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Lifeline program of the Commission), in-
cluding objectives to— 
(I) inform Medicaid enrollees and 
SNAP participants, and organizations 
that serve Medicaid enrollees and 
SNAP participants, of potential eligi-
bility for the Lifeline program; and 
(II) provide Medicaid enrollees 
and SNAP participants with informa-
tion about the Lifeline program, in-
cluding— 
(aa) how to apply for the 
Lifeline program; and 
(bb) a description of the 
prohibition on more than one 
subscriber in each household re-
ceiving a service provided under 
the Lifeline program; 
(iii) 
the 
online 
accessibility 
and 
inclusivity of public resources and services; 
(iv) digital literacy; 
(v) awareness of, and the use of, 
measures to secure the online privacy of, 
and cybersecurity with respect to, an indi-
vidual; and 
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(vi) the availability and affordability 
of consumer devices and technical support 
for those devices; 
(C) an assessment of how the objectives 
described in subparagraph (B) will impact and 
interact with the State’s— 
(i) economic and workforce develop-
ment goals, plans, and outcomes; 
(ii) educational outcomes; 
(iii) health outcomes; 
(iv) civic and social engagement; and 
(v) delivery of other essential services; 
(D) in order to achieve the objectives de-
scribed in subparagraph (B), a description of 
how the State plans to collaborate with key 
stakeholders in the State, which may include— 
(i) anchor institutions; 
(ii) county and municipal govern-
ments; 
(iii) local educational agencies; 
(iv) where applicable, Indian Tribes, 
tribally designated entities, or Native Ha-
waiian organizations; 
(v) nonprofit organizations; 
(vi) organizations that represent— 
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(I) individuals with disabilities, 
including organizations that represent 
children with disabilities; 
(II) aging individuals; 
(III) individuals with a language 
barrier, including individuals who— 
(aa) are English learners; or 
(bb) have low levels of lit-
eracy; 
(IV) veterans; 
(V) individuals residing in rural 
areas; and 
(VI) incarcerated individuals in 
that State, other than individuals who 
are incarcerated in a Federal correc-
tional facility (including a private fa-
cility operated under contract with the 
Federal Government); 
(vii) civil rights organizations; 
(viii) entities that carry out workforce 
development programs; 
(ix) agencies of the State that are re-
sponsible for administering or supervising 
adult education and literacy activities in 
the State; 
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(x) public housing agencies whose ju-
risdictions are located in the State; and 
(xi) a consortium of any of the enti-
ties described in clauses (i) through (x); 
and 
(E) a list of organizations with which the 
administering entity for the State collaborated 
in developing and implementing the Plan. 
(2) PUBLIC AVAILABILITY.— 
(A) IN GENERAL.—The administering enti-
ty for a State shall make the State Digital Eq-
uity Plan of the State available for public com-
ment for a period of not less than 30 days be-
fore the date on which the State submits an ap-
plication to the Assistant Secretary under sub-
section (d)(2). 
(B) CONSIDERATION
OF
COMMENTS
RE-
CEIVED.—The administering entity for a State 
shall, with respect to an application submitted 
to the Assistant Secretary under subsection 
(d)(2)— 
(i) before submitting the application— 
(I) consider all comments re-
ceived during the comment period de-
scribed in subparagraph (A) with re-
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spect to the application (referred to in 
this subparagraph as the ‘‘comment 
period’’); and 
(II) make any changes to the 
plan that the administering entity de-
termines to be appropriate; and 
(ii) when submitting the application— 
(I) describe any changes pursued 
by the administering entity in re-
sponse to comments received during 
the comment period; and 
(II) include a written response to 
each comment received during the 
comment period. 
(3) PLANNING GRANTS.— 
(A) IN GENERAL.—Beginning in the first 
fiscal year that begins after the date of the en-
actment of this Act, the Assistant Secretary 
shall, in accordance with the requirements of 
this paragraph, award planning grants to 
States for the purpose of developing the State 
Digital Equity Plans of those States under this 
subsection. 
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(B) ELIGIBILITY.—In order to be awarded 
a planning grant under this paragraph, a 
State— 
(i) shall submit to the Assistant Sec-
retary an application under subparagraph 
(C); and 
(ii) may not have been awarded, at 
any time, a planning grant under this 
paragraph. 
