I 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Digital Equity Act of 

5 2021’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ADOPTION OF BROADBAND.—The term 

9 ‘‘adoption of broadband’’ means the process by 


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1 which an individual obtains daily access to the inter2 net— 

3 (A) at a speed, quality, and capacity— 

4 (i) that is necessary for the individual 

5 to accomplish common tasks; and 

6 (ii) such that the access qualifies as 

7 an advanced telecommunications capability; 

8 (B) with the digital skills that are nec9 essary for the individual to participate online; 

10 and 

11 (C) on a— 

12 (i) personal device; and 

13 (ii) secure and convenient network. 

14 (2) ADVANCED TELECOMMUNICATIONS CAPA15 BILITY.—The term ‘‘advanced telecommunications 

16 capability’’ has the meaning given the term in sec17 tion 706(d) of the Telecommunications Act of 1996 

18 (47 U.S.C. 1302(d)). 

19 (3) AGING INDIVIDUAL.—The term ‘‘aging indi20 vidual’’ has the meaning given the term ‘‘older indi21 vidual’’ in section 102 of the Older Americans Act 

22 of 1965 (42 U.S.C. 3002). 

23 (4) APPROPRIATE COMMITTEES OF CON24 GRESS.—The term ‘‘appropriate committees of Con25 gress’’ means— 


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1 (A) the Committee on Appropriations of 

2 the Senate; 

3 (B) the Committee on Commerce, Science, 

4 and Transportation of the Senate; 

5 (C) the Committee on Appropriations of 

6 the House of Representatives; and 

7 (D) the Committee on Energy and Com8 merce of the House of Representatives. 

9 (5) ASSISTANT SECRETARY.—The term ‘‘Assist10 ant Secretary’’ means the Assistant Secretary of 

11 Commerce for Communications and Information. 

12 (6) COMMUNITY ANCHOR INSTITUTION.—The 

13 term ‘‘community anchor institution’’ means a pub14 lic school, a library, a medical or healthcare pro15 vider, a community college or other institution of 

16 higher education, a State library agency, and any 

17 other nonprofit or governmental community support 

18 organization. 

19 (7) COVERED HOUSEHOLD.—The term ‘‘covered 

20 household’’ means a household, the taxable income 

21 of which for the most recently completed taxable 

22 year is not more than 150 percent of an amount 

23 equal to the poverty level, as determined by using 

24 criteria of poverty established by the Bureau of the 

25 Census. 


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1 (8) COVERED POPULATIONS.—The term ‘‘cov2 ered populations’’ means— 

3 (A) individuals who live in covered house4 holds; 

5 (B) aging individuals; 

6 (C) incarcerated individuals, other than in7 dividuals who are incarcerated in a Federal cor8 rectional facility; 

9 (D) veterans; 

10 (E) individuals with disabilities; 

11 (F) individuals with a language barrier, in12 cluding individuals who— 

13 (i) are English learners; and 

14 (ii) have low levels of literacy; 

15 (G) individuals who are members of a ra16 cial or ethnic minority group; and 

17 (H) individuals who primarily reside in a 

18 rural area. 

19 (9) COVERED PROGRAMS.—The term ‘‘covered 

20 programs’’ means the State Digital Equity Capacity 

21 Grant Program established under section 4 and the 

22 Digital Equity Competitive Grant Program estab23 lished under section 5. 

24 (10) DIGITAL EQUITY.—The term ‘‘digital eq25 uity’’ means the condition in which individuals and 


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1 communities have the information technology capac2 ity that is needed for full participation in the society 

3 and economy of the United States. 

4 (11) DIGITAL INCLUSION.—The term ‘‘digital 

5 inclusion’’— 

6 (A) means the activities that are necessary 

7 to ensure that all individuals in the United 

8 States have access to, and the use of, affordable 

9 information and communication technologies, 

10 such as— 

11 (i) reliable broadband internet service; 

12 (ii) internet-enabled devices that meet 

13 the needs of the user; and 

14 (iii) applications and online content 

15 designed to enable and encourage self-suf16 ficiency, participation, and collaboration; 

17 and 

18 (B) includes— 

19 (i) obtaining access to digital literacy 

20 training; 

21 (ii) the provision of quality technical 

22 support; and 

23 (iii) obtaining basic awareness of 

24 measures to ensure online privacy and cy25 bersecurity. 


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1 (12) DIGITAL LITERACY.—The term ‘‘digital lit2 eracy’’ means the skills associated with using tech3 nology to enable users to find, evaluate, organize, 

4 create, and communicate information. 

5 (13) DISABILITY.—The term ‘‘disability’’ has 

6 the meaning given the term in section 3 of the 

7 Americans with Disabilities Act of 1990 (42 U.S.C. 

8 12102). 

9 (14) ELIGIBLE STATE.—The term ‘‘eligible 

10 State’’ means— 

11 (A) with respect to planning grants made 

12 available under section 4(c)(3), a State with re13 spect to which the Assistant Secretary has ap14 proved an application submitted to the Assist15 ant Secretary under section 4(c)(3)(C); and 

16 (B) with respect to capacity grants award17 ed under section 4(d), a State with respect to 

18 which the Assistant Secretary has approved an 

19 application submitted to the Assistant Secretary 

20 under section 4(d)(2), including approval of the 

21 State Digital Equity Plan developed by the 

22 State under section 4(c). 

23 (15) GENDER IDENTITY.—The term ‘‘gender 

24 identity’’ has the meaning given the term in section 

25 249(c) of title 18, United States Code. 


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1 (16) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

2 has the meaning given the term in section 4(e) of 

3 the Indian Self-Determination and Education Assist4 ance Act (25 U.S.C. 5304(e)). 

5 (17) INSTITUTION OF HIGHER EDUCATION.— 

6 The term ‘‘institution of higher education’’— 

7 (A) has the meaning given the term in sec8 tion 101 of the Higher Education Act of 1965 

9 (20 U.S.C. 1001); and 

10 (B) includes a postsecondary vocational in11 stitution. 

12 (18) LOCAL EDUCATIONAL AGENCY.—The term 

13 ‘‘local educational agency’’ has the meaning given 

14 the term in section 8101(30) of the Elementary and 

15 Secondary Education Act of 1965 (20 U.S.C. 

16 7801(30)). 

17 (19) POSTSECONDARY VOCATIONAL INSTITU18 TION.—The term ‘‘postsecondary vocational institu19 tion’’ has the meaning given the term in section 

20 102(c) of the Higher Education Act of 1965 (20 

21 U.S.C. 1002(c)). 

22 (20) RURAL AREA.—The term ‘‘rural area’’ has 

23 the meaning given the term in section 601(b)(3) of 

24 the Rural Electrification Act of 1936 (7 U.S.C. 

25 950bb(b)(3)). 


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1 (21) SOCIALLY AND ECONOMICALLY DISADVAN2 TAGED SMALL BUSINESS CONCERN.—The term ‘‘so3 cially and economically disadvantaged small business 

4 concern’’ has the meaning given the term in section 

5 8(a)(4) of the Small Business Act (15 U.S.C. 

6 637(a)(4)). 

7 (22) STATE.—The term ‘‘State’’ means— 

8 (A) any State of the United States; 

9 (B) the District of Columbia; and 

10 (C) the Commonwealth of Puerto Rico. 

