A-1 NTIA Authorizing Statute Sec. 902

Attachment A-1
Page 325

TITLE47-TELEGRAPHS,TELEPHONES, ANDRADIOTELEGRAPHS

(d) In the performance of its advisory duties, the
Committee shall conduct reviews and ABBessments of
the effectlveneBB of the implementation or PD/NS�.
National Security TelecommunlcatloDI! Policy.
(e) The Committee shall periodically report on mat­
ters In this Section to the President, through the Sec­
retary of Homeland Security, In hla capacity aa Execu­
tive Agent for the National CommunJcatlollll System.
SEC. 3. Administration. (a) The heads o! Executive
ageacles ehall, to tho extent permitted by law, provide
the Committee such Information with respect to na­
tional security telecommunJcatlollll matters as It may
require for the purpose of carrying out lta CUnctloDI!.
Information aupplied to the Committee ahall not, to
the extent permitted by law. be available for public In­
spection.
(b) Members of the Committee shall serve without
any compensation for their work on the Committee.
However, to the extent permitted by law, they shall be
entitled to travel expenses, Including per diem In lieu
or subsistence.
(o) Any expenses of the Committee shall, to the ex­
tent permitted by law, be paid from funds available to
the Secretary of Homeland Security.
SEC. 4. General. (a) Notwithstanding any other Execu­
tive Order, the fUnctloDI! or the President under the
Federal Advisory Committee Act, aa amended (5 U.S.C.
App.), except that of reporting annually to the Con­
greBB, which are applicable to the Committee, shall be
performed by the Secretary of Homeland Security, In
accord with guidelines and procedures established by
the Administrator or General Services.
(b) In accordance with the Federal Advisory Commit­
tee Act, as amended, the Committee shall terminate on
December 31, 1982, unleas sooner extended.
(Amendment by Ex. Ord. 13286 directing insertion or
"through the Secretary of Homeland Security," after
"the President," In section 2(b) of Ex. Ord. 12382, was
executed by Inserting ", through the Secretary or
Homeland Security," after "the President".]
EXTENSION OF TERM OF PRESIDENT'S NATIONAL SECUJUTY
TU.ECOMMUNICATIONS ADVISORY COMMITTEE

Tenn of the President's National Security Tele­
communlcatlollll Advisory Committee extended until
Dec. 31, 1983, by Ex. Ord. No. 12399, Doc. 31, 1982, 48 F.R.
379, formerly set out aa a note under section 14 of tho
Fodoral Advisory Committee Act In the Appendix to
Tltlo 5, Government Organization and Employees.
Tenn of the President's National Security Tele­
communications Advisory Committee extended until
Sopt. 30, 1985, by Ex. Ord. No. 12454, Dec. 29, 1983, 49 F.R.
343.
Term of the President's National Security Tele­
communlcatlona Advisory Committee extended until
Sept. 30, 1987, by Ex. Ord. No. 12534, Sept. 30, 1985, 50
F .R. 40319, Connerly set out as a note under section 14
of the Federal Advisory Committee Act In the Appen­
diX to Title 5.
Tenn of the President's National Security Tele­
communicatlone Advisory committee extended until
Sept. 30, 1989, by Ex. Ord. No. 12610, Sept. 30, 1987, 52
F.R. 36901, formerly set out as a note under 11ectlon 14
of the Federal Advisory Committee Act In the Appen­
dix to Title 5.
Term of the President's National Security Telc­
communlcatloDIJ Advi11ory Committee extended until
Sept. 30, 1991, by Ex. Ord. No. 12692, Sept. 29, 1989. 54
F.R. 40627, formerly set out as a note under section 14
of the Federal Advisory Committee Act In the Appen­
dix to Title 5.
Torm of tho President's National Security Tole­
communications Advisory Committee extended until
Sept. 30, 1993, by Ex. Ord. No. 12774, Sept. 27, 1991, 56
F.R. 49835, formerly sot out as a note under section 14
of the Federal Advisory Committee Act In the Appen­
dix to Title 5.
Torm of tho Prosldont·s National Security Tele­
communications Advisory Committee extended until
Sept. 30, 1995, by Ex. Ord. No. 12869, Sept. 30, 1993, 58

