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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2639 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2639

 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

_______________________________________________________________________

                                 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.

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

                      TITLE I--GENERAL PROVISIONS

                              short title

    Sec. 101. This Act may be cited as the ``Telecommunications and 
Information Infrastructure and Public Broadcasting Facilities 
Assistance Act of 1993''.

                                findings

Sec. 102. The Congress finds and declares that:
            (1) A strong commitment to building the national 
        telecommunications and information infrastructure will promote 
        economic growth, aid America's competitiveness, and increase 
        the Nation's standard of living.
            (2) A telecommunications and information infrastructure 
        initiative that complements private sector efforts is in the 
        national interest.
            (3) Private sector investments in the United States 
        telecommunications and information infrastructure do not 
        supplant the Federal role in funding demonstration projects in 
        which advanced telecommunications capabilities are used to aid 
        the delivery of critical social services such as education and 
        health care traditionally supported by government.
            (4) Government funding of telecommunications and 
        information infrastructure for health care providers, 
        educational institutions, research facilities, State and local 
        governments, libraries, other social service and public 
        information providers can serve as a catalyst in promoting 
        increased private sector investment in, and continued 
        development of, the national telecommunications and information 
        infrastructure.
            (5) Federal assistance in the promotion of the national 
        telecommunications and information infrastructure will use a 
        wide range of technologies including, but not limited to, fiber 
        optic cable, coaxial cable, satellite systems, and microwave 
        systems.
            (6) Providing assistance to help eligible entities connect 
        to existing and developing telecommunications networks and 
        information services is in the public interest.
            (7) There are tremendous information resources in the 
        Nation, but the benefits of an advanced telecommunications and 
        information infrastructure will be enhanced when United States 
        citizens have reasonable access to such existing and future 
        information resources.
            (8) Federal support of public broadcasting has helped 
        provide valuable and useful educational and cultural programs 
        that reach nearly all citizens of the United States.
            (9) The distinct characteristics of public broadcasting 
        projects and telecommunications and information infrastructure 
        projects will best be accommodated by establishing two 
        independent assistance programs.

                                purpose

    Sec. 103. To facilitate the development of the national 
telecommunications and information infrastructure, the Secretary is 
authorized to establish and maintain two separate assistance programs, 
one for telecommunications and information infrastructure projects, and 
one for public broadcasting projects:
            (1) The Telecommunications and Information Infrastructure 
        Program shall focus on promoting the widespread availability of 
        advanced telecommunications technologies to--
                    (A) enhance the delivery of diverse social 
                services, including education and health care, to the 
                public; and
                    (B) support the eventual formation of a nationwide, 
                multimedia, high-speed, interactive infrastructure of 
                varied information technologies through interconnection 
                and improvement.
            (2) The Public Broadcasting Facilities Program shall focus 
        on--
                    (A) extending public broadcasting services to 
                underserved segments of the American public;
                    (B) increasing public broadcasting services and 
                facilities available to, operated by, and owned by 
                minorities and women; and
                    (C) improving the capability of existing public 
                broadcasting facilities to provide services to their 
                coverage areas.

                              definitions

    Sec. 104. (a) Paragraphs (1), (3), (13), (14), and (15) of section 
397 of the Communications Act of 1934 are hereby amended as follows and 
a new paragraph (18) is added:

                             ``definitions

    ``Sec. 397. For the purposes of this part:
            ``(1) The term `construction' means acquisition (including 
        acquisition by lease), installation and modernization of public 
        broadcasting facilities, and planning and preparatory steps 
        incidental to any such acquisition, installation, or 
        modernization.''.
            ``(3) The term `interconnection' means an association of 
        transmission channels or telecommunication circuits, switching 
        units, or other equipment to provide the means of a transfer of 
        signals between two or more points in a telecommunications 
        network or networks.''.
            ``(13) The term `public broadcasting facilities' means 
        telecommunications and related equipment necessary for the 
        provision of public broadcasting services, except that such 
        term does not include the buildings to house such apparatus 
        (other than small equipment shelters that are part of satellite 
        Earth stations, translators, microwave interconnection 
        facilities, and similar facilities).
            ``(14) The term `public broadcasting services' means the 
        production, acquisition, distribution, or dissemination of 
        noncommercial, educational and cultural programs disseminated 
        through that portion of the broadcast spectrum designated by 
        the Federal Communications Commission for noncommercial, 
        educational television, or radio broadcasting.
            ``(15) The term `Secretary' means the Secretary of Commerce 
        when such term is used in subpart A, subpart B, and subpart C, 
        and the Secretary of Health and Human Services when such term 
        is used in subpart D and this subpart.''.
            ``(18) The term `telecommunications and information 
        infrastructure' means the hardware and operating software 
        necessary to transmit, receive, store, or distribute analog or 
        digital signals for voice, data, or video, except that such 
        hardware and operating software shall not include public 
        broadcasting facilities.''.

