunications and Information Administration. (2) **Head of administration** — The head of the NTIA shall be an Assistant Secretary of Commerce for Communications and Information, who shall be appointed by the President, by and with the advice and consent of the Senate. **(b) Assigned functions** (1) **In general** — Subject to [section 904(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section904/d&num=0&edition=prelim), the Secretary shall assign to the Assistant Secretary and the NTIA responsibility for the performance of the Secretary’s communications and information functions. (2) **Communications and information functions** — Subject to [section 904(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section904/d&num=0&edition=prelim), the functions to be assigned by the Secretary under paragraph (1) include (but are not limited to) the following functions transferred to the Secretary by Reorganization Plan Number 1 of 1977 and Executive Order 12046: (A) The authority delegated by the President to the Secretary to assign frequencies to radio stations or classes of radio stations belonging to and operated by the United States, including the authority to amend, modify, or revoke such assignments, but not including the authority to make final disposition of appeals from frequency assignments. (B) The authority to authorize a foreign government to construct and operate a radio station at the seat of Government of the United States, but only upon recommendation of the Secretary of State and after consultation with the Attorney General and the Chairman of the Commission. (C) Functions relating to the communications satellite system, including authority vested in the President by section 201(a) of the Communications Satellite Act of 1962 ([47 U.S.C. 721(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section721/a&num=0&edition=prelim)) and delegated to the Secretary under Executive Order 12046, to— (i) aid in the planning and development of the commercial communications satellite system and the execution of a national program for the operation of such a system; (ii) conduct a continuous review of all phases of the development and operation of such system, including the activities of the Corporation; (iii) coordinate, in consultation with the Secretary of State, the activities of governmental agencies with responsibilities in the field of telecommunications, so as to ensure that there is full and effective compliance at all times with the policies set forth in the Communications Satellite Act of 1962 [[47 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section701&num=0&edition=prelim) et seq.]; (iv) make recommendations to the President and others as appropriate, with respect to steps necessary to ensure the availability and appropriate utilization of the communications satellite system for general governmental purposes in consonance with section 201(a)(6) of the Communications Satellite Act of 1962 ([47 U.S.C. 721(a)(6)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section721/a/6&num=0&edition=prelim)); 11 See References in Text note below. (v) help attain coordinated and efficient use of the electromagnetic spectrum and the technical compatibility of the communications satellite system with existing communications facilities both in the United States and abroad; (vi) assist in the preparation of Presidential action documents for consideration by the President as may be appropriate under section 201(a) of the Communications Satellite Act of 1962 ([47 U.S.C. 721(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section721/a&num=0&edition=prelim)), make necessary recommendations to the President in connection therewith, and keep the President informed with respect to the carrying out of the Communications Satellite Act of 1962 [[47 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section701&num=0&edition=prelim) et seq.]; and (vii) serve as the chief point of liaison between the President and the Corporation. (D) The authority to serve as the President’s principal adviser on telecommunications policies pertaining to the Nation’s economic and technological advancement and to the regulation of the telecommunications industry. (E) The authority to advise the Director of the Office of Management and Budget on the development of policies relating to the procurement and management of Federal telecommunications systems. (F) The authority to conduct studies and evaluations concerning telecommunications research and development and concerning the initiation, improvement, expansion, testing, operation, and use of Federal telecommunications systems and advising agencies of the results of such studies and evaluations. (G) Functions which involve— (i) developing and setting forth, in coordination with the Secretary of State and other interested agencies, plans, policies, and programs which relate to international telecommunications issues, conferences, and negotiations; (ii) coordinating economic, technical, operational, and related preparations for United States participation in international telecommunications conferences and negotiations; and (iii) providing advice and assistance to the Secretary of State on international telecommunications policies to strengthen the position and serve the best interests of the United States in support of the Secretary of State’s responsibility for the conduct of foreign affairs. (H) The authority to provide for the coordination of the telecommunications activities of the executive branch and assist in the formulation of policies and standards for those activities, including (but not limited to) considerations of interoperability, privacy, security, spectrum use, and emergency readiness. (I) The authority to develop and set forth telecommunications policies pertaining to the Nation’s economic and technological advancement and to the regulation of the telecommunications industry. (J) The responsibility to ensure that the views of the executive branch on telecommunications matters are effectively presented to the Commission and, in coordination with the Director of the Office of Management and Budget, to the Congress. (K) The authority to establish policies concerning spectrum assignments and use by radio stations belonging to and operated by the United States. (L) Functions which involve— (i) developing, in cooperation with the Commission, a comprehensive long-range plan for improved management of all electromagnetic spectrum resources; (ii) performing analysis, engineering, and administrative functions, including the maintenance of necessary files and data bases, as necessary for the performance of assigned functions for the management of electromagnetic spectrum resources; (iii) conducting research and analysis of electromagnetic propagation, radio systems characteristics, and operating techniques affecting the utilization of the electromagnetic spectrum in coordination with specialized, related research and analysis performed by other Federal agencies in their areas of responsibility; and (iv) conducting research and analysis in the general field of telecommunications sciences in support of assigned functions and in support of other Government agencies. (M) The authority to conduct studies and make recommendations concerning the impact of the convergence of computer and communications technology. (N) The authority to coordinate Federal telecommunications assistance to State and local governments. (O) The authority to conduct and coordinate economic and technical analyses of telecommunications policies, activities, and opportunities in support of assigned functions. (P) The authority to contract for studies and reports relating to any aspect of assigned functions. (Q) The authority to participate, as appropriate, in evaluating the capability of telecommunications resources, in recommending remedial actions, and in developing policy options. (R) The authority to participate with the National Security Council and the Director of the Office of Science and Technology Policy as they carry out their responsibilities under sections 4–1, 4–2, and 4–3 of Executive Order 12046, with respect to emergency functions, the national communication system, and telecommunications planning functions. (S) The authority to establish coordinating committees pursuant to section 10 of Executive Order 11556. (T) The authority to establish, as permitted by law, such interagency committees and working groups composed of representatives of interested agencies and consulting with such departments and agencies as may be necessary for the effective performance of assigned functions. (U) The responsibility to promote the best possible and most efficient use of electromagnetic spectrum resources across the Federal Government, subject to and consistent with the needs and missions of Federal agencies. (3) **Additional communications and information functions** — In addition to the functions described in paragraph (2), the Secretary under paragraph (1)— (A) may assign to the NTIA the performance of functions under section 504(a) of the Communications Satellite Act of 1962 ([47 U.S.C. 753(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section753/a&num=0&edition=prelim)); (B) shall assign to the NTIA the administration of the Public Telecommunications Facilities Program under sections 390 through 393 of this title, and the National Endowment for Children’s Educational Television under [section 394 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section394&num=0&edition=prelim); and (C) shall assign to the NTIA responsibility for providing for the establishment, and overseeing operation, of a second-level Internet domain within the United States country code domain in accordance with [section 941 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section941&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2246 — Definitions for chapter

