[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1841 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1841
To require the Assistant Secretary of Commerce for Communications and
Information to establish a State Digital Equity Capacity Grant Program,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 11, 2021
Mr. McNerney (for himself, Ms. Clarke of New York, and Mr. Torres of
New York) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To require the Assistant Secretary of Commerce for Communications and
Information to establish a State Digital Equity Capacity Grant Program,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Equity Act of 2021''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Adoption of broadband.--The term ``adoption of
broadband'' means the process by which an individual obtains
daily access to the internet--
(A) at a speed, quality, and capacity--
(i) that is necessary for the individual to
accomplish common tasks; and
(ii) such that the access qualifies as an
advanced telecommunications capability;
(B) with the digital skills that are necessary for
the individual to participate online; and
(C) on a--
(i) personal device; and
(ii) secure and convenient network.
(2) Advanced telecommunications capability.--The term
``advanced telecommunications capability'' has the meaning
given the term in section 706(d) of the Telecommunications Act
of 1996 (47 U.S.C. 1302(d)).
(3) Aging individual.--The term ``aging individual'' has
the meaning given the term ``older individual'' in section 102
of the Older Americans Act of 1965 (42 U.S.C. 3002).
(4) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(C) the Committee on Appropriations of the House of
Representatives; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(5) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(6) Community anchor institution.--The term ``community
anchor institution'' means a public school, a library, a
medical or healthcare provider, a community college or other
institution of higher education, a State library agency, and
any other nonprofit or governmental community support
organization.
(7) Covered household.--The term ``covered household''
means a household, the taxable income of which for the most
recently completed taxable year is not more than 150 percent of
an amount equal to the poverty level, as determined by using
criteria of poverty established by the Bureau of the Census.
(8) Covered populations.--The term ``covered populations''
means--
(A) individuals who live in covered households;
(B) aging individuals;
(C) incarcerated individuals, other than
individuals who are incarcerated in a Federal
correctional facility;
(D) veterans;
(E) individuals with disabilities;
(F) individuals with a language barrier, including
individuals who--
(i) are English learners; and
(ii) have low levels of literacy;
(G) individuals who are members of a racial or
ethnic minority group; and
(H) individuals who primarily reside in a rural
area.
(9) Covered programs.--The term ``covered programs'' means
the State Digital Equity Capacity Grant Program established
under section 4 and the Digital Equity Competitive Grant
Program established under section 5.
(10) Digital equity.--The term ``digital equity'' means the
condition in which individuals and communities have the
information technology capacity that is needed for full
participation in the society and economy of the United States.
(11) Digital inclusion.--The term ``digital inclusion''--
(A) means the activities that are necessary to
ensure that all individuals in the United States have
access to, and the use of, affordable information and
communication technologies, such as--
(i) reliable broadband internet service;
(ii) internet-enabled devices that meet the
needs of the user; and
(iii) applications and online content
designed to enable and encourage self-
sufficiency, participation, and collaboration;
and
(B) includes--
(i) obtaining access to digital literacy
training;
(ii) the provision of quality technical
support; and
(iii) obtaining basic awareness of measures
to ensure online privacy and cybersecurity.
(12) Digital literacy.--The term ``digital literacy'' means
the skills associated with using technology to enable users to
find, evaluate, organize, create, and communicate information.
(13) Disability.--The term ``disability'' has the meaning
given the term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(14) Eligible state.--The term ``eligible State'' means--
(A) with respect to planning grants made available
under section 4(c)(3), a State with respect to which
the Assistant Secretary has approved an application
submitted to the Assistant Secretary under section
4(c)(3)(C); and
(B) with respect to capacity grants awarded under
section 4(d), a State with respect to which the
Assistant Secretary has approved an application
submitted to the Assistant Secretary under section
4(d)(2), including approval of the State Digital Equity
Plan developed by the State under section 4(c).
(15) Gender identity.--The term ``gender identity'' has the
meaning given the term in section 249(c) of title 18, United
States Code.
(16) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(e)).
(17) Institution of higher education.--The term
``institution of higher education''--
(A) has the meaning given the term in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001);
and
(B) includes a postsecondary vocational
institution.
(18) Local educational agency.--The term ``local
educational agency'' has the meaning given the term in section
8101(30) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801(30)).
(19) Postsecondary vocational institution.--The term
``postsecondary vocational institution'' has the meaning given
the term in section 102(c) of the Higher Education Act of 1965
(20 U.S.C. 1002(c)).
(20) Rural area.--The term ``rural area'' has the meaning
given the term in section 601(b)(3) of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb(b)(3)).
(21) Socially and economically disadvantaged small business
concern.--The term ``socially and economically disadvantaged
small business concern'' has the meaning given the term in
section 8(a)(4) of the Small Business Act (15 U.S.C.
637(a)(4)).
(22) State.--The term ``State'' means--
(A) any State of the United States;
(B) the District of Columbia; and
(C) the Commonwealth of Puerto Rico.
(23) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 38, United States Code.
(24) Workforce development program.--The term ``workforce
development program'' has the meaning given the term in section
3 of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) a broadband connection and digital literacy are
increasingly critical to how individuals--
(A) participate in the society, economy, and civic
institutions of the United States; and
(B) access health care and essential services,
obtain education, and build careers;
(2) digital exclusion--
(A) carries a high societal and economic cost;
(B) materially harms the opportunity of an
individual with respect to the economic success,
educational achievement, positive health outcomes,
social inclusion, and civic engagement of that
individual; and
(C) exacerbates existing wealth and income gaps,
especially those experienced by covered populations;
(3) achieving digital equity for all people of the United
States requires additional and sustained investment and
research efforts;
(4) the Federal Government, as well as State, tribal,
territorial, and local governments, have made social, legal,
and economic obligations that necessarily extend to how the
citizens and residents of those governments access and use the
internet; and
(5) achieving digital equity is a matter of social and
economic justice and is worth pursuing.
