[House Report 109-211]
[From the U.S. Government Publishing Office]



109th Congress                                            Rept. 109-211
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================
 
     MINORITY SERVING INSTITUTION DIGITAL AND WIRELESS TECHNOLOGY 
                        OPPORTUNITY ACT OF 2005

                                _______
                                

                 July 28, 2005.--Ordered to be printed

                                _______
                                

  Mr. Boehlert, from the Committee on Science, submitted the following

                              R E P O R T

                        [To accompany H.R. 921]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Science, to whom was referred the bill (H.R. 
921) to establish a digital and wireless network technology 
program, and for other purposes, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                                CONTENTS

                                                                   Page
   I. Purpose of the Bill.............................................2
  II. Background and Need for the Legislation.........................2
 III. Hearing Summary.................................................3
  IV. Committee Actions...............................................4
   V. Summary of Major Provisions of the Bill.........................5
  VI. Section-by-Section Analysis (by Title and Section)..............5
 VII. Committee Views.................................................7
VIII. Cost Estimate...................................................9
  IX. Congressional Budget Office Cost Estimate......................10
   X. Compliance with Public Law 104-4 (Unfunded Mandates)...........11
  XI. Committee Oversight Findings and Recommendations...............11
 XII. Statement on General Performance Goals and Objectives..........11
XIII. Constitutional Authority Statement.............................12
 XIV. Federal Advisory Committee Statement...........................12
  XV. Congressional Accountability Act...............................12
 XVI. Statement on Preemption of State, Local, or Tribal Law.........12
XVII. Changes in Existing Law Made by the Bill, as Reported..........12
XVIII.Committee Recommendations......................................16

 XIX. Proceedings of the Full Committee Markup.......................17

                         I. Purpose of the Bill

    The purpose of the bill is to assist minority-serving 
institutions in acquiring, and augmenting their use of, digital 
and wireless networking technologies to improve the quality and 
delivery of educational services at their institutions.

              II. Background and Need for the Legislation

    Developing an educated and technologically literate 
workforce is an important part of our efforts to maintain our 
Nation's preeminence in an increasingly competitive, 
information-based, global economy. Whether technology should be 
used in schools is no longer the issue. Rather the current 
emphasis is on ensuring that technology is available and used 
effectively to create new opportunities in school and at work. 
Already, more than half of all workers--from office workers to 
auto mechanics--use a computer on the job, and that number is 
expected to grow in the near future. If we are to tap the full 
potential of this country and its people, we must ensure that 
all Americans are technically proficient and prepared for the 
21st Century workforce.
    Unfortunately, too many Americans--and minorities in 
particular--have been raised in an environment without a 
computer in the home, attended poor schools that were neither 
wired nor equipped with 21st century technology, and have been 
taught by educators who may not have had previous experience 
with computers. Despite a significant federal investment in 
education technology at the elementary and secondary school 
levels, a large number of low-income, minority students still 
have their first exposure to computers and the Internet when 
they arrive on the college campus.
    The U.S. Department of Commerce first documented the 
disparity between information ``haves'' and information ``have-
nots''--the so-called ``digital divide''--in 1995. More 
recently, the Department issued a July 2000 report, entitled 
Falling Through the Net: Toward Digital Inclusion, which found 
that African-Americans, Hispanics, and other traditional 
``have-not'' groups were experiencing an access disparity that 
persisted and, in some cases, widened in recent years. Whites 
were more likely to have access to the Internet from home than 
African-Americans or Hispanics from any location, with African-
American and Hispanic households approximately one-third as 
likely as a household of Asian/Pacific Islander descent to have 
Internet access and roughly two-fifths as likely as white 
households. The 2000 report also found that the gap appeared to 
be growing wider, with the digital divide increasing slightly 
for African-Americans and Hispanics from their December 1998 
rates.
    The digital divide series prompted the National Association 
for Equal Opportunity in Higher Education (NAFEO), a non-profit 
public policy and advocacy group, to assess the computing 
resources, networking and connectivity of its member 
universities. Of NAFEO's 118 member institutions, 80 
Historically Black Colleges and Universities (HBCUs) provided 
input into the study, known as the HBCU Technology Assessment 
Study. Funded by the U.S. Department of Commerce, the study 
found that 88 percent of HBCUs had access to T-1 lines--
approximately 1.5 million bits per second (Mb/s)--the minimum 
standard for connectivity and generally considered insufficient 
to support capabilities beyond Internet and World Wide Web 
connectivity for an institution of any size. Larger bandwidth, 
for faster connections and more web-based applications, was 
available to half of reporting institutions.
    The larger problem turned out not to be the availability of 
networking capacity, but rather its use. Only 7.5 percent 
reported using the high-speed lines even though they were 
available at half the institutions. Similarly, of the 29 
percent of HBCUs with access to wireless technology, only 43 
percent were using it. Although it was not clear why many HBCUs 
weren't using the high-speed connections available to them, 
some speculated that it had to do with finances, lack of 
strategic planning, faculty motivation, and training. The study 
also found that none of the participating HBCUs required 
undergraduate students to own computers and only 15 percent 
recommended student computer ownership. As a result, the vast 
majority of HBCU students relied on institutional resources to 
connect to the Internet, World Wide Web or other networks, yet 
only 50 percent of the respondents reported providing ``on-
demand'' student access to computing resources.
    Although the report did not examine the need for an 
improved technology infrastructure at other minority-serving 
institutions (MSIs), anecdotal evidence suggests that the 
problems at other MSIs mirror those at the HBCUs.
    MSIs play a unique role in the education of our diverse 
American workforce. According to recent reports, 21 percent of 
all college degrees and certificates awarded to African-
American, American Indian and Hispanic students are conferred 
by MSIs. MSIs also help underrepresented students succeed in 
all disciplines, and science, mathematics, and engineering in 
particular. For example, of African-Americans earning 
bachelor's degrees in science, math, engineering or technology 
fields in 1996, 31 percent received them at HBCUs. Similarly, 
Hispanic-Serving Institutions produced 20 percent of all 
science, math, engineering or technology bachelor's degrees 
awarded to Hispanics in 1996.
    MSIs have special expertise in serving their communities, 
which include large numbers of low-income or first-generation 
college students. Unlike other, larger institutions of higher 
education, however, MSIs typically have small or nonexistent 
endowments and few wealthy alumni. As a result, the ability to 
finance the acquisition and maintenance of the technology that 
will prepare these students for the workforce is especially 
challenging for many MSIs.
    This Act seeks to address the concerns above and provides 
funding to assist minority-serving institutions in acquiring, 
and augmenting their use of, digital and wireless networking 
technologies to improve the quality and delivery of educational 
services at their institutions. In particular, the Act is 
focused on funding activities that will improve the technology 
skills of students, faculty and administrators and narrow the 
disparity in access to technology.

