I 

108TH CONGRESS 

1ST SESSION H. R. 2801

To establish a digital and wireless network technology program, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 21, 2003

Mr. FORBES (for himself, Mr. TOWNS, Mr. ROGERS of Alabama, Ms. EDDIE

BERNICE JOHNSON of Texas, Mr. WILSON of South Carolina, Mr. JOHN, 

Mr. VITTER, Ms. JACKSON-LEE of Texas, Mr. WELLER, Mr. SCOTT of 

Virginia, Mr. CANTOR, Mr. HINOJOSA, Mr. BAKER, Ms. LEE, Mr. FERGUSON, and Mr. OWENS) introduced the following bill; which was referred 

to the Committee on Science, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To establish a digital and wireless network technology 

program, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Minority Serving Insti5 tution Digital and Wireless Technology Opportunity Act 

6 of 2003’’. 
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1 SEC. 2. ESTABLISHMENT OF PROGRAM. 

2 Section 5 of the Stevenson-Wydler Technology Inno3 vation Act of 1980 (15 U.S.C. 3704) is amended by insert4 ing the following after subsection (f): 

5 ‘‘(g) MINORITY SERVING INSTITUTION DIGITAL AND

6 WIRELESS TECHNOLOGY OPPORTUNITY PROGRAM.—

7 ‘‘(1) IN GENERAL.—The Secretary, acting 

8 through the Under Secretary, shall establish a Mi9 nority Serving Institution Digital and Wireless Tech10 nology Opportunity Program to assist eligible insti11 tutions in acquiring, and augmenting their use of, 

12 digital and wireless networking technologies to im13 prove the quality and delivery of educational services 

14 at eligible institutions. 

15 ‘‘(2) AUTHORIZED ACTIVITIES.—An eligible in16 stitution may use a grant, cooperative agreement, or 

17 contract awarded under this subsection—

18 ‘‘(A) to acquire equipment, instrumenta19 tion, networking capability, hardware and soft20 ware, digital network technology, wireless tech21 nology, and infrastructure to further the objec22 tive of the Program described in paragraph (1); 

23 ‘‘(B) to develop and provide training, edu24 cation, and professional development programs, 

25 including faculty development, to increase the 
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1 use of, and usefulness of, digital and wireless 

2 networking technology; 

3 ‘‘(C) to provide teacher education, includ4 ing the provision of preservice teacher training 

5 and in-service professional development at eligi6 ble institutions, library and media specialist 

7 training, and preschool and teacher aid certifi8 cation to individuals who seek to acquire or en9 hance technology skills in order to use digital 

10 and wireless networking technology in the class11 room or instructional process; 

12 ‘‘(D) to obtain capacity-building technical 

13 assistance, including through remote technical 

14 support, technical assistance workshops, and 

15 distance learning services; and 

16 ‘‘(E) to foster the use of digital and wire17 less networking technology to improve research 

18 and education, including scientific, mathe19 matics, engineering, and technology instruction. 

20 ‘‘(3) APPLICATION AND REVIEW PROCE21 DURES.—

22 ‘‘(A) IN GENERAL.—To be eligible to re23 ceive a grant, cooperative agreement, or con24 tract under this subsection, an eligible institu25 tion shall submit an application to the Under 
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1 Secretary at such time, in such manner, and 

2 containing such information as the Under Sec3 retary may require. Such application, at a min4 imum, shall include a description of how the 

5 funds will be used, including a description of 

6 any digital and wireless networking technology 

7 to be acquired, and a description of how the in8 stitution will ensure that digital and wireless 

9 networking will be made accessible to, and em10 ployed by, students, faculty, and administra11 tors. The Under Secretary, consistent with sub12 paragraph (C) and in consultation with the ad13 visory council established under subparagraph 

14 (B), shall establish procedures to review such 

15 applications. The Under Secretary shall publish 

16 the application requirements and review criteria 

17 in the Federal Register, along with a statement 

18 describing the availability of funds. 

19 ‘‘(B) ADVISORY COUNCIL.—The Under 

20 Secretary shall establish an advisory council to 

21 advise the Under Secretary on the best ap22 proaches to encourage maximum participation 

23 by eligible institutions in the program estab24 lished under paragraph (1), and on the proce25 dures to review proposals submitted to the pro-
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1 gram. In selecting the members of the advisory 

2 council, the Under Secretary shall consult with 

3 representatives of appropriate organizations, in4 cluding representatives of eligible institutions, 

5 to ensure that the membership of the advisory 

6 council includes representatives of minority 

7 businesses and eligible institution communities. 

8 The Under Secretary shall also consult with ex9 perts in digital and wireless networking tech10 nology to ensure that such expertise is rep11 resented on the advisory council. 

