H.R. 5013 (103rd): Classroom Technology Act of 1994

103rd Congress, 1993–1994. Text as of Aug 21, 1994 (Introduced).

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HR 5013 IH

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 Representatives 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 ACHIEVEMENT THROUGH INTEGRATION OF TECHNOLOGY INTO THE CURRICULUM

      Sec. 201. State planning for improving student achievement through integration of technology into the curriculum.

TITLE III--UNIVERSAL SERVICE FOR EDUCATION

      Sec. 301. Universal service protection and advancement.

      Sec. 302. Public access.

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 Secondary 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 circumstances, including disadvantaged students, students with diverse racial, ethnic, and cultural backgrounds, 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 designed to exchange information among all citizens and residents of the United States;

      (3) the terms ‘interoperable’ and ‘interoperability’ 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 Educational 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, satellite, 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 communications, including multimedia based resources distributed through interactive, command and control, or passive methods for the purpose of education and instruction.

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 systems 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 organizations; and

        (C) to ensure that Federal technology-related policies and programs facilitate the use of technology in education;

      (2) to support State and local efforts to increase 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 decisions about investment in, and effective uses of, educational technology; and

      (4) to monitor, and disseminate information regarding, advancements in technology to encourage the development of effective educational uses of technology.

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 Technology Policy, the National Science Foundation, the United States National Commission on Libraries and Information Sciences, the Department of Commerce, the Department of Energy, the National Aeronautics and Space Administration, and other appropriate 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 departments or agencies.

    (b) NATIONAL LONG-RANGE TECHNOLOGY PLAN-

      (1) IN GENERAL- The Secretary shall develop and publish within 12 months of the date of enactment of this Act, and update when the Secretary determines 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, representatives of distance learning consortia, representatives of telecommunications partnerships receiving assistance under the Star Schools Program Assistance Act, and providers of technology services and products;

        (B) transmit such plan to the President and to the appropriate committees of the Congress; 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 activities to promote the purposes of this title, including--

        (A) how the Secretary will encourage the effective use of technology to provide all students the opportunity to achieve challenging State content standards and challenging State student performance standards, especially through programs administered by the Department 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 Aeronautics and Space Administration, the National Science Foundation, and the Departments of Commerce, Energy, Health and Human Services, and Labor--

          (i) to promote the use of technology in education, and training and lifelong learning, including plans for the educational uses of a national information infrastructure; and

          (ii) to ensure that the policies and programs of such departments or agencies facilitate the use of technology for educational purposes, to the extent feasible;

        (C) how the Secretary will work with educators, State and local educational agencies, and appropriate representatives of the private sector to facilitate the effective use of technology 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 children 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, organizations, industries, and agencies, the feasibility 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 outcomes of the evaluation undertaken pursuant to section 908 of the Star Schools Program Assistance 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 assistance 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 EDUCATION 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 Education an Office of Educational Technology, to be administered by the Director of Educational Technology. The Director of Educational Technology shall report directly to the Secretary and shall perform such additional functions as the Secretary may prescribe. Such Office shall be established 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 Provisions Act (20 U.S.C. 1221c et seq.) is amended by inserting after section 405 the following new section:

‘SEC. 405A. OFFICE OF EDUCATIONAL TECHNOLOGY.

    ‘(a) ESTABLISHMENT- The Secretary shall establish 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 technology policy and in consultation with other Federal departments or agencies which the Director determines appropriate, provide leadership to the Nation in the use of technology to promote achievement of the National Education Goals and to increase opportunities 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 technology 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 select, 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 accordance 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 Technology.’.

SEC. 104. USES OF FUNDS.