                          III. Hearing Summary

    During the 108th Congress, the Subcommittee on Research of 
the Committee on Science held a hearing to examine the unmet 
technology infrastructure needs of minority-serving 
institutions (MSIs). Invited witnesses provided comments on and 
made recommendations foradditions to H.R. 2183, the Minority 
Serving Institution Digital and Wireless Technology Opportunity Act of 
2003. This legislation, introduced by Representative J. Randy Forbes, 
was the predecessor to H.R. 921 in the 109th Congress.
    Specifically, on July 9, 2003, the Subcommittee received 
testimony from Senator George Allen, sponsor of S. 196, the 
Senate companion to H.R. 2183, and Representative Edolphus 
Towns, sponsor of H.R. 2272, similar bipartisan legislation 
introduced in the House of Representatives. The Subcommittee 
also heard testimony from representatives of MSIs and 
associations of such institutions, including the National 
Association for Equal Opportunity in Higher Education, the 
Hispanic Association of Colleges and Universities, and the 
United Negro College Fund. These witnesses discussed the 
technology infrastructure needs at MSIs as well as efforts by 
such institutions to address them. Finally, the Subcommittee 
heard from then National Science Foundation (NSF) Director, Dr. 
Rita Colwell. Dr. Colwell described her agency's efforts to 
expand access to women and minorities in science, mathematics, 
engineering and technology education and research and announced 
a new initiative to provide outreach to MSIs. She also 
expressed opposition to the bill's placement of the program at 
NSF.

                         IV. Committee Actions

    After the hearing in the 108th Congress, Representatives J. 
Randy Forbes and Edolphus Towns reintroduced the modified text 
of H.R. 2183 as H.R. 2801, the Minority Serving Institution 
Digital and Wireless Technology Opportunity Act of 2003, a bill 
to build the technology infrastructure at MSIs.
    On July 22, 2003, the Full Committee on Science met to 
consider H.R. 2801. A clarifying amendment, which provided that 
instruction in science, mathematics, engineering and technology 
subjects should be among those in which educators are able to 
receive training in the use of technology, was offered by 
Chairman Boehlert. The amendment was adopted by voice vote. An 
amendment was offered by Ms. Woolsey, on behalf of Ms. Johnson, 
to express the Sense of the Congress on the contributions of 
African American mathematicians, scientists and inventors. The 
amendment was adopted by voice vote. An amendment was offered 
by Mr. Honda to create a new category of minority institutions 
for Asian Americans. By unanimous consent, Mr. Honda withdrew 
the amendment. Mr. Hall moved that the Committee favorably 
report the bill, H.R. 2801, as amended, with the recommendation 
that the bill as amended do pass, that the staff be instructed 
to make technical and conforming changes to the bill as amended 
and prepare the legislative report, and that the Chairman take 
all necessary steps to bring the bill before the House for 
consideration. With a quorum present, the motion was agreed to 
by voice vote.
    On November 14, 2004, the Committee on Science reported the 
bill, as amended, and filed the report (108-789). No further 
action was taken prior to the adjournment of the 108th 
Congress.
    On February 17, 2005, Representatives J. Randy Forbes and 
Edolphus Towns reintroduced the Minority Serving Institution 
Digital and Wireless Technology Opportunity Act of 2005 as H.R. 
921.
    The full Committee on Science met on May 4, 2005 to 
consider H.R. 921. The bill was ordered reported, favorably, 
without amendment by unanimous consent.

               V. Summary of Major Provisions of the Bill

     Establishes the Minority Serving Institution 
Digital and Wireless Technology Opportunity Program within the 
Technology Administration of the Department of Commerce to 
assist MSIs in acquiring and augmenting their use of networking 
and information technology. Funds may be used to acquire 
equipment; develop and provide training, education and 
professional development programs related to the use of 
technology; provide teacher education, including pre-service 
and in-service professional development, library and media 
specialist training and pre-school and teacher aid 
certification in technology; obtain technical assistance; and 
foster the use of technology to improve research and education.
     Establishes an Advisory Council, composed of 
representatives of MSIs, minority businesses and others with 
expertise in technology, to help encourage maximum 
participation among eligible institutions in the program.
     Establishes review panels, selected by the Under 
Secretary, with, among others, representatives of MSIs and 
others who are knowledgeable about MSIs and technology issues, 
to judge the quality and merit of the proposals, including the 
extent to which the institution can effectively use the funds. 
Requires the Under Secretary to consider the recommendations of 
a review panel in determining whether to award or deny funds.
     Requires matching funds of 25 percent or $500,000, 
whichever is less, for institutions with endowments of more 
than $50,000,000. Requires awards to be granted on a priority 
basis to those with a demonstrated need for assistance and, to 
the extent practicable, to all types of institutions eligible 
for assistance.
     Requires institutions to report annually to the 
Under Secretary on their use of the funds.
     Requires the Under Secretary to contract with the 
National Academy of Public Administration to conduct an 
independent assessment once every three years on the 
effectiveness of the program in improving the education and 
training as well as access to and familiarity with technology 
for students, faculty and staff. Also requires recommendations 
on the continuing need for federal support. Upon completion, 
requires the results of the independent assessment to be 
transmitted to the Congress.
     Authorizes $250 million for fiscal year 2006 and 
all subsequent years through fiscal year 2010.

         VI. Section-by-Section Analysis (by Title and Section)


Section 1. Short title

    The ``Minority Serving Institution Digital and Wireless 
Technology Opportunity Act of 2005.''

Section 2. Establishment of program

    Establishes a Minority Serving Institution Digital and 
Wireless Technology Opportunity Program within the Technology 
Administration of the Department of Commerce to assist eligible 
institutions in acquiring, and augmenting the use of, digital 
and wireless networking technologies to improve the quality and 
delivery of educational services at minority-serving 
institutions (MSIs).
    Funds may be used to (1) acquire equipment, 
instrumentation, networking capability, hardware and software, 
digital network technology, wireless technology, and 
infrastructure; (2) develop and provide digital and wireless 
networking technology training, education and professional 
development; (3) acquire capacity-building technical assistance 
through remote technical support, workshops, and distance 
learning services; and (4) foster the use of digital and 
wireless networking technology to improve research and 
education.
    Requires applicants to describe any technology to be 
acquired and how the applicant will ensure that the technology 
will be made available to students, faculty and administrators. 
Requires the Under Secretary, consistent with the 
recommendations of a review panel and in consultation with the 
advisory panel, to establish other application requirements.
    Requires the establishment of an advisory council, which 
must include representatives of minority institutions, minority 
businesses and technology experts, to help the Under Secretary 
encourage maximum participation by eligible institutions and to 
provide advice on the procedures to review applications. 
Requires the establishment of review panels, which must include 
representatives of MSIs and others who are knowledgeable about 
MSIs and technology issues, to judge the quality and merit of 
proposals and the extent to which they can effectively and 
successfully utilize the funds. Requires the Under Secretary to 
take into consideration the recommendations of a review panel 
in awarding grants. Requires the Under Secretary to convene an 
annual meeting of MSIs receiving grants to foster collaboration 
and capacity building.
    Requires a non-federal match equal to 25 percent of the 
grant or $500,000, whichever is less, for institutions with an 
endowment of more than $50,000,000. Limits institutions that 
receive grants that exceed $2,500,000 from receiving another 
grant during the authorization.
    Allows MSIs to seek funds as part of a consortium, but 
requires grants to be awarded to the MSIs only. Allows grants 
for developing strategic plans. Requires a priority in funding 
for institutions with the greatest need for assistance and 
requires that awards are made to all types of eligible 
institutions.
    Requires institutions to report annually to the Under 
Secretary on their use of the funds. Requires the Under 
Secretary to contract with the National Academy of Public 
Administration to conduct an independent assessment once every 
three years on the effectiveness of the program in improving 
education and training, as well as access to, and familiarity 
with technology for students, faculty and staff. Also requires 
recommendations on the continuing need for federal support. 
Upon completion, requires the results of the independent 
assessment to be transmitted to the Congress.
    Defines terms.

