II 

117TH CONGRESS 

1ST SESSION S. 2018 

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 SENATE OF THE UNITED STATES 

JUNE 10, 2021 

Mrs. MURRAY (for herself, Mr. PORTMAN, and Mr. KING) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

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 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 2018 IS

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— 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•S 2018 IS

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. 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•S 2018 IS

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 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•S 2018 IS

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 fixed and wireless 

12 broadband internet service; 

13 (ii) internet-enabled devices that meet 

14 the needs of the user; and 

15 (iii) applications and online content 

16 designed to enable and encourage self-suf17 ficiency, participation, and collaboration; 

18 and 

19 (B) includes— 

20 (i) obtaining access to digital literacy 

21 training; 

22 (ii) the provision of quality technical 

23 support; and 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•S 2018 IS

1 (iii) obtaining basic awareness of 

2 measures to ensure online privacy and cy3 bersecurity. 

4 (12) DIGITAL LITERACY.—The term ‘‘digital lit5 eracy’’ means the skills associated with using tech6 nology to enable users to find, evaluate, organize, 

7 create, and communicate information. 

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

9 the meaning given the term in section 3 of the 

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

11 12102). 

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

13 State’’ means— 

14 (A) with respect to planning grants made 

15 available under section 4(c)(3), a State with re16 spect to which the Assistant Secretary has ap17 proved an application submitted to the Assist18 ant Secretary under section 4(c)(3)(C); and 

19 (B) with respect to capacity grants award20 ed under section 4(d), a State with respect to 

21 which the Assistant Secretary has approved an 

22 application submitted to the Assistant Secretary 

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

24 State Digital Equity Plan developed by the 

25 State under section 4(c). 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•S 2018 IS

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

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

3 249(c) of title 18, United States Code. 

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

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

6 the Indian Self-Determination and Education Assist7 ance Act (25 U.S.C. 5304(e)). 

8 (17) INSTITUTION OF HIGHER EDUCATION.— 

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

10 (A) has the meaning given the term in sec11 tion 101 of the Higher Education Act of 1965 

12 (20 U.S.C. 1001); and 

13 (B) includes a postsecondary vocational in14 stitution. 

15 (18) LOCAL EDUCATIONAL AGENCY.—The term 

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

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

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

19 7801(30)). 

20 (19) POSTSECONDARY VOCATIONAL INSTITU21 TION.—The term ‘‘postsecondary vocational institu22 tion’’ has the meaning given the term in section 

23 102(c) of the Higher Education Act of 1965 (20 

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


pbinns on DSKJLVW7X2PROD with BILLS
8 

•S 2018 IS

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

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

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

4 950bb(b)(3)). 

5 (21) SOCIALLY AND ECONOMICALLY DISADVAN6 TAGED SMALL BUSINESS CONCERN.—The term ‘‘so7 cially and economically disadvantaged small business 

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

9 8(a)(4) of the Small Business Act (15 U.S.C. 

10 637(a)(4)). 

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

12 (A) any State of the United States; 

13 (B) the District of Columbia; and 

14 (C) the Commonwealth of Puerto Rico. 

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

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

17 United States Code. 

18 (24) WORKFORCE DEVELOPMENT PROGRAM.— 

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

20 meaning given the term in section 3(66) of the 

21 Workforce Innovation and Opportunity Act (29 

22 U.S.C. 3102(66)). 

23 SEC. 3. SENSE OF CONGRESS. 

24 It is the sense of Congress that— 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•S 2018 IS

1 (1) a broadband connection and digital literacy 

2 are increasingly critical to how individuals— 

3 (A) participate in the society, economy, 

4 and civic institutions of the United States; and 

5 (B) access health care and essential serv6 ices, obtain education, and build careers; 

7 (2) digital exclusion— 

8 (A) carries a high societal and economic 

9 cost; 

10 (B) materially harms the opportunity of an 

11 individual with respect to the economic success, 

12 educational achievement, positive health out13 comes, social inclusion, and civic engagement of 

14 that individual; and 

15 (C) exacerbates existing wealth and income 

16 gaps, especially those experienced by covered 

17 populations; 

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

19 United States requires additional and sustained in20 vestment and research efforts; 

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

22 tribal, territorial, and local governments, have made 

23 social, legal, and economic obligations that nec24 essarily extend to how the citizens and residents of 

25 those governments access and use the internet; and 


pbinns on DSKJLVW7X2PROD with BILLS
10 

•S 2018 IS

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

2 and economic justice and is worth pursuing. 

