Union Calendar No. 177

103D CONGRESS

1ST SESSION H. R. 2639

[Report No. 103–325]

A BILL

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 teleNOVEMBER 3, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 177

103D CONGRESS

1ST SESSION H. R. 2639

[Report No. 103–325]

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.

IN THE HOUSE OF REPRESENTATIVES

JULY 14, 1993

Mr. MARKEY (by request) introduced the following bill; which was referred to

the Committee on Energy and Commerce

NOVEMBER 3, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on July 14, 1993]

A BILL

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.
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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 In5 frastructure and Facilities Assistance Act of 1993’’.

6 SEC. 2. FINDINGS.

7 The Congress finds and declares the following:

8 (1) A strong commitment to building the na9 tional telecommunications and information infra10 structure will promote economic growth, aid Ameri11 ca’s competitiveness, and increase the Nation’s stand12 ard of living.

13 (2) An advanced telecommunications and infor14 mation infrastructure initiative serves the national

15 interest.

16 (3) Private sector investments in the United

17 States telecommunications and information infra18 structure can benefit from a Federal investment in

19 demonstration projects in which advanced tele20 communications capabilities are used to aid the deliv21 ery of critical social services such as education and

22 health care traditionally supported by government.

23 (4) Government funding of demonstrations and

24 pilot projects of telecommunications and information

25 infrastructure applications for health care providers,
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1 educational institutions, research facilities, State and

2 local governments, libraries, and other social service

3 and public information providers can serve as a cata4 lyst in promoting increased private sector investment

5 in, and continued development of, the national tele6 communications and information infrastructure.

7 (5) Federal assistance in the promotion of the

8 national telecommunications and information infra9 structure will use a wide range of technologies includ10 ing, but not limited to, broadcast, fiber optic cable,

11 coaxial cable, satellite systems, and microwave sys12 tems.

13 (6) Providing assistance to help eligible entities

14 connect to and fully utilize existing and developing

15 telecommunications networks and information serv16 ices is in the public interest.

17 (7) There are tremendous information resources

18 in the Nation, but the benefits of an advanced tele19 communications and information infrastructure will

20 be enhanced when United States citizens have reason21 able access to such existing and future information

22 resources.

23 (8) Federal support of public broadcasting has

24 helped provide valuable and useful educational and
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1 cultural programs that reach nearly all citizens of the

2 United States.

3 (9) The Federal Government shall ensure that all

4 citizens of the United States have access to public tele5 communications services through all appropriate

6 available telecommunications distribution tech7 nologies.

8 (10) Public telecommunications entities and

9 services constitute valuable local community resources

10 for utilizing electronic media to address national con11 cerns and solve local problems through community

12 programs.

13 (11) The Federal Government should encourage

14 partnerships to adapt technologies to public service

15 uses in a cost-effective manner, utilizing and main16 taining existing facilities where appropriate and ef17 fective, and to avoid duplicate services or capacities

18 which are currently provided by public telecommuni19 cations entities.

20 SEC. 3. NATIONAL TELECOMMUNICATIONS AND INFORMA21 TION INFRASTRUCTURE DEVELOPMENT.

22 (a) AMENDMENTS TO THE NTIAO ACT.—The National

23 Telecommunications and Information Administration

24 Organization Act is amended—

25 (1) by redesignating part C as part F; and
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1 (2) by inserting after part B the following new

2 parts:

3 ‘‘PART C—PLANNING AND CONSTRUCTION OF

4 PUBLIC BROADCASTING FACILITIES

5 ‘‘SEC. 121. PURPOSE.

6 ‘‘The purpose of this part is to assist, through match7 ing grants, in the planning and construction of public

8 broadcasting facilities in order to achieve the following ob9 jectives:

10 ‘‘(1) extend delivery of public broadcasting serv11 ices to as many citizens of the United States as pos12 sible by the most efficient and economical means, in13 cluding broadcast, fiber optic cable, coaxial cable, sat14 ellite systems, and microwave systems;

15 ‘‘(2) increase public broadcasting services and

16 facilities available to, operated by, and owned by mi17 norities and women; and

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

19 broadcasting entities to provide public broadcasting

20 services to the public.

21 ‘‘SEC. 122. GRANTS FOR CONSTRUCTION.

