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(15) The term “Secretary” means the Secretary of Commerce when such term is used in subpart A, and the Secretary of Health, Education, and Welfare when such term is used in subpart B, subpart C, and this subpart.

(16) The term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.

(17) The term "system of public telecommunications entities" means any combination of public telecommunications entities acting cooperatively to produce, acquire, or distribute programs, or to undertake related activities.

(47 U.S.C. 397) Enacted June 19, 1934, c. 652, Title III; amended May 1, 1962, P.L. 87–447, 76 Stat. 67; redesignated and amended Nov. 7, 1967, P.L. 90-129, secs. 103(f), 105, 106, 201(3), (6), 81 Stat. 366-368; amended Dec. 31, 1975, P.L. 94-192, sec. 5, 89 Stat. 1100; amended June 5, 1976, P.L. 94-309, sec. 6, 90 Stat. 684; amended Nov. 2, 1978, P.L. 95–567, sec. 401, 92 Stat. 2422.

FEDERAL INTERFERENCE OR CONTROL PROHIBITED; EQUAL EMPLOYMENT

OPPORTUNITY

SEC. 398(a) Nothing contained in sections 390 to 399 of this title 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 entity.

(b)(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 (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) 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 (2XA), 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 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 Secre tary 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 Sec

retary; the Secretary shall direct the Corporation to reduce or suspend any further

payments of funds under sections 390 to 399 of this title 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.

(47 U.S.C. 398) Enacted June 19, 1934, c. 652; Title III; amended May 1, 1962, P.L. 87-447, 76 Stat. 67; redesignated and amended Nov. 7, 1967, P.L. 90-129, secs. 103(g), 201(3X5), 81 Stat. 367, 368; amended Nov. 2, 1978, P.L. 95-567, sec. 309, 92 Stat. 2420.

EDITORIALIZING AND SUPPORT OF POLITICAL CANDIDATES PROHIBITED;

RECORDINGS OF CERTAIN PROGRAMS

a

SEC. 399. (a) No noncommercial educational broadcasting station may engage in editorializing or may support or oppose any candidate for political office.

(b)(1) Except as provided in paragraph (2), each license which receives assistance under sections 390 to 399 of this title after August 6, 1973 shall retain an audio recording of each of its broadcasts of any program in which any issue of public importance is discussed. Each such recording shall be retained for the sixty-day period beginning on the date on which the licensee broadcasts such program.

(2) The requirements of paragraph (1) shall not apply with respect to a licensee's broadcast of a program if an entity designated by the licensee retains an audio recording of each of the licensee's broadcasts of such a program for the period prescribed by paragraph (1).

(3) Each licensee and entity designated by a licensee under paragraph (2) which retains a recording under paragraph (1) or (2) shall, in the period during which such recording is required under such paragraph to be retained, make a copy of such recording available

(A) to the Commission upon its request, and

(B) to any other person upon payment to the licensee or designated entity (as the case may be) of its reasonable cost of

making such copy. (4) The Commission shall by rule prescribe

(A) the manner in which recording required by this subsection shall be kept, and

(B) the conditions under which they shall be available to per

sons other than the Commission, giving due regard to the goals of eliminating unnecessary expense and effort and minimizing administrative burdens.

(5) From amounts appropriated pursuant to section 391 of this title after June 5, 1976, 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.

(47 U.S.C. 399) Enacted June 19, 1934, c. 652, Title III; amended Nov. 7, 1967, P.L. 90-129, sec. 201(8), 81 Stat. 368; amended Aug. 6, 1973, P.L. 93–84, sec. 2, 87 Stat. 219; amended June 5, 1976, P.L. 94-309, sec. 7, 90 Stat. 685.

Note: Section 402 of the Public Telecommunications Financing Act of 1978 (P.L. 95-567) reads as follows, at 92 Stat. 2424:

"NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION ANNUAL REPORT "SEC. 402. The National Telecommunications and Information Administration shall submit an annual report to the Congress not later than January 31 of each calendar year, beginning with calendar year 1980. Each such report shall relate to the preceding calendar year and shall contain information on the activities of the Administration with respect to domestic communications, international communications, Federal Government communications, spectrum plans and policies, and any other matters.

PART III-RELATED PROGRAMS OF OTHER AGENCIES

National School Lunch Act

AN ACT To provide assistance to the States in the establishment, maintenance,

operation, and expansion of school-lunch programs, 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 National School Lunch Act".1

DECLARATION OF POLICY

SEC. 2. It is hereby declared to be the policy of Congress, as a measure of national security, to safeguard the health and wellbeing of the Nation's children and to encourage the domestic consumption of nutritious agricultural commodities and other food, by assisting the States, through grants-in-aid and other means, in providing an adequate supply of foods and other facilities for the establishment, maintenance, operation, and expansion of nonprofit school-lunch programs.

APPROPRIATIONS AUTHORIZED

66

SEC. 3.1 For each fiscal year2 there is hereby authorized to be appropriated, out of money in the Treasury not otherwise appropriated, such sums as may be necessary to enable the Secretary of Agriculture (hereinafter referred to as “the Secretary”) to carry out the provisions of this Act, other than sections 13, 17 and 19. Appropriations to carry out the provisions of this Act and of the Child Nutrition Act of 1966 for any fiscal year are authorized to be a year in advance of the beginning of the fiscal year in which the funds will become available for disbursement to the States. Notwithstanding any other provision of law, and funds appropriated to carry out the provisions of such Acts shall remain available for the purposes of the Act for which appropriated until expended.

APPORTIONMENTS TO STATES

SEC. 4.3 The sums appropriated for any fiscal year pursuant to the authorization contained in section 3 of this Act, excluding the sum specified in section 5, shall be available to the Secretary for

i Public Law 79-396, 60 Stat. 230.

1 Sec. 3 was amended by Public Law 87-823, 76 Stat. 944, approved Oct. 15, 1962, further amended by Public Law 90-302, 82 Stat. 117, approved May 8, 1968, to include the exception of new sec. 13 as well as sec. 11. Final two sentences were added by Public Law 94-248, 84 Stat. 207, approved May 14, 1970. Technical amendment made by Public Law 94-105, 89 Stat. 529, approved October 7, 1975.

2 Section 111(a) of Public Law 94-274 (Enacted April 21, 1976, 90 Stat. 388) provides that the phrase "fiscal year” includes the period of July 1, 1976, through September 30, 1976. Section 111 further provides that unless the context indicates otherwise, this definition of fiscal year applies to sections 4, 6(a), 7, 8, 10, and 11 of the National School Lunch Act, as amended.

3 Sec. 4 was amended by the act of Oct. 15, 1962, Public Law 87-823, 76 Stat. 944. Amended further by Public Law 92-433, 86 Stat. 724, approved Sept. 26, 1972. Further amended by P.L. 93-150, 87 Stat. 560.

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