
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC305]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
          SUBCHAPTER III--SPECIAL PROVISIONS RELATING TO RADIO
 
                       Part I--General Provisions
 
Sec. 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 construct and 
operate radio stations within territories subject to its jurisdiction. 
Foreign government stations authorized pursuant to the provisions of 
this subsection shall conform to such rules and regulations as the 
President may prescribe. The authorization of such stations, and the 
renewal, modification, suspension, revocation, or other termination of 
such authority shall be in accordance with such procedures as may be 
established by the President and shall not be subject to the other 
provisions of this chapter or of subchapter II of chapter 5, and chapter 
7, of title 5.

(June 19, 1934, ch. 652, title III, Sec. 305, 48 Stat. 1083; Pub. L. 87-
795, Oct. 11, 1962, 76 Stat. 903; Pub. L. 97-31, Sec. 12(150), Aug. 6, 
1981, 95 Stat. 167; Pub. L. 104-104, title IV, Sec. 403(h)(1), Feb. 8, 
1996, 110 Stat. 131.)

                          Codification

    In subsec. (c), ``subchapter II of chapter 5, and chapter 7, of 
title 5'' substituted for ``the Administrative Procedure Act'' on 
authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the 
first section of which enacted Title 5, Government Organization and 
Employees.


                               Amendments

    1996--Subsecs. (b) to (d). Pub. L. 104-104 redesignated subsecs. (c) 
and (d) as (b) and (c), respectively, and struck out former subsec. (b) 
which read as follows: ``Radio stations on board vessels of the Maritime 
Administration of the Department of Transportation or the Inland and 
Coastwise Waterways Service shall be subject to the provisions of this 
subchapter.''
    1981--Subsec. (b). Pub. L. 97-31 substituted ``Maritime 
Administration of the Department of Transportation'' for ``United States 
Shipping Board Bureau or the United States Shipping Board Merchant Fleet 
Corporation''. For prior transfers of functions, see Transfer of 
Functions note set out below.
    1962--Subsec. (d). Pub. L. 87-795 added subsec. (d).

                          Transfer of Functions

    For transfer of functions of United States Shipping Board Bureau and 
United States Shipping Board Merchant Fleet Corporation, see Ex. Ord. 
No. 6166, set out under section 901 of Title 5, Government Organization 
and Employees, act June 29, 1936, ch. 858, title II, Secs. 203, 204, 
title IX, Sec. 904, 49 Stat. 1987, 2016, and Reorg. Plan No. 6 of 1949, 
Reorg. Plan No. 21 of 1950, and Reorg. Plan No. 7 of 1961, set out in 
the Appendix to Title 5.


                    REORGANIZATION PLAN NO. 1 OF 1970

         Eff. Apr. 20, 1970, 35 F.R. 6421, 84 Stat. 2083

Prepared by the President and Transmitted to the Senate and the House of 
    Representatives in Congress Assembled, February 9, 1970, Pursuant to 
    the Provisions of Chapter 9 of Title 5 of the United States Code.

               OFFICE OF TELECOMMUNICATIONS POLICY


                    Section 1. Transfer of Functions

    The functions relating to assigning frequencies to radio stations 
belonging to and operated by the United States, or to classes thereof, 
conferred upon the President by the provisions of section 305(a) of the 
Communications Act of 1934, 47 U.S.C. 305(a), are hereby transferred to 
the Director of the Office of Telecommunications Policy hereinafter 
provided for.


                     Sec. 2. Establishment of Office

    There is hereby established in the Executive Office of the President 
the Office of Telecommunications Policy, hereinafter referred to as the 
Office.


                       Sec. 3. Director and Deputy

    (a) There shall be at the head of the Office the Director of the 
Office of Telecommunications Policy, hereinafter referred to as the 
Director. The Director shall be appointed by the President by and with 
the advice and consent of the Senate and shall be compensated at the 
rate now or hereafter provided for Level III of the Executive Schedule 
Pay Rates (5 U.S.C. 5314).
    (b) There shall be in the Office a Deputy Director of the Office of 
Telecommunications Policy who shall be appointed by the President by and 
with the advice and consent of the Senate and shall be compensated at 
the rate now or hereafter provided for Level IV of the Executive 
Schedule Pay Rates (5 U.S.C. 5315). The Deputy Director shall perform 
such functions as the Director may from time to time prescribe and, 
unless the President shall designate another person to so act, shall act 
as Director during the absence or disability of the Director or in the 
event of vacancy in the office of Director.
    (c) No person shall while holding office as Director or Deputy 
Director engage in any other business, vocation, or employment.


