ists, and the remainder shall be persons having special competence or interest in the needs of our society for library and information services, at least one of whom shall be knowledgeable with respect to the technological aspects of library and information services and sciences. One of the members of the Commission shall be designated by the President as Chairman of the Commission. The terms of office of the appointive members of the Commission shall be five years, except that (1) the terms of office of the members first appointed shall commence on the date of enactment of this Act and shall expire two at the end of one year, three at the end of two years, three at the end of three years, three at the end of four years, three at the end of five years, as designated by the President at the time of appointment, and (2) a member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term and at least one other of whom shall be knowlegeable with respect to the library and information service and science needs of the elderly.

(b) Members of the Commission who are not in the regular fulltime employ of the United States shall, while attending meetings or conferences of the Commission or otherwise engaged in the business of the Commission, be entitled to receive compensation at a rate fixed by the Chairman, but not exceeding the rate specified at the time of such service for grade GS-18 in section 5332 of title 5, United States Code, including traveltime, and while so serving on the business of the Commission away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code for persons employed intermittently in the government service.

(c)(1) The Commission is authorized to appoint, without regard to the provisions of title 5, United States Code, covering appointments in the competitive service, such professional and technical personnel as may be necessary to enable it to carry out its function under this Act.

(2) The Commission may procure, without regard to the civil service or classification laws, temporary and intermittent services of such personnel as is necessary to the extent authorized by section 3109 of title 5, United States Code, but at rates not to exceed the rate specified at the time of such service for grade GS-18 in section 5332 of title 5, United States Code, including traveltime, and while so serving on the business of the Commission away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons employed intermittently in the Government service.

(20 U.S.C. 1505) Enacted July 20, 1970, P.L. 91-345, sec. 6, 84 Stat. 442; amended May 3, 1973, P.L. 93-29, sec. 802(b), 87 Stat. 59.

AUTHORIZATION OF APPROPRIATIONS

SEC. 7. There are hereby authorized to be appropriated $500,000 for the fiscal year ending June 30, 1970, and $750,000 for the fiscal year ending June 30, 1971, and for each succeeding year, for the purpose of carrying out the provisions of this Act.

(20 U.S.C. 1506) Enacted July 20, 1970, sec. 7, 84 Stat. 442.

EDUCATIONAL TELEVISION

Title III, Part IV, Communications Act of 1934

PART IV-ASSISTANCE FOR PUBLIC TELECOMMUNICATIONS FACILITIES; TELECOMMUNICATIONS DEMONSTRATIONS; CORPORATION FOR PUBLIC BROADCASTING 1

Subpart A-Assistance for Public Telecommunications Facilities2

DECLARATION OF PURPOSE

SEC. 390. The purpose of this subpart is to assist, through matching grants, in the planning and construction of public telecommunications facilities in order to achieve the following objectives: (1) extend delivery of public telecommunications services to as many citizens of the United States as possible by the most efficient and economical means, including the use of broadcast and nonbroadcast technologies; (2) increase public telecommunications services and facilities available to, operated by, and owned by minorities and women; and (3) strengthen the capability of existing public television and radio stations to provide public telecommunications services to the public.

(47 U.S.C. 390) Enacted May 1, 1962, P.L. 87-477, 76 Stat. 64; amended Nov. 7, 1967, P.L. 90-129, secs. 103(a), 201(1), 81 Stat. 365, 367; amended June 5, 1976, P.L. 94-309, sec. 2(c), 90 Stat. 683; amended Nov. 2, 1978, P.L. 95-567, sec. 101, 92 Stat. 2405.

AUTHORIZATION OF APPROPRIATIONS

SEC. 391. There are authorized to be appropriated $40,000,000 for each of the fiscal years 1979, 1980, and 1981, to be used by the Secretary of Commerce to assist in the planning and construction of public telecommunications facilities as provided in this subpart. Sums appropriated under this subpart for any fiscal year shall remain available until expended for payment of grants for projects for which applications approved by the Secretary pursuant to this subpart have been submitted within such fiscal year. Sums appropriated under this subpart may be used by the Secretary to cover the cost of administering the provisions of this subpart.

