I
103D CONGRESS
2D SESSION
H. R. 5013
To provide incentives for improving telecommunications and technology use
in education.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 21, 1994
Mr. LEHMAN (for himself, Mr. LEWIS of California, Mr. COOPER, and Mr.
MCKEON) introduced the following bill; which was referred jointly to the
Committees on Education and Labor and Energy and Commerce
A BILL
To provide incentives for improving telecommunications and
technology use in education.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Classroom Technology Act of 1994’’.
(b) TABLE OF CONTENTS.—The table of contents is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—LEADERSHIP IN EDUCATIONAL TECHNOLOGY
Sec. 101. Purposes.
Sec. 102. Federal leadership.
Sec. 103. Office of Educational Technology.
Sec. 104. Uses of funds.
Sec. 105. Non-Federal share.
Sec. 106. Office of Training Technology Transfer.
Sec. 107. Authorization of appropriations.
TITLE II—STATE PLANNING FOR IMPROVING STUDENT ACHIEVE-
MENT THROUGH INTEGRATION OF TECHNOLOGY INTO THE
CURRICULUM
Sec. 201. State planning for improving student achievement through integra-
tion of technology into the curriculum.
TITLE III—UNIVERSAL SERVICE FOR EDUCATION
Sec. 301. Universal service protection and advancement.
Sec. 302. Public access.
SEC. 2. DEFINITIONS.
(a) IN GENERAL.—The terms used in this Act, unless
otherwise specified, shall have the same meaning given to
such terms by section 1471 of the Elementary and Sec-
ondary Education Act of 1965.
(b) ADDITIONAL DEFINITIONS.—For the purpose of
this Act—
(1) the term ‘‘all students’’ means students
from a broad range of backgrounds and cir-
cumstances, including disadvantaged students, stu-
dents with diverse racial, ethnic, and cultural back-
grounds, students with disabilities, students with
limited-English proficiency, students who have
dropped out of school, and academically talented
students;
(2) the term ‘‘information infrastructure’’
means a network of communication systems de-
signed to exchange information among all citizens
and residents of the United States;
(3) the terms ‘‘interoperable’’ and ‘‘interoper-
ability’’ refer to the ability to easily exchange data
with, and connect to, other hardware and software
in order to provide the greatest accessibility for all
students;
(4) the term ‘‘Office’’ means the Office of Edu-
cational Technology;
(5) the term ‘‘public telecommunications entity’’
has the same meaning given to such term by section
397(12) of the Communications Act of 1934;
(6) the term ‘‘technology’’ means state-of-the-
art technology products and services, such as closed
circuit television systems, educational television and
radio programs and services, cable television, sat-
ellite, copper and fiber optic transmission, computer,
video and audio laser and CD–ROM discs, and video
and audio tapes; and
(7) the term ‘‘instructional programming’’
means the full range of audio and video data, text,
graphics, or additional state-of-the-art communica-
tions, including multimedia based resources distrib-
uted through interactive, command and control, or
passive methods for the purpose of education and in-
struction.
TITLE I—LEADERSHIP IN
EDUCATIONAL TECHNOLOGY
SEC. 101. PURPOSES.
It is the purpose of this title to promote achievement
of the National Education Goals and—
(1) to provide leadership at the Federal level,
through the Department of Education, by developing
a national vision and strategy—
(A) to infuse technology and technology
planning into all educational programs and
training functions carried out within school sys-
tems at the State and local level;
(B) to coordinate educational technology
activities among the related Federal and State
departments or agencies, industry leaders, and
interested educational and parental organiza-
tions; and
(C) to ensure that Federal technology-re-
lated policies and programs facilitate the use of
technology in education;
(2) to support State and local efforts to in-
crease the effective use of technology for education;
(3) to ensure the availability and dissemination
of knowledge (drawn from research and experience)
that can form the basis for sound State and local de-
cisions about investment in, and effective uses of,
educational technology; and
(4) to monitor, and disseminate information re-
garding, advancements in technology to encourage
the development of effective educational uses of tech-
nology.