              Sec. 4. Performance of Functions of Director

    (a) The Director may appoint employees necessary for the work of the 
Office under the classified civil service and fix their compensation in 
accordance with the classification laws.
    (b) The Director may from time to time make such provisions as he 
shall deem appropriate authorizing the performance of any function 
transferred to him hereunder by any other officer, or by any 
organizational entity or employee, of the Office.


                       Sec. 5. Abolition of Office

    That office of Assistant Director of the Office of Emergency 
Preparedness held by the Director of Telecommunications Management under 
Executive Order No. 10995 of February 16, 1962, as amended, is 
abolished. The Director of the Office of Emergency Preparedness shall 
make such provisions as he may deem to be necessary with respect to 
winding up any outstanding affairs of the office abolished by the 
foregoing provisions of this section.


                      Sec. 6. Incidental Transfers

    (a) So much of the personnel, property, records, and unexpended 
balances of appropriations, allocations, and other funds employed, held, 
or used by, or available or to be made available to, the Office of 
Emergency Preparedness in connection with functions affected by the 
provisions of this reorganization plan as the Director of the Bureau of 
the Budget shall determine shall be transferred to the Office of 
Telecommunications Policy at such time or times as he shall direct.
    (b) Such further measures and dispositions as the Director of the 
Bureau of the Budget shall deem to be necessary in order to effectuate 
the transfers provided for in subsection (a) of this section shall be 
carried out in such manner as he shall direct and by such agencies as he 
shall designate.


                        Sec. 7. Interim Director

    The President may authorize any person who immediately prior to the 
effective date of this reorganization plan holds a position in the 
Executive Office of the President to act as Director of the Office of 
Telecommunications Policy until the office of Director is for the first 
time filled pursuant to the provisions of section 3 of this 
reorganization plan or by recess appointment, as the case may be. The 
President may authorize any person who serves in an acting capacity 
under the foregoing provisions of this section to receive the 
compensation attached to the office of Director. Such compensation, if 
authorized, shall be in lieu of, but not in addition to, other 
compensation from the United States to which such person may be 
entitled.
    [The Office of Telecommunications Policy was abolished and its 
functions transferred to the President and the Secretary of Commerce by 
secs. 3 and 5 of Reorg. Plan No. 1 of 1977, set out in the Appendix to 
Title 5, Government Organization and Employees.]