Section 3. Authorization of appropriations

    Authorizes $250 million for fiscal year 2006 and each year 
through fiscal year 2010.

                          VII. Committee Views

    The Committee believes that our continued economic growth 
and competitiveness depends in large part on advances in 
science and technology and our ability to produce a 
technologically sophisticated workforce. Yet the Committee has 
concluded that, despite the growing federal investment in 
programs designed to strengthen MSIs, the disparity in access 
to, and use of, technology between MSIs and other institutions 
of higher education limits the ability of MSIs to graduate 
technically literate students and contribute positively to the 
fields of science, mathematics, engineering and technology.
    The program authorized by this Act is designed not only to 
acquire technology but also to ensure that the new technology 
is used to improve education. In addition, this Act provides 
opportunities for MSIs to determine the best strategies to 
build and maintain their technology infrastructures through 
annual meetings with other grantees.
    As the bill was initially conceived during the 108th 
Congress, the program was placed at the National Science 
Foundation (NSF). The Committee strongly opposed that placement 
because the mission of the agency does not include the 
acquisition of technology that is unrelated to scientific 
research. Moreover, the Committee was also concerned that the 
placement of the program at NSF would put other education and 
outreach programs at risk, including those designed to increase 
the participation of women and minorities in the sciences. The 
Committee believes placement of the program within the 
Technology Administration at the Department of Commerce, as 
reflected in H.R. 921 and its 108th Congress predecessor, H.R. 
2801, as amended, is a better fit.
    While the Committee believes that the Minority Serving 
Institution Digital and Wireless Technology Act of 2005 will 
help provide important seed money to address thetechnology 
needs of MSIs, the legislation itself is not a ``silver bullet.'' The 
Committee recognizes that the effective use of technology in 
educational settings is expensive. It will take a coordinated effort-
one that involves institutions, governments, and the private sector-to 
motivate and train more students to bridge the technology divide. To 
that end, the Committee urges MSIs to adopt and implement strategies 
that have been successful-such as working in collaboration with 
businesses and other institutions of higher education-to use its 
technology resources efficiently and maintain its infrastructure in an 
appropriate manner. For that reason, the Committee included the 
development of a long-term strategic plan for the acquisition and use 
of technology as an allowable use of funds under this program and urges 
MSIs to take advantage of this provision to ensure that limited 
resources are used effectively.
    The Committee anticipates that many MSIs receiving grants 
under this program will use the funds to acquire 
instrumentation, enhance infrastructure and/or strengthen 
existing digital wireless networking technology at their 
institutions, but expects such funds to also be used to improve 
teaching and learning for students, faculty and administrators. 
In particular, the Committee emphasizes the special 
contribution that technology can make in strengthening academic 
programs, including mathematics, science, engineering and 
technology and teacher preparation, at eligible institutions.
    For the purposes of the application and review procedures, 
the Committee expects the Under Secretary to ensure that 
members of review panels include representatives of MSIs and 
others who are knowledgeable about the technology needs of the 
eligible institutions. The Committee believes that the review 
panels should include individuals who are conversant with the 
particular mission of MSIs. In so doing, the Committee hopes to 
encourage greater participation among MSIs and their 
representatives on the review panel and in the program, while 
guarding against conflicts of interest.
    The Committee believes that the review panels serve an 
important role in providing advice to the Under Secretary about 
the quality and merit of an application submitted by MSIs. To 
ensure that the Under Secretary receives the best possible 
advice, it is the Committee's view that these panels should 
include a diverse range of experts knowledgeable about both the 
technology being sought and the implementation of this 
technology at education institutions. For that reason, the 
Committee expects the membership on these panels to include (in 
addition to representatives of minority-serving institutions) 
experts in information technology education and training, 
hardware, networking, both in academic and industrial settings; 
and Chief Information Officers from academic institutions and 
industry.
    The Committee requires the Under Secretary to convene an 
annual meeting of grantees. It is the Committee's view that 
this should serve as an opportunity not just to foster 
collaboration and capacity building, as required by the 
program, but also to build relationships between the Department 
of Commerce and the MSI community.
    With respect to the matching requirement, the Committee 
urges all applicants-including those with little or no 
endowment-to seek additional funds from non-federal sources, 
including business, to maximize the investment in technology 
and technology education at their institution. The Committee 
believes this is important to maintaining the technological 
edge of the recipient institutions and to keeping students and 
faculty current after the Federal contribution expires. Yet, 
the Committee appreciates the financial circumstances of many 
MSIs and, for that reason, waives the required match for those 
with an endowment equal to or less than $50 million.
    In making awards, the Committee seeks to ensure that all 
eligible institutions are able to share in the federal funding. 
For that reason, the Committee limited the number of grant 
funds in excess of $2.5 million that any one institution could 
receive during the five-year authorization. It is not the 
Committee's intention to establish a maximum grant. Rather, the 
Committee seeks to ensure that the full range of MSIs--urban 
and rural, public and private, two-year and four-year--are able 
to compete effectively for grants under this program, with 
priority given to institutions with a demonstrated need for 
assistance.
    Because there is not sufficient data on how best to help 
MSIs catch up to other institutions of higher education, the 
Committee believes that accurate reporting on the use of funds 
is an important requirement of the program. Therefore, each 
grantee must annually report on its use of the grant, and the 
Under Secretary must contract with the National Academy of 
Public Administration to conduct an independent assessment of 
the program. The Committee expects these reports both to inform 
the efforts of MSIs and other institutions of higher education 
on how best to improve access to technology and to evaluate the 
effectiveness of the program in improving education and 
training at MSIs.
    The Committee recognizes that other institutions of higher 
education with unmet technology needs also serve statistically 
significant numbers and percentages of minority and low-income 
students and appreciates the fact that the digital divide 
includes disparities in socioeconomic status and educational 
attainment. For that reason, the Committee was careful to 
include so called ``majority-minority institutions,'' or 
institutions with large low-income minority populations that 
otherwise do not qualify as a HBCU, HSI, or Tribal Serving 
Institution among those institutions that are eligible for 
assistance under this program.
    In addition, the Committee acknowledges that some Members 
are interested in establishing additional categories of 
minority populations, such as Asian Americans, for the purposes 
of this program. While recognizing that some minority groups, 
like Asian Americans, are an important part of our society, the 
Committee was disinclined to include them as a new category 
under this program because too little data was available on the 
number of low-income Asian American students at institutions of 
higher education and the types of institutions that may benefit 
from this new designation. To that end, the Committee directs 
the Under Secretary, in consultation with the Department of 
Education, to determine the number of institutions serving 
significant Asian American populations. The Committee stresses 
that race is but one factor in determining the eligibility of 
an institution under this Act and seeks to ensure that Federal 
funds are not inappropriately targeted to otherwise wealthy, 
digitally well-connected institutions.

