An Act to amend the Agricultural Adjustment Act of 1938, as amended
PL 87-446 (H.R.11027), enacted 04/27/1962

64 
PUBLIC LAW 87-445-APR. 27, 1962 
[76 STAT. 
out from the last sentence thereof the words "under oath or affirma-
tion". 
SEC. 4. That subsection (a) of section 319 of the Communications 
Act of 1934, as amended (47 U.S.C. 319(a)), is amended by striking 
out from the last sentence thereof the words "under oath or affirma-
tion". 
Approved April 27, 1962. 
April 27, 1962 
[S. 1589] 
Public Law 87-445 
AN ACT 
To amend the Comiuuiiications Act of 1934 to authorize the issuance of radio 
operator licenses to nationals of the United States. 
Communications 
A c t 
o f 
1 9 3 4, 
amendment. 
Licenses. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled. That section 303(1) 
of the Communications Act of 1934 (48 Stat. 1082) as amended (47 
U.S.C. 303(1)), is hereby amended by inserting the words "or 
nationals" immediately following the word "citizens^'. 
Approved April 27, 1962. 
April 27, 1962 
[H. R. 11027] 
Public Law 87-446 
AN ACT 
To amend the Agricultural Adjustment Act of 1938, as amended. 
Cotton. 
72 Stat. 186; 
75 Stat. 84. 
7 u s e 1344. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ That-section 344(n) 
of the Agricultural Adjustment Act of 1938, as amended, is amended 
(1) by striking out the figures "1961" where they first appear therein 
and inserting me figures "1962". 
Approved April 27, 1962. 
May 1, 1962 
[S. 205] 
Public Law 87-447 
AN ACT 
To amend the Communications Act of 1934 to establish a program of Federal 
matching grants for the construction of television broadcasting facilities to 
be used for educational purposes. 
Communic ations 
Act of 
1934, 
amendment. 
48 Stat. 1081. 
47 u s e 301-38'6. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That title III of 
the Communications Act of 1934 is amended by adding at the end 
thereof the following new part: 
"PART IV—GRANTS FOR EDUCATIONAL. 
FACILITIES 
TELEVISION BROADCASTING 
« 
DECLARATION OF PURPOSE 
"SEC. 390. The purpose of this part is to assist (through matching 
grants) in the construction of educational television broadcasting 
facilities. 
76 STAT. ] 
PUBLIC LAW 87-447-MAY1, 1962 
65 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 391. There are authorized to be appropriated for the fiscal 
year ending June 30,1963, and each of the four succeeding fiscal years 
such sums, not exceeding $32,000,000 in the aggregate, as msij be 
necessary to carry out the purposes of section 390. Sums appropriated 
pursuant to this section snail remain available for payment of grants 
for projects for which applications, approved under section 392, have 
been submitted under such section prior to July 1, 1968. 
"GRANTS FOR CONSTRUCTION 
"SEC. 392. (a) For each project for the construction of educational 
television broadcasting facilities there shall be submitted to the Secre-
tary an application for a grant containing such information with 
respect to such project as the Secretary may by regulation require, 
including the total cost of such project and the amount of the Federal 
grant requested for such project, and providing assurance satisfactory 
to the Secretary— 
"(1) that the applicant is (A) an agency or officer responsible 
for the supervision of public elementary or secondary education or 
public higher education within that State, or within a political 
subdivision thereof, (B) the State educational television agency, 
(C) a college or university deriving its support in whole or in 
part from tax revenues, or (D) a nonprofit foundation, corpora-
tion, or association which is organized primarily to engage in or 
encourage educational television broadcasting and is eligible to 
receive a license from the Federal Communications Commission 
for a noncommercial educational television broadcasting station 
pursuant to the rules and regulations of the Commission in effect 
onApril 12,1962; 
"(2) that the operation of such educational television broad-
casting facilities will be under the control of the applicant or a 
person qualified under paragraph (1) to be such an applicant; 
"(3) that necessary funds to construct, operate, and maintain 
such educational television broadcasting facilities will be avail-
able when needed; and 
"(4) that such television broadcasting facilities will be used 
only for educational purposes. 
"(b) The total amount of grants under this part for the construc-
tion of educational television broadcasting facilities to be situated in 
anv State shall not exceed $1,000,000. 
"(c) In order to assure proper coordination of construction of 
educational television broadcasting facilities within each State which 
has established a State educational television agency, each applicant 
for a grant under this section for a project for construction of such 
facilities in such State, other than such agency, shall notify such 
agency of each application for such a grant which is submitted by it 
to the Secretary, and the Secretary shall advise such agency with 
respect to the disposition of each such application. 
"(d) The Secretary shall base his determinations of whether to 
approve applications for grants under this section and the amount of 
such grants on criteria set forth in regulations and designed to achieve 
(1) prompt and effective use of all educational television channels 
remaining available, (2) equitable geographical distribution of edu-
cational television broadcasting facilities throughout the States, and 
78135 0-63—8 
65 
PUBLIC LA\V 87-447-MAY 1, 1962 
[76 STAT. 
(3) provision of educational television broadcasting facilities whicli 
will serve the greatest number of persons and serve them in as many 
areas as possible, and which are adaptable to the broadest educational 
uses. 
