Coordination and Review Section
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]
47 USC 398
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER III--SPECIAL PROVISIONS RELATING TO RADIO
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
subsection.
(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
Secretary.
(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
notice--
(A) demonstrates to the Secretary that the violation has been
corrected; or
(B) enters into a compliance agreement approved by the
Secretary;
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
certification.
(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.
Amendments
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.