SEC. 102. FEDERAL LEADERSHIP.
(a) ACTIVITIES AUTHORIZED.—
(1) IN GENERAL.—In order to provide Federal
leadership that promotes higher student achievement
through the use of technology in education and to
achieve the purposes of this title, the Secretary, in
consultation with the Office of Science and Tech-
nology Policy, the National Science Foundation, the
United States National Commission on Libraries
and Information Sciences, the Department of Com-
merce, the Department of Energy, the National Aer-
onautics and Space Administration, and other ap-
propriate Federal departments or agencies, may
carry out activities designed to achieve the purposes
of this title.
(2) TRANSFER OF FUNDS.—For the purpose of
carrying out coordinated or joint activities to achieve
the purposes of this title, the Secretary may accept
funds from, and transfer funds to, other Federal de-
partments or agencies.
(b) NATIONAL LONG-RANGE TECHNOLOGY PLAN.—
(1) IN GENERAL.—The Secretary shall develop
and publish within 12 months of the date of enact-
ment of this Act, and update when the Secretary de-
termines appropriate, a national long-range plan
that supports the overall national technology policy
and carries out the purposes of this title.
(2) 
PLAN
REQUIREMENTS.—The 
Secretary
shall—
(A) develop the national long-range plan in
consultation with other Federal departments or
agencies, State and local education practitioners
and policymakers, experts in technology and the
educational applications of technology, rep-
resentatives of distance learning consortia, rep-
resentatives of telecommunications partnerships
receiving assistance under the Star Schools
Program Assistance Act, and providers of tech-
nology services and products;
(B) transmit such plan to the President
and to the appropriate committees of the Con-
gress; and
(C) publish such plan in a form that is
readily accessible to the public.
(3) CONTENTS
OF
THE
PLAN.—The national
long-range plan shall describe the Secretary’s activi-
ties to promote the purposes of this title, includ-
ing—
(A) how the Secretary will encourage the
effective use of technology to provide all stu-
dents the opportunity to achieve challenging
State content standards and challenging State
student 
performance 
standards, 
especially
through programs administered by the Depart-
ment of Education;
(B) joint activities in support of the overall
national technology policy with other Federal
departments or agencies, such as the Office of
Science and Technology Policy, the National
Endowment for the Humanities, the National
Endowment for the Arts, the National Aero-
nautics and Space Administration, the National
Science Foundation, and the Departments of
Commerce, Energy, Health and Human Serv-
ices, and Labor—
(i) to promote the use of technology in
education, and training and lifelong learn-
ing, including plans for the educational
uses of a national information infrastruc-
ture; and
(ii) to ensure that the policies and
programs of such departments or agencies
facilitate the use of technology for edu-
cational purposes, to the extent feasible;
(C) how the Secretary will work with edu-
cators, State and local educational agencies,
and appropriate representatives of the private
sector to facilitate the effective use of tech-
nology in education;
(D) how the Secretary will promote—
(i) higher achievement of all students
through the integration of technology into
the curriculum;
(ii) increased access to the benefits of
technology for teaching and learning for
schools with a high concentration of chil-
dren from low-income families;
(iii) the application of technological
advances to use in education; and
(iv) increased opportunities for the
professional development of teachers in the
use of new technologies;
(E) how the Secretary will determine, in
consultation with appropriate individuals, orga-
nizations, industries, and agencies, the feasibil-
ity and desirability of establishing guidelines to
facilitate an easy exchange of data and effective
use of technology in education;
(F) how the Secretary will utilize the out-
comes of the evaluation undertaken pursuant to
section 908 of the Star Schools Program Assist-
ance Act to promote the purposes of this title;
and
(G) the Secretary’s long-range measurable
goals and objectives relating to the purposes of
this title.
(c) ASSISTANCE.—The Secretary shall provide assist-
ance to the States to enable such States to plan effectively
for the use of technology in all schools throughout the
State in accordance with the purpose and requirements
of section 201.
SEC. 103. OFFICE OF EDUCATIONAL TECHNOLOGY.
