[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).
______