FIRST ON FOX: Sen. Ted Cruz, R-Texas, is urging the Biden administration to halt a $1.25 billion "Digital Equity" program, calling it unconstitutional for using race-based criteria to expand broadband access.
"I urge you to withdraw the unlawful [Notice of Funding Opportunity] NOFO and halt issuing Program grants before you cause real harm," Cruz wrote to Alan Davidson, the assistant secretary of the National Telecommunications and Information Administration (NTIA) Thursday morning. "NTIA’s use of racial classifications, as set forth in the NOFO, does not serve a compelling governmental interest."
The letter comes as Republicans push back against diversity, equity and inclusion initiatives as they gear up for the incoming Trump administration. Under the soon-to-be Department of Government Efficiency (DOGE), headed by Elon Musk and Vivek Ramaswamy, such programs like the Digital Equity Competitive Grant Program could be examined as government waste.
"Any source of government waste is in scope for DOGE," a Ramaswamy spokesperson told Fox News Digital.
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The letter criticizes NTIA's guidance for the Digital Equity Competitive Grant Program, as Cruz claims it violates the Fifth Amendment's Due Process Clause, lacking evidence of racial discrimination in internet access and failing to provide clear metrics for its race-based criteria.
The program was a key initiative under the Digital Equity Act, which was authorized by President Biden's Infrastructure Investment and Jobs Act of 2021. It is the third of three digital equity programs established by the act.
Cruz asserts that the program requires grant applicants to prioritize "Covered Populations," a category that explicitly includes racial and ethnic minorities in the program. He argued the approach includes impermissible racial discrimination, arguing that the federal government cannot use racial classifications without demonstrating a compelling interest and "narrowly tailored" measures.
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"The NOFO provides no evidence racial minorities face discrimination in accessing the internet, let alone specific instances of discrimination that NTIA is seeking to address," Cruz wrote. "And it does not attempt to make any claim that this discrimination is necessary to avoid a prison race riot."
Cruz added that "the NOFO does not define 'minority,' making it impossible to determine whether it is underinclusive, but in any event, it is overinclusive because it includes anyone who falls into some racial group, without any determination that that specific group has faced discrimination in access to broadband."
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Cruz, the ranking member of the Senate Commerce, Science & Transportation Committee, urged the NTIA to respond by Dec. 12, either by confirming the withdrawal of the guidance or by providing a detailed explanation of how it complies with constitutional requirements.
Fox News Digital has reached out to the NTIA for comment.
