§ 398. Federal interference or control

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1934

   Pub. L. 87–447 · 76 Stat. 64

   Enacted · 47 U.S.C. § 398

   June 19, 1934, ch. 652, title III, § 398, formerly § 397, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 67

   Source evidence

   Code source credit
   June 19, 1934, ch. 652, title III, § 398, formerly § 397, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 67

2. 1967

   Public Broadcasting Act of 1967

   Pub. L. 90–129 title I § 103(g) · 81 Stat. 365

   Inserted · 47 U.S.C. § 398

   Pub. L. 90–129, §§ 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

   Source evidence

   Code amendment note
   Pub. L. 90–129, §§ 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.

   Enacted provision · exact public law section
   (g) Section 397 of such Act (47 U.S.C. 397) is amended by inserting “or radio” after “television” in clause (2).

3. 1978

   Public Telecommunications Financing Act of 1978

   Pub. L. 95–567 title III § 309 · 92 Stat. 2405

   1. Amended · 47 U.S.C. § 398

      Pub. L. 95–567 designated existing provisions as subsec. (a)

   2. Substituted · 47 U.S.C. § 398

      Pub. L. 95–567 substituted “public telecommunications entity” and “public telecommunications” for “educational broadcasting station or system” and “educational television or radio broadcasting”, respectively

   3. Added · 47 U.S.C. § 398

      Pub. L. 95–567 added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   Sec. 309. equal employment opportunity 47 USC 398. Sec. 309. Section 398 of the Communications Act of 1934 is amended to read as follows: “Sec. 398. “federal interference or control prohibited; equal employment opportunity (a) Nothing contained in this part shall be deemed (1) to amend any other provision of, or requirement under, this Act; 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) (1) Equal opportunity employment. Ante, p. 2409. 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 (hereinafter in this subsection referred to as ‘recipients’), 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) Rules and regulations. 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 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 oportunity in employment which shall be established by rule by the Secretary. “(B) If the Corporation is not satisfied that any such person is Review. 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 Monitoring of equal opportunity practices. 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 Report. 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 Report summary to President and Congress. Ante, p. 2414. the President and the Congress as part of the report required in section 396(i). 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 Reduction or suspension of payments. 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) 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.”.

   Effective date note
   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.

4. 1988

   Pub. L. 100–626 § 9(b) · 102 Stat. 3207

   Inserted · 47 U.S.C. § 398(b)(1)

   Pub. L. 100–626, § 9(b), inserted “in accordance with the equal employment opportunity regulations of the Commission,” before “and no person”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 100–626, § 9(b), inserted “in accordance with the equal employment opportunity regulations of the Commission,” before “and no person”.

   Enacted provision · exact public law section
   (b) Section 398(b)(1) of the Communications Act of 1934 (47 U.S.C. 398(b)(1)) is amended by inserting, immediately after “ ‘recipients’),”, the following: “in accordance with the equal employment opportunity regulations of the Commission,”.

5. 2018

   Energy and Water Development and Related Agencies Appropriations Act, 2018

   Pub. L. 115–141 div. P title IV § 402(i)(9) · 132 Stat. 348

   Struck · 47 U.S.C. § 398(b)(4)

   Pub. L. 115–141 struck out “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.” after “by the Secretary.”

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 115–141 struck out “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.” after “by the Secretary.”.

   Enacted provision · exact public law section
   Sec. 402. (a) The amounts made available by this title for the Nuclear Regulatory Commission may be reprogrammed for any program, project, or activity, and the Commission shall notify the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program funding level to increase or decrease by more than $500,000 or 10 percent, whichever is less, during the time period covered by this Act. (b) (1) The Nuclear Regulatory Commission may waive the notification requirement in subsection (a) if compliance with such requirement would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver and shall provide a detailed report to the Committees of such waiver and changes to funding levels to programs, projects, or activities. (c) Except as provided in subsections (a), (b), and (d), the amounts made available by this title for “Nuclear Regulatory Commission—Salaries and Expenses” shall be expended as directed in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). (d) None of the funds provided for the Nuclear Regulatory Commission shall be available for obligation or expenditure through a reprogramming of funds that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act. (e) The Commission shall provide a monthly report to the Committees on Appropriations of both Houses of Congress, which includes the following for each program, project, or activity, including any prior year appropriations— (1) total budget authority; (2) total unobligated balances; and (3) total unliquidated obligations.

6 of 7 references resolved to an enrolled provision · 1 partial