Federal Privilege–Franchise Classification Table

Prepared for Legal Analysis — April 2026

YES PARTIAL NO

Section 1 — Federal Franchises

Federal Franchise Creating Statute Managing Agency Public Capacity? Delegates Governmental Authority? Imposes General Obligations on Everyone? Operates in Federal/National Capacity Only? Involves Federal Property (propertyPUB)?
National Banking Charter 12 U.S.C. §§ 21–216d (National Bank Act) OCC (Office of the Comptroller of the Currency) YES (operates as quasi-public financial institution) YES (issues currency instruments, exercises fiduciary powers under federal authority) YES (reserve requirements, reporting, CRA obligations bind all national banks) YES YES (federal reserve notes, federal monetary system)
Federal Reserve System Membership 12 U.S.C. §§ 221–522 (Federal Reserve Act) Federal Reserve Board of Governors YES (member banks function as instrumentalities of monetary policy) YES (discount window, monetary transmission, reserve management) YES (mandatory reserves, stress testing, systemic risk obligations) YES YES (federal reserve notes, reserve balances, discount window collateral)
Federal Deposit Insurance 12 U.S.C. §§ 1811–1835a (Federal Deposit Insurance Act) FDIC YES (insured deposits create public trust obligation) YES (exercises receivership and resolution authority) YES (assessment obligations, deposit reporting for all insured institutions) YES YES (Deposit Insurance Fund is federal property)
Federal Credit Union Charter 12 U.S.C. §§ 1751–1795k (Federal Credit Union Act) NCUA YES (cooperative financial institution with public mission) YES (exercises fiduciary and lending authority under federal charter) YES (share insurance, reporting, field-of-membership requirements) YES YES (National Credit Union Share Insurance Fund)
Broadcast Spectrum License 47 U.S.C. §§ 301–399b (Communications Act of 1934) FCC YES (licensee operates as public trustee of the airwaves) YES (exclusive use of sovereign electromagnetic spectrum) YES (public interest standard, equal time, emergency broadcast obligations) YES YES (electromagnetic spectrum is propertyPUB held in public trust)
Air Carrier Certificate 49 U.S.C. §§ 41101–41113 (Federal Aviation Act) FAA / DOT YES (common carrier obligations, public service mandate) YES (operates within sovereign navigable airspace) YES (safety regulations, accessibility requirements, fare transparency) YES YES (navigable airspace is federal propertyPUB)
Nuclear Facility License 42 U.S.C. §§ 2011–2297h-13 (Atomic Energy Act of 1954) NRC YES (exercises authority over sovereign nuclear materials) YES (licensed to possess and use special nuclear material) YES (safety, waste disposal, security, decommissioning obligations) YES YES (special nuclear material remains federal property)
Hydroelectric Power License 16 U.S.C. §§ 791a–828c (Federal Power Act) FERC YES (public utility operating on navigable waters) YES (exercises power of eminent domain, dam construction on public waterways) YES (headwater benefits charges, fish passage, environmental mitigation) YES YES (navigable waters are propertyPUB)
U.S. Postal Service Franchise 39 U.S.C. §§ 101–5605 (Postal Reorganization Act) USPS / Postal Regulatory Commission YES (exercises sovereign postal power under Art. I, § 8, cl. 7) YES (exclusive letter-carrying monopoly, mailbox access rule) YES (universal service obligation, uniform pricing) YES YES (postal infrastructure, mailboxes, mail itself in transit)
Securities Exchange Registration 15 U.S.C. §§ 78a–78qq (Securities Exchange Act of 1934) SEC YES (self-regulatory organization with quasi-governmental enforcement power) YES (exchanges exercise delegated regulatory, surveillance, and disciplinary authority) YES (reporting, anti-fraud, market manipulation rules bind all participants) YES NO
Vessel Documentation (Merchant Marine) 46 U.S.C. §§ 12101–12152 USCG / MARAD YES (documented vessels operate under federal flag and jurisdiction) YES (authorized for coastwise trade, fisheries, and international commerce under federal sovereignty) YES (manning, safety, inspection, cabotage restrictions) YES YES (navigable waters, federal flag jurisdiction)
Railroad Operating Authority 49 U.S.C. §§ 10101–11908 (Interstate Commerce Act legacy) Surface Transportation Board (STB) YES (common carrier obligation, public service mandate) YES (exercises eminent domain for rights-of-way, rate-setting authority) YES (common carrier duty, safety, hazmat, accessibility) YES YES (rights-of-way across public lands, eminent domain)