                        Message of the President

To the Congress of the United States:
    We live in a time when the technology of telecommunications is 
undergoing rapid change which will dramatically affect the whole of our 
society. It has long been recognized that the executive branch of the 
Federal government should be better equipped to deal with the issues 
which arise from telecommunications growth. As the largest single user 
of the nation's telecommunications facilities, the Federal government 
must also manage its internal communications operations in the most 
effective manner possible.
    Accordingly, I am today transmitting to the Congress Reorganization 
Plan No. 1 of 1970, prepared in accordance with chapter 9 of title 5 of 
the United States Code.
    That plan would establish a new Office of Telecommunications Policy 
in the Executive Office of the President. The new unit would be headed 
by a Director and a Deputy Director who would be appointed by the 
President with the advice and consent of the Senate. The existing office 
held by the Director of Telecommunications Management in the Office of 
Emergency Preparedness would be abolished.
    In addition to the functions which are transferred to it by the 
reorganization plan, the new Office would perform certain other duties 
which I intend to assign to it by Executive order as soon as the 
reorganization plan takes effect. That order would delegate to the new 
Office essentially those functions which are now assigned to the 
Director of Telecommunications Management. The Office of 
Telecommunications Policy would be assisted in its research and analysis 
responsibilities by the agencies and departments of the Executive Branch 
including another new office, located in the Department of Commerce.
    The new Office of Telecommunications Policy would play three 
essential roles:
    1. It would serve as the President's principal adviser on 
telecommunications policy, helping to formulate government policies 
concerning a wide range of domestic and international telecommunications 
issues and helping to develop plans and programs which take full 
advantage of the nation's technological capabilities. The speed of 
economic and technological advance in our time means that new questions 
concerning communications are constantly arising, questions on which the 
government must be well informed and well advised. The new Office will 
enable the President and all government officials to share more fully in 
the experience, the insights, and the forecasts of government and non-
government experts.
    2. The Office of Telecommunications Policy would help formulate 
policies and coordinate operations for the Federal government's own vast 
communications systems. It would, for example, set guidelines for the 
various departments and agencies concerning their communications 
equipment and services. It would regularly review the ability of 
government communications systems to meet the security needs of the 
nation and to perform effectively in time of emergency. The Office would 
direct the assignment of those portions of the radio spectrum which are 
reserved for government use, carry out responsibilities conferred on the 
President by the Communications Satellite Act, advise State and local 
governments, and provide policy direction for the National 
Communications System.
    3. Finally, the new Office would enable the executive branch to 
speak with a clearer vote and to act as a more effective partner in 
discussions of communications policy with both the Congress and the 
Federal Communications Commission. This action would take away none of 
the prerogatives or functions assigned to the Federal Communications 
Commission by the Congress. It is my hope, however, that the new Office 
and the Federal Communications Commission would cooperate in achieving 
certain reforms in telecommunications policy, especially in their 
procedures for allocating portions of the radio spectrum for government 
and civilian use. Our current procedures must be more flexible if they 
are to deal adequately with problems such as the worsening spectrum 
shortage.
    Each reorganization included in the plan which accompanies this 
message is necessary to accomplish one or more of the purposes set forth 
in section 901(a) of title 5 of the United States Code. In particular, 
the plan is responsive to section 901(a)(1), ``to promote the better 
execution of the laws, the more effective management of the executive 
branch and of its agencies and functions, and the expeditious 
administration of the public business;'' and section 901(a)(3), ``to 
increase the efficiency of the operations of the government to the 
fullest extent practicable.''
    The reorganization provided for in this plan make necessary the 
appointment and compensation of new officers, as specified in sections 
3(a) and 3(b) of the plan. The rates of compensation fixed for these 
officers are comparable to those fixed for other officers in the 
executive branch who have similar responsibilities.
    This plan should result in the more efficient operation of the 
government. It is not practical, however, to itemize or aggregate the 
exact expenditure reductions which will result from this action.
    The public interest requires that government policies concerning 
telecommunications be formulated with as much sophistication and vision 
as possible. This reorganization plan--and the executive order which 
would follow it--are necessary instruments if the government is to 
respond adequately to the challenges and opportunities presented by the 
rapid pace of change in communications. I urge that the Congress allow 
this plan to become effective so that these necessary reforms can be 
accomplished.
                                                          Richard Nixon.
    The White House, February 9, 1970.

                        Executive Order No. 10995

    Ex. Ord. No. 10995, eff. Feb. 16, 1962, 27 F.R. 1519, as amended by 
Ex. Ord. No. 11084, eff. Feb. 18, 1963, 28 F.R. 1531, which related to 
the assignment of telecommunications management functions, was revoked 
by Ex. Ord. No. 11556, eff. Sept. 14, 1970, 35 F.R. 14193, formerly set 
out below.

                        Executive Order No. 11556

    Ex. Ord. No. 11556, Sept. 4, 1970, 35 F.R. 14193, as amended by Ex. 
Ord. No. 11921, June 11, 1976, 41 F.R. 2494, which related to the 
assignment of telecommunication functions, was revoked by Ex. Ord. No. 
12046, Mar. 27, 1978, 43 F.R. 13349, set out below.

      Ex. Ord. No. 12046. Transfer of Telecommunications Functions

    Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349, as amended by Ex. 
Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12472, Apr. 
3, 1984, 49 F.R. 13471, provided:
    By virtue of the authority vested in me by the Constitution and laws 
of the United States of America, including Section 7 of Reorganization 
Plan No. 1 of 1977 (42 FR 56101 (October 21, 1977)) [set out in the 
Appendix to Title 5, Government Organization and Employees], the 
authority and control vested in the President by Section 2 of Executive 
Order No. 11556, as amended. Section 202 of the Budget and Accounting 
Procedures Act of 1950 (31 U.S.C. 581c) [31 U.S.C. 1531], and Section 
301 of Title 3 of the United States Code, and as President of the United 
States of America, in order to provide for the transfer of certain 
telecommunications functions, it is hereby ordered as follows:

                                SECTION 1

                           Reorganization Plan

           1-1. Implementation of Reorganization Plan

    1-101. The transfer of all the functions of the Office of 
Telecommunications Policy and of its Director, as provided by Section 5B 
of Reorganization Plan No. 1 of 1977 (42 FR 56101), is hereby effective.
    1-102. The abolition of the Office of Telecommunications Policy, as 
provided by Section 3C of Reorganization Plan No. 1 of 1977, is hereby 
effective.
    1-103. The establishment of an Assistant Secretary for 
Communications and Information, Department of Commerce, as provided by 
Section 4 of Reorganization Plan No. 1 of 1977, is hereby effective.

                1-2. Telecommunications Function

    1-201. Prior to the effective date of Reorganization Plan No. 1 of 
1977, the Office of Telecommunications Policy and its Director had the 
functions set forth or referenced by: (1) Section 1 of Reorganization 
Plan No. 1 of 1970 (5 U.S.C. App.), (2) Executive Order No. 11556 of 
September 4, 1970, as amended (47 U.S.C. 305 note), (3) Executive Order 
No. 11191 of January 4, 1965, as amended (47 U.S.C. 721 note), (4) 
Executive Order No. 10705 of April 17, 1957, as amended (47 U.S.C. 606 
note), and (5) Presidential Memorandum of August 21, 1963, as amended by 
Executive Order No. 11556 and entitled ``Establishment of the National 
Communications System.''
    1-202. So much of those functions which relate to the preparation of 
Presidential telecommunications policy options or to the disposition of 
appeals from assignments of radio frequencies to stations of the United 
States Government were transferred to the President. These functions may 
be delegated within the Executive Office of the President and the 
delegations are set forth in this Order at Sections 3-1 through 4-3.
    1-203. Those telecommunications functions which were not transferred 
to the President were transferred to the Secretary of Commerce. 
Functions transferred to the Secretary are set forth in this Order at 
Sections 2-1 through 2-5.

                                SECTION 2

                    Functions Transferred to Commerce

                     2-1. Radio Frequencies

    2-101. The authority of the President to assign frequencies to radio 
stations or to classes of radio stations belonging to and operated by 
the United States, including the authority to amend, modify, or revoke 
such assignments, was transferred to the Secretary of Commerce.
    2-102. This authority, which was originally vested in the President 
by Section 305(a) of the Communications Act of 1934, as amended (47 
U.S.C. 305(a)), was transferred and assigned to the Director of the 
Office of Telecommunications Policy by Section 1 of Reorganization Plan 
No. 1 of 1970 and Section 3 of Executive Order No. 11556.
    2-103. The authority to assign frequencies to radio stations is 
subject to the authority to dispose of appeals from frequency 
assignments as set forth in Section 3-2 of this Order.

               2-2. Construction of Radio Stations

    2-201. The authority to authorize a foreign government to construct 
and operate a radio station at the seat of government of the United 
States was transferred to the Secretary of Commerce. Authorization for 
the construction and operation of a radio station pursuant to this 
authority and the assignment of a frequency for its use can be made only 
upon recommendation of the Secretary of State and after consultation 
with the Attorney General and the Chairman of the Federal Communications 
Commission.
    2-202. This authority, which was originally vested in the President 
by Section 305(d) of the Communications Act of 1934, as amended (47 
U.S.C. 305), was delegated to the Director of the Office of 
Telecommunications Policy by Section 5 of Executive Order No. 11556.

