[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1957 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1957
To establish digital services in State, county, local, and Tribal
governments, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 28 (legislative day, May 27), 2021
Mr. Wyden (for himself, Mrs. Murray, Mr. Bennet, and Mr. Padilla)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To establish digital services in State, county, local, and Tribal
governments, 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 ``State and Local Digital Service Act
of 2021''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Administrator of
General Services;
(2) the term ``digital service grant'' means a grant under
section 3(a);
(3) the term ``digital service planning grant'' means a
grant under section 4(a);
(4) the term ``digital service team'' means a team of
employees of an eligible applicant that--
(A) extends existing software development capacity
and provides digital consultancy services, focusing on
user-centered design and development practices through
the use of modern product development techniques, such
as--
(i) user research and design;
(ii) incremental and iterative outcome
driven delivery practices; and
(iii) software development procurement
practices that rely on small-dollar, short-
duration contracts; and
(B) enhances the delivery of services by the
eligible applicant through partnerships or embedding
the employees within other agencies of the eligible
applicant;
(5) the term ``eligible applicant'' means a State, Indian
Tribe, or unit of local government;
(6) the term ``Indian Tribe'' has the meaning given the
term ``Indian tribe'' in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(e));
(7) the term ``State'' has the meaning given that term in
section 901 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10251);
(8) the term ``underserved or disadvantaged community''
means--
(A) a low-income community;
(B) a community of color;
(C) a Tribal community;
(D) a rural community;
(E) aging individuals;
(F) veterans;
(G) individuals with disabilities;
(H) individuals with a language barrier, including
individuals who--
(i) are English learners; or
(ii) have low levels of literacy; or
(I) any other community that the Administrator
determines is disproportionately vulnerable to, or
bears a disproportionate burden of, any combination of
economic, social, environmental, or climate stressors;
and
(9) the term ``unit of local government'' means a city,
county, township, town, borough, parish, village, or other
general purpose political subdivision of a State.
SEC. 3. DIGITAL SERVICE GRANTS.
(a) In General.--The Administrator, in consultation with the
Administrator of the United States Digital Service, shall establish a
Digital Service Grant Program, under which the Administrator shall make
grants to eligible applicants in accordance with the requirements of
this section for the purpose of establishing or supporting a digital
service team.
(b) Application.--An eligible applicant desiring a digital service
grant shall submit an application at such time, in such manner, and
containing such information as the Administrator may specify.
(c) Initial Grant Preference.--Among eligible applicants that have
not previously received a digital service grant, the Administrator
shall give preference to an eligible applicant if--
(1) the chief executive officer of the eligible applicant
has publicly demonstrated a commitment to modernizing
government technology and service delivery;
(2) the eligible applicant has officially designated an
officer of the eligible applicant to have responsibility for
functions relating to the digital services of the eligible
applicant, such as a Chief Technology Officer, Chief Innovation
Officer, or Chief Digital Services Officer, and such functions
are recognized as distinct from management and operations of
traditional information technology;
(3) the eligible applicant demonstrates a rigorous
commitment to human-centered delivery of government services in
such manner as the Administrator determines appropriate;
(4) the eligible applicant articulates clearly a specific
benefits program of the Federal Government with respect to
which the eligible applicant, in collaboration with the
relevant Federal agency, intends to modernize the digital
delivery of government services by the eligible applicant; or
(5) the eligible applicant articulates clearly how the
eligible applicant will use amounts received under the grant to
improve the digital delivery of government services to
underserved or disadvantaged communities.
(d) Continuing Grants.--The Administrator may make not more than 2
additional digital service grants to an eligible applicant that has
previously received a digital service grant if the eligible applicant--
(1) has a demonstrated record of successful digital
delivery of government services, including through the use of
the most recent prior digital service grant; and
(2) articulates clearly the government service delivery
projects the eligible applicant would carry out with the grant.
(e) Grant Period.--The Administrator shall award digital service
grants for a period of not more than 3 years.
(f) Continuity of Funding.--To the maximum extent practicable, the
Administrator shall award digital service grants described in
subsection (d) in a manner that ensures that there is not a break in
funding--
(1) between the initial digital service grant described in
subsection (c) and the first grant described in subsection (d);
or
(2) between the first grant described in subsection (d) and
the second grant described in subsection (d).