Natural Gas Pipeline Certificate 15 U.S.C. §§ 717–717z (Natural Gas Act) FERC YES (public utility with obligation to serve) YES (eminent domain for pipeline construction, rate-setting) YES (open access, environmental review, safety standards) YES YES (eminent domain, public lands crossings)
Federal Mining Claim 30 U.S.C. §§ 22–54 (General Mining Act of 1872) BLM / Dept. of Interior YES (claimant exercises possessory rights on public domain) PARTIAL (right to extract mineral resources from sovereign land, but limited police power) NO (obligations attach only to claim holders) YES YES (public domain lands and mineral estate are propertyPUB)
Federal Grazing Permit 43 U.S.C. §§ 315–315r (Taylor Grazing Act) BLM / Dept. of Interior PARTIAL (permittee manages public rangeland under federal oversight) PARTIAL (authorized use of public domain, but no sovereign delegation) NO (obligations attach only to permit holders) YES YES (federal public rangeland is propertyPUB)
Federal Land Patent 43 U.S.C. various (public land statutes) BLM / General Land Office (historical) YES (conveyance of sovereign title from public domain to private ownership) NO (patent transfers title, does not delegate ongoing authority) NO YES YES (public domain land is propertyPUB until patented)
Federal Alcohol/Tobacco Manufacturer Permit 26 U.S.C. §§ 5001–5692 (IRC Subtitle E) TTB (Alcohol and Tobacco Tax and Trade Bureau, Treasury) YES (operates under federal excise tax and regulatory regime) YES (authorized to manufacture controlled commodities under sovereign taxing power) YES (excise tax, bonding, labeling, record-keeping obligations on all permit holders) YES NO
Federally Chartered Corporation 36 U.S.C. various; individual charter statutes (e.g., Amtrak: 49 U.S.C. § 24301; Red Cross: 36 U.S.C. § 300101) Congress / designated oversight agency YES (created by sovereign act to serve public purpose) YES (exercises specific governmental or quasi-governmental functions) YES (charter obligations, reporting to Congress, public accountability) YES PARTIAL (varies by charter; Amtrak uses federal rail infrastructure)
Social Security Account (SSN/OASDI) 42 U.S.C. §§ 401–434 (Social Security Act, Title II) SSA (Social Security Administration) YES (participation creates public accounting identity within federal fiscal system) YES (mandatory wage reporting, tax withholding delegated to employers) YES (universal employer withholding, individual earnings reporting) YES YES (OASI and DI Trust Funds are federal propertyPUB)
Federal Tax-Exempt Organization Status 26 U.S.C. § 501 (IRC § 501(c)) IRS / Dept. of Treasury YES (tax-exempt entities perform quasi-public functions: charitable, educational, religious) PARTIAL (exempt from sovereign taxing power in exchange for public benefit obligations) YES (annual reporting, operational restrictions, private inurement prohibitions) YES NO
Federal Telecommunications Common Carrier 47 U.S.C. § 201 et seq. (Communications Act, Title II) FCC YES (common carrier obligation: must serve all comers without discrimination) YES (exercises delegated authority over public communications infrastructure) YES (tariff filing, non-discrimination, universal service contributions) YES YES (electromagnetic spectrum and rights-of-way are propertyPUB)
Federal Power Marketing Administration 16 U.S.C. various (Bonneville Project Act, etc.) BPA, WAPA, SWPA, SEPA (Dept. of Energy) YES (markets hydroelectric power from federal dams) YES (operates sovereign power generation and transmission infrastructure) YES (preference power obligations, cost-based pricing mandates) YES YES (federal dams, transmission lines, reservoirs are propertyPUB)
"Trade or Business" Franchise (Public Office Functions) 26 U.S.C. § 7701(a)(26); 26 U.S.C. §§ 1–1400Z-2 (IRC) IRS / Dept. of Treasury YES (defined as "the functions of a public office") YES (holder exercises governmental functions generating taxable income) YES (withholding, reporting, filing obligations bind all participants in the franchise) YES NO
Franchise Distinguishing Criteria:
FRANCHISE DISTINGUISHING CRITERIA: A federal franchise (1) creates or confers a PUBLIC CAPACITY on the holder; (2) DELEGATES GOVERNMENTAL AUTHORITY or sovereign power; (3) typically IMPOSES GENERAL OBLIGATIONS binding on all persons operating under the franchise; (4) operates within the FEDERAL/NATIONAL CAPACITY; and (5) frequently involves the use or management of FEDERAL PROPERTY (propertyPUB) — i.e., sovereign assets held in public trust.