11 (23) VETERAN.—The term ‘‘veteran’’ has the 

12 meaning given the term in section 101 of title 38, 

13 United States Code. 

14 (24) WORKFORCE DEVELOPMENT PROGRAM.— 

15 The term ‘‘workforce development program’’ has the 

16 meaning given the term in section 3 of the Work17 force Innovation and Opportunity Act (29 U.S.C. 

18 3102). 

19 SEC. 3. SENSE OF CONGRESS. 

20 It is the sense of Congress that— 

21 (1) a broadband connection and digital literacy 

22 are increasingly critical to how individuals— 

23 (A) participate in the society, economy, 

24 and civic institutions of the United States; and 


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1 (B) access health care and essential serv2 ices, obtain education, and build careers; 

3 (2) digital exclusion— 

4 (A) carries a high societal and economic 

5 cost; 

6 (B) materially harms the opportunity of an 

7 individual with respect to the economic success, 

8 educational achievement, positive health out9 comes, social inclusion, and civic engagement of 

10 that individual; and 

11 (C) exacerbates existing wealth and income 

12 gaps, especially those experienced by covered 

13 populations; 

14 (3) achieving digital equity for all people of the 

15 United States requires additional and sustained in16 vestment and research efforts; 

17 (4) the Federal Government, as well as State, 

18 tribal, territorial, and local governments, have made 

19 social, legal, and economic obligations that nec20 essarily extend to how the citizens and residents of 

21 those governments access and use the internet; and 

22 (5) achieving digital equity is a matter of social 

23 and economic justice and is worth pursuing. 


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1 SEC. 4. STATE DIGITAL EQUITY CAPACITY GRANT PRO2 GRAM. 

3 (a) ESTABLISHMENT; PURPOSE.— 

4 (1) IN GENERAL.—The Assistant Secretary 

5 shall establish in the Department of Commerce the 

6 State Digital Equity Capacity Grant Program (re7 ferred to in this section as the ‘‘Program’’)— 

8 (A) the purpose of which is to promote the 

9 achievement of digital equity, support digital in10 clusion activities, and build capacity for efforts 

11 by States relating to the adoption of broadband 

12 by residents of those States; 

13 (B) through which the Assistant Secretary 

14 shall make grants to States in accordance with 

15 the requirements of this section; and 

16 (C) which shall ensure that States have the 

17 capacity to promote the achievement of digital 

18 equity and support digital inclusion activities. 

19 (2) CONSULTATION WITH OTHER FEDERAL

20 AGENCIES; NO CONFLICT.—In establishing the Pro21 gram under paragraph (1), the Assistant Secretary 

22 shall— 

23 (A) consult with— 

24 (i) the Secretary of Agriculture; 

25 (ii) the Secretary of Housing and 

26 Urban Development; 


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1 (iii) the Secretary of Education; 

2 (iv) the Secretary of Labor; 

3 (v) the Secretary of Health and 

4 Human Services; 

5 (vi) the Secretary of Veterans Affairs; 

6 (vii) the Secretary of the Interior; 

7 (viii) the Federal Communications 

8 Commission; 

9 (ix) the Federal Trade Commission; 

10 (x) the Director of the Institute of 

11 Museum and Library Services; 

12 (xi) the Administrator of the Small 

13 Business Administration; 

14 (xii) the Federal Cochairman of the 

15 Appalachian Regional Commission; and 

16 (xiii) the head of any other agency 

17 that the Assistant Secretary determines to 

18 be appropriate; and 

19 (B) ensure that the Program complements 

20 and enhances, and does not conflict with, other 

21 Federal broadband initiatives and programs. 

22 (b) ADMINISTERING ENTITY.— 

23 (1) SELECTION; FUNCTION.—The governor (or 

24 equivalent official) of a State that wishes to be 

25 awarded a grant under this section shall, from 


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1 among entities that are eligible under paragraph (2), 

2 select an administering entity for that State, which 

3 shall— 

4 (A) serve as the recipient of, and admin5 istering agent for, any grant awarded to the 

6 State under this section; 

7 (B) develop, implement, and oversee the 

8 State Digital Equity Plan for the State de9 scribed in subsection (c); 

10 (C) make subgrants to any entity described 

11 in subsection (c)(1)(D) that is located in the 

12 State in support of— 

13 (i) the State Digital Equity Plan for 

14 the State; and 

15 (ii) digital inclusion activities in the 

16 State generally; and 

17 (D) serve as— 

18 (i) an advocate for digital equity pol19 icy and digital inclusion activities; and 

20 (ii) a repository of best practice mate21 rials regarding the policies and activities 

22 described in clause (i). 

23 (2) ELIGIBLE ENTITIES.—Any of the following 

24 entities may serve as the administering entity for a 

25 State for the purposes of this section if the entity 


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1 has demonstrated a capacity to administer the Pro2 gram on a statewide level: 

3 (A) The State, a political subdivision, 

4 agency, or instrumentality of the State, an In5 dian tribe located in the State, an Alaska Na6 tive entity located in the State, or a Native Ha7 waiian organization located in the State. 

8 (B) A foundation, corporation, institution, 

9 association, or coalition that is— 

10 (i) a not-for-profit entity; 

11 (ii) located in the State; and 

12 (iii) not a school. 

13 (C) A community anchor institution, other 

14 than a school, that is located in the State. 

15 (D) A local educational agency that is lo16 cated in the State. 

17 (E) An entity located in the State that car18 ries out a workforce development program. 

19 (F) An agency of the State that is respon20 sible for administering or supervising adult edu21 cation and literacy activities in the State. 

22 (G) A public housing authority that is lo23 cated in the State. 


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1 (H) A partnership between any of the enti2 ties described in subparagraphs (A) through 

3 (G). 

4 (c) STATE DIGITAL EQUITY PLAN.— 

5 (1) DEVELOPMENT; CONTENTS.—A State that 

6 wishes to be awarded a grant under subsection (d) 

7 shall develop a State Digital Equity Plan for the 

8 State, which shall include— 

9 (A) the identification of the barriers to dig10 ital equity faced by covered populations in the 

11 State; 

12 (B) measurable objectives for documenting 

13 and promoting, among each group described in 

14 subparagraphs (A) through (H) of section 2(8) 

15 located in that State— 

16 (i) the availability of, and affordability 

17 of access to, broadband technology; 

18 (ii) the online accessibility and 

19 inclusivity of public resources and services; 

20 (iii) digital literacy; 

21 (iv) awareness of, and the use of, 

22 measures to secure the online privacy of, 

23 and cybersecurity with respect to, an indi24 vidual; and 


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1 (v) the availability and affordability of 

2 consumer devices and technical support for 

3 those devices; 

4 (C) an assessment of how the objectives 

5 described in subparagraph (B) will impact and 

6 interact with the State’s— 

7 (i) economic and workforce develop8 ment goals, plans, and outcomes; 

9 (ii) educational outcomes; 

10 (iii) health outcomes; 

11 (iv) civic and social engagement; and 

12 (v) delivery of other essential services; 

13 (D) in order to achieve the objectives de14 scribed in subparagraph (B), a description of 

15 how the State plans to collaborate with key 

16 stakeholders in the State, which may include— 

17 (i) community anchor institutions; 

18 (ii) county and municipal govern19 ments; 

20 (iii) local educational agencies; 

