[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1167 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1167

 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

                             April 11, 2019

  Mrs. Murray (for herself, Mr. King, Ms. Hirono, Mr. Whitehouse, Ms. 
 Smith, Ms. Klobuchar, Mr. Blumenthal, Mr. Van Hollen, Mr. Peters, Mr. 
 Reed, Ms. Warren, and Mr. Wyden) 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Digital Equity Act of 2019''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Adoption of broadband.--The term ``adoption of 
        broadband'' means the process by which an individual obtains 
        daily access to the internet--
                    (A) at a speed, quality, and capacity--
                            (i) that is necessary for the individual to 
                        accomplish common tasks; and
                            (ii) such that the access qualifies as an 
                        advanced telecommunications capability;
                    (B) with the digital skills that are necessary for 
                the individual to participate online; and
                    (C) on a--
                            (i) personal device; and
                            (ii) secure and convenient network.
            (2) Advanced telecommunications capability.--The term 
        ``advanced telecommunications capability'' has the meaning 
        given the term in section 706(d) of the Telecommunications Act 
        of 1996 (47 U.S.C. 1302(d)).
            (3) Aging individual.--The term ``aging individual'' has 
        the meaning given the term ``older individual'' in section 102 
        of the Older Americans Act of 1965 (42 U.S.C. 3002).
            (4) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Appropriations of the Senate;
                    (B) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (C) the Committee on Appropriations of the House of 
                Representatives; and
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives.
            (5) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (6) Community anchor institution.--The term ``community 
        anchor institution'' means a public school, a library, a 
        medical or healthcare provider, a community college or other 
        institution of higher education, a State library agency, and 
        any other nonprofit or governmental community support 
        organization.
            (7) Covered household.--The term ``covered household'' 
        means a household, the taxable income of which for the most 
        recently completed taxable year is not more than 150 percent of 
        an amount equal to the poverty level, as determined by using 
        criteria of poverty established by the Bureau of the Census.
            (8) Covered populations.--The term ``covered populations'' 
        means--
                    (A) individuals who live in covered households;
                    (B) aging individuals;
                    (C) incarcerated individuals, other than 
                individuals who are incarcerated in a Federal 
                correctional facility;
                    (D) veterans;
                    (E) individuals with disabilities;
                    (F) individuals with a language barrier, including 
                individuals who--
                            (i) are English learners; and
                            (ii) have low levels of literacy;
                    (G) individuals who are members of a racial or 
                ethnic minority group; and
                    (H) individuals who primarily reside in a rural 
                area.
            (9) Covered programs.--The term ``covered programs'' means 
        the State Digital Equity Capacity Grant Program established 
        under section 4 and the Digital Equity Competitive Grant 
        Program established under section 5.
            (10) Digital equity.--The term ``digital equity'' means the 
        condition in which individuals and communities have the 
        information technology capacity that is needed for full 
        participation in the society and economy of the United States.
            (11) Digital inclusion.--The term ``digital inclusion''--
                    (A) means the activities that are necessary to 
                ensure that all individuals in the United States have 
                access to, and the use of, affordable information and 
                communication technologies, such as--
                            (i) reliable fixed and wireless broadband 
                        internet service;
                            (ii) internet-enabled devices that meet the 
                        needs of the user; and
                            (iii) applications and online content 
                        designed to enable and encourage self-
                        sufficiency, participation, and collaboration; 
                        and
                    (B) includes--
                            (i) obtaining access to digital literacy 
                        training;
                            (ii) the provision of quality technical 
                        support; and
                            (iii) obtaining basic awareness of measures 
                        to ensure online privacy and cybersecurity.
            (12) Digital literacy.--The term ``digital literacy'' means 
        the skills associated with using technology to enable users to 
        find, evaluate, organize, create, and communicate information.
            (13) Disability.--The term ``disability'' has the meaning 
        given the term in section 3 of the Americans with Disabilities 
        Act of 1990 (42 U.S.C. 12102).
            (14) Eligible state.--The term ``eligible State'' means--
                    (A) with respect to planning grants made available 
                under section 4(c)(3), a State with respect to which 
                the Assistant Secretary has approved an application 
                submitted to the Assistant Secretary under section 
                4(c)(3)(C); and
                    (B) with respect to capacity grants awarded under 
                section 4(d), a State with respect to which the 
                Assistant Secretary has approved an application 
                submitted to the Assistant Secretary under section 
                4(d)(2), including approval of the State Digital Equity 
                Plan developed by the State under section 4(c).
            (15) Gender identity.--The term ``gender identity'' has the 
        meaning given the term in section 249(c) of title 18, United 
        States Code.
            (16) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304(e)).
            (17) Institution of higher education.--The term 
        ``institution of higher education''--
                    (A) has the meaning given the term in section 101 
                of the Higher Education Act of 1965 (20 U.S.C. 1001); 
                and
                    (B) includes a postsecondary vocational 
                institution.
            (18) Local educational agency.--The term ``local 
        educational agency'' has the meaning given the term in section 
        8101(30) of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 7801(30)).
            (19) Postsecondary vocational institution.--The term 
        ``postsecondary vocational institution'' has the meaning given 
        the term in section 102(c) of the Higher Education Act of 1965 
        (20 U.S.C. 1002(c)).
            (20) Rural area.--The term ``rural area'' has the meaning 
        given the term in section 601(b)(3) of the Rural 
        Electrification Act of 1936 (7 U.S.C. 950bb(b)(3)).
            (21) Socially and economically disadvantaged small business 
        concern.--The term ``socially and economically disadvantaged 
        small business concern'' has the meaning given the term in 
        section 8(a)(4) of the Small Business Act (15 U.S.C. 
        637(a)(4)).
            (22) State.--The term ``State'' means--
                    (A) any State of the United States;
                    (B) the District of Columbia; and
                    (C) the Commonwealth of Puerto Rico.
            (23) Veteran.--The term ``veteran'' has the meaning given 
        the term in section 101 of title 38, United States Code.
            (24) Workforce development program.--The term ``workforce 
        development program'' has the meaning given the term in section 
        3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 
        3102).

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) a broadband connection and digital literacy are 
        increasingly critical to how individuals--
                    (A) participate in the society, economy, and civic 
                institutions of the United States; and
                    (B) access health care and essential services, 
                obtain education, and build careers;
            (2) digital exclusion--
                    (A) carries a high societal and economic cost;
                    (B) materially harms the opportunity of an 
                individual with respect to the economic success, 
                educational achievement, positive health outcomes, 
                social inclusion, and civic engagement of that 
                individual; and
                    (C) exacerbates existing wealth and income gaps, 
                especially those experienced by covered populations;
            (3) achieving digital equity for all people of the United 
        States requires additional and sustained investment and 
        research efforts;
            (4) the Federal Government, as well as State, tribal, 
        territorial, and local governments, have made social, legal, 
        and economic obligations that necessarily extend to how the 
        citizens and residents of those governments access and use the 
        internet; and
            (5) achieving digital equity is a matter of social and 
        economic justice and is worth pursuing.