Section 2 — Federal Privileges

Federal Privilege Creating Statute Managing Agency Public Capacity? Delegates Governmental Authority? Imposes General Obligations on Everyone? Operates in Federal/National Capacity Only? Involves Federal Property (propertyPUB)?
U.S. Passport 22 U.S.C. §§ 211a–218 (Passport Act) State Department / Bureau of Consular Affairs NO (bearer travels in private capacity) NO (confers no governmental authority) NO (conditions attach only to passport holder) YES NO
Patent Grant 35 U.S.C. §§ 1–390 (Patent Act) USPTO NO (patentee exercises private exclusionary right) NO (grants monopoly, not governmental power) NO (obligations attach only to patentee) YES NO (intangible private property right created by federal grant)
Copyright Registration 17 U.S.C. §§ 101–1401 (Copyright Act) U.S. Copyright Office / Library of Congress NO (author exercises private exclusionary right) NO (no delegation of sovereign authority) NO (obligations attach only to copyright holder) YES NO (intangible private property right)
Federal Trademark Registration 15 U.S.C. §§ 1051–1141n (Lanham Act) USPTO NO (registrant exercises private commercial right) NO (no delegation of sovereign authority) NO (obligations attach only to registrant: maintenance, use requirements) YES NO
Veterans Benefits (Disability, Education, Pension) 38 U.S.C. §§ 101–8528 VA (Dept. of Veterans Affairs) NO (recipient receives benefits in private capacity) NO NO (eligibility conditions attach only to applicant) YES NO
Federal Student Loan 20 U.S.C. §§ 1070–1099e (Higher Education Act, Title IV) Dept. of Education / FSA NO (borrower acts in private capacity) NO NO (repayment obligations attach only to borrower) YES NO
Federal Housing Assistance (Section 8 Voucher) 42 U.S.C. §§ 1437–1437z-10 (Housing Act of 1937) HUD NO (tenant receives benefit in private capacity) NO NO (program rules attach only to voucher holders and participating landlords) YES NO
Naturalized Citizenship 8 U.S.C. §§ 1421–1459 (INA, Title III) USCIS / DHS NO (citizen acts in private capacity) NO (citizenship confers rights, not governmental authority) NO YES NO
Federal Employee Retirement (FERS/CSRS) 5 U.S.C. §§ 8331–8480 OPM NO (retiree receives benefit in private capacity) NO NO (contribution obligations attach only to covered employees) YES YES (FERS Thrift Savings Fund, CSRS Fund)
Medicare Enrollment (Parts A–D) 42 U.S.C. §§ 1395–1395lll (Social Security Act, Title XVIII) CMS / HHS NO (beneficiary receives medical coverage in private capacity) NO NO (premium and enrollment obligations attach only to enrollees) YES YES (Medicare Trust Funds are propertyPUB)
Medicaid Provider Enrollment 42 U.S.C. §§ 1396–1396w-6 (Social Security Act, Title XIX) CMS / HHS (joint federal-state) NO (provider delivers private medical services) NO NO (billing and compliance rules attach only to enrolled providers) PARTIAL (joint federal-state program) NO
Federal Tax Deductions and Credits 26 U.S.C. various (IRC: §§ 63, 162, 170, 21-54, etc.) IRS / Dept. of Treasury NO (taxpayer claims in private capacity) NO NO (conditions attach only to the claimant) YES NO
Federal Firearms License (Dealer/FFL) 18 U.S.C. §§ 921–931 (Gun Control Act) ATF / DOJ NO (dealer operates private commercial business) NO (no governmental authority delegated) NO (record-keeping and background check obligations attach only to FFL holders) YES NO
Merchant Mariner Credential 46 U.S.C. §§ 7101–7704 USCG / DHS NO (mariner serves in private capacity aboard vessels) NO NO (qualification and medical requirements attach only to credential holders) YES NO
Federal Pilot Certificate 49 U.S.C. § 44703; 14 CFR Part 61 FAA / DOT NO (pilot operates in private capacity) NO NO (medical, currency, and proficiency requirements attach only to certificate holders) YES NO
Federal Amateur Radio License 47 U.S.C. § 310; 47 CFR Part 97 FCC NO (operator communicates in private/personal capacity) NO NO (band plan and power limit obligations attach only to licensees) YES PARTIAL (uses electromagnetic spectrum, but no exclusive assignment)
SNAP Benefits (Food Stamps) 7 U.S.C. §§ 2011–2036a (Food and Nutrition Act of 2008) USDA / FNS NO (recipient purchases food in private capacity) NO NO (eligibility and reporting requirements attach only to recipients) PARTIAL (joint federal-state) NO
Federal Contractor Registration (SAM) 41 U.S.C. §§ 101–4712 (OFPP Act); FAR GSA NO (contractor performs private services for government) NO (no delegation of sovereign authority to contractor) NO (compliance and reporting obligations attach only to registered entities) YES NO
National Park Annual Pass 54 U.S.C. § 100904 NPS / Dept. of Interior NO (visitor enters in private recreational capacity) NO NO (park rules apply only to visitors) YES YES (national parks are propertyPUB)
Federal Voting Rights (registration to vote in federal elections) 52 U.S.C. §§ 10101–10702 (Voting Rights Act; National Voter Registration Act) DOJ / EAC (administered by states) NO (voter acts in private civic capacity) NO (voting is exercise of a right, not delegation of authority) NO PARTIAL (federal right, state-administered) NO
Privilege Distinguishing Criteria:
PRIVILEGE DISTINGUISHING CRITERIA: A federal privilege (1) does NOT create a public capacity — the holder acts in PRIVATE capacity; (2) does NOT delegate governmental authority — merely permits an activity or confers a benefit; (3) does NOT impose general obligations on everyone — conditions attach only to the individual recipient; (4) may operate within federal jurisdiction but does not confer NATIONAL CAPACITY; and (5) may or may not involve federal property, but does not grant authority OVER that property.