      TITLE II--ASSISTANCE FOR TELECOMMUNICATIONS AND INFORMATION 
                       INFRASTRUCTURE DEVELOPMENT

    Sec. 201. (a) The heading to subpart C of part IV of the 
Communications Act of 1934 (title 47 of the United States Code), 
``Telecommunications Demonstrations,'' is hereby deleted and replaced 
with the following--``Assistance for Telecommunications and Information 
Infrastructure''.
    (b) Section 395 of the Communications Act (title 47 of the United 
States Code) is hereby repealed and replaced with the following:

      ``declaration of purpose; general criteria for approval and 
 expenditures by secretary of commerce; appropriations; administration

    ``Sec. 395. (a) Purpose.--The purpose of this section is to assist, 
through matching grants, the development of a national 
telecommunications and information infrastructure, by the most 
efficient and economical means. The objectives of these grants are to--
            ``(1) expand telecommunications networks or systems for 
        health care providers, educational institutions, research 
        facilities, libraries, museums, State and local governments, 
        and other social service and public information providers;
            ``(2) enhance the ability, through interconnection, of 
        health care providers, educational institutions, research 
        facilities, libraries, museums, State and local governments, 
        and other social service and public information providers to 
        access existing and new sources of information;
            ``(3) improve the efficiency and effectiveness of the 
        delivery of social services, such as education and health care, 
        to the American people;
            ``(4) promote innovation in the use of telecommunications 
        services and technologies by supporting telecommunications 
        demonstration projects in the delivery of social services; and
            ``(5) increase the professional productivity, personal 
        growth, and quality of life for all citizens of the United 
        States, especially traditionally underserved populations 
        thereof, through efficient access to information.
    ``(b) Criteria.--The Secretary shall base determinations on whether 
to approve grants under this section, and the amount of such grants, 
except that such amount shall not exceed 50 percent of the amount 
determined by the Secretary to be the reasonable and necessary cost of 
such project, unless the Secretary determines that extraordinary 
circumstances warrant providing a grant not to exceed 75 percent, on 
finding that the project would advance one or more of the following 
goals--
            ``(1) the enhancement of the telecommunications and 
        information infrastructure for health care providers, 
        educational institutions, research facilities, libraries, 
        museums, State and local government and other social service 
        and public information providers;
            ``(2) the promotion of accessibility to, and universal 
        utilization of, telecommunications and information 
        infrastructure for all citizens of the United States, 
        especially traditionally underserved populations;
            ``(3) the development and increased use of 
        telecommunications and information infrastructure, especially 
        for education, health care, research, and other social and 
        public information service providers, with demonstration 
        projects;
            ``(4) the promotion of infrastructure interconnection and 
        interoperability; and
            ``(5) the evaluation and demonstration of the efficiency 
        and efficacy of innovative telecommunications facilities, 
        systems or networks in the provision of education, health care, 
        and other social and public information services.
    ``(c) Applications for Grants.--For each project proposed pursuant 
to this title there shall be submitted to the Secretary an application 
for a grant containing such information with respect to such project as 
the Secretary may require. Each applicant shall also provide assurances 
satisfactory to the Secretary that--
            ``(1) the applicant is capable of creating, operating, and 
        maintaining the facilities, systems or networks that are the 
        subject of the application;
            ``(2) necessary funds to create, operate, and maintain such 
        facilities, systems or networks will be available when needed;
            ``(3) the applicant has participated in comprehensive 
        planning for such facilities, systems or networks that includes 
        an evaluation of alternative technologies and coordination with 
        appropriate State agencies, as needed;
            ``(4) the applicant will make efficient use of the grants;
            ``(5)(A) the applicant is a nonprofit foundation, 
        corporation, institution, or association; and
            ``(B) a State or local government (or any agency thereof), 
        or a political or special purpose subdivision of a State or 
        local government; or
            ``(C) any enterprise owned and operated by a State or local 
        government entity.
    ``(d) Training and Planning.--(1) The Secretary is authorized to 
fund necessary and reasonable expenses needed for training in the 
operation of the facilities, systems or networks developed pursuant to 
this section, except that such expenditures shall be authorized only 
for a period not to exceed one year after closeout of the grant for the 
