[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5013 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 5013

 To provide incentives for improving telecommunications and technology 
                           use in education.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 21, 1994

 Mr. Lehman (for himself, Mr. Lewis of California, Mr. Cooper, and Mr. 
 McKeon) introduced the following bill; which was referred jointly to 
     the Committees on Education and Labor and Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To provide incentives for improving telecommunications and technology 
                           use in education.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Classroom 
Technology Act of 1994''.
    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
             TITLE I--LEADERSHIP IN EDUCATIONAL TECHNOLOGY

Sec. 101. Purposes.
Sec. 102. Federal leadership.
Sec. 103. Office of Educational Technology.
Sec. 104. Uses of funds.
Sec. 105. Non-Federal share.
Sec. 106. Office of Training Technology Transfer.
Sec. 107. Authorization of appropriations.
  TITLE II--STATE PLANNING FOR IMPROVING STUDENT ACHIEVEMENT THROUGH 
             INTEGRATION OF TECHNOLOGY INTO THE CURRICULUM

Sec. 201. State planning for improving student achievement through 
                            integration of technology into the 
                            curriculum.
               TITLE III--UNIVERSAL SERVICE FOR EDUCATION

Sec. 301. Universal service protection and advancement.
Sec. 302. Public access.

SEC. 2. DEFINITIONS.

    (a) In General.--The terms used in this Act, unless otherwise 
specified, shall have the same meaning given to such terms by section 
1471 of the Elementary and Secondary Education Act of 1965.
    (b) Additional Definitions.--For the purpose of this Act--
            (1) the term ``all students'' means students from a broad 
        range of backgrounds and circumstances, including disadvantaged 
        students, students with diverse racial, ethnic, and cultural 
        backgrounds, students with disabilities, students with limited-
        English proficiency, students who have dropped out of school, 
        and academically talented students;
            (2) the term ``information infrastructure'' means a network 
        of communication systems designed to exchange information among 
        all citizens and residents of the United States;
            (3) the terms ``interoperable'' and ``interoperability'' 
        refer to the ability to easily exchange data with, and connect 
        to, other hardware and software in order to provide the 
        greatest accessibility for all students;
            (4) the term ``Office'' means the Office of Educational 
        Technology;
            (5) the term ``public telecommunications entity'' has the 
        same meaning given to such term by section 397(12) of the 
        Communications Act of 1934;
            (6) the term ``technology'' means state-of-the-art 
        technology products and services, such as closed circuit 
        television systems, educational television and radio programs 
        and services, cable television, satellite, copper and fiber 
        optic transmission, computer, video and audio laser and CD-ROM 
        discs, and video and audio tapes; and
            (7) the term ``instructional programming'' means the full 
        range of audio and video data, text, graphics, or additional 
        state-of-the-art communications, including multimedia based 
        resources distributed through interactive, command and control, 
        or passive methods for the purpose of education and 
        instruction.

             TITLE I--LEADERSHIP IN EDUCATIONAL TECHNOLOGY

SEC. 101. PURPOSES.

    It is the purpose of this title to promote achievement of the 
National Education Goals and--
            (1) to provide leadership at the Federal level, through the 
        Department of Education, by developing a national vision and 
        strategy--
                    (A) to infuse technology and technology planning 
                into all educational programs and training functions 
                carried out within school systems at the State and 
                local level;
                    (B) to coordinate educational technology activities 
                among the related Federal and State departments or 
                agencies, industry leaders, and interested educational 
                and parental organizations; and
                    (C) to ensure that Federal technology-related 
                policies and programs facilitate the use of technology 
                in education;
            (2) to support State and local efforts to increase the 
        effective use of technology for education;
            (3) to ensure the availability and dissemination of 
        knowledge (drawn from research and experience) that can form 
        the basis for sound State and local decisions about investment 
        in, and effective uses of, educational technology; and
            (4) to monitor, and disseminate information regarding, 
        advancements in technology to encourage the development of 
        effective educational uses of technology.

SEC. 102. FEDERAL LEADERSHIP.