SEC. 4. STATE DIGITAL EQUITY CAPACITY GRANT PROGRAM.
(a) Establishment; Purpose.--
(1) In general.--The Assistant Secretary shall establish in
the Department of Commerce the State Digital Equity Capacity
Grant Program (referred to in this section as the
``Program'')--
(A) the purpose of which is to promote the
achievement of digital equity, support digital
inclusion activities, and build capacity for efforts by
States relating to the adoption of broadband by
residents of those States;
(B) through which the Assistant Secretary shall
make grants to States in accordance with the
requirements of this section; and
(C) which shall ensure that States have the
capacity to promote the achievement of digital equity
and support digital inclusion activities.
(2) Consultation with other federal agencies; no
conflict.--In establishing the Program under paragraph (1), the
Assistant Secretary shall--
(A) consult with--
(i) the Secretary of Agriculture;
(ii) the Secretary of Housing and Urban
Development;
(iii) the Secretary of Education;
(iv) the Secretary of Labor;
(v) the Secretary of Health and Human
Services;
(vi) the Secretary of Veterans Affairs;
(vii) the Secretary of the Interior;
(viii) the Federal Communications
Commission;
(ix) the Federal Trade Commission;
(x) the Director of the Institute of Museum
and Library Services;
(xi) the Administrator of the Small
Business Administration;
(xii) the Federal Cochairman of the
Appalachian Regional Commission; and
(xiii) the head of any other agency that
the Assistant Secretary determines to be
appropriate; and
(B) ensure that the Program complements and
enhances, and does not conflict with, other Federal
broadband initiatives and programs.
(b) Administering Entity.--
(1) Selection; function.--The governor (or equivalent
official) of a State that wishes to be awarded a grant under
this section shall, from among entities that are eligible under
paragraph (2), select an administering entity for that State,
which shall--
(A) serve as the recipient of, and administering
agent for, any grant awarded to the State under this
section;
(B) develop, implement, and oversee the State
Digital Equity Plan for the State described in
subsection (c);
(C) make subgrants to any entity described in
subsection (c)(1)(D) that is located in the State in
support of--
(i) the State Digital Equity Plan for the
State; and
(ii) digital inclusion activities in the
State generally; and
(D) serve as--
(i) an advocate for digital equity policy
and digital inclusion activities; and
(ii) a repository of best practice
materials regarding the policies and activities
described in clause (i).
(2) Eligible entities.--Any of the following entities may
serve as the administering entity for a State for the purposes
of this section if the entity has demonstrated a capacity to
administer the Program on a statewide level:
(A) The State, a political subdivision, agency, or
instrumentality of the State, an Indian tribe located
in the State, an Alaska Native entity located in the
State, or a Native Hawaiian organization located in the
State.
(B) A foundation, corporation, institution,
association, or coalition that is--
(i) a not-for-profit entity;
(ii) located in the State; and
(iii) not a school.
(C) A community anchor institution, other than a
school, that is located in the State.
(D) A local educational agency that is located in
the State.
(E) An entity located in the State that carries out
a workforce development program.
(F) An agency of the State that is responsible for
administering or supervising adult education and
literacy activities in the State.
(G) A public housing authority that is located in
the State.
(H) A partnership between any of the entities
described in subparagraphs (A) through (G).
(c) State Digital Equity Plan.--
(1) Development; contents.--A State that wishes to be
awarded a grant under subsection (d) shall develop a State
Digital Equity Plan for the State, which shall include--
(A) the identification of the barriers to digital
equity faced by covered populations in the State;
(B) measurable objectives for documenting and
promoting, among each group described in subparagraphs
(A) through (H) of section 2(8) located in that State--
(i) the availability of, and affordability
of access to, broadband technology;
(ii) the online accessibility and
inclusivity of public resources and services;
(iii) digital literacy;
(iv) awareness of, and the use of, measures
to secure the online privacy of, and
cybersecurity with respect to, an individual;
and
(v) the availability and affordability of
consumer devices and technical support for
those devices;
(C) an assessment of how the objectives described
in subparagraph (B) will impact and interact with the
State's--
(i) economic and workforce development
goals, plans, and outcomes;
(ii) educational outcomes;
(iii) health outcomes;
(iv) civic and social engagement; and
(v) delivery of other essential services;
(D) in order to achieve the objectives described in
subparagraph (B), a description of how the State plans
to collaborate with key stakeholders in the State,
which may include--
(i) community anchor institutions;
(ii) county and municipal governments;
(iii) local educational agencies;
(iv) where applicable, Indian tribes,
Alaska Native entities, or Native Hawaiian
organizations;
(v) nonprofit organizations;
(vi) organizations that represent--
(I) individuals with disabilities,
including organizations that represent
children with disabilities;
(II) aging individuals;
(III) individuals with language
barriers, including--
(aa) individuals who are
English learners; and
(bb) individuals who have
low levels of literacy;
(IV) veterans; and
(V) individuals in that State who
are incarcerated in facilities other
than Federal correctional facilities;
(vii) civil rights organizations;
(viii) entities that carry out workforce
development programs;
(ix) agencies of the State that are
responsible for administering or supervising
adult education and literacy activities in the
State;
(x) public housing authorities in the
State; and
(xi) a partnership between any of the
entities described in clauses (i) through (x);
and
(E) a list of organizations with which the
administering entity for the State collaborated in
developing and implementing the Plan.