21 (iv) where applicable, Indian tribes, 

22 Alaska Native entities, or Native Hawaiian 

23 organizations; 

24 (v) nonprofit organizations; 

25 (vi) organizations that represent— 


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1 (I) individuals with disabilities, 

2 including organizations that represent 

3 children with disabilities; 

4 (II) aging individuals; 

5 (III) individuals with language 

6 barriers, including— 

7 (aa) individuals who are 

8 English learners; and 

9 (bb) individuals who have 

10 low levels of literacy; 

11 (IV) veterans; and 

12 (V) individuals in that State who 

13 are incarcerated in facilities other 

14 than Federal correctional facilities; 

15 (vii) civil rights organizations; 

16 (viii) entities that carry out workforce 

17 development programs; 

18 (ix) agencies of the State that are re19 sponsible for administering or supervising 

20 adult education and literacy activities in 

21 the State; 

22 (x) public housing authorities in the 

23 State; and 


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1 (xi) a partnership between any of the 

2 entities described in clauses (i) through 

3 (x); and 

4 (E) a list of organizations with which the 

5 administering entity for the State collaborated 

6 in developing and implementing the Plan. 

7 (2) PUBLIC AVAILABILITY.— 

8 (A) IN GENERAL.—The administering enti9 ty for a State shall make the State Digital Eq10 uity Plan of the State available for public com11 ment for a period of not less than 30 days be12 fore the date on which the State submits an ap13 plication to the Assistant Secretary under sub14 section (d)(2). 

15 (B) CONSIDERATION OF COMMENTS RE16 CEIVED.—The administering entity for a State 

17 shall, with respect to an application submitted 

18 to the Assistant Secretary under subsection 

19 (d)(2)— 

20 (i) before submitting the application— 

21 (I) consider all comments re22 ceived during the comment period de23 scribed in subparagraph (A) with re24 spect to the application (referred to in 


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1 this subparagraph as the ‘‘comment 

2 period’’); and 

3 (II) make any changes to the 

4 plan that the administering entity de5 termines to be worthwhile; and 

6 (ii) when submitting the application— 

7 (I) describe any changes pursued 

8 by the administering entity in re9 sponse to comments received during 

10 the comment period; and 

11 (II) include a written response to 

12 each comment received during the 

13 comment period. 

14 (3) PLANNING GRANTS.— 

15 (A) IN GENERAL.—Beginning in the first 

16 fiscal year that begins after the date of enact17 ment of this Act, the Assistant Secretary shall, 

18 in accordance with the requirements of this 

19 paragraph, award planning grants to States for 

20 the purpose of developing the State Digital Eq21 uity Plans of those States under this sub22 section. 

23 (B) ELIGIBILITY.—In order to be awarded 

24 a planning grant under this paragraph, a 

25 State— 


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1 (i) shall submit to the Assistant Sec2 retary an application under subparagraph 

3 (C); and 

4 (ii) may not have been awarded, at 

5 any time, a planning grant under this 

6 paragraph. 

7 (C) APPLICATION.—A State that wishes to 

8 be awarded a planning grant under this para9 graph shall, not later than 60 days after the 

10 date on which the notice of funding availability 

11 with respect to the grant is released, submit to 

12 the Assistant Secretary an application, in a for13 mat to be determined by the Assistant Sec14 retary, that contains the following materials: 

15 (i) A description of the entity selected 

16 to serve as the administering entity for the 

17 State, as described in subsection (b). 

18 (ii) A certification from the State 

19 that, not later than 1 year after the date 

20 on which the Assistant Secretary awards 

21 the planning grant to the State, the ad22 ministering entity for that State shall de23 velop a State Digital Equity Plan under 

24 this subsection, which— 


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1 (I) the administering entity shall 

2 submit to the Assistant Secretary; and 

3 (II) shall comply with the re4 quirements of this subsection, includ5 ing the requirement under paragraph 

6 (2)(B). 

7 (iii) The assurances required under 

8 subsection (e). 

9 (D) AWARDS.— 

10 (i) AMOUNT OF GRANT.—A planning 

11 grant awarded to an eligible State under 

12 this paragraph shall be determined accord13 ing to the formula under subsection 

14 (d)(3)(A)(i). 

15 (ii) DURATION.— 

16 (I) IN GENERAL.—Except as pro17 vided in subclause (II), with respect to 

18 a planning grant awarded to an eligi19 ble State under this paragraph, the 

20 State shall expend the grant funds 

21 during the 1-year period beginning on 

22 the date on which the State is award23 ed the grant funds. 

24 (II) EXCEPTION.—The Assistant 

25 Secretary may grant an extension of 


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1 not longer than 180 days with respect 

2 to the requirement under subclause 

3 (I). 

4 (iii) CHALLENGE MECHANISM.—The 

5 Assistant Secretary shall ensure that any 

6 eligible State to which a planning grant is 

7 awarded under this paragraph may appeal 

8 or otherwise challenge in a timely fashion 

9 the amount of the grant awarded to the 

10 State, as determined under clause (i). 

11 (E) USE OF FUNDS.—An eligible State to 

12 which a planning grant is awarded under this 

13 paragraph shall, through the administering en14 tity for that State, use the grant funds only for 

15 the following purposes: 

16 (i) To develop the State Digital Eq17 uity Plan of the State under this sub18 section. 

19 (ii)(I) Subject to subclause (II), to 

20 make subgrants to any of the entities de21 scribed in paragraph (1)(D) to assist in 

22 the development of the State Digital Eq23 uity Plan of the State under this sub24 section. 


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1 (II) If the administering entity for a 

2 State makes a subgrant described in sub3 clause (I), the administering entity shall, 

4 with respect to the subgrant, provide to the 

5 State the assurances required under sub6 section (e). 

7 (d) STATE CAPACITY GRANTS.— 

8 (1) IN GENERAL.—Beginning not later than 2 

9 years after the date on which the Assistant Sec10 retary begins awarding planning grants under sub11 section (c)(3), the Assistant Secretary shall each 

12 year award grants to eligible States to support— 

13 (A) the implementation of the State Dig14 ital Equity Plans of those States; and 

15 (B) digital inclusion activities in those 

16 States. 

17 (2) APPLICATION.—A State that wishes to be 

18 awarded a grant under this subsection shall, not 

19 later than 60 days after the date on which the notice 

20 of funding availability with respect to the grant is 

21 released, submit to the Assistant Secretary an appli22 cation, in a format to be determined by the Assist23 ant Secretary, that contains the following materials: 


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1 (A) A description of the entity selected to 

2 serve as the administering entity for the State, 

3 as described in subsection (b). 

4 (B) The State Digital Equity Plan of that 

5 State, as described in subsection (c). 

6 (C) A certification that the State, acting 

7 through the administering entity for the State, 

8 shall— 

9 (i) implement the State Digital Equity 

10 Plan of the State; and 

11 (ii) make grants in a manner that is 

12 consistent with the aims of the Plan de13 scribed in clause (i). 

14 (D) The assurances required under sub15 section (e). 

16 (E) In the case of a State to which the As17 sistant Secretary has previously awarded a 

18 grant under this subsection, any amendments 

19 to the State Digital Equity Plan of that State, 

20 as compared with the State Digital Equity Plan 

21 of the State previously submitted. 

