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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4865 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
                                S. 4865

To establish the Foundation for Digital Equity, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 15, 2022

  Mr. Lujan (for himself, Mr. Merkley, Mr. Heinrich, Mr. Markey, Mr. 
Blumenthal, and Ms. Klobuchar) introduced the following bill; which was 
  read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL

 
To establish the Foundation for Digital Equity, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Digital Equity Foundation Act of 
2022''.

SEC. 2. FOUNDATION FOR DIGITAL EQUITY.

    (a) Definitions.--In this section:
            (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (2) Board.--The term ``Board'' means the Board of Directors 
        described in subsection (d)(1).
            (3) Business incubator.--The term ``business incubator'' 
        has the meaning given the term in section 3 of the Native 
        American Business Incubators Program Act (25 U.S.C. 5802).
            (4) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (5) Committee.--The term ``Committee'' means the Committee 
        for the Establishment of the Foundation for Digital Equity 
        established under subsection (b).
            (6) Community anchor institution; covered household; 
        covered populations.--The terms ``community anchor 
        institution'', ``covered household'', and ``covered 
        populations'' have the meanings given those terms in section 
        60302 of the Digital Equity Act of 2021 (47 U.S.C. 1721).
            (7) Department.--The term ``Department'' means the 
        Department of Commerce.
            (8) Digital equity.--The term ``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.
            (9) Digital inclusion.--The term ``digital inclusion''--
                    (A) 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--
                            (i) reliable fixed and wireless broadband;
                            (ii) internet-enabled devices that meet the 
                        needs of the user for telehealth, remote work, 
                        remote schooling, or other purposes; and
                            (iii) applications and online content 
                        designed to enable and encourage self-
                        sufficiency, participation, and collaboration; 
                        and
                    (B) includes--
                            (i) obtaining access to digital literacy 
                        training;
                            (ii) the provision of quality technical 
                        support; and
                            (iii) obtaining basic awareness of measures 
                        to ensure online privacy and cybersecurity.
            (10) Digital literacy.--The term ``digital literacy'' means 
        the skills associated with using technology to enable users to 
        find, evaluate, organize, create, and communicate information.
            (11) Executive director.--The term ``Executive Director'' 
        means the Executive Director of the Foundation described in 
        subsection (f)(1).
            (12) Foundation.--The term ``Foundation'' means the 
        Foundation for Digital Equity established under subsection (c).
            (13) Institution of higher education.--The term 
        ``institution of higher education'' means--
                    (A) an institution of higher education, as that 
                term is defined in section 101 of the Higher Education 
                Act of 1965 (20 U.S.C. 1001); or
                    (B) a postsecondary vocational institution, as that 
                term is defined in section 102(c) of the Higher 
                Education Act of 1965 (20 U.S.C. 1002(c)).
            (14) Minority-serving institution.--The term ``Minority-
        serving institution'' means an institution described in any of 
        paragraphs (1) through (7) of section 371(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(a)).
            (15) NTIA.--The term ``NTIA'' means the National 
        Telecommunications and Information Administration.
            (16) Older individual.--The term ``older individual'' has 
        the meaning given the term in section 101 of the Older 
        Americans Act of 1965 (42 U.S.C. 3001).
            (17) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (18) Small business investment company.--The term ``small 
        business investment company'' has the meaning given the term in 
        section 103 of the Small Business Investment Act of 1958 (15 
        U.S.C. 662).
            (19) Startup.--The term ``startup'' has the meaning given 
        the term ``start-up business'' in section 362(f)(5)(C) of the 
        Energy Policy and Conservation Act (42 U.S.C. 6322(f)(5)(C)).
            (20) Tribal broadband connectivity program.--The term 
        ``Tribal Broadband Connectivity Program'' means the program 
        established pursuant to section 905(c) of division N of the 
        Consolidated Appropriations Act, 2021 (47 U.S.C. 1305 note).
