103D CONGRESS

1ST SESSION H. R. 2639

AN ACT

To authorize appropriations for the promotion and

casting facilities, and for other purposes.the construction and planning of public broadcommunications and information infrastructure,development of the United States national tele-
103D CONGRESS

1ST SESSION H. R. 2639

AN ACT

To authorize appropriations for the promotion and development of the United States national telecommunications

and information infrastructure, the construction and

planning of public broadcasting facilities, and for other

purposes.

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.

4 This Act may be cited as the ‘‘Telecommunications

5 Infrastructure and Facilities Assistance Act of 1993’’.
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1 SEC. 2. FINDINGS.

2 The Congress finds and declares the following:

3 (1) A strong commitment to building the na4 tional telecommunications and information infra5 structure will promote economic growth, aid Ameri6 ca’s competitiveness, and increase the Nation’s

7 standard of living.

8 (2) An advanced telecommunications and infor9 mation infrastructure initiative serves the national

10 interest.

11 (3) Private sector investments in the United

12 States telecommunications and information infra13 structure can benefit from a Federal investment in

14 demonstration projects in which advanced tele15 communications capabilities are used to aid the de16 livery of critical social services such as education and

17 health care traditionally supported by government.

18 (4) Government funding of demonstrations and

19 pilot projects of telecommunications and information

20 infrastructure applications for health care providers,

21 educational institutions, research facilities, State and

22 local governments, libraries, and other social service

23 and public information providers can serve as a cat24 alyst in promoting increased private sector invest25 ment in, and continued development of, the national

26 telecommunications and information infrastructure.
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1 (5) Federal assistance in the promotion of the

2 national telecommunications and information infra3 structure will use a wide range of technologies in4 cluding, but not limited to, broadcast, fiber optic

5 cable, coaxial cable, satellite systems, and microwave

6 systems.

7 (6) Providing assistance to help eligible entities

8 connect to and fully utilize existing and developing

9 telecommunications networks and information serv10 ices is in the public interest.

11 (7) There are tremendous information resources

12 in the Nation, but the benefits of an advanced tele13 communications and information infrastructure will

14 be enhanced when United States citizens have rea15 sonable access to such existing and future informa16 tion resources.

17 (8) Federal support of public broadcasting has

18 helped provide valuable and useful educational and

19 cultural programs that reach nearly all citizens of

20 the United States.

21 (9) The Federal Government shall ensure that

22 all citizens of the United States have access to pub23 lic telecommunications services through all appro24 priate available telecommunications distribution

25 technologies.
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1 (10) Public telecommunications entities and

2 services constitute valuable local community re3 sources for utilizing electronic media to address na4 tional concerns and solve local problems through

5 community programs.

6 (11) The Federal Government should encourage

7 partnerships to adapt technologies to public service

8 uses in a cost-effective manner, utilizing and main9 taining existing facilities where appropriate and ef10 fective, and to avoid duplicate services or capacities

11 which are currently provided by public telecommuni12 cations entities.

13 SEC. 3. NATIONAL TELECOMMUNICATIONS AND INFORMA14 TION INFRASTRUCTURE DEVELOPMENT.

15 (a) AMENDMENTS TO THE NTIAO ACT.—The Na16 tional Telecommunications and Information Administra17 tion Organization Act is amended—

18 (1) by redesignating part C as part F; and

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

20 parts:

21 ‘‘PART C—PLANNING AND CONSTRUCTION OF

22 PUBLIC BROADCASTING FACILITIES

23 ‘‘SEC. 121. PURPOSE.

24 ‘‘The purpose of this part is to assist, through match25 ing grants, in the planning and construction of public
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1 broadcasting facilities in order to achieve the following ob2 jectives:

3 ‘‘(1) extend delivery of public broadcasting serv4 ices to as many citizens of the United States as pos5 sible by the most efficient and economical means, in6 cluding broadcast, fiber optic cable, coaxial cable,

7 satellite systems, and microwave systems;

8 ‘‘(2) increase public broadcasting services and

9 facilities available to, operated by, and owned by mi10 norities and women; and

11 ‘‘(3) strengthen the capability of existing public

12 broadcasting entities to provide public broadcasting

13 services to the public.

14 ‘‘SEC. 122. GRANTS FOR CONSTRUCTION.