SEC. 4. STATE DIGITAL EQUITY CAPACITY GRANT PROGRAM.

    (a) Establishment; Purpose.--
            (1) In general.--The Assistant Secretary shall establish in 
        the Department of Commerce the State Digital Equity Capacity 
        Grant Program (referred to in this section as the 
        ``Program'')--
                    (A) the purpose of which is to promote the 
                achievement of digital equity, support digital 
                inclusion activities, and build capacity for efforts by 
                States relating to the adoption of broadband by 
                residents of those States;
                    (B) through which the Assistant Secretary shall 
                make grants to States in accordance with the 
                requirements of this section; and
                    (C) which shall ensure that States have the 
                capacity to promote the achievement of digital equity 
                and support digital inclusion activities.
            (2) Consultation with other federal agencies; no 
        conflict.--In establishing the Program under paragraph (1), the 
        Assistant Secretary shall--
                    (A) consult with--
                            (i) the Secretary of Agriculture;
                            (ii) the Secretary of Housing and Urban 
                        Development;
                            (iii) the Secretary of Education;
                            (iv) the Secretary of Labor;
                            (v) the Secretary of Health and Human 
                        Services;
                            (vi) the Secretary of Veterans Affairs;
                            (vii) the Secretary of the Interior;
                            (viii) the Federal Communications 
                        Commission;
                            (ix) the Federal Trade Commission;
                            (x) the Director of the Institute of Museum 
                        and Library Services;
                            (xi) the Administrator of the Small 
                        Business Administration;
                            (xii) the Federal Co-Chair of the 
                        Appalachian Regional Commission; and
                            (xiii) the head of any other agency that 
                        the Assistant Secretary determines to be 
                        appropriate; and
                    (B) ensure that the Program complements and 
                enhances, and does not conflict with, other Federal 
                broadband initiatives and programs.
    (b) Administering Entity.--
            (1) Selection; function.--The governor (or equivalent 
        official) of a State that wishes to be awarded a grant under 
        this section shall, from among entities that are eligible under 
        paragraph (2), select an administering entity for that State, 
        which shall--
                    (A) serve as the recipient of, and administering 
                agent for, any grant awarded to the State under this 
                section;
                    (B) develop, implement, and oversee the State 
                Digital Equity Plan for the State described in 
                subsection (c);
                    (C) make subgrants to any entity described in 
                subsection (c)(1)(D) that is located in the State in 
                support of--
                            (i) the State Digital Equity Plan for the 
                        State; and
                            (ii) digital inclusion activities in the 
                        State generally; and
                    (D) serve as--
                            (i) an advocate for digital equity policy 
                        and digital inclusion activities; and
                            (ii) a repository of best practice 
                        materials regarding the policies and activities 
                        described in clause (i).
            (2) Eligible entities.--Any of the following entities may 
        serve as the administering entity for a State for the purposes 
        of this section if the entity has demonstrated a capacity to 
        administer the Program on a statewide level:
                    (A) The State, a political subdivision, agency, or 
                instrumentality of the State, an Indian tribe located 
                in the State, an Alaska Native entity located in the 
                State, or a Native Hawaiian organization located in the 
                State.
                    (B) A foundation, corporation, institution, 
                association, or coalition that is--
                            (i) a not-for-profit entity;
                            (ii) located in the State; and
                            (iii) not a school.
                    (C) A community anchor institution, other than a 
                school, that is located in the State.
                    (D) A local educational agency that is located in 
                the State.
                    (E) An entity located in the State that carries out 
                a workforce development program.
                    (F) An agency of the State that is responsible for 
                administering or supervising adult education and 
                literacy activities in the State.
                    (G) A public housing authority that is located in 
                the State.
                    (H) A partnership between any of the entities 
                described in subparagraphs (A) through (G).
    (c) State Digital Equity Plan.--
            (1) Development; contents.--A State that wishes to be 
        awarded a grant under subsection (d) shall develop a State 
        Digital Equity Plan for the State, which shall include--
                    (A) the identification of the barriers to digital 
                equity faced by covered populations in the State;
                    (B) measurable objectives for documenting and 
                promoting, among each group described in subparagraphs 
                (A) through (H) of section 2(8) located in that State--
                            (i) the availability of, and affordability 
                        of access to, fixed and wireless broadband 
                        technology;
                            (ii) the online accessibility and 
                        inclusivity of public resources and services;
                            (iii) digital literacy;
                            (iv) awareness of, and the use of, measures 
                        to secure the online privacy of, and 
                        cybersecurity with respect to, an individual; 
                        and
                            (v) the availability and affordability of 
                        consumer devices and technical support for 
                        those devices;
                    (C) an assessment of how the objectives described 
                in subparagraph (B) will impact and interact with the 
                State's--
                            (i) economic and workforce development 
                        goals, plans, and outcomes;
                            (ii) educational outcomes;
                            (iii) health outcomes;
                            (iv) civic and social engagement; and
                            (v) delivery of other essential services;
                    (D) in order to achieve the objectives described in 
                subparagraph (B), a description of how the State plans 
                to collaborate with key stakeholders in the State, 
                which may include--
                            (i) community anchor institutions;
                            (ii) county and municipal governments;
                            (iii) local educational agencies;
                            (iv) where applicable, Indian tribes, 
                        Alaska Native entities, or Native Hawaiian 
                        organizations;
                            (v) nonprofit organizations;
                            (vi) organizations that represent--
                                    (I) individuals with disabilities, 
                                including organizations that represent 
                                children with disabilities;
                                    (II) aging individuals;
                                    (III) individuals with language 
                                barriers, including--
                                            (aa) individuals who are 
                                        English learners; and
                                            (bb) individuals who have 
                                        low levels of literacy;
                                    (IV) veterans; and
                                    (V) individuals in that State who 
                                are incarcerated in facilities other 
                                than Federal correctional facilities;
                            (vii) civil rights organizations;
                            (viii) entities that carry out workforce 
                        development programs;
                            (ix) agencies of the State that are 
                        responsible for administering or supervising 
                        adult education and literacy activities in the 
                        State;
                            (x) public housing authorities in the 
                        State; and
                            (xi) a partnership between any of the 
                        entities described in clauses (i) through (x); 
                        and
                    (E) a list of organizations with which the 
                administering entity for the State collaborated in 
                developing and implementing the Plan.