    (b) Committee for the Establishment of the Foundation for Digital 
Equity.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall establish the 
        Committee for the Establishment of the Foundation for Digital 
        Equity.
            (2) Members.--The Committee shall be composed of 5 
        members--
                    (A) who shall be appointed by the officials 
                described in subsection (d)(2)(B)(i);
                    (B) each of whom shall be a voting member of the 
                Committee;
                    (C) not fewer than 3 of whom shall have broad and 
                general experience in matters relating to digital 
                equity, digital inclusion, or digital literacy; and
                    (D) not less than 1 of whom shall have broad and 
                general experience in working with private nonprofit 
                organizations.
            (3) Functions.--The functions of the Committee are as 
        follows:
                    (A) To carry out such activities as may be 
                necessary to incorporate the Foundation under the laws 
                of a State, including by--
                            (i) serving as the incorporators for the 
                        Foundation; and
                            (ii) ensuring that the articles of 
                        incorporation for the Foundation require that 
                        the Foundation is operated in accordance with 
                        the requirements of this section.
                    (B) To ensure that the Foundation qualifies for and 
                (during the period in which the Committee is in 
                existence) maintains the status described in subsection 
                (c)(4).
                    (C) To provide for the initial operation of the 
                Foundation, including by ensuring that the Foundation 
                has adequate facilities, equipment, and staff.
                    (D) To appoint initial voting members of the Board 
                who satisfy the requirements under subsection (d)(2)(C) 
                and have such other qualifications as the Committee 
                determines appropriate with respect to those members.
            (4) Chair.--The Committee shall, from among the members of 
        the Committee, designate a member of the Committee to serve as 
        Chair of the Committee.
            (5) Term.--
                    (A) In general.--Each member of the Committee shall 
                serve for the duration of the Committee.
                    (B) Vacancies.--
                            (i) No effect on authority.--A vacancy in 
                        the membership of the Committee shall not 
                        affect the authority of the Committee to carry 
                        out the functions of the Committee.
                            (ii) Replacement.--If a member of the 
                        Committee does not serve for the duration of 
                        the Committee, the individual appointed to fill 
                        that vacancy shall be appointed by the ex 
                        officio members of the Board for the remainder 
                        of the applicable term.
            (6) Compensation.--A member of the Committee--
                    (A) shall not receive compensation for service on 
                the Committee; and
                    (B) may be reimbursed for travel, subsistence, and 
                other necessary expenses incurred in carrying out the 
                functions of the Committee.
            (7) Termination.--The Committee shall--
                    (A) complete the functions of the committee 
                described in paragraph (3) not later than 180 days 
                after the date on which the Secretary establishes the 
                Committee under paragraph (1); and
                    (B) terminate on the date that is 30 days after the 
                date on which the Secretary determines that the 
                Committee has completed the functions described in 
                paragraph (3).
    (c) Establishment.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall establish a 
        nonprofit corporation to be known as the ``Foundation for 
        Digital Equity''.
            (2) Mission.--The mission of the Foundation shall be--
                    (A) to supplement, but not supplant, the work of 
                the NTIA and the Commission in promoting the benefits 
                of technological development in the United States, and 
                of high-capacity, affordable broadband connectivity in 
                particular, for all users of telecommunications and 
                information facilities;
                    (B) to raise, leverage, or match funding from other 
                entities, including philanthropic organizations, the 
                private sector, and State and local governments, to 
                promote digital literacy, digital inclusion, and 
                digital equity for communities with low rates of 
                adoption of broadband;
                    (C) to develop programs and partnerships to--
                            (i) spur greater rates of adoption of 
                        broadband among covered populations;
                            (ii) collaborate with State, local, and 
                        Tribal governments, Minority-serving 
                        institutions, other anchor institutions, and 
                        stakeholders in the communications, education, 
                        business, and technology fields;
                            (iii) publicize and incentivize the 
                        adoption of evidence-based programs;
                            (iv) convene organizations and partnerships 
                        with related goals and interests to establish 
                        problem-solving processes;
                            (v) strengthen and share best practices 
                        relating to--
                                    (I) projects promoting digital 
                                inclusion, digital literacy, and 
                                digital equity; and
                                    (II) regional economic development;
                            (vi) support job creation and workforce 
                        development; and
                            (vii) support the goals of the Tribal 
                        Broadband Connectivity Program; and
                    (D) to promote equitable access to, and the 
                adoption of, broadband technologies and digital 
                applications that support accessibility, telehealth, 
                distance learning, and online access to governmental 
                benefits and services, including by preventing, 
                detecting, and remedying digital discrimination.