(a) AMENDMENT TO THE DEPARTMENT OF EDU-
CATION ORGANIZATION ACT.—Title II of the Department
of Education Organization Act (20 U.S.C. 3411 et seq.)
is amended by adding at the end the following new section:
‘‘OFFICE OF EDUCATIONAL TECHNOLOGY
‘‘SEC. 216. There shall be in the Department of Edu-
cation an Office of Educational Technology, to be adminis-
tered by the Director of Educational Technology. The Di-
rector of Educational Technology shall report directly to
the Secretary and shall perform such additional functions
as the Secretary may prescribe. Such Office shall be estab-
lished in accordance with section 405A of the General
Education Provisions Act.’’.
(b) AMENDMENT
TO
THE GENERAL EDUCATION
PROVISIONS ACT.—Part A of the General Education Pro-
visions Act (20 U.S.C. 1221c et seq.) is amended by in-
serting after section 405 the following new section:
‘‘SEC. 405A. OFFICE OF EDUCATIONAL TECHNOLOGY.
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish an Office of Educational Technology (hereafter in this
section referred to as the ‘Office’).
‘‘(b) FUNCTIONS OF THE OFFICE.—The Director of
the Office of Educational Technology (hereafter in this
section referred to as the ‘Director’), through the Office,
shall—
‘‘(1) in support of the overall national tech-
nology policy and in consultation with other Federal
departments or agencies which the Director deter-
mines appropriate, provide leadership to the Nation
in the use of technology to promote achievement of
the National Education Goals and to increase oppor-
tunities for all students to achieve challenging State
content and challenging State student performance
standards;
‘‘(2) review all programs and training functions
administered by the Department and recommend
policies in order to promote increased use of tech-
nology and technology planning throughout all such
programs and functions;
‘‘(3) review all relevant programs supported by
the Department to ensure that such programs are
coordinated with and support the national long-
range technology plan developed pursuant to this
Act; and
‘‘(4) perform such additional functions as the
Secretary may require.
‘‘(c) PERSONNEL.—The Director is authorized to se-
lect, appoint, and employ such officers and employees as
may be necessary to carry out the functions of the Office,
subject to the provisions of title 5, United States Code
(governing appointments in the competitive service), and
the provisions of chapter 51 and subchapter III of chapter
53 of such title (relating to classification and General
Schedule pay rates.
‘‘(d) EXPERTS AND CONSULTANTS.—The Secretary
may obtain the services of experts and consultants in ac-
cordance with section 3109 of title 5, United States
Code.’’.
(c) COMPENSATION
OF
THE DIRECTOR.—Section
5315 of title 5, United States Code, is amended by adding
at the end the following:
‘‘Director of the Office of Educational Tech-
nology.’’.
SEC. 104. USES OF FUNDS.
(a) IN GENERAL.—The Secretary shall use funds ap-
propriated pursuant to the authority of section 107 for
activities designed to carry out the purpose of this title,
including—
(1) providing assistance to technical assistance
providers to enable such providers to improve sub-
stantially the services such providers offer to edu-
cators regarding the educational uses of technology,
including professional development;
(2) consulting with representatives of industry,
elementary and secondary education, higher edu-
cation, and appropriate experts in technology and
the educational applications of technology, in carry-
ing out the activities assisted under this title;
(3) research on, and the development of, guide-
lines to facilitate maximum interoperability, effi-
ciency and easy exchange of data for effective use of
technology in education;
(4) research on, and the development of, edu-
cational applications of the most advanced and newly
emerging technologies;
(5) the development, demonstration, and eval-
uation of applications of existing technology in pre-
school education, elementary and secondary edu-
cation, training and lifelong learning, and profes-
sional development of educational personnel;
(6) the development and evaluation of software
and other products, including multimedia television
programming, that incorporate advances in tech-
nology and help achieve the National Education
Goals, challenging State content standards and chal-
lenging State student performance standards;
(7) the development, demonstration, and eval-
uation of model strategies for preparing teachers
and other personnel to use technology effectively to
improve teaching and learning;
funding of applications of technology for education,
as appropriate; and
(13) such other activities as the Secretary de-
termines will meet the purposes of this title.
