§398 — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

§398 Federal interference or control

Title 47 › Chapter CHAPTER 5— - WIRE OR RADIO COMMUNICATION › Subchapter SUBCHAPTER III— - SPECIAL PROVISIONS RELATING TO RADIO › Part Part IV— - Assistance for Planning and Construction of Public Telecommunications Facilities; Telecommunications Demonstrations; Corporation for Public Broadcasting; General Provisions › Subpart subpart e— - general provisions › § 398

Last updated Apr 6, 2026|Official source

Summary

Federal agencies, officers, or employees may not tell public broadcasting organizations, their boards, contractors, or schools how to run, what to teach, or what programs to make or share. The only time the federal government can step in is to make sure job hiring rules are followed. PBS, NPR (or their successors), and any public broadcasting group that gets certain federal funds must give equal job chances to everyone. They cannot discriminate because of race, color, religion, national origin, or sex. The Secretary will make and enforce rules for these equal-employment requirements and will work closely with the Commission so reporting is consistent. The Corporation must put this requirement into new grants and contracts once the Secretary’s rules take effect. Anyone who wants funds must give the Corporation information showing they follow the rules. If the Corporation is not satisfied, it will tell the Secretary, who will review and decide. The Corporation must still provide funds while the Secretary finishes the review if the grant would otherwise have been approved. The Corporation must monitor recipients and send the Secretary an annual report for the fiscal year ending September 30 by February 15. If the Secretary finds a recipient out of compliance, the Secretary must notify them within 10 days. The recipient then has 120 days to fix the problem or enter a Secretary‑approved compliance agreement.

Title 47, §398

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)Nothing contained in this part shall be deemed (1) to amend any other provision of, or requirement under, this chapter; or (2) except to the extent authorized in subsection (b), to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over public telecommunications, or over the Corporation or any of its grantees or contractors, or over the charter or bylaws of the Corporation, or over the curriculum, program of instruction, or personnel of any educational institution, school system, or public telecommunications entity.

(b)(1)Equal opportunity in employment shall be afforded to all persons by the Public Broadcasting Service and National Public Radio (or any successor organization) and by all public telecommunications entities receiving funds pursuant to subpart C 11 See References in Text note below. (hereinafter in this subsection referred to as “recipients”), in accordance with the equal employment opportunity regulations of the Commission, and no person shall be subjected to discrimination in employment by any recipient on the grounds of race, color, religion, national origin, or sex.

(2)(A)The Secretary is authorized and directed to enforce this subsection and to prescribe such rules and regulations as may be necessary to carry out the functions of the Secretary under this subsection.

(B)The Secretary shall provide for close coordination with the Commission in the administration of the responsibilities of the Secretary under this subsection which are of interest to or affect the functions of the Commission so that, to the maximum extent possible consistent with the enforcement responsibilities of each, the reporting requirements of public telecommunications entities shall be uniformly based upon consistent definitions and categories of information.

(3)(A)The Corporation shall incorporate into each grant agreement or contract with any recipient entered into on or after the effective date of the rules and regulations prescribed by the Secretary pursuant to paragraph (2)(A), a statement indicating that, as a material part of the terms and conditions of the grant agreement or contract, the recipient will comply with the provisions of paragraph (1) and the rules and regulations prescribed pursuant to paragraph (2)(A). Any person which desires to be a recipient (within the meaning of paragraph (1)) of funds under subpart C 1 shall, before receiving any such funds, provide to the Corporation any information which the Corporation may require to satisfy itself that such person is affording equal opportunity in employment in accordance with the requirements of this subsection. Determinations made by the Corporation in accordance with the preceding sentence shall be based upon guidelines relating to equal opportunity in employment which shall be established by rule by the Secretary.

(B)If the Corporation is not satisfied that any such person is affording equal opportunity in employment in accordance with the requirements of this subsection, the Corporation shall notify the Secretary, and the Secretary shall review the matter and make a final determination regarding whether such person is affording equal opportunity in employment. In any case in which the Secretary conducts a review under the preceding sentence, the Corporation shall make funds available to the person involved pursuant to the grant application of such person (if the Corporation would have approved such application but for the finding of the Corporation under this paragraph) pending a final determination of the Secretary upon completion of such review. The Corporation shall monitor the equal employment opportunity practices of each recipient throughout the duration of the grant or contract.

(C)The provisions of subparagraph (A) and subparagraph (B) shall take effect on the effective date of the rules and regulations prescribed by the Secretary pursuant to paragraph (2)(A).

(4)Based upon its responsibilities under paragraph (3), the Corporation shall provide an annual report for the preceding fiscal year ending September 30 to the Secretary on or before the 15th day of February of each year. The report shall contain information in the form required by the Secretary. The Corporation shall provide other information in the form which the Secretary may require in order to carry out the functions of the Secretary under this subsection.

(5)Whenever the Secretary makes a final determination, pursuant to the rules and regulations which the Secretary shall prescribe, that a recipient is not in compliance with paragraph (1), the Secretary shall, within 10 days after such determination, notify the recipient in writing of such determination and request the recipient to secure compliance. Unless the recipient within 120 days after receipt of such written notice—

(A)demonstrates to the Secretary that the violation has been corrected; or

(B)enters into a compliance agreement approved by the Secretary;

(c)Nothing in this section shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the content or distribution of public telecommunications programs and services, or over the curriculum or program of instruction of any educational institution or school system.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This part, referred to in subsecs. (a) and (b)(5), commences with section 390 of this title. This chapter, referred to in subsec. (a), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. Subpart C, referred to in subsec. (b)(1), (3)(A), was redesignated subpart D by Pub. L. 101–437, title II, § 203(a)(2), Oct. 17, 1990, 104 Stat. 998.

Amendments

2018—Subsec. (b)(4). Pub. L. 115–141 struck out “The Corporation shall submit a summary of such report to the President and the Congress as part of the report required in section 396(i) of this title.” after “by the Secretary.”. 1988—Subsec. (b)(1). Pub. L. 100–626, § 9(b), inserted “in accordance with the equal employment opportunity

Regulations

of the Commission,” before “and no person”. 1978—Pub. L. 95–567 designated existing provisions as subsec. (a), substituted “public telecommunications entity” and “public telecommunications” for “educational broadcasting station or system” and “educational television or radio broadcasting”, respectively, and added subsecs. (b) and (c). 1967—Pub. L. 90–129, §§ 103(g), 201(5), inserted “or radio” and “, or over the Corporation or any of its grantees or contractors, or over the charter or bylaws of the Corporation,” before and after “broadcasting”, where first appearing, respectively.

Statutory Notes and Related Subsidiaries

Effective Date

of 1978 AmendmentAmendment 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.