12 ‘‘(C) REVIEW PANELS.—Each application 

13 submitted under this subsection by an eligible 

14 institution shall be reviewed by a panel of indi15 viduals selected by the Under Secretary to 

16 judge the quality and merit of the proposal, in17 cluding the extent to which the eligible institu18 tion can effectively and successfully utilize the 

19 proposed grant, cooperative agreement, or con20 tract to carry out the program described in 

21 paragraph (1). The Under Secretary shall en22 sure that the review panels include representa23 tives of minority serving institutions and others 

24 who are knowledgeable about eligible institu25 tions and technology issues. The Under Sec-
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1 retary shall ensure that no individual assigned 

2 under this subsection to review any application 

3 has a conflict of interest with regard to that ap4 plication. The Under Secretary shall take into 

5 consideration the recommendations of the re6 view panel in determining whether to award a 

7 grant, cooperative agreement, or contract to an 

8 eligible institution. 

9 ‘‘(D) INFORMATION DISSEMINATION.—The 

10 Under Secretary shall convene an annual meet11 ing of eligible institutions receiving grants, co12 operative agreements, or contracts under this 

13 subsection to foster collaboration and capacity14 building activities among eligible institutions. 

15 ‘‘(E) MATCHING REQUIREMENT.—The 

16 Under Secretary may not award a grant, coop17 erative agreement, or contract to an eligible in18 stitution under this subsection unless such in19 stitution agrees that, with respect to the costs 

20 incurred by the institution in carrying out the 

21 program for which the grant, cooperative agree22 ment, or contract was awarded, such institution 

23 shall make available, directly, or through dona24 tions from public or private entities, non-Fed25 eral contributions in an amount equal to one-
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1 quarter of the grant, cooperative agreement, or 

2 contract awarded by the Under Secretary, or 

3 $500,000, whichever is the lesser amount. The 

4 Under Secretary shall waive the matching re5 quirement for any institution or consortium 

6 with no endowment, or an endowment that has 

7 a current dollar value lower than $50,000,000. 

8 ‘‘(F) AWARDS.—

9 ‘‘(i) LIMITATION.—An eligible institu10 tion that receives a grant, cooperative 

11 agreement, or contract under this sub12 section that exceeds $2,500,000 shall not 

13 be eligible to receive another grant, cooper14 ative agreement, or contract. 

15 ‘‘(ii) CONSORTIA.—Grants, coopera16 tive agreements, and contracts may only be 

17 awarded to eligible institutions. Eligible in18 stitutions may seek funding under this 

19 subsection for consortia which may include 

20 other eligible institutions, a State or a 

21 State education agency, local education 

22 agencies, institutions of higher education, 

23 community-based organizations, national 

24 nonprofit organizations, or businesses, in25 cluding minority businesses. 
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1 ‘‘(iii) PLANNING GRANTS.—The 

2 Under Secretary may provide funds to de3 velop strategic plans to implement such 

4 grants, cooperative agreements, or con5 tracts. 

6 ‘‘(iv) INSTITUTIONAL DIVERSITY.—In 

7 awarding grants, cooperative agreements, 

8 and contracts to eligible institutions, the 

9 Under Secretary shall ensure, to the extent 

10 practicable, that awards are made to all 

11 types of institutions eligible for assistance 

12 under this subsection. 

13 ‘‘(v) NEED.—In awarding funds 

14 under this subsection, the Under Secretary 

15 shall give priority to the institution with 

16 the greatest demonstrated need for assist17 ance. 

18 ‘‘(G) ANNUAL REPORT AND EVALUA19 TION.—

20 ‘‘(i) ANNUAL REPORT REQUIRED

21 FROM RECIPIENTS.—Each institution that 

22 receives a grant, cooperative agreement, or 

23 contract awarded under this subsection 

24 shall provide an annual report to the 
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1 Under Secretary on its use of the grant, 

2 cooperative agreement, or contract. 

3 ‘‘(ii) INDEPENDENT ASSESSMENT.—

4 Not later than 6 months after the date of 

5 enactment of this subsection, the Under 

6 Secretary shall enter into a contract with 

7 the National Academy of Public Adminis8 tration to conduct periodic assessments of 

9 the program. The Assessments shall be 

10 conducted once every 3 years during the 

11 10-year period following the enactment of 

12 this subsection. The assessments shall in13 clude an evaluation of the effectiveness of 

14 the program in improving the education 

15 and training of students, faculty and staff 

16 at eligible institutions that have been 

17 awarded grants, cooperative agreements, or 

18 contracts under the program; an evaluation 

19 of the effectiveness of the program in im20 proving access to, and familiarity with, dig21 ital and wireless networking technology for 

22 students, faculty, and staff at all eligible 

23 institutions; an evaluation of the proce24 dures established under paragraph (3)(A); 

25 and recommendations for improving the
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1 program, including recommendations con2 cerning the continuing need for Federal 

3 support. In carrying out its assessments, 

4 the National Academy of Public Adminis5 tration shall review the reports submitted 

6 to the Under Secretary under clause (i). 

