I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Classroom Technology Act of 1994’’.

6 (b) TABLE OF CONTENTS.—The table of contents is

7 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.
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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.

1 SEC. 2. DEFINITIONS.

2 (a) IN GENERAL.—The terms used in this Act, unless

3 otherwise specified, shall have the same meaning given to

4 such terms by section 1471 of the Elementary and Sec5 ondary Education Act of 1965.

6 (b) ADDITIONAL DEFINITIONS.—For the purpose of

7 this Act—

8 (1) the term ‘‘all students’’ means students

9 from a broad range of backgrounds and cir10 cumstances, including disadvantaged students, stu11 dents with diverse racial, ethnic, and cultural back12 grounds, students with disabilities, students with

13 limited-English proficiency, students who have

14 dropped out of school, and academically talented

15 students;

16 (2) the term ‘‘information infrastructure’’

17 means a network of communication systems de-
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1 signed to exchange information among all citizens

2 and residents of the United States;

3 (3) the terms ‘‘interoperable’’ and ‘‘interoper4 ability’’ refer to the ability to easily exchange data

5 with, and connect to, other hardware and software

6 in order to provide the greatest accessibility for all

7 students;

8 (4) the term ‘‘Office’’ means the Office of Edu9 cational Technology;

10 (5) the term ‘‘public telecommunications entity’’

11 has the same meaning given to such term by section

12 397(12) of the Communications Act of 1934;

13 (6) the term ‘‘technology’’ means state-of-the14 art technology products and services, such as closed

15 circuit television systems, educational television and

16 radio programs and services, cable television, sat17 ellite, copper and fiber optic transmission, computer,

18 video and audio laser and CD–ROM discs, and video

19 and audio tapes; and

20 (7) the term ‘‘instructional programming’’

21 means the full range of audio and video data, text,

22 graphics, or additional state-of-the-art communica23 tions, including multimedia based resources distrib24 uted through interactive, command and control, or
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1 passive methods for the purpose of education and in2 struction.

3 TITLE I—LEADERSHIP IN

4 EDUCATIONAL TECHNOLOGY

5 SEC. 101. PURPOSES.

6 It is the purpose of this title to promote achievement

7 of the National Education Goals and—

8 (1) to provide leadership at the Federal level,

9 through the Department of Education, by developing

10 a national vision and strategy—

11 (A) to infuse technology and technology

12 planning into all educational programs and

13 training functions carried out within school sys14 tems at the State and local level;

15 (B) to coordinate educational technology

16 activities among the related Federal and State

17 departments or agencies, industry leaders, and

18 interested educational and parental organiza19 tions; and

20 (C) to ensure that Federal technology-re21 lated policies and programs facilitate the use of

22 technology in education;

23 (2) to support State and local efforts to in24 crease the effective use of technology for education;
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1 (3) to ensure the availability and dissemination

2 of knowledge (drawn from research and experience)

3 that can form the basis for sound State and local de4 cisions about investment in, and effective uses of,

5 educational technology; and

6 (4) to monitor, and disseminate information re7 garding, advancements in technology to encourage

8 the development of effective educational uses of tech9 nology.

10 SEC. 102. FEDERAL LEADERSHIP.

11 (a) ACTIVITIES AUTHORIZED.—

12 (1) IN GENERAL.—In order to provide Federal

13 leadership that promotes higher student achievement

14 through the use of technology in education and to

15 achieve the purposes of this title, the Secretary, in

16 consultation with the Office of Science and Tech17 nology Policy, the National Science Foundation, the

18 United States National Commission on Libraries

19 and Information Sciences, the Department of Com20 merce, the Department of Energy, the National Aer21 onautics and Space Administration, and other ap22 propriate Federal departments or agencies, may

23 carry out activities designed to achieve the purposes

24 of this title.
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1 (2) TRANSFER OF FUNDS.—For the purpose of

2 carrying out coordinated or joint activities to achieve

3 the purposes of this title, the Secretary may accept

4 funds from, and transfer funds to, other Federal de5 partments or agencies.

6 (b) NATIONAL LONG-RANGE TECHNOLOGY PLAN.—

7 (1) IN GENERAL.—The Secretary shall develop

8 and publish within 12 months of the date of enact9 ment of this Act, and update when the Secretary de10 termines appropriate, a national long-range plan

11 that supports the overall national technology policy

12 and carries out the purposes of this title.

13 (2) PLAN REQUIREMENTS.—The Secretary

14 shall—

15 (A) develop the national long-range plan in

16 consultation with other Federal departments or

17 agencies, State and local education practitioners

18 and policymakers, experts in technology and the

19 educational applications of technology, rep20 resentatives of distance learning consortia, rep21 resentatives of telecommunications partnerships

22 receiving assistance under the Star Schools

23 Program Assistance Act, and providers of tech24 nology services and products;
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1 (B) transmit such plan to the President

2 and to the appropriate committees of the Con3 gress; and

4 (C) publish such plan in a form that is

5 readily accessible to the public.

