
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-20 Section 2702]
[CITE: 47USC396]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
          SUBCHAPTER III--SPECIAL PROVISIONS RELATING TO RADIO
 
      Part IV--Assistance for Planning and Construction of Public 
   Telecommunications Facilities; Telecommunications Demonstrations; 
         Corporation for Public Broadcasting; General Provisions
 
             subpart d--corporation for public broadcasting
 
Sec. 396. Corporation for Public Broadcasting


(a) Congressional declaration of policy

    The Congress hereby finds and declares that--
        (1) it is in the public interest to encourage the growth and 
    development of public radio and television broadcasting, including 
    the use of such media for instructional, educational, and cultural 
    purposes;
        (2) it is in the public interest to encourage the growth and 
    development of nonbroadcast telecommunications technologies for the 
    delivery of public telecommunications services;
        (3) expansion and development of public telecommunications and 
    of diversity of its programming depend on freedom, imagination, and 
    initiative on both local and national levels;
        (4) the encouragement and support of public telecommunications, 
    while matters of importance for private and local development, are 
    also of appropriate and important concern to the Federal Government;
        (5) it furthers the general welfare to encourage public 
    telecommunications services which will be responsive to the 
    interests of people both in particular localities and throughout the 
    United States, which will constitute an expression of diversity and 
    excellence, and which will constitute a source of alternative 
    telecommunications services for all the citizens of the Nation;
        (6) it is in the public interest to encourage the development of 
    programming that involves creative risks and that addresses the 
    needs of unserved and underserved audiences, particularly children 
    and minorities;
        (7) it is necessary and appropriate for the Federal Government 
    to complement, assist, and support a national policy that will most 
    effectively make public telecommunications services available to all 
    citizens of the United States;
        (8) public television and radio stations and public 
    telecommunications services constitute valuable local community 
    resources for utilizing electronic media to address national 
    concerns and solve local problems through community programs and 
    outreach programs;
        (9) it is in the public interest for the Federal Government to 
    ensure that all citizens of the United States have access to public 
    telecommunications services through all appropriate available 
    telecommunications distribution technologies; and
        (10) a private corporation should be created to facilitate the 
    development of public telecommunications and to afford maximum 
    protection from extraneous interference and control.

(b) Establishment of Corporation; application of District of Columbia 
        Nonprofit Corporation Act

    There is authorized to be established a nonprofit corporation, to be 
known as the ``Corporation for Public Broadcasting'', which will not be 
an agency or establishment of the United States Government. The 
Corporation shall be subject to the provisions of this section, and, to 
the extent consistent with this section, to the District of Columbia 
Nonprofit Corporation Act [D.C. Code, Sec. 29-501 et seq.].

(c) Board of Directors; functions, duties, etc.

    (1) The Corporation for Public Broadcasting shall have a Board of 
Directors (hereinafter in this section referred to as the ``Board''), 
consisting of 9 members appointed by the President, by and with the 
advice and consent of the Senate. No more than 5 members of the Board 
appointed by the President may be members of the same political party.
    (2) The 9 members of the Board appointed by the President (A) shall 
be selected from among citizens of the United States (not regular full-
time employees of the United States) who are eminent in such fields as 
education, cultural and civic affairs, or the arts, including radio and 
television; and (B) shall be selected so as to provide as nearly as 
practicable a broad representation of various regions of the Nation, 
various professions and occupations, and various kinds of talent and 
experience appropriate to the functions and responsibilities of the 
Corporation.
    (3) Of the members of the Board appointed by the President under 
paragraph (1), one member shall be selected from among individuals who 
represent the licensees and permittees of public television stations, 
and one member shall be selected from among individuals who represent 
the licensees and permittees of public radio stations.
    (4) The members of the initial Board of Directors shall serve as 
incorporators and shall take whatever actions are necessary to establish 
the Corporation under the District of Columbia Nonprofit Corporation Act 
[D.C. Code, Sec. 29-501 et seq.].
    (5) The term of office of each member of the Board appointed by the 
President shall be 6 years, except as provided in section 5(c) of the 
Public Telecommunications Act of 1992. Any member whose term has expired 
may serve until such member's successor has taken office, or until the 
end of the calendar year in which such member's term has expired, 
whichever is earlier. Any member appointed to fill a vacancy occurring 
prior to the expiration of the term for which such member's predecessor 
was appointed shall be appointed for the remainder of such term. No 
member of the Board shall be eligible to serve in excess of 2 
consecutive full terms.
    (6) Any vacancy in the Board shall not affect its power, but shall 
be filled in the manner consistent with this chapter.
    (7) Members of the Board shall attend not less than 50 percent of 
all duly convened meetings of the Board in any calendar year. A member 
who fails to meet the requirement of the preceding sentence shall 
forfeit membership and the President shall appoint a new member to fill 
such vacancy not later than 30 days after such vacancy is determined by 
the Chairman of the Board.

(d) Election of Chairman and Vice Chairman; compensation of Board 
        members

    (1) Members of the Board shall annually elect one of their members 
to be Chairman and elect one or more of their members as a Vice Chairman 
or Vice Chairmen.
    (2) The members of the Board shall not, by reason of such 
membership, be deemed to be officers or employees of the United States. 
They shall, while attending meetings of the Board or while engaged in 
duties related to such meetings or other activities of the Board 
pursuant to this subpart, be entitled to receive compensation at the 
rate of $150 per day, including traveltime. No Board member shall 
receive compensation of more than $10,000 in any fiscal year. While away 
from their homes or regular places of business, Board members shall be 
allowed travel and actual, reasonable, and necessary expenses.

(e) Officers and employees; term of office, compensation, 
        qualifications, and removal; political party affiliation, 
        political test or qualification when taking personnel actions

    (1) The Corporation shall have a President, and such other officers 
as may be named and appointed by the Board for terms and at rates of 
compensation fixed by the Board. No officer or employee of the 
Corporation may be compensated by the Corporation at an annual rate of 
pay which exceeds the rate of basic pay in effect from time to time for 
level I of the Executive Schedule under section 5312 of title 5. No 
individual other than a citizen of the United States may be an officer 
of the Corporation. No officer of the Corporation, other than the 
Chairman or a Vice Chairman, may receive any salary or other 
compensation (except for compensation for services on boards of 
directors of other organizations that do not receive funds from the 
Corporation, on committees of such boards, and in similar activities for 
such organizations) from any sources other than the Corporation for 
services rendered during the period of his or her employment by the 
Corporation. Service by any officer on boards of directors of other 
organizations, on committees of such boards, and in similar activities 
for such organizations shall be subject to annual advance approval by 
the Board and subject to the provisions of the Corporation's Statement 
of Ethical Conduct. All officers shall serve at the pleasure of the 
Board.
    (2) Except as provided in the second sentence of subsection (c)(1) 
of this section, no political test or qualification shall be used in 
selecting, appointing, promoting, or taking other personnel actions with 
respect to officers, agents, and employees of the Corporation.

(f) Nonprofit and nonpolitical nature of Corporation

    (1) The Corporation shall have no power to issue any shares of 
stock, or to declare or pay any dividends.
    (2) No part of the income or assets of the Corporation shall inure 
to the benefit of any director, officer, employee, or any other 
individual except as salary or reasonable compensation for services.
    (3) The Corporation may not contribute to or otherwise support any 
political party or candidate for elective public office.

(g) Purposes and activities of Corporation; powers under District of 
        Columbia Nonprofit Corporation Act

    (1) In order to achieve the objectives and to carry out the purposes 
of this subpart, as set out in subsection (a) of this section, the 
Corporation is authorized to--
        (A) facilitate the full development of public telecommunications 
    in which programs of high quality, diversity, creativity, 
    excellence, and innovation, which are obtained from diverse sources, 
    will be made available to public telecommunications entities, with 
    strict adherence to objectivity and balance in all programs or 
    series of programs of a controversial nature;
        (B) assist in the establishment and development of one or more 
    interconnection systems to be used for the distribution of public 
    telecommunications services so that all public telecommunications 
    entities may disseminate such services at times chosen by the 
    entities;
        (C) assist in the establishment and development of one or more 
    systems of public telecommunications entities throughout the United 
    States; and
        (D) carry out its purposes and functions and engage in its 
    activities in ways that will most effectively assure the maximum 
    freedom of the public telecommunications entities and systems from 
    interference with, or control of, program content or other 
    activities.

    (2) In order to carry out the purposes set forth in subsection (a) 
of this section, the Corporation is authorized to--
        (A) obtain grants from and make contracts with individuals and 
    with private, State, and Federal agencies, organizations, and 
    institutions;
        (B) contract with or make grants to public telecommunications 
    entities, national, regional, and other systems of public 
    telecommunications entities, and independent producers and 
    production entities, for the production or acquisition of public 
    telecommunications services to be made available for use by public 
    telecommunications entities, except that--
            (i) to the extent practicable, proposals for the provision 
        of assistance by the Corporation in the production or 
        acquisition of programs or series of programs shall be evaluated 
        on the basis of comparative merit by panels of outside experts, 
        representing diverse interests and perspectives, appointed by 
        the Corporation; and
            (ii) nothing in this subparagraph shall be construed to 
        prohibit the exercise by the Corporation of its prudent business 
        judgement with respect to any grant to assist in the production 
        or acquisition of any program or series of programs recommended 
        by any such panel;

        (C) make payments to existing and new public telecommunications 
    entities to aid in financing the production or acquisition of public 
    telecommunications services by such entities, particularly 
    innovative approaches to such services, and other costs of operation 
    of such entities;
        (D) establish and maintain, or contribute to, a library and 
    archives of noncommercial educational and cultural radio and 
    television programs and related materials and develop public 
    awareness of, and disseminate information about, public 
    telecommunications services by various means, including the 
    publication of a journal;
        (E) arrange, by grant to or contract with appropriate public or 
    private agencies, organizations, or institutions, for 
    interconnection facilities suitable for distribution and 
    transmission of public telecommunications services to public 
    telecommunications entities;
        (F) hire or accept the voluntary services of consultants, 
    experts, advisory boards, and panels to aid the Corporation in 
    carrying out the purposes of this subpart;
        (G) conduct (directly or through grants or contracts) research, 
    demonstrations, or training in matters related to public television 
    or radio broadcasting and the use of nonbroadcast communications 
    technologies for the dissemination of noncommercial educational and 
    cultural television or radio programs;
        (H) make grants or contracts for the use of nonbroadcast 
    telecommunications technologies for the dissemination to the public 
    of public telecommunications services; and
        (I) take such other actions as may be necessary to accomplish 
    the purposes set forth in subsection (a) of this section.