22 ‘‘(a) APPLICATIONS FOR GRANTS.—Any eligible appli23 cant (as described in paragraph (1)) desiring to obtain a

24 grant under this part for the construction of public broad25 casting facilities shall submit to the Secretary an applica-
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1 tion containing such information with respect to the pro2 posed construction project as the Secretary may require, in3 cluding the total cost of such project and the amount of the

4 grant requested for such project. Each applicant shall also

5 provide assurances satisfactory to the Secretary that—

6 ‘‘(1) the applicant is—

7 ‘‘(A) a public broadcast station;

8 ‘‘(B) a system of public broadcasting enti9 ties;

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

11 institution, or association organized primarily

12 for educational or cultural purposes; or

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

14 agency thereof), or a political or special purpose

15 subdivision of a State;

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

17 facilities will be under the control of the applicant;

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

19 maintain such public broadcasting facilities will be

20 available when needed;

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

22 used primarily for the provision of public broadcast23 ing services, and the use of such public broadcasting

24 facilities for purposes other than the provision of pub25 lic broadcasting services will not interfere with the
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1 provision of such public broadcasting services as re2 quired in this part;

3 ‘‘(5) the applicant has participated in com4 prehensive planning for such public broadcasting fa5 cilities in the area which the applicant proposes to

6 serve, and such planning has included an evaluation

7 of alternate technologies and coordination with State

8 educational television and radio agencies, as appro9 priate; and

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

11 and effectively.

12 ‘‘(b) AMOUNT OF GRANT.—Upon approving any appli13 cation under this section with respect to any project for the

14 construction of public broadcasting facilities, the Secretary

15 shall make a grant to the applicant in an amount deter16 mined by the Secretary, except that such amount shall not

17 exceed 75 percent of the amount determined by the Sec18 retary to be the reasonable and necessary cost of such

19 project. The Secretary may provide such funds as the Sec20 retary deems necessary for the planning of any project for

21 which construction funds may be obtained under this sec22 tion.

23 ‘‘(c) PLANNING GRANTS.—

24 ‘‘(1) INFORMATION AND ASSURANCES.—An ap25 plicant for a planning grant shall provide such infor-
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1 mation with respect to such project as the Secretary

2 may require and shall provide assurances satisfactory

3 to the Secretary that the applicant meets the eligi4 bility requirements of subsection (a) to receive con5 struction assistance.

6 ‘‘(2) STUDIES.—Any studies conducted by or for

7 any grant recipient under this subsection shall be

8 provided to the Secretary, if such studies are con9 ducted through the use of funds received under this

10 section.

11 ‘‘(d) REGULATIONS; PRIORITIES.—The Secretary shall

12 establish such regulations as may be necessary to carry out

13 this part, including regulations relating to the order of pri14 ority in approving applications for construction or plan15 ning projects and relating to determining the amount of

16 each grant.

17 ‘‘(e) SPECIAL CONSIDERATION.—In establishing cri18 teria for grants pursuant to this section, and in establishing

19 procedures relating to the order of priority established

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

21 the Secretary shall give special consideration to applica22 tions which would increase participation by minorities,

23 women, and populations traditionally underserved in the

24 ownership and operation of public broadcasting entities.

25 The Secretary shall take affirmative steps to inform minori-
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1 ties, women, and underserved populations of the availabil2 ity of funds under this part, and the localities where new

3 public broadcasting facilities are needed, and to provide

4 such other assistance and information as may be appro5 priate.

6 ‘‘SEC. 123. CRITERIA FOR APPROVAL AND EXPENDITURES

7 BY NTIA.

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

9 Secretary, in consultation with the Corporation for Public

10 Broadcasting, public broadcasting entities, and, as appro11 priate, with others, shall establish criteria for making con12 struction and planning grants. Such criteria shall be con13 sistent with the objectives and provisions set forth in this

14 part, and shall be made available to interested parties upon

15 request.

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

17 shall base determinations of whether to approve applica18 tions for grants under this part, and the amount of such

19 grants, on criteria developed pursuant to subsection (a) that

20 are designed to achieve—

21 ‘‘(1) the establishment of new public broadcast22 ing facilities to extend service to areas currently not

23 receiving public broadcasting services;
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1 ‘‘(2) the expansion of the service areas or produc2 tion capabilities of existing public broadcasting enti3 ties;

4 ‘‘(3) the development of public broadcasting fa5 cilities owned by, operated by, and available to mi6 norities and women; and

7 ‘‘(4) the improvement of the capabilities of exist8 ing public broadcasting entities to provide public

9 broadcasting services, including services to under10 served audiences such as deaf and hearing impaired

11 individuals and blind and visually impaired individ12 uals.