As used in this chapter— (1) the term “prison” means a correctional, detention, or penal facility; (2) the term “sexual act” means— (A) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; (B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (C) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (D) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; (3) the term “sexual contact” means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; (4) the term “serious bodily injury” means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty; (5) the term “official detention” means— (A) detention by a Federal officer or employee, or under the direction of a Federal officer or employee, following arrest for an offense; following surrender in lieu of arrest for an offense; following a charge or conviction of an offense, or an allegation or finding of juvenile delinquency; following co

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 701 — Omitted

### Statutory Notes #### Codification Section, Pub. L. 87–624, title I, § 102, Aug. 31, 1962, 76 Stat. 419, which related to Congressional declaration of policy and purpose, ceased to be effective Apr. 15, 2005, pursuant to [section 765d(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section765d/4&num=0&edition=prelim). #### Short Title of 2003 Amendment Pub. L. 108–39, § 1, June 30, 2003, 117 Stat. 835, provided that: “This Act [amending [section 763 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section763&num=0&edition=prelim)] may be cited as the ‘ORBIT Technical Corrections Act of 2003’.” #### Short Title of 2000 Amendment Pub. L. 106–180, § 1, Mar. 17, 2000, 114 Stat. 48, provided that: “This Act [enacting subchapter VI of this chapter] may be cited as the ‘Open-market Reorganization for the Betterment of International Telecommunications Act’ or the ‘ORBIT Act’.” #### Short Title Pub. L. 87–624, title I, § 101, Aug. 31, 1962, 76 Stat. 419, provided that: “This Act [enacting this chapter] may be cited as the ‘Communications Satellite Act of 1962’.” Pub. L. 87–624, title V, § 501, as added by Pub. L. 95–564, Nov. 1, 1978, 92 Stat. 2392, provided that: “This title [enacting subchapter V of this chapter] may be cited as the ‘International Maritime Satellite Telecommunications Act’.” #### Stylistic Consistency Pub. L. 103–414, title III, § 303(f), Oct. 25, 1994, 108 Stat. 4296, provided that: “The Communications Act of 1934 [[47 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section151&num=0&edition=prelim) et seq.] and the Communications Satellite Act of 1962 [[47 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section70

