[Congressional Record Volume 167, Number 142 (Saturday, August 7, 2021)]
[Senate]
[Pages S6020-S6025]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2646. Mr. INHOFE (for himself and Mr. Lankford) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        Beginning on page 2095, strike line 18 and all that 
     follows through line 2 on page 2150 and insert the following:
       (15) 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)).
       (16) 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.
       (17) 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)).
       (18) 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)).
       (19) 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)).
       (20) State.--The term ``State'' means--
       (A) any State of the United States;
       (B) the District of Columbia; and
       (C) the Commonwealth of Puerto Rico.
       (21) Veteran.--The term ``veteran'' has the meaning given 
     the term in section 101 of title 38, United States Code.
       (22) Workforce development program.--The term ``workforce 
     development program'' has the meaning given the term in 
     section 3(66) of the Workforce Innovation and Opportunity Act 
     (29 U.S.C. 3102(66)).

     SEC. 60303. 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. 60304. 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) providing services 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

[[Page S6021]]

     education and literacy activities in the State.
       (G) A public or multi-family 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 60302(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 
     members of covered populations in proportion to the total 
     number of individuals in all eligible States who are members 
     of 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--

[[Page S6022]]

       (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 NTIA Internet Use Survey, which is administered as 
     the Computer and Internet 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 60305(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 60305(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 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

[[Page S6023]]

     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 60306(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 the award of grants under subsection (d)--
       (A) $240,000,000 for fiscal year 2022; and
       (B) $300,000,000 for each of fiscal years 2023 through 
     2026; 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. 60305. 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 60304(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 60302(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 60304(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, or for providing public housing, 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 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;
       (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 
     title--

       (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).

[[Page S6024]]

       (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 60306(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) $250,000,000 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. 60306. 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 60304(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 60304 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 60305 are--

[[Page S6025]]

       (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 60304(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. 60307. 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, 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 to carry 
     out this title.
       (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).
                                 ______