(C) APPLICATION.—A State that wishes to 
be awarded a planning grant under this para-
graph shall, not later than 60 days after the 
date on which the notice of funding availability 
with respect to the grant is released, submit to 
the Assistant Secretary an application, in a for-
mat to be determined by the Assistant Sec-
retary, that contains the following materials: 
(i) A description of the entity selected 
to serve as the administering entity for the 
State, as described in subsection (b). 
(ii) A certification from the State 
that, not later than 1 year after the date 
on which the Assistant Secretary awards 
the planning grant to the State, the ad-
ministering entity for that State will sub-
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mit to the Assistant Secretary a State Dig-
ital Equity Plan developed under this sub-
section, which will comply with the require-
ments of this subsection, including the re-
quirements of paragraph (2). 
(iii) The assurances required under 
subsection (e). 
(D) AWARDS.— 
(i) AMOUNT OF GRANT.—The amount 
of a planning grant awarded to an eligible 
State under this paragraph shall be deter-
mined according to the formula under sub-
section (d)(3)(A)(i). 
(ii) DURATION.— 
(I) IN GENERAL.—Except as pro-
vided in subclause (II), with respect to 
a planning grant awarded to an eligi-
ble State under this paragraph, the 
State shall expend the grant funds 
during the 1-year period beginning on 
the date on which the State is award-
ed the grant funds. 
(II) EXCEPTION.—The Assistant 
Secretary may grant an extension of 
not longer than 180 days with respect 
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to the requirement under subclause 
(I). 
(iii) CHALLENGE
MECHANISM.—The 
Assistant Secretary shall ensure that any 
eligible State to which a planning grant is 
awarded under this paragraph may appeal 
or otherwise challenge in a timely fashion 
the amount of the grant awarded to the 
State, as determined under clause (i). 
(E) USE OF FUNDS.—An eligible State to 
which a planning grant is awarded under this 
paragraph shall, through the administering en-
tity for that State, use the grant funds only for 
the following purposes: 
(i) To develop the State Digital Eq-
uity Plan of the State under this sub-
section. 
(ii)(I) Subject to subclause (II), to 
make subgrants to any of the entities de-
scribed in clauses (i) through (xi) of para-
graph (1)(D) to assist in the development 
of the State Digital Equity Plan of the 
State under this subsection. 
(II) If the administering entity for a 
State makes a subgrant described in sub-
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clause (I), the administering entity shall, 
with respect to the subgrant, provide to the 
State the assurances required under sub-
section (e). 
(d) STATE CAPACITY GRANTS.— 
(1) IN GENERAL.—Beginning not later than 2 
years after the date on which the Assistant Sec-
retary begins awarding planning grants under sub-
section (c)(3), the Assistant Secretary shall each 
year award grants to eligible States to support— 
(A) the implementation of the State Dig-
ital Equity Plans of those States; and 
(B) digital inclusion activities in those 
States. 
(2) APPLICATION.—A State that wishes to be 
awarded a grant under this subsection shall, not 
later than 60 days after the date on which the notice 
of funding availability with respect to the grant is 
released, submit to the Assistant Secretary an appli-
cation, in a format to be determined by the Assist-
ant Secretary, that contains the following materials: 
(A) A description of the entity selected to 
serve as the administering entity for the State, 
as described in subsection (b). 
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(B) The State Digital Equity Plan of that 
State, as described in subsection (c). 
(C) A certification that the State, acting 
through the administering entity for the State, 
shall— 
(i) implement the State Digital Equity 
Plan of the State; and 
(ii) make grants in a manner that is 
consistent with the aims of the Plan de-
scribed in clause (i). 
(D) The assurances required under sub-
section (e). 
(E) In the case of a State to which the As-
sistant Secretary has previously awarded a 
grant under this subsection, any amendments 
to the State Digital Equity Plan of that State, 
as compared with the State Digital Equity Plan 
of the State previously submitted. 
(3) AWARDS.— 
(A) AMOUNT OF GRANT.— 
(i) FORMULA.—Subject to clauses (ii), 
(iii), and (iv), the Assistant Secretary shall 
calculate the amount of a grant awarded to 
an eligible State under this subsection in 
accordance with the following criteria, 
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using the best available data for all States 
for the fiscal year in which the grant is 
awarded: 
(I) 50 percent of the total grant 
amount shall be based on the popu-
lation of the eligible State in propor-
tion to the total population of all eligi-
ble States. 