    (a) Activities Authorized.--
            (1) In general.--In order to provide Federal leadership 
        that promotes higher student achievement through the use of 
        technology in education and to achieve the purposes of this 
        title, the Secretary, in consultation with the Office of 
        Science and Technology Policy, the National Science Foundation, 
        the United States National Commission on Libraries and 
        Information Sciences, the Department of Commerce, the 
        Department of Energy, the National Aeronautics and Space 
        Administration, and other appropriate Federal departments or 
        agencies, may carry out activities designed to achieve the 
        purposes of this title.
            (2) Transfer of funds.--For the purpose of carrying out 
        coordinated or joint activities to achieve the purposes of this 
        title, the Secretary may accept funds from, and transfer funds 
        to, other Federal departments or agencies.
    (b) National Long-Range Technology Plan.--
            (1) In general.--The Secretary shall develop and publish 
        within 12 months of the date of enactment of this Act, and 
        update when the Secretary determines appropriate, a national 
        long-range plan that supports the overall national technology 
        policy and carries out the purposes of this title.
            (2) Plan requirements.--The Secretary shall--
                    (A) develop the national long-range plan in 
                consultation with other Federal departments or 
                agencies, State and local education practitioners and 
                policymakers, experts in technology and the educational 
                applications of technology, representatives of distance 
                learning consortia, representatives of 
                telecommunications partnerships receiving assistance 
                under the Star Schools Program Assistance Act, and 
                providers of technology services and products;
                    (B) transmit such plan to the President and to the 
                appropriate committees of the Congress; and
                    (C) publish such plan in a form that is readily 
                accessible to the public.
            (3) Contents of the plan.--The national long-range plan 
        shall describe the Secretary's activities to promote the 
        purposes of this title, including--
                    (A) how the Secretary will encourage the effective 
                use of technology to provide all students the 
                opportunity to achieve challenging State content 
                standards and challenging State student performance 
                standards, especially through programs administered by 
                the Department of Education;
                    (B) joint activities in support of the overall 
                national technology policy with other Federal 
                departments or agencies, such as the Office of Science 
                and Technology Policy, the National Endowment for the 
                Humanities, the National Endowment for the Arts, the 
                National Aeronautics and Space Administration, the 
                National Science Foundation, and the Departments of 
                Commerce, Energy, Health and Human Services, and 
                Labor--
                            (i) to promote the use of technology in 
                        education, and training and lifelong learning, 
                        including plans for the educational uses of a 
                        national information infrastructure; and
                            (ii) to ensure that the policies and 
                        programs of such departments or agencies 
                        facilitate the use of technology for 
                        educational purposes, to the extent feasible;
                    (C) how the Secretary will work with educators, 
                State and local educational agencies, and appropriate 
                representatives of the private sector to facilitate the 
                effective use of technology in education;
                    (D) how the Secretary will promote--
                            (i) higher achievement of all students 
                        through the integration of technology into the 
                        curriculum;
                            (ii) increased access to the benefits of 
                        technology for teaching and learning for 
                        schools with a high concentration of children 
                        from low-income families;
                            (iii) the application of technological 
                        advances to use in education; and
                            (iv) increased opportunities for the 
                        professional development of teachers in the use 
                        of new technologies;
                    (E) how the Secretary will determine, in 
                consultation with appropriate individuals, 
                organizations, industries, and agencies, the 
                feasibility and desirability of establishing guidelines 
                to facilitate an easy exchange of data and effective 
                use of technology in education;
                    (F) how the Secretary will utilize the outcomes of 
                the evaluation undertaken pursuant to section 908 of 
                the Star Schools Program Assistance Act to promote the 
                purposes of this title; and
                    (G) the Secretary's long-range measurable goals and 
                objectives relating to the purposes of this title.
    (c) Assistance.--The Secretary shall provide assistance to the 
States to enable such States to plan effectively for the use of 
technology in all schools throughout the State in accordance with the 
purpose and requirements of section 201.

SEC. 103. OFFICE OF EDUCATIONAL TECHNOLOGY.

    (a) Amendment to the Department of Education Organization Act.--
Title II of the Department of Education Organization Act (20 U.S.C. 
3411 et seq.) is amended by adding at the end the following new 
section:

                   ``office of educational technology

    ``Sec. 216. There shall be in the Department of Education an Office 
of Educational Technology, to be administered by the Director of 
Educational Technology. The Director of Educational Technology shall 
report directly to the Secretary and shall perform such additional 
functions as the Secretary may prescribe. Such Office shall be 
established in accordance with section 405A of the General Education 
Provisions Act.''.
    (b) Amendment to the General Education Provisions Act.--Part A of 
the General Education Provisions Act (20 U.S.C. 1221c et seq.) is 
amended by inserting after section 405 the following new section:

``SEC. 405A. OFFICE OF EDUCATIONAL TECHNOLOGY.