telecommunications and information infrastructure funded under this 
section.
    ``(2) The Secretary is authorized to provide up to 100 percent of 
the cost of planning projects or studies that will promote the 
development or enhancement of the national telecommunications and 
information infrastructure. Any plans or studies conducted by or for 
any grant recipient under this section shall be provided to the 
Secretary. An applicant for a planning grant shall provide such 
information with respect to such project as the Secretary may require 
and shall provide assurances satisfactory to the Secretary that the 
applicant meets the requirements of subsection (c)(5)(A)-(C).
    ``(e) Regulations.--The Secretary shall establish such regulations 
as may be necessary to carry out this section, including regulations 
relating to the order of priority in approving applications for 
infrastructure or planning projects and relating to determining the 
amount of each grant for such projects. The Secretary shall seek the 
views of the Secretary of Education, the Secretary of Health and Human 
Services and the Director of the National Science Foundation in 
developing the regulations authorized under this section.
    ``(f) Special Consideration.--In establishing criteria for grants 
pursuant to this section, and in establishing procedures relating to 
the order of priority established in subsection (e) in approving 
applications for grants, the Secretary shall give special consideration 
to applications that would increase participation by minorities, 
individuals with disabilities, women, and other underserved populations 
in the ownership of, operation of, and access to, telecommunications 
and information infrastructure. The Secretary shall take affirmative 
steps to inform minorities, individuals with disabilities, women, and 
other underserved populations of the availability of funds under this 
section, and to provide such other assistance and information as may be 
appropriate.
    ``(g) Recovery of Funds.--If, within five years after completion of 
any project with respect to which a grant has been made under this 
section--
            ``(1) the applicant or other owner of such facilities or 
        infrastructure cases to be an agency, institution, foundation, 
        corporation, association, or other entity described in 
        subsection (c)(5)(A)-(C); or
            ``(2) such facilities or infrastructure case to be used 
        primarily for the intended purposes of the grant project;
the United States shall be entitled to recover from the applicant or 
other owner of such facilities the amount bearing the same ratio to the 
value of such facilities at the time the applicant ceases to be such an 
entity or at the time of such determination (as determined by agreement 
of the parties or by action brought in the United States district court 
for the district in which such facilities are situated), as the amount 
of the Federal participation bore to the cost of construction of such 
facilities.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 1994 $51,000,000, and for each of fiscal 
years 1995, 1996, 1997, and 1998 such sums as may be necessary, to be 
used by the Secretary of Commerce to assist in the infrastructure 
interconnection, or development of telecommunications and information 
infrastructure, as provided in this section. Sums appropriated under 
this section for any fiscal year shall remain available until expended, 
for payment of grants for projects for which applications approved by 
the Secretary, pursuant to this section, have been submitted within any 
fiscal year; and for further implementation of this section. Sums 
appropriated under this section may be used by the Secretary to cover 
the direct and indirect costs of administering the provisions of this 
section, for evaluating the effectiveness of the program and projects 
funded pursuant to this section, and for other related activities.
    ``(i) Recordkeeping Requirements.--Each recipient of assistance 
under this section shall keep such records as may be reasonably 
necessary to enable the Secretary to carry out the functions of the 
Secretary under this section, including a complete and itemized 
inventory of all telecommunications and information infrastructure, 
systems, or networks under the control of such recipient procured with 
funds authorized under this section; and records which fully disclose 
the amount and the disposition by such recipient of the proceeds of 
such assistance, the total cost of the project in connection with which 
such assistance is given or used, the amount and nature of that portion 
of the cost of the project supplied by other sources, and such other 
records as will facilitate an effective audit.
    ``(j) Accessibility of Records.--The Secretary and the Comptroller 
General of the United States, or any of their duly authorized 
representatives, shall have access for the purpose of audit and 
examination to any books, documents, papers, and records of any 
recipient of assistance under this section that are pertinent to 
assistance received under this section.
    ``(k) Duty To Monitor.--The Secretary shall monitor and evaluate 
selected projects, to determine that such projects fulfill the 
objectives of this section. The Secretary shall evaluate the activities 
of this assistance program to assure that it is fulfilling its goals 
and objectives. The Secretary shall develop criteria for evaluations 
pursuant to subsection (e) of this section.''.