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5 U.S.C. § 552 — Public information; agency rules, opinions, orders, records, and proceedings

**(a)** Each agency shall make available to the public information as follows: (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public— (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; (B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and (E) each amendment, revision, or repeal of the foregoing. Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register. (2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format— (A) final opinions, including concurring and dissen

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 941 — Child-friendly second-level Internet domain

**(a) Responsibilities** The NTIA shall require the registry selected to operate and maintain the United States country code Internet domain to establish, operate, and maintain a second-level domain within the United States country code domain that provides access only to material that is suitable for minors and not harmful to minors (in this section referred to as the “new domain”). **(b) Conditions of contracts** (1) **Initial registry** — The NTIA shall not exercise any option periods under any contract between the NTIA and the initial registry to operate and maintain the United States country code Internet domain unless the initial registry agrees, during the 90-day period beginning upon December 4, 2002, to carry out, and to operate the new domain in accordance with, the requirements under subsection (c). Nothing in this subsection shall be construed to prevent the initial registry of the United States country code Internet domain from participating in the NTIA’s process for selecting a successor registry or to prevent the NTIA from awarding, to the initial registry, the contract to be successor registry subject to the requirements of paragraph (2). (2) **Successor registries** — The NTIA shall not enter into any contract for operating and maintaining the United States country code Internet domain with any successor registry unless such registry enters into an agreement with the NTIA, during the 90-day period after selection of such registry, that provides for the registry to carry out, and the new domain to operate in accordance with, the requirements under subsection (c). **(c) Requirements of new domain** The registry and new domain shall be subject to the following requirements: (1) Written content standards for the new domain, except that the NTIA shall n

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18 U.S.C. § 2256 — Definitions for chapter

For the purposes of this chapter, the term— (1) “minor” means any person under the age of eighteen years; (2) (A) Except as provided in subparagraph (B), “sexually explicit conduct” means actual or simulated— (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (ii) bestiality; (iii) masturbation; (iv) sadistic or masochistic abuse; or (v) lascivious exhibition of the anus, genitals, or pubic area of any person; (B) For purposes of subsection 8(B) 11 So in original. Probably should be “(8)(B)”. of this section, “sexually explicit conduct” means— (i) graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited; (ii) graphic or lascivious simulated; (I) bestiality; (II) masturbation; or (III) sadistic or masochistic abuse; or (iii) graphic or simulated lascivious exhibition of the anus, genitals, or pubic area of any person; (3) “producing” means producing, directing, manufacturing, issuing, publishing, or advertising; (4) “organization” means a person other than an individual; (5) “visual depiction” includes undeveloped film and videotape, data stored on computer disk or by electronic means which is capable of conversion into a visual image, and data which is capable of conversion into a visual image that has been transmitted by any means, whether or not stored in a permanent format; (6) “computer” has the meaning given that term in [section 1030 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:

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18 U.S.C. § 1460 — Possession with intent to sell, and sale, of obscene matter on Federal property

**(a)** Whoever, either— (1) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States; or (2) in the Indian country as defined in [section 1151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1151&num=0&edition=prelim), knowingly sells or possesses with intent to sell an obscene visual depiction shall be punished by a fine in accordance with the provisions of this title or imprisoned for not more than 2 years, or both. **(b)** For the purposes of this section, the term “visual depiction” includes undeveloped film and videotape but does not include mere words.

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 305 — Government owned stations

**(a) Frequencies; compliance with regulations; stations on vessels** Radio stations belonging to and operated by the United States shall not be subject to the provisions of sections 301 and 303 of this title. All such Government stations shall use such frequencies as shall be assigned to each or to each class by the President. All such stations, except stations on board naval and other Government vessels while at sea or beyond the limits of the continental United States, when transmitting any radio communication or signal other than a communication or signal relating to Government business, shall conform to such rules and regulations designed to prevent interference with other radio stations and the rights of others as the Commission may prescribe. **(b) Call letters** All stations owned and operated by the United States, except mobile stations of the Army of the United States, and all other stations on land and sea, shall have special call letters designated by the Commission. **(c) Stations operated by foreign governments** The provisions of sections 301 and 303 of this title notwithstanding, the President may, provided he determines it to be consistent with and in the interest of national security, authorize a foreign government, under such terms and conditions as he may prescribe, to construct and operate at the seat of government of the United States a low-power radio station in the fixed service at or near the site of the embassy or legation of such foreign government for transmission of its messages to points outside the United States, but only (1) where he determines that the authorization would be consistent with the national interest of the United States and (2) where such foreign government has provided reciprocal privileges to the United States to constru