22 (3) AWARDS.— 

23 (A) AMOUNT OF GRANT.— 

24 (i) FORMULA.—Subject to clauses (ii), 

25 (iii), and (iv), the Assistant Secretary shall 


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1 calculate the amount of a grant awarded to 

2 an eligible State under this subsection in 

3 accordance with the following criteria, 

4 using the best available data for all States 

5 for the fiscal year in which the grant is 

6 awarded: 

7 (I) 50 percent of the total grant 

8 amount shall be based on the popu9 lation of the eligible State in propor10 tion to the total population of all eligi11 ble States. 

12 (II) 25 percent of the total grant 

13 amount shall be based on the number 

14 of individuals in the eligible State who 

15 are covered populations in proportion 

16 to the total number of individuals in 

17 all eligible States who are covered 

18 populations. 

19 (III) 25 percent of the total 

20 grant amount shall be based on the 

21 comparative lack of availability and 

22 adoption of broadband in the eligible 

23 State in proportion to the lack of 

24 availability and adoption of broadband 

25 of all eligible States, which shall be 


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1 determined according to data collected 

2 from— 

3 (aa) the annual inquiry of 

4 the Federal Communications 

5 Commission conducted under sec6 tion 706(b) of the Telecommuni7 cations Act of 1996 (47 U.S.C. 

8 1302(b)); 

9 (bb) the American Commu10 nity Survey or, if necessary, 

11 other data collected by the Bu12 reau of the Census; 

13 (cc) the Internet and Com14 puter Use Supplement to the 

15 Current Population Survey of the 

16 Bureau of the Census; and 

17 (dd) any other source that 

18 the Assistant Secretary, after ap19 propriate notice and opportunity 

20 for public comment, determines 

21 to be appropriate. 

22 (ii) MINIMUM AWARD.—The amount 

23 of a grant awarded to an eligible State 

24 under this subsection in a fiscal year shall 

25 be not less than 0.5 percent of the total 


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1 amount made available to award grants to 

2 eligible States for that fiscal year. 

3 (iii) ADDITIONAL AMOUNTS.—If, after 

4 awarding planning grants to States under 

5 subsection (c)(3) and capacity grants to el6 igible States under this subsection in a fis7 cal year, there are amounts remaining to 

8 carry out this section, the Assistant Sec9 retary shall distribute those amounts— 

10 (I) to eligible States to which the 

11 Assistant Secretary has awarded 

12 grants under this subsection for that 

13 fiscal year; and 

14 (II) in accordance with the for15 mula described in clause (i). 

16 (iv) DATA UNAVAILABLE.—If, in a fis17 cal year, the Commonwealth of Puerto 

18 Rico (referred to in this clause as ‘‘Puerto 

19 Rico’’) is an eligible State and specific data 

20 for Puerto Rico is unavailable for a factor 

21 described in subclause (I), (II), or (III) of 

22 clause (i), the Assistant Secretary shall use 

23 the median data point with respect to that 

24 factor among all eligible States and assign 

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1 ing any calculation under that clause for 

2 that fiscal year. 

3 (B) DURATION.—With respect to a grant 

4 awarded to an eligible State under this sub5 section, the eligible State shall expend the grant 

6 funds during the 5-year period beginning on the 

7 date on which the eligible State is awarded the 

8 grant funds. 

9 (C) CHALLENGE MECHANISM.—The As10 sistant Secretary shall ensure that any eligible 

11 State to which a grant is awarded under this 

12 subsection may appeal or otherwise challenge in 

13 a timely fashion the amount of the grant 

14 awarded to the State, as determined under sub15 paragraph (A). 

16 (D) USE OF FUNDS.—The administering 

17 entity for an eligible State to which a grant is 

18 awarded under this subsection shall use the 

19 grant amounts for the following purposes: 

20 (i)(I) Subject to subclause (II), to up21 date or maintain the State Digital Equity 

22 Plan of the State. 

23 (II) An administering entity for an el24 igible State to which a grant is awarded 

25 under this subsection may use not more 


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1 than 20 percent of the amount of the 

2 grant for the purpose described in sub3 clause (I). 

4 (ii) To implement the State Digital 

5 Equity Plan of the State. 

6 (iii)(I) Subject to subclause (II), to 

7 award a grant to any entity that is de8 scribed in section 5(b) and is located in the 

9 eligible State in order to— 

10 (aa) assist in the implementation 

11 of the State Digital Equity Plan of 

12 the State; 

13 (bb) pursue digital inclusion ac14 tivities in the State consistent with 

15 the State Digital Equity Plan of the 

16 State; and 

17 (cc) report to the State regarding 

18 the digital inclusion activities of the 

19 entity. 

20 (II) Before an administering entity 

21 for an eligible State may award a grant 

22 under subclause (I), the administering en23 tity shall require the entity to which the 

24 grant is awarded to certify that— 


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1 (aa) the entity shall carry out the 

2 activities required under items (aa), 

3 (bb), and (cc) of that subclause; 

4 (bb) the receipt of the grant shall 

5 not result in unjust enrichment of the 

6 entity; and 

7 (cc) the entity shall cooperate 

8 with any evaluation— 

9 (AA) of any program that 

10 relates to a grant awarded to the 

11 entity; and 

12 (BB) that is carried out by 

13 or for the administering entity, 

14 the Assistant Secretary, or an15 other Federal official. 

16 (iv)(I) Subject to subclause (II), to 

17 evaluate the efficacy of the efforts funded 

18 by grants made under clause (iii). 

19 (II) An administering entity for an el20 igible State to which a grant is awarded 

21 under this subsection may use not more 

22 than 5 percent of the amount of the grant 

23 for a purpose described in subclause (I). 

24 (v)(I) Subject to subclause (II), for 

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1 rying out the activities described in clauses 

2 (i) through (iv). 

3 (II) An administering entity for an el4 igible State to which a grant is awarded 

5 under this subsection may use not more 

6 than 3 percent of the amount of the grant 

7 for a purpose described in subclause (I). 

8 (e) ASSURANCES.—When applying for a grant under 

9 this section, a State shall include in the application for 

10 that grant assurances that— 

11 (1) if an entity described in section 5(b) is 

12 awarded grant funds under this section (referred to 

13 in this subsection as a ‘‘covered recipient’’), provide 

14 that— 

15 (A) the covered recipient shall use the 

16 grant funds in accordance with any applicable 

17 statute, regulation, and application procedure; 

18 (B) the administering entity for that State 

19 shall adopt and use proper methods of admin20 istering any grant that the covered recipient is 

21 awarded, including by— 

22 (i) enforcing any obligation imposed 

23 under law on any agency, institution, orga24 nization, or other entity that is responsible 


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1 for carrying out the program to which the 

2 grant relates; 

3 (ii) correcting any deficiency in the 

4 operation of a program to which the grant 

5 relates, as identified through an audit or 

6 another monitoring or evaluation proce7 dure; and 

8 (iii) adopting written procedures for 

9 the receipt and resolution of complaints al10 leging a violation of law with respect to a 

11 program to which the grant relates; and 

12 (C) the administering entity for that State 

13 shall cooperate in carrying out any evaluation— 

14 (i) of any program that relates to a 

15 grant awarded to the covered recipient; 