    ``(a) Establishment.--The Secretary shall establish an Office of 
Educational Technology (hereafter in this section referred to as the 
`Office').
    ``(b) Functions of the Office.--The Director of the Office of 
Educational Technology (hereafter in this section referred to as the 
`Director'), through the Office, shall--
            ``(1) in support of the overall national technology policy 
        and in consultation with other Federal departments or agencies 
        which the Director determines appropriate, provide leadership 
        to the Nation in the use of technology to promote achievement 
        of the National Education Goals and to increase opportunities 
        for all students to achieve challenging State content and 
        challenging State student performance standards;
            ``(2) review all programs and training functions 
        administered by the Department and recommend policies in order 
        to promote increased use of technology and technology planning 
        throughout all such programs and functions;
            ``(3) review all relevant programs supported by the 
        Department to ensure that such programs are coordinated with 
        and support the national long-range technology plan developed 
        pursuant to this Act; and
            ``(4) perform such additional functions as the Secretary 
        may require.
    ``(c) Personnel.--The Director is authorized to select, appoint, 
and employ such officers and employees as may be necessary to carry out 
the functions of the Office, subject to the provisions of title 5, 
United States Code (governing appointments in the competitive service), 
and the provisions of chapter 51 and subchapter III of chapter 53 of 
such title (relating to classification and General Schedule pay rates.
    ``(d) Experts and Consultants.--The Secretary may obtain the 
services of experts and consultants in accordance with section 3109 of 
title 5, United States Code.''.
    (c) Compensation of the Director.--Section 5315 of title 5, United 
States Code, is amended by adding at the end the following:
            ``Director of the Office of Educational Technology.''.

SEC. 104. USES OF FUNDS.

    (a) In General.--The Secretary shall use funds appropriated 
pursuant to the authority of section 107 for activities designed to 
carry out the purpose of this title, including--
            (1) providing assistance to technical assistance providers 
        to enable such providers to improve substantially the services 
        such providers offer to educators regarding the educational 
        uses of technology, including professional development;
            (2) consulting with representatives of industry, elementary 
        and secondary education, higher education, and appropriate 
        experts in technology and the educational applications of 
        technology, in carrying out the activities assisted under this 
        title;
            (3) research on, and the development of, guidelines to 
        facilitate maximum interoperability, efficiency and easy 
        exchange of data for effective use of technology in education;
            (4) research on, and the development of, educational 
        applications of the most advanced and newly emerging 
        technologies;
            (5) the development, demonstration, and evaluation of 
        applications of existing technology in preschool education, 
        elementary and secondary education, training and lifelong 
        learning, and professional development of educational 
        personnel;
            (6) the development and evaluation of software and other 
        products, including multimedia television programming, that 
        incorporate advances in technology and help achieve the 
        National Education Goals, challenging State content standards 
        and challenging State student performance standards;
            (7) the development, demonstration, and evaluation of model 
        strategies for preparing teachers and other personnel to use 
        technology effectively to improve teaching and learning;
            (8) the development of model programs that demonstrate the 
        educational effectiveness of technology in urban and rural 
        areas and economically distressed communities;
            (9) research on, and the evaluation of, the effectiveness 
        and benefits of technology in education giving priority to 
        research on, and evaluation of, such effectiveness and benefits 
        in elementary and secondary schools;
            (10) a biannual assessment of, and report to the public 
        regarding, the uses of technology in elementary and secondary 
        education throughout the United States upon which private 
        businesses and Federal, State and local governments may rely 
        for decisionmaking about the need for, and provision of, 
        appropriate technologies in schools, which assessment and 
        report shall use, to the extent possible, existing information 
        and resources;
            (11) conferences on, and dissemination of information 
        regarding, the uses of technology in education;
            (12) encouraging collaboration between the Department of 
        Education and other Federal agencies in the development, 
        implementation, evaluation and funding of applications of 
        technology for education, as appropriate; and
            (13) such other activities as the Secretary determines will 
        meet the purposes of this title.
    (b) Special Rules.--
            (1) In general.--The Secretary shall carry out the 
        activities described in subsection (a) directly or by grant or 
        contract.
            (2) Grants and contracts.--Each grant or contract under 
        this title shall be awarded--
                    (A) on a competitive basis; and
                    (B) pursuant to a peer review process.

SEC. 105. NON-FEDERAL SHARE.

    (a) In General.--Subject to subsections (b) and (c), the Secretary 
may require any recipient of a grant or contract under this title to 
share in the cost (not to exceed 50 percent of such cost) of the 
activities assisted under such grant or contract, which non-Federal 
share shall be announced through a notice in the Federal Register and 
may be in the form of cash or in-kind contributions, fairly valued.
    (b) Increase.--The Secretary may increase the non-Federal share 
that is required of a recipient of a grant or contract under this title 
after the first year such recipient receives funds under such grant or 
contract.
    (c) Maximum.--The non-Federal share required under this section 
shall not exceed 50 percent of the cost of the activities assisted 
pursuant to a grant or contract under this title.

SEC. 106. OFFICE OF TRAINING TECHNOLOGY TRANSFER.