(b) SPECIAL RULES.—
(1) IN
GENERAL.—The Secretary shall carry
out the activities described in subsection (a) directly
or by grant or contract.
(2) GRANTS AND CONTRACTS.—Each grant or
contract under this title shall be awarded—
(A) on a competitive basis; and
(B) pursuant to a peer review process.
SEC. 105. NON-FEDERAL SHARE.
(a) IN GENERAL.—Subject to subsections (b) and (c),
the Secretary may require any recipient of a grant or con-
tract under this title to share in the cost (not to exceed
50 percent of such cost) of the activities assisted under
such grant or contract, which non-Federal share shall be
announced through a notice in the Federal Register and
may be in the form of cash or in-kind contributions, fairly
valued.
(b) INCREASE.—The Secretary may increase the non-
Federal share that is required of a recipient of a grant
or contract under this title after the first year such recipi-
ent receives funds under such grant or contract.
(c) MAXIMUM.—The non-Federal share required
under this section shall not exceed 50 percent of the cost
of the activities assisted pursuant to a grant or contract
under this title.
SEC. 106. OFFICE OF TRAINING TECHNOLOGY TRANSFER.
(a) TRANSFER.—
(1) IN
GENERAL.—The Office of Training
Technology Transfer as established under section
6103 of the Training Technology Transfer Act of
1988 (20 U.S.C. 5093) is transferred to the Office
of Educational Technology.
(2) TECHNICAL AMENDMENT.—The first sen-
tence of section 6103(a) of the Training Technology
Transfer Act of 1988 (20 U.S.C. 5093(a)) is amend-
ed by striking ‘‘Office of Educational Research and
Improvement’’ and inserting ‘‘Office of Educational
Technology’’.
(b) AUTHORIZATION
OF
APPROPRIATIONS.—The
Training Technology Transfer Act of 1988 (20 U.S.C.
5091 et seq.) is amended by adding at the end the follow-
ing new section:
‘‘SEC. 6108. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated $3,000,000
for fiscal year 1995, and such sums as may be necessary
for each of the fiscal years 1996 through 1999, to carry
out this chapter.’’.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $5,000,000
for the fiscal year 1994, and such sums as may be nec-
essary for each of the fiscal years 1995 through 1998, to
carry out this title.
TITLE II—STATE PLANNING FOR
IMPROVING 
STUDENT
ACHIEVEMENT THROUGH IN-
TEGRATION OF TECHNOLOGY
INTO THE CURRICULUM
SEC. 201. STATE PLANNING FOR IMPROVING STUDENT
ACHIEVEMENT THROUGH INTEGRATION OF
TECHNOLOGY INTO THE CURRICULUM.
(a) PURPOSE.—It is the purpose of this section to
assist each State to plan effectively for improved student
learning in all schools through the use of technology as
an integral part of the State improvement plan described
in section 306 of the Goals 2000: Educate America Act.
(b) PROGRAM AUTHORIZED.—
(1) AUTHORITY.—The Secretary shall award
grants in accordance with allocations under para-
graph (2) to each State educational agency that, as
part of its application under section 305 of the
Goals 2000: Educate America Act, requests a grant
to develop (or continue the development of), and
submits as part of the State improvement plan de-
scribed in section 306 of such Act, a systemic state-
wide plan to increase the use of state-of-the-art tech-
nologies that enhance elementary and secondary stu-
dent learning and professional development in sup-
port of the National Education Goals and challeng-
ing standards.
(2) FORMULA.—From the amount appropriated
pursuant to the authority of subsection (f) in each
fiscal year, each State educational agency with an
application approved under section 305 of the Goals
2000: Educate America Act shall receive a grant
under paragraph (1) in such year in an amount de-
termined on the same basis as allotments are made
to State educational agencies under subsections (b)
and (c) of section 304 of such Act for such year, ex-
cept that each such State shall receive at least 11⁄2
percent of the amount appropriated pursuant to
such authority or $75,000, whichever is greater.