                          VIII. Cost Estimate

    A cost estimate and comparison prepared by the Director of 
the Congressional Budget Office under section 402 of the 
Congressional budget Act of 1974 has been timely submitted to 
the Committee on Science prior to the filing of this report and 
is included in Section X of this report pursuant to House rule 
XIII, clause 3(c)(3).
    H.R. 921 does not contain new budget authority, credit 
authority, or changes in revenues or tax expenditures. Assuming 
that the sums authorized under the bill are appropriated, H.R. 
921 does authorize additional discretionary spending, as 
described in the Congressional Budget Office report on the 
bill, which is contained in Section X of this report.

             IX. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 11, 2005.
Hon. Sherwood L. Boehlert,
Chairman, Committee on Science,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 921, the Minority 
Serving Institution Digital and Wireless Technology Opportunity 
Act of 2005.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mike Waters.
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 921--Minority Serving Institution Digital and Wireless Technology 
        Opportunity Act of 2005

    Summary: H.R. 921 would create a new grant program within 
the Technology Administration of the Department of Commerce for 
educational institutions that serve minority students. Eligible 
institutions could use the funds to improve instructional 
capabilities and infrastructure related to digital and wireless 
technologies. The bill would authorize the appropriation of 
$250 million for each of fiscal years 2006 through 2010 for 
this program and would require grant recipients to provide 
matching funds under certain conditions. The Under Secretary of 
Commerce for Technology would administer the new Minority 
Serving Institution Digital and Wireless Technology Opportunity 
Program with guidance from a special advisory council.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 921 would cost $823 million 
over the 2006-2010 period. CBO estimates that enacting this 
bill would have no effect on direct spending or revenues.
    H.R. 921 contains no intergovernmental or private-sector 
mandates as defined by the Unfunded Mandates Reform Act (UMRA); 
any costs to state, local, or tribal governments would result 
from complying with the conditions of federal assistance.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 921 is shown in the following table. 
For this estimate, CBO assumes that the amounts authorized will 
be appropriate near the start of each fiscal year and that 
outlays will occur at rates similar to other educational grant 
programs. The costs of this legislation fall within budget 
function 370 (commerce and housing credit).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2006    2007    2008    2009    2010
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level.............     250     250     250     250     250
Estimated Outlays...............      30     130     200     228     235
------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 921 
contains no intergovernmental or private-sector mandates as 
defined by UMRA. The bill would benefit eligible institutions 
of higher education by authorizing $250 million per year, for 
fiscal years 2006 through 2010, to strengthen their capacity to 
provide instruction in digital and wireless networking 
technologies. Public institutions could apply for and receive 
these grants; any costs they incur would result from complying 
with conditions of federal assistance.
    Previous CBO estimate: On April 27, 2005, CBO transmitted a 
cost estimate for S. 432, an identically titled bill, as 
ordered reported by the Senate Committee on Commerce, Science, 
and Transportation on April 14, 2005. The two versions of the 
legislation are similar and would authorize the same amount of 
appropriations. H.R. 921 would place the implementation of the 
program within the Department of Commerce while the Senate bill 
would establish an entirely new office within the National 
Science Foundation.
    Estimate prepared by: Federal Costs: Michael Waters. Impact 
on State, Local, and Tribal Governments: Lisa Ramirez-Branum. 
Impact on the Private Sector: Craig Cammarata.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                  X. Compliance With Public Law 104-4

    H.R. 921 contains no unfunded mandates.

          XI. Committee Oversight Findings and Recommendations

    The Committee on Science's oversight findings and 
recommendations are reflected in the body of this report.

       XII. Statement on General Performance Goals and Objectives

    Pursuant to clause (3)(c) of House rule XIII, the goals of 
H.R. 921 are to assist minority serving institutions in 
acquiring, and augmenting their use of, digital and wireless 
networking technologies to improve the quality and delivery of 
educational services at their institutions.
    The Committee requires that all of the programs authorized 
under the Minority Serving Institution Digital and Wireless 
Networking Opportunity Act of 2005 be awarded on a competitive 
basis. Informed by the recommendations of a review panel, this 
process is expected to ensure that funds are awarded to build 
the technology infrastructure at the full range of minority 
serving institutions, with a priority for demonstrated need for 
assistance. While improving the technology infrastructure is a 
key component of this legislation, it is imperative that this 
technology be used to improve the teaching and learning of 
students, faculty and administrators. In fact, all efforts to 
acquire this technology should be supported with parallel 
efforts to use such technology to improve the quality and 
delivery of educational services at the minority serving 
institutions.
    Given the limited amount of data on the specific technology 
needs of many minority serving institutions--and the 
significant investment authorized by this program--the bill 
requires all minority serving institutions receiving assistance 
under this program to be subjected to a rigorous assessment and 
evaluation of how the money is spent in order to collect and 
disseminate information on best practices.

                XIII. Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 921.

               XIV. Federal Advisory Committee Statement

    The functions of the advisory committee established by H.R. 
921 are not currently being nor could they be performed by one 
or more agencies or by enlarging the mandate of another 
existing advisory committee.

                  XV. Congressional Accountability Act

    The Committee finds that H.R. 921 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

      XVI. Statement on Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any state, local, or 
tribal law.

      XVII. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

  SECTION 5 OF THE STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980


SEC. 5. COMMERCE AND TECHNOLOGICAL INNOVATION.

