(B) BOARD OF DIRECTORS.-The Corporation is governed by a Board of Directors, as prescribed in the Corporation's articles of incorporation, consisting of 15 members, of which (i) five members are representative of public agencies representative of schools and public libraries; (ii) five members are representative of State government, including persons knowledgeable about State finance, technology and education; and (iii) five members are representative of the private sector, with expertise in network technology, finance and management. (C) CORPORATE PURPOSES.-The purposes of the Corporation, as set forth in its articles of incorporation, are (i) to leverage resources and stimulate private investment in education technology infrastructure; (ii) to designate State education technology agencies to receive loans, grants or other forms of assistance from the Corporation; to (iii) to establish criteria for encouraging States (I) create, maintain, utilize and upgrade interactive high capacity networks capable of providing audio, visual and data communications for elementary schools, secondary schools and public libraries; (II) distribute resources to assure equitable aid to all elementary schools and secondary schools in the State and achieve universal access to network technology; and (III) upgrade the delivery and development of learning through innovative technology-based instructional tools and applications; (iv) to provide loans, grants and other forms of assistance to State education technology agencies, with due regard for providing a fair balance among types of school districts and public libraries assisted and the disparate needs of such districts and libraries; (v) to leverage resources to provide maximum aid to elementary schools, secondary schools and public libraries; and (vi) to encourage the development of education telecommunications and information technologies through public-private ventures, by serving as a clearinghouse for information on new education technologies, and by providing technical assistance, including assistance to States, if needed, to establish State education technology agencies. (2) PURPOSE.-The purpose of this section is to recognize the Corporation as a nonprofit corporation operating under the laws of the District of Columbia, and to provide authority for Federal departments and agencies to provide assistance to the Corporation. (b) DEFINITIONS.-For the purpose of this section— (1) the term "Corporation" means the National Education Technology Funding Corporation described in subsection (a)(1)(A); (2) the terms "elementary school" and "secondary school" have the same meanings given such terms in section 14101 of the Elementary and Secondary Education Act of 1965; and (3) the term "public library" has the same meaning given such term in section 3 of the Library Services and Construction Act. (c) ASSISTANCE FOR EDUCATION TECHNOLOGY PURPOSES. (1) RECEIPT BY CORPORATION.-Notwithstanding any other provision of law, in order to carry out the corporate purposes described in subsection (a)(1)(C), the Corporation shall be eligible to receive discretionary grants, contracts, gifts, contributions, or technical assistance from any Federal department or agency, to the extent otherwise permitted by law. (2) AGREEMENT.-In order to receive any assistance described in paragraph (1) the Corporation shall enter into an agreement with the Federal department or agency providing such assistance, under which the Corporation agrees (A) to use such assistance to provide funding and technical assistance only for activities which the Board of Directors of the Corporation determines are consistent with the corporate purposes described in subsection (a)(1)(C); (B) to review the activities of State education technology agencies and other entities receiving assistance from the Corporation to assure that the corporate purposes described in subsection (a)(1)(C) are carried out; (C) that no part of the assets of the Corporation shall accrue to the benefit of any member of the Board of Directors of the Corporation, any officer or employee of the Corporation, or any other individual, except as salary or reasonable compensation for services; (D) that the Board of Directors of the Corporation will adopt policies and procedures to prevent conflicts of interest; (E) to maintain a Board of Directors of the Corporation consistent with subsection (a)(1)(B); (F) that the Corporation, and any entity receiving the assistance from the Corporation, are subject to the appropriate oversight procedures of the Congress; and (G) to comply with (i) the audit requirements described in subsection (d); and (ii) the reporting and testimony requirements described in subsection (e). (3) CONSTRUCTION.-Nothing in this section shall be construed to establish the Corporation as an agency or independent establishment of the Federal Government, or to establish the members of the Board of Directors of the Corporation, or the officers and employees of the Corporation, as officers or employees of the Federal Government. (d) AUDITS. (1) AUDITS BY INDEPENDENT CERTIFIED PUBLIC ACCOUNT ANTS. (A) IN GENERAL.-The Corporation's financial statements shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants who are certified by a regulatory authority of a State or other political subdivision of the United States. The audits shall be conducted at the place or places where the accounts of the Corporation are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the Corporation and necessary to facilitate the audit shall be made available to the person or persons conducting the audits, and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians shall be afforded to such person or persons. (B) REPORTING REQUIREMENTS.-The report of each annual audit described in subparagraph (A) shall be included in the annual report required by subsection (e)(1). (2) RECORDKEEPING REQUIREMENTS; AUDIT AND EXAMINATION OF BOOKS.— (A) RECORDKEEPING REQUIREMENTS.-The Corporation shall ensure that each recipient of assistance from the Corporation keeps (i) separate accounts with respect to such assistance; (ii) such records as may be reasonably necessary to fully disclose (I) the amount and the disposition by such recipient of the proceeds of such assistance; (II) the total cost of the project or undertaking in connection with which such assistance is given or used; and (III) the amount and nature of that portion of the cost of the project or undertaking supplied by other sources; and (iii) such other records as will facilitate an effective audit. (B) AUDIT AND EXAMINATION OF BOOKS.-The Corporation shall ensure that the Corporation, or any of the Corporation's 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 from the Corporation that are pertinent to such assistance. Representatives of the Comptroller General shall also have such access for such purpose. (e) ANNUAL REPORT; TESTIMONY TO THE CONGRESS. (1) ANNUAL REPORT.-Not later than April 30 of each year, the Corporation shall publish an annual report for the preceding fiscal year and submit that report to the President and the Congress. The report shall include a comprehensive and detailed evaluation of the Corporation's operations, activities, financial condition, and accomplishments under this section and may include such recommendations as the Corporation deems appropriate. (2) TESTIMONY BEFORE CONGRESS.-The members of the Board of Directors, and officers, of the Corporation shall be available to testify before appropriate committees of the Congress with respect to the report described in paragraph (1), the report of any audit made by the Comptroller General pursuant to this section, or any other matter which any such committee may determine appropriate. SEC. 709. REPORT ON THE USE OF ADVANCED TELECOMMUNICATIONS SERVICES FOR MEDICAL PURPOSES. The Secretary of Commerce, in consultation with the Secretary of Health and Human Services and other appropriate departments and agencies, shall submit a report to the Committee on Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate concerning the activities of the Joint Working Group on Telemedicine, together with any findings reached in the studies and demonstrations on telemedicine funded by the Public Health Service or other Federal agencies. The report shall examine questions related to patient safety, the efficacy and quality of the services provided, and other legal, medical, and economic issues related to the utilization of advanced telecommunications services for medical purposes. The report shall be submitted to the respective committees by January 31, 1997. SEC. 710. AUTHORIZATION OF APPROPRIATIONS. (a) [47 U.S.C. 156 nt] IN GENERAL. In addition to any other sums authorized by law, there are authorized to be appropriated to the Federal Communications Commission such sums as may be necessary to carry out this Act and the amendments made by this Act. (b) [47 U.S.C. 156 nt] EFFECT ON FEES.-For the purposes of section 9(b)(2) (47 U.S.C. 159(b)(2)), additional amounts appropriated pursuant to subsection (a) shall be construed to be changes in the amounts appropriated for the performance of activities described in section 9(a) of the Communications Act of 1934. (c) FUNDING AVAILABILITY.-Section 309(j)(8)(B) (47 U.S.C. 309(j)(8)(B)) is amended by adding at the end the following new sentence: "Such offsetting collections are authorized to remain available until expended.". |