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47 U.S.C. § 398Federal interference or control

submitted 92 years ago by Pub. L. 87-447 to r/title-47-TELECOMMUNICATIONS · 907 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law limits federal control over public broadcasting. No federal official may direct public telecommunications stations, the Corporation, or school curriculums. But the Secretary must enforce equal employment opportunity rules for public broadcasting recipients. The Secretary can cut funding if a recipient discriminates and does not fix it.

(a) Prohibition This part does not change any other rule in this chapter. And except for the equal-employment rules in subsection (b), no federal department, agency, officer, or employee may direct, supervise, or control public telecommunications. That protection covers the Corporation, its grantees and contractors, the Corporation's charter and bylaws, and any school's curriculum, teaching program, or staff. (b) Equal opportunity employment The Public Broadcasting Service, National Public Radio, and any public telecommunications entity that gets money under subpart C must give everyone an equal chance at a job. These groups are called "recipients." No recipient may discriminate in hiring because of race, color, religion, national origin, or sex. The rules must follow the Commission's own equal-employment regulations. The Secretary must enforce this rule and write regulations to carry it out. The Secretary must also work closely with the Commission. The goal is for every public telecommunications entity to report the same kinds of information, in the same way. Once the Secretary's rules take effect, the Corporation must put an equal-employment promise into every grant or contract with a recipient. Anyone who wants to be a recipient must first give the Corporation information proving they follow the equal-employment rules. The Corporation decides whether that proof is good enough, using guidelines the Secretary writes. If the Corporation is not satisfied, it must tell the Secretary. The Secretary then reviews the case and makes the final call. While that review happens, the Corporation must still fund the recipient's grant application — but only if the Corporation would otherwise have approved it. The Corporation must keep watching each recipient's equal-employment practices for as long as the grant or contract lasts. Each year, by February 15, the Corporation must send the Secretary a report on this work, covering the fiscal year that ended the previous September 30. The Corporation must also give the Secretary any other information the Secretary needs. If the Secretary finally decides a recipient is not complying, the Secretary must notify the recipient in writing within 10 days and ask it to fix the problem. The recipient then has 120 days to either prove the problem is fixed or sign a compliance agreement the Secretary approves. If the recipient does neither, the Secretary must order the Corporation to cut off or reduce its funding — and the Corporation must obey. Funding can start again only after the Secretary certifies that the recipient has signed an approved compliance agreement. A recipient whose funding was cut can ask for that certification at any time. (c) Control over content or distribution of programs Nothing in this section lets any federal department, agency, officer, or employee control the content or distribution of public telecommunications programs and services. It also cannot control the curriculum or teaching program of any school or school system.
the actual law source: uscode.house.gov ↗public domain
(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), 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 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.

Source credit: (June 19, 1934, ch. 652, title III, § 398, formerly § 397, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 67; renumbered § 398 and amended Pub. L. 90–129, title I, § 103(g), title II, § 201(3), (5), Nov. 7, 1967, 81 Stat. 367, 368; Pub. L. 95–567, title III, § 309, Nov. 2, 1978, 92 Stat. 2420; Pub. L. 100–626, § 9(b), Nov. 7, 1988, 102 Stat. 3211; Pub. L. 115–141, div. P, title IV, § 402(i)(9), Mar. 23, 2018, 132 Stat. 1090.)

history & why it existsrecord from the source credit
  • 1934Enacted · Pub. L. 87-447 · 76 Stat. 67
  • 1967Amended · Pub. L. 90-129 · 81 Stat. 367, 368
  • 1978Amended · Pub. L. 95-567 · 92 Stat. 2420
  • 1988Amended · Pub. L. 100-626 · 102 Stat. 3211
  • 2018Amended · Pub. L. 115-141 · 132 Stat. 1090

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-447 on 1934-06-19.

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