(II) 25 percent of the total grant 
amount shall be based on the number 
of individuals in the eligible State who 
are members of covered populations in 
proportion to the total number of indi-
viduals in all eligible States who are 
members of covered populations. 
(III) 25 percent of the total 
grant amount shall be based on the 
lack of availability of broadband serv-
ice and lack of adoption of broadband 
service in the eligible State in propor-
tion to the lack of availability of 
broadband service and lack of adop-
tion of broadband service in all eligi-
ble States, which shall be determined 
according to data collected— 
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(aa) from the annual inquiry 
of the Commission conducted 
under section 706(b) of the Tele-
communications Act of 1996 (47 
U.S.C. 1302(b)); 
(bb) from the American 
Community Survey or, if nec-
essary, other data collected by 
the Bureau of the Census; 
(cc) from the Internet and 
Computer Use Supplement to the 
Current Population Survey of the 
Bureau of the Census; 
(dd) by the Commission pur-
suant to the rules issued under 
section 802 of the Communica-
tions Act of 1934 (47 U.S.C. 
642); and 
(ee) from any other source 
that the Assistant Secretary, 
after appropriate notice and op-
portunity for public comment, de-
termines to be appropriate. 
(ii) MINIMUM
AWARD.—The amount 
of a grant awarded to an eligible State 
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under this subsection in a fiscal year shall 
be not less than 0.5 percent of the total 
amount made available to award grants to 
eligible States for that fiscal year. 
(iii) ADDITIONAL AMOUNTS.—If, after 
awarding planning grants to States under 
subsection (c)(3) and capacity grants to el-
igible States under this subsection in a fis-
cal year, there are amounts remaining to 
carry out this section, the Assistant Sec-
retary shall distribute those amounts— 
(I) to eligible States to which the 
Assistant 
Secretary 
has 
awarded 
grants under this subsection for that 
fiscal year; and 
(II) in accordance with the for-
mula described in clause (i). 
(iv) DATA UNAVAILABLE.—If, in a fis-
cal year, the Commonwealth of Puerto 
Rico (referred to in this clause as ‘‘Puerto 
Rico’’) is an eligible State and specific data 
for Puerto Rico is unavailable for a factor 
described in subclause (I), (II), or (III) of 
clause (i), the Assistant Secretary shall use 
the median data point with respect to that 
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factor among all eligible States and assign 
it to Puerto Rico for the purposes of mak-
ing any calculation under that clause for 
that fiscal year. 
(B) DURATION.—With respect to a grant 
awarded to an eligible State under this sub-
section, the eligible State shall expend the grant 
funds during the 5-year period beginning on the 
date on which the eligible State is awarded the 
grant funds. 
(C) CHALLENGE
MECHANISM.—The As-
sistant Secretary shall ensure that any eligible 
State to which a grant is awarded under this 
subsection may appeal or otherwise challenge in 
a timely fashion the amount of the grant 
awarded to the State, as determined under sub-
paragraph (A). 
(D) USE OF FUNDS.—The administering 
entity for an eligible State to which a grant is 
awarded under this subsection shall use the 
grant amounts for the following purposes: 
(i)(I) Subject to subclause (II), to up-
date or maintain the State Digital Equity 
Plan of the State. 
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(II) An administering entity for an el-
igible State to which a grant is awarded 
under this subsection may use not more 
than 20 percent of the amount of the 
grant for the purpose described in sub-
clause (I). 
(ii) To implement the State Digital 
Equity Plan of the State. 
(iii)(I) Subject to subclause (II), to 
award a grant to any entity that is de-
scribed in section 31122(b) and is located 
in the eligible State in order to— 
(aa) assist in the implementation 
of the State Digital Equity Plan of 
the State; 
(bb) pursue digital inclusion ac-
tivities in the State consistent with 
the State Digital Equity Plan of the 
State; and 
(cc) report to the State regarding 
the digital inclusion activities of the 
entity. 
(II) Before an administering entity 
for an eligible State may award a grant 
under subclause (I), the administering en-
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tity shall require the entity to which the 
grant is awarded to certify that— 
(aa) the entity shall carry out the 
activities required under items (aa), 
(bb), and (cc) of that subclause; 
(bb) the receipt of the grant shall 
not result in unjust enrichment of the 
entity; and 
(cc) the entity shall cooperate 
with any evaluation— 
(AA) of any program that 
relates to a grant awarded to the 
entity; and 
(BB) that is carried out by 
or for the administering entity, 
the Assistant Secretary, or an-
other Federal official. 