3 SEC. 4. STATE DIGITAL EQUITY CAPACITY GRANT PRO4 GRAM. 

5 (a) ESTABLISHMENT; PURPOSE.— 

6 (1) IN GENERAL.—The Assistant Secretary 

7 shall establish in the Department of Commerce the 

8 State Digital Equity Capacity Grant Program (re9 ferred to in this section as the ‘‘Program’’)— 

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

11 achievement of digital equity, support digital in12 clusion activities, and build capacity for efforts 

13 by States relating to the adoption of broadband 

14 by residents of those States; 

15 (B) through which the Assistant Secretary 

16 shall make grants to States in accordance with 

17 the requirements of this section; and 

18 (C) which shall ensure that States have the 

19 capacity to promote the achievement of digital 

20 equity and support digital inclusion activities. 

21 (2) CONSULTATION WITH OTHER FEDERAL

22 AGENCIES; NO CONFLICT.—In establishing the Pro23 gram under paragraph (1), the Assistant Secretary 

24 shall— 

25 (A) consult with— 


pbinns on DSKJLVW7X2PROD with BILLS
11 

•S 2018 IS

1 (i) the Secretary of Agriculture; 

2 (ii) the Secretary of Housing and 

3 Urban Development; 

4 (iii) the Secretary of Education; 

5 (iv) the Secretary of Labor; 

6 (v) the Secretary of Health and 

7 Human Services; 

8 (vi) the Secretary of Veterans Affairs; 

9 (vii) the Secretary of the Interior; 

10 (viii) the Federal Communications 

11 Commission; 

12 (ix) the Federal Trade Commission; 

13 (x) the Director of the Institute of 

14 Museum and Library Services; 

15 (xi) the Administrator of the Small 

16 Business Administration; 

17 (xii) the Federal Co-Chair of the Ap18 palachian Regional Commission; and 

19 (xiii) the head of any other agency 

20 that the Assistant Secretary determines to 

21 be appropriate; and 

22 (B) ensure that the Program complements 

23 and enhances, and does not conflict with, other 

24 Federal broadband initiatives and programs. 

25 (b) ADMINISTERING ENTITY.— 


pbinns on DSKJLVW7X2PROD with BILLS
12 

•S 2018 IS

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

2 equivalent official) of a State that wishes to be 

3 awarded a grant under this section shall, from 

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

5 select an administering entity for that State, which 

6 shall— 

7 (A) serve as the recipient of, and admin8 istering agent for, any grant awarded to the 

9 State under this section; 

10 (B) develop, implement, and oversee the 

11 State Digital Equity Plan for the State de12 scribed in subsection (c); 

13 (C) make subgrants to any entity described 

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

15 State in support of— 

16 (i) the State Digital Equity Plan for 

17 the State; and 

18 (ii) digital inclusion activities in the 

19 State generally; and 

20 (D) serve as— 

21 (i) an advocate for digital equity pol22 icy and digital inclusion activities; and 

23 (ii) a repository of best practice mate24 rials regarding the policies and activities 

25 described in clause (i). 


pbinns on DSKJLVW7X2PROD with BILLS
13 

•S 2018 IS

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

2 entities may serve as the administering entity for a 

3 State for the purposes of this section if the entity 

4 has demonstrated a capacity to administer the Pro5 gram on a statewide level: 

6 (A) The State, a political subdivision, 

7 agency, or instrumentality of the State, an In8 dian tribe located in the State, an Alaska Na9 tive entity located in the State, or a Native Ha10 waiian organization located in the State. 

11 (B) A foundation, corporation, institution, 

12 association, or coalition that is— 

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

14 (ii) located in the State; and 

15 (iii) not a school. 

16 (C) A community anchor institution, other 

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

18 (D) A local educational agency that is lo19 cated in the State. 

20 (E) An entity located in the State that car21 ries out a workforce development program. 

22 (F) An agency of the State that is respon23 sible for administering or supervising adult edu24 cation and literacy activities in the State. 


pbinns on DSKJLVW7X2PROD with BILLS
14 

•S 2018 IS

1 (G) A public housing authority that is lo2 cated in the State. 

3 (H) A partnership between any of the enti4 ties described in subparagraphs (A) through 

5 (G). 