15 ‘‘(a) APPLICATIONS FOR GRANTS.—Any eligible ap16 plicant (as described in paragraph (1)) desiring to obtain

17 a grant under this part for the construction of public

18 broadcasting facilities shall submit to the Secretary an ap19 plication containing such information with respect to the

20 proposed construction project as the Secretary may re21 quire, including the total cost of such project and the

22 amount of the grant requested for such project. Each ap23 plicant shall also provide assurances satisfactory to the

24 Secretary that—

25 ‘‘(1) the applicant is—
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1 ‘‘(A) a public broadcast station;

2 ‘‘(B) a system of public broadcasting enti3 ties;

4 ‘‘(C) a nonprofit foundation, corporation,

5 institution, or association organized primarily

6 for educational or cultural purposes; or

7 ‘‘(D) a State or local government (or any

8 agency thereof), or a political or special purpose

9 subdivision of a State;

10 ‘‘(2) the operation of such public broadcasting

11 facilities will be under the control of the applicant;

12 ‘‘(3) necessary funds to construct, operate, and

13 maintain such public broadcasting facilities will be

14 available when needed;

15 ‘‘(4) such public broadcasting facilities will be

16 used primarily for the provision of public broadcast17 ing services, and the use of such public broadcasting

18 facilities for purposes other than the provision of

19 public broadcasting services will not interfere with

20 the provision of such public broadcasting services as

21 required in this part;

22 ‘‘(5) the applicant has participated in com23 prehensive planning for such public broadcasting fa24 cilities in the area which the applicant proposes to

25 serve, and such planning has included an evaluation
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1 of alternate technologies and coordination with State

2 educational television and radio agencies, as appro3 priate; and

4 ‘‘(6) the applicant will use the grant efficiently

5 and effectively.

6 ‘‘(b) AMOUNT OF GRANT.—Upon approving any ap7 plication under this section with respect to any project for

8 the construction of public broadcasting facilities, the Sec9 retary shall make a grant to the applicant in an amount

10 determined by the Secretary, except that such amount

11 shall not exceed 75 percent of the amount determined by

12 the Secretary to be the reasonable and necessary cost of

13 such project. The Secretary may provide such funds as

14 the Secretary deems necessary for the planning of any

15 project for which construction funds may be obtained

16 under this section.

17 ‘‘(c) PLANNING GRANTS.—

18 ‘‘(1) INFORMATION AND ASSURANCES.—An ap19 plicant for a planning grant shall provide such infor20 mation with respect to such project as the Secretary

21 may require and shall provide assurances satisfac22 tory to the Secretary that the applicant meets the

23 eligibility requirements of subsection (a) to receive

24 construction assistance.
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1 ‘‘(2) STUDIES.—Any studies conducted by or

2 for any grant recipient under this subsection shall be

3 provided to the Secretary, if such studies are con4 ducted through the use of funds received under this

5 section.

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

7 shall establish such regulations as may be necessary to

8 carry out this part, including regulations relating to the

9 order of priority in approving applications for construction

10 or planning projects and relating to determining the

11 amount of each grant.

12 ‘‘(e) SPECIAL CONSIDERATION.—In establishing cri13 teria for grants pursuant to this section, and in establish14 ing procedures relating to the order of priority established

15 under subsection (d) in approving applications for grants,

16 the Secretary shall give special consideration to applica17 tions which would increase participation by minorities,

18 women, and populations traditionally underserved in the

19 ownership and operation of public broadcasting entities.

20 The Secretary shall take affirmative steps to inform mi21 norities, women, and underserved populations of the avail22 ability of funds under this part, and the localities where

23 new public broadcasting facilities are needed, and to pro24 vide such other assistance and information as may be ap25 propriate.
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1 ‘‘SEC. 123. CRITERIA FOR APPROVAL AND EXPENDITURES

2 BY NTIA.

3 ‘‘(a) CONSTRUCTION AND PLANNING GRANTS.—The

4 Secretary, in consultation with the Corporation for Public

5 Broadcasting, public broadcasting entities, and, as appro6 priate, with others, shall establish criteria for making con7 struction and planning grants. Such criteria shall be con8 sistent with the objectives and provisions set forth in this

9 part, and shall be made available to interested parties

10 upon request.