            (2) Public availability.--
                    (A) In general.--The administering entity for a 
                State shall make the State Digital Equity Plan of the 
                State available for public comment for a period of not 
                less than 30 days before the date on which the State 
                submits an application to the Assistant Secretary under 
                subsection (d)(2).
                    (B) Consideration of comments received.--The 
                administering entity for a State shall, with respect to 
                an application submitted to the Assistant Secretary 
                under subsection (d)(2)--
                            (i) before submitting the application--
                                    (I) consider all comments received 
                                during the comment period described in 
                                subparagraph (A) with respect to the 
                                application (referred to in this 
                                subparagraph as the ``comment 
                                period''); and
                                    (II) make any changes to the plan 
                                that the administering entity 
                                determines to be worthwhile; and
                            (ii) when submitting the application--
                                    (I) describe any changes pursued by 
                                the administering entity in response to 
                                comments received during the comment 
                                period; and
                                    (II) include a written response to 
                                each comment received during the 
                                comment period.
            (3) Planning grants.--
                    (A) In general.--Beginning in the first fiscal year 
                that begins after the date of enactment of this Act, 
                the Assistant Secretary shall, in accordance with the 
                requirements of this paragraph, award planning grants 
                to States for the purpose of developing the State 
                Digital Equity Plans of those States under this 
                subsection.
                    (B) Eligibility.--In order to be awarded a planning 
                grant under this paragraph, a State--
                            (i) shall submit to the Assistant Secretary 
                        an application under subparagraph (C); and
                            (ii) may not have been awarded, at any 
                        time, a planning grant under this paragraph.
                    (C) Application.--A State that wishes to be awarded 
                a planning grant under this paragraph shall, not later 
                than 60 days after the date on which the notice of 
                funding availability with respect to the grant is 
                released, submit to the Assistant Secretary an 
                application, in a format to be determined by the 
                Assistant Secretary, that contains the following 
                materials:
                            (i) A description of the entity selected to 
                        serve as the administering entity for the 
                        State, as described in subsection (b).
                            (ii) A certification from the State that, 
                        not later than 1 year after the date on which 
                        the Assistant Secretary awards the planning 
                        grant to the State, the administering entity 
                        for that State shall develop a State Digital 
                        Equity Plan under this subsection, which--
                                    (I) the administering entity shall 
                                submit to the Assistant Secretary; and
                                    (II) shall comply with the 
                                requirements of this subsection, 
                                including the requirement under 
                                paragraph (2)(B).
                            (iii) The assurances required under 
                        subsection (e).
                    (D) Awards.--
                            (i) Amount of grant.--A planning grant 
                        awarded to an eligible State under this 
                        paragraph shall be determined according to the 
                        formula under subsection (d)(3)(A)(i).
                            (ii) Duration.--
                                    (I) In general.--Except as provided 
                                in subclause (II), with respect to a 
                                planning grant awarded to an eligible 
                                State under this paragraph, the State 
                                shall expend the grant funds during the 
                                1-year period beginning on the date on 
                                which the State is awarded the grant 
                                funds.
                                    (II) Exception.--The Assistant 
                                Secretary may grant an extension of not 
                                longer than 180 days with respect to 
                                the requirement under subclause (I).
                            (iii) Challenge mechanism.--The Assistant 
                        Secretary shall ensure that any eligible State 
                        to which a planning grant is awarded under this 
                        paragraph may appeal or otherwise challenge in 
                        a timely fashion the amount of the grant 
                        awarded to the State, as determined under 
                        clause (i).
                    (E) Use of funds.--An eligible State to which a 
                planning grant is awarded under this paragraph shall, 
                through the administering entity for that State, use 
                the grant funds only for the following purposes:
                            (i) To develop the State Digital Equity 
                        Plan of the State under this subsection.
                            (ii)(I) Subject to subclause (II), to make 
                        subgrants to any of the entities described in 
                        paragraph (1)(D) to assist in the development 
                        of the State Digital Equity Plan of the State 
                        under this subsection.
                            (II) If the administering entity for a 
                        State makes a subgrant described in subclause 
                        (I), the administering entity shall, with 
                        respect to the subgrant, provide to the State 
                        the assurances required under subsection (e).
    (d) State Capacity Grants.--
            (1) In general.--Beginning not later than 2 years after the 
        date on which the Assistant Secretary begins awarding planning 
        grants under subsection (c)(3), the Assistant Secretary shall 
        each year award grants to eligible States to support--
                    (A) the implementation of the State Digital Equity 
                Plans of those States; and
                    (B) digital inclusion activities in those States.
            (2) Application.--A State that wishes to be awarded a grant 
        under this subsection shall, not later than 60 days after the 
        date on which the notice of funding availability with respect 
        to the grant is released, submit to the Assistant Secretary an 
        application, in a format to be determined by the Assistant 
        Secretary, that contains the following materials:
                    (A) A description of the entity selected to serve 
                as the administering entity for the State, as described 
                in subsection (b).
                    (B) The State Digital Equity Plan of that State, as 
                described in subsection (c).
                    (C) A certification that the State, acting through 
                the administering entity for the State, shall--
                            (i) implement the State Digital Equity Plan 
                        of the State; and
                            (ii) make grants in a manner that is 
                        consistent with the aims of the Plan described 
                        in clause (i).
                    (D) The assurances required under subsection (e).
                    (E) In the case of a State to which the Assistant 
                Secretary has previously awarded a grant under this 
                subsection, any amendments to the State Digital Equity 
                Plan of that State, as compared with the State Digital 
                Equity Plan of the State previously submitted.
            (3) Awards.--
                    (A) Amount of grant.--
                            (i) Formula.--Subject to clauses (ii), 
                        (iii), and (iv), the Assistant Secretary shall 
                        calculate the amount of a grant awarded to an 
                        eligible State under this subsection in 
                        accordance with the following criteria, using 
                        the best available data for all States for the 
                        fiscal year in which the grant is awarded:
                                    (I) 50 percent of the total grant 
                                amount shall be based on the population 
                                of the eligible State in proportion to 
                                the total population of all eligible 
                                States.
                                    (II) 25 percent of the total grant 
                                amount shall be based on the number of 
                                individuals in the eligible State who 
                                are covered populations in proportion 
                                to the total number of individuals in 
                                all eligible States who are covered 
                                populations.