6 (c) STATE DIGITAL EQUITY PLAN.— 

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

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

9 shall develop a State Digital Equity Plan for the 

10 State, which shall include— 

11 (A) the identification of the barriers to dig12 ital equity faced by covered populations in the 

13 State; 

14 (B) measurable objectives for documenting 

15 and promoting, among each group described in 

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

17 located in that State— 

18 (i) the availability of, and affordability 

19 of access to, fixed and wireless broadband 

20 technology; 

21 (ii) the online accessibility and 

22 inclusivity of public resources and services; 

23 (iii) digital literacy; 

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

25 measures to secure the online privacy of, 


pbinns on DSKJLVW7X2PROD with BILLS
15 

•S 2018 IS

1 and cybersecurity with respect to, an indi2 vidual; and 

3 (v) the availability and affordability of 

4 consumer devices and technical support for 

5 those devices; 

6 (C) an assessment of how the objectives 

7 described in subparagraph (B) will impact and 

8 interact with the State’s— 

9 (i) economic and workforce develop10 ment goals, plans, and outcomes; 

11 (ii) educational outcomes; 

12 (iii) health outcomes; 

13 (iv) civic and social engagement; and 

14 (v) delivery of other essential services; 

15 (D) in order to achieve the objectives de16 scribed in subparagraph (B), a description of 

17 how the State plans to collaborate with key 

18 stakeholders in the State, which may include— 

19 (i) community anchor institutions; 

20 (ii) county and municipal govern21 ments; 

22 (iii) local educational agencies; 

23 (iv) where applicable, Indian tribes, 

24 Alaska Native entities, or Native Hawaiian 

25 organizations; 


pbinns on DSKJLVW7X2PROD with BILLS
16 

•S 2018 IS

1 (v) nonprofit organizations; 

2 (vi) organizations that represent— 

3 (I) individuals with disabilities, 

4 including organizations that represent 

5 children with disabilities; 

6 (II) aging individuals; 

7 (III) individuals with language 

8 barriers, including— 

9 (aa) individuals who are 

10 English learners; and 

11 (bb) individuals who have 

12 low levels of literacy; 

13 (IV) veterans; and 

14 (V) individuals in that State who 

15 are incarcerated in facilities other 

16 than Federal correctional facilities; 

17 (vii) civil rights organizations; 

18 (viii) entities that carry out workforce 

19 development programs; 

20 (ix) agencies of the State that are re21 sponsible for administering or supervising 

22 adult education and literacy activities in 

23 the State; 

24 (x) public housing authorities in the 

25 State; and 


pbinns on DSKJLVW7X2PROD with BILLS
17 

•S 2018 IS

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 


pbinns on DSKJLVW7X2PROD with BILLS
18 

•S 2018 IS

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— 


pbinns on DSKJLVW7X2PROD with BILLS
19 

•S 2018 IS

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— 


pbinns on DSKJLVW7X2PROD with BILLS
20 

•S 2018 IS

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 


pbinns on DSKJLVW7X2PROD with BILLS
21 

•S 2018 IS

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. 


pbinns on DSKJLVW7X2PROD with BILLS
22 

•S 2018 IS

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: 


pbinns on DSKJLVW7X2PROD with BILLS
23 

•S 2018 IS

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 


pbinns on DSKJLVW7X2PROD with BILLS
24 

•S 2018 IS

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 members of covered populations in 

16 proportion to the total number of indi17 viduals in all eligible States who are 

18 members of covered 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 


pbinns on DSKJLVW7X2PROD with BILLS
25 

•S 2018 IS

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 


pbinns on DSKJLVW7X2PROD with BILLS
26 

•S 2018 IS

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 (II) 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 

25 it to Puerto Rico for the purposes of makVerDate Sep 11 2014 23:31 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S2018.IS S2018

pbinns on DSKJLVW7X2PROD with BILLS
27 

•S 2018 IS

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 


pbinns on DSKJLVW7X2PROD with BILLS
28 

•S 2018 IS

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— 


pbinns on DSKJLVW7X2PROD with BILLS
29 

•S 2018 IS

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 

25 the administrative costs incurred in carVerDate Sep 11 2014 23:31 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S2018.IS S2018

pbinns on DSKJLVW7X2PROD with BILLS
30 

•S 2018 IS

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 


pbinns on DSKJLVW7X2PROD with BILLS
31 

•S 2018 IS

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; 


pbinns on DSKJLVW7X2PROD with BILLS
32 

•S 2018 IS

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— 


pbinns on DSKJLVW7X2PROD with BILLS
33 

•S 2018 IS

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— 


pbinns on DSKJLVW7X2PROD with BILLS
34 

•S 2018 IS

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— 


pbinns on DSKJLVW7X2PROD with BILLS
35 

•S 2018 IS

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 as a result of those com11 ments; 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. 


pbinns on DSKJLVW7X2PROD with BILLS
36 

•S 2018 IS

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 


pbinns on DSKJLVW7X2PROD with BILLS
37 

•S 2018 IS

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), which shall remain available until 

13 expended; 

14 (2) for each of the first 5 fiscal years in which 

15 amounts are made available to award grants under 

16 subsection (d), $125,000,000 for the award of those 

17 grants; and 

18 (3) such sums as may be necessary to carry out 

19 this section for each fiscal year after the end of the 

20 5-fiscal year period described in paragraph (2). 

