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TITLE IV 
GENERAL PROVISIONS 
SEC. 401. No part of any appropriation contained in 
this Act shall remain available for obligation beyond the 
current fiscal year unless expressly so provided herein. 
SEC. 402. Such sums as may be necessary for fiscal 
year 2007 pay raises for programs funded by this Act shall 
be absorbed within the levels appropriated in this Act. 
SEC. 403. None of the funds made available in this 
Act may be used for any program, project, or activity, when 
it is made known to the Federal entity or official to which 
the funds are made available that the program, project, or 
activity is not in compliance with any Federal law relating 
to risk assessment, the protection of private property rights, 
or unfunded mandates. 
SEC. 404. No part of any funds appropriated in this 
Act shall be used by an agency of the executive branch, other 
than for normal and recognized executive-legislative rela-
tionships, for publicity or propaganda purposes, and for 
the preparation, distribution or use of any kit, pamphlet, 
booklet, publication, radio, television or film presentation 
designed to support or defeat legislation pending before 
Congress, except in presentation to Congress itself. 
SEC. 405. All departments and agencies funded under 
this Act are encouraged, within the limits of the existing 
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statutory authorities and funding, to expand their use of 
‘‘E-Commerce’’ technologies and procedures in the conduct 
of their business practices and public service activities. 
SEC. 406. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government except pur-
suant to a transfer made by, or transfer authority provided 
in, this Act or any other appropriations Act. 
SEC. 407. Unless stated otherwise, all reports and noti-
fications required by this Act shall be submitted to the Sub-
committee on Military Quality of Life and Veterans Affairs, 
and Related Agencies of the Committee on Appropriations 
of the House of Representatives and the Subcommittee on 
Military Construction and Veterans Affairs, and Related 
Agencies of the Committee on Appropriations of the Senate. 
TITLE V—DIGITAL AND 
WIRELESS TECHNOLOGY 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Minority Serving Insti-
tution Digital and Wireless Technology Opportunity Act of 
2006’’. 
SEC. 502. ESTABLISHMENT OF PROGRAM. 
Section 5 of the Stevenson-Wydler Technology Innova-
tion Act of 1980 (15 U.S.C. 3704) is amended by inserting 
the following after subsection (f): 
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‘‘(g) MINORITY SERVING INSTITUTION DIGITAL AND 
WIRELESS TECHNOLOGY OPPORTUNITY PROGRAM.— 
‘‘(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Under Secretary, shall establish a Minor-
ity Serving Institution Digital and Wireless Tech-
nology Opportunity Program to assist eligible institu-
tions in acquiring, and augmenting their use of, dig-
ital and wireless networking technologies to improve 
the quality and delivery of educational services at eli-
gible institutions. 
‘‘(2) AUTHORIZED ACTIVITIES.—An eligible in-
stitution may use a grant, cooperative agreement, or 
contract awarded under this subsection— 
‘‘(A) to acquire equipment, instrumenta-
tion, networking capability, hardware and soft-
ware, digital network technology, wireless tech-
nology, and infrastructure to further the objective 
of the Program described in paragraph (1); 
‘‘(B) to develop and provide training, edu-
cation, and professional development programs, 
including faculty development, to increase the 
use of, and usefulness of, digital and wireless 
networking technology; 
‘‘(C) to provide teacher education, including 
the provision of preservice teacher training and 
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in-service professional development at eligible in-
stitutions, library and media specialist training, 
and preschool and teacher aid certification to in-
dividuals who seek to acquire or enhance tech-
nology skills in order to use digital and wireless 
networking technology in the classroom or in-
structional process, including instruction in 
science, mathematics, engineering, and tech-
nology subjects; and 
‘‘(D) to foster the use of digital and wireless 
networking technology to improve research and 
education, including scientific, mathematics, en-
gineering, and technology instruction. 
‘‘(3) APPLICATION AND REVIEW PROCEDURES.— 
‘‘(A) IN GENERAL.—To be eligible to receive 
a grant, cooperative agreement, or contract 
under this subsection, an eligible institution 
shall submit an application to the Under Sec-
retary at such time, in such manner, and con-
taining such information as the Under Secretary 
may require. Such application, at a minimum, 
shall include a description of how the funds will 
be used, including a description of any digital 
and wireless networking technology to be ac-
quired, and a description of how the institution 
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will ensure that digital and wireless networking 
will be made accessible to, and employed by, stu-
dents, faculty, and administrators. The Under 
Secretary, consistent with subparagraph (B), 
shall establish procedures to review such applica-
tions. The Under Secretary shall publish the ap-
plication requirements and review criteria in the 
Federal Register, along with a statement describ-
ing the availability of funds. 
‘‘(B) REVIEW
PANELS.—Each application 
submitted under this subsection by an eligible in-
stitution shall be reviewed by a panel of individ-
uals selected by the Under Secretary to judge the 
quality and merit of the proposal, including the 
extent to which the eligible institution can effec-
tively and successfully utilize the proposed grant, 
cooperative agreement, or contract to carry out 
the program described in paragraph (1). The 
Under Secretary shall ensure that the review 
panels include representatives of minority serv-
ing institutions and others who are knowledge-
able about eligible institutions and digital and 
wireless networking technology. The Under Sec-
retary shall ensure that no individual assigned 
under this subsection to review any application 
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has a conflict of interest with regard to that ap-
plication. The Under Secretary shall take into 
consideration the recommendations of the review 
panel in determining whether to award a grant, 
cooperative agreement, or contract to an eligible 
institution. 