1902

F.R. 51751, formerly eet out as a note under section 14
of the Federal Advisory Committee Act In the Appen­
dix to Title 5.
Tenn of the President's National Security Tele­
communications Advisory Committee extended until
Sept. 30, 1997, by Ex. Ord. No. 12974, Sept. 29, 1995, 60
F.R. 51875, formerly set out as a note under section 14
or the Federal Advisory Committee Act In the Appen­
dix to Tl tle 5.
Term or the President's National Security Tele­
communications Advisory Committee extended until
Sept. 30, 1999, by Ex. Ord. No. 13062, Sept. 29, 1997, 6'.!
F.R. 51755, Connerly set out as a note under section 14
of the Federal Advisory Committee Act In the Appen­
dix to Title 5.
Tonn or tho President's National Security Tele­
communications Advisory Committee extended until
Sept. 30. 2001. by Ex. Ord. No. 13138. Sept. 30, 1999, 64
F.R. 53879, Connerly aet out aa a note under section 14
or the Federal Advisory Committee Act In the Appen­
dix to Title 5.
Tenn of the President's National Security Tele­
commuoicat!ollll Advisory Committee extended until
Sept. 30, 2003, by Ex. Ord. No. 13225, Sept. 28, 2001, 66
F.R. 50291, Connerly set out as a note under section 14
of the Federal Advisory Committee Act In the Appen­
dix to Title 5.
Term of the President's National Security Tele­
communications Advisory Committee extended unttl
Sept. 30, 2005, by Ex. Ord. No. 13316, Sept. 17, 2003, 68
F.R. 55255, formerly set out as a note under section 14
of the Federal Advisory Committee Act In the Appen­
dix to Title 6.
Tenn of the President's National Security Tele­
communications Advisory Committee extended until
Sept. 30, 2007, by Ex. Ord. No. 13385, Sept. 29, 2005, 70
F.R. 57989, rormorly set out as a note under section 14
of the Federal Advisory Committee Act In the Appen­
dix to Title 5.
Tenn of the President's National Security Tele­
communications Advisory Committee extended until
Sept. 30, 2009. by Ex. Ord. No. 13446, Sept. 28, 2.007, 72
F.R. 56175, formerly set out aa a note under eectlon 14
or the Federal Advisory Committee Act In the Appen­
dix to Title 5.
Term or the President's National Security Tele­
communications Advisory Committee extended until
Sept. 30, 2011, by Ex. Ord. No. 13511. Sept. 29, 2009, 74
F.R. 50909, formerly set out as a note under section 14
of the Federal Advisory Committee Act In the Appen­
dix to Title 6.
Tenn of the President's Nation&! Security Tele­
communications Advisory Committee extended until
Sept. 30, 2013, by Ex. Ord. No. 13585, Sept. 30, 2011, 76
F.R. 62281, set out as a note under aoctlon 14 or tho Fed­
eral Advisory Committee Act in the Appendix to Title
5.
§ 902. Establishment; usigned functions

(a) Establishment
(1) Administration
There shall be within the Department of
Commerce an administration to be known as
the National Telecommunications and Infor­
mation Administration.
(2) Bead 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 con­
sent of the Senate.
(b) Assigned functions
(1) In general
Subject to section 904(d) of this title, the
Secretary shall assign to the Assistant Sec-

