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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]
                                            47 USC 398
      Part IV--Assistance for Planning and Construction of Public 
   Telecommunications Facilities; Telecommunications Demonstrations; 
         Corporation for Public Broadcasting; General Provisions
                      Subpart e--general provisions
Sec. 398. Federal interference or control

(a) Prohibition

    Nothing contained in this part shall be deemed (1) to amend any 
other provision of, or requirement under, this chapter; or (2) except to 
the extent authorized in subsection (b) of this section, to authorize 
any department, agency, officer, or employee of the United States to 
exercise any direction, supervision, or control over public 
telecommunications, or over the Corporation or any of its grantees or 
contractors, or over the charter or bylaws of the Corporation, or over 
the curriculum, program of instruction, or personnel of any educational 
institution, school system, or public telecommunications entity.

(b) Equal opportunity employment

    (1) Equal opportunity in employment shall be afforded to all persons 
by the Public Broadcasting Service and National Public Radio (or any 
successor organization) and by all public telecommunications entities 
receiving funds pursuant to subpart C \1\ (hereinafter in this 
subsection referred to as ``recipients''), in accordance with the equal 
employment opportunity regulations of the Commission, and no person 
shall be subjected to discrimination in employment by any recipient on 
the grounds of race, color, religion, national origin, or sex.
    (2)(A) The Secretary is authorized and directed to enforce this 
subsection and to prescribe such rules and regulations as may be 
necessary to carry out the functions of the Secretary under this 
    (B) The Secretary shall provide for close coordination with the 
Commission in the administration of the responsibilities of the 
Secretary under this subsection which are of interest to or affect the 
functions of the Commission so that, to the maximum extent possible 
consistent with the enforcement responsibilities of each, the reporting 
requirements of public telecommunications entities shall be uniformly 
based upon consistent definitions and categories of information.
    (3)(A) The Corporation shall incorporate into each grant agreement 
or contract with any recipient entered into on or after the effective 
date of the rules and regulations prescribed by the Secretary pursuant 
to paragraph (2)(A), a statement indicating that, as a material part of 
the terms and conditions of the grant agreement or contract, the 
recipient will comply with the provisions of paragraph (1) and the rules 
and regulations prescribed pursuant to paragraph (2)(A). Any person 
which desires to be a recipient (within the meaning of paragraph (1)) of 
funds under subpart C \1\ shall, before receiving any such funds, 
provide to the Corporation any information which the Corporation may 
require to satisfy itself that such person is affording equal 
opportunity in employment in accordance with the requirements of this 
subsection. Determinations made by the Corporation in accordance with 
the preceding sentence shall be based upon guidelines relating to equal 
opportunity in employment which shall be established by rule by the 

    (B) If the Corporation is not satisfied that any such person is 
affording equal opportunity in employment in accordance with the 
requirements of this subsection, the Corporation shall notify the 
Secretary, and the Secretary shall review the matter and make a final 
determination regarding whether such person is affording equal 
opportunity in employment. In any case in which the Secretary conducts a 
review under the preceding sentence, the Corporation shall make funds 
available to the person involved pursuant to the grant application of 
such person (if the Corporation would have approved such application but 
for the finding of the Corporation under this paragraph) pending a final 
determination of the Secretary upon completion of such review. The 
Corporation shall monitor the equal employment opportunity practices of 
each recipient throughout the duration of the grant or contract.

    (C) The provisions of subparagraph (A) and subparagraph (B) shall 
take effect on the effective date of the rules and regulations 
prescribed by the Secretary pursuant to paragraph (2)(A).

    (4) Based upon its responsibilities under paragraph (3), the 
Corporation shall provide an annual report for the preceding fiscal year 
ending September 30 to the Secretary on or before the 15th day of 
February of each year. The report shall contain information in the form 
required by the Secretary. The Corporation shall submit a summary of 
such report to the President and the Congress as part of the report 
required in section 396(i) of this title. The Corporation shall provide 
other information in the form which the Secretary may require in order 
to carry out the functions of the Secretary under this subsection.

    (5) Whenever the Secretary makes a final determination, pursuant to 
the rules and regulations which the Secretary shall prescribe, that a 
recipient is not in compliance with paragraph (1), the Secretary shall, 
within 10 days after such determination, notify the recipient in writing 
of such determination and request the recipient to secure compliance. 
Unless the recipient within 120 days after receipt of such written 

        (A) demonstrates to the Secretary that the violation has been 
    corrected; or

        (B) enters into a compliance agreement approved by the 

the Secretary shall direct the Corporation to reduce or suspend any 

further payments of funds under this part to the recipient and the 
Corporation shall comply with such directive. Resumption of payments 
shall take place only when the Secretary certifies to the Corporation 
that the recipient has entered into a compliance agreement approved by 
the Secretary. A recipient whose funds have been reduced or suspended 
under this paragraph may apply at any time to the Secretary for such 

(c) Control over content or distribution of programs

    Nothing in this section shall be construed to authorize any 
department, agency, officer, or employee of the United States to 
exercise any direction, supervision, or control over the content or 
distribution of public telecommunications programs and services, or over 
the curriculum or program of instruction of any educational institution 
or school system.

(June 19, 1934, ch. 652, title III, Sec. 398, formerly Sec. 397, as 
added Pub. L. 87-447, May 1, 1962, 76 Stat. 67; renumbered Sec. 398 and 
amended Pub. L. 90-129, title I, Sec. 103(g), title II, Sec. 201(3), 
(5), Nov. 7, 1967, 81 Stat. 367, 368; Pub. L. 95-567, title III, 
Sec. 309, Nov. 2, 1978, 92 Stat. 2420; Pub. L. 100-626, Sec. 9(b), Nov. 
7, 1988, 102 Stat. 3211.)

                       References in Text

    This part, referred to in subsecs. (a) and (b)(5), commences with 
section 390 of this title.
    Subpart C, referred to in subsec. (b)(1), (3)(A), was redesignated 
subpart D by Pub. L. 101-437, title II, Sec. 203(a)(2), Oct. 18, 1990, 
104 Stat. 998.


    1988--Subsec. (b)(1). Pub. L. 100-626, Sec. 9(b), inserted ``in 
accordance with the equal employment opportunity regulations of the 
Commission,'' before ``and no person''.
    1978--Pub. L. 95-567 designated existing provisions as subsec. (a), 
substituted ``public telecommunications entity'' and ``public 
telecommunications'' for ``educational broadcasting station or system'' 
and ``educational television or radio broadcasting'', respectively, and 
added subsecs. (b) and (c).
    1967--Pub. L. 90-129, Secs. 103(g), 201(5), inserted ``or radio'' 
and ``, or over the Corporation or any of its grantees or contractors, 
or over the charter or bylaws of the Corporation,'' before and after 
``broadcasting'', where first appearing, respectively.

                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-567 effective Nov. 2, 1978, see section 403 
of Pub. L. 95-567, set out as a note under section 390 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 396 of this title.

General Information Federal Coordination and Compliance
Federal Coordination and Compliance
Title VI Hotline: 1-888-TITLE-06
(1-888-848-5306) (Voice / TTY)
Deeana Jang
U.S. Department of Justice
Civil Rights Division
Federal Coordination and Compliance Section, NWB
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530

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