                                    (III) 25 percent of the total grant 
                                amount shall be based on the 
                                comparative lack of availability and 
                                adoption of broadband in the eligible 
                                State in proportion to the lack of 
                                availability and adoption of broadband 
                                of all eligible States, which shall be 
                                determined according to data collected 
                                from--
                                            (aa) the annual inquiry of 
                                        the Federal Communications 
                                        Commission conducted under 
                                        section 706(b) of the 
                                        Telecommunications Act of 1996 
                                        (47 U.S.C. 1302(b));
                                            (bb) the American Community 
                                        Survey or, if necessary, other 
                                        data collected by the Bureau of 
                                        the Census;
                                            (cc) the Internet and 
                                        Computer Use Supplement to the 
                                        Current Population Survey of 
                                        the Bureau of the Census; and
                                            (dd) any other source that 
                                        the Assistant Secretary, after 
                                        appropriate notice and 
                                        opportunity for public comment, 
                                        determines to be appropriate.
                            (ii) Minimum award.--The amount of a grant 
                        awarded to an eligible State under this 
                        subsection in a fiscal year shall be not less 
                        than 0.5 percent of the total amount made 
                        available to award grants to eligible States 
                        for that fiscal year.
                            (iii) Additional amounts.--If, after 
                        awarding planning grants to States under 
                        subsection (c)(3) and capacity grants to 
                        eligible States under this subsection in a 
                        fiscal year, there are amounts remaining to 
                        carry out this section, the Assistant Secretary 
                        shall distribute those amounts--
                                    (I) to eligible States to which the 
                                Assistant Secretary has awarded grants 
                                under this subsection for that fiscal 
                                year; and
                                    (II) in accordance with the formula 
                                described in clause (i).
                            (iv) Data unavailable.--If, in a fiscal 
                        year, the Commonwealth of Puerto Rico (referred 
                        to in this clause as ``Puerto Rico'') is an 
                        eligible State and specific data for Puerto 
                        Rico is unavailable for a factor described in 
                        subclause (I), (II), or (II) of clause (i), the 
                        Assistant Secretary shall use the median data 
                        point with respect to that factor among all 
                        eligible States and assign it to Puerto Rico 
                        for the purposes of making any calculation 
                        under that clause for that fiscal year.
                    (B) Duration.--With respect to a grant awarded to 
                an eligible State under this subsection, the eligible 
                State shall expend the grant funds during the 5-year 
                period beginning on the date on which the eligible 
                State is awarded the grant funds.
                    (C) Challenge mechanism.--The Assistant Secretary 
                shall ensure that any eligible State to which a grant 
                is awarded under this subsection may appeal or 
                otherwise challenge in a timely fashion the amount of 
                the grant awarded to the State, as determined under 
                subparagraph (A).
                    (D) Use of funds.--The administering entity for an 
                eligible State to which a grant is awarded under this 
                subsection shall use the grant amounts for the 
                following purposes:
                            (i)(I) Subject to subclause (II), to update 
                        or maintain the State Digital Equity Plan of 
                        the State.
                            (II) An administering entity for an 
                        eligible State to which a grant is awarded 
                        under this subsection may use not more than 20 
                        percent of the amount of the grant for the 
                        purpose described in subclause (I).
                            (ii) To implement the State Digital Equity 
                        Plan of the State.
                            (iii)(I) Subject to subclause (II), to 
                        award a grant to any entity that is described 
                        in section 5(b) and is located in the eligible 
                        State in order to--
                                    (aa) assist in the implementation 
                                of the State Digital Equity Plan of the 
                                State;
                                    (bb) pursue digital inclusion 
                                activities in the State consistent with 
                                the State Digital Equity Plan of the 
                                State; and
                                    (cc) report to the State regarding 
                                the digital inclusion activities of the 
                                entity.
                            (II) Before an administering entity for an 
                        eligible State may award a grant under 
                        subclause (I), the administering entity shall 
                        require the entity to which the grant is 
                        awarded to certify that--
                                    (aa) the entity shall carry out the 
                                activities required under items (aa), 
                                (bb), and (cc) of that subclause;
                                    (bb) the receipt of the grant shall 
                                not result in unjust enrichment of the 
                                entity; and
                                    (cc) the entity shall cooperate 
                                with any evaluation--
                                            (AA) of any program that 
                                        relates to a grant awarded to 
                                        the entity; and
                                            (BB) that is carried out by 
                                        or for the administering 
                                        entity, the Assistant 
                                        Secretary, or another Federal 
                                        official.
                            (iv)(I) Subject to subclause (II), to 
                        evaluate the efficacy of the efforts funded by 
                        grants made under clause (iii).
                            (II) An administering entity for an 
                        eligible State to which a grant is awarded 
                        under this subsection may use not more than 5 
                        percent of the amount of the grant for a 
                        purpose described in subclause (I).
                            (v)(I) Subject to subclause (II), for the 
                        administrative costs incurred in carrying out 
                        the activities described in clauses (i) through 
                        (iv).
                            (II) An administering entity for an 
                        eligible State to which a grant is awarded 
                        under this subsection may use not more than 3 
                        percent of the amount of the grant for a 
                        purpose described in subclause (I).
    (e) Assurances.--When applying for a grant under this section, a 
State shall include in the application for that grant assurances that--
            (1) if an entity described in section 5(b) is awarded grant 
        funds under this section (referred to in this subsection as a 
        ``covered recipient''), provide that--
                    (A) the covered recipient shall use the grant funds 
                in accordance with any applicable statute, regulation, 
                and application procedure;
                    (B) the administering entity for that State shall 
                adopt and use proper methods of administering any grant 
                that the covered recipient is awarded, including by--
                            (i) enforcing any obligation imposed under 
                        law on any agency, institution, organization, 
                        or other entity that is responsible for 
                        carrying out the program to which the grant 
                        relates;
                            (ii) correcting any deficiency in the 
                        operation of a program to which the grant 
                        relates, as identified through an audit or 
                        another monitoring or evaluation procedure; and
                            (iii) adopting written procedures for the 
                        receipt and resolution of complaints alleging a 
                        violation of law with respect to a program to 
                        which the grant relates; and
                    (C) the administering entity for that State shall 
                cooperate in carrying out any evaluation--
                            (i) of any program that relates to a grant 
                        awarded to the covered recipient; and
                            (ii) that is carried out by or for the 
                        Assistant Secretary or another Federal 
                        official;
            (2) the administering entity for that State shall--
                    (A) use fiscal control and fund accounting 
                procedures that ensure the proper disbursement of, and 
                accounting for, any Federal funds that the State is 
                awarded under this section;
                    (B) submit to the Assistant Secretary any reports 
                that may be necessary to enable the Assistant Secretary 
                to perform the duties of the Assistant Secretary under 
                this section;
                    (C) maintain any records and provide any 
                information to the Assistant Secretary, including those 
                records, that the Assistant Secretary determines is 
                necessary to enable the Assistant Secretary to perform 
                the duties of the Assistant Secretary under this 
                section; and
                    (D) with respect to any significant proposed change 
                or amendment to the State Digital Equity Plan for the 
                State, make the change or amendment available for 
                public comment in accordance with subsection (c)(2); 
                and
            (3) the State, before submitting to the Assistant Secretary 
        the State Digital Equity Plan of the State, has complied with 
        the requirements of subsection (c)(2).