Nothing contained in this paragraph shall be construed to commit the 
Federal Government to provide any sums for the payment of any obligation 
of the Corporation which exceeds amounts provided in advance in 
appropriation Acts.
    (3) To carry out the foregoing purposes and engage in the foregoing 
activities, the Corporation shall have the usual powers conferred upon a 
nonprofit corporation by the District of Columbia Nonprofit Corporation 
Act [D.C. Code, Sec. 29-501 et seq.], except that the Corporation is 
prohibited from--
        (A) owning or operating any television or radio broadcast 
    station, system, or network, community antenna television system, 
    interconnection system or facility, program production facility, or 
    any public telecommunications entity, system, or network; and
        (B) producing programs, scheduling programs for dissemination, 
    or disseminating programs to the public.

    (4) All meetings of the Board of Directors of the Corporation, 
including any committee of the Board, shall be open to the public under 
such terms, conditions, and exceptions as are set forth in subsection 
(k)(4) of this section.
    (5) The Corporation, in consultation with interested parties, shall 
create a 5-year plan for the development of public telecommunications 
services. Such plan shall be updated annually by the Corporation.

(h) Free or reduced rate interconnection service; access to facilities

    (1) Nothing in this chapter, or in any other provision of law, shall 
be construed to prevent United States communications common carriers 
from rendering free or reduced rate communications interconnection 
services for public television or radio services, subject to such rules 
and regulations as the Commission may prescribe.
    (2) Subject to such terms and conditions as may be established by 
public telecommunications entities receiving space satellite 
interconnection facilities or services purchased or arranged for, in 
whole or in part, with funds authorized under this part, other public 
telecommunications entities shall have reasonable access to such 
facilities or services for the distribution of educational and cultural 
programs to public telecommunications entities. Any remaining capacity 
shall be made available to other persons for the transmission of 
noncommercial educational and cultural programs and program information 
relating to such programs, to public telecommunications entities, at a 
charge or charges comparable to the charge or charges, if any, imposed 
upon a public telecommunications entity for the distribution of 
noncommercial educational and cultural programs to public 
telecommunications entities. No such person shall be denied such access 
whenever sufficient capacity is available.

(i) Report to Congress

    (1) The Corporation shall submit an annual report for the preceding 
fiscal year ending September 30 to the President for transmittal to the 
Congress on or before the 15th day of May of each year. The report shall 
include--
        (A) a comprehensive and detailed report of the Corporation's 
    operations, activities, financial condition, and accomplishments 
    under this subpart and such recommendations as the Corporation deems 
    appropriate;
        (B) a comprehensive and detailed inventory of funds distributed 
    by Federal agencies to public telecommunications entities during the 
    preceding fiscal year;
        (C) a listing of each organization that receives a grant from 
    the Corporation to produce programming, the name of the producer of 
    any programming produced under each such grant, the title or 
    description of any program so produced, and the amount of each such 
    grant; \1\
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    \1\ So in original. Probably should be followed by ``and''.
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        (D) the summary of the annual report provided to the Secretary 
    pursuant to section 398(b)(4) of this title.

    (2) The officers and directors of the Corporation shall be available 
to testify before appropriate committees of the Congress with respect to 
such report, the report of any audit made by the Comptroller General 
pursuant to subsection (l) of this section, or any other matter which 
such committees may determine.

(j) Repeal, alteration, or amendment

    The right to repeal, alter, or amend this section at any time is 
expressly reserved.

(k) Financing restrictions

    (1)(A) There is hereby established in the Treasury a fund which 
shall be known as the Public Broadcasting Fund (hereinafter in this 
subsection referred to as the ``Fund''), to be administered by the 
Secretary of the Treasury.
    (B) There is authorized to be appropriated to the Fund for each of 
the fiscal years 1978, 1979, and 1980, an amount equal to 40 percent of 
the total amount of non-Federal financial support received by public 
broadcasting entities during the fiscal year second preceding each such 
fiscal year, except that the amount so appropriated shall not exceed 
$121,000,000 for fiscal year 1978, $140,000,000 for fiscal year 1979, 
and $160,000,000 for fiscal year 1980.
    (C) There is authorized to be appropriated to the Fund, for each of 
the fiscal years 1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, 
1990, 1991, 1992, and 1993, an amount equal to 40 percent of the total 
amount of non-Federal financial support received by public broadcasting 
entities during the fiscal year second preceding each such fiscal year, 
except that the amount so appropriated shall not exceed $265,000,000 for 
fiscal year 1992, $285,000,000 for fiscal year 1993, $310,000,000 for 
fiscal year 1994, $375,000,000 for fiscal year 1995, and $425,000,000 
for fiscal year 1996.
    (D) Funds appropriated under this subsection shall remain available 
until expended.
    (E) In recognition of the importance of educational programs and 
services, and the expansion of public radio services, to unserved and 
underserved audiences, the Corporation, after consultation with the 
system of public telecommunications entities, shall prepare and submit 
to the Congress an annual report for each of the fiscal years 1994, 
1995, and 1996 on the Corporation's activities and expenditures relating 
to those programs and services.
    (2)(A) The funds authorized to be appropriated by this subsection 
shall be used by the Corporation, in a prudent and financially 
responsible manner, solely for its grants, contracts, and administrative 
costs, except that the Corporation may not use any funds appropriated 
under this subpart for purposes of conducting any reception, or 
providing any other entertainment, for any officer or employee of the 
Federal Government or any State or local government. The Corporation 
shall determine the amount of non-Federal financial support received by 
public broadcasting entities during each of the fiscal years referred to 
in paragraph (1) for the purpose of determining the amount of each 
authorization, and shall certify such amount to the Secretary of the 
Treasury, except that the Corporation may include in its certification 
non-Federal financial support received by a public broadcasting entity 
during its most recent fiscal year ending before September 30 of the 
year for which certification is made. Upon receipt of such 
certification, the Secretary of the Treasury shall make available to the 
Corporation, from such funds as may be appropriated to the Fund, the 
amount authorized for each of the fiscal years pursuant to the 
provisions of this subsection.
    (B) Funds appropriated and made available under this subsection 
shall be disbursed by the Secretary of the Treasury on a fiscal year 
basis.
    (3)(A)(i) The Corporation shall establish an annual budget for use 
in allocating amounts from the Fund. Of the amounts appropriated into 
the Fund available for allocation for any fiscal year--
        (I) $10,200,000 shall be available for the administrative 
    expenses of the Corporation for fiscal year 1989, and for each 
    succeeding fiscal year the amount which shall be available for such 
    administrative expenses shall be the sum of the amount made 
    available to the Corporation under this subclause for such expenses 
    in the preceding fiscal year plus the greater of 4 percent of such 
    amount or a percentage of such amount equal to the percentage change 
    in the Consumer Price Index, except that none of the amounts 
    allocated under subclauses (II), (III), and (IV) and clause (v) 
    shall be used for any administrative expenses of the Corporation and 
    not more than 5 percent of all the amounts appropriated into the 
    Fund available for allocation for any fiscal year shall be available 
    for such administrative expenses;
        (II) 6 percent of such amounts shall be available for expenses 
    incurred by the Corporation for capital costs relating to 
    telecommunications satellites, the payment of programming royalties 
    and other fees, the costs of interconnection facilities and 
    operations (as provided in clause (iv)(I)), and grants which the 
    Corporation may make for assistance to stations that broadcast 
    programs in languages other than English or for assistance in the 
    provision of affordable training programs for employees at public 
    broadcast stations, and if the available funding level permits, for 
    projects and activities that will enhance public broadcasting;
        (III) 75 percent of the remainder (after allocations are made 
    under subclause (I) and subclause (II)) shall be allocated in 
    accordance with clause (ii); and
        (IV) 25 percent of such remainder shall be allocated in 
    accordance with clause (iii).

    (ii) Of the amounts allocated under clause (i)(III) for any fiscal 
year--
        (I) 75 percent of such amounts shall be available for 
    distribution among the licensees and permittees of public television 
    stations pursuant to paragraph (6)(B); and
        (II) 25 percent of such amounts shall be available for 
    distribution under subparagraph (B)(i), and in accordance with any 
    plan implemented under paragraph (6)(A), for national public 
    television programming.

    (iii) Of the amounts allocated under clause (i)(IV) for any fiscal 
year--
        (I) 70 percent of such amounts shall be available for 
    distribution among the licensees and permittees of public radio 
    stations pursuant to paragraph (6)(B);
        (II) 7 percent of such amounts shall be available for 
    distribution under subparagraph (B)(i) for public radio programming; 
    and
        (III) 23 percent of such amounts shall be available for 
    distribution among the licensees and permittees of public radio 
    stations pursuant to paragraph (6)(B), solely to be used for 
    acquiring or producing programming that is to be distributed 
    nationally and is designed to serve the needs of a national 
    audience.

    (iv)(I) From the amount provided pursuant to clause (i)(II), the 
Corporation shall defray an amount equal to 50 percent of the total 
costs of interconnection facilities and operations to facilitate the 
availability of public television and radio programs among public 
broadcast stations.
    (II) Of the amounts received as the result of any contract, lease 
agreement, or any other arrangement under which the Corporation directly 
or indirectly makes available interconnection facilities, 50 percent of 
such amounts shall be distributed to the licensees and permittees of 
public television stations and public radio stations. The Corporation 
shall not have any authority to establish any requirements, guidelines, 
or limitations with respect to the use of such amounts by such licensees 
and permittees.
    (v) Of the interest on the amounts appropriated into the Fund which 
is available for allocation for any fiscal year--
        (I) 75 percent shall be available for distribution for the 
    purposes referred to in clause (ii)(II); and
        (II) 25 percent shall be available for distribution for the 
    purposes referred to in clause (iii)(II) and (III).