(iv)(I) Subject to subclause (II), to 
evaluate the efficacy of the efforts funded 
by grants made under clause (iii). 
(II) An administering entity for an el-
igible State to which a grant is awarded 
under this subsection may use not more 
than 5 percent of the amount of the grant 
for a purpose described in subclause (I). 
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(v)(I) Subject to subclause (II), for 
the administrative costs incurred in car-
rying out the activities described in clauses 
(i) through (iv). 
(II) An administering entity for an el-
igible State to which a grant is awarded 
under this subsection may use not more 
than 3 percent of the amount of the grant 
for the purpose described in subclause (I). 
(e) ASSURANCES.—When applying for a grant under 
this section, a State shall include in the application for 
that grant assurances that— 
(1) if any of the entities described in clauses (i) 
through (xi) of subsection (c)(1)(D) or section 
31122(b) is awarded grant funds under this section 
(referred to in this subsection as a ‘‘covered recipi-
ent’’), provide that— 
(A) the covered recipient shall use the 
grant funds in accordance with any applicable 
statute, regulation, or application procedure; 
(B) the administering entity for that State 
shall adopt and use proper methods of admin-
istering any grant that the covered recipient is 
awarded, including by— 
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(i) enforcing any obligation imposed 
under law on any agency, institution, orga-
nization, or other entity that is responsible 
for carrying out the program to which the 
grant relates; 
(ii) correcting any deficiency in the 
operation of a program to which the grant 
relates, as identified through an audit or 
another monitoring or evaluation proce-
dure; and 
(iii) adopting written procedures for 
the receipt and resolution of complaints al-
leging a violation of law with respect to a 
program to which the grant relates; and 
(C) the administering entity for that State 
shall cooperate in carrying out any evaluation— 
(i) of any program that relates to a 
grant awarded to the covered recipient; 
and 
(ii) that is carried out by or for the 
Assistant Secretary or another Federal of-
ficial; 
(2) the administering entity for that State 
shall— 
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(A) use fiscal control and fund accounting 
procedures that ensure the proper disbursement 
of, and accounting for, any Federal funds that 
the State is awarded under this section; 
(B) submit to the Assistant Secretary any 
reports that may be necessary to enable the As-
sistant Secretary to perform the duties of the 
Assistant Secretary under this section; 
(C) maintain any records and provide any 
information to the Assistant Secretary, includ-
ing those records, that the Assistant Secretary 
determines is necessary to enable the Assistant 
Secretary to perform the duties of the Assistant 
Secretary under this section; and 
(D) with respect to any significant pro-
posed change or amendment to the State Dig-
ital Equity Plan for the State, make the change 
or amendment available for public comment in 
accordance with subsection (c)(2); and 
(3) the State, before submitting to the Assist-
ant Secretary the State Digital Equity Plan of the 
State, has complied with the requirements of sub-
section (c)(2). 
(f) TERMINATION OF GRANT.— 
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(1) IN GENERAL.—In addition to other author-
ity under applicable law, the Assistant Secretary 
shall terminate a grant awarded to an eligible State 
under this section if, after notice to the State and 
opportunity for a hearing, the Assistant Secretary 
determines, and presents to the State a rationale 
and supporting information that clearly dem-
onstrates, that— 
(A) the grant funds are not contributing to 
the development or implementation of the State 
Digital Equity Plan of the State, as applicable; 
(B) the State is not upholding assurances 
made by the State to the Assistant Secretary 
under subsection (e); or 
(C) the grant is no longer necessary to 
achieve the original purpose for which the As-
sistant Secretary awarded the grant. 
(2) REDISTRIBUTION.—If the Assistant Sec-
retary, in a fiscal year, terminates a grant under 
paragraph (1) or under other authority under appli-
cable law, the Assistant Secretary shall redistribute 
the unspent grant amounts— 
(A) to eligible States to which the Assist-
ant Secretary has awarded grants under sub-
section (d) for that fiscal year; and 
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(B) in accordance with the formula de-
scribed in subsection (d)(3)(A)(i). 