6 (3) CONTENTS OF THE PLAN.—The national

7 long-range plan shall describe the Secretary’s activi8 ties to promote the purposes of this title, includ9 ing—

10 (A) how the Secretary will encourage the

11 effective use of technology to provide all stu12 dents the opportunity to achieve challenging

13 State content standards and challenging State

14 student performance standards, especially

15 through programs administered by the Depart16 ment of Education;

17 (B) joint activities in support of the overall

18 national technology policy with other Federal

19 departments or agencies, such as the Office of

20 Science and Technology Policy, the National

21 Endowment for the Humanities, the National

22 Endowment for the Arts, the National Aero23 nautics and Space Administration, the National

24 Science Foundation, and the Departments of
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1 Commerce, Energy, Health and Human Serv2 ices, and Labor—

3 (i) to promote the use of technology in

4 education, and training and lifelong learn5 ing, including plans for the educational

6 uses of a national information infrastruc7 ture; and

8 (ii) to ensure that the policies and

9 programs of such departments or agencies

10 facilitate the use of technology for edu11 cational purposes, to the extent feasible;

12 (C) how the Secretary will work with edu13 cators, State and local educational agencies,

14 and appropriate representatives of the private

15 sector to facilitate the effective use of tech16 nology in education;

17 (D) how the Secretary will promote—

18 (i) higher achievement of all students

19 through the integration of technology into

20 the curriculum;

21 (ii) increased access to the benefits of

22 technology for teaching and learning for

23 schools with a high concentration of chil24 dren from low-income families;
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1 (iii) the application of technological

2 advances to use in education; and

3 (iv) increased opportunities for the

4 professional development of teachers in the

5 use of new technologies;

6 (E) how the Secretary will determine, in

7 consultation with appropriate individuals, orga8 nizations, industries, and agencies, the feasibil9 ity and desirability of establishing guidelines to

10 facilitate an easy exchange of data and effective

11 use of technology in education;

12 (F) how the Secretary will utilize the out13 comes of the evaluation undertaken pursuant to

14 section 908 of the Star Schools Program Assist15 ance Act to promote the purposes of this title;

16 and

17 (G) the Secretary’s long-range measurable

18 goals and objectives relating to the purposes of

19 this title.

20 (c) ASSISTANCE.—The Secretary shall provide assist21 ance to the States to enable such States to plan effectively

22 for the use of technology in all schools throughout the

23 State in accordance with the purpose and requirements

24 of section 201.
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1 SEC. 103. OFFICE OF EDUCATIONAL TECHNOLOGY.

2 (a) AMENDMENT TO THE DEPARTMENT OF EDU3 CATION ORGANIZATION ACT.—Title II of the Department

4 of Education Organization Act (20 U.S.C. 3411 et seq.)

5 is amended by adding at the end the following new section:

6 ‘‘OFFICE OF EDUCATIONAL TECHNOLOGY

7 ‘‘SEC. 216. There shall be in the Department of Edu8 cation an Office of Educational Technology, to be adminis9 tered by the Director of Educational Technology. The Di10 rector of Educational Technology shall report directly to

11 the Secretary and shall perform such additional functions

12 as the Secretary may prescribe. Such Office shall be estab13 lished in accordance with section 405A of the General

14 Education Provisions Act.’’.

15 (b) AMENDMENT TO THE GENERAL EDUCATION

16 PROVISIONS ACT.—Part A of the General Education Pro17 visions Act (20 U.S.C. 1221c et seq.) is amended by in18 serting after section 405 the following new section:

19 ‘‘SEC. 405A. OFFICE OF EDUCATIONAL TECHNOLOGY.

20 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab21 lish an Office of Educational Technology (hereafter in this

22 section referred to as the ‘Office’).

23 ‘‘(b) FUNCTIONS OF THE OFFICE.—The Director of

24 the Office of Educational Technology (hereafter in this

25 section referred to as the ‘Director’), through the Office,

26 shall—
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1 ‘‘(1) in support of the overall national tech2 nology policy and in consultation with other Federal

3 departments or agencies which the Director deter4 mines appropriate, provide leadership to the Nation

5 in the use of technology to promote achievement of

6 the National Education Goals and to increase oppor7 tunities for all students to achieve challenging State

8 content and challenging State student performance

9 standards;

10 ‘‘(2) review all programs and training functions

11 administered by the Department and recommend

12 policies in order to promote increased use of tech13 nology and technology planning throughout all such

14 programs and functions;

15 ‘‘(3) review all relevant programs supported by

16 the Department to ensure that such programs are

17 coordinated with and support the national long18 range technology plan developed pursuant to this

19 Act; and

20 ‘‘(4) perform such additional functions as the

21 Secretary may require.

22 ‘‘(c) PERSONNEL.—The Director is authorized to se23 lect, appoint, and employ such officers and employees as

24 may be necessary to carry out the functions of the Office,

25 subject to the provisions of title 5, United States Code
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1 (governing appointments in the competitive service), and

2 the provisions of chapter 51 and subchapter III of chapter

3 53 of such title (relating to classification and General

4 Schedule pay rates.

5 ‘‘(d) EXPERTS AND CONSULTANTS.—The Secretary

6 may obtain the services of experts and consultants in ac7 cordance with section 3109 of title 5, United States

8 Code.’’.

9 (c) COMPENSATION OF THE DIRECTOR.—Section

10 5315 of title 5, United States Code, is amended by adding

11 at the end the following:

12 ‘‘Director of the Office of Educational Tech13 nology.’’.

