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7 USC CHAPTER 31A - TELEMEDICINE AND DISTANCE LEARNING

SERVICES IN RURAL AREAS 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 31A - TELEMEDICINE AND DISTANCE LEARNING SERVICES IN RURAL

AREAS

.

-HEAD-

CHAPTER 31A - TELEMEDICINE AND DISTANCE LEARNING SERVICES IN RURAL

AREAS

-MISC1-

Sec.

950aaa. Purpose.

950aaa-1. Definitions.

950aaa-2. Telemedicine and distance learning services in

rural areas.

(a) Services to rural areas.

(b) Financial assistance.

(c) Recipients.

(d) Priority.

(e) Maximum amount of assistance to individual

recipients.

(f) Use of funds.

(g) Salaries and expenses.

(h) Expediting coordinated telephone loans.

(i) Notification of local exchange carrier.

950aaa-3. Administration.

(a) Nonduplication.

(b) Loan maturity.

(c) Loan security and feasibility.

(d) Encouraging consortia.

(e) Coordination with other agencies.

(f) Informational efforts.

950aaa-4. Regulations.

950aaa-5. Authorization of appropriations.

TERMINATION OF CHAPTER

For termination of chapter by section 1(b) of Pub. L. 102-551,

see note set out under section 950aaa of this title.

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7 USC Sec. 950aaa 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 31A - TELEMEDICINE AND DISTANCE LEARNING SERVICES IN RURAL

AREAS

-HEAD-

Sec. 950aaa. Purpose

-STATUTE-

The purpose of this chapter is to encourage and improve

telemedicine services and distance learning services in rural areas

through the use of telecommunications, computer networks, and

related advanced technologies by students, teachers, medical

professionals, and rural residents.

-SOURCE-

(Pub. L. 101-624, title XXIII, Sec. 2331, as added Pub. L. 104-127,

title VII, Sec. 704, Apr. 4, 1996, 110 Stat. 1108.)

-MISC1-

PRIOR PROVISIONS

A prior section 950aaa, Pub. L. 101-624, title XXIII, Sec. 2331,

Nov. 28, 1990, 104 Stat. 4017, provided purposes of chapter, prior

to the general amendment of this chapter by Pub. L. 104-127.

TERMINATION OF SECTION

For termination of section by section 1(b) of Pub. L. 102-551,

see Termination of Chapter note set out below.

TERMINATION OF CHAPTER

Pub. L. 102-551, Sec. 1(b), Oct. 28, 1992, 106 Stat. 4100, as

amended by Pub. L. 107-171, title VI, Sec. 6203(b), May 13, 2002,

116 Stat. 421, provided that: ''Notwithstanding any other provision

of law, chapter 1 of subtitle D of title XXIII of the Food,

Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 950aaa et

seq.), including the amendments made by this section (enacting

section 950aaa-5 of this title and amending section 950aaa-4 of

this title), shall be effective until September 30, 2007.''

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7 USC Sec. 950aaa-1 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 31A - TELEMEDICINE AND DISTANCE LEARNING SERVICES IN RURAL

AREAS

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Sec. 950aaa-1. Definitions

-STATUTE-

In this chapter:

(1) Construct

The term ''construct'' means to construct, acquire, install,

improve, or extend a facility or system.

(2) Cost of money loan

The term ''cost of money loan'' means a loan made under this

chapter bearing interest at a rate equal to the then current cost

to the Federal Government of loans of similar maturity.

(3) Secretary

The term ''Secretary'' means the Secretary of Agriculture.

-SOURCE-

(Pub. L. 101-624, title XXIII, Sec. 2332, as added Pub. L. 104-127,

title VII, Sec. 704, Apr. 4, 1996, 110 Stat. 1108.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 1(b) of Pub. L. 102-551,

see Termination of Chapter note set out under section 950aaa of

this title.

-MISC1-

PRIOR PROVISIONS

A prior section 950aaa-1, Pub. L. 101-624, title XXIII, Sec.