(2) Public availability.--
(A) In general.--The administering entity for a
State shall make the State Digital Equity Plan of the
State available for public comment for a period of not
less than 30 days before the date on which the State
submits an application to the Assistant Secretary under
subsection (d)(2).
(B) Consideration of comments received.--The
administering entity for a State shall, with respect to
an application submitted to the Assistant Secretary
under subsection (d)(2)--
(i) before submitting the application--
(I) consider all comments received
during the comment period described in
subparagraph (A) with respect to the
application (referred to in this
subparagraph as the ``comment
period''); and
(II) make any changes to the plan
that the administering entity
determines to be worthwhile; and
(ii) when submitting the application--
(I) describe any changes pursued by
the administering entity in response to
comments received during the comment
period; and
(II) include a written response to
each comment received during the
comment period.
(3) Planning grants.--
(A) In general.--Beginning in the first fiscal year
that begins after the date of enactment of this Act,
the Assistant Secretary shall, in accordance with the
requirements of this paragraph, award planning grants
to States for the purpose of developing the State
Digital Equity Plans of those States under this
subsection.
(B) Eligibility.--In order to be awarded a planning
grant under this paragraph, a State--
(i) shall submit to the Assistant Secretary
an application under subparagraph (C); and
(ii) may not have been awarded, at any
time, a planning grant under this paragraph.
(C) Application.--A State that wishes to be awarded
a planning grant under this paragraph shall, not later
than 60 days after the date on which the notice of
funding availability with respect to the grant is
released, submit to the Assistant Secretary an
application, in a format to be determined by the
Assistant Secretary, that contains the following
materials:
(i) A description of the entity selected to
serve as the administering entity for the
State, as described in subsection (b).
(ii) A certification from the State that,
not later than 1 year after the date on which
the Assistant Secretary awards the planning
grant to the State, the administering entity
for that State shall develop a State Digital
Equity Plan under this subsection, which--
(I) the administering entity shall
submit to the Assistant Secretary; and
(II) shall comply with the
requirements of this subsection,
including the requirement under
paragraph (2)(B).
(iii) The assurances required under
subsection (e).
(D) Awards.--
(i) Amount of grant.--A planning grant
awarded to an eligible State under this
paragraph shall be determined according to the
formula under subsection (d)(3)(A)(i).
(ii) Duration.--
(I) In general.--Except as provided
in subclause (II), with respect to a
planning grant awarded to an eligible
State under this paragraph, the State
shall expend the grant funds during the
1-year period beginning on the date on
which the State is awarded the grant
funds.
(II) Exception.--The Assistant
Secretary may grant an extension of not
longer than 180 days with respect to
the requirement under subclause (I).
(iii) Challenge mechanism.--The Assistant
Secretary shall ensure that any eligible State
to which a planning grant is awarded under this
paragraph may appeal or otherwise challenge in
a timely fashion the amount of the grant
awarded to the State, as determined under
clause (i).
(E) Use of funds.--An eligible State to which a
planning grant is awarded under this paragraph shall,
through the administering entity for that State, use
the grant funds only for the following purposes:
(i) To develop the State Digital Equity
Plan of the State under this subsection.
(ii)(I) Subject to subclause (II), to make
subgrants to any of the entities described in
paragraph (1)(D) to assist in the development
of the State Digital Equity Plan of the State
under this subsection.
(II) If the administering entity for a
State makes a subgrant described in subclause
(I), the administering entity shall, with
respect to the subgrant, provide to the State
the assurances required under subsection (e).
(d) State Capacity Grants.--
(1) In general.--Beginning not later than 2 years after the
date on which the Assistant Secretary begins awarding planning
grants under subsection (c)(3), the Assistant Secretary shall
each year award grants to eligible States to support--
(A) the implementation of the State Digital Equity
Plans of those States; and
(B) digital inclusion activities in those States.
(2) Application.--A State that wishes to be awarded a grant
under this subsection shall, not later than 60 days after the
date on which the notice of funding availability with respect
to the grant is released, submit to the Assistant Secretary an
application, in a format to be determined by the Assistant
Secretary, that contains the following materials:
(A) A description of the entity selected to serve
as the administering entity for the State, as described
in subsection (b).
(B) The State Digital Equity Plan of that State, as
described in subsection (c).
(C) A certification that the State, acting through
the administering entity for the State, shall--
(i) implement the State Digital Equity Plan
of the State; and
(ii) make grants in a manner that is
consistent with the aims of the Plan described
in clause (i).
(D) The assurances required under subsection (e).
(E) In the case of a State to which the Assistant
Secretary has previously awarded a grant under this
subsection, any amendments to the State Digital Equity
Plan of that State, as compared with the State Digital
Equity Plan of the State previously submitted.
(3) Awards.--
(A) Amount of grant.--
(i) Formula.--Subject to clauses (ii),
(iii), and (iv), the Assistant Secretary shall
calculate the amount of a grant awarded to an
eligible State under this subsection in
accordance with the following criteria, using
the best available data for all States for the
fiscal year in which the grant is awarded:
(I) 50 percent of the total grant
amount shall be based on the population
of the eligible State in proportion to
the total population of all eligible
States.
(II) 25 percent of the total grant
amount shall be based on the number of
individuals in the eligible State who
are covered populations in proportion
to the total number of individuals in
all eligible States who are covered
populations.