(47 U.S.C. 391) Enacted May 1, 1962, P.L. 87-477, 76 Stat. 65; amended Nov. 7, 1967, P.L. 90-129, sec. 101, 81 Stat. 365; amended Oct. 27, 1969, P.L. 91-97, sec. 2(a), (b), 83 Stat. 146; amended Aug. 6, 1973, P.L. 93-84, sec. 1, 87 Stat. 219; amended June 5, 1976, P.L. 94-309, sec. 3, 90 Stat. 683; amended Nov. 2, 1978, P.L. 95-567, sec. 102, 92 Stat. 2405.

GRANTS FOR CONSTRUCTION AND PLANNING

SEC. 392. (a) For each project for the construction of public telecommunications facilities there shall be submitted to the Secretary an application for a grant containing such information with respect to such project as the Secretary may require, including the total

1The heading of Part IV of Title III amended June 5, 1976, P.L. 94-309, sec. 2(a), 90 Stat. 683; amended Nov. 2, 1978, P.L. 95-567, sec. 106(a), 92 Stat. 2409.

2The heading of Subpart A of Part IV amended June 5, 1976, P.L. 94-309, sec. 2(a), 90 Stat. 683; amended Nov. 2, 1978, P.L. 95-567, sec. 106(b), 92 Stat. 2409.

cost of such project, the amount of the grant requested for such project, and a 5-year plan outlining the applicant's projected facilities requirements and the projected costs of such facilities requirements. Each applicant shall also provide assurances satisfactory to the Secretary that

(1) the applicant is (A) a public broadcast station: (B) a noncommercial telecommunications entity: (C) a system of public telecommunications entities; (D) a nonprofit foundation, corporation, institution, or association organized primarily for educational or cultural purposes; or (E) a State or local government (or any agency thereof), or a political or special purpose subdivision of a State;

(2) the operation of such public telecommunications facilities will be under the control of the applicant;

(3) necessary funds to construct, operate, and maintain such public telecommunications facilities will be available when needed;

(4) such public telecommunications facilities will be used only for the provision of public telecommunications services;

(5) the applicant has participated in comprehensive planning for such public telecommunications facilities in the area which the applicant proposes to serve, and such planning has included an evaluation of alternate technologies and coordination with State educational television and radio agencies, as appropriate; and

(6) the applicant will make the most efficient use of the grant.

(b) Upon approving any application under this section with respect to any project for the construction of public telecommunications facilities, the Secretary shall make a grant to the applicant in an amount determined by the Secretary, except that such amount shall not exceed 75 percent of the amount determined by the Secretary to be the reasonable and necessary cost of such project.

(c) The Secretary may provide such funds as the Secretary deems necessary for the planning of any project for which construction funds may be obtained under this section. An applicant for a planning grant shall provide such information with respect to such project as the Secretary may require and shall provide assurances satisfactory to the Secretary that the applicant meets the eligible requirements of subsection (a) of this section to receive construction assistance.

(d) Any studies conducted by or for any grant recipient under this section shall be provided to the Secretary, if such studies are conducted through the use of funds received under this section.

(e) The Secretary shall establish such rules and regulations as may be necessary to carry out this subpart, including rules and regulations relating to the order of priority in approving applications for construction projects and relating to determining the amount of each grant for such projects.

(f) In establishing criteria for grants pursuant to section 393 of this title and in establishing procedures relating to the order of priority established in subsection (e) of this section in approving applications for grants, the Secretary shall give special consideration to applications which would increase minority and women's ownership of, operation of, and participation in public telecommunica

tions entities. The Secretary shall take affirmative steps to inform minorities and women of the availability of funds under this subpart, and the localities where new public telecommunications facilities are needed, and to provide such other assistance and information as may be appropriate.

(g) If, within 10 years after completion of any project for construction of public telecommunications facilities with respect to which a grant has been made under this section

(1) the applicant or other owner of such facilities ceases to be an agency, institution, foundation, corporation, association, or other entity described in subsection (a)(1) of this section; or

(2) such facilities cease to be used only for the provision of public telecommunications services (unless the Secretary determines, in accordance with regulations, that there is good cause for releasing the applicant or other owner from the obligation to do so);

the United States shall be entitled to recover from the applicant or other owner of such facilities the amount bearing the same ratio to the value of such facilities at the time the applicant ceases to be such an entity or at the time of such determination (as determined by agreement of the parties or by action brought in the United States district court for the district in which such facilities are situated), as the amount of the Federal participation bore to the cost of construction of such facilities.