(g) REPORTING AND INFORMATION REQUIREMENTS; 
INTERNET DISCLOSURE.—The Assistant Secretary— 
(1) shall— 
(A) require any entity to which a grant, in-
cluding a subgrant, is awarded under this sec-
tion to publicly report, for each year during the 
period described in subsection (c)(3)(D)(ii) or 
(d)(3)(B), as applicable, with respect to the 
grant, and in a format specified by the Assist-
ant Secretary, on— 
(i) the use of that grant by the entity; 
(ii) the progress of the entity towards 
fulfilling the objectives for which the grant 
was awarded; and 
(iii) the implementation of the State 
Digital Equity Plan of the State; 
(B) establish appropriate mechanisms to 
ensure that any entity to which a grant, includ-
ing a subgrant, is awarded under this section— 
(i) uses the grant amounts in an ap-
propriate manner; and 
(ii) complies with all terms with re-
spect to the use of the grant amounts; and 
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(C) create and maintain a fully searchable 
database, which shall be accessible on the inter-
net at no cost to the public, that contains, at 
a minimum— 
(i) the application of each State that 
has applied for a grant under this section; 
(ii) the status of each application de-
scribed in clause (i); 
(iii) each report submitted by an enti-
ty under subparagraph (A); 
(iv) a record of public comments re-
ceived during the comment period de-
scribed in subsection (c)(2)(A) regarding 
the State Digital Equity Plan of a State, 
as well as any written responses to or ac-
tions taken as a result of those comments; 
and 
(v) any other information that the As-
sistant Secretary considers appropriate to 
ensure that the public has sufficient infor-
mation to understand and monitor grants 
awarded under this section; and 
(2) may establish additional reporting and in-
formation requirements for any recipient of a grant 
under this section. 
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(h) SUPPLEMENT NOT SUPPLANT.—A grant or 
subgrant awarded under this section shall supplement, not 
supplant, other Federal or State funds that have been 
made available to carry out activities described in this sec-
tion. 
(i) SET ASIDES.—From amounts made available in 
a fiscal year to carry out the Program, the Assistant Sec-
retary shall reserve— 
(1) not more than 5 percent for the implemen-
tation and administration of the Program, which 
shall include— 
(A) providing technical support and assist-
ance, including ensuring consistency in data re-
porting; 
(B) providing assistance to— 
(i) States, or administering entities 
for States, to prepare the applications of 
those States; and 
(ii) administering entities with respect 
to grants awarded under this section; 
(C) developing the report required under 
section 31123(a); and 
(D) providing assistance specific to Indian 
Tribes, tribally designated entities, and Native 
Hawaiian organizations, including— 
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(i) conducting annual outreach to In-
dian Tribes and Native Hawaiian organiza-
tions on the availability of technical assist-
ance for applying for or otherwise partici-
pating in the Program; 
(ii) providing technical assistance at 
the request of any Indian Tribe, tribally 
designated entity, or Native Hawaiian or-
ganization that is applying for or partici-
pating in the Program in order to facilitate 
the fulfillment of any applicable require-
ments in subsections (c) and (d); and 
(iii) providing additional technical as-
sistance at the request of any Indian 
Tribe, tribally designated entity, or Native 
Hawaiian organization that is applying for 
or participating in the Program to improve 
the development or implementation of a 
Digital Equity plan, such as— 
(I) assessing all Federal pro-
grams that are available to assist the 
Indian Tribe, tribally designated enti-
ty, or Native Hawaiian organization 
in meeting the goals of a Digital Eq-
uity plan; 
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(II) identifying all applicable 
Federal, State, and Tribal statutory 
provisions, regulations, policies, and 
procedures that the Assistant Sec-
retary determines are necessary to ad-
here 
to 
for 
the 
deployment 
of 
broadband service; 
(III) identifying obstacles to the 
deployment 
of 
broadband 
service 
under a Digital Equity plan, as well 
as potential solutions; or 
(IV) identifying activities that 
may be necessary to the success of a 
Digital Equity plan, including digital 
literacy training, technical support, 
privacy and cybersecurity expertise, 
and other end-user technology needs; 
and 
(2) not less than 5 percent to award grants di-
rectly to Indian Tribes, tribally designated entities, 
and Native Hawaiian organizations to allow those 
Tribes, entities, and organizations to carry out the 
activities described in this section. 
(j) RULES.—The Assistant Secretary may prescribe 
such rules as may be necessary to carry out this section. 