21 SEC. 5. DIGITAL EQUITY COMPETITIVE GRANT PROGRAM. 

22 (a) ESTABLISHMENT.— 

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

24 the date on which the Assistant Secretary begins 

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


pbinns on DSKJLVW7X2PROD with BILLS
38 

•S 2018 IS

1 that date, the Assistant Secretary shall establish in 

2 the Department of Commerce the Digital Equity 

3 Competitive Grant Program (referred to in this sec4 tion as the ‘‘Program’’), the purpose of which is to 

5 award grants to support efforts to achieve digital eq6 uity, promote digital inclusion activities, and spur 

7 greater adoption of broadband among covered popu8 lations. 

9 (2) CONSULTATION; NO CONFLICT.—In estab10 lishing the Program under paragraph (1), the As11 sistant Secretary— 

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

13 (i) the identification of groups de14 scribed in subparagraphs (A) through (H) 

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

16 (ii) the allocation of grant funds with17 in that State for projects in or affecting 

18 the State; and 

19 (B) shall— 

20 (i) consult with— 

21 (I) the Secretary of Agriculture; 

22 (II) the Secretary of Housing 

23 and Urban Development; 

24 (III) the Secretary of Education; 

25 (IV) the Secretary of Labor; 


pbinns on DSKJLVW7X2PROD with BILLS
39 

•S 2018 IS

1 (V) the Secretary of Health and 

2 Human Services; 

3 (VI) the Secretary of Veterans 

4 Affairs; 

5 (VII) the Secretary of the Inte6 rior; 

7 (VIII) the Federal Communica8 tions Commission; 

9 (IX) the Federal Trade Commis10 sion; 

11 (X) the Director of the Institute 

12 of Museum and Library Services; 

13 (XI) the Administrator of the 

14 Small Business Administration; 

15 (XII) the Federal Co-Chair of 

16 the Appalachian Regional Commis17 sion; and 

18 (XIII) the head of any other 

19 agency that the Assistant Secretary 

20 determines to be appropriate; and 

21 (ii) ensure that the Program com22 plements and enhances, and does not con23 flict with, other Federal broadband initia24 tives and programs. 


pbinns on DSKJLVW7X2PROD with BILLS
40 

•S 2018 IS

1 (b) ELIGIBILITY.—The Assistant Secretary may 

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

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

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

5 (1) A political subdivision, agency, or instru6 mentality of a State, including an agency of a State 

7 that is responsible for administering or supervising 

8 adult education and literacy activities in the State. 

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

10 a Native Hawaiian organization. 

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

12 association that is— 

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

14 (B) not a school. 

15 (4) A community anchor institution. 

16 (5) A local educational agency. 

17 (6) An entity that carries out a workforce devel18 opment program. 

19 (7) A partnership between any of the entities 

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

21 (8) A partnership between— 

22 (A) an entity described in any of para23 graphs (1) through (6); and 

24 (B) an entity that— 


pbinns on DSKJLVW7X2PROD with BILLS
41 

•S 2018 IS

1 (i) the Assistant Secretary, by rule, 

2 determines to be in the public interest; and 

3 (ii) is not a school. 

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

5 awarded a grant under the Program shall submit to the 

6 Assistant Secretary an application— 

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

8 such information as the Assistant Secretary may re9 quire; and 

10 (2) that— 

11 (A) provides a detailed explanation of how 

12 the entity will use any grant amounts awarded 

13 under the Program to carry out the purposes of 

14 the Program in an efficient and expeditious 

15 manner; 

16 (B) identifies the period in which the ap17 plicant will expend the grant funds awarded 

18 under the Program; 

19 (C) includes— 

20 (i) a justification for the amount of 

21 the grant that the applicant is requesting; 

22 and 

23 (ii) for each fiscal year in which the 

24 applicant will expend the grant funds, a 


pbinns on DSKJLVW7X2PROD with BILLS
42 

•S 2018 IS

1 budget for the activities that the grant 

2 funds will support; 

3 (D) demonstrates to the satisfaction of the 

4 Assistant Secretary that the entity— 

5 (i) is capable of carrying out— 

6 (I) the project or function to 

7 which the application relates; and 

8 (II) the activities described in 

9 subsection (h)— 

10 (aa) in a competent manner; 

11 and 

12 (bb) in compliance with all 

13 applicable Federal, State, and 

14 local laws; and 

15 (ii) if the applicant is an entity de16 scribed in subsection (b)(1), shall appro17 priate or otherwise unconditionally obligate 

18 from non-Federal sources funds that are 

19 necessary to meet the requirements of sub20 section (e); 

21 (E) discloses to the Assistant Secretary the 

22 source and amount of other Federal, State, or 

23 outside funding sources from which the entity 

24 receives, or has applied for, funding for activiVerDate Sep 11 2014 23:31 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S2018.IS S2018

pbinns on DSKJLVW7X2PROD with BILLS
43 

•S 2018 IS

1 ties or projects to which the application relates; 

2 and 

3 (F) provides— 

4 (i) the assurances that are required 

5 under subsection (f); and 

6 (ii) an assurance that the entity shall 

7 follow such additional procedures as the 

8 Assistant Secretary may require to ensure 

9 that grant funds are used and accounted 

10 for in an appropriate manner. 