  (a) * * *

           *       *       *       *       *       *       *

  (g) Minority Serving Institution Digital and Wireless 
Technology Opportunity Program.--
          (1) In general.--The Secretary, acting through the 
        Under Secretary, shall establish a Minority Serving 
        Institution Digital and Wireless Technology Opportunity 
        Program to assist eligible institutions in acquiring, 
        and augmenting their use of, digital and wireless 
        networking technologies to improve the quality and 
        delivery of educational services at eligible 
        institutions.
          (2) Authorized activities.--An eligible institution 
        may use a grant, cooperative agreement, or contract 
        awarded under this subsection--
                  (A) to acquire equipment, instrumentation, 
                networking capability, hardware and software, 
                digital network technology, wireless 
                technology, and infrastructure to further the 
                objective of the Program described in paragraph 
                (1);
                  (B) to develop and provide training, 
                education, 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 in-service professional development at 
                eligible institutions, library and media 
                specialist training, and preschool and teacher 
                aid certification to individuals who seek to 
                acquire or enhance technology skills in order 
                to use digital and wireless networking 
                technology in the classroom or instructional 
                process, including instruction in science, 
                mathematics, engineering, and technology 
                subjects;
                  (D) to obtain capacity-building technical 
                assistance, including through remote technical 
                support, technical assistance workshops, and 
                distance learning services; and
                  (E) to foster the use of digital and wireless 
                networking technology to improve research and 
                education, including scientific, mathematics, 
                engineering, 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 Secretary at 
                such time, in such manner, and containing 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 acquired, 
                and a description of how the institution will 
                ensure that digital and wireless networking 
                will be made accessible to, and employed by, 
                students, faculty, and administrators. The 
                Under Secretary, consistent with subparagraph 
                (C) and in consultation with the advisory 
                council established under subparagraph (B), 
                shall establish procedures to review such 
                applications. The Under Secretary shall publish 
                the application requirements and review 
                criteria in the Federal Register, along with a 
                statement describing the availability of funds.
                  (B) Advisory council.--The Under Secretary 
                shall establish an advisory council to advise 
                the Under Secretary on the best approaches to 
                encourage maximum participation by eligible 
                institutions in the program established under 
                paragraph (1), and on the procedures to review 
                proposals submitted to the program. In 
                selecting the members of the advisory council, 
                the Under Secretary shall consult with 
                representatives of appropriate organizations, 
                including representatives of eligible 
                institutions, to ensure that the membership of 
                the advisory council includes representatives 
                of minority businesses and eligible institution 
                communities. The Under Secretary shall also 
                consult with experts in digital and wireless 
                networking technology to ensure that such 
                expertise is represented on the advisory 
                council.
                  (C) Review panels.--Each application 
                submitted under this subsection by an eligible 
                institution shall be reviewed by a panel of 
                individuals selected by the Under Secretary to 
                judge the quality and merit of the proposal, 
                including the extent to which the eligible 
                institution can effectively 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 serving 
                institutions and others who are knowledgeable 
                about eligible institutions and technology 
                issues. The Under Secretary shall ensure that 
                no individual assigned under this subsection to 
                review any application has a conflict of 
                interest with regard to that application. 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.
                  (D) Information dissemination.--The Under 
                Secretary shall convene an annual meeting of 
                eligible institutions receiving grants, 
                cooperative agreements, or contracts under this 
                subsection to foster collaboration and 
                capacity-building activities among eligible 
                institutions.
                  (E) Matching requirement.--The Under 
                Secretary may not award a grant, cooperative 
                agreement, or contract to an eligible 
                institution under this subsection unless such 
                institution agrees that, with respect to the 
                costs incurred by the institution in carrying 
                out the program for which the grant, 
                cooperative agreement, or contract was awarded, 
                such institution shall make available, 
                directly, or through donations 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 Secretary shall 
                waive the matching requirement for any 
                institution or consortium with no endowment, or 
                an endowment that has a current dollar value 
                lower than $50,000,000.
                  (F) Awards.--
                          (i) Limitation.--An eligible 
                        institution that receives a grant, 
                        cooperative agreement, or contract 
                        under this subsection that exceeds 
                        $2,500,000 shall not be eligible to 
                        receive another grant, cooperative 
                        agreement, or contract.
                          (ii) Consortia.--Grants, cooperative 
                        agreements, and contracts may only be 
                        awarded to eligible institutions. 
                        Eligible institutions may seek funding 
                        under this subsection for consortia 
                        which may include other eligible 
                        institutions, a State or a State 
                        education agency, local education 
                        agencies, institutions of higher 
                        education, community-based 
                        organizations, national nonprofit 
                        organizations, or businesses, including 
                        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 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.
                  (G) 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 
                        Secretary shall enter into a contract 
                        with the National Academy of Public 
                        Administration to conduct periodic 
                        assessments of the program. The 
                        Assessments shall be conducted once 
                        every 3 years during the 10-year period 
                        following the enactment of this 
                        subsection. The assessments shall 
                        include an evaluation of the 
                        effectiveness of the program in 
                        improving the education and training of 
                        students, faculty and staff at eligible 
                        institutions that have been awarded 
                        grants, cooperative agreements, or 
                        contracts under the program; an 
                        evaluation of the effectiveness of the 
                        program in improving access 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 paragraph 
                        (3)(A); and recommendations 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 reports 
                        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 implement 
                        the recommendations of the National 
                        Academy of Public Administration.
                  (H) Definitions.--In this subsection:
                          (i) Digital and wireless networking 
                        technology.--The term ``digital and 
                        wireless networking technology'' means 
                        computer and communications equipment 
                        and software that facilitates the 
                        transmission of information in a 
                        digital format.
                          (ii) Eligible institution.--The term 
                        ``eligible institution'' means an 
                        institution 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)), an institution 
                                described in section 
                                326(e)(1)(A), (B), or (C) of 
                                that Act (20 U.S.C. 
                                1063b(e)(1)(A), (B), or (C)), 
                                or a consortium of institutions 
                                described in this subparagraph;
                                  (II) a Hispanic-serving 
                                institution, 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 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));
                                  (V) a Native Hawaiian-serving 
                                institution under section 
                                317(b) of the Higher Education 
                                Act of 1965 (20 U.S.C. 
                                1059d(b)); or
                                  (VI) an institution of higher 
                                education (as defined in 
                                section 365 of the Higher 
                                Education Act of 1965 (20 
                                U.S.C. 1067k)) with an 
                                enrollment of needy students 
                                (as defined in section 312(d) 
                                of the Higher Education Act of 
                                1965 (20 U.S.C. 1058(d)).
                          (iii) Institution of higher 
                        education.--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 
                        section 3(p) of the Small Business Act 
                        (15 U.S.C. 632(p)).
                          (vi) Minority individual.--The term 
                        ``minority individual'' means an 
                        American Indian, Alaskan Native, Black 
                        (not of Hispanic origin), Hispanic 
                        (including persons of Mexican, Puerto 
                        Rican, Cuban and Central or South 
                        American origin), or Pacific Islander 
                        individual.
                          (vii) State.--The term ``State'' has 
                        the meaning given the term in section 
                        9101 of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 7801).
                          (viii) State educational agency.--The 
                        term ``State 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).

                    XVIII. Committee Recommendations

    On May 4, 2005, a quorum being present, the Committee on 
Science favorably reported the Minority Serving Institution 
Digital and Wireless Technology Opportunity Act of 2005, by 
unanimous consent, and recommended its enactment.



  XIX. PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 921, MINORITY 
SERVING INSTITUTION DIGITAL AND WIRELESS TECHNOLOGY OPPORTUNITY ACT OF 
                                  2005

                              ----------                              


                         WEDNESDAY, MAY 4, 2005

                  House of Representatives,
                                      Committee on Science,
                                                    Washington, DC.

