§ 901. —  Definitions; findings; policy.


[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 47USC901]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
  CHAPTER 8--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
 
                SUBCHAPTER I--ORGANIZATION AND FUNCTIONS
 
Sec. 901. Definitions; findings; policy


(a) Definitions

    In this chapter, the following definitions apply:
        (1) The term ``NTIA'' means the National Telecommunications and 
    Information Administration.
        (2) The term ``Assistant Secretary'' means the Assistant 
    Secretary for Communications and Information.
        (3) The term ``Secretary'' means the Secretary of Commerce.
        (4) The term ``Commission'' means the Federal Communications 
    Commission.
        (5) The term ``Corporation'' means the Communications Satellite 
    Corporation authorized in title III of the Communications Satellite 
    Act of 1962 (47 U.S.C. 731 et seq.).

(b) Findings

    The Congress finds the following:
        (1) Telecommunications and information are vital to the public 
    welfare, national security, and competitiveness of the United 
    States.
        (2) Rapid technological advances being made in the 
    telecommunications and information fields make it imperative that 
    the United States maintain effective national and international 
    policies and programs capable of taking advantage of continued 
    advancements.
        (3) Telecommunications and information policies and 
    recommendations advancing the strategic interests and the 
    international competitiveness of the United States are essential 
    aspects of the Nation's involvement in international commerce.
        (4) There is a critical need for competent and effective 
    telecommunications and information research and analysis and 
    national and international policy development, advice, and advocacy 
    by the executive branch of the Federal Government.
        (5) As one of the largest users of the Nation's 
    telecommunications facilities and resources, the Federal Government 
    must manage its radio spectrum use and other internal communications 
    operations in the most efficient and effective manner possible.
        (6) It is in the national interest to codify the authority of 
    the National Telecommunications and Information Administration, an 
    agency in the Department of Commerce, as the executive branch agency 
    principally responsible for advising the President on 
    telecommunications and information policies, and for carrying out 
    the related functions it currently performs, as reflected in 
    Executive Order 12046.

(c) Policy

    The NTIA shall seek to advance the following policies:
        (1) Promoting the benefits of technological development in the 
    United States for all users of telecommunications and information 
    facilities.
        (2) Fostering national safety and security, economic prosperity, 
    and the delivery of critical social services through 
    telecommunications.
        (3) Facilitating and contributing to the full development of 
    competition, efficiency, and the free flow of commerce in domestic 
    and international telecommunications markets.
        (4) Fostering full and efficient use of telecommunications 
    resources, including effective use of the radio spectrum by the 
    Federal Government, in a manner which encourages the most beneficial 
    uses thereof in the public interest.
        (5) Furthering scientific knowledge about telecommunications and 
    information.

(Pub. L. 102-538, title I, Sec. 102, Oct. 27, 1992, 106 Stat. 3533.)

                       References in Text

    This chapter, referred to in subsec. (a), was in the original, 
``this title'', meaning title I of Pub. L. 102-538, Oct. 27, 1992, 106 
Stat. 3533, which is classified principally to this chapter. For 
complete classification of this Act to the Code, see Short Title note 
below and Tables.
    The Communications Satellite Act of 1962, referred to in subsec. 
(a)(5), is Pub. L. 87-624, Aug. 31, 1962, 76 Stat. 419, as amended. 
Title III of the Act is classified generally to subchapter III (Sec. 731 
et seq.) of chapter 6 of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 701 of this 
title and Tables.
    Executive Order 12046, referred to in subsec. (b)(6), is set out as 
a note under section 305 of this title.


                      Short Title of 2002 Amendment

    Pub. L. 107-317, Sec. 1, Dec. 4, 2002, 116 Stat. 2766, provided 
that: ``This Act [enacting subchapter III of this chapter, amending 
section 902 of this title, and enacting provisions set out as a note 
under section 941 of this title] may be cited as the `Dot Kids 
Implementation and Efficiency Act of 2002'.''


                               Short Title

    Section 101 of title I of Pub. L. 102-538 provided that: ``This 
title [enacting this chapter, amending section 394 of this title, and 
enacting provisions set out as a note under section 254r of Title 42, 
The Public Health and Welfare] may be cited as the `National 
Telecommunications and Information Administration Organization Act'.''

  Ex. Ord. No. 12382. President's National Security Telecommunications 
                           Advisory Committee