11 (d) AWARD OF GRANTS.— 

12 (1) FACTORS CONSIDERED IN AWARD OF

13 GRANTS.—In deciding whether to award a grant 

14 under the Program, the Assistant Secretary shall, to 

15 the extent practicable, consider— 

16 (A) whether— 

17 (i) an application shall, if approved— 

18 (I) increase internet access and 

19 the adoption of broadband among cov20 ered populations to be served by the 

21 applicant; and 

22 (II) not result in unjust enrich23 ment; and 


pbinns on DSKJLVW7X2PROD with BILLS
44 

•S 2018 IS

1 (ii) the applicant is, or plans to sub2 contract with, a socially and economically 

3 disadvantaged small business concern; 

4 (B) the comparative geographic diversity of 

5 the application in relation to other eligible ap6 plications; and 

7 (C) the extent to which an application may 

8 duplicate or conflict with another program. 

9 (2) USE OF FUNDS.— 

10 (A) IN GENERAL.—In addition to the ac11 tivities required under subparagraph (B), an 

12 entity to which the Assistant Secretary awards 

13 a grant under the Program shall use the grant 

14 amounts to support not less than 1 of the fol15 lowing activities: 

16 (i) To develop and implement digital 

17 inclusion activities that benefit covered 

18 populations. 

19 (ii) To facilitate the adoption of 

20 broadband by covered populations in order 

21 to provide educational and employment op22 portunities to those populations. 

23 (iii) To implement, consistent with the 

24 purposes of this Act— 


pbinns on DSKJLVW7X2PROD with BILLS
45 

•S 2018 IS

1 (I) training programs for covered 

2 populations that cover basic, ad3 vanced, and applied skills; or 

4 (II) other workforce development 

5 programs. 

6 (iv) To make available equipment, in7 strumentation, networking capability, hard8 ware and software, or digital network tech9 nology for broadband services to covered 

10 populations at low or no cost. 

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

12 operate new or existing public access com13 puting centers for covered populations 

14 through community anchor institutions. 

15 (vi) To undertake any other project 

16 and activity that the Assistant Secretary 

17 finds to be consistent with the purposes for 

18 which the Program is established. 

19 (B) EVALUATION.— 

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

21 the Assistant Secretary awards a grant 

22 under the Program shall use not more 

23 than 10 percent of the grant amounts to 

24 measure and evaluate the activities sup25 ported with the grant amounts. 


pbinns on DSKJLVW7X2PROD with BILLS
46 

•S 2018 IS

1 (ii) SUBMISSION TO ASSISTANT SEC2 RETARY.—An entity to which the Assistant 

3 Secretary awards a grant under the Pro4 gram shall submit to the Assistant Sec5 retary each measurement and evaluation 

6 performed under clause (i)— 

7 (I) in a manner specified by the 

8 Assistant Secretary; 

9 (II) not later than 15 months 

10 after the date on which the entity is 

11 awarded the grant amounts; and 

12 (III) annually after the submis13 sion described in subclause (II) for 

14 any year in which the entity expends 

15 grant amounts. 

16 (C) ADMINISTRATIVE COSTS.—An entity to 

17 which the Assistant Secretary awards a grant 

18 under the Program may use not more than 10 

19 percent of the amount of the grant for adminis20 trative costs in carrying out any of the activities 

21 described in subparagraph (A). 

22 (D) TIME LIMITATIONS.—With respect to 

23 a grant awarded to an entity under the Pro24 gram, the entity— 


pbinns on DSKJLVW7X2PROD with BILLS
47 

•S 2018 IS

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

2 shall expend the grant amounts during the 

3 4-year period beginning on the date on 

4 which the entity is awarded the grant 

5 amounts; and 

6 (ii) during the 1-year period beginning 

7 on the date that is 4 years after the date 

8 on which the entity is awarded the grant 

9 amounts, may continue to measure and 

10 evaluate the activities supported with the 

11 grant amounts, as required under subpara12 graph (B). 

13 (e) FEDERAL SHARE.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), the Federal share of any project for 

16 which the Assistant Secretary awards a grant under 

17 the Program may not exceed 90 percent. 