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(k) APPROPRIATION.—There are appropriated to the 
Assistant Secretary, out of any money in the Treasury not 
otherwise appropriated— 
(1) for the award of grants under subsection 
(c)(3), $60,000,000 for fiscal year 2021, to remain 
available until expended; and 
(2) for the award of grants under subsection 
(d)— 
(A) $125,000,000 for fiscal year 2021, to 
remain available until expended; 
(B) $125,000,000 for fiscal year 2022, to 
remain available until expended; 
(C) $125,000,000 for fiscal year 2023, to 
remain available until expended; 
(D) $125,000,000 for fiscal year 2024, to 
remain available until expended; and 
(E) $125,000,000 for fiscal year 2025, to 
remain available until expended. 
SEC. 31122. DIGITAL EQUITY COMPETITIVE GRANT PRO-
GRAM. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—Not later than 30 days after 
the date on which the Assistant Secretary begins 
awarding grants under section 31121(d), and not 
before that date, the Assistant Secretary shall estab-
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lish in the Office the Digital Equity Competitive 
Grant Program (referred to in this section as the 
‘‘Program’’), the purpose of which is to award 
grants to support efforts to achieve digital equity, 
promote digital inclusion activities, and spur greater 
adoption of broadband service among covered popu-
lations. 
(2) CONSULTATION; NO CONFLICT.—In estab-
lishing the Program under paragraph (1), the As-
sistant Secretary— 
(A) may consult a State with respect to— 
(i) the identification of groups de-
scribed in subparagraphs (A) through (H) 
of section 31001(6) located in that State; 
and 
(ii) the allocation of grant funds with-
in that State for projects in or affecting 
the State; and 
(B) shall— 
(i) consult with— 
(I) the Secretary of Agriculture; 
(II) the Secretary of Housing 
and Urban Development; 
(III) the Secretary of Education; 
(IV) the Secretary of Labor; 
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(V) the Secretary of Health and 
Human Services; 
(VI) the Secretary of Veterans 
Affairs; 
(VII) the Secretary of the Inte-
rior; 
(VIII) the Assistant Secretary for 
Indian Affairs of the Department of 
the Interior; 
(IX) the Commission; 
(X) the Federal Trade Commis-
sion; 
(XI) the Director of the Institute 
of Museum and Library Services; 
(XII) the Administrator of the 
Small Business Administration; 
(XIII) the Federal Cochairman 
of the Appalachian Regional Commis-
sion; and 
(XIV) the head of any other Fed-
eral agency that the Assistant Sec-
retary determines to be appropriate; 
and 
(ii) ensure that the Program com-
plements and enhances, and does not con-
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flict with, other Federal broadband service 
support programs and Universal Service 
Fund programs. 
(b) ELIGIBILITY.—The Assistant Secretary may 
award a grant under the Program to any of the following 
entities if the entity is not serving, and has not served, 
as the administering entity for a State under section 
31121(b): 
(1) A political subdivision, agency, or instru-
mentality of a State, including an agency of a State 
that is responsible for administering or supervising 
adult education and literacy activities in the State. 
(2) An Indian Tribe, a tribally designated enti-
ty, or a Native Hawaiian organization. 
(3) An entity that is— 
(A) a not-for-profit entity; and 
(B) not a school. 
(4) An anchor institution. 
(5) A local educational agency. 
(6) An entity that carries out a workforce devel-
opment program. 
(7) A consortium of any of the entities de-
scribed in paragraphs (1) through (6). 
(8) A consortium of— 
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(A) an entity described in any of para-
graphs (1) through (6); and 
(B) an entity that— 
(i) the Assistant Secretary, by rule, 
determines to be in the public interest; and 
(ii) is not a school. 
(c) APPLICATION.—An entity that wishes to be 
awarded a grant under the Program shall submit to the 
Assistant Secretary an application— 
(1) at such time, in such form, and containing 
such information as the Assistant Secretary may re-
quire; and 
(2) that— 
(A) provides a detailed explanation of how 
the entity will use any grant amounts awarded 
under the Program to carry out the purposes of 
the Program in an efficient and expeditious 
manner; 
(B) identifies the period in which the ap-
plicant will expend the grant funds awarded 
under the Program; 
(C) includes— 
(i) a justification for the amount of 
the grant that the applicant is requesting; 
and 
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(ii) for each fiscal year in which the 
applicant will expend the grant funds, a 
budget for the activities that the grant 
funds will support; 
(D) demonstrates to the satisfaction of the 
Assistant Secretary that the entity— 
(i) is capable of carrying out the 
project or function to which the application 
relates and the activities described in sub-
section (h)— 
(I) in a competent manner; and 
(II) in compliance with all appli-
cable Federal, State, and local laws; 
and 
(ii) if the applicant is an entity de-
scribed in subsection (b)(1), will appro-
priate or otherwise unconditionally obligate 
from non-Federal sources funds that are 
necessary to meet the requirements of sub-
section (e); 
(E) discloses to the Assistant Secretary the 
source and amount of other Federal, State, or 
outside funding sources from which the entity 
receives, or has applied for, funding for activi-
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ties or projects to which the application relates; 
and 
(F) provides— 
(i) the assurances that are required 
under subsection (f); and 
(ii) an assurance that the entity shall 
follow such additional procedures as the 
Assistant Secretary may require to ensure 
that grant funds are used and accounted 
for in an appropriate manner. 