    (B)(i) The Corporation shall utilize the funds allocated pursuant to 
subparagraph (A)(ii)(II) and subparagraph (A)(iii)(II) to make grants 
for production of public television or radio programs by independent 
producers and production entities and public telecommunications 
entities, producers of national children's educational programming, and 
producers of programs addressing the needs and interests of minorities, 
and for acquisition of such programs by public telecommunications 
entities. The Corporation may make grants to public telecommunications 
entities and producers for the production of programs in languages other 
than English. Of the funds utilized pursuant to this clause, a 
substantial amount shall be distributed to independent producers and 
production entities, producers of national children's educational 
programming, and producers of programming addressing the needs and 
interests of minorities for the production of programs.
    (ii) All funds available for distribution under clause (i) shall be 
distributed to entities outside the Corporation and shall not be used 
for the general administrative costs of the Corporation, the salaries or 
related expenses of Corporation personnel and members of the Board, or 
for expenses of consultants and advisers to the Corporation.
    (iii)(I) For fiscal year 1990 and succeeding fiscal years, the 
Corporation shall, in carrying out its obligations under clause (i) with 
respect to public television programming, provide adequate funds for an 
independent production service.
    (II) Such independent production service shall be separate from the 
Corporation and shall be incorporated under the laws of the District of 
Columbia for the purpose of contracting with the Corporation for the 
expenditure of funds for the production of public television programs by 
independent producers and independent production entities.
    (III) The Corporation shall work with organizations or associations 
of independent producers or independent production entities to develop a 
plan and budget for the operation of such service that is acceptable to 
the Corporation.
    (IV) The Corporation shall ensure that the funds provided to such 
independent production service shall be used exclusively in pursuit of 
the Corporation's obligation to expand the diversity and innovativeness 
of programming available to public broadcasting.
    (V) The Corporation shall report annually to Congress regarding the 
activities and expenditures of the independent production service, 
including carriage and viewing information for programs produced or 
acquired with funds provided pursuant to subclause (I). At the end of 
fiscal years 1992, 1993, 1994, and 1995, the Corporation shall submit a 
report to Congress evaluating the performance of the independent 
production service in light of its mission to expand the diversity and 
innovativeness of programming available to public broadcasting.
    (VI) The Corporation shall not contract to provide funds to any such 
independent production service, unless that service agrees to comply 
with public inspection requirements established by the Corporation 
within 3 months after August 26, 1992. Under such requirements the 
service shall maintain at its offices a public file, updated regularly, 
containing information relating to the service's award of funds for the 
production of programming. The information shall be available for public 
inspection and copying for at least 3 years and shall be of the same 
kind as the information required to be maintained by the Corporation 
under subsection (l)(4)(B) of this section.
    (4) Funds may not be distributed pursuant to this subsection to the 
Public Broadcasting Service or National Public Radio (or any successor 
organization), or to the licensee or permittee of any public broadcast 
station, unless the governing body of any such organization, any 
committee of such governing body, or any advisory body of any such 
organization, holds open meetings preceded by reasonable notice to the 
public. All persons shall be permitted to attend any meeting of the 
board, or of any such committee or body, and no person shall be 
required, as a condition to attendance at any such meeting, to register 
such person's name or to provide any other information. Nothing 
contained in this paragraph shall be construed to prevent any such 
board, committee, or body from holding closed sessions to consider 
matters relating to individual employees, proprietary information, 
litigation and other matters requiring the confidential advice of 
counsel, commercial or financial information obtained from a person on a 
privileged or confidential basis, or the purchase of property or 
services whenever the premature exposure of such purchase would 
compromise the business interests of any such organization. If any such 
meeting is closed pursuant to the provisions of this paragraph, the 
organization involved shall thereafter (within a reasonable period of 
time) make available to the public a written statement containing an 
explanation of the reasons for closing the meeting.
    (5) Funds may not be distributed pursuant to this subsection to any 
public telecommunications entity that does not maintain for public 
examination copies of the annual financial and audit reports, or other 
information regarding finances, submitted to the Corporation pursuant to 
subsection (l)(3)(B) of this section.
    (6)(A) The Corporation shall conduct a study and prepare a plan, in 
consultation with public television licensees (or designated 
representatives of those licensees) and the Public Broadcasting Service, 
on how funds available to the Corporation under paragraph (3)(A)(ii)(II) 
can be best allocated to meet the objectives of this chapter with regard 
to national public television programming. The plan, which shall be 
based on the conclusions resulting from the study, shall be submitted by 
the Corporation to the Congress not later than January 31, 1990. Unless 
directed otherwise by an Act of Congress, the Corporation shall 
implement the plan during the first fiscal year beginning after the 
fiscal year in which the plan is submitted to Congress.
    (B) The Corporation shall make a basic grant from the portion 
reserved for television stations under paragraph (3)(A)(ii)(I) to each 
licensee and permittee of a public television station that is on the 
air. The Corporation shall assist radio stations to maintain and improve 
their service where public radio is the only broadcast service 
available. The balance of the portion reserved for television stations 
and the total portion reserved for radio stations under paragraph 
(3)(A)(iii)(I) shall be distributed to licensees and permittees of such 
stations in accordance with eligibility criteria (which the Corporation 
shall review periodically in consultation with public radio and 
television licensees or permittees, or their designated representatives) 
that promote the public interest in public broadcasting, and on the 
basis of a formula designed to--
        (i) provide for the financial needs and requirements of stations 
    in relation to the communities and audiences such stations undertake 
    to serve;
        (ii) maintain existing, and stimulate new, sources of non-
    Federal financial support for stations by providing incentives for 
    increases in such support; and
        (iii) assure that each eligible licensee and permittee of a 
    public radio station receives a basic grant.

    (7) The funds distributed pursuant to paragraph (3)(A)(ii)(I) and 
(iii)(I) may be used at the discretion of the recipient for purposes 
related primarily to the production or acquisition of programming.
    (8)(A) Funds may not be distributed pursuant to this subpart to any 
public broadcast station (other than any station which is owned and 
operated by a State, a political or special purpose subdivision of a 
State, or a public agency) unless such station establishes a community 
advisory board. Any such station shall undertake good faith efforts to 
assure that (i) its advisory board meets at regular intervals; (ii) the 
members of its advisory board regularly attend the meetings of the 
advisory board; and (iii) the composition of its advisory board are \2\ 
reasonably representative of the diverse needs and interests of the 
communities served by such station.
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    \2\ So in original. Probably should be ``is''.
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    (B) The board shall be permitted to review the programming goals 
established by the station, the service provided by the station, and the 
significant policy decisions rendered by the station. The board may also 
be delegated any other responsibilities, as determined by the governing 
body of the station. The board shall advise the governing body of the 
station with respect to whether the programming and other policies of 
such station are meeting the specialized educational and cultural needs 
of the communities served by the station, and may make such 
recommendations as it considers appropriate to meet such needs.
    (C) The role of the board shall be solely advisory in nature, except 
to the extent other responsibilities are delegated to the board by the 
governing body of the station. In no case shall the board have any 
authority to exercise any control over the daily management or operation 
of the station.
    (D) In the case of any public broadcast station (other than any 
station which is owned and operated by a State, a political or special 
purpose subdivision of a State, or a public agency) in existence on 
November 2, 1978, such station shall comply with the requirements of 
this paragraph with respect to the establishment of a community advisory 
board not later than 180 days after November 2, 1978.
    (E) The provision of subparagraph (A) prohibiting the distribution 
of funds to any public broadcast station (other than any station which 
is owned and operated by a State, a political or special purpose 
subdivision of a State, or a public agency) unless such station 
establishes a community advisory board shall be the exclusive remedy for 
the enforcement of the provisions of this paragraph.
    (9) Funds may not be distributed pursuant to this subsection to the 
Public Broadcasting Service or National Public Radio (or any successor 
organization) unless assurances are provided to the Corporation that no 
officer or employee of the Public Broadcasting Service or National 
Public Radio (or any successor organization), as the case may be, will 
be compensated in excess of reasonable compensation as determined 
pursuant to Section \3\ 4958 of title 26 for services that the officer 
or employee renders to organization,\4\ and unless further assurances 
are provided to the Corporation that no officer or employee of such an 
entity will be loaned money by that entity on an interest-free basis.
---------------------------------------------------------------------------
    \3\ So in original. Probably should not be capitalized.
    \4\ So in original. Probably should be ``the organization,''.
---------------------------------------------------------------------------
    (10)(A) There is hereby established in the Treasury a fund which 
shall be known as the Public Broadcasting Satellite Interconnection Fund 
(hereinafter in this subsection referred to as the ``Satellite 
Interconnection Fund''), to be administered by the Secretary of the 
Treasury.
    (B) There is authorized to be appropriated to the Satellite 
Interconnection Fund, for fiscal year 1991, the amount of $200,000,000. 
If such amount is not appropriated in full for fiscal year 1991, the 
portion of such amount not yet appropriated is authorized to be 
appropriated for fiscal years 1992 and 1993. Funds appropriated to the 
Satellite Interconnection Fund shall remain available until expended.
    (C) The Secretary of the Treasury shall make available and disburse 
to the Corporation, at the beginning of fiscal year 1991 and of each 
succeeding fiscal year thereafter, such funds as have been appropriated 
to the Satellite Interconnection Fund for the fiscal year in which such 
disbursement is to be made.
    (D) Notwithstanding any other provision of this subsection except 
paragraphs (4), (5), (8), and (9), all funds appropriated to the 
Satellite Interconnection Fund and interest thereon--
        (i) shall be distributed by the Corporation to the licensees and 
    permittees of noncommercial educational television broadcast 
    stations providing public telecommunications services or the 
    national entity they designate for satellite interconnection 
    purposes and to those public telecommunications entities 
    participating in the public radio satellite interconnection system 
    or the national entity they designate for satellite interconnection 
    purposes, exclusively for the capital costs of the replacement, 
    refurbishment, or upgrading of their national satellite 
    interconnection systems and associated maintenance of such systems; 
    and
        (ii) shall not be used for the administrative costs of the 
    Corporation, the salaries or related expenses of Corporation 
    personnel and members of the Board, or for expenses of consultants 
    and advisers to the Corporation.