16 and 

17 (ii) that is carried out by or for the 

18 Assistant Secretary or another Federal of19 ficial; 

20 (2) the administering entity for that State 

21 shall— 

22 (A) use fiscal control and fund accounting 

23 procedures that ensure the proper disbursement 

24 of, and accounting for, any Federal funds that 

25 the State is awarded under this section; 


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1 (B) submit to the Assistant Secretary any 

2 reports that may be necessary to enable the As3 sistant Secretary to perform the duties of the 

4 Assistant Secretary under this section; 

5 (C) maintain any records and provide any 

6 information to the Assistant Secretary, includ7 ing those records, that the Assistant Secretary 

8 determines is necessary to enable the Assistant 

9 Secretary to perform the duties of the Assistant 

10 Secretary under this section; and 

11 (D) with respect to any significant pro12 posed change or amendment to the State Dig13 ital Equity Plan for the State, make the change 

14 or amendment available for public comment in 

15 accordance with subsection (c)(2); and 

16 (3) the State, before submitting to the Assist17 ant Secretary the State Digital Equity Plan of the 

18 State, has complied with the requirements of sub19 section (c)(2). 

20 (f) TERMINATION OF GRANT.— 

21 (1) IN GENERAL.—The Assistant Secretary 

22 shall terminate a grant awarded to an eligible State 

23 under this section if, after notice to the State and 

24 opportunity for a hearing, the Assistant Secretary— 


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1 (A) presents to the State a rationale and 

2 supporting information that clearly dem3 onstrates that— 

4 (i) the grant funds are not contrib5 uting to the development or execution of 

6 the State Digital Equity Plan of the State, 

7 as applicable; and 

8 (ii) the State is not upholding assur9 ances made by the State to the Assistant 

10 Secretary under subsection (e); and 

11 (B) determines that the grant is no longer 

12 necessary to achieve the original purpose for 

13 which Assistant Secretary awarded the grant. 

14 (2) REDISTRIBUTION.—If the Assistant Sec15 retary, in a fiscal year, terminates a grant under 

16 paragraph (1), the Assistant Secretary shall redis17 tribute the unspent grant amounts— 

18 (A) to eligible States to which the Assist19 ant Secretary has awarded grants under sub20 section (d) for that fiscal year; and 

21 (B) in accordance with the formula de22 scribed in subsection (d)(3)(A)(i). 

23 (g) REPORTING AND INFORMATION REQUIREMENTS; 

24 INTERNET DISCLOSURE.—The Assistant Secretary— 

25 (1) shall— 


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1 (A) require any entity to which a grant, in2 cluding a subgrant, is awarded under this sec3 tion to publicly report, for each year during the 

4 period described in subsection (c)(3)(D)(ii) or 

5 (d)(3)(B), as applicable, with respect to the 

6 grant, and in a format specified by the Assist7 ant Secretary, on— 

8 (i) the use of that grant by the entity; 

9 (ii) the progress of the entity towards 

10 fulfilling the objectives for which the grant 

11 was awarded; and 

12 (iii) the implementation of the State 

13 Digital Equity Plan of the State; 

14 (B) establish appropriate mechanisms to 

15 ensure that each eligible State to which a grant 

16 is awarded under this section— 

17 (i) uses the grant amounts in an ap18 propriate manner; and 

19 (ii) complies with all terms with re20 spect to the use of the grant amounts; and 

21 (C) create and maintain a fully searchable 

22 database, which shall be accessible on the inter23 net at no cost to the public, that contains, at 

24 a minimum— 


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1 (i) the application of each State that 

2 has applied for a grant under this section; 

3 (ii) the status of each application de4 scribed in clause (i); 

5 (iii) each report submitted by an enti6 ty under subparagraph (A); 

7 (iv) a record of public comments made 

8 regarding the State Digital Equity Plan of 

9 a State, as well as any written responses to 

10 or actions taken in as a result of those 

11 comments; and 

12 (v) any other information that is suf13 ficient to allow the public to understand 

14 and monitor grants awarded under this 

15 section; and 

16 (2) may establish additional reporting and in17 formation requirements for any recipient of a grant 

18 under this section. 

19 (h) SUPPLEMENT NOT SUPPLANT.—A grant or 

20 subgrant awarded under this section shall supplement, not 

21 supplant, other Federal or State funds that have been 

22 made available to carry out activities described in this sec23 tion. 


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1 (i) SET ASIDES.—From amounts made available in 

2 a fiscal year to carry out the Program, the Assistant Sec3 retary shall reserve— 

4 (1) not more than 5 percent for the implemen5 tation and administration of the Program, which 

6 shall include— 

7 (A) providing technical support and assist8 ance, including ensuring consistency in data re9 porting; 

10 (B) providing assistance to— 

11 (i) States, or administering entities 

12 for States, to prepare the applications of 

13 those States; and 

14 (ii) administering entities with respect 

15 to grants awarded under this section; and 

16 (C) developing the report required under 

17 section 6(a); 

18 (2) not less than 5 percent to award grants to, 

19 or enter into contracts or cooperative agreements 

20 with, Indian tribes, Alaska Native entities, and Na21 tive Hawaiian organizations to allow those tribes, 

22 entities, and organizations to carry out the activities 

23 described in this section; and 

24 (3) not less than 1 percent to award grants to, 

25 or enter into contracts or cooperative agreements 


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1 with, the United States Virgin Islands, Guam, 

2 American Samoa, the Commonwealth of the North3 ern Mariana Islands, and any other territory or pos4 session of the United States that is not a State to 

5 enable those entities to carry out the activities de6 scribed in this section. 

7 (j) RULES.—The Assistant Secretary may prescribe 

8 such rules as may be necessary to carry out this section. 

9 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated— 

11 (1) $60,000,000 for the award of grants under 

12 subsection (c)(3), and such amount is authorized to 

13 remain available through fiscal year 2026; and 

14 (2) $625,000,000 for fiscal year 2022 for the 

15 award of grants under subsection (d), and such 

16 amount is authorized to remain available through 

17 fiscal year 2026. 

18 SEC. 5. DIGITAL EQUITY COMPETITIVE GRANT PROGRAM. 

19 (a) ESTABLISHMENT.— 

20 (1) IN GENERAL.—Not later than 30 days after 

21 the date on which the Assistant Secretary begins 

22 awarding grants under section 4(d), and not before 

23 that date, the Assistant Secretary shall establish in 

24 the Department of Commerce the Digital Equity 

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1 tion as the ‘‘Program’’), the purpose of which is to 

2 award grants to support efforts to achieve digital eq3 uity, promote digital inclusion activities, and spur 

4 greater adoption of broadband among covered popu5 lations. 

6 (2) CONSULTATION; NO CONFLICT.—In estab7 lishing the Program under paragraph (1), the As8 sistant Secretary— 

9 (A) may consult a State with respect to— 

10 (i) the identification of groups de11 scribed in subparagraphs (A) through (H) 

12 of section 2(8) located in that State; and 

13 (ii) the allocation of grant funds with14 in that State for projects in or affecting 

15 the State; and 

16 (B) shall— 

17 (i) consult with— 

18 (I) the Secretary of Agriculture; 

19 (II) the Secretary of Housing 

20 and Urban Development; 

21 (III) the Secretary of Education; 

22 (IV) the Secretary of Labor; 

23 (V) the Secretary of Health and 

24 Human Services; 


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1 (VI) the Secretary of Veterans 

2 Affairs; 

3 (VII) the Secretary of the Inte4 rior; 

5 (VIII) the Federal Communica6 tions Commission; 

7 (IX) the Federal Trade Commis8 sion; 

9 (X) the Director of the Institute 

10 of Museum and Library Services; 

11 (XI) the Administrator of the 

12 Small Business Administration; 

13 (XII) the Federal Cochairman of 

14 the Appalachian Regional Commis15 sion; and 

16 (XIII) the head of any other 

17 agency that the Assistant Secretary 

18 determines to be appropriate; and 

19 (ii) ensure that the Program com20 plements and enhances, and does not con21 flict with, other Federal broadband initia22 tives and programs. 