(3) DURATION.—A State educational agency
may receive assistance under this section for not
more than 2 fiscal years.
(c) PLAN
OBJECTIVES.—Each State educational
agency shall use funds received under this section to de-
velop and, if the Secretary has approved the systemic
statewide plan, to implement such plan. Such plan shall
have as its objectives—
(1) the promotion of higher student achieve-
ment through the use of technology in education;
(2) the participation of all schools and school
districts in the State, especially those schools and
districts with a high percentage of disadvantaged
students;
(3) the development and implementation of a
cost-effective, high-speed, statewide, interoperable,
wide-area-communication 
educational 
technology
support system for elementary and secondary schools
within the State, particularly for such schools in
rural areas; and
(4) the promotion of shared usage of equip-
ment, facilities, and other technology resources by
adult learners during after-school hours.
(d) PLAN REQUIREMENTS.—At a minimum, each
systemic statewide plan shall—
(1) be developed by a task force that—
(A) includes among its members experts in
the educational use of technology and rep-
resentatives of the State panel described in sec-
tion 306(b) of the Goals 2000: Educate Amer-
ica Act; and
(B) ensures that such plan is integrated
into the State improvement plan described in
section 306 of the Goals 2000: Educate Amer-
ica Act;
(2) be developed in collaboration with the Gov-
ernor, representatives of the State legislature, the
State board of education, institutions of higher edu-
cation, appropriate State agencies, local educational
agencies, public and private telecommunication enti-
ties, parents, public and school libraries, students,
adult literacy providers, and leaders in the field of
technology, through a process of statewide grass-
roots outreach to local educational agencies and
schools in the State;
(3) identify and describe the requirements for
introducing state-of-the-art technologies into the
classroom and school library in order to enhance
educational curricula, including the installation and
ongoing maintenance of basic connections, hardware
and the necessary support materials;
(4) describe how the application of advanced
technologies in the schools will enhance student
learning, provide greater access to individualized in-
struction, promote the strategies described in section
306(d) of the Goals 2000: Educate America Act,
and help make progress toward the achievement of
the National Education Goals;
(5) describe how the ongoing training of edu-
cational personnel will be provided;
(6) describe the resources necessary, and proce-
dures, for providing ongoing technical assistance to
carry out such plan;
(7) provide for the dissemination on a statewide
basis of exemplary programs and practices relating
to the use of technology in education;
(8) establish a funding estimate (including a
statement of likely funding sources) and a schedule
for the development and implementation of such
plan;
(9) describe how the State educational agency
will assess the impact of implementing such plan on
student achievement and aggregate achievement for
schools;
(10) describe how the State educational agency
and local educational agencies in the State will co-
ordinate and cooperate with business and industry,
and with public and private telecommunications enti-
ties; and
(11) describe the process through which such
plan will be reviewed and updated periodically.
(e) REPORTS.—Each State educational agency receiv-
ing a grant under this section shall submit a report to
the Secretary within 1 year of the date such agency sub-
mits to the Secretary its systemic statewide plan under
this section. Such report shall—
(1) describe the State’s progress toward imple-
mentation of the provisions of such plan;
(2) describe any revisions to the State’s long-
range plans for technology;
(3) describe the extent to which resources pro-
vided pursuant to such plan are distributed among
schools to promote the strategies described in section
306(d) of the Goals 2000: Educate America Act;
and
(4) include any other information the Secretary
deems appropriate.
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $5,000,000 for fiscal
year 1994, and such sums as may be necessary for fiscal
year 1995, to carry out this section.
TITLE 
III—NATIONAL 
TELE-
COMMUNICATIONS 
AND 
IN-
FORMATION 
INFRASTRUC-
TURE DEVELOPMENT.
SEC. 301. NATIONAL TELECOMMUNICATIONS AND INFOR-
MATION INFRASTRUCTURE DEVELOPMENT.
The National Telecommunications and Information
Administration Organization Act is amended—
(1) by redesignating part C as part D; and
(2) by inserting after part B the following new
parts:
‘‘PART C—TELECOMMUNICATIONS AND
INFORMATION INFRASTRUCTURE PROGRAM
‘‘SEC. 131. PURPOSE.