    (11)(A) Funds may not be distributed pursuant to this subsection for 
any fiscal year to the licensee or permittee of any public broadcast 
station if such licensee or permittee--
        (i) fails to certify to the Corporation that such licensee or 
    permittee complies with the Commission's regulations concerning 
    equal employment opportunity as published under section 73.2080 of 
    title 47, Code of Federal Regulations, or any successor regulations 
    thereto; or
        (ii) fails to submit to the Corporation the report required by 
    subparagraph (B) for the preceding calendar year.

    (B) A licensee or permittee of any public broadcast station with 
more than five full-time employees to file annually with the Corporation 
a statistical report, consistent with reports required by Commission 
regulation, identifying by race and sex the number of employees in each 
of the following full-time and part-time job categories:
        (i) Officials and managers.
        (ii) Professionals.
        (iii) Technicians.
        (iv) Semiskilled operatives.
        (v) Skilled craft persons.
        (vi) Clerical and office personnel.
        (vii) Unskilled operatives.
        (viii) Service workers.

    (C) In addition, such report shall state the number of job openings 
occurring during the course of the year. Where the job openings were 
filled in accordance with the regulations described in subparagraph 
(A)(i), the report shall so certify, and where the job openings were not 
filled in accordance with such regulations, the report shall contain a 
statement providing reasons therefor. The statistical report shall be 
available to the public at the central office and at every location 
where more than five full-time employees are regularly assigned to work.
    (12) Funds may not be distributed under this subsection to any 
public broadcasting entity that directly or indirectly--
        (A) rents contributor or donor names (or other personally 
    identifiable information) to or from, or exchanges such names or 
    information with, any Federal, State, or local candidate, political 
    party, or political committee; or
        (B) discloses contributor or donor names, or other personally 
    identifiable information, to any nonaffiliated third party unless--
            (i) such entity clearly and conspicuously discloses to the 
        contributor or donor that such information may be disclosed to 
        such third party;
            (ii) the contributor or donor is given the opportunity, 
        before the time that such information is initially disclosed, to 
        direct that such information not be disclosed to such third 
        party; and
            (iii) the contributor or donor is given an explanation of 
        how the contributor or donor may exercise that nondisclosure 
        option.

(l) Financial management and records

    (1)(A) The accounts of the Corporation shall be audited annually in 
accordance with generally accepted auditing standards by independent 
certified public accountants or independent licensed public accountants 
certified or licensed by a regulatory authority of a State or other 
political subdivision of the United States, except that such requirement 
shall not preclude shared auditing arrangements between any public 
telecommunications entity and its licensee where such licensee is a 
public or private institution. The audits shall be conducted at the 
place or places where the accounts of the Corporation are normally kept. 
All books, accounts, financial records, reports, files, and all other 
papers, things, or property belonging to or in use by the Corporation 
and necessary to facilitate the audits shall be made available to the 
person or persons conducting the audits; and full facilities for 
verifying transactions with the balances or securities held by 
depositories, fiscal agents and custodians shall be afforded to such 
person or persons.
    (B) The report of each such independent audit shall be included in 
the annual report required by subsection (i) of this section. The audit 
report shall set forth the scope of the audit and include such 
statements as are necessary to present fairly the Corporation's assets 
and liabilities, surplus or deficit, with an analysis of the changes 
therein during the year, supplemented in reasonable detail by a 
statement of the Corporation's income and expenses during the year, and 
a statement of the sources and application of funds, together with the 
independent auditor's opinion of those statements.
    (2)(A) The financial transactions of the Corporation for any fiscal 
year during which Federal funds are available to finance any portion of 
its operations may be audited by the General Accounting Office in 
accordance with the principles and procedures applicable to commercial 
corporate transactions and under such rules and regulations as may be 
prescribed by the Comptroller General of the United States. Any such 
audit shall be conducted at the place or places where accounts of the 
Corporation are normally kept. The representative of the General 
Accounting Office shall have access to all books, accounts, records, 
reports, files, and all other papers, things, or property belonging to 
or in use by the Corporation pertaining to its financial transactions 
and necessary to facilitate the audit, and they shall be afforded full 
facilities for verifying transactions with the balances or securities 
held by depositories, fiscal agents, and custodians. All such books, 
accounts, records, reports, files, papers and property of the 
corporation shall remain in possession and custody of the Corporation.
    (B) A report of each such audit shall be made by the Comptroller 
General to the Congress. The report to the Congress shall contain such 
comments and information as the Comptroller General may deem necessary 
to inform Congress of the financial operations and condition of the 
Corporation, together with such recommendations with respect thereto as 
he may deem advisable. The report shall also show specifically any 
program, expenditure, or other financial transaction or undertaking 
observed in the course of the audit, which, in the opinion of the 
Comptroller General, has been carried on or made without authority of 
law. A copy of each report shall be furnished to the President, to the 
Secretary, and to the Corporation at the time submitted to the Congress.
    (3)(A) Not later than 1 year after November 2, 1978, the 
Corporation, in consultation with the Comptroller General, and as 
appropriate with others, shall develop accounting principles which shall 
be used uniformly by all public telecommunications entities receiving 
funds under this subpart, taking into account organizational differences 
among various categories of such entities. Such principles shall be 
designed to account fully for all funds received and expended for public 
telecommunications purposes by such entities.
    (B) Each public telecommunications entity receiving funds under this 
subpart shall be required--
        (i) to keep its books, records, and accounts in such form as may 
    be required by the Corporation;
        (ii)(I) to undergo a biennial audit by independent certified 
    public accountants or independent licensed public accountants 
    certified or licensed by a regulatory authority of a State, which 
    audit shall be in accordance with auditing standards developed by 
    the Corporation, in consultation with the Comptroller General; or
        (II) to submit a financial statement in lieu of the audit 
    required by subclause (I) if the Corporation determines that the 
    cost burden of such audit on such entity is excessive in light of 
    the financial condition of such entity; and
        (iii) to furnish biennially to the Corporation a copy of the 
    audit report required pursuant to clause (ii), as well as such other 
    information regarding finances (including an annual financial 
    report) as the Corporation may require.

    (C) Any recipient of assistance by grant or contract under this 
section, other than a fixed price contract awarded pursuant to 
competitive bidding procedures, shall keep such records as may be 
reasonably necessary to disclose fully the amount and the disposition by 
such recipient of such assistance, the total cost of the project or 
undertaking in connection with which such assistance is given or used, 
and the amount and nature of that portion of the cost of the project or 
undertaking supplied by other sources, and such other records as will 
facilitate an effective audit.
    (D) The Corporation or any of its duly authorized representatives 
shall have access to any books, documents, papers, and records of any 
recipient of assistance for the purpose of auditing and examining all 
funds received or expended for public telecommunications purposes by the 
recipient. The Comptroller General of the United States or any of his 
duly authorized representatives also shall have access to such books, 
documents, papers, and records for the purpose of auditing and examining 
all funds received or expended for public telecommunications purposes 
during any fiscal year for which Federal funds are available to the 
Corporation.
    (4)(A) The Corporation shall maintain the information described in 
subparagraphs (B), (C), and (D) at its offices for public inspection and 
copying for at least 3 years, according to such reasonable guidelines as 
the Corporation may issue. This public file shall be updated regularly. 
This paragraph shall be effective August 26, 1992, and shall apply to 
all grants awarded after January 1, 1993.
    (B) Subsequent to any award of funds by the Corporation for the 
production or acquisition of national broadcasting programming pursuant 
to subsection (k)(3)(A)(ii)(II) or (iii)(II) of this section, the 
Corporation shall make available for public inspection the following:
        (i) Grant and solicitation guidelines for proposals for such 
    programming.
        (ii) The reasons for selecting the proposal for which the award 
    was made.
        (iii) Information on each program for which the award was made, 
    including the names of the awardee and producer (and if the awardee 
    or producer is a corporation or partnership, the principals of such 
    corporation or partnership), the monetary amount of the award, and 
    the title and description of the program (and of each program in a 
    series of programs).
        (iv) A report based on the final audit findings resulting from 
    any audit of the award by the Corporation or the Comptroller 
    General.
        (v) Reports which the Corporation shall require to be provided 
    by the awardee relating to national public broadcasting programming 
    funded, produced, or acquired by the awardee with such funds. Such 
    reports shall include, where applicable, the information described 
    in clauses (i), (ii), and (iii), but shall exclude proprietary, 
    confidential, or privileged information.

    (C) The Corporation shall make available for public inspection the 
final report required by the Corporation on an annual basis from each 
recipient of funds under subsection (k)(3)(A)(iii)(III) of this section, 
excluding proprietary, confidential, or privileged information.
    (D) The Corporation shall make available for public inspection an 
annual list of national programs distributed by public broadcasting 
entities that receive funds under subsection (k)(3)(A)(ii)(III) or 
(iii)(II) of this section and are engaged primarily in the national 
distribution of public television or radio programs. Such list shall 
include the names of the programs (or program series), producers, and 
providers of funding.