23 (b) ELIGIBILITY.—The Assistant Secretary may 

24 award a grant under the Program to any of the following 


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1 entities if the entity is not serving, and has not served, 

2 as the administering entity for a State under section 4(b): 

3 (1) A political subdivision, agency, or instru4 mentality of a State, including an agency of a State 

5 that is responsible for administering or supervising 

6 adult education and literacy activities in the State. 

7 (2) An Indian tribe, an Alaska Native entity, or 

8 a Native Hawaiian organization. 

9 (3) A foundation, corporation, institution, or 

10 association that is— 

11 (A) a not-for-profit entity; and 

12 (B) not a school. 

13 (4) A community anchor institution. 

14 (5) A local educational agency. 

15 (6) An entity that carries out a workforce devel16 opment program. 

17 (7) A partnership between any of the entities 

18 described in paragraphs (1) through (6). 

19 (8) A partnership between— 

20 (A) an entity described in any of para21 graphs (1) through (6); and 

22 (B) an entity that— 

23 (i) the Assistant Secretary, by rule, 

24 determines to be in the public interest; and 

25 (ii) is not a school. 


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1 (c) APPLICATION.—An entity that wishes to be 

2 awarded a grant under the Program shall submit to the 

3 Assistant Secretary an application— 

4 (1) at such time, in such form, and containing 

5 such information as the Assistant Secretary may re6 quire; and 

7 (2) that— 

8 (A) provides a detailed explanation of how 

9 the entity will use any grant amounts awarded 

10 under the Program to carry out the purposes of 

11 the Program in an efficient and expeditious 

12 manner; 

13 (B) identifies the period in which the ap14 plicant will expend the grant funds awarded 

15 under the Program; 

16 (C) includes— 

17 (i) a justification for the amount of 

18 the grant that the applicant is requesting; 

19 and 

20 (ii) for each fiscal year in which the 

21 applicant will expend the grant funds, a 

22 budget for the activities that the grant 

23 funds will support; 

24 (D) demonstrates to the satisfaction of the 

25 Assistant Secretary that the entity— 


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1 (i) is capable of carrying out— 

2 (I) the project or function to 

3 which the application relates; and 

4 (II) the activities described in 

5 subsection (h)— 

6 (aa) in a competent manner; 

7 and 

8 (bb) in compliance with all 

9 applicable Federal, State, and 

10 local laws; and 

11 (ii) if the applicant is an entity de12 scribed in subsection (b)(1), shall appro13 priate or otherwise unconditionally obligate 

14 from non-Federal sources funds that are 

15 necessary to meet the requirements of sub16 section (e); 

17 (E) discloses to the Assistant Secretary the 

18 source and amount of other Federal, State, or 

19 outside funding sources from which the entity 

20 receives, or has applied for, funding for activi21 ties or projects to which the application relates; 

22 and 

23 (F) provides— 

24 (i) the assurances that are required 

25 under subsection (f); and 


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1 (ii) an assurance that the entity shall 

2 follow such additional procedures as the 

3 Assistant Secretary may require to ensure 

4 that grant funds are used and accounted 

5 for in an appropriate manner. 

6 (d) AWARD OF GRANTS.— 

7 (1) FACTORS CONSIDERED IN AWARD OF

8 GRANTS.—In deciding whether to award a grant 

9 under the Program, the Assistant Secretary shall, to 

10 the extent practicable, consider— 

11 (A) whether— 

12 (i) an application shall, if approved— 

13 (I) increase internet access and 

14 the adoption of broadband among cov15 ered populations to be served by the 

16 applicant; and 

17 (II) not result in unjust enrich18 ment; and 

19 (ii) the applicant is, or plans to sub20 contract with, a socially and economically 

21 disadvantaged small business concern; 

22 (B) the comparative geographic diversity of 

23 the application in relation to other eligible ap24 plications; and 


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1 (C) the extent to which an application may 

2 duplicate or conflict with another program. 

3 (2) USE OF FUNDS.— 

4 (A) IN GENERAL.—In addition to the ac5 tivities required under subparagraph (B), an 

6 entity to which the Assistant Secretary awards 

7 a grant under the Program shall use the grant 

8 amounts to support not less than 1 of the fol9 lowing activities: 

10 (i) To develop and implement digital 

11 inclusion activities that benefit covered 

12 populations. 

13 (ii) To facilitate the adoption of 

14 broadband by covered populations in order 

15 to provide educational and employment op16 portunities to those populations. 

17 (iii) To implement, consistent with the 

18 purposes of this Act— 

19 (I) training programs for covered 

20 populations that cover basic, ad21 vanced, and applied skills; or 

22 (II) other workforce development 

23 programs. 

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1 ware and software, or digital network tech2 nology for broadband services to covered 

3 populations at low or no cost. 

4 (v) To construct, upgrade, expend, or 

5 operate new or existing public access com6 puting centers for covered populations 

7 through community anchor institutions. 

8 (vi) To undertake any other project 

9 and activity that the Assistant Secretary 

10 finds to be consistent with the purposes for 

11 which the Program is established. 

12 (B) EVALUATION.— 

13 (i) IN GENERAL.—An entity to which 

14 the Assistant Secretary awards a grant 

15 under the Program shall use not more 

16 than 10 percent of the grant amounts to 

17 measure and evaluate the activities sup18 ported with the grant amounts. 

19 (ii) SUBMISSION TO ASSISTANT SEC20 RETARY.—An entity to which the Assistant 

21 Secretary awards a grant under the Pro22 gram shall submit to the Assistant Sec23 retary each measurement and evaluation 

24 performed under clause (i)— 


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1 (I) in a manner specified by the 

2 Assistant Secretary; 

3 (II) not later than 15 months 

4 after the date on which the entity is 

5 awarded the grant amounts; and 

6 (III) annually after the submis7 sion described in subclause (II) for 

8 any year in which the entity expends 

9 grant amounts. 

10 (C) ADMINISTRATIVE COSTS.—An entity to 

11 which the Assistant Secretary awards a grant 

12 under the Program may use not more than 10 

13 percent of the amount of the grant for adminis14 trative costs in carrying out any of the activities 

15 described in subparagraph (A). 

16 (D) TIME LIMITATIONS.—With respect to 

17 a grant awarded to an entity under the Pro18 gram, the entity— 

19 (i) except as provided in clause (ii), 

20 shall expend the grant amounts during the 

21 4-year period beginning on the date on 

22 which the entity is awarded the grant 

23 amounts; and 

24 (ii) during the 1-year period beginning 

25 on the date that is 4 years after the date 


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1 on which the entity is awarded the grant 

2 amounts, may continue to measure and 

3 evaluate the activities supported with the 

4 grant amounts, as required under subpara5 graph (B). 