    The Committee met, pursuant to call, at 10:17 a.m., in Room 
2318 of the Rayburn House Office Building, Hon. Sherwood L. 
Boehlert [Chairman of the Committee] presiding.
    Chairman Boehlert. Good morning. The Committee on Science 
will come to order.
    Pursuant to notice, the Committee on Science meets to 
consider the following measures: H.R. 921, Minority Serving 
Institution Digital and Wireless Technology Opportunity Act of 
2005; H.R. 1674, U.S. Tsunami Warning and Education Act; and 
H.R. 250, Manufacturing Technology Competitiveness Act of 2005. 
I ask unanimous consent for the authority to recess the 
Committee at any point during consideration of these matters. 
And without objection, that is so ordered.
    We will now proceed with the markup, beginning with opening 
statements, and I will launch it.
    I want to welcome everyone to this important markup. As 
usual, we have before us bills that represent bipartisan 
efforts to come up with practical solutions to real problems. 
These bills will advance education, protect our Nation and 
others from natural disasters, enhance research and 
environmental protection, and strengthen our economy. Not bad 
for one morning's work.
    And I would add that while we are marking up these bills, 
we are also working behind the scenes on our portions of the 
Homeland Security reauthorization bill that was reported out of 
the Homeland Committee last week.
    Let me talk briefly now about each of the bills before us 
to save time later.
    First up is Mr. Forbes' bill to help minority serving 
institutions get the information technology equipment they 
need. This bill is identical to the version this committee 
approved last year, and the bill must also go through the 
Education and Workforce Committee. To move the bill forward 
swiftly, both sides of the aisle here have agreed to simply 
move the bill this morning by unanimous consent.
    I think the bill will provide needed assistance to 
educational institutions that are essential to our efforts to 
develop more scientists and engineers from under-represented 
groups. And I think our version of the bill, which places the 
program in the Department of Commerce rather than the National 
Science Foundation, matches the program with the appropriate 
agency for carrying it out.
    Our second bill will be the one I have introduced with 
Representative Inslee to ensure that the Nation and the world 
are better prepared to detect and respond to tsunamis. We all 
watched with horror last December as the Indian Ocean tsunami 
wreaked its devastation. Much of the death that occurred could 
have been avoided.
    We have an obligation to learn more about tsunamis through 
research, to improve our ability to detect tsunamis and issue 
warnings about them, and to improve tsunami preparation and 
education so that we can limit damage and know what to do when 
the warnings come. This bill will improve research, detection, 
and education, and significantly, sets aside a proportion of 
appropriated funds for each of these essential activities.
    The basis of this bill was the Administration's plan. The 
Administration is to be congratulated for its swift, 
thoughtful, and comprehensive response to last December's 
events. We then built on the Administration's proposal, 
following the guidance we received during our January hearing. 
As a result, the bill stresses and ensures funding for tsunami 
preparation and education. And we also press for tsunami 
detection to be integrated as much as possible with other 
Earth- and ocean-observing systems.
    Finally, we will take up Dr. Ehlers' manufacturing bill, 
which the House passed last year. I know that, as was the case 
last year, we will have some debate over adding to the bill 
ideas that may be worthy in themselves, the proposals, but that 
would guarantee the demise of the bill. That is something we 
don't want to do. I will oppose most of these amendments, which 
include authorizing--I don't say all of them, because I haven't 
seen all of them. I will oppose most of the amendments, which 
include authorizing the Advanced Technology Program, a program 
that I have always supported and continue to support. But I 
want to make--actually, I want to make progress on the bill in 
connection with manufacturing. That is especially important as 
we enter the budget season with appropriations likely to be 
more constrained than ever.
    And let me say at the outset that I don't want the 
amendment debate to obscure the broad, bipartisan support for 
the base bill, which the House passed last year by voice vote, 
no mean achievement given the political debate surrounding 
manufacturing last year.
    We were going to also do a markup--during the markup this 
morning of the NOAA authorization bill, but both we and the 
Democrats have brought up significant additional changes to the 
bill. We need some more time to talk those through. We will 
reschedule the markup of the NOAA bill swiftly, and I would 
hope we could do it as early as next week.
    So let me close by thanking my colleagues on both sides of 
the aisle for their contributions to these bills. As usual, we 
have beaten the odds and have worked out sensible, targeted, 
bipartisan measures.
    [The prepared statement of Chairman Boehlert follows:]
          Prepared Statement of Chairman Sherwood L. Boehlert
    I want to welcome everyone to this important markup. As usual, we 
have before us bills that represent bipartisan efforts to come up with 
practical solutions to real problems. These bills will advance 
education, protect our nation and others from natural disasters, 
enhance research and environmental protection and strengthen our 
economy. Not bad for one morning's work.
    And I would add that while we are marking up these bills, we are 
also working behind the scenes on our portions of the Homeland Security 
reauthorization bill that was reported out of the Homeland Committee 
last week.
    Let me talk briefly now about each of the bills before us today to 
save time later.
    First up is Mr. Forbes' bill to help minority serving institutions 
get the information technology equipment they need. This bill is 
identical to the version this committee approved last year, and the 
bill must also go through the Education and Workforce Committee. To 
move the bill forward swiftly, both sides of the aisle here have agreed 
to simply move the bill this morning by unanimous consent.
    I think the bill will provide needed assistance to educational 
institutions that are essential to our efforts to develop more 
scientists and engineers from under-represented groups. And I think our 
version of the bill, which places this program in the Department of 
Commerce rather than in the National Science Foundation, matches the 
program with the appropriate agency for carrying it out.
    Our second bill will be the bill I've introduced with 
Representative Inslee to ensure that the Nation and the world are 
better prepared to detect and respond to tsunamis. We all watched with 
horror last December as the Indian Ocean tsunami wreaked its 
devastation. Much of the death could have been avoided.
    We have an obligation to learn more about tsunamis through 
research, to improve our ability to detect tsunamis and issue warnings 
about them, and to improve tsunami preparation and education so that we 
can limit damage and know what to do when the warnings come. This bill 
will improve research, detection and education and, significantly, sets 
aside a proportion of appropriated funds for each of those essential 
activities.
    The basis of this bill was the Administration's plan. The 
Administration is to be congratulated for its swift, thoughtful and 
comprehensive response to last December's events. We then built on the 
Administration proposal, following the guidance we received in our 
January hearing. As a result, the bill stresses and ensures funding for 
tsunami preparation and education, and we also press for tsunami 
detection to be integrated, as much as possible, with other Earth- and 
ocean-observing systems.
    Finally, we will take up Dr. Ehlers' manufacturing bill, which the 
House passed last year. I know that, as was the case last year, we will 
have some debate over adding to the bill ideas that may be worthy in 
themselves, but that would guarantee the demise of this bill. I will 
oppose those amendments, which include authorizing the Advanced 
Technology Program, a program I have always supported and continue to 
support. But I want to actually make progress on manufacturing. That's 
especially important as we enter the budget season with appropriations 
likely to be more constrained than ever.
    And let me say at the outset that I don't want the amendment debate 
to obscure the broad, bipartisan support for the base bill, which the 
House passed last year by voice vote--no mean achievement given the 
political debate surrounding manufacturing last year.
    We were going to also mark up the NOAA organic act this morning, 
but both we and the Democrats have brought up significant additional 
changes to the bill. We need some more time to talk those through. We 
will reschedule the markup of the NOAA bill swiftly--perhaps as early 
as next week.
    So let me close by thanking my colleagues on both sides of the 
aisle for their contributions to these bills. As usual, we've beaten 
the odds and have worked out sensible, targeted, bipartisan measures.