            (3) Limitation.--The Foundation shall not be an agency or 
        instrumentality of the Federal Government or any State or local 
        government.
            (4) Tax-exempt status.--The Board shall take all necessary 
        and appropriate steps to ensure that the Foundation is an 
        organization that is described in section 501(c) of the 
        Internal Revenue Code of 1986 and exempt from taxation under 
        section 501(a) of that Code.
    (d) Board of Directors.--
            (1) Establishment.--The Foundation shall be governed by a 
        Board of Directors.
            (2) Composition.--
                    (A) In general.--The Board shall be composed of the 
                ex officio members described in subparagraph (B) and 
                the appointed voting members described in subparagraph 
                (C).
                    (B) Ex officio members.--
                            (i) Members.--The ex officio members of the 
                        Board shall be the following individuals (or 
                        designees of those individuals):
                                    (I) The Secretary.
                                    (II) The Assistant Secretary.
                                    (III) The Chairman of the 
                                Commission.
                                    (IV) The Secretary of the Treasury.
                                    (V) The Under Secretary of 
                                Agriculture for Rural Development.
                            (ii) Nonvoting members.--The ex officio 
                        members of the Board shall be nonvoting members 
                        of the Board.
                    (C) Appointed members.--
                            (i) Representation.--The appointed members 
                        of the Board shall reflect a broad cross-
                        section of stakeholders from academia, 
                        industry, nonprofit and civil rights 
                        organizations, community-based practitioners of 
                        efforts to promote digital inclusion, State or 
                        local governments, local school districts and 
                        libraries, other community anchor institutions, 
                        and the philanthropic community.
                            (ii) Experience.--Each appointed member of 
                        the Board shall--
                                    (I)(aa) have experience promoting 
                                digital equity, digital inclusion, and 
                                digital literacy;
                                    (bb) have experience in the 
                                technology sector;
                                    (cc) have experience in the 
                                telecommunications and broadband 
                                sector;
                                    (dd) have direct experience working 
                                with covered populations; or
                                    (ee) have research experience in 
                                foundation operations; and
                                    (II) to the extent practicable, 
                                represent diverse regions, sectors, and 
                                the communities corresponding to the 
                                covered populations that are the focus 
                                of the activities of the Foundation.
            (3) Chair and vice chair.--
                    (A) In general.--The Board shall designate, from 
                among the appointed members of the Board--
                            (i) an individual to serve as Chair of the 
                        Board; and
                            (ii) an individual to serve as Vice Chair 
                        of the Board.
                    (B) Terms.--The term of service of the Chair and 
                Vice Chair of the Board shall end on the earlier of--
                            (i) the date that is 3 years after the date 
                        on which the Chair or Vice Chair of the Board, 
                        as applicable, is designated for the position; 
                        and
                            (ii) the last day of the term of service of 
                        the member, as determined under paragraph 
                        (4)(A), who is designated to be Chair or Vice 
                        Chair of the Board, as applicable.
                    (C) Representation.--The Chair and Vice Chair of 
                the Board--
                            (i) shall not be representatives of the 
                        same area of subject matter expertise, or 
                        entity, as applicable, under paragraph 
                        (2)(C)(ii); and
                            (ii) shall not be representatives of any 
                        area of subject matter expertise, or entity, as 
                        applicable, represented by the immediately 
                        preceding Chair and Vice Chair of the Board.