18 (2) EXCEPTION.—The Assistant Secretary may 

19 grant a waiver with respect to the limitation on the 

20 Federal share of a project described in paragraph 

21 (1) if— 

22 (A) the applicant with respect to the 

23 project petitions the Assistant Secretary for the 

24 waiver; and 


pbinns on DSKJLVW7X2PROD with BILLS
48 

•S 2018 IS

1 (B) the Assistant Secretary determines 

2 that the petition described in subparagraph (A) 

3 demonstrates financial need. 

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

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

6 that grant assurances that the entity shall— 

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

8 awarded— 

9 (A) in accordance with any applicable stat10 ute, regulation, and application procedure; and 

11 (B) to the extent required under applicable 

12 law; 

13 (2) adopt and use proper methods of admin14 istering any grant that the entity is awarded, includ15 ing by— 

16 (A) enforcing any obligation imposed under 

17 law on any agency, institution, organization, or 

18 other entity that is responsible for carrying out 

19 a program to which the grant relates; 

20 (B) correcting any deficiency in the oper21 ation of a program to which the grant relates, 

22 as identified through an audit or another moni23 toring or evaluation procedure; and 

24 (C) adopting written procedures for the re25 ceipt and resolution of complaints alleging a 


pbinns on DSKJLVW7X2PROD with BILLS
49 

•S 2018 IS

1 violation of law with respect to a program to 

2 which the grant relates; 

3 (3) cooperate with respect to any evaluation— 

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

5 awarded to the entity; and 

6 (B) that is carried out by or for the Assist7 ant Secretary or another Federal official; 

8 (4) use fiscal control and fund accounting pro9 cedures that ensure the proper disbursement of, and 

10 accounting for, any Federal funds that the entity is 

11 awarded under the Program; 

12 (5) submit to the Assistant Secretary any re13 ports that may be necessary to enable the Assistant 

14 Secretary to perform the duties of the Assistant Sec15 retary under the Program; and 

16 (6) maintain any records and provide any infor17 mation to the Assistant Secretary, including those 

18 records, that the Assistant Secretary determines is 

19 necessary to enable the Assistant Secretary to per20 form the duties of the Assistant Secretary under the 

21 Program. 

22 (g) DEOBLIGATION OR TERMINATION OF GRANT.— 

23 In addition to other authority under applicable law, the 

24 Assistant Secretary may— 


pbinns on DSKJLVW7X2PROD with BILLS
50 

•S 2018 IS

1 (1) deobligate or terminate a grant awarded to 

2 an entity under this section if, after notice to the en3 tity and opportunity for a hearing, the Assistant 

4 Secretary— 

5 (A) presents to the entity a rationale and 

6 supporting information that clearly dem7 onstrates that— 

8 (i) the grant funds are not being used 

9 in a manner that is consistent with the ap10 plication with respect to the grant sub11 mitted by the entity under subsection (c); 

12 and 

13 (ii) the entity is not upholding assur14 ances made by the entity to the Assistant 

15 Secretary under subsection (f); and 

16 (B) determines that the grant is no longer 

17 necessary to achieve the original purpose for 

18 which Assistant Secretary awarded the grant; 

19 and 

20 (2) with respect to any grant funds that the As21 sistant Secretary deobligates or terminates under 

22 paragraph (1), competitively award the grant funds 

23 to another applicant, consistent with the require24 ments of this section. 


pbinns on DSKJLVW7X2PROD with BILLS
51 

•S 2018 IS

1 (h) REPORTING AND INFORMATION REQUIREMENTS; 

2 INTERNET DISCLOSURE.—The Assistant Secretary— 

3 (1) shall— 

4 (A) require any entity to which the Assist5 ant Secretary awards a grant under the Pro6 gram to, for each year during the period de7 scribed in subsection (d)(2)(D) with respect to 

8 the grant, submit to the Assistant Secretary a 

9 report, in a format specified by the Assistant 

10 Secretary, regarding— 

11 (i) the amount of the grant; 

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

13 amounts; and 

14 (iii) the progress of the entity towards 

15 fulfilling the objectives for which the grant 

16 was awarded; 

17 (B) establish mechanisms to ensure appro18 priate use of, and compliance with respect to all 

19 terms regarding, grant funds awarded under 

20 the Program; 

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— 


pbinns on DSKJLVW7X2PROD with BILLS
52 

•S 2018 IS

1 (i) a list of each entity that has ap2 plied for a grant under the Program; 

3 (ii) a description of each application 

4 described in clause (i), including the pro5 posed purpose of each grant described in 

6 that clause; 

7 (iii) the status of each application de8 scribed in clause (i), including whether the 

9 Assistant Secretary has awarded a grant 

10 with respect to the application and, if so, 

11 the amount of the grant; 