    (a) Transfer.--
            (1) In general.--The Office of Training Technology Transfer 
        as established under section 6103 of the Training Technology 
        Transfer Act of 1988 (20 U.S.C. 5093) is transferred to the 
        Office of Educational Technology.
            (2) Technical amendment.--The first sentence of section 
        6103(a) of the Training Technology Transfer Act of 1988 (20 
        U.S.C. 5093(a)) is amended by striking ``Office of Educational 
        Research and Improvement'' and inserting ``Office of 
        Educational Technology''.
    (b) Authorization of Appropriations.--The Training Technology 
Transfer Act of 1988 (20 U.S.C. 5091 et seq.) is amended by adding at 
the end the following new section:

``SEC. 6108. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $3,000,000 for fiscal 
year 1995, and such sums as may be necessary for each of the fiscal 
years 1996 through 1999, to carry out this chapter.''.

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $5,000,000 for the fiscal 
year 1994, and such sums as may be necessary for each of the fiscal 
years 1995 through 1998, to carry out this title.

  TITLE II--STATE PLANNING FOR IMPROVING STUDENT ACHIEVEMENT THROUGH 
             INTEGRATION OF TECHNOLOGY INTO THE CURRICULUM

SEC. 201. STATE PLANNING FOR IMPROVING STUDENT ACHIEVEMENT THROUGH 
              INTEGRATION OF TECHNOLOGY INTO THE CURRICULUM.

    (a) Purpose.--It is the purpose of this section to assist each 
State to plan effectively for improved student learning in all schools 
through the use of technology as an integral part of the State 
improvement plan described in section 306 of the Goals 2000: Educate 
America Act.
    (b) Program Authorized.--
            (1) Authority.--The Secretary shall award grants in 
        accordance with allocations under paragraph (2) to each State 
        educational agency that, as part of its application under 
        section 305 of the Goals 2000: Educate America Act, requests a 
        grant to develop (or continue the development of), and submits 
        as part of the State improvement plan described in section 306 
        of such Act, a systemic statewide plan to increase the use of 
        state-of-the-art technologies that enhance elementary and 
        secondary student learning and professional development in 
        support of the National Education Goals and challenging 
        standards.
            (2) Formula.--From the amount appropriated pursuant to the 
        authority of subsection (f) in each fiscal year, each State 
        educational agency with an application approved under section 
        305 of the Goals 2000: Educate America Act shall receive a 
        grant under paragraph (1) in such year in an amount determined 
        on the same basis as allotments are made to State educational 
        agencies under subsections (b) and (c) of section 304 of such 
        Act for such year, except that each such State shall receive at 
        least 1\1/2\ percent of the amount appropriated pursuant to 
        such authority or $75,000, whichever is greater.
            (3) Duration.--A State educational agency may receive 
        assistance under this section for not more than 2 fiscal years.
    (c) Plan Objectives.--Each State educational agency shall use funds 
received under this section to develop and, if the Secretary has 
approved the systemic statewide plan, to implement such plan. Such plan 
shall have as its objectives--
            (1) the promotion of higher student achievement through the 
        use of technology in education;
            (2) the participation of all schools and school districts 
        in the State, especially those schools and districts with a 
        high percentage of disadvantaged students;
            (3) the development and implementation of a cost-effective, 
        high-speed, statewide, interoperable, wide-area-communication 
        educational technology support system for elementary and 
        secondary schools within the State, particularly for such 
        schools in rural areas; and
            (4) the promotion of shared usage of equipment, facilities, 
        and other technology resources by adult learners during after-
        school hours.
    (d) Plan Requirements.--At a minimum, each systemic statewide plan 
shall--
            (1) be developed by a task force that--
                    (A) includes among its members experts in the 
                educational use of technology and representatives of 
                the State panel described in section 306(b) of the 
                Goals 2000: Educate America Act; and
                    (B) ensures that such plan is integrated into the 
                State improvement plan described in section 306 of the 
                Goals 2000: Educate America Act;
            (2) be developed in collaboration with the Governor, 
        representatives of the State legislature, the State board of 
        education, institutions of higher education, appropriate State 
        agencies, local educational agencies, public and private 
        telecommunication entities, parents, public and school 
        libraries, students, adult literacy providers, and leaders in 
        the field of technology, through a process of statewide 
        grassroots outreach to local educational agencies and schools 
        in the State;
            (3) identify and describe the requirements for introducing 
        state-of-the-art technologies into the classroom and school 
        library in order to enhance educational curricula, including 
        the installation and ongoing maintenance of basic connections, 
        hardware and the necessary support materials;
            (4) describe how the application of advanced technologies 
        in the schools will enhance student learning, provide greater 
        access to individualized instruction, promote the strategies 
        described in section 306(d) of the Goals 2000: Educate America 
        Act, and help make progress toward the achievement of the 
        National Education Goals;
            (5) describe how the ongoing training of educational 
        personnel will be provided;
            (6) describe the resources necessary, and procedures, for 
        providing ongoing technical assistance to carry out such plan;
            (7) provide for the dissemination on a statewide basis of 
        exemplary programs and practices relating to the use of 
        technology in education;
            (8) establish a funding estimate (including a statement of 
        likely funding sources) and a schedule for the development and 
        implementation of such plan;
            (9) describe how the State educational agency will assess 
        the impact of implementing such plan on student achievement and 
        aggregate achievement for schools;
            (10) describe how the State educational agency and local 
        educational agencies in the State will coordinate and cooperate 
        with business and industry, and with public and private 
        telecommunications entities; and
            (11) describe the process through which such plan will be 
        reviewed and updated periodically.
    (e) Reports.--Each State educational agency receiving a grant under 
this section shall submit a report to the Secretary within 1 year of 
the date such agency submits to the Secretary its systemic statewide 
plan under this section. Such report shall--
            (1) describe the State's progress toward implementation of 
        the provisions of such plan;
            (2) describe any revisions to the State's long-range plans 
        for technology;
            (3) describe the extent to which resources provided 
        pursuant to such plan are distributed among schools to promote 
        the strategies described in section 306(d) of the Goals 2000: 
        Educate America Act; and
            (4) include any other information the Secretary deems 
        appropriate.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 for fiscal year 1994, and such sums as may be 
necessary for fiscal year 1995, to carry out this section.