(g) Grant Amount.--The annual amount of a digital service grant
shall be equal to the lesser of--
(1) in dollars, the amount equal to the sum of--
(A) the population served by the eligible
applicant; and
(B) 200,000; or
(2) $3,000,000.
(h) Use of Funds.--
(1) In general.--Not less than 50 percent of the amount
received under a digital service grant shall be used for salary
and benefits of the members of the digital service team.
(2) Accessibility.--An eligible applicant that receives a
digital service grant shall make public services improved by a
digital service team of the eligible applicant available in an
accessible format, compliant with the most recent Web Content
Accessibility Guidelines of the Web Accessibility Initiative,
or successor guidelines.
(i) Matching Requirement.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of an activity carried out using a digital
service grant shall be not more than 90 percent.
(2) Waiver.--Upon application by an eligible applicant, the
Administrator may waive the requirement under paragraph (1) if
the Administrator determines that the eligible applicant
demonstrates financial need.
(j) Procurement Best Practices.--The digital service team of an
eligible applicant that receives a grant under this section shall work
with the United States Digital Service and the 18F office within the
General Services Administration to establish procurement best practices
based on Federal best practices, such as the 18F office's budgeting
handbook, and the individual needs of the eligible applicant.
(k) Supplement Not Supplant.--A digital service grant to an
eligible applicant shall supplement, not supplant, other Federal,
State, local, or Tribal funds that are available to the eligible
applicant to carry out activities described in this section.
(l) Set Asides.--
(1) In general.--From amounts made available in a fiscal
year to carry out the Digital Service Grant Program under this
section, the Administrator shall reserve 5 percent for the
implementation and administration of the grant program, which
shall include--
(A) providing technical support and assistance;
(B) providing assistance to eligible applicants to
prepare applications for digital service grants;
(C) assisting eligible applicants in preparing and
submitting the reports required under section 5(a);
(D) collecting demographic data about grant
applicants, grant recipients, and populations served;
and
(E) conducting outreach to eligible applicants
regarding opportunities to apply for digital service
grants.
(2) Indian tribes.--From amounts made available in a fiscal
year to carry out the Digital Service Grant Program under this
section, the Administrator shall use not less than $10,000,000
for grants to eligible applicants that are Indian Tribes.
SEC. 4. DIGITAL SERVICE PLANNING GRANTS.
(a) In General.--The Administrator, in consultation with the
Administrator of the United States Digital Service, shall establish a
Digital Service Planning Grant Program under which the Administrator
shall make grants to eligible applicants in accordance with the
requirements of this section for the purpose of creating a plan to
establish a digital service team.
(b) Application.--An eligible applicant desiring a digital service
planning grant shall submit an application at such time, in such
manner, and containing such information as the Administrator may
specify.
(c) Grant Period.--The Administrator shall award digital service
planning grants for a period of 1 year.
(d) Grant Amount.--The amount of a digital service grant shall be
not less than $50,000 and not more than $200,000.
(e) Matching Requirement.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of an activity carried out using a digital
service planning grant shall be not more than 90 percent.
(2) Waiver.--Upon application by an eligible applicant, the
Administrator may waive the requirement under paragraph (1) if
the Administrator determines that the eligible applicant
demonstrates financial need.
(f) Supplement Not Supplant.--A digital service planning grant to
an eligible applicant shall supplement, not supplant, other Federal,
State, local, or Tribal funds that are available to the eligible
applicant to create a plan to establish a digital service team.
(g) Set Asides.--From amounts made available in a fiscal year to
carry out the Digital Service Planning Grant Program under this
section, the Administrator shall reserve 5 percent for the
implementation and administration of the grant program, which shall
include--
(1) providing technical support and assistance;
(2) providing assistance to eligible applicants to prepare
applications for digital service planning grants;
(3) assisting eligible applicants in preparing and
submitting the reports required under section 5(a); and
(4) conducting outreach to eligible applicants regarding
opportunities to apply for digital service planning grants.
SEC. 5. REPORTING AND EVALUATION.
