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August 12, 2021

The Digital Equity Act of 2021
Introduction
The Digital Equity Act is included in the Senate-passed
version of the Infrastructure Investment and Jobs Act (H.R.
3684). Submitted as an amendment in the nature of a
substitute (S.Amdt. 2137) on August 1, 2021, by Senator
Charles Schumer for Senator Kyrsten Sinema, it passed by
the Senate August 10, 2021. The final language of the act
was not available at the time of publication.
The Digital Equity Act states that access to a broadband
connection and digital literacy have become increasingly
necessary for individuals to participate in society, the
economy, and civic institutions; access health care and
essential services; obtain education; and build careers. The
act cites high societal and economic costs of digital
exclusion, which decreases an individual's opportunity for
economic success, educational achievement, positive health
outcomes, social inclusion, and civic engagement.
Additionally, among other observations, the act asserts that
digital exclusion exacerbates wealth and income gaps, and
that reducing digital exclusion will require additional,
ongoing investment and research efforts.
The Digital Equity Act would establish two grant programs:
the State Digital Equity Capacity Grant Program and the
State Digital Equity Competitive Grant Program. Both
programs would be administered by the Assistant Secretary
of Commerce for Communications and Information, who
also serves as Administrator of the National
Telecommunications and Information Administration
(NTIA). In developing these programs, the Assistant
Secretary would be required to consult with the Secretaries
of Agriculture, Housing and Urban Development,
Education, Labor, Health and Human Services, Veterans
Affairs, and the Interior; the Federal Communications
Commission (FCC); the Federal Trade Commission; the
Director of the Institute of Museum and Library Services;
the Administrator of the Small Business Administration; the
federal co-chair of the Appalachian Regional Commission;
and the head of any other agency that the Assistant
Secretary determines to be appropriate.
The act would require the Assistant Secretary to provide
annual reports to Congress on the status of each program.
States could appeal or challenge the amount of the grants
they are awarded under both programs. Additionally, both
programs are intended to supplement, not supplant, other
federal or state funds intended to promote digital equity.
Grant and subgrant recipients for both programs would be
required to report on their activities and use of funds each
year to the Assistant Secretary.

Defined Terms in the Act
Digital equity means the condition in which individuals
and communities have the information technology capacity
that is needed for full participation in the society and
economy of the United States.
Digital inclusion means the activities that are necessary to
ensure that all individuals in the United States have access
to, and the use of, affordable information and
communication technologies, such as reliable fixed and
wireless broadband internet service; internet-enabled
devices that meet the needs of the user; and applications
and online content designed to enable and encourage self-
sufficiency, participation, and collaboration. Further, it
includes obtaining access to digital literacy training; the
provision of quality technical support; and obtaining basic
awareness of measures to ensure online privacy and
cybersecurity.
Digital literacy means the skills associated with using
technology to enable users to find, evaluate, organize,
create, and communicate information.
A community anchor institution means a public school,
a public or multi-family housing authority, a library, a
medical or healthcare provider, a community college or
other institution of higher education, a state library agency,
and any other non-profit or governmental community
support organization.
The term covered populations means individuals who
live in covered households; aging individuals; incarcerated
individuals, other than individuals who are incarcerated in a
Federal correctional facility; veterans; individuals with
disabilities; individuals with a language barrier (i.e., those
who are English learners and have low levels of literacy), as
well as individuals who are members of a racial or ethnic
minority group; and individuals who primarily reside in a
rural area.
A covered household means a household, the income of
which for the most recently completed year is not more than
150% of an amount equal to the poverty level, as
determined by using criteria of poverty established by the
Bureau of the Census.
State Digital Equity Capacity Grant
Program
The intent of the State Digital Equity Capacity Grant
Program is to ensure that states have the capacity to
promote the achievement of digital equity and support
digital inclusion activities. This program would have two
phases. Phase one would consist of the development of a

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