    Ex. Ord. No. 12382, Sept. 13, 1982, 47 F.R. 40531, as amended by Ex. 
Ord. No. 13286, Feb. 28, 2003, 68 F.R. 10628, provided:
    By the authority vested in me as President by the Constitution of 
the United States of America, and in order to establish, in accordance 
with the provisions of the Federal Advisory Committee Act, as amended (5 
U.S.C. App.), an advisory committee on National Security 
Telecommunications, it is hereby ordered as follows:
    Section 1. Establishment. (a) There is established the President's 
National Security Telecommunications Advisory Committee which shall be 
composed of no more than 30 members. These members shall have particular 
knowledge and expertise in the field of telecommunications and represent 
elements of the Nation's telecommunications industry. Members of the 
Committee shall be appointed by the President.
    (b) The President shall annually designate a Chairman and a Vice 
Chairman from among the members of the Committee.
    (c) To assist the Committee in carrying out its functions, the 
Committee may establish appropriate subcommittees or working groups 
composed, in whole or in part, of individuals who are not members of the 
Committee.
    Sec. 2. Functions. (a) The Committee shall provide to the President, 
through the Secretary of Homeland Security, among other things, 
information and advice from the perspective of the telecommunications 
industry with respect to the implementation of Presidential Directive 53 
(PD/NSC-53), National Security Telecommunications Policy.
    (b) The Committee shall provide information and advice to the 
President, through the Secretary of Homeland Security, regarding the 
feasibility of implementing specific measures to improve the 
telecommunications aspects of our national security posture.
    (c) The Committee shall provide technical information and advice in 
the identification and solution of problems which the Committee 
considers will affect national security telecommunications capability.
    (d) In the performance of its advisory duties, the Committee shall 
conduct reviews and assessments of the effectiveness of the 
implementation of PD/NSC-53, National Security Telecommunications 
Policy.
    (e) The Committee shall periodically report on matters in this 
Section to the President, through the Secretary of Homeland Security, in 
his capacity as Executive Agent for the National Communications System.
    Sec. 3. Administration. (a) The heads of Executive agencies shall, 
to the extent permitted by law, provide the Committee such information 
with respect to national security telecommunications matters as it may 
require for the purpose of carrying out its functions. Information 
supplied to the Committee shall not, to the extent permitted by law, be 
available for public inspection.
    (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 of subsistence.
    (c) Any expenses of the Committee shall, to the extent permitted by 
law, be paid from funds available to the Secretary of Homeland Security.
    Sec. 4.  General. (a) Notwithstanding any other Executive Order, the 
functions of the President under the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), except that of reporting annually to the 
Congress, 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 of General Services.
    (b) In accordance with the Federal Advisory Committee Act, as 
amended, the Committee shall terminate on December 31, 1982, unless 
sooner extended.
    [Amendment by Ex. Ord. 13286 directing insertion of ``through the 
Secretary of Homeland Security,'' after ``the President,'' in section 
2(b) of Ex. Ord. 12382, was executed by inserting ``, through the 
Secretary of Homeland Security,'' after ``the President''.]

 Extension of Term of President's National Security Telecommunications 
                           Advisory Committee

    Term of the President's National Security Telecommunications 
Advisory Committee extended until Dec. 31, 1983, by Ex. Ord. No. 12399, 
Dec. 31, 1982, 48 F.R. 379, formerly set out as a note under section 14 
of the Federal Advisory Committee Act in the Appendix to Title 5, 
Government Organization and Employees.
    Term of the President's National Security Telecommunications 
Advisory Committee extended until Sept. 30, 1985, by Ex. Ord. No. 12454, 
Dec. 29, 1983, 49 F.R. 343.
    Term of the President's National Security Telecommunications 
Advisory Committee extended until Sept. 30, 1987, by Ex. Ord. No. 12534, 
Sept. 30, 1985, 50 F.R. 40319, formerly set out as a note under section 
14 of the Federal Advisory Committee Act in the Appendix to Title 5.
    Term of the President's National Security Telecommunications 
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 section 
14 of the Federal Advisory Committee Act in the Appendix to Title 5.
    Term of the President's National Security Telecommunications 
Advisory 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 Appendix to Title 5.
    Term of the President's National Security Telecommunications 
Advisory Committee extended until Sept. 30, 1993, by Ex. Ord. No. 12774, 
Sept. 27, 1991, 56 F.R. 49835, formerly set out as a note under section 
14 of the Federal Advisory Committee Act in the Appendix to Title 5.
    Term of the President's National Security Telecommunications 
Advisory Committee extended until Sept. 30, 1995, by Ex. Ord. No. 12869, 
Sept. 30, 1993, 58 F.R. 51751, formerly set out as a note under section 
14 of the Federal Advisory Committee Act in the Appendix to Title 5.
    Term of the President's National Security Telecommunications 
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 of the Federal Advisory Committee Act in the Appendix to Title 5.
    Term of the President's National Security Telecommunications 
Advisory Committee extended until Sept. 30, 1999, by Ex. Ord. No. 13062, 
Sept. 29, 1997, 62 F.R. 51755, formerly set out as a note under section 
14 of the Federal Advisory Committee Act in the Appendix to Title 5.
    Term of the President's National Security Telecommunications 
Advisory Committee extended until Sept. 30, 2001, by Ex. Ord. No. 13138, 
Sept. 30, 1999, 64 F.R. 53879, formerly set out as a note under section 
14 of the Federal Advisory Committee Act in the Appendix to Title 5.
    Term of the President's National Security Telecommunications 
Advisory Committee extended until Sept. 30, 2003, by Ex. Ord. No. 13225, 
Sept. 28, 2001, 66 F.R. 50291, set out as a note under section 14 of the 
Federal Advisory Committee Act in the Appendix to Title 5.






























chanrobles.com





ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com