(d) AWARD OF GRANTS.— 
(1) FACTORS
CONSIDERED
IN
AWARD
OF 
GRANTS.—In deciding whether to award a grant 
under the Program, the Assistant Secretary shall, to 
the extent practicable, consider— 
(A) whether— 
(i) an application will, if approved— 
(I) increase access to broadband 
service and the adoption of broadband 
service among covered populations to 
be served by the applicant; and 
(II) not result in unjust enrich-
ment; and 
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(ii) the applicant is, or plans to sub-
contract with, a socially and economically 
disadvantaged small business concern; 
(B) the comparative geographic diversity of 
the application in relation to other eligible ap-
plications; and 
(C) the extent to which an application may 
duplicate or conflict with another program. 
(2) USE OF FUNDS.— 
(A) IN GENERAL.—In addition to the ac-
tivities required under subparagraph (B), an 
entity to which the Assistant Secretary awards 
a grant under the Program shall use the grant 
amounts to support not less than one of the fol-
lowing activities: 
(i) To develop and implement digital 
inclusion activities that benefit covered 
populations. 
(ii) To facilitate the adoption of 
broadband service by covered populations, 
including by raising awareness of subsidies 
available to increase affordability of such 
service 
(including 
subsidies 
available 
through the Lifeline program of the Com-
mission), in order to provide educational 
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and employment opportunities to those 
populations. 
(iii) To implement, consistent with the 
purposes of this chapter— 
(I) training programs for covered 
populations that cover basic, ad-
vanced, and applied skills; or 
(II) other workforce development 
programs. 
(iv) To make available equipment, in-
strumentation, networking capability, hard-
ware and software, or digital network tech-
nology for broadband service to covered 
populations at low or no cost. 
(v) To construct, upgrade, expend, or 
operate new or existing public access com-
puting centers for covered populations 
through anchor institutions. 
(vi) To undertake any other project or 
activity that the Assistant Secretary finds 
to be consistent with the purposes for 
which the Program is established. 
(B) EVALUATION.— 
(i) IN GENERAL.—An entity to which 
the Assistant Secretary awards a grant 
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under the Program shall use not more 
than 10 percent of the grant amounts to 
measure and evaluate the activities sup-
ported with the grant amounts. 
(ii) SUBMISSION TO ASSISTANT SEC-
RETARY.—An entity to which the Assistant 
Secretary awards a grant under the Pro-
gram shall submit to the Assistant Sec-
retary each measurement and evaluation 
performed under clause (i)— 
(I) in a manner specified by the 
Assistant Secretary; 
(II) not later than 15 months 
after the date on which the entity is 
awarded the grant amounts; and 
(III) annually after the submis-
sion described in subclause (II) for 
any year in which the entity expends 
grant amounts. 
(C) ADMINISTRATIVE COSTS.—An entity to 
which the Assistant Secretary awards a grant 
under the Program may use not more than 10 
percent of the amount of the grant for adminis-
trative costs in carrying out any of the activities 
described in subparagraph (A). 
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(D) TIME LIMITATIONS.—With respect to 
a grant awarded to an entity under the Pro-
gram, the entity— 
(i) except as provided in clause (ii), 
shall expend the grant amounts during the 
4-year period beginning on the date on 
which the entity is awarded the grant 
amounts; and 
(ii) during the 1-year period beginning 
on the date that is 4 years after the date 
on which the entity is awarded the grant 
amounts, may continue to measure and 
evaluate the activities supported with the 
grant amounts, as required under subpara-
graph (B). 