(III) 25 percent of the total grant
amount shall be based on the
comparative lack of availability and
adoption of broadband in the eligible
State in proportion to the lack of
availability and adoption of broadband
of all eligible States, which shall be
determined according to data collected
from--
(aa) the annual inquiry of
the Federal Communications
Commission conducted under
section 706(b) of the
Telecommunications Act of 1996
(47 U.S.C. 1302(b));
(bb) the American Community
Survey or, if necessary, other
data collected by the Bureau of
the Census;
(cc) the Internet and
Computer Use Supplement to the
Current Population Survey of
the Bureau of the Census; and
(dd) any other source that
the Assistant Secretary, after
appropriate notice and
opportunity for public comment,
determines to be appropriate.
(ii) Minimum award.--The amount of a grant
awarded to an eligible State under this
subsection in a fiscal year shall be not less
than 0.5 percent of the total amount made
available to award grants to eligible States
for that fiscal year.
(iii) Additional amounts.--If, after
awarding planning grants to States under
subsection (c)(3) and capacity grants to
eligible States under this subsection in a
fiscal year, there are amounts remaining to
carry out this section, the Assistant Secretary
shall distribute those amounts--
(I) to eligible States to which the
Assistant Secretary has awarded grants
under this subsection for that fiscal
year; and
(II) in accordance with the formula
described in clause (i).
(iv) Data unavailable.--If, in a fiscal
year, the Commonwealth of Puerto Rico (referred
to in this clause as ``Puerto Rico'') is an
eligible State and specific data for Puerto
Rico is unavailable for a factor described in
subclause (I), (II), or (III) of clause (i),
the Assistant Secretary shall use the median
data point with respect to that factor among
all eligible States and assign it to Puerto
Rico for the purposes of making any calculation
under that clause for that fiscal year.
(B) Duration.--With respect to a grant awarded to
an eligible State under this subsection, the eligible
State shall expend the grant funds during the 5-year
period beginning on the date on which the eligible
State is awarded the grant funds.
(C) Challenge mechanism.--The Assistant Secretary
shall ensure that any eligible State to which a grant
is awarded under this subsection may appeal or
otherwise challenge in a timely fashion the amount of
the grant awarded to the State, as determined under
subparagraph (A).
(D) Use of funds.--The administering entity for an
eligible State to which a grant is awarded under this
subsection shall use the grant amounts for the
following purposes:
(i)(I) Subject to subclause (II), to update
or maintain the State Digital Equity Plan of
the State.
(II) An administering entity for an
eligible State to which a grant is awarded
under this subsection may use not more than 20
percent of the amount of the grant for the
purpose described in subclause (I).
(ii) To implement the State Digital Equity
Plan of the State.
(iii)(I) Subject to subclause (II), to
award a grant to any entity that is described
in section 5(b) and is located in the eligible
State in order to--
(aa) assist in the implementation
of the State Digital Equity Plan of the
State;
(bb) pursue digital inclusion
activities in the State consistent with
the State Digital Equity Plan of the
State; and
(cc) report to the State regarding
the digital inclusion activities of the
entity.
(II) Before an administering entity for an
eligible State may award a grant under
subclause (I), the administering entity shall
require the entity to which the grant is
awarded to certify that--
(aa) the entity shall carry out the
activities required under items (aa),
(bb), and (cc) of that subclause;
(bb) the receipt of the grant shall
not result in unjust enrichment of the
entity; and
(cc) the entity shall cooperate
with any evaluation--
(AA) of any program that
relates to a grant awarded to
the entity; and
(BB) that is carried out by
or for the administering
entity, the Assistant
Secretary, or another Federal
official.
(iv)(I) Subject to subclause (II), to
evaluate the efficacy of the efforts funded by
grants made under clause (iii).
(II) An administering entity for an
eligible State to which a grant is awarded
under this subsection may use not more than 5
percent of the amount of the grant for a
purpose described in subclause (I).
(v)(I) Subject to subclause (II), for the
administrative costs incurred in carrying out
the activities described in clauses (i) through
(iv).
(II) An administering entity for an
eligible State to which a grant is awarded
under this subsection may use not more than 3
percent of the amount of the grant for a
purpose described in subclause (I).
(e) Assurances.--When applying for a grant under this section, a
State shall include in the application for that grant assurances that--
(1) if an entity described in section 5(b) is awarded grant
funds under this section (referred to in this subsection as a
``covered recipient''), provide that--
(A) the covered recipient shall use the grant funds
in accordance with any applicable statute, regulation,
and application procedure;
(B) the administering entity for that State shall
adopt and use proper methods of administering any grant
that the covered recipient is awarded, including by--
(i) enforcing any obligation imposed under
law on any agency, institution, organization,
or other entity that is responsible for
carrying out the program to which the grant
relates;
(ii) correcting any deficiency in the
operation of a program to which the grant
relates, as identified through an audit or
another monitoring or evaluation procedure; and
(iii) adopting written procedures for the
receipt and resolution of complaints alleging a
violation of law with respect to a program to
which the grant relates; and
(C) the administering entity for that State shall
cooperate in carrying out any evaluation--
(i) of any program that relates to a grant
awarded to the covered recipient; and
(ii) that is carried out by or for the
Assistant Secretary or another Federal
official;
(2) the administering entity for that State shall--
(A) use fiscal control and fund accounting
procedures that ensure the proper disbursement of, and
accounting for, any Federal funds that the State is
awarded under this section;
(B) submit to the Assistant Secretary any reports
that may be necessary to enable the Assistant Secretary
to perform the duties of the Assistant Secretary under
this section;
(C) maintain any records and provide any
information to the Assistant Secretary, including those
records, that the Assistant Secretary determines is
necessary to enable the Assistant Secretary to perform
the duties of the Assistant Secretary under this
section; and
(D) with respect to any significant proposed change
or amendment to the State Digital Equity Plan for the
State, make the change or amendment available for
public comment in accordance with subsection (c)(2);
and
(3) the State, before submitting to the Assistant Secretary
the State Digital Equity Plan of the State, has complied with
the requirements of subsection (c)(2).