6 (e) FEDERAL SHARE.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), the Federal share of any project for 

9 which the Assistant Secretary awards a grant under 

10 the Program may not exceed 90 percent. 

11 (2) EXCEPTION.—The Assistant Secretary may 

12 grant a waiver with respect to the limitation on the 

13 Federal share of a project described in paragraph 

14 (1) if— 

15 (A) the applicant with respect to the 

16 project petitions the Assistant Secretary for the 

17 waiver; and 

18 (B) the Assistant Secretary determines 

19 that the petition described in subparagraph (A) 

20 demonstrates financial need. 

21 (f) ASSURANCES.—When applying for a grant under 

22 this section, an entity shall include in the application for 

23 that grant assurances that the entity shall— 

24 (1) use any grant funds that the entity is 

25 awarded— 


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1 (A) in accordance with any applicable stat2 ute, regulation, and application procedure; and 

3 (B) to the extent required under applicable 

4 law; 

5 (2) adopt and use proper methods of admin6 istering any grant that the entity is awarded, includ7 ing by— 

8 (A) enforcing any obligation imposed under 

9 law on any agency, institution, organization, or 

10 other entity that is responsible for carrying out 

11 a program to which the grant relates; 

12 (B) correcting any deficiency in the oper13 ation of a program to which the grant relates, 

14 as identified through an audit or another moni15 toring or evaluation procedure; and 

16 (C) adopting written procedures for the re17 ceipt and resolution of complaints alleging a 

18 violation of law with respect to a program to 

19 which the grant relates; 

20 (3) cooperate with respect to any evaluation— 

21 (A) of any program that relates to a grant 

22 awarded to the entity; and 

23 (B) that is carried out by or for the Assist24 ant Secretary or another Federal official; 


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1 (4) use fiscal control and fund accounting pro2 cedures that ensure the proper disbursement of, and 

3 accounting for, any Federal funds that the entity is 

4 awarded under the Program; 

5 (5) submit to the Assistant Secretary any re6 ports that may be necessary to enable the Assistant 

7 Secretary to perform the duties of the Assistant Sec8 retary under the Program; and 

9 (6) maintain any records and provide any infor10 mation to the Assistant Secretary, including those 

11 records, that the Assistant Secretary determines is 

12 necessary to enable the Assistant Secretary to per13 form the duties of the Assistant Secretary under the 

14 Program. 

15 (g) DEOBLIGATION OR TERMINATION OF GRANT.— 

16 In addition to other authority under applicable law, the 

17 Assistant Secretary may— 

18 (1) deobligate or terminate a grant awarded to 

19 an entity under this section if, after notice to the en20 tity and opportunity for a hearing, the Assistant 

21 Secretary— 

22 (A) presents to the entity a rationale and 

23 supporting information that clearly dem24 onstrates that— 


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1 (i) the grant funds are not being used 

2 in a manner that is consistent with the ap3 plication with respect to the grant sub4 mitted by the entity under subsection (c); 

5 and 

6 (ii) the entity is not upholding assur7 ances made by the entity to the Assistant 

8 Secretary under subsection (f); and 

9 (B) determines that the grant is no longer 

10 necessary to achieve the original purpose for 

11 which Assistant Secretary awarded the grant; 

12 and 

13 (2) with respect to any grant funds that the As14 sistant Secretary deobligates or terminates under 

15 paragraph (1), competitively award the grant funds 

16 to another applicant, consistent with the require17 ments of this section. 

18 (h) REPORTING AND INFORMATION REQUIREMENTS; 

19 INTERNET DISCLOSURE.—The Assistant Secretary— 

20 (1) shall— 

21 (A) require any entity to which the Assist22 ant Secretary awards a grant under the Pro23 gram to, for each year during the period de24 scribed in subsection (d)(2)(D) with respect to 

25 the grant, submit to the Assistant Secretary a 


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•HR 1841 IH

1 report, in a format specified by the Assistant 

2 Secretary, regarding— 

3 (i) the amount of the grant; 

4 (ii) the use by the entity of the grant 

5 amounts; and 

6 (iii) the progress of the entity towards 

7 fulfilling the objectives for which the grant 

8 was awarded; 

9 (B) establish mechanisms to ensure appro10 priate use of, and compliance with respect to all 

11 terms regarding, grant funds awarded under 

12 the Program; 

13 (C) create and maintain a fully searchable 

14 database, which shall be accessible on the inter15 net at no cost to the public, that contains, at 

16 a minimum— 

17 (i) a list of each entity that has ap18 plied for a grant under the Program; 

19 (ii) a description of each application 

20 described in clause (i), including the pro21 posed purpose of each grant described in 

22 that clause; 

23 (iii) the status of each application de24 scribed in clause (i), including whether the 

25 Assistant Secretary has awarded a grant 


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•HR 1841 IH

1 with respect to the application and, if so, 

2 the amount of the grant; 

3 (iv) each report submitted by an enti4 ty under subparagraph (A); and 

5 (v) any other information that is suf6 ficient to allow the public to understand 

7 and monitor grants awarded under the 

8 Program; and 

9 (D) ensure that any entity with respect to 

10 which an award is deobligated or terminated 

11 under subsection (g) may, in a timely manner, 

12 appeal or otherwise challenge that deobligation 

13 or termination, as applicable; and 

14 (2) may establish additional reporting and in15 formation requirements for any recipient of a grant 

16 under the Program. 

17 (i) SUPPLEMENT NOT SUPPLANT.—A grant awarded 

18 to an entity under the Program shall supplement, not sup19 plant, other Federal or State funds that have been made 

20 available to the entity to carry out activities described in 

21 this section. 

22 (j) SET ASIDES.—From amounts made available in 

23 a fiscal year to carry out the Program, the Assistant Sec24 retary shall reserve— 


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1 (1) 5 percent for the implementation and ad2 ministration of the Program, which shall include— 

3 (A) providing technical support and assist4 ance, including ensuring consistency in data re5 porting; 

6 (B) providing assistance to entities to pre7 pare the applications of those entities with re8 spect to grants awarded under this section; 

9 (C) developing the report required under 

10 section 6(a); and 

11 (D) conducting outreach to entities that 

12 may be eligible to be awarded a grant under the 

13 Program regarding opportunities to apply for 

14 such a grant; 

15 (2) 5 percent to award grants to, or enter into 

16 contracts or cooperative agreements with, Indian 

17 tribes, Alaska Native entities, and Native Hawaiian 

18 organizations to allow those tribes, entities, and or19 ganizations to carry out the activities described in 

20 this section; and 

21 (3) 1 percent to award grants to, or enter into 

22 contracts or cooperative agreements with, the United 

23 States Virgin Islands, Guam, American Samoa, the 

24 Commonwealth of the Northern Mariana Islands, 

25 and any other territory or possession of the United 


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1 States that is not a State to enable those entities to 

2 carry out the activities described in this section. 

3 (k) RULES.—The Assistant Secretary may prescribe 

4 such rules as may be necessary to carry out this section. 

5 (l) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to carry out this section 

7 $625,000,000 for fiscal year 2022, and such amount is 

8 authorized to remain available through fiscal year 2026. 

