101st CONGRESS
2d Session
H. R. 1677
AMENDMENT
HR 1677 EAS
In the Senate of the United States,
September 24 (legislative day, September 10), 1990.
Resolved, That the bill from the House of Representatives (H.R. 1677)
entitled `An Act to require the Federal Communications Commission to
reinstate restrictions on advertising during children's television,
to enforce the obligation of broadcasters to meet the educational and
informational needs of the child audience, and for other purposes',
do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SHORT TITLE

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(1) it has been clearly demonstrated that television can assist children to
learn important information, skills, values, and behavior, while entertaining
them and exciting their curiosity to learn about the world around them;
(2) as part of their obligation to serve the public interest, television
station operators and licensees should provide programming that serves
the special needs of children;
(3) the financial support of advertisers assists in the provision of
programming to children;
(4) special safeguards are appropriate to protect children from
overcommercialization on television;
(5) television station operators and licensees should follow practices
in connection with children's television programming and advertising that
take into consideration the characteristics of this child audience; and
(6) it is therefore necessary that the Federal Communications Commission
(hereinafter referred to as the `Commission') take the actions required
by this title.
STANDARDS FOR CHILDREN'S TELEVISION PROGRAMMING

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TITLE I

-REGULATION OF CHILDREN'S TELEVISION FINDINGS

enactment of this Act, initiate a rulemaking proceeding to prescribe
standards applicable to commercial television broadcast licensees with
respect to the time devoted to commercial matter in conjunction with
children's television programming. The Commission shall, within 180 days
after the date of enactment of this Act, complete the rulemaking proceeding
and prescribe final standards that meet the requirements of subsection (b).
(b) Except as provided in subsection (c), the standards prescribed under
subsection (a) shall include the requirement that each commercial television
broadcast licensee shall limit the duration of advertising in children's
television programming to not more than 10.5 minutes per hour on weekends
and not more than 12 minutes per hour on weekdays.
(c) After January 1, 1993, the Commission--
(1) may review and evaluate the advertising duration limitations required
by subsection (b); and
(2) may, after notice and public comment and a demonstration of the need
for modification of such limitations, modify such limitations in accordance
with the public interest.
(d) As used in this section, the term `commercial television broadcast
licensee' includes a cable operator, as defined in section 602 of the
Communications Act of 1934 (47 U.S.C. 522).
CONSIDERATION OF CHILDREN'S TELEVISION SERVICE IN BROADCAST LICENSE RENEWAL

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the Commission shall, in its review of any application for renewal of a
television broadcast license, consider the extent to which the licensee--
(1) has complied with such standards; and
(2) has served the educational and informational needs of children through
the licensee's overall programming, including programming specifically
designed to serve such needs.
(b) In addition to consideration of the licensee's programming as required
under subsection (a), the Commission may consider--
(1) any special nonbroadcast efforts by the licensee which enhance the
educational and informational value of such programming to children; and
(2) any special efforts by the licensee to produce or support programming
broadcast by another station in the licensee's marketplace which is
specifically designed to serve the educational and informational needs
of children.
PROGRAM LENGTH COMMERCIAL MATTER

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Commission shall complete the proceeding known as `Revision of Programming
and Commercialization Policies, Ascertainment Requirements and Program
Log Requirements for Commercial Television Stations', MM Docket No. 83-670.
SHORT TITLE

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Educational Television Act of 1990'.
FINDINGS

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TITLE II

-ENDOWMENT FOR CHILDREN'S EDUCATIONAL TELEVISION

(1) children in the United States are lagging behind those in other countries
in fundamental intellectual skills, including reading, writing, mathematics,
science, and geography;
(2) these fundamental skills are essential for the future governmental
and industrial leadership of the United States;
(3) the United States must act now to greatly improve the education of
its children;
(4) television is watched by children about three hours each day on average
and can be effective in teaching children;
(5) educational television programming for children is aired too infrequently
either because public broadcast licensees and permittees lack funds or
because commercial broadcast licensees and permittees or cable television
system operators do not have the economic incentive; and
(6) the Federal Government can assist in the creation of children's
educational television by establishing a National Endowment for Children's
Educational Television to supplement the children's educational programming
funded by other governmental entities.
NATIONAL ENDOWMENT FOR CHILDREN'S EDUCATIONAL TELEVISION