(m) Needs of minorities and other groups

    (1) Prior to July 1, 1989, and every three years thereafter, the 
Corporation shall compile an assessment of the needs of minority and 
diverse audiences, the plans of public broadcasting entities and public 
telecommunications entities to address such needs, the ways radio and 
television can be used to help these underrepresented groups, and 
projections concerning minority employment by public broadcasting 
entities and public telecommunications entities. Such assessment shall 
address the needs of racial and ethnic minorities, new immigrant 
populations, people for whom English is a second language, and adults 
who lack basic reading skills.
    (2) Commencing July 1, 1989, the Corporation shall prepare an annual 
report on the provision by public broadcasting entities and public 
telecommunications entities of service to the audiences described in 
paragraph (1). Such report shall address programming (including that 
which is produced by minority producers), training, minority employment, 
and efforts by the Corporation to increase the number of minority public 
radio and television stations eligible for financial support from the 
Corporation. Such report shall include a summary of the statistical 
reports received by the Corporation pursuant to subsection (k)(11) of 
this section, and a comparison of the information contained in those 
reports with the information submitted by the Corporation in the 
previous year's annual report.
    (3) As soon as they have been prepared, each assessment and annual 
report required under paragraphs (1) and (2) shall be submitted to 
Congress.

(June 19, 1934, ch. 652, title III, Sec. 396, as added Pub. L. 90-129, 
title II, Sec. 201(9), Nov. 7, 1967, 81 Stat. 368; amended Pub. L. 90-
294, Apr. 26, 1968, 82 Stat. 108; Pub. L. 91-97, Sec. 3, Oct. 27, 1969, 
83 Stat. 146; Pub. L. 91-437, Sec. 2, Oct. 7, 1970, 84 Stat. 888; Pub. 
L. 92-411, Sec. 1, Aug. 29, 1972, 86 Stat. 643; Pub. L. 93-84, 
Sec. 1(a), (b), Aug. 6, 1973, 87 Stat. 219; Pub. L. 94-192, Secs. 2-4, 
Dec. 31, 1975, 89 Stat. 1099, 1100; Pub. L. 95-567, title III, 
Secs. 301-303(a), 304-307(a), 308, Nov. 2, 1978, 92 Stat. 2411, 2412, 
2414, 2415, 2419; Pub. L. 97-35, title XII, Secs. 1224, 1225(a)(1), (b), 
(c), 1226, 1227(a)-(c)(3), (d)(1), (2), (e)-(g), 1228, 1234(a), Aug. 13, 
1981, 95 Stat. 725-730, 736; Pub. L. 98-214, Secs. 3, 5, 6, Dec. 8, 
1983, 97 Stat. 1467-1469; Pub. L. 99-272, title V, Sec. 5001(c), Apr. 7, 
1986, 100 Stat. 117; Pub. L. 100-626, Secs. 3, 4(a), 5-9(a), Nov. 7, 
1988, 102 Stat. 3207-3211; Pub. L. 102-356, Secs. 4, 5(a), (b), 6-14, 
Aug. 26, 1992, 106 Stat. 949-953; Pub. L. 105-277, div. A, Sec. 101(f) 
[title VII, Sec. 701], Oct. 21, 1998, 112 Stat. 2681-337, 2681-389; Pub. 
L. 106-113, div. B, Sec. 1000(a)(9) [title V, Sec. 5002(a)], Nov. 29, 
1999, 113 Stat. 1536, 1501A-592.)

                       References in Text

    The District of Columbia Nonprofit Corporation Act, referred to in 
subsecs. (b), (c)(4), and (g)(3), is Pub. L. 87-569, Aug. 6, 1962, 76 
Stat. 265, as amended, which appears in chapter 5 (Sec. 29-501 et seq.) 
of Title 29, Corporations, of the District of Columbia Code.
    Section 5(c) of the Public Telecommunications Act of 1992, referred 
to in subsec. (c)(5), is section 5(c) of Pub. L. 102-356, which is set 
out below.


                            Prior Provisions

    A prior section 396, act June 19, 1934, ch. 652, title III, 
Sec. 396, as added May 1, 1962, Pub. L. 87-447, 76 Stat. 67, was 
renumbered section 394 by Pub. L. 90-129, and subsequently renumbered 
section 393A by Pub. L. 101-437, and is classified to section 393a of 
this title.