            (4) Terms and vacancies.--
                    (A) Terms.--
                            (i) In general.--The term of service of 
                        each appointed member of the Board shall be not 
                        more than 5 years.
                            (ii) Initial appointed members.--Of the 
                        initial members of the Board appointed under 
                        subsection (b)(3)(D), \1/2\ of the members 
                        shall serve for 4 years and \1/2\ of the 
                        members shall serve for 5 years, as determined 
                        by the Chair of the Board.
                    (B) Vacancies.--Any vacancy in the membership of 
                the appointed members of the Board--
                            (i) shall be filled by a majority vote of 
                        the appointed members of the Board in 
                        accordance with the bylaws of the Foundation;
                            (ii) shall not affect the power of the 
                        remaining appointed members to execute the 
                        duties of the Board; and
                            (iii) shall be filled by an individual 
                        selected by the Board.
            (5) Meetings; quorum.--
                    (A) Initial meeting.--Not later than 60 days after 
                the date on which all of the members of the Board have 
                been appointed, the Secretary shall convene a meeting 
                of the ex officio and appointed members of the Board to 
                establish the bylaws of the Foundation in accordance 
                with paragraph (7).
                    (B) Quorum.--A majority of the appointed members of 
                the Board shall constitute a quorum for purposes of 
                conducting the business of the Board.
            (6) Duties.--The Board shall--
                    (A) provide overall direction for the activities of 
                the Foundation and establish priority activities;
                    (B) provide guidance to the Executive Director such 
                that the Executive Director may carry out any other 
                necessary activities of the Foundation;
                    (C) evaluate the performance of the Executive 
                Director; and
                    (D) actively solicit and accept funds, gifts, 
                grants, devises, or bequests of real or personal 
                property to the Foundation, including from private 
                entities.
            (7) Bylaws.--
                    (A) In general.--The bylaws established under 
                paragraph (5)(A) may include--
                            (i) policies for the selection of Board 
                        members and officers, employees, agents, and 
                        contractors of the Foundation;
                            (ii) policies, including ethical standards, 
                        for--
                                    (I) the acceptance, solicitation, 
                                and disposition of donations and grants 
                                to the Foundation, including 
                                appropriate limits on the ability of 
                                donors to designate, by stipulation or 
                                restriction, the use or recipient of 
                                donated funds; and
                                    (II) the disposition of assets of 
                                the Foundation;
                            (iii) policies that subject all employees, 
                        fellows, trainees, contractors, consultants, 
                        and other agents of the Foundation (including 
                        ex officio and appointed members of the Board) 
                        to conflict of interest standards; and
                            (iv) the specific duties of the Executive 
                        Director.
                    (B) Requirements.--The Board shall ensure that the 
                bylaws of the Foundation and the activities carried out 
                under those bylaws shall not--
                            (i) reflect unfavorably on the ability of 
                        the Foundation to carry out activities in a 
                        fair and objective manner; or
                            (ii) compromise, or appear to compromise, 
                        the integrity of any Federal agency or program, 
                        or any officer or employee employed by, or 
                        involved in, such an agency or program.
            (8) Compensation.--
                    (A) In general.--No member of the Board shall 
                receive compensation for serving as a member of the 
                Board.
                    (B) Reimbursement of certain expenses.--In 
                accordance with the bylaws of the Foundation, members 
                of the Board may be reimbursed for travel expenses, 
                including per diem in lieu of subsistence, and other 
                necessary expenses incurred in carrying out the duties 
                of the Board.
    (e) Activities.--
            (1) Studies, competitions, and projects.--The Foundation 
        may conduct and support studies, competitions, projects, and 
        other activities that further the mission of the Foundation 
        described in subsection (c)(2).
            (2) Grants.--
                    (A) In general.--The Foundation may award grants 
                for activities relating to digital equity, digital 
                inclusion, or digital literacy.