‘‘It is the purpose of this part to facilitate the devel-
opment of the national telecommunications and informa-
tion infrastructure by authorizing the Secretary to estab-
lish and maintain, by the most efficient and economical
means, a Telecommunications and Information Infrastruc-
ture Development Program that will promote the wide-
spread availability of advanced telecommunications tech-
nologies to—
‘‘(1) enhance the delivery to the public of di-
verse social services, including education and health
care; and
‘‘(2) support, through the interconnection and
improvement of existing facilities and the deploy-
ment of new facilities, the formation of a nationwide,
multimedia, high-speed, interactive infrastructure of
varied information technologies.
‘‘SEC. 132. GRANT AUTHORITY.
‘‘(a) GRANT PURPOSES AND CRITERIA.—In accord-
ance with the requirements of this part, the Secretary is
authorized to award grants to eligible applicants (as de-
scribed in subsection (b)(1)) to assist the development of
a national telecommunications and information infrastruc-
ture. The Secretary shall not award a grant under this
part unless the Secretary determines that the project will
promote one or more of the following objectives:
‘‘(1) 
expand 
or 
otherwise 
augment 
tele-
communications networks or information technology
systems for educational institutions, research facili-
ties, libraries, museums, State and local govern-
ments, and other social service and public informa-
tion providers;
‘‘(2) enhance the ability, through interconnec-
tion, of educational institutions, research facilities,
libraries, museums, State and local governments,
and other social service and public information pro-
viders to have access to existing and new sources of
information;
‘‘(3) the development and utilization of stand-
ards for interoperability and interconnection of the
various facilities, systems, and networks which would
comprise a demonstration or pilot project;
‘‘(4) universal availability and utilization of an
advanced telecommunications and information infra-
structure, especially for traditionally underserved
populations; and
‘‘(5) demonstrate and improve the efficiency
and effectiveness of the delivery of social services,
such as education and health care, to the American
people.
‘‘(b) APPLICATIONS FOR GRANTS.—Any eligible ap-
plicant desiring to obtain a grant under this part shall
submit to the Secretary an application containing such in-
formation with respect to such project as the Secretary
may require. Each applicant shall also provide assurances
satisfactory to the Secretary that—
‘‘(1) the applicant is—
‘‘(A) a consortium comprised of (i) a local
educational agency or agencies, and (ii) one or
more public libraries or institutions of higher
education, or both;
‘‘(B) a nonprofit foundation, corporation,
institution, or association;
‘‘(C) a State or local government (or any
agency thereof), or a political or special purpose
subdivision of a State or local government; or
‘‘(D) any enterprise owned and operated
by a State or local government entity;
‘‘(2) the applicant has the technical, adminis-
trative, and financial capability to obtain, operate,
and maintain the facilities, systems, or networks
that are the subject of the application;
‘‘(3) the applicant has chosen an efficient and
economical means to achieve its communications or
information needs, and has not failed to utilize com-
mercially available network services to meet such
needs to the extent such commercial services meet
the needs of the applicant in the most efficient and
economical manner;
‘‘(4) the applicant has participated in com-
prehensive planning for such facilities, systems, or
networks and such planning has included an evalua-
tion of alternative technologies and coordination with
appropriate State agencies, as needed;
‘‘(5) the amount of the grant will not exceed 50
percent of the amount determined by the Secretary
to be the reasonable and necessary cost of such
project, unless the Secretary determines that ex-
traordinary circumstances warrant permitting a
grant in an amount that will not exceed 75 percent
of such cost; and
‘‘(6) the applicant will use any facility, system,
or network obtained with funds provided under this
section primarily to achieve the objectives identified
in the application and will comply with regulations
prescribed by the Secretary with respect to resale of
any capacity of such facility, system, or network.
‘‘(c) ALLOCATION OF FUNDS.—Not less than 50 per-
cent of the amount appropriated for grants under this part
for any fiscal year shall be made available in grants to
consortia described in subsection (b)(1)(B).