(f) Termination of Grant.--
(1) In general.--The Assistant Secretary shall terminate a
grant awarded to an eligible State under this section if, after
notice to the State and opportunity for a hearing, the
Assistant Secretary--
(A) presents to the State a rationale and
supporting information that clearly demonstrates that--
(i) the grant funds are not contributing to
the development or execution of the State
Digital Equity Plan of the State, as
applicable; and
(ii) the State is not upholding assurances
made by the State to the Assistant Secretary
under subsection (e); and
(B) determines that the grant is no longer
necessary to achieve the original purpose for which
Assistant Secretary awarded the grant.
(2) Redistribution.--If the Assistant Secretary, in a
fiscal year, terminates a grant under paragraph (1), the
Assistant Secretary shall redistribute the unspent grant
amounts--
(A) to eligible States to which the Assistant
Secretary has awarded grants under subsection (d) for
that fiscal year; and
(B) in accordance with the formula described in
subsection (d)(3)(A)(i).
(g) Reporting and Information Requirements; Internet Disclosure.--
The Assistant Secretary--
(1) shall--
(A) require any entity to which a grant, including
a subgrant, is awarded under this section to publicly
report, for each year during the period described in
subsection (c)(3)(D)(ii) or (d)(3)(B), as applicable,
with respect to the grant, and in a format specified by
the Assistant Secretary, on--
(i) the use of that grant by the entity;
(ii) the progress of the entity towards
fulfilling the objectives for which the grant
was awarded; and
(iii) the implementation of the State
Digital Equity Plan of the State;
(B) establish appropriate mechanisms to ensure that
each eligible State to which a grant is awarded under
this section--
(i) uses the grant amounts in an
appropriate manner; and
(ii) complies with all terms with respect
to the use of the grant amounts; and
(C) create and maintain a fully searchable
database, which shall be accessible on the internet at
no cost to the public, that contains, at a minimum--
(i) the application of each State that has
applied for a grant under this section;
(ii) the status of each application
described in clause (i);
(iii) each report submitted by an entity
under subparagraph (A);
(iv) a record of public comments made
regarding the State Digital Equity Plan of a
State, as well as any written responses to or
actions taken in as a result of those comments;
and
(v) any other information that is
sufficient to allow the public to understand
and monitor grants awarded under this section;
and
(2) may establish additional reporting and information
requirements for any recipient of a grant under this section.
(h) Supplement Not Supplant.--A grant or subgrant awarded under
this section shall supplement, not supplant, other Federal or State
funds that have been made available to carry out activities described
in this section.
(i) Set Asides.--From amounts made available in a fiscal year to
carry out the Program, the Assistant Secretary shall reserve--
(1) not more than 5 percent for the implementation and
administration of the Program, which shall include--
(A) providing technical support and assistance,
including ensuring consistency in data reporting;
(B) providing assistance to--
(i) States, or administering entities for
States, to prepare the applications of those
States; and
(ii) administering entities with respect to
grants awarded under this section; and
(C) developing the report required under section
6(a);
(2) not less than 5 percent to award grants to, or enter
into contracts or cooperative agreements with, Indian tribes,
Alaska Native entities, and Native Hawaiian organizations to
allow those tribes, entities, and organizations to carry out
the activities described in this section; and
(3) not less than 1 percent to award grants to, or enter
into contracts or cooperative agreements with, the United
States Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and any other territory or
possession of the United States that is not a State to enable
those entities to carry out the activities described in this
section.
(j) Rules.--The Assistant Secretary may prescribe such rules as may
be necessary to carry out this section.
(k) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) $60,000,000 for the award of grants under subsection
(c)(3), and such amount is authorized to remain available
through fiscal year 2026; and
(2) $625,000,000 for fiscal year 2022 for the award of
grants under subsection (d), and such amount is authorized to
remain available through fiscal year 2026.
SEC. 5. DIGITAL EQUITY COMPETITIVE GRANT PROGRAM.
(a) Establishment.--
(1) In general.--Not later than 30 days after the date on
which the Assistant Secretary begins awarding grants under
section 4(d), and not before that date, the Assistant Secretary
shall establish in the Department of Commerce the Digital
Equity Competitive Grant Program (referred to in this section
as the ``Program''), the purpose of which is to award grants to
support efforts to achieve digital equity, promote digital
inclusion activities, and spur greater adoption of broadband
among covered populations.
(2) Consultation; no conflict.--In establishing the Program
under paragraph (1), the Assistant Secretary--
(A) may consult a State with respect to--
(i) the identification of groups described
in subparagraphs (A) through (H) of section
2(8) located in that State; and
(ii) the allocation of grant funds within
that State for projects in or affecting the
State; and
(B) shall--
(i) consult with--
(I) the Secretary of Agriculture;
(II) the Secretary of Housing and
Urban Development;
(III) the Secretary of Education;
(IV) the Secretary of Labor;
(V) the Secretary of Health and
Human Services;
(VI) the Secretary of Veterans
Affairs;
(VII) the Secretary of the
Interior;
(VIII) the Federal Communications
Commission;
(IX) the Federal Trade Commission;
(X) the Director of the Institute
of Museum and Library Services;
(XI) the Administrator of the Small
Business Administration;
(XII) the Federal Cochairman of the
Appalachian Regional Commission; and
(XIII) the head of any other agency
that the Assistant Secretary determines
to be appropriate; and
(ii) ensure that the Program complements
and enhances, and does not conflict with, other
Federal broadband initiatives and programs.