                    (B) Selection.--In selecting a recipient for a 
                grant awarded under subparagraph (A), the Foundation--
                            (i) shall make the selection based on the 
                        comparative merits of--
                                    (I) the proposed project of the 
                                potential recipient;
                                    (II) the impact of the project 
                                described in subclause (I) on promoting 
                                digital equity in local communities; 
                                and
                                    (III) the alignment of the project 
                                described in subclause (I) with--
                                            (aa) the overall goals of 
                                        the Foundation relating to 
                                        diversity on the basis of 
                                        geography;
                                            (bb) the type of need 
                                        addressed by the project; and
                                            (cc) other factors 
                                        specified in the strategic plan 
                                        and grant guidelines of the 
                                        Foundation; and
                            (ii) may consult with a potential recipient 
                        regarding the ability of the potential 
                        recipient to carry out various projects that 
                        would further the mission of the Foundation 
                        described in subsection (c)(2).
            (3) Accessing facilities and expertise.--The Foundation may 
        work with the Secretary and the Commission--
                    (A) to leverage the capabilities and facilities of 
                the Department and the Commission; and
                    (B) to assist with resources, including by 
                providing information on assets of the Department and 
                the Commission that may enable the promotion of digital 
                equity, digital inclusion, or digital literacy.
            (4) Training and education.--The Foundation may support 
        programs that provide training to researchers, scientists, and 
        other relevant personnel at the Department, the Commission, and 
        institutions of higher education to help promote digital 
        equity, digital inclusion, and digital literacy.
            (5) Stakeholder engagement.--The Foundation shall convene, 
        and may consult with, representatives from the Department, the 
        Commission, institutions of higher education, the private 
        sector, public interest stakeholders, and commercialization 
        organizations to develop programs for the mission of the 
        Foundation described in subsection (c)(2) and to advance the 
        activities of the Foundation.
            (6) For-profit subsidiaries.--
                    (A) In general.--The Foundation may establish 1 or 
                more for-profit subsidiaries, including an impact 
                investment fund--
                            (i) to stimulate economic development 
                        activities relating to the mission of the 
                        Foundation described in subsection (c)(2); and
                            (ii) to attract for-profit investment 
                        partners for digital equity, digital inclusion, 
                        and digital literacy activities.
                    (B) Authorities of the for-profit subsidiary.--A 
                for-profit subsidiary established under subparagraph 
                (A) may--
                            (i) enter into a partnership with an 
                        economic development corporation, including a 
                        business incubator or small business investment 
                        company;
                            (ii) pay for the cost of building and 
                        administering a facility, including a business 
                        incubator, to support the activities of the 
                        Foundation described in this subsection; and
                            (iii) provide funding to a startup.
            (7) Supplemental programs.--The Foundation may carry out 
        supplemental programs--
                    (A) to conduct and support forums, meetings, 
                conferences, courses, and training workshops consistent 
                with the mission of the Foundation described in 
                subsection (c)(2);
                    (B) to support and encourage the understanding and 
                development of--
                            (i) data collection that provides clarity 
                        with respect to inequities and community needs 
                        in order to promote digital equity, digital 
                        inclusion, and digital literacy; and
                            (ii) policies that make regulation more 
                        effective and efficient by leveraging the data 
                        collection efforts described in clause (i) for 
                        the regulation of relevant technology sectors;
                    (C) for writing, editing, printing, publishing, and 
                selling books and other materials relating to efforts 
                carried out by the Foundation, the Department, or the 
                Commission; and
                    (D) to conduct other activities to carry out and 
                support the mission of the Foundation described in 
                subsection (c)(2).
            (8) Evaluations.--The Foundation shall support the 
        development of an evaluation methodology, to be used as part of 
        any program supported by the Foundation, that shall--
                    (A) consist of qualitative and quantitative 
                metrics;
                    (B) include periodic third-party evaluation of the 
                programs and other activities of the Foundation; and
                    (C) be made publicly available.