13 ‘‘(c) NONCOMMERCIAL RADIO BROADCAST STATION

14 FACILITIES.—Of the sums appropriated pursuant to section

15 125 for any fiscal year, a substantial amount shall be avail16 able for the expansion and development of noncommercial

17 radio broadcast station facilities.

18 ‘‘SEC. 124. ADMINISTRATIVE PROVISIONS.

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

20 completion of any project for construction of facilities, with

21 respect to which a grant has been made under this section—

22 ‘‘(1) the applicant or other owner of such facili23 ties ceases to be an entity as described in section

24 122(a)(1); or
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1 ‘‘(2) such facilities cease to be used primarily for

2 the provision of public broadcasting services (or the

3 use of such public broadcasting facilities for purposes

4 other than the provision of public broadcasting serv5 ices interferes with the provision of such public broad6 casting services as required in this part);

7 the United States shall be entitled to recover from the appli8 cant or other owner of such facilities the amount bearing

9 the same ratio to the value of such facilities at the time

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

11 of such determination (as determined by agreement of the

12 parties or by action brought in the United States district

13 court for the district in which such facilities are situated),

14 as the amount of the Federal participation bore to the cost

15 of construction of such facilities. The Secretary may in16 crease the period for recovery under the preceding sentence

17 from 5 to 10 years if the Secretary determines that the

18 longer period is necessary in order to accomplish the pur19 poses of this part.

20 ‘‘(b) RECORDKEEPING REQUIREMENTS.—Each recipi21 ent of assistance under this part shall keep such records as

22 may be reasonably necessary to enable the Secretary to

23 carry out the functions of the Secretary under this part,

24 including—
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1 ‘‘(1) a complete and itemized inventory of all

2 public broadcasting facilities under the control of such

3 recipient;

4 ‘‘(2) records which fully disclose the amount and

5 the disposition by such recipient of the proceeds of

6 such assistance, the total cost of the project in connec7 tion with which such assistance is given or used, the

8 amount and nature of that portion of the cost of the

9 project supplied by other sources; and

10 ‘‘(3) such other records as will facilitate an effec11 tive audit.

12 ‘‘(c) ACCESSIBILITY OF RECORDS.—The Secretary and

13 the Comptroller General of the United States, or any of

14 their duly authorized representatives, shall have access for

15 the purpose of audit and examination to any books, docu16 ments, papers, and records of any recipient of assistance

17 under this part that relate to assistance received under this

18 part.

19 ‘‘SEC. 125. AUTHORIZATION OF APPROPRIATIONS.

20 ‘‘There are authorized to be appropriated $35,000,000

21 for each of the fiscal years 1995 and 1996, to be used by

22 the Secretary to assist in the planning and construction

23 of public broadcasting facilities as provided in this part.

24 Sums appropriated under this part for any fiscal year are

25 authorized to remain available until expended. Sums ap-
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1 propriated under this part may be used by the Secretary

2 to cover the cost of administering the provisions of this part.

3 ‘‘PART D—TELECOMMUNICATIONS AND

4 INFORMATION INFRASTRUCTURE PROGRAM

5 ‘‘SEC. 131. PURPOSE.

6 ‘‘It is the purpose of this part to facilitate the develop7 ment of the national telecommunications and information

8 infrastructure by authorizing the Secretary to establish and

9 maintain, by the most efficient and economical means, a

10 Telecommunications and Information Infrastructure Devel11 opment Program that will promote the widespread avail12 ability of advanced telecommunications technologies to—

13 ‘‘(1) enhance the delivery to the public of diverse

14 social services, including education and health care;

15 and

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

17 improvement of existing facilities and the deployment

18 of new facilities, the formation of a nationwide, mul19 timedia, high-speed, interactive infrastructure of var20 ied information technologies.

21 ‘‘SEC. 132. GRANT AUTHORITY.