                               Amendments

    1999--Subsec. (k)(12). Pub. L. 106-113 added par. (12).
    1998--Subsec. (k)(9). Pub. L. 105-277 which directed the 
substitution of ``in excess of reasonable compensation as determined 
pursuant to Section 4958 of title 26 for services that the officer or 
employee renders to organization'' for ``at an annual rate of pay which 
exceeds the rate of basic pay in effect from time to time for level I of 
the Executive Schedule under 5312 of title 5,'', was executed by making 
the substitution for text which read ``section 5312 of title 5'' to 
reflect the probable intent of Congress.
    1992--Subsec. (a)(8) to (10). Pub. L. 102-356, Sec. 4, added pars. 
(8) and (9) and redesignated former par. (8) as (10).
    Subsec. (c)(1). Pub. L. 102-356, Sec. 5(a)(1), substituted ``9'' for 
``10'' and ``5'' for ``6''.
    Subsec. (c)(2). Pub. L. 102-356, Sec. 5(a)(2), substituted ``9'' for 
``10''.
    Subsec. (c)(5). Pub. L. 102-356, Sec. 5(b), amended par. (5) 
generally. Prior to amendment, par. (5) read as follows: ``The term of 
office of each member of the Board appointed by the President shall be 5 
years, except that any member appointed to fill a vacancy occurring 
prior to the expiration of the term for which his predecessor was 
appointed shall be appointed for the remainder of such term. No member 
of the Board shall be eligible to serve in excess of 2 consecutive terms 
of 5 years each.''
    Subsec. (e)(1). Pub. L. 102-356, Sec. 6, inserted fourth sentence 
and struck out former fourth sentence which read as follows: ``No 
officer of the Corporation, other than the Chairman or a Vice Chairman, 
may receive any salary or other compensation from any source other than 
the Corporation for services rendered during the period of his 
employment by the Corporation.''
    Subsec. (i)(1)(C), (D). Pub. L. 102-356, Sec. 7, added subpar. (C) 
and redesignated former subpar. (C) as (D).
    Subsec. (k)(1)(C). Pub. L. 102-356, Sec. 8(a), inserted provisions 
authorizing appropriations of $310,000,000 for fiscal year 1994, 
$375,000,000 for fiscal year 1995, and $425,000,000 for fiscal year 
1996, and struck out provisions authorizing appropriations of 
$180,000,000 for fiscal year 1981, $200,000,000 for fiscal year 1982, 
$220,000,000 for fiscal year 1983, $145,000,000 for fiscal year 1984, 
$153,000,000 for fiscal year 1985, $162,000,000 for fiscal year 1986, 
$200,000,000 for fiscal year 1987, $214,000,000 for fiscal year 1988, 
$238,000,000 for fiscal year 1989, $254,000,000 for fiscal year 1990, 
and $245,000,000 for fiscal year 1991.
    Subsec. (k)(1)(E). Pub. L. 102-356, Sec. 8(b), added subpar. (E).
    Subsec. (k)(3)(A)(i)(II). Pub. L. 102-356, Sec. 9, inserted ``or for 
assistance in the provision of affordable training programs for 
employees at public broadcast stations'' after ``other than English''.
    Subsec. (k)(3)(B)(iii)(V). Pub. L. 102-356, Sec. 10, inserted before 
period at end of first sentence ``, including carriage and viewing 
information for programs produced or acquired with funds provided 
pursuant to subclause (I)'' and substituted ``fiscal years 1992, 1993, 
1994, and 1995'' for ``fiscal year 1992'' in second sentence.
    Subsec. (k)(3)(B)(iii)(VI). Pub. L. 102-356, Sec. 14(b), added 
subcl. (VI).
    Subsec. (k)(6)(B). Pub. L. 102-356, Sec. 11, inserted ``(which the 
Corporation shall review periodically in consultation with public radio 
and television licensees or permittees, or their designated 
representatives)'' after ``eligibility criteria''.
    Subsec. (k)(11). Pub. L. 102-356, Sec. 12(a), added par. (11).
    Subsec. (l)(3)(B)(ii). Pub. L. 102-356, Sec. 13(a), (b)(1), 
designated existing provisions as subcl. (I), substituted ``biennial'' 
for ``biannual'', substituted ``or'' for ``and'' after semicolon, and 
added subcl. (II).
    Subsec. (l)(3)(B)(iii). Pub. L. 102-356, Sec. 13(b)(2), substituted 
``biennially'' for ``biannually''.
    Subsec. (l)(4). Pub. L. 102-356, Sec. 14(a), added par. (4) and 
struck out former par. (4) which consisted of subpars. (A) to (C) 
relating to National Public Radio's system of financial controls and 
budget and requiring Corporation to report to Congress not later than 15 
days after Dec. 8, 1983, on actions taken by National Public Radio with 
respect to deficits it accumulated before Oct. 1, 1983.
    Subsec. (m)(2). Pub. L. 102-356, Sec. 12(b), inserted at end ``Such 
report shall include a summary of the statistical reports received by 
the Corporation pursuant to subsection (k)(11), and a comparison of the 
information contained in those reports with the information submitted by 
the Corporation in the previous year's annual report.''
    1988--Subsec. (a)(6) to (8). Pub. L. 100-626, Sec. 5, added par. (6) 
and redesignated former pars. (6) and (7) as (7) and (8), respectively.
    Subsec. (g)(2)(B)(ii). Pub. L. 100-626, Sec. 6, struck out 
``contract or'' after ``respect to any''.
    Subsec. (k)(1)(C). Pub. L. 100-626, Sec. 3, substituted ``1990, 
1991, 1992, and 1993'' for ``and 1990'' and ``40 percent'' for ``50 
percent'', struck out ``and'' after ``fiscal year 1989,'', and inserted 
``, $245,000,000 for fiscal year 1991, $265,000,000 for fiscal year 
1992, and $285,000,000 for fiscal year 1993'' after ``fiscal year 
1990''.
    Subsec. (k)(3)(A)(i)(I), (II). Pub. L. 100-626, Sec. 7(a)(1), (2), 
amended subcls. (I) and (II) generally. Prior to amendment, subcls. (I) 
and (II) read as follows:
        ``(I) not more than 5 percent of such amounts shall be available 
    for the administrative expenses of the Corporation;
        ``(II) not less than 5 percent of such amounts shall be 
    available for other expenses incurred by the Corporation, including 
    capital costs relating to telecommunications satellites, the payment 
    of programming royalties and other fees, and the costs of 
    interconnection facilities and operations (as provided in clause 
    (iv)(I)), except that the total amount available for obligation for 
    any fiscal year under this subclause and subclause (I) shall not 
    exceed 10 percent of the amounts appropriated into the Fund 
    available for allocation for such fiscal year;''.
    Subsec. (k)(3)(A)(i)(III). Pub. L. 100-626, Sec. 7(a)(3), 
substituted ``clause (ii)'' for ``clause (ii)(I)''.
    Subsec. (k)(3)(A)(ii)(II). Pub. L. 100-626, Sec. 7(b), substituted 
``, and in accordance with any plan implemented under paragraph (6)(A), 
for national public'' for ``for public''.
    Subsec. (k)(3)(A)(iii). Pub. L. 100-626, Sec. 7(c), amended cl. 
(iii) generally. Prior to amendment, cl. (iii) read as follows: ``Of the 
amounts allocated under clause (i)(IV) for any fiscal year--
        ``(I) not less than 50 percent of such amounts (as determined 
    under paragraph (6)(A)) shall be available for distribution among 
    the licensees and permittees of public radio stations pursuant to 
    paragraph (6)(B); and
        ``(II) not more than 50 percent of such amounts (as determined 
    under paragraph (6)(A)) shall be available for distribution under 
    subparagraph (B)(i) for public radio.''
    Subsec. (k)(3)(A)(iv)(I). Pub. L. 100-626, Sec. 7(e), substituted 
``From the amount provided pursuant to clause (i)(II),'' for ``Subject 
to the provisions of clause (v),''.
    Subsec. (k)(3)(A)(v). Pub. L. 100-626, Sec. 7(d), amended cl. (v) 
generally. Prior to amendment, cl. (v) read as follows: ``If the 
expenses incurred by the Corporation under clause (i)(II) for any fiscal 
year for--
        ``(I) capital costs relating to telecommunications satellites;
        ``(II) the payment of programming royalties and other fees; and
        ``(III) the costs of interconnection facilities and operations 
    (as provided in clause (iv));
exceed 6 percent of the amounts appropriated into the Fund available for 
allocation for such fiscal year, then 75 percent of such excess costs 
shall be defrayed by the licensees and permittees of public television 
stations from amounts available to such licensees and permittees under 
clause (ii)(I) and 25 percent of such excess costs shall be defrayed by 
the licensees and permittees of public radio stations from amounts 
available to such licensees and permittees under clause (iii)(I).''
    Subsec. (k)(3)(B)(i). Pub. L. 100-626, Sec. 7(f), amended cl. (i) 
generally. Prior to amendment, cl. (i) read as follows: ``The 
Corporation shall utilize the funds allocated pursuant to subparagraph 
(A)(ii)(II) and subparagraph (A)(iii)(II), and a significant portion of 
such other funds as may be available to the Corporation, to make grants 
and contracts for production of public television or radio programs by 
independent producers and production entities and public 
telecommunications entities, and for acquisition of such programs by 
public telecommunications entities. Of the funds utilized pursuant to 
this clause, a substantial amount shall be reserved for distribution to 
independent producers and production entities for the production of 
programs.''
    Subsec. (k)(3)(B)(iii). Pub. L. 100-626, Sec. 8, added cl. (iii).
    Subsec. (k)(3)(C). Pub. L. 100-626, Sec. 7(g), struck out subpar. 
(C) which related to limit on expenditure by Corporation in fiscal year 
1981 of an amount equal to not more than 5 percent of funds made 
available by Secretary of the Treasury.
    Subsec. (k)(3)(D). Pub. L. 100-626, Sec. 7(g), struck out subpar. 
(D) which related to expenditure by Corporation of 105 percent of amount 
derived for preceding fiscal year, for activities authorized under 
subsection (g)(2) of this section, in fiscal years 1982 and 1983.
    Subsec. (k)(6)(A). Pub. L. 100-626, Sec. 7(h), amended subpar. (A) 
generally. Prior to amendment, subpar. (A) read as follows: ``The 
Corporation, in consultation with public radio stations and with 
National Public Radio (or any successor organization), shall determine 
the percentage of funds allocated under subclause (I) and subclause (II) 
of paragraph (3)(A)(iii) for each fiscal year. The Corporation, in 
consultation with such organizations, also shall conduct an annual 
review of the criteria and conditions applicable to such allocations.''
    Subsec. (k)(6)(B). Pub. L. 100-626, Sec. 7(i), inserted after first 
sentence ``The Corporation shall assist radio stations to maintain and 
improve their service where public radio is the only broadcast service 
available.''
    Subsec. (k)(7). Pub. L. 100-626, Sec. 7(j), inserted ``(ii)(I) and 
(iii)(I)'' after ``paragraph (3)(A)''.
    Subsec. (k)(10). Pub. L. 100-626, Sec. 4(a), added par. (10).
    Subsec. (m). Pub. L. 100-626, Sec. 9(a), added subsec. (m).
    1986--Subsec. (k)(1)(C). Pub. L. 99-272, Sec. 5001(c)(1), 
substituted ``1986, 1987, 1988, 1989, and 1990'' for ``and 1986'', 
struck out ``and'' after ``fiscal year 1985,'', and inserted ``, 
$200,000,000 for fiscal year 1987, $214,000,000 for fiscal year 1988, 
$238,000,000 for fiscal year 1989, and $254,000,000 for fiscal year 
1990'' before period at end.
    Subsec. (k)(3)(A)(i)(II). Pub. L. 99-272, Sec. 5001(c)(2), struck 
out ``research, training, technical assistance, engineering, 
instructional support, payment of interest on indebtedness,'' after 
``Corporation, including''.
    Subsec. (k)(8) to (10). Pub. L. 99-272, Sec. 5001(c)(3), 
redesignated paragraphs (9) and (10) as (8) and (9), respectively. 
Former subsec. (8), which related to refunding to the Corporation of an 
amount equal to the amount of unrelated business income tax, was struck 
out.
    1983--Subsec. (c)(1). Pub. L. 98-214, Sec. 6(a), struck out ``, and 
the President of the Corporation'' after ``advice and consent of the 
Senate'' and provision directing that the President of the Corporation 
serve as the Chairman of the Board.
    Subsec. (d)(1). Pub. L. 98-214, Sec. 6(b)(1), inserted ``elect one 
of their members to be Chairman and'' after ``Members of the Board shall 
annually''.
    Subsec. (e)(1). Pub. L. 98-214, Sec. 6(c), substituted ``No officer 
of the Corporation, other than the Chairman or a Vice Chairman'' for 
``No officer of the Corporation, other than a Vice Chairman''.
    Subsec. (k)(1)(C). Pub. L. 98-214, Sec. 3(a), substituted ``, 
$145,000,000 for fiscal year 1984, $153,000,000 for fiscal year 1985, 
and $162,000,000 for fiscal year 1986'' for ``, and $130,000,000 for 
