PUBLIC LAW 101-437—OCT. 17, 1990 104 STAT. 999 The Secretary may, consistent with the purpose and provisions of this section, permit the programming to be distributed to persons using other media, estabhsh 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)(l) 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)(l)(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 section 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)(l) Each recipient of a grant under this section shall keep such Records. 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.
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