    (a) IN GENERAL- The Secretary shall use funds appropriated 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 substantially the services such providers offer to educators regarding the educational uses of technology, including professional development;

      (2) consulting with representatives of industry, elementary and secondary education, higher education, and appropriate experts in technology and the educational applications of technology, in carrying out the activities assisted under this title;

      (3) research on, and the development of, guidelines to facilitate maximum interoperability, efficiency and easy exchange of data for effective use of technology in education;

      (4) research on, and the development of, educational applications of the most advanced and newly emerging technologies;

      (5) the development, demonstration, and evaluation of applications of existing technology in preschool education, elementary and secondary education, training and lifelong learning, and professional development of educational personnel;

      (6) the development and evaluation of software and other products, including multimedia television programming, that incorporate advances in technology and help achieve the National Education Goals, challenging State content standards and challenging State student performance standards;

      (7) the development, demonstration, and evaluation of model strategies for preparing teachers and other personnel to use technology effectively to improve teaching and learning;

      (8) the development of model programs that demonstrate the educational effectiveness of technology in urban and rural areas and economically distressed communities;

      (9) research on, and the evaluation of, the effectiveness and benefits of technology in education giving priority to research on, and evaluation of, such effectiveness and benefits in elementary and secondary schools;

      (10) a biannual assessment of, and report to the public regarding, the uses of technology in elementary and secondary education throughout the United States upon which private businesses and Federal, State and local governments may rely for decisionmaking about the need for, and provision of, appropriate technologies in schools, which assessment and report shall use, to the extent possible, existing information and resources;

      (11) conferences on, and dissemination of information regarding, the uses of technology in education;

      (12) encouraging collaboration between the Department of Education and other Federal agencies in the development, implementation, evaluation and funding of applications of technology for education, as appropriate; and

      (13) such other activities as the Secretary determines 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 contract 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 recipient 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 sentence of section 6103(a) of the Training Technology Transfer Act of 1988 (20 U.S.C. 5093(a)) is amended 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 following 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 necessary for each of the fiscal years 1995 through 1998, to carry out this title.

TITLE II--STATE PLANNING FOR IMPROVING STUDENT ACHIEVEMENT THROUGH INTEGRATION OF TECHNOLOGY INTO THE CURRICULUM

SEC. 201. STATE PLANNING FOR IMPROVING STUDENT ACHIEVEMENT THROUGH INTEGRATION OF TECHNOLOGY INTO THE CURRICULUM.

    (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 paragraph (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 described in section 306 of such Act, a systemic statewide plan to increase the use of state-of-the-art technologies that enhance elementary and secondary student learning and professional development in support of the National Education Goals and challenging 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 determined 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, except that each such State shall receive at least 1 1/2 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 develop 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 achievement 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 equipment, 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 representatives of the State panel described in section 306(b) of the Goals 2000: Educate America Act; and

        (B) ensures that such plan is integrated into the State improvement plan described in section 306 of the Goals 2000: Educate America Act;

      (2) be developed in collaboration with the Governor, representatives of the State legislature, the State board of education, institutions of higher education, appropriate State agencies, local educational agencies, public and private telecommunication entities, parents, public and school libraries, students, adult literacy providers, and leaders in the field of technology, through a process of statewide grassroots 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 instruction, 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 educational personnel will be provided;

      (6) describe the resources necessary, and procedures, 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 coordinate and cooperate with business and industry, and with public and private telecommunications entities; and

      (11) describe the process through which such plan will be reviewed and updated periodically.

    (e) REPORTS- Each State educational agency receiving a grant under this section shall submit a report to the Secretary within 1 year of the date such agency submits to the Secretary its systemic statewide plan under this section. Such report shall--

      (1) describe the State’s progress toward implementation 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 provided 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 TELECOMMUNICATIONS AND INFORMATION INFRASTRUCTURE DEVELOPMENT.