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TITLE 47-TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

retary and the NTIA responsibility for the per­
formance of the Secretary's communications
and Information functions.
(2) Communications and information functions
Subject to section 904(d) of this title, the
functions to be assigned by the Secretary
under paragraph (1) include (but are not lim�
ited to) the following functions transferred to
the Secretary by Reorganization Plan Number
1 of 1977 and Executive Order 12046:
(Al The authority delegated by the Presi­
dent 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 dis­
position of appeals from frequency assign­
ments.
(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 recommenda­
tion of the Secretary of State and after con�
sultatton with the Attorney General and the
Chairman of the Commission.
(C) Functions relating to the communica­
tions satellite system, Including authority
vested in the President by section 20l(a) of
the Communications Satellite Act of 1962 (47
U.S.C. 72l(a)) and delegated to the Secretary
under Executive Order 12046, to(1) aid In the planning and development
of the commercial communications sat­
ellite system and the execution of a na­
tional program for the operation of such a
system;
(il) conduct a continuous review of all
phases of the development and operation
of such system, including the activities of
the Corporation;
(ill) coordinate, In consultation with the
Secretary of State, the activities of gov­
ernmental agencies with responsibilities in
the field of telecommunications, so as to
ensure that there ts full and effective com­
pliance at all times with the policies set
forth in the Communications Satellite Act
of 1962 (47 U.S.C. 701 et seq.];
(iv) make recommendations to the Presi­
dent and others as appropriate, with re­
spect to steps necessary to ensure the
availability and appropriate utilization of
the communications satellite system for
general governmental purposes in con­
sonance with section 20l(a)(6) of the Com­
munications Satellite Act of 1962 (47 U.S.C.
72l(a)(6)); 1
(v) help attain coordinated and efficient
use of the electromagnetic spectrum and
the technical compatibility of the commu­
nications satelllte system with existing
communications facilities both in the
United States and abroad;
(vi) assist In the preparation of Presi­
dential action documents for consideration
by the President as may be appropriate
under section 20l(a) of the Communical See References In Text note below.

Page 326

tions Satellite Act of 1962 (47 U.S.C. 72l(a)),
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 et seq.);
and
(vii) serve e.s the chief point of llaison
between the President and the Corpora­
tion.
(D) The authority to serve as the Presi­
dent's principal adviser on telecommunica­
tions policies pertaining to the Nation's eco­
nomic and technological advancement and
to the regulation of the telecommunications
industry.
(E) The authority to advise the Director of
the Ofctce or Management and Budget on the
development of policies relating to the pro­
curement and management of Federal tele­
communications 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 tele­
communications systems and advising agen­
cies of the results of such studies and eval­
uations.
(G) Functions which involve-(!) developing and setting forth, in co�
ordination with the Secretary of State and
other interested agencies, plans, policies.
and programs which relate to Inter­
national telecommunications issues, con­
ferences. and negotiations;
(11) coordinating economic, technical,
operational, and related preparations for
United States participation in int�r­
national telecommunications conferences
and negotiations; and
(Iii) providing advice and assistance to
the Secretary of State on international
telecommunications poUcies to strengthen
the position and serve the best interests of
the United States in support of the Sec­
retary of State's responsibility for the
conduct of foreign affairs.
CH) The authority to provide for the co­
ordination of the telecommunications ac­
tivities of the executive branch and assist In
the formulation of policies and standards for
those activities, including (but not limited
to) considerations of interoperability, pri­
vacy, security, spectrum use, and emergency
readiness.
(I) The authority to develop and set forth
telecommunications policies pertaining to
the Nation's economic and technological ad­
vancement and to the regulation of the tele­
communications Industry.
(J) The responsibility to ensure that the
views of the executive branch on tele­
communications matters are effectively pre­
sented to the Commission and, in coordina­
tion with the Director of the Office of Man­
agement 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.