(a) Recipients.--
(1) Digital service grant report.--Not later than the end
of the period of a digital service grant, the recipient of the
digital service grant shall submit to the Administrator and
make publicly available on the website of the recipient a brief
report describing--
(A) the skills and areas of expertise of the
members of the digital service team established or
supported using amounts made available under the grant;
(B) projects undertaken using amounts made
available under the grant, including a discussion of
the impact of those projects;
(C) lessons learned from implementing the projects
described in subparagraph (B);
(D) human-centered measurements of how well the
projects described in subparagraph (B) help the people
they serve;
(E) the information technology and delivery
projects the recipient intends to implement next; and
(F) any other information determined appropriate by
the Administrator.
(2) Digital service planning grant report.--Not later than
the end of the period of a digital service planning grant, the
recipient of the digital service planning grant shall submit to
the Administrator and make publicly available on the website of
the recipient a brief report describing--
(A) a summary of the plan developed using amounts
under the digital service planning grant;
(B) proposed projects for a future digital service
team;
(C) proposed human-centered measurements of how
well the projects described in subparagraph (B) would
help the people they serve; and
(D) any other information determined appropriate by
the Administrator.
(3) Technical assistance.--The Administrator shall provide
technical support and assistance to eligible entities receiving
a digital service grant to complete the reporting and
evaluation required under paragraph (1), to the extent
practical, to ensure consistency in data reporting and to meet
the objectives of this Act.
(b) Reports to Congress and Public.--Not later than 1 year after
the date on which the Administrator begins awarding digital service
grants, and every 2 years thereafter, the Administrator, in
consultation with the Administrator of the United States Digital
Service, shall submit to Congress and make publicly available on the
websites of the General Services Administration and the United States
Digital Service a report that summarizes--
(1) the digital service grants and digital service planning
grants applied for and made; and
(2) the uses and impacts of digital service grants, based
on the reports received under subsection (a).
(c) Authority To Contract and Enter Into Other Agreements.--The
Administrator 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
Administrator determines appropriate in order to--
(1) evaluate the impact and efficacy of activities
supported by digital service grants and digital service
planning grants; and
(2) develop, catalog, disseminate, and promote the exchange
of best practices, both with respect to and independent of the
Digital Service Grant Program and the Digital Service Planning
Grant Program, in the creation and success of digital service
teams.
(d) Consultation and Public Engagement.--In carrying out subsection
(b), and to further the objectives described in paragraphs (1) and (2)
of subsection (c), the Administrator shall conduct ongoing
collaboration and consult with--
(1) the Administrator of the United States Digital Service;
(2) State agencies and governors of States (or equivalent
officials);
(3) national, State, Tribal, and local organizations that
have digital service teams;
(4) researchers, academics, and philanthropic
organizations; and
(5) other agencies, organizations, entities, and community
stakeholders as determined appropriate by the Administrator.
SEC. 6. STATE USE OF FEDERAL RESOURCES.
(a) Issuance of Guidance.--Not later than 120 days after the date
of enactment of this Act, the Administrator shall issue guidance to
streamline the procurement of Federal services and technology by
States, units of local government, and Indian Tribes.
(b) Consultation and Comments.--In formulating the guidance issued
under subsection (a), the Administrator shall--
(1) consult with the United States Digital Service, the
Technology Transformation Services, and digital service teams
of States, units of local government, and governments of Indian
Tribes; and
(2) solicit public comments.
(c) Considerations.--In formulating the guidance issued under
subsection (a), the Administrator shall consider--
(1) removing restrictions of the Technology Transformation
Services on funding sources and signatory requirements;
(2) creating a process for cloud service authorizations for
States, units of local government, and Indian Tribes;
(3) streamlining the ability of States, units of local
government, and Indian Tribes to purchase products offered by
the Federal Government; and
(4) any other relevant suggestions received as part of the
consultation and comments under subsection (b).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Grants.--
(1) Digital service grants.--There are authorized to be
appropriated to the Administrator to carry out section 3
$100,000,000 for each of fiscal years 2022 through 2028.
(2) Digital service planning grants.--There are authorized
to be appropriated to the Administrator to carry out section 4
$20,000,000 for each of fiscal years 2022 through 2028.
(b) Amounts for Audit and Oversight.--There are authorized to be
appropriated to the Inspector General of the General Services
Administration $1,000,000 for the first fiscal year during which
digital service grants are awarded, and each of the 7 fiscal years
thereafter, for audits and oversight of funds made available to carry
out this Act.
(c) Availability.--Amounts made available pursuant to subsections
(a) and (b) shall remain available until expended.
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