‘‘(C) 
MATCHING
REQUIREMENT.—The 
Under Secretary may not award a grant, cooper-
ative agreement, or contract to an eligible insti-
tution under this subsection unless such institu-
tion agrees that, with respect to the costs in-
curred by the institution in carrying out the 
program for which the grant, cooperative agree-
ment, or contract was awarded, such institution 
shall make available, directly, or through dona-
tions from public or private entities, non-Federal 
contributions in an amount equal to one-quarter 
of the grant, cooperative agreement, or contract 
awarded by the Under Secretary, or $500,000, 
whichever is the lesser amount. The Under Sec-
retary shall waive the matching requirement for 
any institution or consortium with no endow-
ment, or an endowment that has a current dollar 
value lower than $50,000,000. 
‘‘(D) AWARDS.— 
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‘‘(i) LIMITATION.—An eligible institu-
tion that receives a grant, cooperative agree-
ment, or contract under this subsection that 
exceeds $2,500,000 shall not be eligible to re-
ceive another grant, cooperative agreement, 
or contract. 
‘‘(ii) CONSORTIA.—Grants, cooperative 
agreements, and contracts may only be 
awarded to eligible institutions. Eligible in-
stitutions may seek funding under this sub-
section for consortia which may include 
other eligible institutions, a State or a State 
educational agency, local educational agen-
cies, institutions of higher education, com-
munity-based organizations, national non-
profit organizations, or businesses, includ-
ing minority businesses. 
‘‘(iii) PLANNING GRANTS.—The Under 
Secretary may provide funds to develop 
strategic plans to implement such grants, 
cooperative agreements, or contracts. 
‘‘(iv) INSTITUTIONAL
DIVERSITY.—In 
awarding grants, cooperative agreements, 
and contracts to eligible institutions, the 
Under Secretary shall ensure, to the extent 
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practicable, that awards are made to all 
types of institutions eligible for assistance 
under this subsection. 
‘‘(v) NEED.—In awarding funds under 
this subsection, the Under Secretary shall 
give priority to the institution with the 
greatest demonstrated need for assistance. 
‘‘(E) ANNUAL REPORT AND EVALUATION.— 
‘‘(i) ANNUAL REPORT REQUIRED FROM 
RECIPIENTS.—Each institution that receives 
a grant, cooperative agreement, or contract 
awarded under this subsection shall provide 
an annual report to the Under Secretary on 
its use of the grant, cooperative agreement, 
or contract. 
‘‘(ii) INDEPENDENT
ASSESSMENT.— 
Not later than 6 months after the date of 
enactment of this subsection, the Under Sec-
retary shall enter into a contract with the 
National Academy of Public Administration 
to conduct periodic assessments of the pro-
gram. The Assessments shall be conducted 
once every 3 years during the 10-year pe-
riod following the enactment of this sub-
section. The assessments shall include an 
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evaluation of the effectiveness of the pro-
gram in improving the education and 
training of students, faculty and staff at eli-
gible institutions that have been awarded 
grants, cooperative agreements, or contracts 
under the program; an evaluation of the ef-
fectiveness of the program in improving ac-
cess to, and familiarity with, digital and 
wireless networking technology for students, 
faculty, and staff at all eligible institutions; 
an evaluation of the procedures established 
under subparagraph (A); and recommenda-
tions for improving the program, including 
recommendations concerning the continuing 
need for Federal support. In carrying out 
its assessments, the National Academy of 
Public Administration shall review the re-
ports submitted to the Under Secretary 
under clause (i). 
‘‘(iii) REPORT
TO
CONGRESS.—Upon 
completion of each independent assessment 
carried out under clause (ii), the Under 
Secretary shall transmit the assessment to 
Congress along with a summary of the 
Under Secretary’s plans, if any, to imple-
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ment the recommendations of the National 
Academy of Public Administration. 
‘‘(F) DEFINITIONS.—In this subsection: 
‘‘(i) DIGITAL
AND
WIRELESS
NET-
WORKING TECHNOLOGY.—The term ‘digital 
and wireless networking technology’ means 
computer and communications equipment 
and software that facilitates the trans-
mission of information in a digital format. 
‘‘(ii) 
ELIGIBLE
INSTITUTION.—The 
term ‘eligible institution’ means an institu-
tion that is— 
‘‘(I) a historically Black college or 
university that is a part B institution, 
as defined in section 322(2) of the 
Higher Education Act of 1965 (20 
U.S.C. 1061(2)), or an institution de-
scribed in section 326(e)(1) of that Act 
(20 U.S.C. 1063b(e)(1)); 
‘‘(II) a Hispanic-serving institu-
tion, as defined in section 502(a)(5) of 
the Higher Education Act of 1965 (20 
U.S.C. 1101a(a)(5)); 
‘‘(III) a tribally controlled college 
or university, as defined in section 
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316(b)(3) of the Higher Education Act 
of 1965 (20 U.S.C. 1059c(b)(3)); 
‘‘(IV) an Alaska Native-serving 
institution under section 317(b) of the 
Higher Education Act of 1965 (20 
U.S.C. 1059d(b)); or 
‘‘(V) a Native Hawaiian-serving 
institution under section 317(b) of the 
Higher Education Act of 1965 (20 
U.S.C. 1059d(b)). 
‘‘(iii) INSTITUTION OF HIGHER EDU-
CATION.—The term ‘institution of higher 
education’ has the meaning given the term 
in section 101 of the Higher Education Act 
of 1965 (20 U.S.C. 1001). 
‘‘(iv) LOCAL EDUCATIONAL AGENCY.— 
The term ‘local educational agency’ has the 
meaning given the term in section 9101 of 
the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7801). 
‘‘(v) MINORITY
BUSINESS.—The term 
‘minority 
business’ 
includes 
HUBZone 
small business concerns (as defined in sec-
tion 3(p) of the Small Business Act (15 
U.S.C. 632(p)). 
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