Austin News

Senator Ted Cruz, the Ranking Member of the U.S. Senate Commerce Committee, has called on the Biden-Harris administration to retract guidance for the National Telecommunications and Information Administration’s (NTIA) 'Digital Equity Competitive Grant Program.' Cruz claims that the program's guidance unlawfully discriminates based on race, which he argues is a violation of the Fifth Amendment to the U.S. Constitution.

The 'Digital Equity' program instructs NTIA to consider race when issuing grant awards. Cruz asserts in his letter that this violates constitutional protections against racial discrimination, as it lacks evidence of racial minorities facing discrimination in internet access. He writes: “The National Telecommunications and Information Administration (NTIA) is expected to soon begin distributing $1.25 billion in grants to nonprofits under the ‘Digital Equity Competitive Grant Program’ (Program) ‘to support efforts to achieve digital equity, promote digital inclusion activities, and spur greater adoption of broadband among covered populations.’”

Cruz criticizes the Notice of Funding Opportunity (NOFO) for its race-based guidance, arguing it does not align with constitutional requirements for narrowly tailored programs serving compelling government interests. He states: “...Assistant Secretary will consider, to the extent practicable, whether the proposed program will increase Internet access and the adoption of broadband among Covered Populations.” He continues by highlighting that NTIA's approach could result in unconstitutional actions.

The senator underscores previous court rulings against similar race-based programs during what he describes as "the Biden-Harris administration’s woke spending spree." In cases such as Ultima Servs. Corp. v. U.S. Department of Agriculture and Vitolo v. Guzman, courts found certain government programs violated constitutional principles by prioritizing applicants based on race without sufficient justification.

Cruz concludes his letter urging NTIA to “strike this unlawful Guidance now.” His call reflects ongoing challenges he has made against funding practices he views as unconstitutional across various federal agencies under the current administration.

Background information indicates that Senator Cruz has consistently opposed what he considers unlawful funding guidance related to technology and communications policy during President Biden's tenure.