14 SEC. 104. USES OF FUNDS.

15 (a) IN GENERAL.—The Secretary shall use funds ap16 propriated pursuant to the authority of section 107 for

17 activities designed to carry out the purpose of this title,

18 including—

19 (1) providing assistance to technical assistance

20 providers to enable such providers to improve sub21 stantially the services such providers offer to edu22 cators regarding the educational uses of technology,

23 including professional development;

24 (2) consulting with representatives of industry,

25 elementary and secondary education, higher edu-
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1 cation, and appropriate experts in technology and

2 the educational applications of technology, in carry3 ing out the activities assisted under this title;

4 (3) research on, and the development of, guide5 lines to facilitate maximum interoperability, effi6 ciency and easy exchange of data for effective use of

7 technology in education;

8 (4) research on, and the development of, edu9 cational applications of the most advanced and newly

10 emerging technologies;

11 (5) the development, demonstration, and eval12 uation of applications of existing technology in pre13 school education, elementary and secondary edu14 cation, training and lifelong learning, and profes15 sional development of educational personnel;

16 (6) the development and evaluation of software

17 and other products, including multimedia television

18 programming, that incorporate advances in tech19 nology and help achieve the National Education

20 Goals, challenging State content standards and chal21 lenging State student performance standards;

22 (7) the development, demonstration, and eval23 uation of model strategies for preparing teachers

24 and other personnel to use technology effectively to

25 improve teaching and learning;
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1 (8) the development of model programs that

2 demonstrate the educational effectiveness of tech3 nology in urban and rural areas and economically

4 distressed communities;

5 (9) research on, and the evaluation of, the ef6 fectiveness and benefits of technology in education

7 giving priority to research on, and evaluation of,

8 such effectiveness and benefits in elementary and

9 secondary schools;

10 (10) a biannual assessment of, and report to

11 the public regarding, the uses of technology in ele12 mentary and secondary education throughout the

13 United States upon which private businesses and

14 Federal, State and local governments may rely for

15 decisionmaking about the need for, and provision of,

16 appropriate technologies in schools, which assess17 ment and report shall use, to the extent possible, ex18 isting information and resources;

19 (11) conferences on, and dissemination of infor20 mation regarding, the uses of technology in edu21 cation;

22 (12) encouraging collaboration between the De23 partment of Education and other Federal agencies

24 in the development, implementation, evaluation and
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1 funding of applications of technology for education,

2 as appropriate; and

3 (13) such other activities as the Secretary de4 termines will meet the purposes of this title.

5 (b) SPECIAL RULES.—

6 (1) IN GENERAL.—The Secretary shall carry

7 out the activities described in subsection (a) directly

8 or by grant or contract.

9 (2) GRANTS AND CONTRACTS.—Each grant or

10 contract under this title shall be awarded—

11 (A) on a competitive basis; and

12 (B) pursuant to a peer review process.

13 SEC. 105. NON-FEDERAL SHARE.

14 (a) IN GENERAL.—Subject to subsections (b) and (c),

15 the Secretary may require any recipient of a grant or con16 tract under this title to share in the cost (not to exceed

17 50 percent of such cost) of the activities assisted under

18 such grant or contract, which non-Federal share shall be

19 announced through a notice in the Federal Register and

20 may be in the form of cash or in-kind contributions, fairly

21 valued.

22 (b) INCREASE.—The Secretary may increase the non23 Federal share that is required of a recipient of a grant

24 or contract under this title after the first year such recipi25 ent receives funds under such grant or contract.
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1 (c) MAXIMUM.—The non-Federal share required

2 under this section shall not exceed 50 percent of the cost

3 of the activities assisted pursuant to a grant or contract

4 under this title.

5 SEC. 106. OFFICE OF TRAINING TECHNOLOGY TRANSFER.

6 (a) TRANSFER.—

7 (1) IN GENERAL.—The Office of Training

8 Technology Transfer as established under section

9 6103 of the Training Technology Transfer Act of

10 1988 (20 U.S.C. 5093) is transferred to the Office

11 of Educational Technology.

12 (2) TECHNICAL AMENDMENT.—The first sen13 tence of section 6103(a) of the Training Technology

14 Transfer Act of 1988 (20 U.S.C. 5093(a)) is amend15 ed by striking ‘‘Office of Educational Research and

16 Improvement’’ and inserting ‘‘Office of Educational

17 Technology’’.

18 (b) AUTHORIZATION OF APPROPRIATIONS.—The

19 Training Technology Transfer Act of 1988 (20 U.S.C.

20 5091 et seq.) is amended by adding at the end the follow21 ing new section:

22 ‘‘SEC. 6108. AUTHORIZATION OF APPROPRIATIONS.

23 ‘‘There are authorized to be appropriated $3,000,000

24 for fiscal year 1995, and such sums as may be necessary
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1 for each of the fiscal years 1996 through 1999, to carry

2 out this chapter.’’.

