Senator Ted Cruz from Texas is calling on the Biden administration to stop a $1.25 billion program aimed at increasing broadband access, arguing that it is unconstitutional. Cruz points out that the program in question bases its funding on race, which he believes does not align with the government’s interests.
In a letter to Alan Davidson, who oversees the National Telecommunications and Information Administration (NTIA), Cruz urged the administration to withdraw its recent funding opportunity notice. He emphasized that using racial classifications, as the program does, lacks a compelling governmental interest and could lead to unfair outcomes.
This demand comes as a growing number of Republicans are criticizing diversity, equity, and inclusion initiatives. As the Trump administration prepares to take office, there is speculation that the new Department of Government Efficiency, to be led by Elon Musk and Vivek Ramaswamy, will thoroughly evaluate programs seen as potential government waste, including the Digital Equity Competitive Grant Program.
Cruz insists that the NTIA’s guidance for this broadband program violates the Fifth Amendment’s Due Process Clause. He claims there is no substantial evidence showing that racial minorities face discrimination in internet access. Moreover, he argues that the program requires applicants to prioritize certain populations based on race, which constitutes inappropriate racial discrimination.
The Digital Equity Act, which is part of President Biden’s Infrastructure Investment and Jobs Act from 2021, established this funding initiative. Cruz expressed concern that the program does not sufficiently define what constitutes a “minority,” making it unclear who qualifies for assistance and whether those individuals have truly faced discrimination in broadband access.
Cruz, who serves as the ranking member of the Senate Commerce, Science & Transportation Committee, has asked for a response by December 12. He expects the NTIA to either confirm the withdrawal of its guidance or provide a clear explanation of how the program aligns with constitutional principles.