Page 327

TITLE 47-TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

(L) Functions which involve(l) developing, In cooperation with the
Commission, a comprehensive long-range
plan for improved management of all elec­
tromagnetic spectrum resources;
(lil performing analysis, engineering,
and administrative functions, Including
the maintenance of necessary files and
data bases, as necessary for the perform­
ance of assigned functions for the manage­
ment of electromagnetic spectrum re­
sources;
(111) conducting research and analysis of
electromagnetic propagation, radio sys­
tems characteristics, and operating tech­
niques affecting the utiUzatlon of the elec­
tromagnetic spectrum In coordination
with specialized, related research and
analysis performed by other Federal agen­
cies In their areas of responslbllity; and
(iv) conducting research and analysis In
the general field of telecommunications
sciences in support of assigned functions
and in support of other Government agen­
cies.
(M) The authority to conduct studies and
make recommendations concerning the im­
pact of the convergence of computer and
communications technology.
(N) The authority to coordinate Federal
telecommunications assistance to State and
local governments.
(Ol The authority to conduct and coordi­
nate economic and technical analyses of
telecommunications policies, activities, and
opportunities In support of assigned func­
tions.
(P) The authority to contract for studies
and reports relating to any aspect of as­
signed functions.
(Q) The authority to participate, as appro­
priate, in evaluating the capabiUty of tele­
communications resources, in recommend­
Ing remedial actions, and in developing pol­
Icy options.
(R) The authority to participate with the
National Security Connell and the Director
of the Office of Science and Technology Pol­
Icy as they carry out their responsib111tles
under sections 4-1, 4-2, and 4--3 of Executive
Order 12046, with respect to emergency func­
tions, the national communication system,
and telecommunications planning functions.
(S) The authority to establish coordi­
nating committees pursuant to section 10 of
Executive Order 11556.
(T) The authority to establish, as per­
mitted by law, such interagency committees
and working groups composed of representa­
tives of interested agencies and consulting
with such departments and agencies as may
be necessary for the effective performance of
assigned functions.
(3) Additional communications and informa­
tion functions
In addition to the functions described In
paragraph (2), the Secretary under paragraph
(1)(A) may assign to the NTIA the perform­
ance of functions under section 504(a) of the

1902

Communications Satel11te Act of 1962 (47
U.S.C. 753(a));
(B) shall assign to the NTIA the adminis­
tration of the Public Telecommunications
Facllitles Program under sections 390
through 393 of this title, and the National
Endowment for Children's Educational Tele­
vision under section 394 of this title; and
(C) shall assign to the NTIA responsib1lity
for providing for the establishment, and
overseeing operation, of a second-level Inter­
net domain within the United States coun­
try code domain in accordance with section
941 of this title.
(Pub. L. 102-6311, title I, §103, Oct. '1:1, 1992, 106
Stat. 3534; Pub. L. 107--317, §3, Dec. 4, 2002, 116
Stat. '1:167 .)
REFERENCES IN TExT

Reorganization Plan Numbor 1 or 1977, roforrod to In
eubsoc. (b)(2), le set out In the Appendix to Title 5, Gov­
ernment Organization and Employees.
Executive Order 1�. referred to In subsec. (b)(2), Is
set out as a note under section 305 of this title.
The Communications Sato111te Act or 1962, referred to
in subeec. (b)(2)(C)(lll), (vi), is Pub. L. B7-€Z4, Aug. 31,
1962, 76 Stat. 419, as amended, which le claestned gener­
ally to chapter 6 (1701 et seq.) oC this title. For com­
plete cllllllllOcatlon or this Act to the Code, eeo Short
Title note set out under section 701 of this title and
Tables.
Section 201(a)(6) or the Communications Satellite Act
or 1962, referred to In aubaec. (bl(2l(Cl(lv), was classified
to section 72l(a)(6) or this title and was omitted from
the Code.
Executive Order 11556, referred to In eubaec. (b)(2)(S),
which was Connerly set out as a. note under section 305
of this title was revoked by Ex. Ord. No. 12046, set out
as a note under eectlon 305 of this title. Section 10 of
Ex. Ord. No. 11656 related to advisory committees es­
tablished by the Director or the former omce or Tele­
communications Polley.
AMENDMENTS

2002-Subsec. (b)(3)(C). Pub. L. 1117-317 added subpar.