3 SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

4 There are authorized to be appropriated $5,000,000

5 for the fiscal year 1994, and such sums as may be nec6 essary for each of the fiscal years 1995 through 1998, to

7 carry out this title.

8 TITLE II—STATE PLANNING FOR

9 IMPROVING STUDENT

10 ACHIEVEMENT THROUGH IN11 TEGRATION OF TECHNOLOGY

12 INTO THE CURRICULUM

13 SEC. 201. STATE PLANNING FOR IMPROVING STUDENT

14 ACHIEVEMENT THROUGH INTEGRATION OF

15 TECHNOLOGY INTO THE CURRICULUM.

16 (a) PURPOSE.—It is the purpose of this section to

17 assist each State to plan effectively for improved student

18 learning in all schools through the use of technology as

19 an integral part of the State improvement plan described

20 in section 306 of the Goals 2000: Educate America Act.

21 (b) PROGRAM AUTHORIZED.—

22 (1) AUTHORITY.—The Secretary shall award

23 grants in accordance with allocations under para24 graph (2) to each State educational agency that, as

25 part of its application under section 305 of the
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1 Goals 2000: Educate America Act, requests a grant

2 to develop (or continue the development of), and

3 submits as part of the State improvement plan de4 scribed in section 306 of such Act, a systemic state5 wide plan to increase the use of state-of-the-art tech6 nologies that enhance elementary and secondary stu7 dent learning and professional development in sup8 port of the National Education Goals and challeng9 ing standards.

10 (2) FORMULA.—From the amount appropriated

11 pursuant to the authority of subsection (f) in each

12 fiscal year, each State educational agency with an

13 application approved under section 305 of the Goals

14 2000: Educate America Act shall receive a grant

15 under paragraph (1) in such year in an amount de16 termined on the same basis as allotments are made

17 to State educational agencies under subsections (b)

18 and (c) of section 304 of such Act for such year, except that each such State shall receive at least 11 19 ⁄2

20 percent of the amount appropriated pursuant to

21 such authority or $75,000, whichever is greater.

22 (3) DURATION.—A State educational agency

23 may receive assistance under this section for not

24 more than 2 fiscal years.
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1 (c) PLAN OBJECTIVES.—Each State educational

2 agency shall use funds received under this section to de3 velop and, if the Secretary has approved the systemic

4 statewide plan, to implement such plan. Such plan shall

5 have as its objectives—

6 (1) the promotion of higher student achieve7 ment through the use of technology in education;

8 (2) the participation of all schools and school

9 districts in the State, especially those schools and

10 districts with a high percentage of disadvantaged

11 students;

12 (3) the development and implementation of a

13 cost-effective, high-speed, statewide, interoperable,

14 wide-area-communication educational technology

15 support system for elementary and secondary schools

16 within the State, particularly for such schools in

17 rural areas; and

18 (4) the promotion of shared usage of equip19 ment, facilities, and other technology resources by

20 adult learners during after-school hours.

21 (d) PLAN REQUIREMENTS.—At a minimum, each

22 systemic statewide plan shall—

23 (1) be developed by a task force that—

24 (A) includes among its members experts in

25 the educational use of technology and rep-
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1 resentatives of the State panel described in sec2 tion 306(b) of the Goals 2000: Educate Amer3 ica Act; and

4 (B) ensures that such plan is integrated

5 into the State improvement plan described in

6 section 306 of the Goals 2000: Educate Amer7 ica Act;

8 (2) be developed in collaboration with the Gov9 ernor, representatives of the State legislature, the

10 State board of education, institutions of higher edu11 cation, appropriate State agencies, local educational

12 agencies, public and private telecommunication enti13 ties, parents, public and school libraries, students,

14 adult literacy providers, and leaders in the field of

15 technology, through a process of statewide grass16 roots outreach to local educational agencies and

17 schools in the State;

18 (3) identify and describe the requirements for

19 introducing state-of-the-art technologies into the

20 classroom and school library in order to enhance

21 educational curricula, including the installation and

22 ongoing maintenance of basic connections, hardware

23 and the necessary support materials;

24 (4) describe how the application of advanced

25 technologies in the schools will enhance student
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1 learning, provide greater access to individualized in2 struction, promote the strategies described in section

3 306(d) of the Goals 2000: Educate America Act,

4 and help make progress toward the achievement of

5 the National Education Goals;

6 (5) describe how the ongoing training of edu7 cational personnel will be provided;

8 (6) describe the resources necessary, and proce9 dures, for providing ongoing technical assistance to

10 carry out such plan;

11 (7) provide for the dissemination on a statewide

12 basis of exemplary programs and practices relating

13 to the use of technology in education;

14 (8) establish a funding estimate (including a

15 statement of likely funding sources) and a schedule

16 for the development and implementation of such

17 plan;

18 (9) describe how the State educational agency

19 will assess the impact of implementing such plan on

20 student achievement and aggregate achievement for

21 schools;

22 (10) describe how the State educational agency

23 and local educational agencies in the State will co24 ordinate and cooperate with business and industry,
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1 and with public and private telecommunications enti2 ties; and

3 (11) describe the process through which such

4 plan will be reviewed and updated periodically.

5 (e) REPORTS.—Each State educational agency receiv6 ing a grant under this section shall submit a report to

7 the Secretary within 1 year of the date such agency sub8 mits to the Secretary its systemic statewide plan under

9 this section. Such report shall—

10 (1) describe the State’s progress toward imple11 mentation of the provisions of such plan;

12 (2) describe any revisions to the State’s long13 range plans for technology;

14 (3) describe the extent to which resources pro15 vided pursuant to such plan are distributed among

16 schools to promote the strategies described in section

17 306(d) of the Goals 2000: Educate America Act;

18 and

19 (4) include any other information the Secretary

20 deems appropriate.

21 (f) AUTHORIZATION OF APPROPRIATIONS.—There

22 are authorized to be appropriated $5,000,000 for fiscal

23 year 1994, and such sums as may be necessary for fiscal

24 year 1995, to carry out this section.
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1 TITLE III—NATIONAL TELE2 COMMUNICATIONS AND IN3 FORMATION INFRASTRUC4 TURE DEVELOPMENT.

5 SEC. 301. NATIONAL TELECOMMUNICATIONS AND INFOR6 MATION INFRASTRUCTURE DEVELOPMENT.

7 The National Telecommunications and Information

8 Administration Organization Act is amended—

9 (1) by redesignating part C as part D; and

10 (2) by inserting after part B the following new

11 parts:

12 ‘‘PART C—TELECOMMUNICATIONS AND

13 INFORMATION INFRASTRUCTURE PROGRAM

14 ‘‘SEC. 131. PURPOSE.

15 ‘‘It is the purpose of this part to facilitate the devel16 opment of the national telecommunications and informa17 tion infrastructure by authorizing the Secretary to estab18 lish and maintain, by the most efficient and economical

19 means, a Telecommunications and Information Infrastruc20 ture Development Program that will promote the wide21 spread availability of advanced telecommunications tech22 nologies to—

23 ‘‘(1) enhance the delivery to the public of di24 verse social services, including education and health

25 care; and
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1 ‘‘(2) support, through the interconnection and

2 improvement of existing facilities and the deploy3 ment of new facilities, the formation of a nationwide,

4 multimedia, high-speed, interactive infrastructure of

5 varied information technologies.

6 ‘‘SEC. 132. GRANT AUTHORITY.

7 ‘‘(a) GRANT PURPOSES AND CRITERIA.—In accord8 ance with the requirements of this part, the Secretary is

9 authorized to award grants to eligible applicants (as de10 scribed in subsection (b)(1)) to assist the development of

11 a national telecommunications and information infrastruc12 ture. The Secretary shall not award a grant under this

13 part unless the Secretary determines that the project will

14 promote one or more of the following objectives:

15 ‘‘(1) expand or otherwise augment tele16 communications networks or information technology

17 systems for educational institutions, research facili18 ties, libraries, museums, State and local govern19 ments, and other social service and public informa20 tion providers;

21 ‘‘(2) enhance the ability, through interconnec22 tion, of educational institutions, research facilities,

23 libraries, museums, State and local governments,

24 and other social service and public information pro-
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1 viders to have access to existing and new sources of

2 information;

3 ‘‘(3) the development and utilization of stand4 ards for interoperability and interconnection of the

5 various facilities, systems, and networks which would

6 comprise a demonstration or pilot project;

7 ‘‘(4) universal availability and utilization of an

8 advanced telecommunications and information infra9 structure, especially for traditionally underserved

10 populations; and

11 ‘‘(5) demonstrate and improve the efficiency

12 and effectiveness of the delivery of social services,

13 such as education and health care, to the American

14 people.

15 ‘‘(b) APPLICATIONS FOR GRANTS.—Any eligible ap16 plicant desiring to obtain a grant under this part shall

17 submit to the Secretary an application containing such in18 formation with respect to such project as the Secretary

19 may require. Each applicant shall also provide assurances

20 satisfactory to the Secretary that—

21 ‘‘(1) the applicant is—

22 ‘‘(A) a consortium comprised of (i) a local

23 educational agency or agencies, and (ii) one or

24 more public libraries or institutions of higher

25 education, or both;
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1 ‘‘(B) a nonprofit foundation, corporation,

2 institution, or association;

3 ‘‘(C) a State or local government (or any

4 agency thereof), or a political or special purpose

5 subdivision of a State or local government; or

6 ‘‘(D) any enterprise owned and operated

7 by a State or local government entity;

8 ‘‘(2) the applicant has the technical, adminis9 trative, and financial capability to obtain, operate,

10 and maintain the facilities, systems, or networks

11 that are the subject of the application;

12 ‘‘(3) the applicant has chosen an efficient and

13 economical means to achieve its communications or

14 information needs, and has not failed to utilize com15 mercially available network services to meet such

16 needs to the extent such commercial services meet

17 the needs of the applicant in the most efficient and

18 economical manner;

19 ‘‘(4) the applicant has participated in com20 prehensive planning for such facilities, systems, or

21 networks and such planning has included an evalua22 tion of alternative technologies and coordination with

23 appropriate State agencies, as needed;

24 ‘‘(5) the amount of the grant will not exceed 50

25 percent of the amount determined by the Secretary
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1 to be the reasonable and necessary cost of such

2 project, unless the Secretary determines that ex3 traordinary circumstances warrant permitting a

4 grant in an amount that will not exceed 75 percent

5 of such cost; and

6 ‘‘(6) the applicant will use any facility, system,

7 or network obtained with funds provided under this

8 section primarily to achieve the objectives identified

9 in the application and will comply with regulations

10 prescribed by the Secretary with respect to resale of

11 any capacity of such facility, system, or network.

12 ‘‘(c) ALLOCATION OF FUNDS.—Not less than 50 per13 cent of the amount appropriated for grants under this part

14 for any fiscal year shall be made available in grants to

15 consortia described in subsection (b)(1)(B).

16 ‘‘(d) REGULATIONS; PRIORITIES.—The Secretary

17 shall establish such regulations as may be necessary to

18 carry out this part, including regulations relating to the

19 order of priority to be used in approving applications and

20 relating to determining the amount of each grant for such

21 projects. As part of such regulations, the Secretary shall

22 provide a preference in the award of assistance for projects

23 that increase utilization and efficiency of existing tele24 communications and information facilities. The Secretary

25 shall seek the views of the Secretary of Education, the
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1 Secretary of Health and Human Services, and the Direc2 tor of the National Science Foundation in developing the

3 regulations authorized under this part. Such regulations

4 shall include such regulations for purposes of subsection

5 (b)(6) as the Secretary determines to be necessary to pre6 vent an applicant from using commercial resale of excess

7 capacity to compete unfairly with providers of tele8 communications services.

9 ‘‘(e) SPECIAL CONSIDERATION.—In establishing cri10 teria for grants pursuant to this part, and in establishing

11 procedures relating to the order of priority established

12 under subsection (c) in approving applications for grants,

13 the Secretary shall give special consideration to applica14 tions that (1) will increase participation by minorities, in15 dividuals with disabilities, women, and other underserved

16 populations in the ownership of, operation of, and access

17 to, telecommunications and information infrastructure;

18 and (2) will avoid unnecessary duplication of existing fa19 cilities and services. The Secretary shall take affirmative

20 steps to inform minorities, individuals with disabilities,

21 women, and other underserved populations of the avail22 ability of funds under this part, and to provide such other

23 assistance and information as may be appropriate.
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1 ‘‘SEC. 133. TRAINING AND PLANNING.

2 ‘‘(a) TRAINING EXPENSES.—The Secretary is au3 thorized to provide funds for necessary and reasonable ex4 penses for training in the operation of the facilities, sys5 tems, or networks developed pursuant to this part, except

6 that such expenditures shall be authorized only for a pe7 riod not to exceed one year after termination of the grant

8 for the telecommunications or information facility, system,

9 or network funded under this part.

10 ‘‘(b) PLANNING AND STUDIES.—The Secretary is au11 thorized to provide up to 100 percent of the cost of plan12 ning projects or studies that will promote the development

13 or enhancement of the national telecommunications and

14 information infrastructure. Any plans or studies con15 ducted by or for any grant recipient under this section

16 shall be provided to the Secretary. An applicant for a plan17 ning grant shall provide such information with respect to

18 such project as the Secretary may require and shall pro19 vide assurances satisfactory to the Secretary that the ap20 plicant meets the requirements of section 132(b)(1).

21 ‘‘SEC. 134. ADMINISTRATIVE PROVISIONS.

22 ‘‘(a) RECOVERY OF FUNDS.—If, within five years

23 after completion of any project with respect to which a

24 grant has been made under this part—

25 ‘‘(1) the applicant or other owner of the facility,

26 system, or network ceases to be an agency, institu-
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1 tion, foundation, corporation, association, or other

2 entity described in section 132(b)(1); or

3 ‘‘(2) such facility, system, or network ceases to

4 be used primarily for the intended purposes of the

5 grant project;

6 the United States shall be entitled to recover from the ap7 plicant or other owner of such facility, system, or network

8 an amount bearing the same ratio to the value of such

9 facility, system, or network at the time the applicant

10 ceases to be such an entity or at the time of such deter11 mination (as determined by agreement of the parties or

12 by action brought in the United States district court for

13 the district in which such facility, system, or network is

14 situated), as the amount of the Federal grants bore to the

15 cost of construction of such facility, system, or network.

16 ‘‘(b) RECORDKEEPING REQUIREMENTS.—Each recip17 ient of assistance under this part shall keep such records

18 as may be reasonably necessary to enable the Secretary

19 to carry out the functions of the Secretary under this part,

20 including—

21 ‘‘(1) a complete and itemized inventory of all

22 telecommunications and information facilities, sys23 tems, or networks under the control of such recipi24 ent procured with funds authorized under this part;
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1 ‘‘(2) records which fully disclose the amount

2 and the disposition by such recipient of the proceeds

3 of such assistance, the total cost of the project in

4 connection with which such assistance is given or

5 used, the amount and nature of that portion of the

6 cost of the project supplied by other sources; and

7 ‘‘(3) such other records as will facilitate an ef8 fective audit.