11 ‘‘(b) BASIS FOR DETERMINATION.—The Secretary

12 shall base determinations of whether to approve applica13 tions for grants under this part, and the amount of such

14 grants, on criteria developed pursuant to subsection (a)

15 that are designed to achieve—

16 ‘‘(1) the establishment of new public broadcast17 ing facilities to extend service to areas currently not

18 receiving public broadcasting services;

19 ‘‘(2) the expansion of the service areas or pro20 duction capabilities of existing public broadcasting

21 entities;

22 ‘‘(3) the development of public broadcasting fa23 cilities owned by, operated by, and available to mi24 norities and women; and

25 ‘‘(4) the improvement of the capabilities of ex26 isting public broadcasting entities to provide public
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1 broadcasting services, including services to under2 served audiences such as deaf and hearing impaired

3 individuals and blind and visually impaired individ4 uals.

5 ‘‘(c) NONCOMMERCIAL RADIO BROADCAST STATION

6 FACILITIES.—Of the sums appropriated pursuant to sec7 tion 125 for any fiscal year, a substantial amount shall

8 be available for the expansion and development of non9 commercial radio broadcast station facilities.

10 ‘‘SEC. 124. ADMINISTRATIVE PROVISIONS.

11 ‘‘(a) RECOVERY OF FUNDS.—If, within 5 years after

12 completion of any project for construction of facilities,

13 with respect to which a grant has been made under this

14 section—

15 ‘‘(1) the applicant or other owner of such facili16 ties ceases to be an entity as described in section

17 122(a)(1); or

18 ‘‘(2) such facilities cease to be used primarily

19 for the provision of public broadcasting services (or

20 the use of such public broadcasting facilities for pur21 poses other than the provision of public broadcasting

22 services interferes with the provision of such public

23 broadcasting services as required in this part);

24 the United States shall be entitled to recover from the ap25 plicant or other owner of such facilities the amount bear-
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1 ing the same ratio to the value of such facilities at the

2 time the applicant ceases to be such an entity or at the

3 time of such determination (as determined by agreement

4 of the parties or by action brought in the United States

5 district court for the district in which such facilities are

6 situated), as the amount of the Federal participation bore

7 to the cost of construction of such facilities. The Secretary

8 may increase the period for recovery under the preceding

9 sentence from 5 to 10 years if the Secretary determines

10 that the longer period is necessary in order to accomplish

11 the purposes of this part.

12 ‘‘(b) RECORDKEEPING REQUIREMENTS.—Each recip13 ient of assistance under this part shall keep such records

14 as may be reasonably necessary to enable the Secretary

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

16 including—

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

18 public broadcasting facilities under the control of

19 such recipient;

20 ‘‘(2) records which fully disclose the amount

21 and the disposition by such recipient of the proceeds

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

23 connection with which such assistance is given or

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

25 cost of the project supplied by other sources; and
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1 ‘‘(3) such other records as will facilitate an ef2 fective audit.

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

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

5 of their duly authorized representatives, shall have access

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

7 documents, papers, and records of any recipient of assist8 ance under this part that relate to assistance received

9 under this part.

10 ‘‘SEC. 125. AUTHORIZATION OF APPROPRIATIONS.

11 ‘‘There are authorized to be appropriated

12 $35,000,000 for each of the fiscal years 1995 and 1996,

13 to be used by the Secretary to assist in the planning and

14 construction of public broadcasting facilities as provided

15 in this part. Sums appropriated under this part for any

16 fiscal year are authorized to remain available until ex17 pended. Sums appropriated under this part may be used

18 by the Secretary to cover the cost of administering the

19 provisions of this part.

20 ‘‘PART D—TELECOMMUNICATIONS AND

21 INFORMATION INFRASTRUCTURE PROGRAM

22 ‘‘SEC. 131. PURPOSE.

23 ‘‘It is the purpose of this part to facilitate the devel24 opment of the national telecommunications and informa25 tion infrastructure by authorizing the Secretary to estab-
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1 lish and maintain, by the most efficient and economical

2 means, a Telecommunications and Information Infrastruc3 ture Development Program that will promote the wide4 spread availability of advanced telecommunications tech5 nologies to—

6 ‘‘(1) enhance the delivery to the public of di7 verse social services, including education and health

8 care; and

9 ‘‘(2) support, through the interconnection and

10 improvement of existing facilities and the deploy11 ment of new facilities, the formation of a nationwide,

12 multimedia, high-speed, interactive infrastructure of

13 varied information technologies.

