29 USC 720 note, Pub. Law 94-230 March 15, 1976 (13) Section 502 (h) of the Act (29 U.S.C. 792 (h)) is amended by striking out "year ending September 30, 1977" and inserting in lieu thereof "years ending September 30, 1977, and September 30, 1978". (c) For purposes of this section, the Congress shall not have been deemed to have passed legislation unless such legislation becomes law. Approved March 15, 1976. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-721 (Comm. on Education and Labor) and Vol. 121 (1975): Dec. 15, considered and passed House. Dec. 19, considered and passed Senate, amended, Vol. 122 (1976): Feb. 17, House agreed to conference report, 90 STAT. 214 Public Law 94-288 94th Congress, H. R. 12018 May 21, 1976 An Act To amend the Rehabilitation Act of 1973 to provide that the center for deaf-blind youths and adults established by such Act shall be known as the Helen Keller National Center for Deaf-Blind Youths and Adults. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 305 of the Rehabilitation Act of 1973 (29 U.S.C. 775), hereinafter in this Act referred to as the "Act", is amended by inserting "Helen Keller" immediately before "National Center" each place it appears therein. (b) The second sentence of section 305 (c) of the Act (29 U.S.C. 775 (c)) is amended by striking out "such" the second place it appears therein and inserting in lieu thereof "the Helen Keller National". SEC. 2. The heading for section 305 of the Act (29 U.S.C. 775) is amended to read as follows: "HELEN KELLER NATIONAL CENTER FOR DEAF-BLIND YOUTHS AND ADULTS". Approved May 21, 1976. Helen Keller and Adults. LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 122 (1976): May 6, considered and passed Senate. 90 STAT. 520 Public Law 94-309 94th Congress, H. R. 9630 June 5, 1976 An Act To extend the Educational Broadcasting Facilities Program and to provide authority for the support of demonstrations in telecommunications technologies. for the distribution of health, education, and public or social service information, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Educational Broadcasting Facilities and Telecommunications Demonstration Act of 1976". PURPOSE SEC. 2. (a) Part IV of title III of the Communications Act of 1934 is amended by striking out the heading of such part and inserting in lieu thereof "ASSISTANCE FOR NONCOMMERCIAL EDUCATIONAL BROADCASTING FACILITIES; TELECOMMUNICATIONS DEMONSTRATIONS; CORPORATION FOR PUBLIC BROADCASTING". (b) Subpart A of such part is amended by striking out the heading of such subpart and inserting in lieu thereof "ASSISTANCE FOR NON COMMERCIAL EDUCATIONAL BROADCASTING FACILITIES AND TELECOMMUNI- (c) Section 390 of such Act is amended to read as follows: "DECLARATION OF PURPOSE "SEC. 390. The purposes of this subpart are (1) to assist (through matching grants) in the construction of noncommercial educational television or radio broadcasting facilities, and (2) to demonstrate (through grants or contracts) the use of telecommunications technologies for the distribution and dissemination of health, education, and other public or social service information.". AUTHORIZATION OF APPROPRIATIONS Educational Facilities and of 1976. 47 USC 390. 47 USC 390. SEC. 3. Section 391 of the Communications Act of 1934 is amended 47 USC 391. to read as follows: "SEC. 391. There are authorized to be appropriated $7,500,000 for the period July 1, 1976, through September 30, 1976, and $30,000,000 for the fiscal year ending September 30, 1977, to assist (through matching grants) in the construction of noncommercial educational television or radio broadcasting facilities as provided in this subpart. Sums appropriated under this section for any fiscal year or period shall remain available for payment of grants for projects for which applications approved under section 392 have been submitted under such section within one year after the last day of such fiscal year or period.". CRITERIA FOR BROADCAST FACILITIES CONSTRUCTION SEC. 4. (a) Section 392 (a) (1) of the Communications Act of 1934 is 47 USC 392. amended by striking out clause (C) and inserting in lieu thereof "(C) a public or private nonprofit college or university or other educational 90 STAT. 683 47 USC 392. 47 USC 395. 47 USC 397. Definition Pub. Law 94-309 June 5, 1976 or cultural institution which is affiliated with an eligible college or university,”. (b) Section 392 (d) of such Act is amended to read as follows: "(d) (1) The Secretary shall base his determinations of whether to approve applications for television grants under this section and the amount of such grants on criteria set forth in regulations and designed to achieve (A) a strengthening of the capability of existing noncommercial educational television stations to provide local services: (B) the adaptation of existing noncommercial educational television facilities to broaden educational uses; and (C) extension of noncommercial educational television services, with due consideration to equitable geographic coverage throughout the United States. "(2) The Secretary shall base his determination of whether to approve applications for radio grants under this section and the amount of such grants on criteria set forth in regulations and designed to achieve (A) extension of noncommercial educational radio services with due consideration to equitable geographic coverage throughout the United States; (B) a strengthening of the capability of existing noncommercial educational radio stations to provide local service; and (C) the provision of multiple radio stations in major population centers to broaden services for special interest, minority, and educational uses.". COORDINATION SEC 5. Section 395 of the Communications Act of 1934 is amended to read as follows: “COORDINATION WITH THE COMMISSION AND THE CORPORATION "SEC. 395. The Federal Communications Commission is authorized to provide such assistance in carrying out the provisions of this subpart as may be requested by the Secretary. The Secretary shall provide for close coordination with the Federal Communications Commission in the administration of his functions under this subpart which are of interest to or affect the functions of the Commission. The Secretary shall provide for close coordination with the Corporation for Public Broadcasting in the administration of his functions under this subpart which are of interest to or affect the functions of the Corporation.”. CONSTRUCTION SEC. 6. Section 397 (2) of the Communications Act of 1934 is amended to read as follows: (2) The term 'construction', as applied to educational television broadcasting facilities or educational radio broadcasting facilities, means the acquisition and installation of transmission and reception apparatus (including towers, microwave equipment, boosters, translators, repeaters, mobile equipment, video recording equipment, nonvideo recording equipment, radio subcarrier receivers, and satellite transceivers) necessary for television broadcasting or radio broadcasting, as the case may be, including apparatus which may incidentally be used for transmitting closed circuit television or radio programs, but such term does not include the construction or repair of structures to house such apparatus. In the case of apparatus, the acquisition and installation of which is so included, such term also includes planning therefor.". 90 STAT. 684 June 5, 1976 Pub. Law 94-309 AUDIO RECORDING EQUIPMENT SEC. 7. Section 399 (b) of the Communications Act of 1934 is amended by adding at the end thereof the following new paragraph: "(5) Frem amounts appropriated pursuant to section 391 after the date of enactment of this paragraph, the Secretary may make a grant to any licensee of a noncommercial educational broadcast station who received assistance under this part of the full amount necessary to acquire equipment to permit such licensee to comply with paragraph (1) of this subsection." TELECOMMUNICATIONS DEMONSTRATIONS SEC. 8. The Communications Act of 1934 is amended by adding after section 392 the following new section: "TELECOMMUNICATIONS DEMONSTRATIONS 47 USC 399. Grant. Grants and contracts. "SEC. 392A. (a) It is the purpose of this section to promote the 47 USC 392a. development of nonbroadcast telecommunications facilities and services for the transmission, distribution and delivery of health, education, and public or social service information. The Secretary is authorized, upon receipt of an application in such form and containing such information as he may by regulation require, to make grants to, and enter into contracts with public and private nonprofit agencies, organizations, and institutions for the purpose of carrying out telecommunications demonstrations. "(b) The Secretary may approve an application submitted under subsection (a) if he determines "(1) that the project for which application is made will demonstrate innovative methods or techniques of utilizing nonbroadcast telecommunications equipment or facilities to satisfy the purpose of this section: "(2) that demonstrations and related activities assisted under this section will remain under the administration and control of the applicant: "(3) that the applicant has the managerial and technical capability to carry out the project for which the application is made; and "(4) that the facilities and equipment acquired or developed pursuant to the application will be used substantially for the transmission, distribution, and delivery of health, education, or public or social service information. (c) Upon approving any application under this section with respect to any project, the Secretary shall make a grant to or enter into a contract with the applicant in an amount determined by the Secretary not to exceed the reasonable and necessary cost of such project. The Secretary shall pay such amount from the sum available therefor, in advance or by way of reimbursement, and in such installments consistent with established practice, as he may determine. "(d) Funds made available pursuant to this section shall not be available for the construction. remodeling, or repair of structures to house the facilities or equipment acquired or developed with such funds, except that such funds may be used for minor remodeling which is necessary for and incident to the installation of such facilities or equipment. Application approval. 90 STAT. 685 |