9 ‘‘(c) ACCESSIBILITY OF RECORDS.—The Secretary

10 and the Comptroller General of the United States, or any

11 of their duly authorized representatives, shall have access

12 for the purpose of audit and examination to any books,

13 documents, papers, and records of any recipient of assist14 ance under this part that relate to assistance received

15 under this part.

16 ‘‘(d) DUTY TO MONITOR.—The Secretary shall mon17 itor and evaluate projects in order to determine that such

18 projects fulfill the objectives of this part. The Secretary

19 shall evaluate the activities of the assistance program

20 under this part to assure that it is fulfilling its goals and

21 objectives. The Secretary shall develop criteria for evalua22 tions pursuant to section 132(c). Not later than January

23 1, 1998, the Secretary shall submit to the Congress a sum24 mary of the results of the monitoring and evaluation con25 ducted under this subsection.
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1 ‘‘(e) CLEARINGHOUSES.—In carrying out the require2 ments of subsection (d), and in collecting studies pursuant

3 to section 133(b), the Secretary shall provide for the col4 lection and dissemination of information concerning dis5 tance learning. The Secretary shall maintain information

6 on distance learning providers; receive, review, and analyze

7 reports of different distance learning activities; and pub8 lish periodically a compilation of the reports submitted

9 and such analysis. Such information shall be made avail10 able to the public through a 1–800 telephone number.

11 ‘‘SEC. 135. AUTHORIZATION OF APPROPRIATIONS.

12 ‘‘There are authorized to be appropriated to carry out

13 this part $100,000,000 for fiscal year 1995 and

14 $150,000,000 for fiscal year 1996. Sums appropriated

15 under this section for any fiscal year are authorized to

16 remain available until expended. Sums appropriated under

17 this section may be used by the Secretary to cover the

18 direct and indirect costs of administering the provisions

19 of this part, for evaluating the effectiveness of the pro20 gram and projects funded pursuant to this part, and for

21 other related activities. Up to 5 percent of the funds ap22 propriated pursuant to this section may be used by the

23 Secretary for research to support the grant making activi24 ties under this part.’’.
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1 TITLE III—UNIVERSAL SERVICE

2 FOR EDUCATION

3 SEC. 301. UNIVERSAL SERVICE PROTECTION AND AD4 VANCEMENT.

5 (a) IN GENERAL.—Title II of the Communications

6 Act of 1934 (47 U.S.C. 201 et seq.) is amended by adding

7 immediately after section 201 the following new section:

8 ‘‘SEC. 201A. UNIVERSAL SERVICE PROTECTION AND AD9 VANCEMENT.

10 ‘‘(a) DUTY TO CONTRIBUTE.—It shall be the duty

11 of every common carrier engaged in intrastate, interstate,

12 or foreign communication by wire or radio to contribute

13 to the preservation and advancement of universal service.

14 Such contributions can include monetary payment, certain

15 service obligations, in-kind payment, or other forms of

16 contribution as determined by the Commission and any

17 State as set forth in subsections (b) and (c).

18 ‘‘(b) RESPONSIBILITIES OF THE COMMISSION.—(1)

19 Within one year after the date of enactment of this sec20 tion, the Commission, after receiving comment from the

21 States, shall set forth minimum guidelines for the defini22 tion of universal service. Such guidelines shall ensure

23 that—

24 ‘‘(A) universal service includes no less than

25 voice grade telephone exchange services at a charge
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1 that includes no more than a reasonable share of the

2 joint and common costs of facilities used to provide

3 such services; and

4 ‘‘(B) any other service that utilizes such facili5 ties shall bear a reasonable share of such costs.

6 The Commission shall periodically revise such guidelines.

7 ‘‘(2) Within two years after the date of enactment

8 of this section, the Commission shall prescribe and imple9 ment regulations to provide that a charge be collected, or

10 other action be taken, to ensure that providers of inter11 state telecommunications make a contribution to the pro12 tection and advancement of universal service on a competi13 tively neutral basis. (Any funds contributed under this sec14 tion shall be distributed to each State.)

15 ‘‘(3)(A) There is hereby established a fund to be

16 known as the Educational Telecommunications and Tech17 nology Fund (in this section referred to as the ‘Fund’).

18 The purpose of the Fund is to provide funding for activi19 ties that ensure that elementary and secondary schools in

20 the United States have complete access to existing and

21 innovative telecommunications and information tech22 nologies and services.

23 ‘‘(B)(i) Not later than 180 days after the date of the

24 enactment of this section, the Commission shall prescribe

25 regulations that, notwithstanding the second sentence of
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1 paragraph (2), provide for the deposit into the Fund of

2 such portion of the monetary contributions required under

3 that paragraph as the Commission shall prescribe.

4 ‘‘(ii) The regulations under this subparagraph shall

5 also establish guidelines governing the deposit into the

6 Fund of all or a portion of the following:

7 ‘‘(I) Payments to the Commission as a result of

8 the determination by the Commission of overcharges

9 on the part of an entity.

10 ‘‘(II) Payments of penalties assessed by the

11 Commission.

12 ‘‘(iii) The Commission may prescribe in regulations

13 under this subparagraph for the deposit into the Fund of

14 funds from such other sources and in such amounts as

15 the Commission determines appropriate.