"(e) Upon approving any application under this section with re-
spect to any project, the Secretary shall make a grant to the applicant 
in the amount determined by him, but not exceedmg (1) 50 per centum 
of the amount which he determines to be the reasonable and necessary 
cost of such project, plus (2) 25 per centum of the amount which he 
determines to be the reasonable and necessary cost of any educational 
television broadcasting facilities owned by the applicant on the date 
on which it files such application; except that (A) the total amount 
of any grant made under this section with respect to any project may 
not exceed 75 per centum of the amount determined by the Secretary 
to be the reasonable and necessary cost of such project; and (B) not 
more than 15 per centum of any such grant may be used for the 
acquisition and installation of microwave equipment, boosters, trans-
lators, and repeaters which are to be used to connect two or more 
broadcasting stations. 
The Secretary shall pay such amount, in 
advance or by way of reimbursement, and in such installments con-
sistent with construction progress, as he may determine. 
"(f) If, within ten years after completion of any project for con-
struction of educational television broadcasting facilities with respect 
to which a grant has been made under this section— 
"(1) the applicant or other owner of such facilities ceases to 
. be an agency, officer, institution, foundation, corporation, or 
association described in subsection (a)(1), or 
"(2) such facilities cease to be used for educational television 
purposes (unless the Secretary determines, in accordance wdth 
regulations, that there is good cause for releasing the applicant or 
other owner from the obligation so to do), 
the United States shall be entitled to recover from the applicant or 
other owner of such facilities the amount bearing the same ratio to 
the then value (as determined by agreement of the parties or by action 
brought in the United States district court for the district in which 
such facilities are situated) of such facilities, as the amount of the 
Federal participation bore to the cost of construction of such facilities. 
(( 
RECORDS 
"SEC. 393. (a) Each recipient of assistance under this part shall keep 
such records as may be reasonably necessary to enable the Secretary to 
carry out his functions under this part, including records which fully 
disclose the amount and the disposition by such recipient of the pro-
ceeds 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 oi the project or undertaking 
supplied by other sources, and such other records as will facilitate an 
effective audit. 
"(b) The Secretary and the Comptroller General of the United 
States, or any of their duly authorized representatives, shall have ac-
cess for the purpose of audit and examination to any books, docu-
ments, papers, and records of the recipient that are pertinent to 
assistance received under this part. 
76 STAT. ] 
PUBLIC LAW 87-447-MAY 1, 1962 
67 
u 
DEFINITIONS 
"SEC. 394. For the purposes of this part— 
"(1) The term 'State' includes the District of Columbia and the 
Commonwealth of Puerto Rico. 
"(2) The term 'construction', as applied to educational television 
broadcasting facilities, means the acquisition and installation of trans-
mission apparatus (including towers, microwave equipment, boosters, 
translators, repeaters, mobile equipment, and video-recording equip-
ment) necessary for television broadcasting, including apparatus 
which may incidentally be used for transmitting closed circuit tele-
vision programs, but does not include the construction or repair of 
structures to house such apparatus. 
"(3) The term 'Secretary' means the Secretary of Health, Educa-
tion, and Welfare. 
"(4) The term 'State educational television agency' means (A) a 
board or commission established by State law for the purpose of pro-
moting educational television within a State, (B) a board or commis-
sion appointed by the Governor of a State for such purpose if such 
appointment is not inconsistent with State law, or (C) a State officer 
or agency responsible for the supervision of public elementary or 
secondary education or public higher education within the State which 
has been designated by the Governor to assume responsibility for the 
promotion of educational television; and, in the case of the District of 
Columbia, the term 'Governor' means the Board of Commissioners of 
the District of Columbia. 
"(5) The term 'nonprofit' as applied to any foundation, corpora-
tion, or association, means a foundation, corporation, or association, 
no part of the net earnings of which inures, or may lawfully inure, 
to the benefit^ of^my^private shareholder or individual. 
"PROVISION OF ASSISTANCE BY FEDERAL COMMUNICATIONS COMMISSION 
"SEC. 395. The Federal Communications Commission is authorized 
to provide such assistance in carrying out the provisions of this part 
as mav be requested by the Secretary. The Secretary shall provide for 
consultation and close cooperation with the Federal Communications 
Commission in the administration of his functions under this part 
which are of interest to or affect the functions of the Commission. 
ft 
RULES AND REGULATIONS 
"SEC. 396. The Secretary is authorized to make such rules and regu-
lations as may be necessary to carry out this part, including regulations 
relating to the order of priority in approving applications for projects 
under section 392 or to determining the amounts of grants for such 
projects. 
((. 
FEDERAL INTERFERENCE OR CONTROL PROHIBITED 
"SEC. 397. Nothing contained in this part shall be deemed (1) to 
amend any other provision of, or requirement under this Act; or (2) 
to authorize any department, agency, officer, or employee of the United 
States to exercise any direction, supervision, or control over educa-
tional television broadcasting or over the curriculum, program of 
instruction, or personnel of any educational institution, school system, 
or educational broadcasting station or system." 
Approved May 1, 1962, 12:05 p. m.