22 ‘‘(a) GRANT PURPOSES AND CRITERIA.—In accord23 ance with the requirements of this part, the Secretary is

24 authorized to award grants to eligible applicants (as de25 scribed in subsection (b)(1)) to assist the development of a
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1 national telecommunications and information infrastruc2 ture. The Secretary shall not award a grant under this part

3 unless the Secretary determines that the project will pro4 mote one or more of the following objectives:

5 ‘‘(1) expand or otherwise augment telecommuni6 cations networks or information technology systems

7 for health care providers, educational institutions, re8 search facilities, libraries, museums, State and local

9 governments, and other social service and public in10 formation providers;

11 ‘‘(2) enhance the ability, through interconnec12 tion, of health care providers, educational institu13 tions, research facilities, libraries, museums, State

14 and local governments, and other social service and

15 public information providers to have access to exist16 ing and new sources of information;

17 ‘‘(3) the development and utilization of stand18 ards for interoperability and interconnection of the

19 various facilities, systems, and networks which would

20 comprise a demonstration or pilot project;

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

22 advanced telecommunications and information infra23 structure, especially for traditionally underserved

24 populations; and
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1 ‘‘(5) demonstrate and improve the efficiency and

2 effectiveness of the delivery of social services, such as

3 education and health care, to the American people.

4 ‘‘(b) APPLICATIONS FOR GRANTS.—Any eligible appli5 cant desiring to obtain a grant under this part shall submit

6 to the Secretary an application containing such informa7 tion with respect to such project as the Secretary may re8 quire. Each applicant shall also provide assurances satis9 factory to the Secretary that—

10 ‘‘(1) the applicant is—

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

12 institution, or association;

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

14 agency thereof), or a political or special purpose

15 subdivision of a State or local government; or

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

17 a State or local government entity;

18 ‘‘(2) the applicant has the technical, administra19 tive, and financial capability to obtain, operate, and

20 maintain the facilities, systems, or networks that are

21 the subject of the application;

22 ‘‘(3) the applicant has chosen an efficient and ec23 onomical means to achieve its communications or in24 formation needs, and has not failed to utilize commer25 cially available network services to meet such needs to
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1 the extent such commercial services meet the needs of

2 the applicant in the most efficient and economical

3 manner;

4 ‘‘(4) the applicant has participated in com5 prehensive planning for such facilities, systems, or

6 networks and such planning has included an evalua7 tion of alternative technologies and coordination with

8 appropriate State agencies, as needed;

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

10 percent of the amount determined by the Secretary to

11 be the reasonable and necessary cost of such project,

12 unless the Secretary determines that extraordinary

13 circumstances warrant permitting a grant in an

14 amount that will not exceed 75 percent of such cost;

15 and

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

17 or network obtained with funds provided under this

18 section primarily to achieve the objectives identified

19 in the application and will comply with regulations

20 prescribed by the Secretary with respect to resale of

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

22 ‘‘(c) REGULATIONS; PRIORITIES.—The Secretary shall

23 establish such regulations as may be necessary to carry out

24 this part, including regulations relating to the order of pri25 ority to be used in approving applications and relating to
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1 determining the amount of each grant for such projects. As

2 part of such regulations, the Secretary shall provide a pref3 erence in the award of assistance for projects that increase

4 utilization and efficiency of existing telecommunications

5 and information facilities. The Secretary shall seek the

6 views of the Secretary of Education, the Secretary of Health

7 and Human Services, and the Director of the National

8 Science Foundation in developing the regulations author9 ized under this part. Such regulations shall include such

10 regulations for purposes of subsection (b)(6) as the Sec11 retary determines to be necessary to prevent an applicant

12 from using commercial resale of excess capacity to compete

13 unfairly with providers of telecommunications services.

14 ‘‘(d) SPECIAL CONSIDERATION.—In establishing cri15 teria for grants pursuant to this part, and in establishing

16 procedures relating to the order of priority established

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

18 the Secretary shall give special consideration to applica19 tions that (1) will increase participation by minorities, in20 dividuals with disabilities, women, and other underserved

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

22 to, telecommunications and information infrastructure; and

23 (2) will avoid unnecessary duplication of existing facilities

24 and services. The Secretary shall take affirmative steps to

25 inform minorities, individuals with disabilities, women,
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1 and other underserved populations of the availability of

2 funds under this part, and to provide such other assistance

3 and information as may be appropriate.