16 ‘‘(4) Not later than 2 years after the date of the en17 actment of this section, the Secretary of Education, the

18 Secretary of Commerce, and the Commission shall jointly

19 prescribe regulations relating to the disbursement of sums

20 in the Fund. Such regulations shall include the following

21 provisions:

22 ‘‘(A) Provisions governing the utilization of

23 sums in the Fund, including the projects for which

24 sums in the Fund shall be available.
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1 ‘‘(B) Provisions for determining the State and

2 local entities eligible for awards of sums from the

3 Funds.

4 ‘‘(C) Provisions establishing a fair and expedi5 tious process for the application for and selection of

6 the entities to be awarded sums from the Fund.

7 ‘‘(D) Provisions governing the evaluation of the

8 activities of entities that are awarded sums from the

9 Fund.

10 ‘‘(E) Provisions ensuring that entities awarded

11 sums in the Fund utilize such sums for the purposes

12 for which such sums were awarded.

13 ‘‘(c) PRIMARY RESPONSIBILITY.—(1) The Commis14 sion shall delegate to each State the primary responsibility

15 for defining universal service and ensuring that universal

16 service goals are met. Each State may impose a non17 discriminatory charge on intrastate telecommunications,

18 or take other action, as the State finds necessary to pro19 tect and advance universal service.

20 ‘‘(2) In considering methods of protecting and ad21 vancing universal service, the State may consider assisting

22 directly telecommunications carriers, assisting directly in23 dividuals and entities who cannot afford the cost of certain

24 telecommunications services, assisting directly individuals

25 or entities in purchasing or leasing equipment or program-
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1 ming, allowing carriers to compete for the right to obtain

2 funding in exchange for providing certain services, and

3 other options. To the extent that a State establishes a

4 fund to support universal service, all providers of tele5 communications services shall be eligible to receive pay6 ment from such fund.

7 ‘‘(3) If a State has not implemented procedures to

8 carry out the objectives of paragraphs (1) and (2) within

9 two years after the date of enactment of this section, or

10 at any time thereafter fails to meet the objectives of such

11 paragraphs, the Commission shall assume the primary re12 sponsibility to ensure that those objectives are met.’’.

13 (b) CONFORMING AMENDMENT.—Section

14 332(c)(1)(A) of the Communications Act of 1934 (47

15 U.S.C. 332(c)(1)(A)) is amended by inserting ‘‘201A,’’

16 immediately after ‘‘section 201,’’.

17 SEC. 302. PUBLIC ACCESS.

18 (a) AMENDMENT.—Section 202 of the Communica19 tions Act of 1934 (47 U.S.C. 202) is amended by adding

20 at the end the following new subsection:

21 ‘‘(d)(1) Notwithstanding subsections (a) through (c),

22 it shall be the duty of all telecommunications carriers that

23 use public rights of way to permit educational institutions,

24 health-care institutions, local and State governments, pub25 lic broadcast stations, public libraries, other public enti-
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1 ties, community newspapers, and broadcasters in the

2 smallest markets to obtain access to intrastate and inter3 state services provided by such carriers at preferential

4 rates. Entities that obtain services under this provision

5 may not resell such services, except to other entities that

6 are eligible for preferential rates under this subsection.

7 ‘‘(2) Within one year after the date of enactment of

8 this subsection, the Commission shall prescribe regulations

9 to enforce the provisions of this subsection.’’.

10 (b) RULEMAKING ON ADVANCED TELECOMMUNI11 CATIONS SERVICES.—The Commission shall commence a

12 rulemaking proceeding for the purpose of prescribing reg13 ulations that—

14 (1) enhance, to the extent feasible, the availabil15 ity of advanced telecommunications services to all

16 public elementary and secondary school classrooms,

17 health care institutions, and libraries; and

18 (2) ensure that appropriate functional require19 ments or performance standards, or both, including

20 interoperability standards, are established for tele21 communications arrangements that interconnect

22 educational institutions, health care institutions, and

23 libraries with the public switched network.

24 (c) TELECOMMUNICATIONS SERVICES FOR EDU25 CATIONAL INSTITUTIONS.—(1) Not later than 180 days
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1 after the date of the enactment of this Act, the Assistant

2 Secretary of Commerce for Communications and Informa3 tion shall, in consultation with the Federal Communica4 tions Commission, the Secretary of Education and Sec5 retary of Commerce—

6 (A) issue a notice of inquiry into the feasibility

7 of establishing an educational telecommunications

8 and technology corporation in order to provide credit

9 and grant funds to support the national goal of en10 suring that elementary and secondary schools have

11 complete access to existing and innovative tele12 communications and information technologies and

13 services;

14 (B) review alternatives for an appropriate orga15 nizational form for such a corporation; and

16 (C) recommend to the Federal Communications

17 Commission, the Secretary of Education and Sec18 retary of Commerce an organizational form for such

19 a corporation.

20 (2) The Assistant Secretary shall complete proceed21 ings on the notice of inquiry and publish the recommenda22 tions referred to in paragraph (1)(C) not later than 1 year

23 after the date of enactment of this Act.

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