each of the fiscal years 1984, 1985, and 1986''.
    Subsec. (k)(10). Pub. L. 98-214, Sec. 3(b), inserted provision 
requiring assurances that no officer or employee of such entity will be 
loaned money by that entity on an interest-free basis.
    Subsec. (l)(4). Pub. L. 98-214, Sec. 5, added par. (4).
    1981--Subsec. (a)(5). Pub. L. 97-35, Sec. 1224, inserted provisions 
respecting alternative telecommunications services.
    Subsec. (c). Pub. L. 97-35, Sec. 1225(a)(1), amended subsec. (c) 
generally, substituting provisions respecting appointment, selection, 
service, etc., of the ten members of the Board of Directors, for 
provisions respecting appointment, selection, service, etc., of the 15 
members of the Board of Directors.
    Subsec. (d). Pub. L. 97-35, Sec. 1225(b), amended subsec. (d) 
generally, substituting in par. (1) provisions respecting election, 
status, compensation, etc., of Vice Chairman, for provisions respecting 
election, status, compensation, etc., of Chairman and Vice Chairman.
    Subsec. (e)(1). Pub. L. 97-35, Sec. 1225(c), inserted reference to 
services rendered by a Vice Chairman, and struck out reference to the 
Chairman.
    Subsec. (g). Pub. L. 97-35, Sec. 1234(a), struck out par. (5) 
relating to study and report concerning manner of including personal 
services of volunteers in determining non-Federal financial support, and 
redesignated par. (6) as (5).
    Subsec. (i)(1). Pub. L. 97-35, Sec. 1226, substituted ``May'' for 
``February''.
    Subsec. (k)(1)(C). Pub. L. 97-35, Sec. 1227(a), extended 
authorization of appropriations through 1986.
    Subsec. (k)(2)(B). Pub. L. 97-35, Sec. 1227(b), substituted fiscal 
year basis for disbursement for quarterly basis.
    Subsec. (k)(3)(A). Pub. L. 97-35, Sec. 1227(c)(1), amended subpar. 
(A) generally, substituting provisions mandating the establishment by 
the Corporation of an annual budget for use in allocating amounts from 
the Fund, setting out the allocation and distribution formulae, and 
providing for interconnecting facilities and operations costs for making 
public television and radio programs available to public broadcast 
stations for former provisions which had directed the Corporation to 
reserve for distribution among the licensees and permittees of public 
television and radio stations an amount equal to (i) not less than 40 
percent of the funds disbursed by the Corporation from the Fund under 
this section in each fiscal year in which the amount disbursed was 
$88,000,000 or more, but less than $121,000,000; (ii) not less than 45 
percent of such funds in each fiscal year in which the amount disbursed 
was $121,000,000 or more, but less than $160,000,000; and (iii) not less 
than 50 percent of such funds in each fiscal year in which the amount 
disbursed was $160,000,000 or more.
    Subsec. (k)(3)(B)(i). Pub. L. 97-35, Sec. 1227(c)(2), amended cl. 
(i) generally, substituting ``The Corporation shall utilize the funds 
allocated pursuant to subparagraph (A)(ii)(II) and subparagraph 
(A)(iii)(II), and a significant portion of such other funds as may be 
available to the Corporation, to make grants and contracts for 
production of public television or radio programs by independent 
producers and production entities and public telecommunications 
entities, and for acquisition of such programs by public 
telecommunications entities. Of the funds utilized pursuant to this 
clause, a substantial amount shall be reserved for distribution to 
independent producers and production entities for the production of 
programs'' for ``The Corporation shall establish an annual budget 
according to which it shall made grants and contracts for production of 
public television or radio programs by independent producers and 
production entities and public telecommunications entities, for 
acquisition of such programs by public telecommunications entities, for 
interconnection facilities and operations, for distribution of funds 
among public telecommunications entities, and for engineering and 
program-related research. A significant portion of funds available under 
the budget established by the Corporation under this subparagraph shall 
be used for funding the production of television and radio programs. Of 
such portion, a substantial amount shall be reserved for distribution to 
independent producers and production entities for the production of 
programs''.
    Subsec. (k)(3)(B)(ii). Pub. L. 97-35, Sec. 1227(c)(3)(A), amended 
cl. (ii) generally, substituting ``available for distribution under 
clause (i)'' for ``contained in the annual budget established by the 
Corporation under clause (i)''.
    Subsec. (k)(3)(B)(iii), (iv). Pub. L. 97-35, Sec. 1227(c)(3)(B), 
struck out cls. (iii) and (iv) which had provided, respectively, that 
``During each of the fiscal years 1981, 1982, and 1983, the annual 
budget established by the Corporation under clause (i) shall consist of 
not less than 95 percent of the funds made available by the Secretary of 
the Treasury to the Corporation pursuant to paragraph (2)(A)'' and that 
``In determining the amount of funds which shall be made available for 
radio programming and operations under this subparagraph, the 
Corporation shall take into account the increased financial needs 
relating to radio programming and operations resulting from the 
expansion and development of noncommercial radio broadcast station 
facilities through the use of funds made available pursuant to section 
393(d) of this title''.
    Subsec. (k)(6)(A). Pub. L. 97-35, Sec. 1227(d)(1), amended subpar. 
(A) generally, substituting ``The Corporation, in consultation with 
public radio stations and with National Public Radio (or any successor 
organization), shall determine the percentage of funds allocated under 
subclause (I) and subclause (II) of paragraph (3)(A)(iii) for each 
fiscal year. The Corporation, in consultation with such organizations, 
also shall conduct an annual review of the criteria and conditions 
applicable to such allocations'' for ``The Corporation, in consultation 
with public television and radio licensees, shall review annually the 
percentage of funds reserved pursuant to paragraph (3)(A), and the 
criteria and conditions regarding the division and distribution of such 
funds among public television and radio stations''.
    Subsec. (k)(6)(B). Pub. L. 97-35, Sec. 1227(d)(2), amended subpar. 
(B) generally, striking out provision that the funds reserved for public 
broadcast stations pursuant to paragraph (3)(A) be divided into two 
portions, one to be distributed among radio stations and one to be 
distributed among television stations in the provisions preceding cl. 
(i) and inserting ``under paragraph (3)(A)(ii)(I)'' and ``under 
paragraph (3)(A)(iii)(I)''.
    Subsec. (k)(7). Pub. L. 97-35, Sec. 1227(e), amended par. (7) 
generally, substituting provisions relating to use of funds distributed 
for provisions limiting amount of funds distributed.
    Subsec. (k)(8). Pub. L. 97-35, Sec. 1227(f), amended par. (8) 
generally, substituting provisions relating to refunding funds to the 
Corporation for provisions relating to the use of funds distributed.
    Subsec. (k)(9). Pub. L. 97-35, Sec. 1227(g), in subpar. (A) 
substituted ``to assure that (i) its advisory board meets at regular 
intervals; (ii) the members of its advisory board regularly attend the 
meetings of the advisory board; and (iii) the composition of its 
advisory board are reasonably representative of the diverse needs'' for 
``to assure that the composition of its advisory board reasonably 
reflects the diverse needs'' and in subpars. (A), (D), and (E) inserted 
provisions respecting stations owned and operated by a State, a 
political or special purpose subdivision of a State or a public agency.
    Subsec. (l). Pub. L. 97-35, Sec. 1228, inserted provisions in par. 
(1)(A) respecting shared auditing arrangements, and substituted in par. 
(3)(B)(ii) and (iii) provisions relating to biannual audits and 
accompanying report, for provisions relating to annual audits and 
accompanying report.
    1978--Subsec. (a). Pub. L. 95-567, Sec. 301, substituted ``public'' 
for ``noncommercial educational'' and ``telecommunications'' for ``radio 
and television'' wherever appearing and inserted provisions relating to 
the growth and development of nonbroadcast telecommunications 
technologies for the delivery of public telecommunications services.
    Subsec. (d)(1). Pub. L. 95-567, Sec. 302, struck out provision 
authorizing the President to designate one of the members first 
appointed to the Board as Chairman.
    Subsec. (e)(1). Pub. L. 95-567, Sec. 303(a), inserted provision 
which regulated the rate of compensation an officer or employee of the 
Corporation could receive.
    Subsec. (g). Pub. L. 95-567, Sec. 304, amended subsec. (g) 
generally, substituting ``public telecommunications'' for ``educational 
broadcasting'', ``noncommercial educational television or radio'', or 
``program production'' wherever appearing, authorizing panel of outside 
experts to evaluate programs, authorizing Corporation to use its own 
judgment when dealing with programming, and striking out provision 
dealing with the creation of new noncommercial educational broadcast 
stations.
    Subsec. (h). Pub. L. 95-567, Sec. 305, designated existing 
provisions as par. (1) and added par. (2).
    Subsec. (i). Pub. L. 95-567, Sec. 306, revised and restructured 
subsection and, as so restructured, substituted ``September 30'' for 
``June 30'', ``15th day of February'' for ``31st day of December'', and 
inserted provisions comprising pars. (1)(B) and (C).
    Subsec. (k). Pub. L. 95-567, Sec. 307(a), completely revised and 
restructured subsec. (k) and, in so doing, inserted provisions 
establishing an annual budget, authorizing funds for the fiscal years 
1978 to 1983, requiring funds be disbursed on a quarterly basis, 
requiring that all meetings of entities receiving funds be open to the 
public, and that the financial records of such entities be available for 
public examination.
    Subsec. (l)(3). Pub. L. 95-567, Sec. 308, completely revised and 
restructured par. (3) and, in so doing, inserted provisions requiring an 
annual audit, furnishing a copy of the audit report, and use of uniform 
accounting principals.
    1975--Subsec. (g)(2)(H). Pub. L. 94-192, Sec. 3, inserted ``and the 
use of nonbroadcast communications technologies for the dissemination of 
educational television or radio programs'' after ``broadcasting''.
    Subsec. (i). Pub. L. 94-192, Sec. 4, directed that officers and 
directors be available to testify before Congressional committees 
concerning the annual fiscal report, audit report, or any other matter.
    Subsec. (k)(3) to (7). Pub. L. 94-192, Sec. 2, added pars. (3) to 
(7).
    1973--Subsec. (k)(1). Pub. L. 93-84, Sec. 1(a), substituted 
authorization of appropriation of $50,000,000 and $60,000,000 for the 
fiscal years ending June 30, 1974 and June 30, 1975, respectively, for 
authorization of appropriation of $40,000,000 for the fiscal year ending 
June 30, 1973.
    Subsec. (k)(2). Pub. L. 93-84, Sec. 1(b), substituted ``1975'' for 
``1973''.
    1972--Subsec. (k)(1). Pub. L. 92-411 struck out authorization of 
appropriation for fiscal years ending June 30, 1969, June 30, 1970, and 
the two succeeding fiscal years and provided for an appropriation of 
$40,000 for fiscal year ending June 30, 1973.
    Subsec. (k)(2). Pub. L. 92-411 substituted ``June 30, 1973'' for 
``June 30, 1972''.
    1970--Subsec. (k). Pub. L. 91-437 authorized appropriations of 
$20,000,000 for the fiscal year ending June 30, 1970, and $30,000,000 
for each of the two succeeding fiscal years, and further authorized 
appropriation of amounts equal to the amount of total grants, donations, 
bequests, or other contributions from non-Federal sources received by 
the Corporation during each fiscal year with a maximum limit of 
$5,000,000 for any fiscal year.
    1969--Subsec. (k)(1). Pub. L. 91-97, Sec. 3(a), inserted ``and for 
the next fiscal year the sum of $20,000,000'' after ``the sum of 
$9,000,000''.
    Subsec. (k)(2). Pub. L. 91-97, Sec. 3(b), inserted ``or the next 
fiscal year'' after ``the fiscal year ending June 30, 1969,''.
    1968--Subsec. (k). Pub. L. 90-294 substituted ``1969'' for ``1968''.