    Mr. Gordon.
    Mr. Gordon. Thank you, Mr. Chairman.
    Let me first thank you for moving NOAA to a later date so 
that we can have a chance--I am sure that this is something 
that we can work out. And there is, I think, general agreement 
on both the minority and the majority on this bill.
    We are also pleased that the Committee is moving forward on 
its legislative agenda, and we look forward to continuing to 
work on a bipartisan basis on several major bills that we hope 
will be before the Committee shortly.
    Today, we are addressing three important legislative areas. 
We applaud the choice of topics and only question why the 
Committee has not chosen to legislate more aggressively in 
certain of these areas, especially manufacturing. We support 
H.R. 921, the Minority Serving Institution Digital and Wireless 
Technological Opportunity Act. The bill would provide grants to 
minority serving institutions for information technology 
upgrades and for training faculty and staff to use the 
technology effectively in support of their education and 
research activities. Minority serving institutions prepare a 
growing portion of the future science and technology workforce 
of the Nation, and it is important that these colleges and 
universities be able to provide a quality education for their 
students.
    H.R. 250, the Manufacturing Technology Competitiveness Act, 
is a start, but we need to make the bill's content live up to 
its title. Democratic Members of the Committee, once again, 
will be offering amendments to the MEP funding, workforce 
training, and technology innovation that would make the bill 
much stronger. Even if these pass, we will only have taken the 
first steps on one of the biggest problems of our day, and we 
hope we will have other opportunities this Congress to deal 
with the other aspects of this far-reaching problem.
    We are especially pleased that the Committee, in a 
bipartisan fashion, has so rapidly developed H.R. 1674, the 
United States Tsunami Warning and Education Act. The bill 
directs NOAA to expand the current tsunami warning system on 
two basins so that all U.S. coastal areas and territories will 
be covered by a buoy-based detection and warning system. The 
bill also directs NOAA to conduct a community-based tsunami 
hazard mitigation program to ensure coastal communities are 
prepared to act upon any warning issued by the tsunami warning 
centers and establish a tsunami research program. We 
enthusiastically support the bill. We feel that the funding 
levels for hazard mitigation and education programs are too 
low. Mr. Wu's amendment would correct this problem.
    Thank you, Mr. Chairman.
    [The prepared statement of Mr. Gordon follows:]
            Prepared Statement of Representative Bart Gordon
    We are pleased that the Committee is moving forward on its 
legislative agenda and we look forward to continuing to work on a 
bipartisan basis on several major bills that we hope will be before the 
Committee shortly.
    Today we are addressing four important legislative areas. We 
applaud the choice of topics and only question why the Committee has 
not chosen to legislate more aggressively in certain of these areas, 
especially manufacturing.
    We support H.R. 921, the Minority Serving Institution Digital and 
Wireless Technology Opportunity Act. The bill would provide grants to 
minority serving institutions for information technology upgrades and 
for training faculty and staff to use the technology effectively in 
support of their education and research activities. Minority serving 
institutions prepare a growing portion of the future science and 
technology workforce of the Nation, and it is important that these 
colleges and universities be able to provide a quality education for 
their students.
    H.R. 250, the Manufacturing Technology Competitiveness Act, is a 
start but we need to make the bill's contents live up to its title. 
Democratic Members of the Committee, once again, will be offering 
amendments on MEP funding, workforce training, and technology 
innovation that would make the bill much stronger. Even if these pass, 
we will only have taken first steps on one of the biggest problems of 
our day and we hope we will have other opportunities this Congress to 
deal with other aspects of this far-reaching problem.
    We are especially pleased that the Committee in a bipartisan 
fashion has so rapidly developed H.R. 1674, the United States Tsunami 
Warning and Education Act. The bill directs NOAA to expand the current 
tsunami warning system to basins so that all U.S. coastal areas and 
territories will be covered by a buoy-based detection and warning 
system. The bill also directs NOAA to conduct a community-based tsunami 
hazard mitigation program to ensure coastal communities are prepared to 
act upon any warnings issued by the tsunami warning centers and 
establishes a tsunami research program. We enthusiastically support the 
bill but feel that the funding levels for hazard mitigation and the 
education program are too low. Mr. Wu's amendment would correct this 
problem.

    Chairman Boehlert. Thank you.
    Without objection, Members may place opening statements in 
the record at this point.
    [The prepared statement of Mr. Forbes follows:]
          Prepared Statement of Representative J. Randy Forbes
    H.R. 921, the Minority Serving Institution Digital and Wireless 
Technology Opportunity Act of 2005, is intended to strengthen and 
upgrade the technological infrastructure at Minority Serving 
Institutions, enabling these institutions to offer students the same 
access as their peers at other institutions of higher learning.
    The Minority Serving Digital Institution and Wireless Technology 
Opportunity Act of 2005 would establish a new grant program that would 
provide up to $250 million to help Historically Black Colleges and 
Universities, Hispanic Serving Institutions, and Tribal Colleges bridge 
the digital divide. The grant program would be used to:

          Purchase digital and wireless network technologies 
        and infrastructure equipment for campus wiring, equipment 
        upgrades and hardware/software;

          Develop and provide technology education services, 
        including faculty and teacher education;

          Provide technical assistance through workshops, 
        distance learning and other technology applications;

          And foster the use of information communications 
        technology to increase engineering, math and science research.

    Sixty percent of all jobs require information technology skills and 
jobs in information technology pay significantly higher salaries than 
jobs in non-information technology fields. Today, Minority Serving 
Institutions lack the basic information and digital technology 
infrastructure needed to provide their students the necessary skills 
and access to compete and qualify for America's best paying jobs.
    According to a recent report from the Department of Commerce:

          No Historically Black College or Universities (HBCUs) 
        require computer ownership for their undergraduate students;

          13 of the 80 HBCUs that participated in the study 
        reported that no students owned computers (there are a total of 
        103 HBCUs);

          Over 70 percent of the students at HBUCs rely on the 
        universities to provide computers, however only 50 percent 
        provide students access to computers in computer laboratories, 
        libraries, classrooms or other locations;

          Only three percent of HBCUs have financial aid 
        available to help students close the computer ownership gap;

          One-third of the U.S. population uses the Internet at 
        home, while only 16.1 percent of Hispanics and 18.9 percent of 
        African Americans have Internet access at home.

    This legislation is about much more than just equality in 
education; it is about economic advancement and ensuring that America 
retains its edge in the math, science and technology fields--a 
critically important requirement in today's increasingly competitive 
economic environment.