            (9) Communications.--The Foundation shall develop an 
        expertise in communications to--
                    (A) disseminate awareness of funding opportunities 
                among community-based organizations that serve covered 
                populations; and
                    (B) promote the work of grant and fellowship 
                recipients under paragraph (2), the successes of the 
                Foundation, opportunities for partnership with the 
                Foundation, and other activities.
            (10) Tribal broadband connectivity grants.--The Foundation 
        may support a grant made under the Tribal Broadband 
        Connectivity Program if there are not adequate appropriations 
        to support such a grant.
    (f) Administration.--
            (1) Executive director.--The Board shall appoint an 
        Executive Director of the Foundation, who shall serve at the 
        pleasure of the Board.
            (2) Administrative control.--No member of the Board, any 
        officer or employee of the Foundation, any officer or employee 
        of any program established by the Foundation, or any 
        participant in a program established by the Foundation may 
        exercise administrative control over any Federal employee.
            (3) Strategic plan.--Not later than 1 year after the date 
        of enactment of this Act, the Foundation shall submit to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives a strategic plan that, incorporating the input 
        of the community advisory committee convened under subsection 
        (g)(1), contains--
                    (A) a description of the initial focus areas of, 
                and primary purposes for, each program, grant, or award 
                opportunity that the Foundation plans to implement 
                during the 2-year period beginning on the date on which 
                the strategic plan is submitted;
                    (B) a description of the efforts that the 
                Foundation will take to be transparent in the processes 
                of the Foundation, including processes relating to--
                            (i) grant awards, including selection, 
                        review, and notification with respect to those 
                        awards; and
                            (ii) communication of past, current, and 
                        future digital equity priorities;
                    (C) a description of the financial goals and 
                benchmarks of the Foundation for the 10-year period 
                beginning on the date on which the report is submitted; 
                and
                    (D) a description of the efforts undertaken by the 
                Foundation to ensure maximum complementarity and 
                minimum redundancy with investments made by the 
                Secretary and the Commission.
            (4) Recurring report.--Not later than 1 year after the date 
        on which the Foundation is established, and once every 2 years 
        thereafter, the Foundation shall make publicly available, and 
        shall submit to the Committee on Commerce, Science, and 
        Transportation of the Senate, the Committee on Energy and 
        Commerce of the House of Representatives, and the Secretary, a 
        report that, for the period covered by the report--
                    (A) describes the activities of the Foundation and 
                the progress of the Foundation in furthering the 
                mission of the Foundation described in subsection 
                (c)(2);
                    (B) provides a specific accounting of the source 
                and use of all funds made available to the Foundation 
                to carry out the activities described in subparagraph 
                (A) to ensure transparency in the alignment of the 
                missions of the Department and the Commission; and
                    (C) includes a summary of each evaluation regarding 
                the decision to award a grant that is conducted under 
                the requirements of subsection (e)(2)(B).
            (5) Evaluation by comptroller general.--Not later than 5 
        years after the date on which the Foundation is established, 
        and once every 5 years thereafter, the Comptroller General of 
        the United States shall submit to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Energy and Commerce of the House of Representatives--
                    (A) an evaluation of--
                            (i) the extent to which the Foundation is 
                        achieving the mission of the Foundation; and
                            (ii) the operation of the Foundation; and
                    (B) any recommendations regarding how the 
                Foundation may be improved.
            (6) Audits.--The Foundation shall--
                    (A) provide for annual audits of the condition of 
                the Foundation; and
                    (B) make the audits, and all other records, 
                documents, and papers of the Foundation, available to 
                the Secretary and the Comptroller General of the United 
                States for examination or audit.
            (7) Integrity.--
                    (A) In general.--To ensure integrity in the 
                operations of the Foundation, the Board shall develop 
                and enforce procedures relating to standards of 
                conduct, financial disclosure statements, conflicts of 
                interest (including recusal and waiver rules), audits, 
                and any other matters determined appropriate by the 
                Board.