SEC. 301. NATIONAL TELECOMMUNICATIONS AND INFORMATION 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 development of the national telecommunications and information infrastructure by authorizing the Secretary to establish and maintain, by the most efficient and economical means, a Telecommunications and Information Infrastructure Development Program that will promote the widespread availability of advanced telecommunications technologies to--

      ‘(1) enhance the delivery to the public of diverse social services, including education and health care; and

      ‘(2) support, through the interconnection and improvement of existing facilities and the deployment 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 accordance with the requirements of this part, the Secretary is authorized to award grants to eligible applicants (as described in subsection (b)(1)) to assist the development of a national telecommunications and information infrastructure. 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 telecommunications networks or information technology systems for 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 educational institutions, research facilities, libraries, museums, State and local governments, and other social service and public information providers to have access to existing and new sources of information;

      ‘(3) the development and utilization of standards 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 infrastructure, 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 applicant desiring to obtain a grant under this part shall submit to the Secretary an application 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--

        ‘(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, administrative, 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 commercially 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 comprehensive planning for such facilities, systems, or networks and such planning has included an evaluation 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 extraordinary 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 percent 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 telecommunications and information facilities. 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 part. Such regulations shall include such regulations for purposes of subsection (b)(6) as the Secretary determines to be necessary to prevent an applicant from using commercial resale of excess capacity to compete unfairly with providers of telecommunications services.

    ‘(e) SPECIAL CONSIDERATION- In establishing criteria 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 applications that (1) will 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; and (2) will avoid unnecessary duplication of existing facilities and services. The Secretary shall take affirmative steps to inform minorities, individuals with disabilities, women, and other underserved populations of the availability 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 authorized to provide funds for necessary and reasonable expenses for training in the operation of the facilities, systems, or networks developed pursuant to this part, except that such expenditures shall be authorized only for a period 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 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 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, institution, 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 applicant 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 determination (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 recipient 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, systems, or networks under the control of such recipient 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 effective 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 assistance under this part that relate to assistance received under this part.

    ‘(d) DUTY TO MONITOR- The Secretary shall monitor 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 evaluations pursuant to section 132(c). Not later than January 1, 1998, the Secretary shall submit to the Congress a summary of the results of the monitoring and evaluation conducted under this subsection.

    ‘(e) CLEARINGHOUSES- In carrying out the requirements of subsection (d), and in collecting studies pursuant to section 133(b), the Secretary shall provide for the collection and dissemination of information concerning distance learning. The Secretary shall maintain information on distance learning providers; receive, review, and analyze reports of different distance learning activities; and publish periodically a compilation of the reports submitted and such analysis. Such information shall be made available 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 program and projects funded pursuant to this part, and for other related activities. Up to 5 percent of the funds appropriated pursuant to this section may be used by the Secretary for research to support the grant making activities under this part.’.

TITLE III--UNIVERSAL SERVICE FOR EDUCATION

SEC. 301. UNIVERSAL SERVICE PROTECTION AND ADVANCEMENT.

    (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 ADVANCEMENT.

    ‘(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 section, the Commission, after receiving comment from the States, shall set forth minimum guidelines for the definition 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 facilities 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 implement regulations to provide that a charge be collected, or other action be taken, to ensure that providers of interstate telecommunications make a contribution to the protection and advancement of universal service on a competitively neutral basis. (Any funds contributed under this section shall be distributed to each State.)

    ‘(3)(A) There is hereby established a fund to be known as the Educational Telecommunications and Technology Fund (in this section referred to as the ‘Fund’). The purpose of the Fund is to provide funding for activities that ensure that elementary and secondary schools in the United States have complete access to existing and innovative telecommunications and information technologies 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 paragraph (2), provide for the deposit into the Fund of such portion of the monetary contributions required under that paragraph as the Commission shall prescribe.

    ‘(ii) The regulations under this subparagraph shall also establish guidelines governing the deposit into the Fund of all or a portion of the following:

      ‘(I) Payments to the Commission as a result of the determination by the Commission of overcharges on the part of an entity.

      ‘(II) Payments of penalties assessed by the Commission.

    ‘(iii) The Commission may prescribe in regulations under this subparagraph for the deposit into the Fund of funds from such other sources and in such amounts as the Commission determines appropriate.

    ‘(4) Not later than 2 years after the date of the enactment of this section, the Secretary of Education, the Secretary of Commerce, and the Commission shall jointly prescribe regulations relating to the disbursement of sums in the Fund. Such regulations shall include the following provisions:

      ‘(A) Provisions governing the utilization of sums in the Fund, including the projects for which sums in the Fund shall be available.