9 SEC. 6. POLICY RESEARCH, DATA COLLECTION, ANALYSIS 

10 AND MODELING, EVALUATION, AND DISSEMI11 NATION. 

12 (a) REPORTING REQUIREMENTS.— 

13 (1) IN GENERAL.—Not later than 1 year after 

14 the date on which the Assistant Secretary begins 

15 awarding grants under section 4(d)(1), and annually 

16 thereafter, the Assistant Secretary shall— 

17 (A) submit to the appropriate committees 

18 of Congress a report that documents, for the 

19 year covered by the report— 

20 (i) the findings of each evaluation 

21 conducted under subparagraph (B); 

22 (ii) a list of each grant awarded under 

23 each covered program, which shall in24 clude— 


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1 (I) the amount of each such 

2 grant; 

3 (II) the recipient of each such 

4 grant; and 

5 (III) the purpose for which each 

6 such grant was awarded; 

7 (iii) any deobligation, termination, or 

8 modification of a grant awarded under the 

9 covered programs, which shall include a 

10 description of the subsequent usage of any 

11 funds to which such an action applies; and 

12 (iv) each challenge made by an appli13 cant for, or a recipient of, a grant under 

14 the covered programs and the outcome of 

15 each such challenge; and 

16 (B) conduct evaluations of the activities 

17 carried out under the covered programs, which 

18 shall include an evaluation of— 

19 (i) whether eligible States to which 

20 grants are awarded under the program es21 tablished under section 4 are— 

22 (I) abiding by the assurances 

23 made by those States under sub24 section (e) of that section; 


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1 (II) meeting, or have met, the 

2 stated goals of the Digital Equity 

3 Plans developed by the States under 

4 subsection (c) of that section; 

5 (III) satisfying the requirements 

6 imposed by the Assistant Secretary on 

7 those States under subsection (g) of 

8 that section; and 

9 (IV) in compliance with any 

10 other rules, requirements, or regula11 tions promulgated by the Assistant 

12 Secretary in implementing that pro13 gram; and 

14 (ii) whether entities to which grants 

15 are awarded under the program established 

16 under section 5 are— 

17 (I) abiding by the assurances 

18 made by those entities under sub19 section (f) of that section; 

20 (II) meeting, or have met, the 

21 stated goals of those entities with re22 spect to the use of the grant amounts; 

23 (III) satisfying the requirements 

24 imposed by the Assistant Secretary on 


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1 those States under subsection (h) of 

2 that section; and 

3 (IV) in compliance with any 

4 other rules, requirements, or regula5 tions promulgated by the Assistant 

6 Secretary in implementing that pro7 gram. 

8 (2) PUBLIC AVAILABILITY.—The Assistant Sec9 retary shall make each report submitted under para10 graph (1)(A) publicly available in an online format 

11 that— 

12 (A) facilitates access and ease of use; 

13 (B) is searchable; and 

14 (C) is accessible— 

15 (i) to individuals with disabilities; and 

16 (ii) in languages other than English. 

17 (b) AUTHORITY TO CONTRACT AND ENTER INTO

18 OTHER ARRANGEMENTS.—The Assistant Secretary may 

19 award grants and enter into contracts, cooperative agree20 ments, and other arrangements with Federal agencies, 

21 public and private organizations, and other entities with 

22 expertise that the Assistant Secretary determines appro23 priate in order to— 


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1 (1) evaluate the impact and efficacy of activities 

2 supported by grants awarded under the covered pro3 grams; and 

4 (2) develop, catalog, disseminate, and promote 

5 the exchange of best practices, both with respect to 

6 and independent of the covered programs, in order 

7 to achieve digital equity. 

8 (c) CONSULTATION AND PUBLIC ENGAGEMENT.—In 

9 carrying out subsection (a), and to further the objectives 

10 described in paragraphs (1) and (2) of subsection (b), the 

11 Assistant Secretary shall conduct ongoing collaboration 

12 and consult with— 

13 (1) the Secretary of Agriculture; 

14 (2) the Secretary of Housing and Urban Devel15 opment; 

16 (3) the Secretary of Education; 

17 (4) the Secretary of Labor; 

18 (5) the Secretary of Health and Human Serv19 ices; 

20 (6) the Secretary of Veterans Affairs; 

21 (7) the Secretary of the Interior; 

22 (8) the Federal Communications Commission; 

23 (9) the Federal Trade Commission; 

24 (10) the Director of the Institute of Museum 

25 and Library Services; 


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1 (11) the Administrator of the Small Business 

2 Administration; 

3 (12) the Federal Cochairman of the Appa4 lachian Regional Commission; 

5 (13) State agencies and governors of States (or 

6 equivalent officials); 

7 (14) entities serving as administering entities 

8 for States under section 4(b); 

9 (15) national, State, tribal, and local organiza10 tions that provide digital inclusion, digital equity, or 

11 digital literacy services; 

12 (16) researchers, academics, and philanthropic 

13 organizations; and 

14 (17) other agencies, organizations (including 

15 international organizations), entities (including enti16 ties with expertise in the fields of data collection, 

17 analysis and modeling, and evaluation), and commu18 nity stakeholders, as determined appropriate by the 

19 Assistant Secretary. 

20 (d) TECHNICAL SUPPORT AND ASSISTANCE.—The 

21 Assistant Secretary shall provide technical support and as22 sistance, assistance to entities to prepare the applications 

23 of those entities with respect to grants awarded under the 

24 covered programs, and other resources, to the extent pracVerDate Sep 11 2014 20:31 May 03, 2021 Jkt 019200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H1841.IH H1841

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1 ticable, to ensure consistency in data reporting and to 

2 meet the objectives of this section. 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums as may be 

5 necessary to carry out this section, which shall remain 

6 available until expended. 

7 SEC. 7. GENERAL PROVISIONS. 

8 (a) NONDISCRIMINATION.— 

9 (1) IN GENERAL.—No individual in the United 

10 States may, on the basis of actual or perceived race, 

11 color, religion, national origin, sex, gender identity, 

12 sexual orientation, age, or disability, be excluded 

13 from participation in, be denied the benefits of, or 

14 be subjected to discrimination under any program or 

15 activity that is funded in whole or in part with funds 

16 made available under this Act. 

17 (2) ENFORCEMENT.—The Assistant Secretary 

18 shall effectuate paragraph (1) with respect to any 

19 program or activity described in that paragraph by 

20 issuing regulations and taking actions consistent 

21 with section 602 of the Civil Rights Act of 1964 (42 

22 U.S.C. 2000d–1). 

23 (3) JUDICIAL REVIEW.—Judicial review of an 

24 action taken by the Assistant Secretary under para25 graph (2) shall be available to the extent provided in 


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1 section 603 of the Civil Rights Act of 1964 (42 

2 U.S.C. 2000d–2). 

3 (b) TECHNOLOGICAL NEUTRALITY.—The Assistant 

4 Secretary shall, to the extent practicable, carry out this 

5 Act in a technologically neutral manner. 

6 (c) AUDIT AND OVERSIGHT.—Beginning in the first 

7 fiscal year in which amounts are made available to carry 

8 out an activity authorized under this Act, and in each of 

9 the 4 fiscal years thereafter, there is authorized to be ap10 propriated to the Office of Inspector General for the De11 partment of Commerce $1,000,000 for audits and over12 sight of funds made available to carry out this Act, which 

13 shall remain available until expended. 

Æ 


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