4 ‘‘SEC. 133. TRAINING AND PLANNING.

5 ‘‘(a) TRAINING EXPENSES.—The Secretary is author6 ized to provide funds for necessary and reasonable expenses

7 for training in the operation of the facilities, systems, or

8 networks developed pursuant to this part, except that such

9 expenditures shall be authorized only for a period not to

10 exceed one year after termination of the grant for the tele11 communications or information facility, system, or network

12 funded under this part.

13 ‘‘(b) PLANNING AND STUDIES.—The Secretary is au14 thorized to provide up to 100 percent of the cost of planning

15 projects or studies that will promote the development or en16 hancement of the national telecommunications and infor17 mation infrastructure. Any plans or studies conducted by

18 or for any grant recipient under this section shall be pro19 vided to the Secretary. An applicant for a planning grant

20 shall provide such information with respect to such project

21 as the Secretary may require and shall provide assurances

22 satisfactory to the Secretary that the applicant meets the

23 requirements of section 132(b)(1).
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1 ‘‘SEC. 134. ADMINISTRATIVE PROVISIONS.

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

3 completion of any project with respect to which a grant has

4 been made under this part—

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

6 system, or network ceases to be an agency, institution,

7 foundation, corporation, association, or other entity

8 described in section 132(b)(1); or

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

10 used primarily for the intended purposes of the grant

11 project;

12 the United States shall be entitled to recover from the appli13 cant or other owner of such facility, system, or network an

14 amount bearing the same ratio to the value of such facility,

15 system, or network at the time the applicant ceases to be

16 such an entity or at the time of such determination (as de17 termined by agreement of the parties or by action brought

18 in the United States district court for the district in which

19 such facility, system, or network is situated), as the amount

20 of the Federal grants bore to the cost of construction of such

21 facility, system, or network.

22 ‘‘(b) RECORDKEEPING REQUIREMENTS.—Each recipi23 ent of assistance under this part shall keep such records as

24 may be reasonably necessary to enable the Secretary to

25 carry out the functions of the Secretary under this part,

26 including—
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1 ‘‘(1) a complete and itemized inventory of all

2 telecommunications and information facilities, sys3 tems, or networks under the control of such recipient

4 procured with funds authorized under this part;

5 ‘‘(2) records which fully disclose the amount and

6 the disposition by such recipient of the proceeds of

7 such assistance, the total cost of the project in connec8 tion with which such assistance is given or used, the

9 amount and nature of that portion of the cost of the

10 project supplied by other sources; and

11 ‘‘(3) such other records as will facilitate an effec12 tive audit.

13 ‘‘(c) ACCESSIBILITY OF RECORDS.—The Secretary and

14 the Comptroller General of the United States, or any of

15 their duly authorized representatives, shall have access for

16 the purpose of audit and examination to any books, docu17 ments, papers, and records of any recipient of assistance

18 under this part that relate to assistance received under this

19 part.

20 ‘‘(d) DUTY TO MONITOR.—The Secretary shall mon21 itor and evaluate projects in order to determine that such

22 projects fulfill the objectives of this part. The Secretary shall

23 evaluate the activities of the assistance program under this

24 part to assure that it is fulfilling its goals and objectives.

25 The Secretary shall develop criteria for evaluations pursu-
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1 ant to section 132(c). Not later than January 1, 1998, the

2 Secretary shall submit to the Congress a summary of the

3 results of the monitoring and evaluation conducted under

4 this subsection.

5 ‘‘(e) CLEARINGHOUSES.—

6 (1) CLEARINGHOUSE ON DISTANCE LEARNING.—

7 In carrying out the requirements of subsection (d),

8 and in collecting studies pursuant to section 133(b),

9 the Secretary shall provide for the collection and dis10 semination of information concerning distance learn11 ing. The Secretary shall maintain information on

12 distance learning providers; receive, review, and ana13 lyze reports of different distance learning activities;

14 and publish periodically a compilation of the reports

15 submitted and such analysis.