(h) Each recipient of assistance under this subpart shall keep such records as may be reasonably necessary to enable the Secretary to carry out the functions of the Secretary under this subpart, including a complete and itemized inventory of all public telecommunications facilities under the control of such recipient, and records which fully disclose the amount and the disposition by such recipient of the proceeds of such assistance, the total cost of the project in connection with which such assistance is given or used, the amount and nature of that portion of the cost of the project supplied by other sources, and such other records as will facilitate an effective audit.

(i) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of any recipient of assistance under this subpart that are pertinent to assistance received under this subpart.

(47 U.S.C. 392) Enacted May 1, 1962, P.L. 87-447, 76 Stat. 65; amended Nov. 7, 1967, P.L. 90-129, secs. 102, 103(b)-(e), 104, 81 Stat. 365-367; amended June 5, 1976, P.L. 94-309, sec. 4, 90 Stat. 683, 684; amended Nov. 2, 1978, P.L. 95-567, sec. 103(a) 92 Stat. 2405.

SEC. 392A. Repealed Nov. 2, 1978, P.L. 95-567, sec. 201, 92 Stat. 2409.

CRITERIA FOR APPROVAL AND EXPENDITURES BY SECRETARY OF

COMMERCE

SEC. 393. (a) The Secretary, in consultation with the Corporation, public telecommunications entities, and as appropriate with others, shall establish criteria for making construction and planning grants. Such criteria shall be consistent with the objectives and

provisions set forth in this subpart, and shall be made available to interested parties upon request.

(b) The Secretary shall base determinations of whether to approve applications for grants under this subpart, and the amount of such grants, on criteria developed pursuant to subsection (a) of this section and designed to achieve

(1) the provision of new telecommunications facilities to extend service to areas currently not receiving public telecommunications services;

(2) the expansion of the service areas of existing public telecommunications entities;

(3) the development of public telecommunications facilities owned by, operated by, and available to minorities and women; and

(4) the improvement of the capabilities of existing public broadcast stations to provide public telecommunications services.

(c) of the funds appropriated pursuant to section 391 of this title for any fiscal year, not less than 75 percent shall be available to extend delivery of public telecommunications services to areas not receiving such services through grants for facilities of new and existing public telecommunications entities, and preoperational expenses associated with such facilities. In choosing among applicants for grants, the Secretary shall compare the advantages of alternate technologies on the basis of costs and benefits.

(d) of the sums appropriated pursuant to section 391 of this title for any fiscal year, a substantial amount shall be available for the expansion and development of noncommerical radio broadcast station facilities.

(47 U.S.C. 393) Enacted May 1, 1962, P.L. 87-447, 76 Stat. 66; amended Nov. 7, 1967, P.L. 90-129, sec. 201(2), 81 Stat. 367; amended Nov. 2, 1978, P.L. 95-567, sec. 104, 92 Stat. 2408.

LONG-RANGE PLANNING FOR FACILITIES

SEC. 394. (a) The Secretary, in consultation with the Corporation, public telecommunications entities, and as appropriate with other parties, shall develop a long-range plan to accomplish the objectives set forth in section 390 of this title. Such plan shall include a detailed 5-year projection of the broadcast and nonbroadcast public telecommunications facilities required to meet such objectives, and the expenditures necessary to provide such facilities.

(b) The plan required in subsection (a) of this section shall be updated annually, and a summary of the activities of the Secretary in implementing the plan, shall be submitted concurrently to the President and the Congress not later than the 31st day of December of each year.

(47 U.S.C. 394) Enacted May 1, 1962, P.L. 87-477, 76 Stat. 66; redesignated and amended Nov. 7, 1967, P.L. 90-129, sec. 201(2), (4), 81 Stat. 367; amended Nov. 2, 1978, P.L. 95-567, sec. 105, 92 Stat. 2409.