              2-3. Communications Satellite System

    2-301. Certain functions relating to the communications satellite 
system were transferred to the Secretary of Commerce. Those functions 
were delegated or assigned to the Director of the Office of 
Telecommunications Policy by Executive Order No. 11191, as amended by 
Executive Order No. 11556. The functions include authority vested in the 
President by Section 201(a) of the Communications Satellite Act of 1962 
(76 Stat. 421, 47 U.S.C. 721(a)). These functions are specifically set 
forth in the following provisions of this Section.
    (a) Aid in the planning and development of the commercial 
communications satellite system and aid in the execution of a national 
program for the operation of such a system.
    (b) Conduct a continuous review of all phases of the development and 
operation of such system, including the activities of the Corporation.
    (c) Coordinate, in consultation with the Secretary of State, the 
activities of governmental agencies with responsibilities in the field 
of telecommunications, so as to insure that there is full and effective 
compliance at all times with the policies set forth in the Act [47 
U.S.C. 701 et seq.].
    (d) Make recommendations to the President and others as appropriate, 
with respect to all steps necessary to insure the availability and 
appropriate utilization of the communications satellite system for 
general government purposes in consonance with Section 201(a)(6) of the 
Act [47 U.S.C. 721(a)(6)].
    (e) 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.
    (f) Assist in the preparation of Presidential action documents for 
consideration by the President as may be appropriate under Section 
201(a) of the Act, make necessary recommendations to the President in 
connection therewith, and keep the President currently informed with 
respect to the carrying out of the Act.
    (g) Serve as the chief point of liaison between the President and 
the Corporation.
    (h) The Secretary of Commerce shall timely submit to the President 
each year the report (including evaluations and recommendations) 
provided for in Section 404(a) of the Act (47 U.S.C. 744(a)).
    (i) The Secretary of Commerce shall coordinate the performance of 
these functions with the Secretary of State. The Corporation and other 
concerned Executive agencies shall provide the Secretary of Commerce 
with such assistance, documents, and other cooperation as will enable 
the Secretary to carry out these functions.

             2-4. Other Telecommunications Functions

    Certain functions assigned, subject to the authority and control of 
the President to the Director of the Office of Telecommunications Policy 
by Section 2 of Executive Order No. 11556 were transferred to the 
Secretary of Commerce. These functions, subject to the authority and 
control of the President, are set forth in the following subsections.
    2-401. The Secretary of Commerce shall 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.
    2-402. The Secretary of Commerce shall 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.
    2-403. The Secretary of Commerce shall conduct studies and 
evaluations concerning telecommunications research and development, and 
concerning the initiation, improvement, expansion, testing, operation, 
and use of Federal telecommunications systems. The Secretary shall 
advise appropriate agencies, including the Office of Management and 
Budget, of the recommendations which result from such studies and 
evaluations.
    2-404. The Secretary of Commerce shall develop and set 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. The Secretary 
of Commerce shall coordinate economic, technical, operational and 
related preparations for United States participation in international 
telecommunications conferences and negotiations. The Secretary shall 
provide 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.
    2-405. The Secretary of Commerce shall provide for the coordination 
of the telecommunications activities of the Executive Branch, and shall 
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.
    2-406. The Secretary of Commerce shall develop and set forth 
telecommunications policies pertaining to the Nation's economic and 
technological advancement and to the regulation of the 
telecommunications industry.
    2-407. The Secretary of Commerce shall ensure that the Executive 
Branch views on telecommunications matters are effectively presented to 
the Federal Communications Commission and, in coordination with the 
Director of the Office of Management and Budget, to the Congress.
    2-408. The Secretary of Commerce shall establish policies concerning 
spectrum assignments and use by radio stations belonging to and operated 
by the United States. Agencies shall consult with the Secretary of 
Commerce to ensure that their conduct of telecommunications activities 
is consistent with those policies.
    2-409. The Secretary of Commerce shall develop, in cooperation with 
the Federal Communications Commission, a comprehensive long-range plan 
for improved management of all electromagnetic spectrum resources.
    2-410. The Secretary of Commerce shall conduct studies and make 
recommendations concerning the impact of the convergence of computer and 
communications technology.
    2-411. The Secretary of Commerce shall coordinate Federal 
telecommunications assistance to State and local governments, except as 
otherwise provided by Executive Order No. 12472 [set out as a note under 
section 5195 of Title 42, The Public Health and Welfare].
    2-412. The Secretary of Commerce shall conduct and coordinate 
economic and technical analyses of telecommunications policies, 
activities, and opportunities in support of assigned responsibilities.
    2-413. The Secretary of Commerce shall contract for studies and 
reports related to any aspect of assigned responsibilities.
    2-414. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R. 13471.]

               2-5. Consultation Responsibilities

    2-501. The authority to establish coordinating committees, as 
assigned to the Director of the Office of Telecommunications Policy by 
Section 10 of Executive Order No. 11556, was transferred to the 
Secretary of Commerce.
    2-502. As permitted by law, the Secretary of Commerce shall 
establish such interagency committees and working groups composed of 
representatives of interested agencies, and shall consult with such 
departments and agencies as may be necessary for the most effective 
performance of his functions. To the extent he deems it necessary to 
continue the Interdepartment Radio Advisory Committee, that Committee 
shall serve in an advisory capacity to the Secretary. As permitted by 
law, the Secretary also shall establish one or more telecommunications 
advisory committees composed of experts in the telecommunications area 
outside the Government.