12 (iv) each report submitted by an enti13 ty under subparagraph (A); and 

14 (v) any other information that is suf15 ficient to allow the public to understand 

16 and monitor grants awarded under the 

17 Program; and 

18 (D) ensure that any entity with respect to 

19 which an award is deobligated or terminated 

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

21 appeal or otherwise challenge that deobligation 

22 or termination, as applicable; and 

23 (2) may establish additional reporting and in24 formation requirements for any recipient of a grant 

25 under the Program. 


pbinns on DSKJLVW7X2PROD with BILLS
53 

•S 2018 IS

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

2 to an entity under the Program shall supplement, not sup3 plant, other Federal or State funds that have been made 

4 available to the entity to carry out activities described in 

5 this section. 

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

7 a fiscal year to carry out the Program, the Assistant Sec8 retary shall reserve— 

9 (1) 5 percent for the implementation and ad10 ministration of the Program, which shall include— 

11 (A) providing technical support and assist12 ance, including ensuring consistency in data re13 porting; 

14 (B) providing assistance to entities to pre15 pare the applications of those entities with re16 spect to grants awarded under this section; 

17 (C) developing the report required under 

18 section 6(a); and 

19 (D) conducting outreach to entities that 

20 may be eligible to be awarded a grant under the 

21 Program regarding opportunities to apply for 

22 such a grant; 

23 (2) 5 percent to award grants to, or enter into 

24 contracts or cooperative agreements with, Indian 

25 tribes, Alaska Native entities, and Native Hawaiian 


pbinns on DSKJLVW7X2PROD with BILLS
54 

•S 2018 IS

1 organizations to allow those tribes, entities, and or2 ganizations to carry out the activities described in 

3 this section; and 

4 (3) 1 percent to award grants to, or enter into 

5 contracts or cooperative agreements with, the United 

6 States Virgin Islands, Guam, American Samoa, the 

7 Commonwealth of the Northern Mariana Islands, 

8 and any other territory or possession of the United 

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

10 carry out the activities described in this section. 

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

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

13 (l) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this sec15 tion— 

16 (1) $125,000,000 for each of the first 5 fiscal 

17 years in which funds are made available to carry out 

18 this section; and 

19 (2) such sums as may be necessary for each fis20 cal year after the end of the 5-fiscal year period de21 scribed in paragraph (1). 

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

23 AND MODELING, EVALUATION, AND DISSEMI24 NATION. 

25 (a) REPORTING REQUIREMENTS.— 


pbinns on DSKJLVW7X2PROD with BILLS
55 

•S 2018 IS

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

2 the date on which the Assistant Secretary begins 

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

4 thereafter, the Assistant Secretary shall— 

5 (A) submit to the appropriate committees 

6 of Congress a report that documents, for the 

7 year covered by the report— 

8 (i) the findings of each evaluation 

9 conducted under subparagraph (B); 

10 (ii) a list of each grant awarded under 

11 each covered program, which shall in12 clude— 

13 (I) the amount of each such 

14 grant; 

15 (II) the recipient of each such 

16 grant; and 

17 (III) the purpose for which each 

18 such grant was awarded; 

19 (iii) any deobligation, termination, or 

20 modification of a grant awarded under the 

21 covered programs, which shall include a 

22 description of the subsequent usage of any 

23 funds to which such an action applies; and 

24 (iv) each challenge made by an appli25 cant for, or a recipient of, a grant under 


pbinns on DSKJLVW7X2PROD with BILLS
56 

•S 2018 IS

1 the covered programs and the outcome of 

2 each such challenge; and 

3 (B) conduct evaluations of the activities 

4 carried out under the covered programs, which 

5 shall include an evaluation of— 

6 (i) whether eligible States to which 

7 grants are awarded under the program es8 tablished under section 4 are— 

9 (I) abiding by the assurances 

10 made by those States under sub11 section (e) of that section; 

12 (II) meeting, or have met, the 

13 stated goals of the Digital Equity 

14 Plans developed by the States under 

15 subsection (c) of that section; 

16 (III) satisfying the requirements 

17 imposed by the Assistant Secretary on 

18 those States under subsection (g) of 

19 that section; and 

20 (IV) in compliance with any 

21 other rules, requirements, or regula22 tions promulgated by the Assistant 

23 Secretary in implementing that pro24 gram; and 


pbinns on DSKJLVW7X2PROD with BILLS
57 

•S 2018 IS

1 (ii) whether entities to which grants 

2 are awarded under the program established 

3 under section 5 are— 

4 (I) abiding by the assurances 

5 made by those entities under sub6 section (f) of that section; 