(b) Eligibility.--The Assistant Secretary may award a grant under
the Program to any of the following entities if the entity is not
serving, and has not served, as the administering entity for a State
under section 4(b):
(1) A political subdivision, agency, or instrumentality of
a State, including an agency of a State that is responsible for
administering or supervising adult education and literacy
activities in the State.
(2) An Indian tribe, an Alaska Native entity, or a Native
Hawaiian organization.
(3) A foundation, corporation, institution, or association
that is--
(A) a not-for-profit entity; and
(B) not a school.
(4) A community anchor institution.
(5) A local educational agency.
(6) An entity that carries out a workforce development
program.
(7) A partnership between any of the entities described in
paragraphs (1) through (6).
(8) A partnership between--
(A) an entity described in any of paragraphs (1)
through (6); and
(B) an entity that--
(i) the Assistant Secretary, by rule,
determines to be in the public interest; and
(ii) is not a school.
(c) Application.--An entity that wishes to be awarded a grant under
the Program shall submit to the Assistant Secretary an application--
(1) at such time, in such form, and containing such
information as the Assistant Secretary may require; and
(2) that--
(A) provides a detailed explanation of how the
entity will use any grant amounts awarded under the
Program to carry out the purposes of the Program in an
efficient and expeditious manner;
(B) identifies the period in which the applicant
will expend the grant funds awarded under the Program;
(C) includes--
(i) a justification for the amount of the
grant that the applicant is requesting; and
(ii) for each fiscal year in which the
applicant will expend the grant funds, a budget
for the activities that the grant funds will
support;
(D) demonstrates to the satisfaction of the
Assistant Secretary that the entity--
(i) is capable of carrying out--
(I) the project or function to
which the application relates; and
(II) the activities described in
subsection (h)--
(aa) in a competent manner;
and
(bb) in compliance with all
applicable Federal, State, and
local laws; and
(ii) if the applicant is an entity
described in subsection (b)(1), shall
appropriate or otherwise unconditionally
obligate from non-Federal sources funds that
are necessary to meet the requirements of
subsection (e);
(E) discloses to the Assistant Secretary the source
and amount of other Federal, State, or outside funding
sources from which the entity receives, or has applied
for, funding for activities or projects to which the
application relates; and
(F) provides--
(i) the assurances that are required under
subsection (f); and
(ii) an assurance that the entity shall
follow such additional procedures as the
Assistant Secretary may require to ensure that
grant funds are used and accounted for in an
appropriate manner.
(d) Award of Grants.--
(1) Factors considered in award of grants.--In deciding
whether to award a grant under the Program, the Assistant
Secretary shall, to the extent practicable, consider--
(A) whether--
(i) an application shall, if approved--
(I) increase internet access and
the adoption of broadband among covered
populations to be served by the
applicant; and
(II) not result in unjust
enrichment; and
(ii) the applicant is, or plans to
subcontract with, a socially and economically
disadvantaged small business concern;
(B) the comparative geographic diversity of the
application in relation to other eligible applications;
and
(C) the extent to which an application may
duplicate or conflict with another program.
(2) Use of funds.--
(A) In general.--In addition to the activities
required under subparagraph (B), an entity to which the
Assistant Secretary awards a grant under the Program
shall use the grant amounts to support not less than 1
of the following activities:
(i) To develop and implement digital
inclusion activities that benefit covered
populations.
(ii) To facilitate the adoption of
broadband by covered populations in order to
provide educational and employment
opportunities to those populations.
(iii) To implement, consistent with the
purposes of this Act--
(I) training programs for covered
populations that cover basic, advanced,
and applied skills; or
(II) other workforce development
programs.
(iv) To make available equipment,
instrumentation, networking capability,
hardware and software, or digital network
technology for broadband services to covered
populations at low or no cost.
(v) To construct, upgrade, expend, or
operate new or existing public access computing
centers for covered populations through
community anchor institutions.
(vi) To undertake any other project and
activity that the Assistant Secretary finds to
be consistent with the purposes for which the
Program is established.
(B) Evaluation.--
(i) In general.--An entity to which the
Assistant Secretary awards a grant under the
Program shall use not more than 10 percent of
the grant amounts to measure and evaluate the
activities supported with the grant amounts.
(ii) Submission to assistant secretary.--An
entity to which the Assistant Secretary awards
a grant under the Program shall submit to the
Assistant Secretary each measurement and
evaluation performed under clause (i)--
(I) in a manner specified by the
Assistant Secretary;
(II) not later than 15 months after
the date on which the entity is awarded
the grant amounts; and
(III) annually after the submission
described in subclause (II) for any
year in which the entity expends grant
amounts.
(C) Administrative costs.--An entity to which the
Assistant Secretary awards a grant under the Program
may use not more than 10 percent of the amount of the
grant for administrative costs in carrying out any of
the activities described in subparagraph (A).
(D) Time limitations.--With respect to a grant
awarded to an entity under the Program, the entity--
(i) except as provided in clause (ii),
shall expend the grant amounts during the 4-
year period beginning on the date on which the
entity is awarded the grant amounts; and
(ii) during the 1-year period beginning on
the date that is 4 years after the date on
which the entity is awarded the grant amounts,
may continue to measure and evaluate the
activities supported with the grant amounts, as
required under subparagraph (B).