                    (B) Financial conflicts of interest.--An individual 
                who is an officer, employee, or member of the Board may 
                not participate in deliberations by the Foundation 
                regarding a matter that would directly or predictably 
                affect any financial interest of--
                            (i) the individual;
                            (ii) a relative (as defined in section 109 
                        of the Ethics in Government Act of 1978 (5 
                        U.S.C. App.)) of that individual; or
                            (iii) a business organization or other 
                        entity in which the individual has an interest, 
                        including an organization or other entity with 
                        which the individual is negotiating employment.
            (8) Intellectual property.--The Board shall adopt written 
        standards to govern the ownership and licensing of any 
        intellectual property rights--
                    (A) developed by the Foundation through activities 
                funded by a for-profit subsidiary established under 
                subsection (e)(6); or
                    (B) otherwise derived from the collaborative 
                efforts of the Foundation.
            (9) Liability.--
                    (A) In general.--The United States shall not be 
                liable for any debt, default, act, or omission of--
                            (i) the Foundation; or
                            (ii) a Federal entity with respect to an 
                        agreement of that Federal entity with the 
                        Foundation.
                    (B) Full faith and credit.--The full faith and 
                credit of the United States shall not extend to any 
                obligations of the Foundation.
            (10) Nonapplicability of faca.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to the 
        Foundation.
    (g) Community Advisory Committee and Report.--
            (1) Composition.--
                    (A) In general.--Not later 90 days after the date 
                on which the Foundation is established, the Board shall 
                convene an advisory committee comprised of community 
                members from covered populations and experts with 
                experience providing essential products and service to 
                covered populations.
                    (B) Stakeholders represented.--To the extent 
                practicable, the Board shall ensure that members 
                appointed to the advisory committee under subparagraph 
                (A) represent diverse regions, sectors, and 
                communities, including not less than 1 member who is 
                affiliated with, or has experience working with, all of 
                the following:
                            (i) Digital inclusion practitioners.
                            (ii) Rural-focused programs.
                            (iii) Members of Indigenous communities.
                            (iv) Civil rights advocates.
                            (v) Consumer advocates.
                            (vi) Libraries.
                            (vii) School systems or education 
                        technology specialists.
                            (viii) Accessibility advocates or experts.
                            (ix) Retired or older individuals.
                            (x) Private sector internet service 
                        providers.
                            (xi) Other relevant groups with experience 
                        addressing the access, adoption, and 
                        affordability of broadband services.
            (2) Annual report.--Not later than 2 years after the date 
        on which the Foundation is established, and annually 
        thereafter, the Board shall direct the community advisory 
        committee convened under paragraph (1) to submit to the Board a 
        written report that includes recommended changes, if any, to 
        the Foundation and any other matter the Board considers 
        appropriate.
            (3) Reimbursement for certain expenses.--In accordance with 
        the bylaws of the Foundation, members of the community advisory 
        committee convened under paragraph (1) may be reimbursed for 
        travel expenses, including per diem in lieu of subsistence, and 
        other necessary expenses incurred in carrying out the functions 
        of that advisory committee.
    (h) Support Services.--The Secretary shall provide facilities, 
utilities, and support services to the Foundation if the Secretary 
determines that the provision of those items is advantageous to the 
programs of the Department.
    (i) Anti-Deficiency Act.--Section 1341(a)(1) of title 31, United 
States Code (commonly referred to as the ``Anti-Deficiency Act''), 
shall not apply to any Federal officer or employee carrying out any 
activity of the Foundation using funds of the Foundation.
    (j) No Preemption of Authority.--This section shall not preempt any 
authority or responsibility of the Secretary under any other provision 
of law.
    (k) Transfer Funds.--The Foundation may transfer funds to the 
Department, which shall be subject to all applicable Federal 
limitations relating to federally funded research.
    (l) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary--
            (1) to the Secretary for fiscal year 2023 to establish the 
        Committee;
            (2) to the Foundation for fiscal year 2024 to carry out the 
        activities of the Foundation; and
            (3) to the Foundation for fiscal year 2025, and each fiscal 
        year thereafter, for administrative and operational costs.
                                 <all>
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