14 ‘‘SEC. 132. GRANT AUTHORITY.

15 ‘‘(a) GRANT PURPOSES AND CRITERIA.—In accord16 ance with the requirements of this part, the Secretary is

17 authorized to award grants to eligible applicants (as de18 scribed in subsection (b)(1)) to assist the development of

19 a national telecommunications and information infrastruc20 ture. The Secretary shall not award a grant under this

21 part unless the Secretary determines that the project will

22 promote one or more of the following objectives:

23 ‘‘(1) expand or otherwise augment tele24 communications networks or information technology

25 systems for health care providers, educational insti-
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1 tutions, research facilities, libraries, museums, State

2 and local governments, and other social service and

3 public information providers;

4 ‘‘(2) enhance the ability, through interconnec5 tion, of health care providers, educational institu6 tions, research facilities, libraries, museums, State

7 and local governments, and other social service and

8 public information providers to have access to exist9 ing and new sources of information;

10 ‘‘(3) the development and utilization of stand11 ards for interoperability and interconnection of the

12 various facilities, systems, and networks which would

13 comprise a demonstration or pilot project;

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

15 advanced telecommunications and information infra16 structure, especially for traditionally underserved

17 populations; and

18 ‘‘(5) demonstrate and improve the efficiency

19 and effectiveness of the delivery of social services,

20 such as education and health care, to the American

21 people.

22 ‘‘(b) APPLICATIONS FOR GRANTS.—Any eligible ap23 plicant desiring to obtain a grant under this part shall

24 submit to the Secretary an application containing such in25 formation with respect to such project as the Secretary
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1 may require. Each applicant shall also provide assurances

2 satisfactory to the Secretary that—

3 ‘‘(1) the applicant is—

4 ‘‘(A) a nonprofit foundation, corporation,

5 institution, or association;

6 ‘‘(B) a State or local government (or any

7 agency thereof), or a political or special purpose

8 subdivision of a State or local government; or

9 ‘‘(C) any enterprise owned and operated by

10 a State or local government entity;

11 ‘‘(2) the applicant has the technical, adminis12 trative, and financial capability to obtain, operate,

13 and maintain the facilities, systems, or networks

14 that are the subject of the application;

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

16 economical means to achieve its communications or

17 information needs, and has not failed to utilize com18 mercially available network services to meet such

19 needs to the extent such commercial services meet

20 the needs of the applicant in the most efficient and

21 economical manner;

22 ‘‘(4) the applicant has participated in com23 prehensive planning for such facilities, systems, or

24 networks and such planning has included an evalua-
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1 tion of alternative technologies and coordination with

2 appropriate State agencies, as needed;

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

4 percent of the amount determined by the Secretary

5 to be the reasonable and necessary cost of such

6 project, unless the Secretary determines that ex7 traordinary circumstances warrant permitting a

8 grant in an amount that will not exceed 75 percent

9 of such cost; and

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

11 or network obtained with funds provided under this

12 section primarily to achieve the objectives identified

13 in the application and will comply with regulations

14 prescribed by the Secretary with respect to resale of

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

16 ‘‘(c) 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 ‘‘(d) 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.—

2 ‘‘(1) CLEARINGHOUSE ON DISTANCE LEARN3 ING.—In carrying out the requirements of subsection

4 (d), and in collecting studies pursuant to section

5 133(b), the Secretary shall provide for the collection

6 and dissemination of information concerning dis7 tance learning. The Secretary shall maintain infor8 mation on distance learning providers; receive, re9 view, and analyze reports of different distance learn10 ing activities; and publish periodically a compilation

11 of the reports submitted and such analysis.

12 ‘‘(2) CLEARINGHOUSE ON TELEMEDICINE.—In

13 carrying out the requirements of subsection (d), and

14 in collecting studies pursuant to section 133(b), the

15 Secretary shall provide for the collection and dis16 semination of information concerning telemedicine

17 projects. The Secretary shall maintain information

18 on telemedicine projects, receive, review, and analyze

19 reports of different telemedicine activities, and pub20 lish periodically a compilation of the reports submit21 ted and such analysis.

22 ‘‘SEC. 135. AUTHORIZATION OF APPROPRIATIONS.