 TITLE III--NATIONAL TELECOMMUNICATIONS AND INFORMATION INFRASTRUCTURE 
                              DEVELOPMENT.

SEC. 301. NATIONAL TELECOMMUNICATIONS AND INFORMATION INFRASTRUCTURE 
              DEVELOPMENT.

    The National Telecommunications and Information Administration 
Organization Act is amended--
            (1) by redesignating part C as part D; and
            (2) by inserting after part B the following new parts:

  ``PART C--TELECOMMUNICATIONS AND INFORMATION INFRASTRUCTURE PROGRAM

``SEC. 131. PURPOSE.

    ``It is the purpose of this part to facilitate the development of 
the national telecommunications and information infrastructure by 
authorizing the Secretary to establish and maintain, by the most 
efficient and economical means, a Telecommunications and Information 
Infrastructure Development Program that will promote the widespread 
availability of advanced telecommunications technologies to--
            ``(1) enhance the delivery to the public of diverse social 
        services, including education and health care; and
            ``(2) support, through the interconnection and improvement 
        of existing facilities and the deployment of new facilities, 
        the formation of a nationwide, multimedia, high-speed, 
        interactive infrastructure of varied information technologies.

``SEC. 132. GRANT AUTHORITY.

    ``(a) Grant Purposes and Criteria.--In accordance with the 
requirements of this part, the Secretary is authorized to award grants 
to eligible applicants (as described in subsection (b)(1)) to assist 
the development of a national telecommunications and information 
infrastructure. The Secretary shall not award a grant under this part 
unless the Secretary determines that the project will promote one or 
more of the following objectives:
            ``(1) expand or otherwise augment telecommunications 
        networks or information technology systems for educational 
        institutions, research facilities, libraries, museums, State 
        and local governments, and other social service and public 
        information providers;
            ``(2) enhance the ability, through interconnection, of 
        educational institutions, research facilities, libraries, 
        museums, State and local governments, and other social service 
        and public information providers to have access to existing and 
        new sources of information;
            ``(3) the development and utilization of standards for 
        interoperability and interconnection of the various facilities, 
        systems, and networks which would comprise a demonstration or 
        pilot project;
            ``(4) universal availability and utilization of an advanced 
        telecommunications and information infrastructure, especially 
        for traditionally underserved populations; and
            ``(5) demonstrate and improve the efficiency and 
        effectiveness of the delivery of social services, such as 
        education and health care, to the American people.
    ``(b) Applications for Grants.--Any eligible applicant desiring to 
obtain a grant under this part shall submit to the Secretary an 
application containing such information with respect to such project as 
the Secretary may require. Each applicant shall also provide assurances 
satisfactory to the Secretary that--
            ``(1) the applicant is--
                    ``(A) a consortium comprised of (i) a local 
                educational agency or agencies, and (ii) one or more 
                public libraries or institutions of higher education, 
                or both;
                    ``(B) a nonprofit foundation, corporation, 
                institution, or association;
                    ``(C) a State or local government (or any agency 
                thereof), or a political or special purpose subdivision 
                of a State or local government; or
                    ``(D) any enterprise owned and operated by a State 
                or local government entity;
            ``(2) the applicant has the technical, administrative, and 
        financial capability to obtain, operate, and maintain the 
        facilities, systems, or networks that are the subject of the 
        application;
            ``(3) the applicant has chosen an efficient and economical 
        means to achieve its communications or information needs, and 
        has not failed to utilize commercially available network 
        services to meet such needs to the extent such commercial 
        services meet the needs of the applicant in the most efficient 
        and economical manner;
            ``(4) the applicant has participated in comprehensive 
        planning for such facilities, systems, or networks and such 
        planning has included an evaluation of alternative technologies 
        and coordination with appropriate State agencies, as needed;
            ``(5) the amount of the grant will not exceed 50 percent of 
        the amount determined by the Secretary to be the reasonable and 
        necessary cost of such project, unless the Secretary determines 
        that extraordinary circumstances warrant permitting a grant in 
        an amount that will not exceed 75 percent of such cost; and
            ``(6) the applicant will use any facility, system, or 
        network obtained with funds provided under this section 
        primarily to achieve the objectives identified in the 
        application and will comply with regulations prescribed by the 
        Secretary with respect to resale of any capacity of such 
        facility, system, or network.
    ``(c) Allocation of Funds.--Not less than 50 percent of the amount 
appropriated for grants under this part for any fiscal year shall be 
made available in grants to consortia described in subsection 
(b)(1)(B).
    ``(d) Regulations; Priorities.--The Secretary shall establish such 
regulations as may be necessary to carry out this part, including 
regulations relating to the order of priority to be used in approving 
applications and relating to determining the amount of each grant for 
such projects. As part of such regulations, the Secretary shall provide 
a preference in the award of assistance for projects that increase 
utilization and efficiency of existing telecommunications and 
information facilities. The Secretary shall seek the views of the 
Secretary of Education, the Secretary of Health and Human Services, and 
the Director of the National Science Foundation in developing the 
regulations authorized under this part. Such regulations shall include 
such regulations for purposes of subsection (b)(6) as the Secretary 
determines to be necessary to prevent an applicant from using 
commercial resale of excess capacity to compete unfairly with providers 
of telecommunications services.
    ``(e) Special Consideration.--In establishing criteria for grants 
pursuant to this part, and in establishing procedures relating to the 
order of priority established under subsection (c) in approving 
applications for grants, the Secretary shall give special consideration 
to applications that (1) will increase participation by minorities, 
individuals with disabilities, women, and other underserved populations 
in the ownership of, operation of, and access to, telecommunications 
and information infrastructure; and (2) will avoid unnecessary 
duplication of existing facilities and services. The Secretary shall 
take affirmative steps to inform minorities, individuals with 
disabilities, women, and other underserved populations of the 
availability of funds under this part, and to provide such other 
assistance and information as may be appropriate.

``SEC. 133. TRAINING AND PLANNING.

    ``(a) Training Expenses.--The Secretary is authorized to provide 
funds for necessary and reasonable expenses for training in the 
operation of the facilities, systems, or networks developed pursuant to 
this part, except that such expenditures shall be authorized only for a 
period not to exceed one year after termination of the grant for the 
telecommunications or information facility, system, or network funded 
under this part.
    ``(b) Planning and Studies.--The Secretary is authorized to provide 
up to 100 percent of the cost of planning projects or studies that will 
promote the development or enhancement of the national 
telecommunications and information infrastructure. Any plans or studies 
conducted by or for any grant recipient under this section shall be 
provided to the Secretary. An applicant for a planning grant shall 
provide such information with respect to such project as the Secretary 
may require and shall provide assurances satisfactory to the Secretary 
that the applicant meets the requirements of section 132(b)(1).

``SEC. 134. ADMINISTRATIVE PROVISIONS.