‘‘(d) REGULATIONS; PRIORITIES.—The Secretary
shall establish such regulations as may be necessary to
carry out this part, including regulations relating to the
order of priority to be used in approving applications and
relating to determining the amount of each grant for such
projects. As part of such regulations, the Secretary shall
provide a preference in the award of assistance for projects
that increase utilization and efficiency of existing tele-
communications and information facilities. The Secretary
shall seek the views of the Secretary of Education, the
Secretary of Health and Human Services, and the Direc-
tor of the National Science Foundation in developing the
regulations authorized under this part. Such regulations
shall include such regulations for purposes of subsection
(b)(6) as the Secretary determines to be necessary to pre-
vent an applicant from using commercial resale of excess
capacity to compete unfairly with providers of tele-
communications services.
‘‘(e) SPECIAL CONSIDERATION.—In establishing cri-
teria for grants pursuant to this part, and in establishing
procedures relating to the order of priority established
under subsection (c) in approving applications for grants,
the Secretary shall give special consideration to applica-
tions that (1) will increase participation by minorities, in-
dividuals with disabilities, women, and other underserved
populations in the ownership of, operation of, and access
to, telecommunications and information infrastructure;
and (2) will avoid unnecessary duplication of existing fa-
cilities and services. The Secretary shall take affirmative
steps to inform minorities, individuals with disabilities,
women, and other underserved populations of the avail-
ability of funds under this part, and to provide such other
assistance and information as may be appropriate.
‘‘SEC. 133. TRAINING AND PLANNING.
‘‘(a) TRAINING EXPENSES.—The Secretary is au-
thorized to provide funds for necessary and reasonable ex-
penses for training in the operation of the facilities, sys-
tems, or networks developed pursuant to this part, except
that such expenditures shall be authorized only for a pe-
riod not to exceed one year after termination of the grant
for the telecommunications or information facility, system,
or network funded under this part.
‘‘(b) PLANNING AND STUDIES.—The Secretary is au-
thorized to provide up to 100 percent of the cost of plan-
ning projects or studies that will promote the development
or enhancement of the national telecommunications and
information infrastructure. Any plans or studies con-
ducted by or for any grant recipient under this section
shall be provided to the Secretary. An applicant for a plan-
ning grant shall provide such information with respect to
such project as the Secretary may require and shall pro-
vide assurances satisfactory to the Secretary that the ap-
plicant meets the requirements of section 132(b)(1).
‘‘SEC. 134. ADMINISTRATIVE PROVISIONS.
‘‘(a) RECOVERY OF FUNDS.—If, within five years
after completion of any project with respect to which a
grant has been made under this part—
‘‘(1) the applicant or other owner of the facility,
system, or network ceases to be an agency, institu-
tion, foundation, corporation, association, or other
entity described in section 132(b)(1); or
‘‘(2) such facility, system, or network ceases to
be used primarily for the intended purposes of the
grant project;
the United States shall be entitled to recover from the ap-
plicant or other owner of such facility, system, or network
an amount bearing the same ratio to the value of such
facility, system, or network at the time the applicant
ceases to be such an entity or at the time of such deter-
mination (as determined by agreement of the parties or
by action brought in the United States district court for
the district in which such facility, system, or network is
situated), as the amount of the Federal grants bore to the
cost of construction of such facility, system, or network.
‘‘(b) RECORDKEEPING REQUIREMENTS.—Each recip-
ient of assistance under this part shall keep such records
as may be reasonably necessary to enable the Secretary
to carry out the functions of the Secretary under this part,
including—
‘‘(1) a complete and itemized inventory of all
telecommunications and information facilities, sys-
tems, or networks under the control of such recipi-
ent procured with funds authorized under this part;
‘‘(2) records which fully disclose the amount
and the disposition by such recipient of the proceeds
of such assistance, the total cost of the project in
connection with which such assistance is given or
used, the amount and nature of that portion of the
cost of the project supplied by other sources; and
‘‘(3) such other records as will facilitate an ef-
fective audit.