    (f) Termination of Grant.--
            (1) In general.--The Assistant Secretary shall terminate a 
        grant awarded to an eligible State under this section if, after 
        notice to the State and opportunity for a hearing, the 
        Assistant Secretary--
                    (A) presents to the State a rationale and 
                supporting information that clearly demonstrates that--
                            (i) the grant funds are not contributing to 
                        the development or execution of the State 
                        Digital Equity Plan of the State, as 
                        applicable; and
                            (ii) the State is not upholding assurances 
                        made by the State to the Assistant Secretary 
                        under subsection (e); and
                    (B) determines that the grant is no longer 
                necessary to achieve the original purpose for which 
                Assistant Secretary awarded the grant.
            (2) Redistribution.--If the Assistant Secretary, in a 
        fiscal year, terminates a grant under paragraph (1), the 
        Assistant Secretary shall redistribute the unspent grant 
        amounts--
                    (A) to eligible States to which the Assistant 
                Secretary has awarded grants under subsection (d) for 
                that fiscal year; and
                    (B) in accordance with the formula described in 
                subsection (d)(3)(A)(i).
    (g) Reporting and Information Requirements; Internet Disclosure.--
The Assistant Secretary--
            (1) shall--
                    (A) require any entity to which a grant, including 
                a subgrant, is awarded under this section to publicly 
                report, for each year during the period described in 
                subsection (c)(3)(D)(ii) or (d)(3)(B), as applicable, 
                with respect to the grant, and in a format specified by 
                the Assistant Secretary, on--
                            (i) the use of that grant by the entity;
                            (ii) the progress of the entity towards 
                        fulfilling the objectives for which the grant 
                        was awarded; and
                            (iii) the implementation of the State 
                        Digital Equity Plan of the State;
                    (B) establish appropriate mechanisms to ensure that 
                each eligible State to which a grant is awarded under 
                this section--
                            (i) uses the grant amounts in an 
                        appropriate manner; and
                            (ii) complies with all terms with respect 
                        to the use of the grant amounts; and
                    (C) create and maintain a fully searchable 
                database, which shall be accessible on the internet at 
                no cost to the public, that contains, at a minimum--
                            (i) the application of each State that has 
                        applied for a grant under this section;
                            (ii) the status of each application 
                        described in clause (i);
                            (iii) each report submitted by an entity 
                        under subparagraph (A);
                            (iv) a record of public comments made 
                        regarding the State Digital Equity Plan of a 
                        State, as well as any written responses to or 
                        actions taken in as a result of those comments; 
                        and
                            (v) any other information that is 
                        sufficient to allow the public to understand 
                        and monitor grants awarded under this section; 
                        and
            (2) may establish additional reporting and information 
        requirements for any recipient of a grant under this section.
    (h) Supplement Not Supplant.--A grant or subgrant awarded under 
this section shall supplement, not supplant, other Federal or State 
funds that have been made available to carry out activities described 
in this section.
    (i) Set Asides.--From amounts made available in a fiscal year to 
carry out the Program, the Assistant Secretary shall reserve--
            (1) not more than 5 percent for the implementation and 
        administration of the Program, which shall include--
                    (A) providing technical support and assistance, 
                including ensuring consistency in data reporting;
                    (B) providing assistance to--
                            (i) States, or administering entities for 
                        States, to prepare the applications of those 
                        States; and
                            (ii) administering entities with respect to 
                        grants awarded under this section; and
                    (C) developing the report required under section 
                6(a);
            (2) not less than 5 percent to award grants to, or enter 
        into contracts or cooperative agreements with, Indian tribes, 
        Alaska Native entities, and Native Hawaiian organizations to 
        allow those tribes, entities, and organizations to carry out 
        the activities described in this section; and
            (3) not less than 1 percent to award grants to, or enter 
        into contracts or cooperative agreements with, the United 
        States Virgin Islands, Guam, American Samoa, the Commonwealth 
        of the Northern Mariana Islands, and any other territory or 
        possession of the United States that is not a State to enable 
        those entities to carry out the activities described in this 
        section.
    (j) Rules.--The Assistant Secretary may prescribe such rules as may 
be necessary to carry out this section.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated--
            (1) $60,000,000 for the award of grants under subsection 
        (c)(3), which shall remain available until expended;
            (2) for each of the first 5 fiscal years in which amounts 
        are made available to award grants under subsection (d), 
        $125,000,000 for the award of those grants; and
            (3) such sums as may be necessary to carry out this section 
        for each fiscal year after the end of the 5-fiscal year period 
        described in paragraph (2).

SEC. 5. DIGITAL EQUITY COMPETITIVE GRANT PROGRAM.

    (a) Establishment.--
            (1) In general.--Not later than 30 days after the date on 
        which the Assistant Secretary begins awarding grants under 
        section 4(d), and not before that date, the Assistant Secretary 
        shall establish in the Department of Commerce the Digital 
        Equity Competitive Grant Program (referred to in this section 
        as the ``Program''), the purpose of which is to award grants to 
        support efforts to achieve digital equity, promote digital 
        inclusion activities, and spur greater adoption of broadband 
        among covered populations.
            (2) Consultation; no conflict.--In establishing the Program 
        under paragraph (1), the Assistant Secretary--
                    (A) may consult a State with respect to--
                            (i) the identification of groups described 
                        in subparagraphs (A) through (H) of section 
                        2(8) located in that State; and
                            (ii) the allocation of grant funds within 
                        that State for projects in or affecting the 
                        State; and
                    (B) shall--
                            (i) consult with--
                                    (I) the Secretary of Agriculture;
                                    (II) the Secretary of Housing and 
                                Urban Development;
                                    (III) the Secretary of Education;
                                    (IV) the Secretary of Labor;
                                    (V) the Secretary of Health and 
                                Human Services;
                                    (VI) the Secretary of Veterans 
                                Affairs;
                                    (VII) the Secretary of the 
                                Interior;
                                    (VIII) the Federal Communications 
                                Commission;
                                    (IX) the Federal Trade Commission;
                                    (X) the Director of the Institute 
                                of Museum and Library Services;
                                    (XI) the Administrator of the Small 
                                Business Administration;
                                    (XII) the Federal Co-Chair of the 
                                Appalachian Regional Commission; and
                                    (XIII) the head of any other agency 
                                that the Assistant Secretary determines 
                                to be appropriate; and
                            (ii) ensure that the Program complements 
                        and enhances, and does not conflict with, other 
                        Federal broadband initiatives and programs.