    ``(a) Recovery of Funds.--If, within five years after completion of 
any project with respect to which a grant has been made under this 
part--
            ``(1) the applicant or other owner of the facility, system, 
        or network ceases to be an agency, institution, foundation, 
        corporation, association, or other entity described in section 
        132(b)(1); or
            ``(2) such facility, system, or network ceases to be used 
        primarily for the intended purposes of the grant project;
the United States shall be entitled to recover from the applicant or 
other owner of such facility, system, or network an amount bearing the 
same ratio to the value of such facility, system, or network at the 
time the applicant ceases to be such an entity or at the time of such 
determination (as determined by agreement of the parties or by action 
brought in the United States district court for the district in which 
such facility, system, or network is situated), as the amount of the 
Federal grants bore to the cost of construction of such facility, 
system, or network.
    ``(b) Recordkeeping Requirements.--Each recipient of assistance 
under this part shall keep such records as may be reasonably necessary 
to enable the Secretary to carry out the functions of the Secretary 
under this part, including--
            ``(1) a complete and itemized inventory of all 
        telecommunications and information facilities, systems, or 
        networks under the control of such recipient procured with 
        funds authorized under this part;
            ``(2) records which fully disclose the amount and the 
        disposition by such recipient of the proceeds of such 
        assistance, the total cost of the project in connection with 
        which such assistance is given or used, the amount and nature 
        of that portion of the cost of the project supplied by other 
        sources; and
            ``(3) such other records as will facilitate an effective 
        audit.
    ``(c) Accessibility of Records.--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 any 
recipient of assistance under this part that relate to assistance 
received under this part.
    ``(d) Duty To Monitor.--The Secretary shall monitor and evaluate 
projects in order to determine that such projects fulfill the 
objectives of this part. The Secretary shall evaluate the activities of 
the assistance program under this part to assure that it is fulfilling 
its goals and objectives. The Secretary shall develop criteria for 
evaluations pursuant to section 132(c). Not later than January 1, 1998, 
the Secretary shall submit to the Congress a summary of the results of 
the monitoring and evaluation conducted under this subsection.
    ``(e) Clearinghouses.--In carrying out the requirements of 
subsection (d), and in collecting studies pursuant to section 133(b), 
the Secretary shall provide for the collection and dissemination of 
information concerning distance learning. The Secretary shall maintain 
information on distance learning providers; receive, review, and 
analyze reports of different distance learning activities; and publish 
periodically a compilation of the reports submitted and such analysis. 
Such information shall be made available to the public through a 1-800 
telephone number.

``SEC. 135. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part 
$100,000,000 for fiscal year 1995 and $150,000,000 for fiscal year 
1996. Sums appropriated under this section for any fiscal year are 
authorized to remain available until expended. Sums appropriated under 
this section may be used by the Secretary to cover the direct and 
indirect costs of administering the provisions of this part, for 
evaluating the effectiveness of the program and projects funded 
pursuant to this part, and for other related activities. Up to 5 
percent of the funds appropriated pursuant to this section may be used 
by the Secretary for research to support the grant making activities 
under this part.''.

               TITLE III--UNIVERSAL SERVICE FOR EDUCATION

SEC. 301. UNIVERSAL SERVICE PROTECTION AND ADVANCEMENT.

    (a) In General.--Title II of the Communications Act of 1934 (47 
U.S.C. 201 et seq.) is amended by adding immediately after section 201 
the following new section:

``SEC. 201A. UNIVERSAL SERVICE PROTECTION AND ADVANCEMENT.