(C).

PILOT PROGRAM FOR DIGITAL AND WIRELESS NETWORKS
FOR ONLINE EDUCATIONAL PROGRAMS OP STUDY

Pub. L. 110-161, div. B, title V, §536, Doc. 26, 2007. 121
Stat. 1932, as amended by Pub. L. 110-315, title IX,
194l(k)(2)(N). Aug. 14, 2008, 122 Stat. 3168, provided that:
"This section may be cited as the 'ED 1.0 Act'.
"(a) In this section:
'"(l) The term 'Administrator' meane the Admin­
istrator of the National Telecommunications and
Informatlon Administration.
"(2) The term 'eligible educational llllltltutlon'
means an Institution that 1&"(A) a historically Black college or university;
"(B) a Hispanic-serving institution as that term
ls denned In section 502(a)(5) or the Higher Edu­
cation Act or 1965 (20 U.S.C. 110la(a)(6));
"(Cl a tribally controlled college or university
as that term Is denned In section 2(aJ(4) of the
Tribally Controlled Colleges and Universities As­
sistance Act or 1978 (25 U.S.C. 180l(al(4));
"(D) an Alaska Native.serving ln&tltution as
that term Is defined In section 317(b)(2) of the
Higher Education Act or 1965 (20 u.s.c.
1059d(bl(2J); or
"(E) a Native Hawaiian-serving Institution as
that term Is defined In section 317(b)(4) of the
Higher Education Act or 1965 (20 U.S.C.
1059d(b)(4J).
"(3) The term 'historically Black college or uni•
versltY' means a part B Institution as that term ta

1903

TITLE 47-TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

defined in section 322<2> of the Higher Educatlon
Act of 1965 (20 U.S.C. 1061(2)).
"(b) There ts established within the National
Telecommunicatlons and Information Administra­
tion a pilot program under which the Administrator
shall a.ward 9 grants to eligible educational Institu­
tions to enable the eligible educattona.l tnstttutlons
to develop digital and wireless networks for onltne
educational programs of study within the eligible
educational Institutions. The Administrator shall
award not less than 1 grant to each type of eligible
educational Institution, enumerated under subsection
(a)(2).
"(Bl(!) The Administrator shall award a total of 9
grants under this subsection.
"(ill Tho Administrator shall make grant payments
under this subsection in the amount of $500,000.
"(2)(A) In awarding grants under this subsection
the Administrator shall give priority to an cltglblo
educational Institution that, according to the most
recent dat.a available (including data available from
the Bureau of the Census). serves a county, or other
appropriate political subdivision where no counties
ei:iat"(I) in which 50 percent of tho residents of the
county, or other appropriate political subdivision
where no counties exist, are members or a racial or
ethnic minority:
''(Ii) In which leM than 18 percent of the residents
or the county. or other appropriate political sub­
division where no counties ei:ist, have obtained a
baccalaureate degree or a higher education;
''(1111 that has an unemployment rate of 7 percent
or greater;
"(iv) In which 20 percent or more or the residents
of the county. or other appropriate political sub­
division where no counties exist. live In poverty;
"(v) that h&S a negative population growth rate;
or
"(vi) that has a family Income of not more than
$32,000.
"(B) In awarding grants under this subsection the
Administrator shall give the highest priority to an
eligible educational Institution that meots the great­
est number of req1Urements described In clauses (!)
through (vi) of subparagraph (A).
"(3) An eligible educational Institution receiving a
grant under this subsection may use the grant
rund11"(A) to acquire equipment, instrumentation, net­
working capability, hardware, software, digital net­
work technology, wireless technology, or wireless
infl'a8tructure;
"(Bl to develop and provide educational services,
Including faculty development; or
"(C) to develop strategic plans for Information
technology Investments.
"(4) The Administrator shall not require an eligible
educational institution to provide matching funds for
a grant awarded under this subsection.
"(5)(A) The Administrator shall consult with the
Committee on Appropriations and the Committee on
Commerce, Science, and Transportation of the Sen­
ate IUld the Committee on Appropriations and the
Committee on Energy and Commerce of the House of
Repreaentatlves, on a quarterly basis regarding the
pilot program assisted under this subsection.
"(Bl Not later than l year after the date or enact­
ment of this section [Dec. 26, 2007], the Administrator
shall submit to the committees described In subpara•
graph (A) a report evaluating the progrellll of the pilot
program a1111!11ted under this subsection.
"(c) There are authorized to be appropriated to
carry out this section $4,500.000 for each or fiscal
yeara 2008 and 2009.
"(d) The Administrator shall carry out this section
only with amounts appropriated In advance specif!�
cally to carry out this section."
STUDY OF TECHNOLOGY PROTECI'ION MEASURES
Pub. L. 106-554, §l(a)(4l [div. B, title xvn. §1703], Dec.
21, 2000, 114 Stat. 2763. 2763A-336, provided that:

Page 328

"(a) IN GENERAL.-Not later than 18 months after the
date or the enactment of this Act [Dec. 21, 2000], the Na­
tional Telecommunications and Information Adminis­
tration shall Initiate a notice and comment proceeding
for purposes of"( 1) evaluating whether or not currently available
technology protection me1U1ures, including commer­
cial Internet blocking and filtering software, ade­
quately addresses the needs of educational Institu­
tions;
"(2) making recommendations on how to foster the
development of measures that meet such needs; and
"(3) evaluating the development and effectiveness
or local Internet safety policies that are currently In
operation after community Input.
"(b) DEFINITIONS.-ln this section:
"(l) TEcHNOLOOY PROTECTlON MEASURE.-The term
'technology protection me1U1ure' means a specific
technology that blocks or filters Internet access to
visual depictions that are''(A) obscene, as that term Is defined in section
1'160 of title 18. United States Code;
"(Bl child pornography, B8 that term Is defined In
section 2256 of title 18, United States Code; or
"(Cl harmful to minors.
"(2) HARMFUL TO MINORS.-Tbe term 'harmful to mi­
nors' means any picture, Image, graphic Image rue,
or other visual depletion that"(A) taken as a whole and with respect to minors,
appeals to a prurient Interest In nudity, sex, or ei:­
crotlon;
"(B) deplete, describes, or represents, in a pat­
ently offensive way with respect to what Is suitable
for minors, an actual or simulated sexual act or
sexual contact, actual or simulated normal or per­
verted sexual acts, or a lewd exhibition of the geni­
tals: and
"(Cl taken as a whole, lacks serious literary, ar�
tlstlc, political, or scientific value as to minors.
"(3) SEXUAL ACT; SEXUAL CONTACT.-Tbe terms 'SeJ:­
ual act' and '11exual contact' have the meanings given
such terms in section 2246 of title 18, United States
Code."
I DOS, Spectrum management activities
(a) Revision of regulations
Within 180 days after October 27, 1992, the Sec­
retary of Commerce and the NTIA shall amend
the Department of Commerce spectrum manage­
ment document entitled "Manual of Regulations
and Procedures for Federal Radio Frequency
Management" to improve Federal spectrum
management activities and shall publish in the
Federal Register any changes in the regulations
in such document.
(b) Requirements for revisions
The amendments required by subsection (a) of
this section shall(1) provide for a period at the beginning of
each meeting or the Interdepartmental Radio
Advisory Committee to be open to the public
to make presentations and receive advice, and
provide the public with other meaningful op­
portunities to make presentations and receive
advice;
(2) Include provisions that w111 require (A)
publication in the Federal Register of major
policy proposals that are not classified and
that involve spectrum management, and (B)
adequate opportunity for public review and
comment on those proposals;
(3) include provisions that will require publi­
cation in the Federal Register of major policy
decisions that are not classified and that in­
volve spectrum management;