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

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

25 $150,000,000 for fiscal year 1996. Sums appropriated
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1 under this section for any fiscal year are authorized to

2 remain available until expended. Sums appropriated under

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

4 direct and indirect costs of administering the provisions

5 of this part, for evaluating the effectiveness of the pro6 gram and projects funded pursuant to this part, and for

7 other related activities. Up to 5 percent of the funds ap8 propriated pursuant to this section may be used by the

9 Secretary for research to support the grant making activi10 ties under this part.’’.

11 (b) TRANSFER AND REAUTHORIZATION OF NA12 TIONAL ENDOWMENT FOR CHILDREN’S TELEVISION.—

13 The Communications Act of 1934 (hereinafter in this sub14 section referred to as ‘‘the 1934 Act’’) and the National

15 Telecommunications and Information Administration Or16 ganization Act (hereinafter in this subsection referred to

17 as ‘‘the NTIAO Act’’) are amended as follows:

18 (1) The NTIAO Act is amended by inserting

19 after part D (as added by subsection (a) of this sec20 tion) a new part E, the heading of which shall be

21 as follows:
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1 ‘‘PART E—NATIONAL ENDOWMENT FOR

2 CHILDREN’S TELEVISION’’.

3 (2) Section 394 of the 1934 Act is transferred

4 to such new part E of the NTIAO Act and is redes5 ignated as section 141 of the NTIAO Act.

6 (3) Such section 141 is amended so that the

7 section designation and section heading of such sec8 tion shall be in the form and typeface of the section

9 designation and section heading of this section.

10 (4) Subsection (h) of such section 141 is

11 amended to read as follows:

12 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated $6,000,000 for each of

14 the fiscal years 1995 and 1996, to be used by the Sec15 retary to carry out the provisions of this section. Sums

16 appropriated under this subsection for any fiscal year shall

17 remain available for contracts and grants for projects for

18 which applications approved under this section have been

19 submitted within one year after the last day of such fiscal

20 year.’’.

21 (c) CONFORMING AMENDMENTS.—

22 (1) NTIAO ACT DEFINITIONS.—Section 102(a)

23 of the National Telecommunications and Informa24 tion Administration Organization Act is amended by

25 adding at the end the following new paragraphs:
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1 ‘‘(6) The term ‘construction’ means acquisition

2 (including acquisition by lease), installation and

3 modernization of public broadcasting facilities, and

4 planning and preparatory steps incidental to any

5 such acquisition, installation, or modernization.

6 ‘‘(7) The term ‘interconnection’ means the use

7 of an association of transmission channels or tele8 communication circuits, switching units, or other

9 equipment to provide the means of a transfer of sig10 nals between two or more points in a telecommuni11 cations network or networks or the use of an inter12 connection system.

13 ‘‘(8) The term ‘interconnection system’ means

14 any system of facilities used for the distribution of

15 programs to public telecommunications entities (as

16 such term is defined in section 397 of the Commu17 nications Act of 1934 (47 U.S.C. 397).

18 ‘‘(9) The term ‘public broadcasting facilities’

19 means telecommunications and related equipment

20 necessary for the provision of public broadcasting

21 services, except that such term does not include the

22 buildings to house such apparatus (other than small

23 equipment shelters that are part of satellite Earth

24 stations, translators, microwave interconnection fa25 cilities, and similar facilities).
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1 ‘‘(10) The term ‘public broadcasting services’

2 means the production, acquisition, distribution, or

3 dissemination of noncommercial, educational, or cul4 tural programs and related noncommercial and in5 structional and informational material disseminated

6 by entities licensed by the Federal Communications

7 Commission as noncommercial educational broadcast

8 stations.

9 ‘‘(11) The term ‘nonprofit’ (as applied to any

10 foundation, corporation, or association) means a

11 foundation, corporation, or association, no part of

12 the net earnings of which inures, or may lawfully

13 inure, to the benefit of any private shareholder or in14 dividual.

15 ‘‘(12) The term ‘public broadcasting entity’

16 means the Corporation, any licensee or permittee of

17 a public broadcast station, or any nonprofit institu18 tion engaged primarily in the production, acquisi19 tion, distribution, or dissemination of educational

20 and cultural television or radio programs.