    ``(a) Duty To Contribute.--It shall be the duty of every common 
carrier engaged in intrastate, interstate, or foreign communication by 
wire or radio to contribute to the preservation and advancement of 
universal service. Such contributions can include monetary payment, 
certain service obligations, in-kind payment, or other forms of 
contribution as determined by the Commission and any State as set forth 
in subsections (b) and (c).
    ``(b) Responsibilities of the Commission.--(1) Within one year 
after the date of enactment of this section, the Commission, after 
receiving comment from the States, shall set forth minimum guidelines 
for the definition of universal service. Such guidelines shall ensure 
that--
            ``(A) universal service includes no less than voice grade 
        telephone exchange services at a charge that includes no more 
        than a reasonable share of the joint and common costs of 
        facilities used to provide such services; and
            ``(B) any other service that utilizes such facilities shall 
        bear a reasonable share of such costs.
The Commission shall periodically revise such guidelines.
    ``(2) Within two years after the date of enactment of this section, 
the Commission shall prescribe and implement regulations to provide 
that a charge be collected, or other action be taken, to ensure that 
providers of interstate telecommunications make a contribution to the 
protection and advancement of universal service on a competitively 
neutral basis. (Any funds contributed under this section shall be 
distributed to each State.)
    ``(3)(A) There is hereby established a fund to be known as the 
Educational Telecommunications and Technology Fund (in this section 
referred to as the `Fund'). The purpose of the Fund is to provide 
funding for activities that ensure that elementary and secondary 
schools in the United States have complete access to existing and 
innovative telecommunications and information technologies and 
services.
    ``(B)(i) Not later than 180 days after the date of the enactment of 
this section, the Commission shall prescribe regulations that, 
notwithstanding the second sentence of paragraph (2), provide for the 
deposit into the Fund of such portion of the monetary contributions 
required under that paragraph as the Commission shall prescribe.
    ``(ii) The regulations under this subparagraph shall also establish 
guidelines governing the deposit into the Fund of all or a portion of 
the following:
            ``(I) Payments to the Commission as a result of the 
        determination by the Commission of overcharges on the part of 
        an entity.
            ``(II) Payments of penalties assessed by the Commission.
    ``(iii) The Commission may prescribe in regulations under this 
subparagraph for the deposit into the Fund of funds from such other 
sources and in such amounts as the Commission determines appropriate.
    ``(4) Not later than 2 years after the date of the enactment of 
this section, the Secretary of Education, the Secretary of Commerce, 
and the Commission shall jointly prescribe regulations relating to the 
disbursement of sums in the Fund. Such regulations shall include the 
following provisions:
            ``(A) Provisions governing the utilization of sums in the 
        Fund, including the projects for which sums in the Fund shall 
        be available.
            ``(B) Provisions for determining the State and local 
        entities eligible for awards of sums from the Funds.
            ``(C) Provisions establishing a fair and expeditious 
        process for the application for and selection of the entities 
        to be awarded sums from the Fund.
            ``(D) Provisions governing the evaluation of the activities 
        of entities that are awarded sums from the Fund.
            ``(E) Provisions ensuring that entities awarded sums in the 
        Fund utilize such sums for the purposes for which such sums 
        were awarded.
    ``(c) Primary Responsibility.--(1) The Commission shall delegate to 
each State the primary responsibility for defining universal service 
and ensuring that universal service goals are met. Each State may 
impose a nondiscriminatory charge on intrastate telecommunications, or 