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47 U.S.C. § 923 — Identification of reallocable frequencies

**(a) Identification required** The Secretary shall, within 18 months after August 10, 1993, and within 6 months after August 5, 1997, prepare and submit to the President and the Congress a report identifying and recommending for reallocation bands of frequencies— (1) that are allocated on a primary basis for Federal Government use; (2) that are not required for the present or identifiable future needs of the Federal Government; (3) that can feasibly be made available, as of the date of submission of the report or at any time during the next 15 years, for use under the 1934 Act [[47 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section151&num=0&edition=prelim) et seq.] (other than for Federal Government stations under section 305 of the 1934 Act [[47 U.S.C. 305](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section305&num=0&edition=prelim)]); (4) the transfer of which (from Federal Government use) will not result in costs to the Federal Government, or losses of services or benefits to the public, that are excessive in relation to the benefits to the public that may be provided by non-Federal licensees; and (5) that are most likely to have the greatest potential for productive uses and public benefits under the 1934 Act [[47 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section151&num=0&edition=prelim) et seq.] if allocated for non-Federal use. **(b) Minimum amount of spectrum recommended** (1) **Initial reallocation report** — In accordance with the provisions of this section, the Secretary shall recommend for reallocation in the initial report required by subsection (a), for use other than by Federal Government stations under section 305 of the 1934 Act ([47 U.S.C. 305](

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47 U.S.C. § 394 — Establishment of National Endowment

**(a) Purpose** It is the purpose of this section to enhance the education of children through the creation and production of television programming specifically directed toward the development of fundamental intellectual skills. **(b) Establishment; contracts and grants** (1) There is established, under the direction of the Secretary, a National Endowment for Children’s Educational Television. In administering the National Endowment, the Secretary is authorized to— (A) contract with the Corporation for the production of educational television programming for children; and (B) make grants directly to persons proposing to create and produce educational television programming for children. The Secretary shall consult with the Advisory Council on Children’s Educational Television in the making of the grants or the awarding of contracts for the purpose of making the grants. (2) Contracts and grants under this section shall be made on the condition that the programming shall— (A) during the first two years after its production, be made available only to public television licensees and permittees and noncommercial television licensees and permittees; and (B) thereafter be made available to any commercial television licensee or permittee or cable television system operator, at a charge established by the Secretary that will assure the maximum practicable distribution of such programming, so long as such licensee, permittee, or operator does not interrupt the programming with commercial advertisements. The Secretary may, consistent with the purpose and provisions of this section, permit the programming to be distributed to persons using other media, establish conditions relating to such distribution, and apply those conditions to any contract or grant made un

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20 U.S.C. § 9161 — State plans

**(a) State plan required** (1) **In general** — In order to be eligible to receive a grant under this subchapter, a State library administrative agency shall submit a State plan to the Director once every 5 years, as determined by the Director. (2) **Duration** — The State plan shall cover a period of 5 fiscal years. (3) **Revisions** — If a State library administrative agency makes a substantive revision to its State plan, then the State library administrative agency shall submit to the Director an amendment to the State plan containing such revision not later than April 1 of the fiscal year preceding the fiscal year for which the amendment will be effective. **(b) Contents** The State plan shall— (1) establish goals, and specify priorities, for the State consistent with the purposes of this subchapter; (2) describe activities that are consistent with the goals and priorities established under paragraph (1), the purposes of this subchapter, and [section 9141 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9141&num=0&edition=prelim), that the State library administrative agency will carry out during such year using such grant; (3) describe the procedures that such agency will use to carry out the activities described in paragraph (2); (4) describe the methodology that such agency will use to evaluate the success of the activities established under paragraph (2) in achieving the goals and meeting the priorities described in paragraph (1); (5) describe the procedures that such agency will use to involve libraries and library users throughout the State in policy decisions regarding implementation of this subchapter; (6) describe how the State library administrative agency will work with other State agencies and offices

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