Federal Coordination And Compliance Section

From the U.S. Code Online via GPO Access [wais.access.gpo.gov] [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.   
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Updated August 6, 2015

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