IIB 

112TH CONGRESS 

1ST SESSION H. R. 1076 

IN THE SENATE OF THE UNITED STATES 

MARCH 17, 2011 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

AN ACT 

To prohibit Federal funding of National Public Radio and 

the use of Federal funds to acquire radio content. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. PROHIBITION ON FEDERAL FUNDING OF NA2 TIONAL PUBLIC RADIO AND RADIO CONTENT 

3 ACQUISITION. 

4 (a) IN GENERAL.—No Federal funds may be made 

5 available— 

6 (1) to an organization that is incorporated as of 

7 the date of the enactment of this Act for each of the 

8 purposes described in subsection (c), or to any suc9 cessor organization; 

10 (2) for payment of dues to an organization de11 scribed in paragraph (1); or 

12 (3) for the acquisition of radio programs (in13 cluding programs to be distributed or disseminated 

14 over the Internet) by or for the use of a radio broad15 cast station that is a public broadcast station (as de16 fined in section 397(6) of the Communications Act 

17 of 1934 (47 U.S.C. 397(6))). 

18 (b) RULES OF CONSTRUCTION.— 

19 (1) OTHER PURPOSES.—Paragraphs (2) and 

20 (3) of subsection (a) shall not be construed to pro21 hibit the making available of Federal funds to any 

22 entity, including an entity that engages in the pay23 ment described in such paragraph (2) or the acquisi24 tion described in such paragraph (3), for purposes 

25 other than such payment or acquisition. 


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1 (2) RADIO CONTENT ACQUISITION BY BROAD2 CASTING BOARD OF GOVERNORS OR DEFENSE MEDIA

3 ACTIVITY.—Subsection (a)(3) shall not be construed 

4 to apply to the acquisition of radio programs by the 

5 Broadcasting Board of Governors or the Defense 

6 Media Activity. 

7 (c) PURPOSES DESCRIBED.—The purposes described 

8 in this subsection are the following: 

9 (1) To propose, plan and develop, to acquire, 

10 purchase and lease, to prepare, produce and record, 

11 and to distribute, license and otherwise make avail12 able radio programs to be broadcast over non13 commercial educational radio broadcast stations, 

14 networks and systems. 

15 (2) To engage in research study activities with 

16 respect to noncommercial educational radio pro17 gramming and broadcasting. 

18 (3) To lease, purchase, acquire and own, to 

19 order, have, use and contract for, and to otherwise 

20 obtain, arrange for and provide technical equipment 

21 and facilities for the production, recording and dis22 tribution of radio programs for broadcast over non23 commercial educational radio stations, networks and 

24 systems. 


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1 (4) To establish and maintain one or more serv2 ice or services for the production, duplication, pro3 motion and circulation of radio programs on tape, 

4 cassettes, records or any other means or mechanism 

5 suitable for noncommercial educational transmission 

6 and broadcast thereof. 

7 (5) To cooperate and participate with foreign 

8 broadcasting systems and networks in all aspects of 

9 international radio programming and broadcasting. 

10 (6) To develop, prepare and publish informa11 tion, data, reports and other materials in support of 

12 or relating to noncommercial educational radio pro13 gramming and broadcasting. 

14 (7) To otherwise forward and advance the de15 velopment, production, distribution and use of non16 commercial educational radio programs, materials 

17 and services, and to assist and support noncommer18 cial educational radio broadcasting pursuant to the 

19 Public Broadcasting Act of 1967, as it may from 

20 time to time be amended. 

21 (d) FEDERAL FUNDS DEFINED.— 

22 (1) IN GENERAL.—In this section, the term 

23 ‘‘Federal funds’’ means, with respect to receipt by a 

24 non-Federal entity from the Federal Government, 

25 the following: 


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1 (A) Grants. 

2 (B) Loans. 

3 (C) Property. 

4 (D) Cooperative agreements. 

5 (E) Direct appropriations. 

6 (2) GRANTS OR SUBGRANTS FROM NON-FED7 ERAL ENTITY.—Such term also includes grants or 

8 subgrants from Federal funds made available to a 

9 non-Federal entity. 

10 (e) CHANGES TO FUNDING FORMULA.—Section 

11 396(k)(3)(A) of the Communications Act of 1934 (47 

12 U.S.C. 396(k)(3)(A)) is amended— 

13 (1) in clause (iii), by striking ‘‘fiscal year’’ and 

14 all that follows and inserting ‘‘fiscal year, such 

15 amounts shall be available for distribution among 

16 the licensees and permittees of public radio stations 

17 pursuant to paragraph (6)(B).’’; and 

18 (2) in clause (v)(II), by striking ‘‘clause (ii)(II) 

19 and (III)’’ and inserting ‘‘clause (iii)’’. 

20 (f) CONFORMING AMENDMENTS.—Section 396 of the 

21 Communications Act of 1934 (47 U.S.C. 396) is amend22 ed— 

23 (1) in subsection (g)(2)— 

24 (A) in the matter before clause (i) of sub25 paragraph (B), by inserting ‘‘(except for the acVerDate Mar 15 2010 23:49 Mar 17, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1076.RFS H1076

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1 quisition of radio programs)’’ after ‘‘public tele2 communications services’’; and 

3 (B) in subparagraph (C), by inserting 

4 ‘‘(except for the acquisition of radio programs)’’ 

5 after ‘‘public telecommunications services’’; 

6 (2) in subsection (k)— 

7 (A) in the 1st sentence of paragraph 

8 (3)(B)(i)— 

9 (i) by striking ‘‘and subparagraph 

10 (A)(iii)(II)’’; and 

11 (ii) by striking ‘‘or radio’’; 

12 (B) in the 3rd sentence of paragraph 

13 (6)(B), by striking ‘‘paragraph (3)(A)(iii)(I)’’ 

14 and inserting ‘‘paragraph (3)(A)(iii)’’; and 

15 (C) in paragraph (7)— 

16 (i) by striking ‘‘(iii)(I)’’ and inserting 

17 ‘‘(iii)’’; and 

18 (ii) by inserting ‘‘(except for the ac19 quisition of radio programming)’’ before 

20 the period at the end; and 

21 (3) in subsection (l)(4)— 

22 (A) in the matter before clause (i) of sub23 paragraph (B), by striking ‘‘(iii)(II)’’ and in24 serting ‘‘(iii)’’; 


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1 (B) in subparagraph (C), by striking ‘‘sub2 section (k)(3)(A)(iii)(III)’’ and inserting ‘‘sub3 section (k)(3)(A)(iii)’’; and 

4 (C) in subparagraph (D), by striking ‘‘sub5 section (k)(3)(A) (ii)(III) or (iii)(II)’’ and in6 serting ‘‘subsection (k)(3)(A)(ii)(II) or sub7 section (k)(3)(A)(iii)’’. 

Passed the House of Representatives March 17, 

2011. 

Attest: KAREN L. HAAS, 

Clerk. 


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