7 (II) meeting, or have met, the 

8 stated goals of those entities with re9 spect to the use of the grant amounts; 

10 (III) satisfying the requirements 

11 imposed by the Assistant Secretary on 

12 those States under subsection (h) of 

13 that section; and 

14 (IV) in compliance with any 

15 other rules, requirements, or regula16 tions promulgated by the Assistant 

17 Secretary in implementing that pro18 gram. 

19 (2) PUBLIC AVAILABILITY.—The Assistant Sec20 retary shall make each report submitted under para21 graph (1)(A) publicly available in an online format 

22 that— 

23 (A) facilitates access and ease of use; 

24 (B) is searchable; and 

25 (C) is accessible— 


pbinns on DSKJLVW7X2PROD with BILLS
58 

•S 2018 IS

1 (i) to individuals with disabilities; and 

2 (ii) in languages other than English. 

3 (b) AUTHORITY TO CONTRACT AND ENTER INTO

4 OTHER ARRANGEMENTS.—The Assistant Secretary may 

5 award grants and enter into contracts, cooperative agree6 ments, and other arrangements with Federal agencies, 

7 public and private organizations, and other entities with 

8 expertise that the Assistant Secretary determines appro9 priate in order to— 

10 (1) evaluate the impact and efficacy of activities 

11 supported by grants awarded under the covered pro12 grams; and 

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

14 the exchange of best practices, both with respect to 

15 and independent of the covered programs, in order 

16 to achieve digital equity. 

17 (c) CONSULTATION AND PUBLIC ENGAGEMENT.—In 

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

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

20 Assistant Secretary shall conduct ongoing collaboration 

21 and consult with— 

22 (1) the Secretary of Agriculture; 

23 (2) the Secretary of Housing and Urban Devel24 opment; 

25 (3) the Secretary of Education; 


pbinns on DSKJLVW7X2PROD with BILLS
59 

•S 2018 IS

1 (4) the Secretary of Labor; 

2 (5) the Secretary of Health and Human Serv3 ices; 

4 (6) the Secretary of Veterans Affairs; 

5 (7) the Secretary of the Interior; 

6 (8) the Federal Communications Commission; 

7 (9) the Federal Trade Commission; 

8 (10) the Director of the Institute of Museum 

9 and Library Services; 

10 (11) the Administrator of the Small Business 

11 Administration; 

12 (12) the Federal Co-Chair of the Appalachian 

13 Regional Commission; 

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

15 equivalent officials); 

16 (14) entities serving as administering entities 

17 for States under section 4(b); 

18 (15) national, State, tribal, and local organiza19 tions that provide digital inclusion, digital equity, or 

20 digital literacy services; 

21 (16) researchers, academics, and philanthropic 

22 organizations; and 

23 (17) other agencies, organizations (including 

24 international organizations), entities (including enti25 ties with expertise in the fields of data collection, 


pbinns on DSKJLVW7X2PROD with BILLS
60 

•S 2018 IS

1 analysis and modeling, and evaluation), and commu2 nity stakeholders, as determined appropriate by the 

3 Assistant Secretary. 

4 (d) TECHNICAL SUPPORT AND ASSISTANCE.—The 

5 Assistant Secretary shall provide technical support and as6 sistance, assistance to entities to prepare the applications 

7 of those entities with respect to grants awarded under the 

8 covered programs, and other resources, to the extent prac9 ticable, to ensure consistency in data reporting and to 

10 meet the objectives of this section. 

11 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated such sums as may be 

13 necessary to carry out this section, which shall remain 

14 available until expended. 

15 SEC. 7. GENERAL PROVISIONS. 

16 (a) NONDISCRIMINATION.— 

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

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

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

20 sexual orientation, age, or disability, be excluded 

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

22 be subjected to discrimination under any program or 

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

24 made available to carry out this Act. 


pbinns on DSKJLVW7X2PROD with BILLS
61 

•S 2018 IS

1 (2) ENFORCEMENT.—The Assistant Secretary 

2 shall effectuate paragraph (1) with respect to any 

3 program or activity described in that paragraph by 

4 issuing regulations and taking actions consistent 

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

6 U.S.C. 2000d–1). 

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

8 action taken by the Assistant Secretary under para9 graph (2) shall be available to the extent provided in 

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

11 U.S.C. 2000d–2). 

12 (b) TECHNOLOGICAL NEUTRALITY.—The Assistant 

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

14 Act in a technologically neutral manner. 

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

16 fiscal year in which amounts are made available to carry 

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

18 the 4 fiscal years thereafter, there is authorized to be ap19 propriated to the Office of Inspector General for the De20 partment of Commerce $1,000,000 for audits and over21 sight of funds made available to carry out this Act, which 

22 shall remain available until expended. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS