[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1957 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1957

   To establish digital services in State, county, local, and Tribal 
                  governments, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 28 (legislative day, May 27), 2021

   Mr. Wyden (for himself, Mrs. Murray, Mr. Bennet, and Mr. Padilla) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To establish digital services in State, county, local, and Tribal 
                  governments, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State and Local Digital Service Act 
of 2021''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``Administrator'' means the Administrator of 
        General Services;
            (2) the term ``digital service grant'' means a grant under 
        section 3(a);
            (3) the term ``digital service planning grant'' means a 
        grant under section 4(a);
            (4) the term ``digital service team'' means a team of 
        employees of an eligible applicant that--
                    (A) extends existing software development capacity 
                and provides digital consultancy services, focusing on 
                user-centered design and development practices through 
                the use of modern product development techniques, such 
                as--
                            (i) user research and design;
                            (ii) incremental and iterative outcome 
                        driven delivery practices; and
                            (iii) software development procurement 
                        practices that rely on small-dollar, short-
                        duration contracts; and
                    (B) enhances the delivery of services by the 
                eligible applicant through partnerships or embedding 
                the employees within other agencies of the eligible 
                applicant;
            (5) the term ``eligible applicant'' means a State, Indian 
        Tribe, or unit of local government;
            (6) the term ``Indian Tribe'' has the meaning given the 
        term ``Indian tribe'' in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304(e));
            (7) the term ``State'' has the meaning given that term in 
        section 901 of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (34 U.S.C. 10251);
            (8) the term ``underserved or disadvantaged community'' 
        means--
                    (A) a low-income community;
                    (B) a community of color;
                    (C) a Tribal community;
                    (D) a rural community;
                    (E) aging individuals;
                    (F) veterans;
                    (G) individuals with disabilities;
                    (H) individuals with a language barrier, including 
                individuals who--
                            (i) are English learners; or
                            (ii) have low levels of literacy; or
                    (I) any other community that the Administrator 
                determines is disproportionately vulnerable to, or 
                bears a disproportionate burden of, any combination of 
                economic, social, environmental, or climate stressors; 
                and
            (9) the term ``unit of local government'' means a city, 
        county, township, town, borough, parish, village, or other 
        general purpose political subdivision of a State.

SEC. 3. DIGITAL SERVICE GRANTS.

    (a) In General.--The Administrator, in consultation with the 
Administrator of the United States Digital Service, shall establish a 
Digital Service Grant Program, under which the Administrator shall make 
grants to eligible applicants in accordance with the requirements of 
this section for the purpose of establishing or supporting a digital 
service team.
    (b) Application.--An eligible applicant desiring a digital service 
grant shall submit an application at such time, in such manner, and 
containing such information as the Administrator may specify.
    (c) Initial Grant Preference.--Among eligible applicants that have 
not previously received a digital service grant, the Administrator 
shall give preference to an eligible applicant if--
            (1) the chief executive officer of the eligible applicant 
        has publicly demonstrated a commitment to modernizing 
        government technology and service delivery;
            (2) the eligible applicant has officially designated an 
        officer of the eligible applicant to have responsibility for 
        functions relating to the digital services of the eligible 
        applicant, such as a Chief Technology Officer, Chief Innovation 
        Officer, or Chief Digital Services Officer, and such functions 
        are recognized as distinct from management and operations of 
        traditional information technology;
            (3) the eligible applicant demonstrates a rigorous 
        commitment to human-centered delivery of government services in 
        such manner as the Administrator determines appropriate;
            (4) the eligible applicant articulates clearly a specific 
        benefits program of the Federal Government with respect to 
        which the eligible applicant, in collaboration with the 
        relevant Federal agency, intends to modernize the digital 
        delivery of government services by the eligible applicant; or
            (5) the eligible applicant articulates clearly how the 
        eligible applicant will use amounts received under the grant to 
        improve the digital delivery of government services to 
        underserved or disadvantaged communities.
    (d) Continuing Grants.--The Administrator may make not more than 2 
additional digital service grants to an eligible applicant that has 
previously received a digital service grant if the eligible applicant--
            (1) has a demonstrated record of successful digital 
        delivery of government services, including through the use of 
        the most recent prior digital service grant; and
            (2) articulates clearly the government service delivery 
        projects the eligible applicant would carry out with the grant.
    (e) Grant Period.--The Administrator shall award digital service 
grants for a period of not more than 3 years.
    (f) Continuity of Funding.--To the maximum extent practicable, the 
Administrator shall award digital service grants described in 
subsection (d) in a manner that ensures that there is not a break in 
funding--
            (1) between the initial digital service grant described in 
        subsection (c) and the first grant described in subsection (d); 
        or
            (2) between the first grant described in subsection (d) and 
        the second grant described in subsection (d).
    (g) Grant Amount.--The annual amount of a digital service grant 
shall be equal to the lesser of--
            (1) in dollars, the amount equal to the sum of--
                    (A) the population served by the eligible 
                applicant; and
                    (B) 200,000; or
            (2) $3,000,000.
    (h) Use of Funds.--
            (1) In general.--Not less than 50 percent of the amount 
        received under a digital service grant shall be used for salary 
        and benefits of the members of the digital service team.
            (2) Accessibility.--An eligible applicant that receives a 
        digital service grant shall make public services improved by a 
        digital service team of the eligible applicant available in an 
        accessible format, compliant with the most recent Web Content 
        Accessibility Guidelines of the Web Accessibility Initiative, 
        or successor guidelines.
    (i) Matching Requirement.--
            (1) In general.--Except as provided in paragraph (2), the 
        Federal share of an activity carried out using a digital 
        service grant shall be not more than 90 percent.
            (2) Waiver.--Upon application by an eligible applicant, the 
        Administrator may waive the requirement under paragraph (1) if 
        the Administrator determines that the eligible applicant 
        demonstrates financial need.
    (j) Procurement Best Practices.--The digital service team of an 
eligible applicant that receives a grant under this section shall work 
with the United States Digital Service and the 18F office within the 
General Services Administration to establish procurement best practices 
based on Federal best practices, such as the 18F office's budgeting 
handbook, and the individual needs of the eligible applicant.
    (k) Supplement Not Supplant.--A digital service grant to an 
eligible applicant shall supplement, not supplant, other Federal, 
State, local, or Tribal funds that are available to the eligible 
applicant to carry out activities described in this section.
    (l) Set Asides.--
            (1) In general.--From amounts made available in a fiscal 
        year to carry out the Digital Service Grant Program under this 
        section, the Administrator shall reserve 5 percent for the 
        implementation and administration of the grant program, which 
        shall include--
                    (A) providing technical support and assistance;
                    (B) providing assistance to eligible applicants to 
                prepare applications for digital service grants;
                    (C) assisting eligible applicants in preparing and 
                submitting the reports required under section 5(a);
                    (D) collecting demographic data about grant 
                applicants, grant recipients, and populations served; 
                and
                    (E) conducting outreach to eligible applicants 
                regarding opportunities to apply for digital service 
                grants.
            (2) Indian tribes.--From amounts made available in a fiscal 
        year to carry out the Digital Service Grant Program under this 
        section, the Administrator shall use not less than $10,000,000 
        for grants to eligible applicants that are Indian Tribes.

SEC. 4. DIGITAL SERVICE PLANNING GRANTS.

    (a) In General.--The Administrator, in consultation with the 
Administrator of the United States Digital Service, shall establish a 
Digital Service Planning Grant Program under which the Administrator 
shall make grants to eligible applicants in accordance with the 
requirements of this section for the purpose of creating a plan to 
establish a digital service team.
    (b) Application.--An eligible applicant desiring a digital service 
planning grant shall submit an application at such time, in such 
manner, and containing such information as the Administrator may 
specify.
    (c) Grant Period.--The Administrator shall award digital service 
planning grants for a period of 1 year.
    (d) Grant Amount.--The amount of a digital service grant shall be 
not less than $50,000 and not more than $200,000.
    (e) Matching Requirement.--
            (1) In general.--Except as provided in paragraph (2), the 
        Federal share of an activity carried out using a digital 
        service planning grant shall be not more than 90 percent.
            (2) Waiver.--Upon application by an eligible applicant, the 
        Administrator may waive the requirement under paragraph (1) if 
        the Administrator determines that the eligible applicant 
        demonstrates financial need.
    (f) Supplement Not Supplant.--A digital service planning grant to 
an eligible applicant shall supplement, not supplant, other Federal, 
State, local, or Tribal funds that are available to the eligible 
applicant to create a plan to establish a digital service team.
    (g) Set Asides.--From amounts made available in a fiscal year to 
carry out the Digital Service Planning Grant Program under this 
section, the Administrator shall reserve 5 percent for the 
implementation and administration of the grant program, which shall 
include--
            (1) providing technical support and assistance;
            (2) providing assistance to eligible applicants to prepare 
        applications for digital service planning grants;
            (3) assisting eligible applicants in preparing and 
        submitting the reports required under section 5(a); and
            (4) conducting outreach to eligible applicants regarding 
        opportunities to apply for digital service planning grants.

SEC. 5. REPORTING AND EVALUATION.

    (a) Recipients.--
            (1) Digital service grant report.--Not later than the end 
        of the period of a digital service grant, the recipient of the 
        digital service grant shall submit to the Administrator and 
        make publicly available on the website of the recipient a brief 
        report describing--
                    (A) the skills and areas of expertise of the 
                members of the digital service team established or 
                supported using amounts made available under the grant;
                    (B) projects undertaken using amounts made 
                available under the grant, including a discussion of 
                the impact of those projects;
                    (C) lessons learned from implementing the projects 
                described in subparagraph (B);
                    (D) human-centered measurements of how well the 
                projects described in subparagraph (B) help the people 
                they serve;
                    (E) the information technology and delivery 
                projects the recipient intends to implement next; and
                    (F) any other information determined appropriate by 
                the Administrator.
            (2) Digital service planning grant report.--Not later than 
        the end of the period of a digital service planning grant, the 
        recipient of the digital service planning grant shall submit to 
        the Administrator and make publicly available on the website of 
        the recipient a brief report describing--
                    (A) a summary of the plan developed using amounts 
                under the digital service planning grant;
                    (B) proposed projects for a future digital service 
                team;
                    (C) proposed human-centered measurements of how 
                well the projects described in subparagraph (B) would 
                help the people they serve; and
                    (D) any other information determined appropriate by 
                the Administrator.
            (3) Technical assistance.--The Administrator shall provide 
        technical support and assistance to eligible entities receiving 
        a digital service grant to complete the reporting and 
        evaluation required under paragraph (1), to the extent 
        practical, to ensure consistency in data reporting and to meet 
        the objectives of this Act.
    (b) Reports to Congress and Public.--Not later than 1 year after 
the date on which the Administrator begins awarding digital service 
grants, and every 2 years thereafter, the Administrator, in 
consultation with the Administrator of the United States Digital 
Service, shall submit to Congress and make publicly available on the 
websites of the General Services Administration and the United States 
Digital Service a report that summarizes--
            (1) the digital service grants and digital service planning 
        grants applied for and made; and
            (2) the uses and impacts of digital service grants, based 
        on the reports received under subsection (a).
    (c) Authority To Contract and Enter Into Other Agreements.--The 
Administrator may award grants and enter into contracts, cooperative 
agreements, and other arrangements with Federal agencies, public and 
private organizations, and other entities with expertise that the 
Administrator determines appropriate in order to--
            (1) evaluate the impact and efficacy of activities 
        supported by digital service grants and digital service 
        planning grants; and
            (2) develop, catalog, disseminate, and promote the exchange 
        of best practices, both with respect to and independent of the 
        Digital Service Grant Program and the Digital Service Planning 
        Grant Program, in the creation and success of digital service 
        teams.
    (d) Consultation and Public Engagement.--In carrying out subsection 
(b), and to further the objectives described in paragraphs (1) and (2) 
of subsection (c), the Administrator shall conduct ongoing 
collaboration and consult with--
            (1) the Administrator of the United States Digital Service;
            (2) State agencies and governors of States (or equivalent 
        officials);
            (3) national, State, Tribal, and local organizations that 
        have digital service teams;
            (4) researchers, academics, and philanthropic 
        organizations; and
            (5) other agencies, organizations, entities, and community 
        stakeholders as determined appropriate by the Administrator.

SEC. 6. STATE USE OF FEDERAL RESOURCES.

    (a) Issuance of Guidance.--Not later than 120 days after the date 
of enactment of this Act, the Administrator shall issue guidance to 
streamline the procurement of Federal services and technology by 
States, units of local government, and Indian Tribes.
    (b) Consultation and Comments.--In formulating the guidance issued 
under subsection (a), the Administrator shall--
            (1) consult with the United States Digital Service, the 
        Technology Transformation Services, and digital service teams 
        of States, units of local government, and governments of Indian 
        Tribes; and
            (2) solicit public comments.
    (c) Considerations.--In formulating the guidance issued under 
subsection (a), the Administrator shall consider--
            (1) removing restrictions of the Technology Transformation 
        Services on funding sources and signatory requirements;
            (2) creating a process for cloud service authorizations for 
        States, units of local government, and Indian Tribes;
            (3) streamlining the ability of States, units of local 
        government, and Indian Tribes to purchase products offered by 
        the Federal Government; and
            (4) any other relevant suggestions received as part of the 
        consultation and comments under subsection (b).

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Grants.--
            (1) Digital service grants.--There are authorized to be 
        appropriated to the Administrator to carry out section 3 
        $100,000,000 for each of fiscal years 2022 through 2028.
            (2) Digital service planning grants.--There are authorized 
        to be appropriated to the Administrator to carry out section 4 
        $20,000,000 for each of fiscal years 2022 through 2028.
    (b) Amounts for Audit and Oversight.--There are authorized to be 
appropriated to the Inspector General of the General Services 
Administration $1,000,000 for the first fiscal year during which 
digital service grants are awarded, and each of the 7 fiscal years 
thereafter, for audits and oversight of funds made available to carry 
out this Act.
    (c) Availability.--Amounts made available pursuant to subsections 
(a) and (b) shall remain available until expended.
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