(E) CONTRACTING
REQUIREMENTS.—All 
laborers and mechanics employed by contractors 
or subcontractors in the performance of con-
struction, alteration, or repair work carried out, 
in whole or in part, with a grant under the Pro-
gram shall be paid wages at rates not less than 
those prevailing on projects of a similar char-
acter in the locality as determined by the Sec-
retary of Labor in accordance with subchapter 
IV of chapter 31 of title 40, United States 
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Code. With respect to the labor standards in 
this subparagraph, the Secretary of Labor shall 
have the authority and functions set forth in 
Reorganization Plan Numbered 14 of 1950 (64 
Stat. 1267; 5 U.S.C. App.) and section 3145 of 
title 40, United States Code. 
(F) NEUTRALITY REQUIREMENT.—An em-
ployer to which the Assistant Secretary awards 
a grant under the Program shall remain neutral 
with respect to the exercise of employees and 
labor organizations of the right to organize and 
bargain under the National Labor Relations Act 
(29 U.S.C. 151 et seq.). 
(G) REFERRAL OF ALLEGED VIOLATIONS 
OF APPLICABLE FEDERAL LABOR AND EMPLOY-
MENT
LAWS.—The Assistant Secretary shall 
refer any alleged violation of an applicable labor 
and employment law to the appropriate Federal 
agency for investigation and enforcement, any 
alleged violation of subparagraph (E) or (F) to 
the National Labor Relations Board for inves-
tigation and enforcement, utilizing all appro-
priate remedies up to and including debarment 
from the Program. 
(e) FEDERAL SHARE.— 
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(1) IN GENERAL.—Except as provided in para-
graph (2), the Federal share of any project for 
which the Assistant Secretary awards a grant under 
the Program may not exceed 90 percent. 
(2) EXCEPTION.—The Assistant Secretary may 
grant a waiver with respect to the limitation on the 
Federal share of a project described in paragraph 
(1) if— 
(A) the applicant with respect to the 
project petitions the Assistant Secretary for the 
waiver; and 
(B) the Assistant Secretary determines 
that the petition described in subparagraph (A) 
demonstrates financial need. 
(f) ASSURANCES.—When applying for a grant under 
this section, an entity shall include in the application for 
that grant assurances that the entity will— 
(1) use any grant funds that the entity is 
awarded in accordance with any applicable statute, 
regulation, or application procedure; 
(2) adopt and use proper methods of admin-
istering any grant that the entity is awarded, includ-
ing by— 
(A) enforcing any obligation imposed under 
law on any agency, institution, organization, or 
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other entity that is responsible for carrying out 
a program to which the grant relates; 
(B) correcting any deficiency in the oper-
ation of a program to which the grant relates, 
as identified through an audit or another moni-
toring or evaluation procedure; and 
(C) adopting written procedures for the re-
ceipt and resolution of complaints alleging a 
violation of law with respect to a program to 
which the grant relates; 
(3) cooperate with respect to any evaluation— 
(A) of any program that relates to a grant 
awarded to the entity; and 
(B) that is carried out by or for the Assist-
ant Secretary or another Federal official; 
(4) use fiscal control and fund accounting pro-
cedures that ensure the proper disbursement of, and 
accounting for, any Federal funds that the entity is 
awarded under the Program; 
(5) submit to the Assistant Secretary any re-
ports that may be necessary to enable the Assistant 
Secretary to perform the duties of the Assistant Sec-
retary under the Program; and 
(6) maintain any records and provide any infor-
mation to the Assistant Secretary, including those 
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records, that the Assistant Secretary determines is 
necessary to enable the Assistant Secretary to per-
form the duties of the Assistant Secretary under the 
Program. 
(g) TERMINATION OF GRANT.—In addition to other 
authority under applicable law, the Assistant Secretary 
shall— 
(1) terminate a grant awarded to an entity 
under this section if, after notice to the entity and 
opportunity for a hearing, the Assistant Secretary 
determines, and presents to the entity a rationale 
and supporting information that clearly dem-
onstrates, that— 
(A) the grant funds are not being used in 
a manner that is consistent with the application 
with respect to the grant submitted by the enti-
ty under subsection (c); 
(B) the entity is not upholding assurances 
made by the entity to the Assistant Secretary 
under subsection (f); or 
(C) the grant is no longer necessary to 
achieve the original purpose for which the As-
sistant Secretary awarded the grant; and 
(2) with respect to any grant funds that the As-
sistant Secretary terminates under paragraph (1) or 
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