Cruz Critiques Digital Equity Program Over Race-Based Criteria
FIRST ON FOX: Texas Senator Ted Cruz has taken a strong stand against the Biden administration’s .25 billion “Digital Equity” program, asserting that it is unconstitutional for employing race-based metrics in the expansion of broadband access.
Concerns Over Constitutional Violations
In a letter addressed to Alan Davidson, the Assistant Secretary of the National Telecommunications and Information Administration (NTIA), Cruz called for the immediate withdrawal of the Notice of Funding Opportunity (NOFO) associated with the initiative. He emphasized that the NTIA’s integration of racial classifications does not fulfill a legitimate governmental interest.
“I urge you to withdraw the unlawful [Notice of Funding Opportunity] NOFO and halt issuing Program grants before you cause real harm,” Cruz articulated in his letter. His argument centers around the assertion that such practices violate the Fifth Amendment’s Due Process Clause, lacking any substantial evidence of racial discrimination tied to internet access.
Republican Resistance to Diversity Initiatives
Cruz’s letter arrives at a time when Republicans are amplifying their opposition to diversity, equity, and inclusion initiatives, especially with the onset of a new administration under Donald Trump, which is poised to implement significant governmental changes. Under the projected Department of Government Efficiency (DOGE), anticipated to be led by high-profile figures like Elon Musk and Vivek Ramaswamy, funding mechanisms like the Digital Equity Competitive Grant Program may face scrutiny as potential government waste.
A spokesperson for Ramaswamy told Fox News Digital, stating, “Any source of government waste is in scope for DOGE.”
Specifics of the Digital Equity Program
The Digital Equity program was a cornerstone of President Biden’s Infrastructure Investment and Jobs Act of 2021, representing one of three digital equity initiatives established to ensure greater broadband access across various communities. Cruz’s communication raises serious concerns about the methodologies employed to determine grant eligibility, particularly the emphasis on “Covered Populations,” which includes racial and ethnic minorities.
According to Cruz, the federal government cannot employ racial classifications unless it can convincingly demonstrate both a compelling governmental interest and that the measures are “narrowly tailored.” He highlights what he perceives as the significant flaws in the program’s framework, particularly its reliance on racial constructs without demonstrable proof of discrimination.
Questioning the Evidence
Critiquing the lack of substantial evidence, Cruz stated, “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.” He further expressed concerns about the vague definition of “minority” included in the NOFO, contending that it complicates the ability to evaluate the program’s inclusiveness or exclusiveness toward those impacted.
Moreover, Cruz articulated that the existing structure does little to substantiate that specific racial groups have been historically marginalized in terms of internet accessibility and that the guidelines seem excessively broad, capturing a wide array of individuals without establishing the necessity of targeted interventions.
Awaiting Response from the NTIA
As the ranking member of the Senate Commerce, Science & Transportation Committee, Cruz has set a deadline for the NTIA to respond by December 12. He has urged the agency either to confirm the withdrawal of the funding opportunity guidance or to provide a comprehensive explanation of its alignment with constitutional standards.
In the wake of these developments, Fox News Digital has reached out for a comment from the NTIA regarding Cruz’s assertions and the future of the Digital Equity Competitive Grant Program.