(e) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of any project for which the Assistant Secretary
awards a grant under the Program may not exceed 90 percent.
(2) Exception.--The Assistant Secretary may grant a waiver
with respect to the limitation on the Federal share of a
project described in paragraph (1) if--
(A) the applicant with respect to the project
petitions the Assistant Secretary for the waiver; and
(B) the Assistant Secretary determines that the
petition described in subparagraph (A) demonstrates
financial need.
(f) Assurances.--When applying for a grant under this section, an
entity shall include in the application for that grant assurances that
the entity shall--
(1) use any grant funds that the entity is awarded--
(A) in accordance with any applicable statute,
regulation, and application procedure; and
(B) to the extent required under applicable law;
(2) adopt and use proper methods of administering any grant
that the entity is awarded, including by--
(A) enforcing any obligation imposed under law on
any agency, institution, organization, or other entity
that is responsible for carrying out a program to which
the grant relates;
(B) correcting any deficiency in the operation of a
program to which the grant relates, as identified
through an audit or another monitoring or evaluation
procedure; and
(C) adopting written procedures for the receipt and
resolution of complaints alleging a violation of law
with respect to a program to which the grant relates;
(3) cooperate with respect to any evaluation--
(A) of any program that relates to a grant awarded
to the entity; and
(B) that is carried out by or for the Assistant
Secretary or another Federal official;
(4) use fiscal control and fund accounting procedures that
ensure the proper disbursement of, and accounting for, any
Federal funds that the entity is awarded under the Program;
(5) submit to the Assistant Secretary any reports that may
be necessary to enable the Assistant Secretary to perform the
duties of the Assistant Secretary under the Program; and
(6) maintain any records and provide any information to the
Assistant Secretary, including those records, that the
Assistant Secretary determines is necessary to enable the
Assistant Secretary to perform the duties of the Assistant
Secretary under the Program.
(g) Deobligation or Termination of Grant.--In addition to other
authority under applicable law, the Assistant Secretary may--
(1) deobligate or terminate a grant awarded to an entity
under this section if, after notice to the entity and
opportunity for a hearing, the Assistant Secretary--
(A) presents to the entity a rationale and
supporting information that clearly demonstrates that--
(i) the grant funds are not being used in a
manner that is consistent with the application
with respect to the grant submitted by the
entity under subsection (c); and
(ii) the entity is not upholding assurances
made by the entity to the Assistant Secretary
under subsection (f); and
(B) determines that the grant is no longer
necessary to achieve the original purpose for which
Assistant Secretary awarded the grant; and
(2) with respect to any grant funds that the Assistant
Secretary deobligates or terminates under paragraph (1),
competitively award the grant funds to another applicant,
consistent with the requirements of this section.
(h) Reporting and Information Requirements; Internet Disclosure.--
The Assistant Secretary--
(1) shall--
(A) require any entity to which the Assistant
Secretary awards a grant under the Program to, for each
year during the period described in subsection
(d)(2)(D) with respect to the grant, submit to the
Assistant Secretary a report, in a format specified by
the Assistant Secretary, regarding--
(i) the amount of the grant;
(ii) the use by the entity of the grant
amounts; and
(iii) the progress of the entity towards
fulfilling the objectives for which the grant
was awarded;
(B) establish mechanisms to ensure appropriate use
of, and compliance with respect to all terms regarding,
grant funds awarded under the Program;
(C) create and maintain a fully searchable
database, which shall be accessible on the internet at
no cost to the public, that contains, at a minimum--
(i) a list of each entity that has applied
for a grant under the Program;
(ii) a description of each application
described in clause (i), including the proposed
purpose of each grant described in that clause;
(iii) the status of each application
described in clause (i), including whether the
Assistant Secretary has awarded a grant with
respect to the application and, if so, the
amount of the grant;
(iv) each report submitted by an entity
under subparagraph (A); and
(v) any other information that is
sufficient to allow the public to understand
and monitor grants awarded under the Program;
and
(D) ensure that any entity with respect to which an
award is deobligated or terminated under subsection (g)
may, in a timely manner, appeal or otherwise challenge
that deobligation or termination, as applicable; and
(2) may establish additional reporting and information
requirements for any recipient of a grant under the Program.
(i) Supplement Not Supplant.--A grant awarded to an entity under
the Program shall supplement, not supplant, other Federal or State
funds that have been made available to the entity to carry out
activities described in this section.
(j) Set Asides.--From amounts made available in a fiscal year to
carry out the Program, the Assistant Secretary shall reserve--
(1) 5 percent for the implementation and administration of
the Program, which shall include--
(A) providing technical support and assistance,
including ensuring consistency in data reporting;
(B) providing assistance to entities to prepare the
applications of those entities with respect to grants
awarded under this section;
(C) developing the report required under section
6(a); and
(D) conducting outreach to entities that may be
eligible to be awarded a grant under the Program
regarding opportunities to apply for such a grant;
(2) 5 percent to award grants to, or enter into contracts
or cooperative agreements with, Indian tribes, Alaska Native
entities, and Native Hawaiian organizations to allow those
tribes, entities, and organizations to carry out the activities
described in this section; and
(3) 1 percent to award grants to, or enter into contracts
or cooperative agreements with, the United States Virgin
Islands, Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, and any other territory or possession of the
United States that is not a State to enable those entities to
carry out the activities described in this section.
(k) Rules.--The Assistant Secretary may prescribe such rules as may
be necessary to carry out this section.
(l) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $625,000,000 for fiscal year
2022, and such amount is authorized to remain available through fiscal
year 2026.