2332, Nov. 28, 1990, 104 Stat. 4017; Pub. L. 102-237, title VII,

Sec. 702(g), Dec. 13, 1991, 105 Stat. 1880, provided goal of

Federal Government to make affordable advanced telecommunications

available to rural residents, prior to the general amendment of

this chapter by Pub. L. 104-127.

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7 USC Sec. 950aaa-2 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 31A - TELEMEDICINE AND DISTANCE LEARNING SERVICES IN RURAL

AREAS

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Sec. 950aaa-2. Telemedicine and distance learning services in rural

areas

-STATUTE-

(a) Services to rural areas

The Secretary may provide financial assistance for the purpose of

financing the construction of facilities and systems to provide

telemedicine services and distance learning services in rural

areas.

(b) Financial assistance

(1) In general

Financial assistance shall consist of grants or cost of money

loans, or both.

(2) Form

The Secretary shall determine the portion of the financial

assistance provided to a recipient that consists of grants and

the portion that consists of cost of money loans so as to result

in the maximum feasible repayment to the Federal Government of

the financial assistance, based on the ability to repay of the

recipient and full utilization of funds made available to carry

out this chapter.

(c) Recipients

(1) In general

The Secretary may provide financial assistance under this

chapter to -

(A) entities using telemedicine services or distance learning

services; and

(B) entities providing or proposing to provide telemedicine

service or distance learning service to other persons at rates

calculated to ensure that the benefit of the financial

assistance is passed through to the other persons.

(2) Electric or telecommunications borrowers

(A) Loans to borrowers

Subject to subparagraph (B), the Secretary may provide a cost

of money loan under this chapter to a borrower of an electric

or telecommunications loan under the Rural Electrification Act

of 1936 (7 U.S.C. 901 et seq.). A borrower receiving a cost of

money loan under this paragraph shall -

(i) make the funds provided available to entities that

qualify under paragraph (1) for projects satisfying the

requirements of this chapter;

(ii) use the funds provided to acquire, install, improve,

or extend a system referred to in subsection (a) of this

section; or

(iii) use the funds provided to install, improve, or extend

a facility referred to in subsection (a) of this section.

(B) Limitations

A borrower of an electric or telecommunications loan under

the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.)

shall -

(i) make a system or facility funded under subparagraph (A)

available to entities that qualify under paragraph (1); and

(ii) neither retain from the proceeds of a loan provided

under subparagraph (A), nor assess a qualifying entity under

paragraph (1), any amount except as may be required to pay

the actual costs incurred in administering the loan or making

the system or facility available.

(3) Appeal

If the Secretary rejects the application of a borrower who

applies for a cost of money loan or grant under this section, the

borrower may appeal the decision to the Secretary not later than

10 days after the borrower is notified of the rejection.

(4) Assistance to provide or improve services

Financial assistance may be provided under this chapter for a

facility regardless of the location of the facility if the

Secretary determines that the assistance is necessary to provide

or improve telemedicine services or distance learning services in

a rural area.

(d) Priority

The Secretary shall establish procedures to prioritize financial

assistance under this chapter considering -

(1) the need for the assistance in the affected rural area;

(2) the financial need of the applicant;

(3) the population sparsity of the affected rural area;

(4) the local involvement in the project serving the affected

rural area;

(5) geographic diversity among the recipients of financial

assistance;

(6) the utilization of the telecommunications facilities of any

telecommunications provider serving the affected rural area;

(7) the portion of total project financing provided by the

applicant from the funds of the applicant;

(8) the portion of project financing provided by the applicant

with funds obtained from non-Federal sources;

(9) the joint utilization of facilities financed by other

financial assistance;

(10) the coordination of the proposed project with regional

projects or networks;

(11) service to the greatest practical number of persons within

the general geographic area covered by the financial assistance;

(12) conformity with the State strategic plan as prepared under

section 2009c of this title; and

(13) other factors determined appropriate by the Secretary.

(e) Maximum amount of assistance to individual recipients

The Secretary may establish the maximum amount of financial

assistance to be made available to an individual recipient for each

fiscal year under this chapter, by publishing notice of the maximum

amount in the Federal Register not more than 45 days after funds

are made available for the fiscal year to carry out this chapter.

