PUBLIC LAW 94-192—DEC. 31, 1975 89 STAT. 1099 Public Law 94- •192 94th Congress An Act To amend certain provisions of the Communications Act of 1934 to provide long- Dec. 31, 1975 term financing for the Corporation for Public Broadcasting, and for other [H.R. 6461] purposes. Be it eTmcted hy the Senate and House of Representatives of the United States of America in Congress assembled^ That this Act may Public be cited as the "Public Broadcasting Financing Act of 1975". Broadcasting SEC. 2. Subsection 396(k) of the Communications Act of 1934 is Financing Act of amended by inserting after paragraph (2), the following paragraphs: 1975. 47 u s e 396 note. "(3) There is hereby established in the Treasury a fund which shall Public be kQown as the 'Public Broadcasting Fund' administered by the Sec- Broadcasting retary of the Treasury. There are authorized to be appropriated to Fund. such fund for each of the fiscal years during the period beginning Establishment. July 1, 1975, and ending September 30, 1980, an amount equal to 40 47 u s e 396. per centum of the total amount of non-Federal financial support Appropriation received by public broadcasting entities during the fiscal year second authorization. preceding each such fiscal year, and for the period July 1,1976, through September 30, 1976, an amount equal to 10 per centum of the total amount of non-Federal financial support received by public broad- casting entities during the fiscal year ending June 30, 1975; except that the amount so appropriated shall not exceed $88,000,000 for the fiscal year ending June 30, 1976; $22,000,000 for the period July 1, 1976, through September 30,1976; $103,000,000 for the fiscal year end- ing September 30, 1977; $121,000,000 for the fiscal year ending Sep- tember 30,1978; $140,000,000 for the fiscal year ending September 30, 1979;, and $160,000,000 for the fiscal year ending September 30, 1980. "(4) The funds authorized by this subsection shall be used solely for the expenses of the Corporation. The Corporation shall determine the amount of non-Federal financial support received by public broad- casting entities during each of the fiscal years indicated in paragraph (3) of this subsection for the purpose of determining the amount of each authorization, and shall certify such amount to the Secretary of the Treasury. Upon receipt of such certification, the Secretary of the Treasury shall disburse to the Corporation, from such funds as may be appropriated to the Public Broadcasting Fund, the amount authorized for each of the fiscal years and for the jjeriod July 1, 1976, through September 30, 1976, pursuant to the provisions of this subsection. "(5) The Corporation shall reserve for distribution among the Noncommercial licensees and permittees of noncommercial educational broadcast sta- educational tions that are on-the-air an amount equal to not less than 40 per centum broadcast stations. of the funds disbursed to the Corporation from the Public Broadcast- ing Fund during the period July 1,1975, through September 30,1976, and in each fiscal year in which the amount disbursed is $88,000,000 or more, but less than $121,000,000; not less than 45 per centum in each fiscal year in which the amount disbursed is $121,000,000 or more, but less than $160,000,000; and not less than 50 per centum in each fiscal year in which the amount disbursed is $160,000,000. "(6) The Corporation shall, after consultation with licensees and Conditions, permittees of noncommercial educational broadcast stations that are annual review. on-the-air, establish, and review annually, criteria and conditions
89 STAT. 1100 PUBLIC LAW 94-192—DEC. 31, 1975 regarding the distribution of funds reserved pursuant to paragraph (5) of this subsection, as set forth below: "(A) The total amount of funds shall be divided into two portions, one to be distributed among radio stations, and one to be distributed Grants. among television stations. The Corporation shall make a basic grant from the portion reserved for television stations to each licensee and permittee of a noncommercial educational television station that is on-the-air. The balance of the portion reserved for television stations and the total portion reserved for radio stations shall be distributed to licensees and permittees of such stations in accordance with eligi- bility criteria that promote the public interest in noncommercial edu- cational broadcasting, and on the basis of a formula designed to— " (i) provide for the financial need and requirements of stations in relation to the communities and audiences such stations under- take 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 non- commercial educational radio station receives a basic grant. Limitation. "(B) No distribution of funds pursuant to this subsection shall exceed, in any fiscal year, one-half of a licensee's or permittee's total non-Federal financial support during the fiscal year second preceding the fiscal year in which such distribution is made. "(7) Funds distributed pursuant to this subsection may be used at the discretion of stations for purposes related to the provision of educational television and radio programing, including but not limited to the following: producing, acquiring, broadcasting, or otherwise disseminating educational television or radio programs; procuring national or regional program distribution services that make educa- tional television or radio programs available for broadcast or other dissemination at times chosen by stations; acquiring, replacing, and maintaining facilities, and real property used with facilities, for the production, broadcast, or other dissemination of educational television and radio programs: developinsf and usinsf nonbroadcast communica- tions technologies for educational television or radio programing purposes.". SEC. 3. Subsection BPfifs:) (2) (H) of the Communications Act of 47 use 396. 1934 is amended by deletinjr the period after "broadcasting" and insertina: the f ollowinp-: "and the use of nonbroadcast communications technologies for the dissemination of educational television or radio programs.". Testimony before SEC. 4. Subsection 396(i) of the Communications Act of 1934 is congressional amended by adding at the end thereof the following sentence: "The committees. 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 pur- STiant to subsection 396(1), or any other matter which any such com- mittee may determine.". 47 use 397. SEC. 5. Section 397 of the Communications Act of 1934 is amended by insertinq:, after paragraph (9), the following paragraphs: "Non-Federal "(10) The term 'non-Federal financial support' means the total financial value of cash and the fair market value of property and services support." (except for personf<l services of volunteers) received— "(A) as gifts, grants, bequests, donations, or other contribu- tions for the construction or operation of noncommercial educa- tional broadcast stations, or for the production, acquisition, distribution, or dissemination of educational television or radio
PUBLIC LAW 94-192—DEC. 31, 1975 89 STAT. 1101 programs, and related activities, from any source other than (i) the United States or any agency or establishment thereof, or (ii) any public broadcasting entity; or "(B) as gifts, grants, donations, contributions, or payments from any State, any agency or political subdivision of a State, or any educational institution, for the construction or operation of noncommercial educational broadcast stations or for the produc- tion, acquisition, distribution, or dissemination of educational television or radio programs, or payments in exchange for serv- ices or materials respecting the provision of educational or instruc- tional television or radio programs. "(11) The term'public broadcasting entity'means the Corporation, "Public any licensee or permittee of a noncommercial educational broadcast broadcasting station, or any nonprofit institution engaged primarily in the pro- «"tity. duction, acquisition, distribution, or dissemination of educational tele- vision or radio programs.". Approved December 31, 1975. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-245 pt. I (Comm. on Interstate and Foreign Commerce), No. 94-245, pt. 2 (Comm. on Appropriations) and No. 94-713 (Comm. of Conference). SENATE REPORTS: No. 94-55 accompanying S. 893 (Comm. on Commerce) and No. 94-447 accompanying S. 2584 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 121 (1975): Nov. 10, considered and passed House. Nov. 17, considered and passed Senate, amended, in lieu of S. 2584. Dec. 10, Senate agreed to conference report. Dec. 17, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 1: Jan. 1, Presidential statement.