‘‘(c) ACCESSIBILITY OF RECORDS.—The Secretary
and the Comptroller General of the United States, or any
of their duly authorized representatives, shall have access
for the purpose of audit and examination to any books,
documents, papers, and records of any recipient of assist-
ance under this part that relate to assistance received
under this part.
‘‘(d) DUTY TO MONITOR.—The Secretary shall mon-
itor and evaluate projects in order to determine that such
projects fulfill the objectives of this part. The Secretary
shall evaluate the activities of the assistance program
under this part to assure that it is fulfilling its goals and
objectives. The Secretary shall develop criteria for evalua-
tions pursuant to section 132(c). Not later than January
1, 1998, the Secretary shall submit to the Congress a sum-
mary of the results of the monitoring and evaluation con-
ducted under this subsection.
‘‘(e) CLEARINGHOUSES.—In carrying out the require-
ments of subsection (d), and in collecting studies pursuant
to section 133(b), the Secretary shall provide for the col-
lection and dissemination of information concerning dis-
tance learning. The Secretary shall maintain information
on distance learning providers; receive, review, and analyze
reports of different distance learning activities; and pub-
lish periodically a compilation of the reports submitted
and such analysis. Such information shall be made avail-
able to the public through a 1–800 telephone number.
‘‘SEC. 135. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part $100,000,000 for fiscal year 1995 and
$150,000,000 for fiscal year 1996. Sums appropriated
under this section for any fiscal year are authorized to
remain available until expended. Sums appropriated under
this section may be used by the Secretary to cover the
direct and indirect costs of administering the provisions
of this part, for evaluating the effectiveness of the pro-
gram and projects funded pursuant to this part, and for
other related activities. Up to 5 percent of the funds ap-
propriated pursuant to this section may be used by the
Secretary for research to support the grant making activi-
ties under this part.’’.
TITLE III—UNIVERSAL SERVICE
FOR EDUCATION
SEC. 301. UNIVERSAL SERVICE PROTECTION AND AD-
VANCEMENT.
(a) IN GENERAL.—Title II of the Communications
Act of 1934 (47 U.S.C. 201 et seq.) is amended by adding
immediately after section 201 the following new section:
‘‘SEC. 201A. UNIVERSAL SERVICE PROTECTION AND AD-
VANCEMENT.
‘‘(a) DUTY TO CONTRIBUTE.—It shall be the duty
of every common carrier engaged in intrastate, interstate,
or foreign communication by wire or radio to contribute
to the preservation and advancement of universal service.
Such contributions can include monetary payment, certain
service obligations, in-kind payment, or other forms of
contribution as determined by the Commission and any
State as set forth in subsections (b) and (c).
‘‘(b) RESPONSIBILITIES OF THE COMMISSION.—(1)
Within one year after the date of enactment of this sec-
tion, the Commission, after receiving comment from the
States, shall set forth minimum guidelines for the defini-
tion of universal service. Such guidelines shall ensure
that—
‘‘(A) universal service includes no less than
voice grade telephone exchange services at a charge
that includes no more than a reasonable share of the
joint and common costs of facilities used to provide
such services; and
‘‘(B) any other service that utilizes such facili-
ties shall bear a reasonable share of such costs.
The Commission shall periodically revise such guidelines.
‘‘(2) Within two years after the date of enactment
of this section, the Commission shall prescribe and imple-
ment regulations to provide that a charge be collected, or
other action be taken, to ensure that providers of inter-
state telecommunications make a contribution to the pro-
tection and advancement of universal service on a competi-
tively neutral basis. (Any funds contributed under this sec-
tion shall be distributed to each State.)
‘‘(3)(A) There is hereby established a fund to be
known as the Educational Telecommunications and Tech-
nology Fund (in this section referred to as the ‘Fund’).
The purpose of the Fund is to provide funding for activi-
ties that ensure that elementary and secondary schools in
the United States have complete access to existing and
innovative telecommunications and information tech-
nologies and services.
‘‘(B)(i) Not later than 180 days after the date of the
enactment of this section, the Commission shall prescribe
regulations that, notwithstanding the second sentence of