     TITLE III--ASSISTANCE FOR PLANNING AND CONSTRUCTION OF PUBLIC 
                        BROADCASTING FACILITIES

    Sec. 301. (a) The heading to part IV of the Communications Act of 
1934 (title 47 of the United States Code) is hereby amended as 
follows--``Assistance for Public Broadcasting Facilities: National 
Endowment for Children's Educational Television, Assistance for 
Telecommunications and Information Infrastructure, Corporation for 
Public Broadcasting.''.
    (b) Sections 390-393 of the Communications Act of 1934 (title 47 of 
the United States Code) are amended as follows--

                        ``declaration of purpose

    ``Sec. 390. The purpose of this title is to assist, through 
matching grants, in the planning and construction of public 
broadcasting facilities in order to achieve the following objectives--
            ``(1) extend delivery of public broadcasting services to as 
        many citizens of the United States as possible by the most 
        efficient and economical means;
            ``(2) increase public broadcasting services and facilities 
        available to, operated by, and owned by minorities and women; 
        and
            ``(3) strengthen the capability of existing public 
        broadcasting entities to provide public broadcasting services 
        to the public.''.

                   ``authorization of appropriations

    ``Sec. 391. There are authorized to be appropriated $20,600,000, 
for fiscal year 1994, and such sums as may be necessary for each of 
fiscal years 1995, 1996, 1997, and 1998, to be used by the Secretary of 
Commerce to assist in the planning and construction of public 
broadcasting facilities as provided in this title. Sums appropriated 
under this title for any fiscal year shall remain available until 
expended for payment of grants for projects for which applications 
approved by the Secretary pursuant to this title have been submitted 
within any fiscal year. Sums appropriated under this title may be used 
by the Secretary to cover the cost of administering the provisions of 
this title.

                       ``grants for construction

    ``Sec. 392. (a) Applications for Grants.--For each project for the 
construction of public broadcasting facilities there shall be submitted 
to the Secretary an application for a grant containing such information 
with respect to such project as the Secretary may require, including 
the total cost of such project, the amount of the grant requested for 
such project. Each applicant shall also provide assurances satisfactory 
to the Secretary that--
            ``(1) the applicant is--
                    ``(A) a public broadcasting station;
                    ``(B) a system of public broadcasting entities;
                    ``(C) a nonprofit foundation, corporation, 
                institution, or association intending to serve 
                primarily educational or cultural purposes; or,
                    ``(D) a State or local government (or any agency 
                thereof), or a political or special purpose subdivision 
                of a State;
            ``(2) the operation of such public broadcasting facilities 
        will be under the control of the applicant;
            ``(3) necessary funds to construct, operate, and maintain 
        such public broadcasting facilities will be available when 
        needed;
            ``(4) such public broadcasting facilities will be used 
        primarily for the provision of public broadcasting services, 
        and that the use of such public broadcasting facilities for 
        purposes other than the provision of public broadcasting 
        services will not interfere with the provision of such public 
        broadcasting services as required in this title;
            ``(5) the applicant has participated in comprehensive 
        planning for such public broadcasting facilities in the area 
        which the applicant proposes to serve, and such planning has 
        included an evaluation of alternate technologies and 
        coordination with State educational television and radio 
        agencies, as appropriate; and
            ``(6) the applicant will make the most efficient use of the 
        grant.
    ``(b) Amount of Grant.--Upon approving any application under this 
section with respect to any project for the construction of public 
broadcasting facilities, the Secretary shall make a grant to the 
applicant in an amount determined by the Secretary, except that such 
amount shall not exceed 75 percent of the amount determined by the 
Secretary to be the reasonable and necessary cost of such project.
    ``(c) Information and Assurances.--The Secretary may provide such 
funds as the Secretary deems necessary for the planning of any project 
for which construction funds may be obtained under this section. An 
applicant for a planning grant shall provide such information with 
respect to such project as the Secretary may require and shall provide 
assurances satisfactory to the Secretary that the applicant meets the 
eligibility requirements of subsection (a) to receive construction 
assistance.
    ``(d) Studies.--Any studies conducted by or for any grant recipient 
under this section shall be provided to the Secretary, if such studies 
are conducted through the use of funds received under this section.
    ``(e) Regulations.--The Secretary shall establish such regulations 
as may be necessary to carry out this title, including regulations 
relating to the order of priority in approving applications for 
construction or planning projects and relating to determining the 
amount of each grant for such projects.
    ``(f) Special Consideration.--In establishing criteria for grants 
pursuant to section 393, and in establishing procedures relating to the 
order of priority established in subsection (e) in approving 
applications for grants, the Secretary shall give special consideration 
to applications which would increase participation by minorities, women 
and populations traditionally underserved in the ownership of, and 
operation of, public broadcasting entities. The Secretary shall take 
affirmative steps to inform minorities, women and underserved 
populations of the availability of funds under this title, and the 
localities where new public broadcasting facilities are needed, and to 
provide such other assistance and information as may be appropriate.
    ``(g) Recovery of Funds.--If, within ten years after completion of 
any project for construction of facilities, with respect to which a 
grant has been made under this section--
            ``(1) the applicant or other owner of such facilities 
        ceases to be an entity as described in section 392(a)(1)(A)-(D) 
        of this title; or
            ``(2) such facilities cease to be used primarily for the 
        provision of public broadcasting services (or the use of such 
        public broadcasting facilities for purposes other than the 
        provision of public broadcasting services interferes with the 
        provision of such public broadcasting services as required in 
        this title);
the United States shall be entitled to recover from the applicant or 
other owner of such facilities the amount bearing the same ratio to the 
value of such facilities at the time the applicant ceases to be such an 
entity or at the time of such determination (as determined by agreement 
of the parties or by action brought in the United States district court 
for the district in which such facilities are situated), as the amount 
of the Federal participation bore to the cost of construction of such 
facilities.
    ``(h) Recordkeeping Requirements.--Each recipient of assistance 
under this subpart shall keep such records as may be reasonably 
necessary to enable the Secretary to carry out the functions of the 
Secretary under this title, including a complete and itemized inventory 
of all public broadcasting facilities under the control of such 
recipient, and records which fully disclose the amount and the 
disposition by such recipient of the proceeds of such assistance, the 
total cost of the project in connection with which such assistance is 
given or used, the amount and nature of that portion of the cost of the 
project supplied by other sources, and such other records as will 
facilitate an effective audit.
    ``(i) Accessibility of Records.--The Secretary and the Comptroller 
General of the United States, or any of their duly authorized 
representatives, shall have access for the purpose of audit and 
examination to any books, documents, papers, and records of any 
recipient of assistance under this subpart that are pertinent to 
assistance received under this title.