(f) Use of funds

Financial assistance provided under this chapter shall be used

for -

(1) the development and acquisition of instructional

programming;

(2) the development and acquisition, through lease or purchase,

of computer hardware and software, audio and visual equipment,

computer network components, telecommunications terminal

equipment, telecommunications transmission facilities, data

terminal equipment, or interactive video equipment, or other

facilities that would further telemedicine services or distance

learning services;

(3) providing technical assistance and instruction for the

development or use of the programming, equipment, or facilities

referred to in paragraphs (1) and (2); or

(4) other uses that are consistent with this chapter, as

determined by the Secretary.

(g) Salaries and expenses

Notwithstanding subsection (f) of this section, financial

assistance provided under this chapter shall not be used for paying

salaries or administrative expenses.

(h) Expediting coordinated telephone loans

(1) In general

The Secretary may establish and carry out procedures to ensure

that expedited consideration and determination is given to

applications for loans and advances of funds submitted by local

exchange carriers under this chapter and the Rural

Electrification Act of 1936 (7 U.S.C. 901 et seq.) to enable the

exchange carriers to provide advanced telecommunications services

in rural areas in conjunction with any other projects carried out

under this chapter.

(2) Deadline imposed on Secretary

Not later than 45 days after the receipt of a completed

application for an expedited telephone loan under paragraph (1),

the Secretary shall notify the applicant in writing of the

decision of the Secretary regarding the application.

(i) Notification of local exchange carrier

(1) Applicants

Each applicant for a grant for a telemedicine or distance

learning project established under this chapter shall notify the

appropriate local telephone exchange carrier regarding the

application filed with the Secretary for the grant.

(2) Secretary

The Secretary shall -

(A) publish notice of applications received for grants under

this chapter for telemedicine or distance learning projects;

and

(B) make the applications available for inspection.

-SOURCE-

(Pub. L. 101-624, title XXIII, Sec. 2333, as added Pub. L. 104-127,

title VII, Sec. 704, Apr. 4, 1996, 110 Stat. 1109.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 1(b) of Pub. L. 102-551,

see Termination of Chapter note set out under section 950aaa of

this title.

-REFTEXT-

REFERENCES IN TEXT

The Rural Electrification Act of 1936, referred to in subsecs.

(c)(2) and (h)(1), is act May 20, 1936, ch. 432, 49 Stat. 1363, as

amended, which is classified generally to chapter 31 (Sec. 901 et

seq.) of this title. For complete classification of this Act to

the Code, see section 901 of this title and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 950aaa-2, Pub. L. 101-624, title XXIII, Sec.

2333, Nov. 28, 1990, 104 Stat. 4017; Pub. L. 103-354, title II,

Sec. 235(b)(4)(A), (C), Oct. 13, 1994, 108 Stat. 3221, 3222,

provided definitions for chapter, prior to the general amendment of

this chapter by Pub. L. 104-127.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 917 of this title.

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7 USC Sec. 950aaa-3 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 31A - TELEMEDICINE AND DISTANCE LEARNING SERVICES IN RURAL

AREAS

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Sec. 950aaa-3. Administration

-STATUTE-

(a) Nonduplication

The Secretary shall ensure that facilities constructed using

financial assistance provided under this chapter do not duplicate

adequate established telemedicine services or distance learning

services.

(b) Loan maturity

The maturities of cost of money loans shall be determined by the

Secretary, based on the useful life of the facility being financed,

except that the loan shall not be for a period of more than 10

years.

(c) Loan security and feasibility

The Secretary shall make a cost of money loan only if the

Secretary determines that the security for the loan is reasonably

adequate and that the loan will be repaid within the period of the

loan.

(d) Encouraging consortia

The Secretary shall encourage the development of consortia to

provide telemedicine services or distance learning services through

telecommunications in rural areas served by a telecommunications

provider.