    (b) Eligibility.--The Assistant Secretary may award a grant under 
the Program to any of the following entities if the entity is not 
serving, and has not served, as the administering entity for a State 
under section 4(b):
            (1) A political subdivision, agency, or instrumentality of 
        a State, including an agency of a State that is responsible for 
        administering or supervising adult education and literacy 
        activities in the State.
            (2) An Indian tribe, an Alaska Native entity, or a Native 
        Hawaiian organization.
            (3) A foundation, corporation, institution, or association 
        that is--
                    (A) a not-for-profit entity; and
                    (B) not a school.
            (4) A community anchor institution.
            (5) A local educational agency.
            (6) An entity that carries out a workforce development 
        program.
            (7) A partnership between any of the entities described in 
        paragraphs (1) through (6).
            (8) A partnership between--
                    (A) an entity described in any of paragraphs (1) 
                through (6); and
                    (B) an entity that--
                            (i) the Assistant Secretary, by rule, 
                        determines to be in the public interest; and
                            (ii) is not a school.
    (c) Application.--An entity that wishes to be awarded a grant under 
the Program shall submit to the Assistant Secretary an application--
            (1) at such time, in such form, and containing such 
        information as the Assistant Secretary may require; and
            (2) that--
                    (A) provides a detailed explanation of how the 
                entity will use any grant amounts awarded under the 
                Program to carry out the purposes of the Program in an 
                efficient and expeditious manner;
                    (B) identifies the period in which the applicant 
                will expend the grant funds awarded under the Program;
                    (C) includes--
                            (i) a justification for the amount of the 
                        grant that the applicant is requesting; and
                            (ii) for each fiscal year in which the 
                        applicant will expend the grant funds, a budget 
                        for the activities that the grant funds will 
                        support;
                    (D) demonstrates to the satisfaction of the 
                Assistant Secretary that the entity--
                            (i) is capable of carrying out--
                                    (I) the project or function to 
                                which the application relates; and
                                    (II) the activities described in 
                                subsection (h)--
                                            (aa) in a competent manner; 
                                        and
                                            (bb) in compliance with all 
                                        applicable Federal, State, and 
                                        local laws; and
                            (ii) if the applicant is an entity 
                        described in subsection (b)(1), shall 
                        appropriate or otherwise unconditionally 
                        obligate from non-Federal sources funds that 
                        are necessary to meet the requirements of 
                        subsection (e);
                    (E) discloses to the Assistant Secretary the source 
                and amount of other Federal, State, or outside funding 
                sources from which the entity receives, or has applied 
                for, funding for activities or projects to which the 
                application relates; and
                    (F) provides--
                            (i) the assurances that are required under 
                        subsection (f); and
                            (ii) an assurance that the entity shall 
                        follow such additional procedures as the 
                        Assistant Secretary may require to ensure that 
                        grant funds are used and accounted for in an 
                        appropriate manner.
    (d) Award of Grants.--
            (1) Factors considered in award of grants.--In deciding 
        whether to award a grant under the Program, the Assistant 
        Secretary shall, to the extent practicable, consider--
                    (A) whether--
                            (i) an application shall, if approved--
                                    (I) increase internet access and 
                                the adoption of broadband among covered 
                                populations to be served by the 
                                applicant; and
                                    (II) not result in unjust 
                                enrichment; and
                            (ii) the applicant is, or plans to 
                        subcontract with, a socially and economically 
                        disadvantaged small business concern;
                    (B) the comparative geographic diversity of the 
                application in relation to other eligible applications; 
                and
                    (C) the extent to which an application may 
                duplicate or conflict with another program.
            (2) Use of funds.--
                    (A) In general.--In addition to the activities 
                required under subparagraph (B), an entity to which the 
                Assistant Secretary awards a grant under the Program 
                shall use the grant amounts to support not less than 1 
                of the following activities:
                            (i) To develop and implement digital 
                        inclusion activities that benefit covered 
                        populations.
                            (ii) To facilitate the adoption of 
                        broadband by covered populations in order to 
                        provide educational and employment 
                        opportunities to those populations.
                            (iii) To implement, consistent with the 
                        purposes of this Act--
                                    (I) training programs for covered 
                                populations that cover basic, advanced, 
                                and applied skills; or
                                    (II) other workforce development 
                                programs.
                            (iv) To make available equipment, 
                        instrumentation, networking capability, 
                        hardware and software, or digital network 
                        technology for broadband services to covered 
                        populations at low or no cost.
                            (v) To construct, upgrade, expend, or 
                        operate new or existing public access computing 
                        centers for covered populations through 
                        community anchor institutions.
                            (vi) To undertake any other project and 
                        activity that the Assistant Secretary finds to 
                        be consistent with the purposes for which the 
                        Program is established.
                    (B) Evaluation.--
                            (i) In general.--An entity to which the 
                        Assistant Secretary awards a grant under the 
                        Program shall use not more than 10 percent of 
                        the grant amounts to measure and evaluate the 
                        activities supported with the grant amounts.
                            (ii) Submission to assistant secretary.--An 
                        entity to which the Assistant Secretary awards 
                        a grant under the Program shall submit to the 
                        Assistant Secretary each measurement and 
                        evaluation performed under clause (i)--
                                    (I) in a manner specified by the 
                                Assistant Secretary;
                                    (II) not later than 15 months after 
                                the date on which the entity is awarded 
                                the grant amounts; and
                                    (III) annually after the submission 
                                described in subclause (II) for any 
                                year in which the entity expends grant 
                                amounts.
                    (C) Administrative costs.--An entity to which the 
                Assistant Secretary awards a grant under the Program 
                may use not more than 10 percent of the amount of the 
                grant for administrative costs in carrying out any of 
                the activities described in subparagraph (A).
                    (D) Time limitations.--With respect to a grant 
                awarded to an entity under the Program, the entity--
                            (i) except as provided in clause (ii), 
                        shall expend the grant amounts during the 4-
                        year period beginning on the date on which the 
                        entity is awarded the grant amounts; and
                            (ii) during the 1-year period beginning on 
                        the date that is 4 years after the date on 
                        which the entity is awarded the grant amounts, 
                        may continue to measure and evaluate the 
                        activities supported with the grant amounts, as 
                        required under subparagraph (B).