         ``criteria for approval and expenditures by secretary

    ``Sec. 393. (a) Construction and Planning Grants.--The Secretary, 
in consultation with the Corporation for Public Broadcasting, public 
broadcasting entities, and, as appropriate, with others, shall 
establish criteria for making construction and planning grants. Such 
criteria shall be consistent with the objectives and provisions set 
forth in this subpart, and shall be made available to interested 
parties upon request.
    ``(b) Basis for Determination.--The Secretary shall base 
determinations of whether to approve applications for grants under this 
subpart, and the amount of such grants, on criteria developed pursuant 
to subsection (a) and designed to achieve--
            ``(1) the establishment of new public broadcasting 
        facilities to extend service to areas currently not receiving 
        public broadcasting services;
            ``(2) the improvement of the capabilities of existing 
        public broadcasting entities to provide public broadcasting 
        services to underserved audiences such as deaf and hearing 
        impaired individuals and blind and visually impaired 
        individuals;
            ``(3) the development of public broadcasting facilities 
        owned by, operated by, and available to minorities and women;
            ``(4) the expansion of the service areas or production 
        capabilities of existing public broadcasting entities; and
            ``(5) the replacement of existing equipment, except that 
        replacement shall have a lower priority than grants under 
        (b)(1)-(4) of this subsection.
    ``(c) Noncommercial Radio Broadcast Station Facilities.--Of the 
sums appropriated pursuant to section 381 for any fiscal year, a 
substantial amount shall be available for the expansion and development 
of noncommercial radio broadcast station facilities.''.

  TITLE IV--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION

                    authorization of appropriations

    Sec. 401. There is authorized to be appropriated for the 
administration of the National Telecommunications and Information 
Administration $21,927,000 for fiscal year 1994, and such sums as may 
be necessary for each of fiscal years, 1995, 1996, 1997, and 1998, and 
such sums as may be necessary for increases resulting from adjustments 
in salary, pay, retirement, other employee benefits required by law, 
and other nondiscretionary costs.

   TITLE V--NATIONAL ENDOWMENT FOR CHILDREN'S EDUCATIONAL TELEVISION

                    authorization for appropriation

    Sec. 501. For expenses necessary to carry out the provisions of the 
National Endowment for Children's Educational Television, title II of 
Public Law 101-437, including costs for contracts, grants, and 
administrative expenses, there are authorized to be appropriated 
$1,000,000 for fiscal year 1994 and such sums as may be necessary for 
each of fiscal year, 1995, 1996, 1997, and 1998, to remain available 
until expended.

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