Washington report (May 1962)

- 6 - functions under this part, including records which fully disclose the amount and the disposition by such recipient of the proceeds 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 of 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 access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to assistance received under this part. 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 broad¬ casting facilities, means the acquisition and installation of transmission apparatus (including towers, microwave equipment, boosters, translators, repeaters, mobile equipment, and video-recording equipment) necessary for television broadcasting, including apparatus which may incidentally be used for transmitting closed circuit television programs, but does not include the construction or repair of structures to house such apparatus. (3) The term "Secretary" means the Secretary of Health, Education, and Welfare. (4) The term "State educational television agency" means (A) a board or commission established by State law for the purpose of promoting educational tele¬ vision within a State, (B) a board or commission 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, corporation, 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 any private shareholder or individual. SEC. 395. The Federal Communications Commission is authorized to provide such assistance in carrying out the provisions of this part as may 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. SEC. 396. The Secretary is authorized to make such rules and regulations 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 deter¬ mining the amounts of grants for such projects. SEC. 397. Nothing contained in this part shall be deemed (l) to amend any other provision of, or requirement under this Act; or (2) to authorize any depart¬ ment, agency, officer, or employee of the United States to exercise any direction, supervision, or control over educational television broadcasting or over the cur¬ riculum, program of instruction, or personnel of any educational institution, school system, or educational broadcasting station or system.