    [The prepared statement of Ms. Johnson follows:]
       Prepared Statement of Representative Eddie Bernice Johnson
    Mr. Chairman, I would like to thank you for bringing this important 
legislation up today for a mark up. I am a proud co-sponsor of this 
legislation.
    Just as we passed this legislation last session, I am still very 
much in support of its intent. Minority serving institutions will 
prepare a growing portion of the future science and technology 
workforce, simply because demographics dictate that minority students 
will comprise a greater and greater share of the Nation's college-aged 
population.
    It is in the national interest to ensure that minority serving 
institutions have the capability to provide a quality education for 
their students. This includes the presence of an information 
infrastructure capable of supporting distance learning, research 
collaborations with partner institutions, and remote access to 
educational resources and national research facilities.
    Unfortunately, the capability does not exist at most minority 
serving institutions. A recent report from the National 
Telecommunications and Information Administration documents the 
deficiencies in the information infrastructure of these colleges and 
universities. Although most institutions have some Internet access, it 
is generally not the high-speed access necessary to support distance 
education and research applications. More troubling, half of these 
institutions have no plan in place for upgrading their information 
technology infrastructure. Since minority serving institutions have 
significantly smaller budgets than other higher education institutions, 
and therefore less money for information technology support and 
upgrades, they will inevitably fall further behind as the technology 
continues its rapid advance.
    The legislation up for markup today seeks to address this problem 
by providing grants to minority serving institutions for information 
technology upgrades and for training faculty and staff to use the 
technology effectively in support of their education and research 
activities.
    Mr. Chairman, I want to thank you for allowing this bill to come up 
for markup and for your intent to move the legislation expeditiously. I 
urge my colleagues to support its passage.

    [The prepared statement of Ms. Jackson Lee follows:]
        Prepared Statement of Representative Sheila Jackson Lee

Mr. Chairman,

    The bill before us today takes a critical step toward ensuring that 
all of our nation's young people have access to the education that will 
make them the leaders if tomorrow. I want to thank my colleague Mr. 
Forbes for reintroducing this needed piece of legislation. I am pleased 
to be a co-sponsor of this legislation just as I was in the 108th 
Congress. During that last Congress, I worked with Dr. Fred Humphries 
of NAFEO and Ms. Stephanie Myers to improve upon this legislation.
    It is good to see improving the computing infrastructure at our 
minority serving institutions (MSIs) getting the attention and 
expertise it deserves. This is an excellent piece of legislation that 
acknowledges the profound nature of the digital divide, and puts forth 
the resources necessary to start to bridge it. The digital divide 
separates the Nation's minority serving institutions from other 
universities, but more importantly, it separates them from the vast 
stores of information, of data archived around the world, and separates 
them from potential collaborators and students as well. I am pleased to 
see the Science Committee showing strong commitment to this worthy 
bill.
    Without excellent state-of-the-art computing and networking 
infrastructure, our HBCUs, tribal colleges, Hispanic universities, and 
those serving other minority groups, will never be able to place their 
students on the cutting edge, ready to take leadership positions in 
their respective fields. They will never be able to compete with richer 
universities for grant money for the big research programs. Of course, 
without that grant money, and without rich and powerful alumni, they 
will never be able to afford to purchase the infrastructure they need. 
We must break this cycle that is locking up the potential of these 
great institutions and their students.
    Better connectivity will also let the world tap into the great 
expertise and resources that have been generated in the HBCUs and other 
MSIs over the years.
    I am pleased that several provisions that I discussed with Dr. 
Humphries in hearings held during the last Congress here in the Science 
Committee were finally incorporated into this bill. Specifically, I am 
referring to the peer review provisions that will ensure that those 
people making decisions of what institutions receive grants, will have 
an appreciation and understanding of the challenges and capabilities of 
our nation's minority serving institutes.
    I hope that our colleagues here in the House display the same level 
of commitment to excellence in education and research as those here in 
the Science Committee, and will support the bill that comes out of this 
committee. If so, I am confident that this bill will enable our 
minority students and researchers to drive forward the march of science 
and technology, and not be left behind by it.
    Thank you.

    Chairman Boehlert. We will now consider H.R. 921, Minority 
Serving Institution Digital and Wireless Technology Opportunity 
Act of 2005.
    I ask unanimous consent that the Committee favorably report 
H.R. 921--oh, we are doing this one on the--got it. I ask 
unanimous consent that the Committee favorably report H.R. 921 
to the House with the recommendation that the bill do pass and 
that staff be instructed to prepare the legislative report and 
make necessary technical and conforming changes and that the 
Chairman take all of the necessary steps to bring the bill 
before the House for consideration.
    I also ask unanimous consent that Members have two 
subsequent calendar days in which to submit supplemental, 
minority, or additional views on the measure. I move pursuant 
to Clause 1 of Rule 22 of the Rules of the House of 
Representatives that the Committee authorize the Chairman to 
offer such motions as may be necessary in the House to adopt 
and pass H.R. 921. Without objection, so ordered.
    I want to thank the Members for their attendance and for 
their continued active participation in the deliberations of 
this committee.
    We are adjourned.
    [Whereupon, at 11:31 a.m., the Committee was adjourned.]

                               Appendix:

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                 H.R. 921, Section-by-Section Analysis



 Section-by-Section Analysis of H.R. 921, Minority Serving Institution 
        Digital and Wireless Technology Opportunity Act of 2005

Section 1. Short Title

    ``Minority Serving Institution Digital and Wireless Technology 
Opportunity Act of 2005.''

Section 2. Establishment of the Program

    Establishes the Minority Serving Institution Digital and Wireless 
Technology Opportunity Program within the Technology Administration of 
the Department of Commerce to assist minority-serving institutions 
(MSIs) in acquiring and augmenting their use of networking and 
information technology. Funds may be used to acquire equipment; develop 
and provide training, education and professional development programs 
related to the use of technology; provide teacher education, including 
pre-service and in-service professional development, library and media 
specialist training and pre-school and teacher aid certification in 
technology; obtain technical assistance; and foster the use of 
technology to improve research and education.
    Establishes an Advisory Council, comprised of representatives of 
MSIs, minority businesses and others with expertise in technology, to 
help encourage maximum participation in the program.
    Establishes a review panel, selected by the Under Secretary and 
includes representatives of MSIs and others who are knowledgeable about 
MSIs and technology issues, to judge the quality and merit of the 
proposals, including the extent to which the institution can 
effectively use the funds. The Under Secretary is required to consider 
the recommendations of the review panel in determining whether to award 
or deny funds.
    Requires institutions to report annually to the Under Secretary on 
their use of the funds.
    Requires the National Academy of Public Administration to conduct 
an independent assessment once every three years on the effectiveness 
of the program in improving the education and training as well as 
access to and familiarity with technology for students, faculty and 
staff. Also requires recommendations on the continuing need for federal 
support. Upon completion, requires the results of the independent 
assessment to be transmitted to the Congress.
    Defines terms.

Section 3. Authorization of Appropriations

    Authorizes $250 million for fiscal year 2006 and each of the 
following fiscal years through fiscal year 2010.