                                SECTION 3

        Functions Assigned to the Office of Management and Budget

       3-1. Telecommunications Procurement and Management

    3-101. The responsibility for serving as the President's principal 
adviser on procurement and management of Federal telecommunications 
systems and the responsibility for developing and establishing policies 
for procurement and management of such systems, which responsibilities 
were assigned to the Director of the Office of Telecommunications Policy 
subject to the authority and control of the President by Section 2(b) of 
Executive Order No. 11556, were transferred to the President.
    3-102. These functions are delegated to the Director of the Office 
of Management and Budget.

                  3-2. Radio Frequency Appeals

    3-201. The authority to make final disposition of appeals from 
frequency assignments by the Secretary of Commerce for radio stations 
belonging to and operated by the United States, which authority was 
vested in the President by Section 305(a) of the Communications Act of 
1934 (47 U.S.C. 305(a)) and transferred to the Director of the Office of 
Telecommunications Policy by Reorganization Plan No. 1 of 1970 (5 U.S.C. 
App.), was transferred to the President.
    3-202. This function is delegated to the Director of the Office of 
Management and Budget.

                                SECTION 4

 Functions Assigned to the National Security Council and the Office of 
                      Science and Technology Policy

                    4-1. Emergency Functions

    4-101. The war power functions of the President under Section 606 of 
the Communications Act of 1934, as amended (47 U.S.C. 606), which were 
delegated to the Director of the Office of Telecommunications Policy by 
the Provisions of Section 4 of Executive Order No. 10705, were 
transferred to the President.
    4-102. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R. 13471.]
    4-103. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R. 13471.]

               4-2. National Communications System

    4-201. The responsibility for policy direction of the development 
and operation of a National Communications System, which was assigned to 
the Director of the Office of Telecommunications Policy by the 
Presidential Memorandum of August 21, 1963, as amended by Executive 
Order No. 11556, was transferred to the President.
    4-202. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R. 13471.]

                     4-3. Planning Functions

    4-301. The function of coordinating the development of policy, 
plans, programs, and standards for the mobilization and use of the 
Nation's telecommunications resources in any emergency, which function 
was assigned to the Director of the Office of Telecommunications Policy 
subject to the authority and control of the President by Section 2(h) of 
the Executive Order No. 11556, was transferred to the President.
    4-302. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R. 13471.]

                                SECTION 5

                  Related Telecommunications Functions

                 5-1. The Department of Commerce

    5-101. The Secretary of Commerce shall continue to perform the 
following functions previously assigned by Section 13 of Executive Order 
No. 11556:
    (a) Perform analysis, engineering, and administrative functions, 
including the maintenance of necessary files and data bases, as 
necessary in the performance of assigned responsibilities for the 
management of electromagnetic spectrum.
    (b) Conduct 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.
    (c) Conduct research and analysis in the general field of 
telecommunications sciences in support of assigned functions and in 
support of other Government agencies.
    5-102. The Secretary of Commerce shall participate, as appropriate, 
in evaluating the capability of telecommunications resources, in 
recommending remedial actions, and in developing policy options.

                    5-2. Department of State

    5-201. With respect to telecommunications, the Secretary of State 
shall exercise primary authority for the conduct of foreign policy, 
including the determination of United States positions and the conduct 
of United States participation in negotiations with foreign governments 
and international bodies. In exercising this responsibility the 
Secretary of State shall coordinate with other agencies as appropriate, 
and, in particular, shall give full consideration to the Federal 
Communications Commission's regulatory and policy responsibility in this 
area.
    5-202. The Secretary of State shall continue to perform the 
following functions previously assigned by Executive Order No. 11191, as 
amended:
    (a) Exercise the supervision provided for in Section 201(a)(4) of 
the Communications Satellite Act of 1962, as amended (47 U.S.C. 
721(a)(4)), be responsible, although the Secretary of Commerce is the 
chief point of liaison, for instructing the Communications Satellite 
Corporation in its role as the designated United States representative 
to the International Telecommunications Satellite Organization; and 
direct the foreign relations of the United States with respect to 
actions under the Communications Satellite Act of 1962, as amended 
[section 701 et seq. of this title].
    (b) Coordinate, in accordance with the applicable interagency 
agreements, the performance of these functions with the Secretary of 
Commerce, the Federal Communications Commission, other concerned 
Executive agencies, and the Communications Satellite Corporation (see 47 
U.S.C. 731-735). The Corporation and other concerned Executive agencies 
shall provide the Secretary of State with such assistance, documents, 
and other cooperation as will enable the Secretary to carry out these 
functions.