                    Effective Date of 1999 Amendment

    Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title V, Sec. 5002(b)], 
Nov. 29, 1999, 113 Stat. 1536, 1501A-593, provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply with respect 
to funds distributed on or after 6 months after the date of the 
enactment of this Act [Nov. 29, 1999].''


                    Effective Date of 1992 Amendment

    Section 22 of Pub. L. 102-356 provided that: ``Section 5(a) 
[amending this section] shall take effect on January 31, 1996. All other 
provisions of this Act [amending this section and sections 303b, 391, 
and 393 of this title, enacting provisions set out as notes under this 
section and sections 303 and 609 of this title, and repealing provisions 
set out as a note under section 303 of this title] are effective on its 
date of enactment [Aug. 26, 1992].''


                    Effective Date of 1988 Amendment

    Amendment by sections 6 and 7(d) of Pub. L. 100-626 effective Oct. 
1, 1989, see section 12 of Pub. L. 100-626, set out as a note under 
section 391 of this title.


                    Effective Date of 1981 Amendment

    Section 1227(c)(4) of Pub. L. 97-35 provided that: ``The amendments 
made in this subsection [amending this section] shall apply to fiscal 
years beginning after September 30, 1983.''
    Section 1227(d)(3) of Pub. L. 97-35 provided that: ``The amendments 
made in this subsection [amending this section] shall apply to fiscal 
years beginning after September 30, 1983.''


                    Effective Date of 1978 Amendment

    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.


  Transition Rules Relating to Term of Office of Board of Directors of 
                   Corporation for Public Broadcasting

    Section 5(c) of Pub. L. 102-356 provided that:
    ``(1) With respect to the three offices whose terms are prescribed 
by law to expire on March 26, 1992, the term for each such office 
immediately after that date shall expire on January 31, 1998.
    ``(2) With respect to the two offices whose terms are prescribed by 
law to expire on March 1, 1994, the term for each of such offices 
immediately after that date shall expire on January 31, 2000.
    ``(3) With respect to the five offices whose terms are prescribed by 
law to expire on March 26, 1996--
        ``(A) one such office, as selected by the President, shall be 
    abolished on January 31, 1996;
        ``(B) the term immediately after March 26, 1996, for another 
    such office, as designated by the President, shall expire on January 
    31, 2000; and
        ``(C) the term for each of the remaining three such offices 
    immediately after March 26, 1996, shall expire on January 31, 2002.
    ``(4) As used in this subsection, the term `office' means an office 
as a member of the Board of Directors of the Corporation for Public 
Broadcasting.''


         Objectivity and Balance Policy, Procedures, and Report

    Section 19 of Pub. L. 102-356 provided that: ``Pursuant to the 
existing responsibility of the Corporation for Public Broadcasting under 
section 396(g)(1)(A) of the Communications Act of 1934 (47 U.S.C. 
396(g)(1)(A)) to facilitate the full development of public 
telecommunications in which programs of high quality, diversity, 
creativity, excellence, and innovation, which are obtained from diverse 
sources, will be made available to public telecommunications entities, 
with strict adherence to objectivity and balance in all programs or 
series of programs of a controversial nature, the Board of Directors of 
the Corporation shall--
        ``(1) review the Corporation's existing efforts to meet its 
    responsibility under section 396(g)(1)(A);
        ``(2) after soliciting the views of the public, establish a 
    comprehensive policy and set of procedures to--
            ``(A) provide reasonable opportunity for members of the 
        public to present comments to the Board regarding the quality, 
        diversity, creativity, excellence, innovation, objectivity, and 
        balance of public broadcasting services, including all public 
        broadcasting programming of a controversial nature, as well as 
        any needs not met by those services;
            ``(B) review, on a regular basis, national public 
        broadcasting programming for quality, diversity, creativity, 
        excellence, innovation, objectivity, and balance, as well as for 
        any needs not met by such programming;
            ``(C) on the basis of information received through such 
        comment and review, take such steps in awarding programming 
        grants pursuant to clauses (ii)(II), (iii)(II), and (iii)(III) 
        of section 396(k)(3)(A) of the Communications Act of 1934 (47 
        U.S.C. 396(k)(3)(A)) that it finds necessary to meet the 
        Corporation's responsibility under section 396(g)(1)(A), 
        including facilitating objectivity and balance in programming of 
        a controversial nature; and
            ``(D) disseminate among public broadcasting entities 
        information about its efforts to address concerns about 
        objectivity and balance relating to programming of a 
        controversial nature so that such entities can utilize the 
        Corporation's experience in addressing such concerns within 
        their own operations; and
        ``(3) starting in 1993, by January 31 of each year, prepare and 
    submit to the President for transmittal to the Congress a report 
    summarizing its efforts pursuant to paragraphs (1) and (2).''


               Consumer Information; Disclosure of Funding

    Section 20 of Pub. L. 102-356 provided that: ``Prior to the 
expiration of the 90-day period following the date of the enactment of 
this Act [Aug. 26, 1992], the Corporation for Public Broadcasting, in 
consultation with representatives of public broadcasting entities, shall 
develop guidelines to assure that program credits for public television 
programs that receive production funding directly from the Corporation 
for Public Broadcasting adequately disclose that all or a portion of the 
cost of producing such program was paid for by funding from the 
Corporation for Public Broadcasting, and that indicates in some manner 
that the Corporation for Public Broadcasting is partially funded from 
Federal tax revenues.''


                 Independent Production Service Funding

    Section 21 of Pub. L. 102-356 provided that: ``In making available 
funding pursuant to authorizations under this Act [see Short Title of 
1992 Amendment note set out under section 609 of this title], any 
independent production service established under section 396(k) of the 
Communications Act of 1934 (47 U.S.C. 396(k)) shall, to the maximum 
extent practicable and consistent with the provisions of the 
Communications Act of 1934 [47 U.S.C. 151 et seq.], provide such funding 
to eligible recipients and projects representing the widest possible 
geographic distribution, with the objective of providing funding to 
eligible recipients and projects in each State from which qualified 
proposals are received over the course of such authorizations.''


             Satellite Replacement Needs; Report to Congress

    Section 4(b) of Pub. L. 100-626 directed Corporation for Public 
Broadcasting, on behalf of the public radio and public television 
licensees and permittees (or their designated representatives), to 
submit to Congress on or before Mar. 1, 1990, a report by such licensees 
or permittees (or their representatives) detailing the satellite 
replacement needs of public radio and public television, the difference 
in cost between leasing satellite transponder capacity and buying such 
capacity, and the availability of private sector rather than Federal 
financing.


Continuation of Individuals Serving on the Board of Directors; Reduction 
   in Membership of Board; Political Affiliation of Board Appointees; 
               Abolition of Five Offices on March 1, 1984

    Section 1225(a)(2) of Pub. L. 97-35, as amended by Pub. L. 97-410, 
Sec. 4, Jan. 3, 1983, 96 Stat. 2044, provided that:
    ``(A) The amendment made in paragraph (1) [amending this section] 
shall not affect the continuation in office of any individual serving on 
the Board of Directors of the Corporation for Public Broadcasting on the 
date of the enactment of this Act [Aug. 13, 1981].
    ``(B) Notwithstanding the provisions of subsection (c) of section 
396 of the Communications Act of 1934 [subsec. (c) of this section], in 
the case of the offices of director the terms of which expired March 
1982, persons appointed to fill two of such vacancies existing as of 
December 13, 1982, shall be appointed for terms which shall expire on 
March 1, 1984 and shall not be respresentative [sic] of the political 
party having a majority of the directors of the Board on December 13, 
1982. Persons appointed for a term beginning March 1, 1984, to fill the 
vacancies occurring in such offices the terms of which, by reason of the 
preceding sentence, expire on March 1, 1984, shall not be filled by 
persons representing the political party having a majority of the 
directors of the Board on March 1, 1984. Persons appointed on or after 
March 1, 1984, to fill vacancies in the two such offices shall be 
appointed for terms of five years. On March 1, 1984, there are abolished 
those five offices of director the terms of which, without application 
of the preceding provisions of this paragraph, expire on such date. In 
administering the provisions of this paragraph a director is a minority 
member of the Board if he is not a member of the political party to 
which the majority of the directors of the Board are members.''


        Temporary Commission on Alternative Financing for Public 
     Telecommunications; Composition; Personnel; Functions; Report; 
Demonstration Programs for Determining Feasibility of Permitting Public 
  Television Stations and Public Radio Station Licensees To Broadcast 
                        Advertising Announcements

    Sections 1232 and 1233 of Pub. L. 97-35 established a Temporary 
Commission on Alternative Financing for Public Telecommunications for 
the purpose of conducting a study, to be submitted to Congress not later 
than July 1, 1982, regarding options which may be available to public 
telecommunications entities, the Public Broadcasting Service, and 
National Public Radio with respect to development of sources of revenue 
in addition to sources available to such entities on Aug. 13, 1981, 
further provided for membership of the Temporary Commission as well as 
other administrative matters, further authorized the Temporary 
Commission to establish a demonstration program to allow broadcast 
advertising announcements on public radio and television stations, which 
would run from Jan. 1, 1982, to June 30, 1983, further directed the 
Temporary Commission to submit to Congress, not later than Oct. 1, 1983, 
a report on the demonstration program, and further provided for the 
termination of the Temporary Commission 90 days after the submission of 
this report to Congress.


                 Compensation of Officers and Employees

    Section 303(b) of Pub. L. 95-567 provided that: ``The amendment made 
by subsection (a) [amending this section] shall not be construed to 
reduce the annual rate of pay of any officer or employee of the 
Corporation for Public Broadcasting in any case in which (1) such 
officer or employee was appointed or named to any position in the 
Corporation before the date of the enactment of this Act [Nov. 2, 1978]; 
and (2) the annual rate of pay for such position, as in effect on such 
date of enactment, exceeds the maximum rate of pay established in 
section 396(e)(1) of the Communications Act of 1934 [subsec. (e)(1) of 
this section], as amended by subsection (a).''
    Section 307(b) of Pub. L. 95-567 provided that: ``Section 396(k)(10) 
of the Communications Act of 1934 [subsec. (k)(10) of this section], as 
added by subsection (a), shall not be construed to reduce the annual 
rate of pay of any officer or employee of the Public Broadcasting 
Service or National Public Radio (or any successor organization) in any 
case in which (1) such officer or employee was appointed or named to any 
position in the Public Broadcasting Service or National Public Radio (or 
any successor organization) before the date of the enactment of this Act 
[Nov. 2, 1978]; and (2) the annual rate of pay for such position, as in 
effect on such date of enactment, exceeds the maximum rate of pay 
established in section 396(k)(10) of the Communications Act of 1934 
[subsec. (k)(10) of this section], as added by subsection (a).''

                  Section Referred to in Other Sections

    This section is referred to in sections 398, 399b, 535 of this 
title; title 17 section 114.