SEC. 6. POLICY RESEARCH, DATA COLLECTION, ANALYSIS AND MODELING,
EVALUATION, AND DISSEMINATION.
(a) Reporting Requirements.--
(1) In general.--Not later than 1 year after the date on
which the Assistant Secretary begins awarding grants under
section 4(d)(1), and annually thereafter, the Assistant
Secretary shall--
(A) submit to the appropriate committees of
Congress a report that documents, for the year covered
by the report--
(i) the findings of each evaluation
conducted under subparagraph (B);
(ii) a list of each grant awarded under
each covered program, which shall include--
(I) the amount of each such grant;
(II) the recipient of each such
grant; and
(III) the purpose for which each
such grant was awarded;
(iii) any deobligation, termination, or
modification of a grant awarded under the
covered programs, which shall include a
description of the subsequent usage of any
funds to which such an action applies; and
(iv) each challenge made by an applicant
for, or a recipient of, a grant under the
covered programs and the outcome of each such
challenge; and
(B) conduct evaluations of the activities carried
out under the covered programs, which shall include an
evaluation of--
(i) whether eligible States to which grants
are awarded under the program established under
section 4 are--
(I) abiding by the assurances made
by those States under subsection (e) of
that section;
(II) meeting, or have met, the
stated goals of the Digital Equity
Plans developed by the States under
subsection (c) of that section;
(III) satisfying the requirements
imposed by the Assistant Secretary on
those States under subsection (g) of
that section; and
(IV) in compliance with any other
rules, requirements, or regulations
promulgated by the Assistant Secretary
in implementing that program; and
(ii) whether entities to which grants are
awarded under the program established under
section 5 are--
(I) abiding by the assurances made
by those entities under subsection (f)
of that section;
(II) meeting, or have met, the
stated goals of those entities with
respect to the use of the grant
amounts;
(III) satisfying the requirements
imposed by the Assistant Secretary on
those States under subsection (h) of
that section; and
(IV) in compliance with any other
rules, requirements, or regulations
promulgated by the Assistant Secretary
in implementing that program.
(2) Public availability.--The Assistant Secretary shall
make each report submitted under paragraph (1)(A) publicly
available in an online format that--
(A) facilitates access and ease of use;
(B) is searchable; and
(C) is accessible--
(i) to individuals with disabilities; and
(ii) in languages other than English.
(b) Authority To Contract and Enter Into Other Arrangements.--The
Assistant Secretary may award grants and enter into contracts,
cooperative agreements, and other arrangements with Federal agencies,
public and private organizations, and other entities with expertise
that the Assistant Secretary determines appropriate in order to--
(1) evaluate the impact and efficacy of activities
supported by grants awarded under the covered programs; and
(2) develop, catalog, disseminate, and promote the exchange
of best practices, both with respect to and independent of the
covered programs, in order to achieve digital equity.
(c) Consultation and Public Engagement.--In carrying out subsection
(a), and to further the objectives described in paragraphs (1) and (2)
of subsection (b), the Assistant Secretary shall conduct ongoing
collaboration and consult with--
(1) the Secretary of Agriculture;
(2) the Secretary of Housing and Urban Development;
(3) the Secretary of Education;
(4) the Secretary of Labor;
(5) the Secretary of Health and Human Services;
(6) the Secretary of Veterans Affairs;
(7) the Secretary of the Interior;
(8) the Federal Communications Commission;
(9) the Federal Trade Commission;
(10) the Director of the Institute of Museum and Library
Services;
(11) the Administrator of the Small Business
Administration;
(12) the Federal Cochairman of the Appalachian Regional
Commission;
(13) State agencies and governors of States (or equivalent
officials);
(14) entities serving as administering entities for States
under section 4(b);
(15) national, State, tribal, and local organizations that
provide digital inclusion, digital equity, or digital literacy
services;
(16) researchers, academics, and philanthropic
organizations; and
(17) other agencies, organizations (including international
organizations), entities (including entities with expertise in
the fields of data collection, analysis and modeling, and
evaluation), and community stakeholders, as determined
appropriate by the Assistant Secretary.
(d) Technical Support and Assistance.--The Assistant Secretary
shall provide technical support and assistance, assistance to entities
to prepare the applications of those entities with respect to grants
awarded under the covered programs, and other resources, to the extent
practicable, to ensure consistency in data reporting and to meet the
objectives of this section.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section,
which shall remain available until expended.
SEC. 7. GENERAL PROVISIONS.
(a) Nondiscrimination.--
(1) In general.--No individual in the United States may, on
the basis of actual or perceived race, color, religion,
national origin, sex, gender identity, sexual orientation, age,
or disability, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any
program or activity that is funded in whole or in part with
funds made available under this Act.
(2) Enforcement.--The Assistant Secretary shall effectuate
paragraph (1) with respect to any program or activity described
in that paragraph by issuing regulations and taking actions
consistent with section 602 of the Civil Rights Act of 1964 (42
U.S.C. 2000d-1).
(3) Judicial review.--Judicial review of an action taken by
the Assistant Secretary under paragraph (2) shall be available
to the extent provided in section 603 of the Civil Rights Act
of 1964 (42 U.S.C. 2000d-2).
(b) Technological Neutrality.--The Assistant Secretary shall, to
the extent practicable, carry out this Act in a technologically neutral
manner.
(c) Audit and Oversight.--Beginning in the first fiscal year in
which amounts are made available to carry out an activity authorized
under this Act, and in each of the 4 fiscal years thereafter, there is
authorized to be appropriated to the Office of Inspector General for
the Department of Commerce $1,000,000 for audits and oversight of funds
made available to carry out this Act, which shall remain available
until expended.
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