      ‘(B) Provisions for determining the State and local entities eligible for awards of sums from the Funds.

      ‘(C) Provisions establishing a fair and expeditious process for the application for and selection of the entities to be awarded sums from the Fund.

      ‘(D) Provisions governing the evaluation of the activities of entities that are awarded sums from the Fund.

      ‘(E) Provisions ensuring that entities awarded sums in the Fund utilize such sums for the purposes for which such sums were awarded.

    ‘(c) PRIMARY RESPONSIBILITY- (1) The Commission shall delegate to each State the primary responsibility for defining universal service and ensuring that universal service goals are met. Each State may impose a nondiscriminatory charge on intrastate telecommunications, or take other action, as the State finds necessary to protect and advance universal service.

    ‘(2) In considering methods of protecting and advancing universal service, the State may consider assisting directly telecommunications carriers, assisting directly individuals and entities who cannot afford the cost of certain telecommunications services, assisting directly individuals or entities in purchasing or leasing equipment or programming, allowing carriers to compete for the right to obtain funding in exchange for providing certain services, and other options. To the extent that a State establishes a fund to support universal service, all providers of telecommunications services shall be eligible to receive payment from such fund.

    ‘(3) If a State has not implemented procedures to carry out the objectives of paragraphs (1) and (2) within two years after the date of enactment of this section, or at any time thereafter fails to meet the objectives of such paragraphs, the Commission shall assume the primary responsibility to ensure that those objectives are met.’.

    (b) CONFORMING AMENDMENT- Section 332(c)(1)(A) of the Communications Act of 1934 (47 U.S.C. 332(c)(1)(A)) is amended by inserting ‘201A,’ immediately after ‘section 201,’.

SEC. 302. PUBLIC ACCESS.

    (a) AMENDMENT- Section 202 of the Communications Act of 1934 (47 U.S.C. 202) is amended by adding at the end the following new subsection:

    ‘(d)(1) Notwithstanding subsections (a) through (c), it shall be the duty of all telecommunications carriers that use public rights of way to permit educational institutions, health-care institutions, local and State governments, public broadcast stations, public libraries, other public entities, community newspapers, and broadcasters in the smallest markets to obtain access to intrastate and interstate services provided by such carriers at preferential rates. Entities that obtain services under this provision may not resell such services, except to other entities that are eligible for preferential rates under this subsection.

    ‘(2) Within one year after the date of enactment of this subsection, the Commission shall prescribe regulations to enforce the provisions of this subsection.’.

    (b) RULEMAKING ON ADVANCED TELECOMMUNICATIONS SERVICES- The Commission shall commence a rulemaking proceeding for the purpose of prescribing regulations that--

      (1) enhance, to the extent feasible, the availability of advanced telecommunications services to all public elementary and secondary school classrooms, health care institutions, and libraries; and

      (2) ensure that appropriate functional requirements or performance standards, or both, including interoperability standards, are established for telecommunications arrangements that interconnect educational institutions, health care institutions, and libraries with the public switched network.

    (c) TELECOMMUNICATIONS SERVICES FOR EDUCATIONAL INSTITUTIONS- (1) Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Commerce for Communications and Information shall, in consultation with the Federal Communications Commission, the Secretary of Education and Secretary of Commerce--

      (A) issue a notice of inquiry into the feasibility of establishing an educational telecommunications and technology corporation in order to provide credit and grant funds to support the national goal of ensuring that elementary and secondary schools have complete access to existing and innovative telecommunications and information technologies and services;

      (B) review alternatives for an appropriate organizational form for such a corporation; and

      (C) recommend to the Federal Communications Commission, the Secretary of Education and Secretary of Commerce an organizational form for such a corporation.

    (2) The Assistant Secretary shall complete proceedings on the notice of inquiry and publish the recommendations referred to in paragraph (1)(C) not later than 1 year after the date of enactment of this Act.