---
kind: "section"
citation: "47 U.S.C. § 398"
title: "47"
title_heading: "Telecommunications"
number: "398"
heading: "Federal interference or control"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/47/398"
units:
  - "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 e — general provisions"
---

# §398. Federal interference or control

- (a) **Prohibition—** 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)](#b), to authorize any department, agency, officer, or employee of the [United States](/usc/47/153.md?p=58) to exercise any direction, supervision, or control over public [telecommunications](/usc/47/153.md?p=50), or over the [Corporation](/usc/47/153.md?p=15) or any of its grantees or contractors, or over the charter or bylaws of the [Corporation](/usc/47/153.md?p=15), or over the curriculum, program of instruction, or personnel of any educational institution, school system, or [public telecommunications entity](/usc/47/397.md?p=12).
- (b) **Equal opportunity employment—**
  - (1) Equal opportunity in employment shall be afforded to all [persons](/usc/47/153.md?p=39) by the Public [Broadcasting](/usc/47/153.md?p=7) Service and National Public Radio (or any successor organization) and by all [public telecommunications entities](/usc/47/397.md?p=12) receiving funds pursuant to subpart C[^1] (hereinafter in this subsection referred to as “recipients”), in accordance with the equal employment opportunity regulations of the Commission, and no [person](/usc/47/153.md?p=39) 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](/usc/47/397.md?p=15) 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](/usc/47/397.md?p=15) under this subsection.
    - (B) The [Secretary](/usc/47/397.md?p=15) shall provide for close coordination with the Commission in the administration of the responsibilities of the [Secretary](/usc/47/397.md?p=15) 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](/usc/47/397.md?p=12) shall be uniformly based upon consistent definitions and categories of information.
  - (3)
    - (A) The [Corporation](/usc/47/153.md?p=15) 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](/usc/47/397.md?p=15) pursuant to [paragraph (2)(A)](#b-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)](#b-1) and the rules and regulations prescribed pursuant to [paragraph (2)(A)](#b-2-A). Any [person](/usc/47/153.md?p=39) which desires to be a recipient (within the meaning of [paragraph (1)](#b-1)) of funds under subpart C[^1] shall, before receiving any such funds, provide to the [Corporation](/usc/47/153.md?p=15) any information which the [Corporation](/usc/47/153.md?p=15) may require to satisfy itself that such [person](/usc/47/153.md?p=39) is affording equal opportunity in employment in accordance with the requirements of this subsection. Determinations made by the [Corporation](/usc/47/153.md?p=15) 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](/usc/47/397.md?p=15).
    - (B) If the [Corporation](/usc/47/153.md?p=15) is not satisfied that any such [person](/usc/47/153.md?p=39) is affording equal opportunity in employment in accordance with the requirements of this subsection, the [Corporation](/usc/47/153.md?p=15) shall notify the [Secretary](/usc/47/397.md?p=15), and the [Secretary](/usc/47/397.md?p=15) shall review the matter and make a final determination regarding whether such [person](/usc/47/153.md?p=39) is affording equal opportunity in employment. In any case in which the [Secretary](/usc/47/397.md?p=15) conducts a review under the preceding sentence, the [Corporation](/usc/47/153.md?p=15) shall make funds available to the [person](/usc/47/153.md?p=39) involved pursuant to the grant application of such [person](/usc/47/153.md?p=39) (if the [Corporation](/usc/47/153.md?p=15) would have approved such application but for the finding of the [Corporation](/usc/47/153.md?p=15) under this paragraph) pending a final determination of the [Secretary](/usc/47/397.md?p=15) upon completion of such review. The [Corporation](/usc/47/153.md?p=15) shall monitor the equal employment opportu­nity practices of each recipient throughout the duration of the grant or contract.
    - (C) The provisions of [subparagraph (A)](#b-3-A) and [subparagraph (B)](#b-3-B) shall take effect on the effective date of the rules and regulations prescribed by the [Secretary](/usc/47/397.md?p=15) pursuant to [paragraph (2)(A)](#b-2-A).
  - (4) Based upon its responsibilities under [paragraph (3)](#b-3), the [Corporation](/usc/47/153.md?p=15) shall provide an annual report for the preceding fiscal year ending September 30 to the [Secretary](/usc/47/397.md?p=15) on or before the 15th day of February of each year. The report shall contain information in the form required by the [Secretary](/usc/47/397.md?p=15). The [Corporation](/usc/47/153.md?p=15) shall provide other information in the form which the [Secretary](/usc/47/397.md?p=15) may require in order to carry out the functions of the [Secretary](/usc/47/397.md?p=15) under this subsection.
  - (5) Whenever the [Secretary](/usc/47/397.md?p=15) makes a final determination, pursuant to the rules and regulations which the [Secretary](/usc/47/397.md?p=15) shall prescribe, that a recipient is not in compliance with [paragraph (1)](#b-1), the [Secretary](/usc/47/397.md?p=15) 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](/usc/47/397.md?p=15) that the violation has been corrected; or
    - (B) enters into a compliance agreement approved by the [Secretary](/usc/47/397.md?p=15);

    the [Secretary](/usc/47/397.md?p=15) shall direct the [Corporation](/usc/47/153.md?p=15) to reduce or suspend any further payments of funds under this part to the recipient and the [Corporation](/usc/47/153.md?p=15) shall comply with such directive. Resumption of payments shall take place only when the [Secretary](/usc/47/397.md?p=15) certifies to the [Corporation](/usc/47/153.md?p=15) that the recipient has entered into a compliance agreement approved by the [Secretary](/usc/47/397.md?p=15). A recipient whose funds have been reduced or suspended under this paragraph may apply at any time to the [Secretary](/usc/47/397.md?p=15) for such certification.

- (c) **Control over content or distribution of programs—** Nothing in this section shall be construed to authorize any department, agency, officer, or employee of the [United States](/usc/47/153.md?p=58) to exercise any direction, supervision, or control over the content or distribution of public [telecommunications](/usc/47/153.md?p=50) programs and services, or over the curriculum or program of instruction of any educational institution or school system.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(June 19, 1934, ch. 652, title III, § 398, formerly § 397, as added Pub. L. 87–447, May 1, 1962, 76 Stat. 67; renumbered § 398 and amended Pub. L. 90–129, title I, § 103(g), title II, § 201(3), (5), Nov. 7, 1967, 81 Stat. 367, 368; Pub. L. 95–567, title III, § 309, Nov. 2, 1978, 92 Stat. 2420; Pub. L. 100–626, § 9(b), Nov. 7, 1988, 102 Stat. 3211; Pub. L. 115–141, div. P, title IV, § 402(i)(9), Mar. 23, 2018, 132 Stat. 1090.)

## Notes

### 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 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.