    (e) Federal Share.--
            (1) In general.--Except as provided in paragraph (2), the 
        Federal share of any project for which the Assistant Secretary 
        awards a grant under the Program may not exceed 90 percent.
            (2) Exception.--The Assistant Secretary may grant a waiver 
        with respect to the limitation on the Federal share of a 
        project described in paragraph (1) if--
                    (A) the applicant with respect to the project 
                petitions the Assistant Secretary for the waiver; and
                    (B) the Assistant Secretary determines that the 
                petition described in subparagraph (A) demonstrates 
                financial need.
    (f) Assurances.--When applying for a grant under this section, an 
entity shall include in the application for that grant assurances that 
the entity shall--
            (1) use any grant funds that the entity is awarded--
                    (A) in accordance with any applicable statute, 
                regulation, and application procedure; and
                    (B) to the extent required under applicable law;
            (2) adopt and use proper methods of administering any grant 
        that the entity is awarded, including by--
                    (A) enforcing any obligation imposed under law on 
                any agency, institution, organization, or other entity 
                that is responsible for carrying out a program to which 
                the grant relates;
                    (B) correcting any deficiency in the operation of a 
                program to which the grant relates, as identified 
                through an audit or another monitoring or evaluation 
                procedure; and
                    (C) adopting written procedures for the receipt and 
                resolution of complaints alleging a violation of law 
                with respect to a program to which the grant relates;
            (3) cooperate with respect to any evaluation--
                    (A) of any program that relates to a grant awarded 
                to the entity; and
                    (B) that is carried out by or for the Assistant 
                Secretary or another Federal official;
            (4) use fiscal control and fund accounting procedures that 
        ensure the proper disbursement of, and accounting for, any 
        Federal funds that the entity is awarded under the Program;
            (5) submit to the Assistant Secretary any reports that may 
        be necessary to enable the Assistant Secretary to perform the 
        duties of the Assistant Secretary under the Program; and
            (6) maintain any records and provide any information to the 
        Assistant Secretary, including those records, that the 
        Assistant Secretary determines is necessary to enable the 
        Assistant Secretary to perform the duties of the Assistant 
        Secretary under the Program.
    (g) Deobligation or Termination of Grant.--In addition to other 
authority under applicable law, the Assistant Secretary may--
            (1) deobligate or terminate a grant awarded to an entity 
        under this section if, after notice to the entity and 
        opportunity for a hearing, the Assistant Secretary--
                    (A) presents to the entity a rationale and 
                supporting information that clearly demonstrates that--
                            (i) the grant funds are not being used in a 
                        manner that is consistent with the application 
                        with respect to the grant submitted by the 
                        entity under subsection (c); and
                            (ii) the entity is not upholding assurances 
                        made by the entity to the Assistant Secretary 
                        under subsection (f); and
                    (B) determines that the grant is no longer 
                necessary to achieve the original purpose for which 
                Assistant Secretary awarded the grant; and
            (2) with respect to any grant funds that the Assistant 
        Secretary deobligates or terminates under paragraph (1), 
        competitively award the grant funds to another applicant, 
        consistent with the requirements of this section.
    (h) Reporting and Information Requirements; Internet Disclosure.--
The Assistant Secretary--
            (1) shall--
                    (A) require any entity to which the Assistant 
                Secretary awards a grant under the Program to, for each 
                year during the period described in subsection 
                (d)(2)(D) with respect to the grant, submit to the 
                Assistant Secretary a report, in a format specified by 
                the Assistant Secretary, regarding--
                            (i) the amount of the grant;
                            (ii) the use by the entity of the grant 
                        amounts; and
                            (iii) the progress of the entity towards 
                        fulfilling the objectives for which the grant 
                        was awarded;
                    (B) establish mechanisms to ensure appropriate use 
                of, and compliance with respect to all terms regarding, 
                grant funds awarded under the Program;
                    (C) create and maintain a fully searchable 
                database, which shall be accessible on the internet at 
                no cost to the public, that contains, at a minimum--
                            (i) a list of each entity that has applied 
                        for a grant under the Program;
                            (ii) a description of each application 
                        described in clause (i), including the proposed 
                        purpose of each grant described in that clause;
                            (iii) the status of each application 
                        described in clause (i), including whether the 
                        Assistant Secretary has awarded a grant with 
                        respect to the application and, if so, the 
                        amount of the grant;
                            (iv) each report submitted by an entity 
                        under subparagraph (A); and
                            (v) any other information that is 
                        sufficient to allow the public to understand 
                        and monitor grants awarded under the Program; 
                        and
                    (D) ensure that any entity with respect to which an 
                award is deobligated or terminated under subsection (g) 
                may, in a timely manner, appeal or otherwise challenge 
                that deobligation or termination, as applicable; and
            (2) may establish additional reporting and information 
        requirements for any recipient of a grant under the Program.
    (i) Supplement Not Supplant.--A grant awarded to an entity under 
the Program shall supplement, not supplant, other Federal or State 
funds that have been made available to the entity to carry out 
activities described in this section.
    (j) Set Asides.--From amounts made available in a fiscal year to 
carry out the Program, the Assistant Secretary shall reserve--
            (1) 5 percent for the implementation and administration of 
        the Program, which shall include--
                    (A) providing technical support and assistance, 
                including ensuring consistency in data reporting;
                    (B) providing assistance to entities to prepare the 
                applications of those entities with respect to grants 
                awarded under this section;
                    (C) developing the report required under section 
                6(a); and
                    (D) conducting outreach to entities that may be 
                eligible to be awarded a grant under the Program 
                regarding opportunities to apply for such a grant;
            (2) 5 percent to award grants to, or enter into contracts 
        or cooperative agreements with, Indian tribes, Alaska Native 
        entities, and Native Hawaiian organizations to allow those 
        tribes, entities, and organizations to carry out the activities 
        described in this section; and
            (3) 1 percent to award grants to, or enter into contracts 
        or cooperative agreements with, the United States Virgin 
        Islands, Guam, American Samoa, the Commonwealth of the Northern 
        Mariana Islands, and any other territory or possession of the 
        United States that is not a State to enable those entities to 
        carry out the activities described in this section.
    (k) Rules.--The Assistant Secretary may prescribe such rules as may 
be necessary to carry out this section.
    (l) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $125,000,000 for each of the first 5 fiscal years in 
        which funds are made available to carry out this section; and
            (2) such sums as may be necessary for each fiscal year 
        after the end of the 5-fiscal year period described in 
        paragraph (1).