16 (2) CLEARINGHOUSE ON TELEMEDICINE.—In

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

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

19 Secretary shall provide for the collection and dissemi20 nation of information concerning telemedicine

21 projects. The Secretary shall maintain information on

22 telemedicine projects, receive, review, and analyze re23 ports of different telemedicine activities, and publish

24 periodically a compilation of the reports submitted

25 and such analysis.
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1 ‘‘SEC. 135. AUTHORIZATION OF APPROPRIATIONS.

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

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

4 $150,000,000 for fiscal year 1996. Sums appropriated

5 under this section for any fiscal year are authorized to re6 main available until expended. Sums appropriated under

7 this section may be used by the Secretary to cover the direct

8 and indirect costs of administering the provisions of this

9 part, for evaluating the effectiveness of the program and

10 projects funded pursuant to this part, and for other related

11 activities. Up to 5 percent of the funds appropriated pursu12 ant to this section may be used by the Secretary for research

13 to support the grant making activities under this part.’’.

14 (b) TRANSFER AND REAUTHORIZATION OF NATIONAL

15 ENDOWMENT FOR CHILDREN’S TELEVISION.—The Commu16 nications Act of 1934 (hereinafter in this subsection referred

17 to as ‘‘the 1934 Act’’) and the National Telecommunications

18 and Information Administration Organization Act (herein19 after in this subsection referred to as ‘‘the NTIAO Act’’)

20 are amended as follows:

21 (1) The NTIAO Act is amended by inserting

22 after part D (as added by subsection (a) of this sec23 tion) a new part E, the heading of which shall be as

24 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 to

4 such new part E of the NTIAO Act and is redesig5 nated as section 141 of the NTIAO Act.

6 (3) Such section 141 is amended so that the sec7 tion designation and section heading of such section

8 shall be in the form and typeface of the section des9 ignation and section heading of this section.

10 (4) Subsection (h) of such section 141 is amend11 ed 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 Secretary

15 to carry out the provisions of this section. Sums appro16 priated under this subsection for any fiscal year shall re17 main 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) of

23 the National Telecommunications and Information

24 Administration Organization Act is amended by add25 ing 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 of

7 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 sta24 tions, translators, microwave interconnection facili25 ties, 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 the

12 net earnings of which inures, or may lawfully inure,

13 to the benefit of any private shareholder or individ14 ual.

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 Vir23 gin Islands, Guam, American Samoa, the Northern

24 Mariana Islands, and the Trust Territory of the Pa25 cific Islands.’’.
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1 (2) DELEGATION.—Section 103(b)(3)(B) of The

2 National Telecommunications and Information Ad3 ministration Organization Act is amended to read as

4 follows:

5 ‘‘(B) shall assign to the Assistant Secretary

6 and the NTIA the administration of parts C

7 through E of this title.’’.

8 (3) COMMUNICATIONS ACT AMENDMENTS.—Part

9 IV of title III of the Communications Act of 1934 (47

10 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 insert13 ing ‘‘$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 Institute

21 for Telecommunications Sciences of the NTLA in further22 ance of its assigned functions under this section. Such funds

23 received from other Government agencies shall remain

24 available until expended.’’.
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1 SEC. 5. STUDY REQUIRED.

2 Part F of the National Telecommunications and Infor3 mation Administration Organization Act (as redesignated

4 by section 3(a)(1) of this Act) is amended by adding at

5 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 Telecommunications

11 and Information Administration shall conduct a feasibility

12 study to identify the opportunities, facilities, programming

13 and other resources necessary to establish networks using

14 modern telecommunications technologies for the purpose of

15 providing educational and other training essential to en16 sure growth and opportunities in Africa. The study shall

17 pay particular attention to the educational needs of chil18 dren residing in rural and remote areas, and to the oppor19 tunities to address those needs. In conducting such study,

20 the National Telecommunications and Information Admin21 istration shall identify resources and programs of govern22 mental, nongovernmental, and multinational agencies that

23 may be deployed promptly and economically. The study

24 shall identify any legal, procedural, or technical impedi25 ments to the establishment of such a network or networks

26 and the appropriate steps to remove such impediments.
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1 ‘‘(b) REPORT REQUIRED.—The National Tele2 communications and Information Administration shall

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

4 results of the study required by subsection (a). The National

5 Telecommunications and Information Administration shall

6 include in such report any legislative or administrative ac7 tions required to promote the establishment of such a net8 work.

9 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are

10 authorized to be appropriated $285,000 to carry out this

11 section.’’.

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