7 ‘‘(iii) REPORT TO CONGRESS.—Upon 

8 completion of each independent assessment 

9 carried out under clause (ii), the Under 

10 Secretary shall transmit the assessment to 

11 Congress along with a summary of the 

12 Under Secretary’s plans, if any, to imple13 ment the recommendations of the National 

14 Academy of Public Administration. 

15 ‘‘(H) DEFINITIONS.—In this subsection: 

16 ‘‘(i) DIGITAL AND WIRELESS NET17 WORKING TECHNOLOGY.—The term ‘dig18 ital and wireless networking technology’ 

19 means computer and communications 

20 equipment and software that facilitates the 

21 transmission of information in a digital 

22 format. 

23 ‘‘(ii) ELIGIBLE INSTITUTION.—The 

24 term ‘eligible institution’ means an institu25 tion that is—
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1 ‘‘(I) a historically Black college 

2 or university that is a part B institu3 tion, as defined in section 322(2) of 

4 the Higher Education Act of 1965 (20 

5 U.S.C. 1061(2)), an institution de6 scribed in section 326(e)(1)(A), (B), 

7 or (C) of that Act (20 U.S.C. 

8 1063b(e)(1)(A), (B), or (C)), or a 

9 consortium of institutions described in 

10 this subparagraph; 

11 ‘‘(II) a Hispanic-serving institu12 tion, as defined in section 502(a)(5) 

13 of the Higher Education Act of 1965 

14 (20 U.S.C. 1101a(a)(5)); 

15 ‘‘(III) a tribally controlled college 

16 or university, as defined in section 

17 316(b)(3) of the Higher Education 

18 Act of 1965 (20 U.S.C. 1059c(b)(3)); 

19 ‘‘(IV) an Alaska Native-serving 

20 institution under section 317(b) of the 

21 Higher Education Act of 1965 (20 

22 U.S.C. 1059d(b)); 

23 ‘‘(V) a Native Hawaiian-serving 

24 institution under section 317(b) of the 
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1 Higher Education Act of 1965 (20 

2 U.S.C. 1059d(b)); or 

3 ‘‘(VI) an institution of higher 

4 education (as defined in section 365 

5 of the Higher Education Act of 1965 

6 (20 U.S.C. 1067k)) with an enroll7 ment of needy students (as defined in 

8 section 312(d) of the Higher Edu9 cation Act of 1965 (20 U.S.C. 

10 1058(d)). 

11 ‘‘(iii) INSTITUTION OF HIGHER EDU12 CATION.—The term ‘institution of higher 

13 education’ has the meaning given the term 

14 in section 101 of the Higher Education 

15 Act of 1965 (20 U.S.C. 1001). 

16 ‘‘(iv) LOCAL EDUCATIONAL AGEN17 CY.—The term ‘local educational agency’ 

18 has the meaning given the term in section 

19 9101 of the Elementary and Secondary 

20 Education Act of 1965 (20 U.S.C. 7801). 

21 ‘‘(v) MINORITY BUSINESS.—The term 

22 ‘minority business’ includes HUBZone 

23 small business concerns (as defined in sec24 tion 3(p) of the Small Business Act (15 

25 U.S.C. 632(p)). 
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1 ‘‘(vi) MINORITY INDIVIDUAL.—The 

2 term ‘minority individual’ means an Amer3 ican Indian, Alaskan Native, Black (not of 

4 Hispanic origin), Hispanic (including per5 sons of Mexican, Puerto Rican, Cuban and 

6 Central or South American origin), or Pa7 cific Islander individual. 

8 ‘‘(vii) STATE.—The term ‘State’ has 

9 the meaning given the term in section 

10 9101 of the Elementary and Secondary 

11 Education Act of 1965 (20 U.S.C. 7801). 

12 ‘‘(viii) STATE EDUCATIONAL AGEN13 CY.—The term ‘State educational agency’ 

14 has the meaning given the term in section 

15 9101 of the Elementary and Secondary 

16 Education Act of 1965 (20 U.S.C. 

17 7801).’’. 

18 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated to the Tech20 nology Administration of the Department of Commerce to 

21 carry out section 5(g) of the Stevenson-Wydler Technology 

22 Innovation Act of 1980—

23 (1) $250,000,000 for fiscal year 2004; 

24 (2) $250,000,000 for fiscal year 2005; 

25 (3) $250,000,000 for fiscal year 2006; 
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1 (4) $250,000,000 for fiscal year 2007; and 

2 (5) $250,000,000 for fiscal year 2008.

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