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(47 U.S.C. 390 et seq.) is amended--
(1) by redesignating section 394 as section 393A;
(2) by redesignating subparts B, C, and D as subparts C, D, and E,
respectively; and
(3) by inserting immediately after section 393A, as so redesignated,
the following new subpart:
`Subpart B--National Endowment for Children's Educational Television
`ESTABLISHMENT OF NATIONAL ENDOWMENT
`SEC. 394. (a) It is the purpose of this section to enhance the education
of children through the creation and production of television programming
specifically directed toward the development of fundamental intellectual
skills.
`(b)(1) There is established, under the direction of the Secretary, a
National Endowment for Children's Educational Television. In administering
the National Endowment, the Secretary is authorized to--
`(A) contract with the Corporation for the production of educational
television programming for children; and
`(B) make grants directly to persons proposing to create and produce
educational television programming for children.
The Secretary shall consult with the Advisory Council on Children's Educational
Television in the making of the grants or the awarding of contracts for the
purpose of making the grants.
`(2) Contracts and grants under this section shall be made on the condition
that the programming shall--
`(A) during the first two years after its production, be made available
only to public television licensees and permittees and noncommercial
television licensees and permittees; and
`(B) thereafter be made available to any commercial television licensee
or permittee or cable television system operator, at a charge established
by the Secretary that will assure the maximum practicable distribution of
such programming, so long as such licensee, permittee, or operator does not
interrupt the programming with commercial advertisements. The Secretary
may, consistent with the purpose and provisions of this section, permit
the programming to be distributed to persons using other media, establish
conditions relating to such distribution, and apply those conditions to
any contract or grant made under this section. The Secretary may waive
the requirements of subparagraph (A) if the Secretary finds that neither
public television licensees and permittees nor noncommercial television
licensees and permittees will have an opportunity to air such programming
in the first two years after its production.
`(c)(1) The Secretary, with the advice of the Advisory Council on Children's
Educational Television, shall establish criteria for making contracts
and grants under this section. Such criteria shall be consistent with
the purpose and provisions of this section and shall be made available to
interested parties upon request. Such criteria shall include--
`(A) criteria to maximize the amount of programming that is produced with
the funds made available by the Endowment;
`(B) criteria to minimize the costs of--
`(i) selection of grantees,
`(ii) administering the contracts and grants, and
`(iii) the administrative costs of the programming production; and
`(C) criteria to otherwise maximize the proportion of funds made available
by the Endowment that are expended for the cost of programming production.
`(2) Applications for grants under this section shall be submitted to the
Secretary in such form and containing such information as the Secretary
shall require by regulation.
`(d) Upon approving any application for a grant under subsection (b)(1)(B),
the Secretary shall make a grant to the applicant in an amount determined
by the Secretary, except that such amounts shall not exceed 75 percent of
the amount determined by the Secretary to be the reasonable and necessary
cost of the project for which the grant is made.
`(e)(1) The Secretary shall establish an Advisory Council on Children's
Educational Television. The Secretary shall appoint ten individuals
as members of the Council and designate one of such members to serve
as Chairman.
`(2) Members of the Council shall have terms of two years, and no member
shall serve for more than three consecutive terms. The members shall have
expertise in the fields of education, psychology, child development, or
television programming, or related disciplines. Officers and employees of
the United States shall not be appointed as members.
`(3) While away from their homes or regular places of business in the
performance of duties for the Council, the members of the Council shall
serve without compensation but shall be allowed travel expenses, including
per diem in lieu of subsistence, in accordance with 5703 of title 5,
United States Code.
`(4) The Council shall meet at the call of the Chairman and shall advise the
Secretary concerning the making of contracts and grants under this section.
`(f)(1) Each recipient of a grant under this section shall keep such records
as may be reasonably necessary to enable the Secretary to carry out the
Secretary's functions under this section, including records which fully
disclose the amount and the disposition by such recipient of the proceeds
of such grant, the total cost of the project, the amount and nature of
that portion of the cost of the project supplied by other sources, and
such other records as will facilitate an effective audit.
`(2) The Secretary and the Comptroller General of the United States, or any
of their duly authorized representatives, shall have access for the purposes
of audit and examination to any books, documents, papers, and records of
the recipient that are pertinent to a grant received under this section.
`(g) The Secretary is authorized to make such rules and regulations as may
be necessary to carry out this section, including those relating to the
order of priority in approving applications for projects under this section
or to determining the amounts of contracts and grants for such projects.
`(h) There are authorized to be appropriated $2,000,000 for fiscal year
1991 and $4,000,000 for fiscal year 1992 to be used by the Secretary to
carry out the provisions of this section. Sums appropriated under this
subsection for any fiscal year shall remain available for contracts and
grants for projects for which applications approved under this section
have been submitted wtihin one year after the last day of such fiscal year.
`(i) For purposes of this section--
`(1) the term `educational television programming for children' means
any television program which is directed to  an audience of children who
are 16 years of age or younger and which is designed for the intellectual
development of those children, except that such term does not include any
television program which is directed to a general audience but which might
also be viewed by a significant number of children; and
`(2) the term `person' means an individual, partnership, association, joint
stock company, trust, corporation, or State or local governmental entity.'.
(b) Section 397 of the Communications Act of 1934 (47 U.S.C. 397)
is amended--
(1) in paragraph (2) by striking `subpart C' and inserting in lieu thereof
`subpart D'; and
(2) in paragraph (15)--
(A) by inserting `and subpart B' immediately after `subpart A'; and
(B) by striking `subpart B, subpart C' and inserting in lieu thereof
`subpart C, subpart D'.
Attest:
Secretary.

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Children's Television Act of 1989 — HR. 1677

Other Sections

TITLE I

TITLE II

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