21 ‘‘(13) The term ‘State’ includes the District of

22 Columbia, the Commonwealth of Puerto Rico, the

23 Virgin Islands, Guam, American Samoa, the North24 ern Mariana Islands, and the Trust Territory of the

25 Pacific Islands.’’.
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1 (2) DELEGATION.—Section 103(b)(3)(B) of

2 The National Telecommunications and Information

3 Administration Organization Act is amended to read

4 as follows:

5 ‘‘(B) shall assign to the Assistant Sec6 retary and the NTIA the administration of

7 parts C through E of this title.’’.

8 (3) COMMUNICATIONS ACT AMENDMENTS.—

9 Part IV of title III of the Communications Act of

10 1934 (47 U.S.C. 390 et seq.) is amended—

11 (A) by striking subparts A, B, and C (47

12 U.S.C. 390–395);

13 (B) by redesignating subparts D and E as

14 subparts A and B; and

15 (C) in section 397—

16 (i) by amending paragraph (1) to read

17 as follows:

18 ‘‘(1) The term ‘construction’ means acquisition (in19 cluding acquisition by lease), installation and moderniza20 tion of public broadcasting facilities, and planning and

21 preparatory steps incidental to any such acquisition, in22 stallation, or modernization.’’;

23 (ii) in paragraph (2), by striking

24 ‘‘subpart D’’ and inserting ‘‘subpart A’’;

25 (iii) by striking paragraph (10);
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1 (iv) by amending paragraph (15) to

2 read as follows:

3 ‘‘(15) The term ‘Secretary’ means the Secretary of

4 Health and Human Services.’’; and

5 (v) by redesignating paragraphs (11)

6 through (17) as paragraphs (10) through

7 (16), respectively.

8 SEC. 4. REAUTHORIZATION OF THE NTIA.

9 (a) AMENDMENT.—Section 151 of the National Tele10 communications and Information Administration Organi11 zation Act is amended by striking ‘‘$17,600,000 for fiscal

12 year 1992 and $17,900,000 for fiscal year 1993’’ and in13 serting ‘‘$28,000,000 for each of the fiscal years 1995 and

14 1996’’.

15 (b) TECHNICAL AMENDMENT.—Section 105(c)(2) of

16 such Act is amended by adding at the end the following:

17 ‘‘The Secretary is authorized to retain and use all funds

18 transferred, or previously transferred, from other Govern19 ment agencies for all costs incurred in telecommunications

20 research, engineering, and related activities by the Insti21 tute for Telecommunications Sciences of the NTLA in fur22 therance of its assigned functions under this section. Such

23 funds received from other Government agencies shall re24 main available until expended.’’.
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1 SEC. 5. STUDY REQUIRED.

2 Part F of the National Telecommunications and In3 formation Administration Organization Act (as redesig4 nated by section 3(a)(1) of this Act) is amended by adding

5 at the end the following new section:

6 ‘‘SEC. 156. STUDY AND REPORT ON SATELLITE-BASED EDU7 CATIONAL NETWORK FOR AFRICAN CHIL8 DREN.

9 ‘‘(a) STUDY REQUIRED.—Within 6 months following

10 enactment of this section, the National Telecommuni11 cations and Information Administration shall conduct a

12 feasibility study to identify the opportunities, facilities,

13 programming and other resources necessary to establish

14 networks using modern telecommunications technologies

15 for the purpose of providing educational and other train16 ing essential to ensure growth and opportunities in Africa.

17 The study shall pay particular attention to the educational

18 needs of children residing in rural and remote areas, and

19 to the opportunities to address those needs. In conducting

20 such study, the National Telecommunications and Infor21 mation Administration shall identify resources and pro22 grams of governmental, nongovernmental, and multi23 national agencies that may be deployed promptly and eco24 nomically. The study shall identify any legal, procedural,

25 or technical impediments to the establishment of such a
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•HR 2639 EH

1 network or networks and the appropriate steps to remove

2 such impediments.

3 ‘‘(b) REPORT REQUIRED.—The National Tele4 communications and Information Administration shall

5 submit to the President and the Congress a report on the

6 results of the study required by subsection (a). The Na7 tional Telecommunications and Information Administra8 tion shall include in such report any legislative or adminis9 trative actions required to promote the establishment of

10 such a network.

11 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated $285,000 to carry out

13 this section.’’.

Passed the House of Representatives November 8,

1993.

Attest:

Clerk.

HR 2639 EH——2

HR 2639 EH——3