5-3. Federal Emergency Management Agency [Revoked. Ex. Ord. No. 
              12472, Apr. 3, 1984, 49 F.R. 13471.]

                                SECTION 6

                           General Provisions

                    6-1. Transfer Provisions

    6-101. [Revoked. Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R. 13471.]
    6-102. The primary responsibility for performing all administrative 
support and service functions that are related to functions transferred 
from the Office of Telecommunications Policy and its Director to the 
President, including those functions delegated or assigned within the 
Executive Office of the President, are transferred to the Office of 
Administration. The Domestic Policy Staff shall perform such functions 
related to the preparation of Presidential telecommunications policy 
options as the President may from time to time direct.
    6-103. The records, property, personnel, and unexpended balances of 
appropriations, available or to be made available, which relate to the 
functions transferred, assigned, or delegated as provided in this Order 
are hereby transferred as appropriate.
    6-104. The Director of the Office of Management and Budget shall 
make such determinations, issue such orders, and take all actions 
necessary or appropriate to effectuate the transfers or reassignments 
provided in this Order, including the transfer of funds, records, 
property, and personnel.

                         6-2. Amendments

    In order to reflect the transfers provided by this Order, the 
following conforming amendments and revocations are ordered:
    6-201. Section 306 of Executive Order No. 11051, as amended [50 App. 
U.S.C. 2271 note], is further amended to read:
    ``Sec. 306. Emergency telecommunications. The Administrator of 
General Services shall be responsible for coordinating with the National 
Security Council in planning for the mobilization of the Nation's 
telecommunications resources in time of national emergency.''.
    6-202. Executive Order No. 11490, as amended [formerly set out as a 
note under section 2251 of Title 50, Appendix, War and National Defense] 
is further amended by:
    (1) substituting ``National Security Council'' for ``Office of 
Telecommunications Policy (35 FR 6421)'' in Section 401(27), and
    (2) substituting the number of this Order for ``11556'' and deleting 
references to Executive Order No. 10705 [47 U.S.C. 606 note] in Sections 
1802 and 2002(3).
    6-203. Executive Order No. 11725, as amended [50 App. U.S.C. 2271 
note], is further amended by substituting the number and date of this 
Order for the reference to Executive Order No. 11556 of September 4, 
1970 in Section 3(16).
    6-204. Executive Orders No. 10705, as amended [47 U.S.C. 606 note], 
No. 11191, as amended [47 U.S.C. 721 note] and No. 11556, as amended, 
are revoked.

                          6-3. General

    6-301. All Executive agencies to which functions are assigned 
pursuant to this Order shall issue such rules and regulations as may be 
necessary to carry them out.
    6-302. All Executive agencies are authorized and directed to 
cooperate with the departments and agencies to which functions are 
assigned pursuant to this Order and to furnish them such information, 
support and assistance, not inconsistent with law, as they may require 
in the performance of those functions.
    6-303. (a) Nothing in this Order reassigns any function assigned any 
agency under the Federal Property and Administrative Services Act of 
1949, as amended [see Short Title note set out under 40 U.S.C. 471], nor 
does anything in this Order impair the existing authority of the 
Administrator of General Services to provide and operate 
telecommunications services and to prescribe policies and methods of 
procurement, or impair the policy and oversight roles of the Office of 
Management and Budget.
    (b) In carrying out the functions in this Order, the Secretary of 
Commerce shall coordinate activities as appropriate with the Federal 
Communications Commission and make appropriate recommendations to it as 
the regulator of the private sector. Nothing in this Order reassigns any 
function vested by law in the Federal Communications Commission.
    6-304. This Order shall be effective March 26, 1978.

                  Section Referred to in Other Sections

    This section is referred to in section 923 of this title; title 14 
section 829; title 22 section 1465bb.