take other action, as the State finds necessary to protect and advance 
universal service.
    ``(2) In considering methods of protecting and advancing universal 
service, the State may consider assisting directly telecommunications 
carriers, assisting directly individuals and entities who cannot afford 
the cost of certain telecommunications services, assisting directly 
individuals or entities in purchasing or leasing equipment or 
programming, allowing carriers to compete for the right to obtain 
funding in exchange for providing certain services, and other options. 
To the extent that a State establishes a fund to support universal 
service, all providers of telecommunications services shall be eligible 
to receive payment from such fund.
    ``(3) If a State has not implemented procedures to carry out the 
objectives of paragraphs (1) and (2) within two years after the date of 
enactment of this section, or at any time thereafter fails to meet the 
objectives of such paragraphs, the Commission shall assume the primary 
responsibility to ensure that those objectives are met.''.
    (b) Conforming Amendment.--Section 332(c)(1)(A) of the 
Communications Act of 1934 (47 U.S.C. 332(c)(1)(A)) is amended by 
inserting ``201A,'' immediately after ``section 201,''.

SEC. 302. PUBLIC ACCESS.

    (a) Amendment.--Section 202 of the Communications Act of 1934 (47 
U.S.C. 202) is amended by adding at the end the following new 
subsection:
    ``(d)(1) Notwithstanding subsections (a) through (c), it shall be 
the duty of all telecommunications carriers that use public rights of 
way to permit educational institutions, health-care institutions, local 
and State governments, public broadcast stations, public libraries, 
other public entities, community newspapers, and broadcasters in the 
smallest markets to obtain access to intrastate and interstate services 
provided by such carriers at preferential rates. Entities that obtain 
services under this provision may not resell such services, except to 
other entities that are eligible for preferential rates under this 
subsection.
    ``(2) Within one year after the date of enactment of this 
subsection, the Commission shall prescribe regulations to enforce the 
provisions of this subsection.''.
    (b) Rulemaking on Advanced Telecommunications Services.--The 
Commission shall commence a rulemaking proceeding for the purpose of 
prescribing regulations that--
            (1) enhance, to the extent feasible, the availability of 
        advanced telecommunications services to all public elementary 
        and secondary school classrooms, health care institutions, and 
        libraries; and
            (2) ensure that appropriate functional requirements or 
        performance standards, or both, including interoperability 
        standards, are established for telecommunications arrangements 
        that interconnect educational institutions, health care 
        institutions, and libraries with the public switched network.
    (c) Telecommunications Services for Educational Institutions.--(1) 
Not later than 180 days after the date of the enactment of this Act, 
the Assistant Secretary of Commerce for Communications and Information 
shall, in consultation with the Federal Communications Commission, the 
Secretary of Education and Secretary of Commerce--
            (A) issue a notice of inquiry into the feasibility of 
        establishing an educational telecommunications and technology 
        corporation in order to provide credit and grant funds to 
        support the national goal of ensuring that elementary and 
        secondary schools have complete access to existing and 
        innovative telecommunications and information technologies and 
        services;
            (B) review alternatives for an appropriate organizational 
        form for such a corporation; and
            (C) recommend to the Federal Communications Commission, the 
        Secretary of Education and Secretary of Commerce an 
        organizational form for such a corporation.
    (2) The Assistant Secretary shall complete proceedings on the 
notice of inquiry and publish the recommendations referred to in 
paragraph (1)(C) not later than 1 year after the date of enactment of 
this Act.
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