SEC. 6. POLICY RESEARCH, DATA COLLECTION, ANALYSIS AND MODELING, 
              EVALUATION, AND DISSEMINATION.

    (a) Reporting Requirements.--
            (1) In general.--Not later than 1 year after the date on 
        which the Assistant Secretary begins awarding grants under 
        section 4(d)(1), and annually thereafter, the Assistant 
        Secretary shall--
                    (A) submit to the appropriate committees of 
                Congress a report that documents, for the year covered 
                by the report--
                            (i) the findings of each evaluation 
                        conducted under subparagraph (B);
                            (ii) a list of each grant awarded under 
                        each covered program, which shall include--
                                    (I) the amount of each such grant;
                                    (II) the recipient of each such 
                                grant; and
                                    (III) the purpose for which each 
                                such grant was awarded;
                            (iii) any deobligation, termination, or 
                        modification of a grant awarded under the 
                        covered programs, which shall include a 
                        description of the subsequent usage of any 
                        funds to which such an action applies; and
                            (iv) each challenge made by an applicant 
                        for, or a recipient of, a grant under the 
                        covered programs and the outcome of each such 
                        challenge; and
                    (B) conduct evaluations of the activities carried 
                out under the covered programs, which shall include an 
                evaluation of--
                            (i) whether eligible States to which grants 
                        are awarded under the program established under 
                        section 4 are--
                                    (I) abiding by the assurances made 
                                by those States under subsection (e) of 
                                that section;
                                    (II) meeting, or have met, the 
                                stated goals of the Digital Equity 
                                Plans developed by the States under 
                                subsection (c) of that section;
                                    (III) satisfying the requirements 
                                imposed by the Assistant Secretary on 
                                those States under subsection (g) of 
                                that section; and
                                    (IV) in compliance with any other 
                                rules, requirements, or regulations 
                                promulgated by the Assistant Secretary 
                                in implementing that program; and
                            (ii) whether entities to which grants are 
                        awarded under the program established under 
                        section 5 are--
                                    (I) abiding by the assurances made 
                                by those entities under subsection (f) 
                                of that section;
                                    (II) meeting, or have met, the 
                                stated goals of those entities with 
                                respect to the use of the grant 
                                amounts;
                                    (III) satisfying the requirements 
                                imposed by the Assistant Secretary on 
                                those States under subsection (h) of 
                                that section; and
                                    (IV) in compliance with any other 
                                rules, requirements, or regulations 
                                promulgated by the Assistant Secretary 
                                in implementing that program.
            (2) Public availability.--The Assistant Secretary shall 
        make each report submitted under paragraph (1)(A) publicly 
        available in an online format that--
                    (A) facilitates access and ease of use;
                    (B) is searchable; and
                    (C) is accessible--
                            (i) to individuals with disabilities; and
                            (ii) in languages other than English.
    (b) Authority To Contract and Enter Into Other Arrangements.--The 
Assistant Secretary may award grants and enter into contracts, 
cooperative agreements, and other arrangements with Federal agencies, 
public and private organizations, and other entities with expertise 
that the Assistant Secretary determines appropriate in order to--
            (1) evaluate the impact and efficacy of activities 
        supported by grants awarded under the covered programs; and
            (2) develop, catalog, disseminate, and promote the exchange 
        of best practices, both with respect to and independent of the 
        covered programs, in order to achieve digital equity.
    (c) Consultation and Public Engagement.--In carrying out subsection 
(a), and to further the objectives described in paragraphs (1) and (2) 
of subsection (b), the Assistant Secretary shall conduct ongoing 
collaboration and consult with--
            (1) the Secretary of Agriculture;
            (2) the Secretary of Housing and Urban Development;
            (3) the Secretary of Education;
            (4) the Secretary of Labor;
            (5) the Secretary of Health and Human Services;
            (6) the Secretary of Veterans Affairs;
            (7) the Secretary of the Interior;
            (8) the Federal Communications Commission;
            (9) the Federal Trade Commission;
            (10) the Director of the Institute of Museum and Library 
        Services;
            (11) the Administrator of the Small Business 
        Administration;
            (12) the Federal Co-Chair of the Appalachian Regional 
        Commission;
            (13) State agencies and governors of States (or equivalent 
        officials);
            (14) entities serving as administering entities for States 
        under section 4(b);
            (15) national, State, tribal, and local organizations that 
        provide digital inclusion, digital equity, or digital literacy 
        services;
            (16) researchers, academics, and philanthropic 
        organizations; and
            (17) other agencies, organizations (including international 
        organizations), entities (including entities with expertise in 
        the fields of data collection, analysis and modeling, and 
        evaluation), and community stakeholders, as determined 
        appropriate by the Assistant Secretary.
    (d) Technical Support and Assistance.--The Assistant Secretary 
shall provide technical support and assistance, assistance to entities 
to prepare the applications of those entities with respect to grants 
awarded under the covered programs, and other resources, to the extent 
practicable, to ensure consistency in data reporting and to meet the 
objectives of this section.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section, 
which shall remain available until expended.

SEC. 7. GENERAL PROVISIONS.

    (a) Nondiscrimination.--
            (1) In general.--No individual in the United States may, on 
        the basis of actual or perceived race, color, religion, 
        national origin, sex, gender identity, sexual orientation, age, 
        or disability, be excluded from participation in, be denied the 
        benefits of, or be subjected to discrimination under any 
        program or activity that is funded in whole or in part with 
        funds made available under this Act.
            (2) Enforcement.--The Assistant Secretary shall effectuate 
        paragraph (1) with respect to any program or activity described 
        in that paragraph by issuing regulations and taking actions 
        consistent with section 602 of the Civil Rights Act of 1964 (42 
        U.S.C. 2000d-1).
            (3) Judicial review.--Judicial review of an action taken by 
        the Assistant Secretary under paragraph (2) shall be available 
        to the extent provided in section 603 of the Civil Rights Act 
        of 1964 (42 U.S.C. 2000d-2).
    (b) Technological Neutrality.--The Assistant Secretary shall, to 
the extent practicable, carry out this Act in a technologically neutral 
manner.
    (c) Audit and Oversight.--Beginning in the first fiscal year in 
which amounts are made available to carry out an activity authorized 
under this Act, and in each of the 4 fiscal years thereafter, there is 
authorized to be appropriated to the Office of Inspector General for 
the Department of Commerce $1,000,000 for audits and oversight of funds 
made available to carry out this Act, which shall remain available 
until expended.
                                 <all>