(e) Coordination with other agencies

The Secretary shall coordinate, to the extent practicable, with

other Federal and State agencies with similar grant or loan

programs to pool resources for funding meritorious proposals in

rural areas.

(f) Informational efforts

The Secretary shall establish and implement procedures to carry

out informational efforts to advise potential end users located in

rural areas of each State about the program authorized by this

chapter.

-SOURCE-

(Pub. L. 101-624, title XXIII, Sec. 2334, as added Pub. L. 104-127,

title VII, Sec. 704, Apr. 4, 1996, 110 Stat. 1111.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 1(b) of Pub. L. 102-551,

see Termination of Chapter note set out under section 950aaa of

this title.

-MISC1-

PRIOR PROVISIONS

A prior section 950aaa-3, Pub. L. 101-624, title XXIII, Sec.

2334, Nov. 28, 1990, 104 Stat. 4019; Pub. L. 103-354, title II,

Sec. 235(b)(4)(B), (C), Oct. 13, 1994, 108 Stat. 3221, 3222,

contained provisions relevant to telecommunications programs, prior

to the general amendment of this chapter by Pub. L. 104-127.

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7 USC Sec. 950aaa-4 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 31A - TELEMEDICINE AND DISTANCE LEARNING SERVICES IN RURAL

AREAS

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Sec. 950aaa-4. Regulations

-STATUTE-

Not later than 180 days after April 4, 1996, the Secretary shall

issue regulations to carry out this chapter.

-SOURCE-

(Pub. L. 101-624, title XXIII, Sec. 2335, as added Pub. L. 104-127,

title VII, Sec. 704, Apr. 4, 1996, 110 Stat. 1112.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 1(b) of Pub. L. 102-551,

see Termination of Chapter note set out under section 950aaa of

this title.

-MISC1-

PRIOR PROVISIONS

A prior section 950aaa-4, Pub. L. 101-624, title XXIII, Sec.

2335, Nov. 28, 1990, 104 Stat. 4021; Pub. L. 102-551, Sec. 1(c),

Oct. 28, 1992, 106 Stat. 4100; Pub. L. 103-354, title II, Sec.

235(b)(4)(C), Oct. 13, 1994, 108 Stat. 3222, related to rural

community access to advanced telecommunications, prior to the

general amendment of this chapter by Pub. L. 104-127.

ANALYSIS BY OFFICE OF TECHNOLOGY ASSESSMENT

Section 2385 of Pub. L. 101-624 provided that Office of

Technology Assessment was to include, in study of effects of

information age technology on rural America, analysis of

feasibility of ensuring that rural citizens in their homes and

schools had ability to acquire, by computer, information in a

national library, and specified contents of such analysis, prior to

repeal by Pub. L. 104-127, title VII, Sec. 708, Apr. 4, 1996, 110

Stat. 1112.

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7 USC Sec. 950aaa-5 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 31A - TELEMEDICINE AND DISTANCE LEARNING SERVICES IN RURAL

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Sec. 950aaa-5. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this chapter

$100,000,000 for each of fiscal years 1996 through 2007.

-SOURCE-

(Pub. L. 101-624, title XXIII, Sec. 2335A, as added Pub. L.

104-127, title VII, Sec. 704, Apr. 4, 1996, 110 Stat. 1112; amended

Pub. L. 107-171, title VI, Sec. 6203(a), May 13, 2002, 116 Stat.

421.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 1(b) of Pub. L. 102-551,

see Termination of Chapter note set out under section 950aaa of

this title.

-MISC1-

PRIOR PROVISIONS

A prior section 950aaa-5, Pub. L. 101-624, title XXIII, Sec.

2335A, as added Pub. L. 102-551, Sec. 1(a), Oct. 28, 1992, 106

Stat. 4098; amended Pub. L. 103-354, title II, Sec. 235(b)(4)(C),

Oct. 13, 1994, 108 Stat. 3222, related to special health care and

distance learning program for qualified service areas, prior to the

general amendment of this chapter by Pub. L. 104-127.

AMENDMENTS

2002 - Pub. L. 107-171 substituted ''2007'' for ''2002''.

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