II 

118TH CONGRESS 

1ST SESSION S. 599 

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

IN THE SENATE OF THE UNITED STATES 

MARCH 1, 2023 

Mr. LUJA ́N (for himself, Mrs. FEINSTEIN, Ms. KLOBUCHAR, Mr. 

BLUMENTHAL, Mr. HEINRICH, Mr. MARKEY, Mr. MERKLEY, and Mr. 

DURBIN) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Digital Equity Foun5 dation Act of 2023’’. 

6 SEC. 2. FOUNDATION FOR DIGITAL EQUITY. 

7 (a) DEFINITIONS.—In this section: 

8 (1) ASSISTANT SECRETARY.—The term ‘‘Assist9 ant Secretary’’ means the Assistant Secretary of 

10 Commerce for Communications and Information. 


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1 (2) BOARD.—The term ‘‘Board’’ means the 

2 Board of Directors described in subsection (d)(1). 

3 (3) BUSINESS INCUBATOR.—The term ‘‘busi4 ness incubator’’ has the meaning given the term in 

5 section 3 of the Native American Business Incuba6 tors Program Act (25 U.S.C. 5802). 

7 (4) COMMISSION.—The term ‘‘Commission’’ 

8 means the Federal Communications Commission. 

9 (5) COMMITTEE.—The term ‘‘Committee’’ 

10 means the Committee for the Establishment of the 

11 Foundation for Digital Equity established under 

12 subsection (b). 

13 (6) COMMUNITY ANCHOR INSTITUTION; COV14 ERED POPULATIONS; DIGITAL EQUITY; DIGITAL LIT15 ERACY.—The terms ‘‘community anchor institu16 tion’’, ‘‘covered populations’’, ‘‘digital equity’’, and 

17 ‘‘digital literacy’’ have the meanings given those 

18 terms in section 60302 of the Digital Equity Act of 

19 2021 (47 U.S.C. 1721). 

20 (7) DEPARTMENT.—The term ‘‘Department’’ 

21 means the Department of Commerce. 

22 (8) DIGITAL INCLUSION.—The term ‘‘digital in23 clusion’’— 

24 (A) means the activities that are necessary 

25 to ensure that all individuals in the United 


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1 States have access to, and the use of, affordable 

2 information and communication technologies, 

3 such as— 

4 (i) reliable fixed and wireless 

5 broadband; 

6 (ii) internet-enabled devices that meet 

7 the needs of the user for telehealth, remote 

8 work, remote schooling, or other purposes; 

9 and 

10 (iii) applications and online content 

11 designed to enable and encourage self-suf12 ficiency, participation, and collaboration; 

13 and 

14 (B) includes— 

15 (i) obtaining access to digital literacy 

16 training; 

17 (ii) the provision of quality technical 

18 support; and 

19 (iii) obtaining basic awareness of 

20 measures to ensure online privacy and cy21 bersecurity. 

22 (9) EXECUTIVE DIRECTOR.—The term ‘‘Execu23 tive Director’’ means the Executive Director of the 

24 Foundation described in subsection (f)(1). 


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1 (10) FOUNDATION.—The term ‘‘Foundation’’ 

2 means the Foundation for Digital Equity established 

3 under this section. 

4 (11) INSTITUTION OF HIGHER EDUCATION.— 

5 The term ‘‘institution of higher education’’ means— 

6 (A) an institution of higher education, as 

7 that term is defined in section 101 of the High8 er Education Act of 1965 (20 U.S.C. 1001); or 

9 (B) a postsecondary vocational institution, 

10 as that term is defined in section 102(c) of the 

11 Higher Education Act of 1965 (20 U.S.C. 

12 1002(c)). 

13 (12) MINORITY-SERVING INSTITUTION.—The 

14 term ‘‘Minority-serving institution’’ means an insti15 tution described in any of paragraphs (1) through 

16 (7) of section 371(a) of the Higher Education Act 

17 of 1965 (20 U.S.C. 1067q(a)). 

18 (13) NTIA.—The term ‘‘NTIA’’ means the Na19 tional Telecommunications and Information Admin20 istration. 

21 (14) OLDER INDIVIDUAL.—The term ‘‘older in22 dividual’’ has the meaning given the term in section 

23 102 of the Older Americans Act of 1965 (42 U.S.C. 

24 3002). 


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1 (15) SECRETARY.—The term ‘‘Secretary’’ 

2 means the Secretary of Commerce. 

3 (16) SMALL BUSINESS INVESTMENT COM4 PANY.—The term ‘‘small business investment com5 pany’’ has the meaning given the term in section 

6 103 of the Small Business Investment Act of 1958 

7 (15 U.S.C. 662). 

8 (17) STARTUP.—The term ‘‘startup’’ has the 

9 meaning given the term ‘‘start-up business’’ in sec10 tion 362(f)(5)(C) of the Energy Policy and Con11 servation Act (42 U.S.C. 6322(f)(5)(C)). 

12 (18) TRIBAL BROADBAND CONNECTIVITY PRO13 GRAM.—The term ‘‘Tribal Broadband Connectivity 

14 Program’’ means the program implemented pursu15 ant to section 905(c) of division N of the Consoli16 dated Appropriations Act, 2021 (47 U.S.C. 1305 

17 note). 

18 (b) COMMITTEE FOR THE ESTABLISHMENT OF THE

19 FOUNDATION FOR DIGITAL EQUITY.— 

20 (1) IN GENERAL.—Not later than 90 days after 

21 the date of enactment of this Act, the Secretary 

22 shall establish the Committee for the Establishment 

23 of the Foundation for Digital Equity. 

24 (2) MEMBERS.—The Committee shall be com25 posed of 5 members— 


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1 (A) who shall be appointed by the officials 

2 described in subsection (d)(2)(B)(i); 

3 (B) each of whom shall be a voting mem4 ber of the Committee; 

5 (C) not fewer than 3 of whom shall have 

6 broad and general experience in matters relat7 ing to digital equity, digital inclusion, or digital 

8 literacy; and 

9 (D) not less than 1 of whom shall have 

10 broad and general experience in working with 

11 private nonprofit organizations. 

12 (3) FUNCTIONS.—The functions of the Com13 mittee shall be as follows: 

14 (A) To carry out such activities as may be 

15 necessary to establish a nonprofit corporation to 

16 be known as the ‘‘Foundation for Digital Eq17 uity’’, and to incorporate the Foundation under 

18 the laws of a State, including by— 

19 (i) serving as the incorporators for the 

20 Foundation; and 

21 (ii) ensuring that the articles of incor22 poration for the Foundation require that 

23 the Foundation is operated in accordance 

24 with the requirements of this section. 


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1 (B) To ensure that the Foundation quali2 fies for and (during the period in which the 

3 Committee is in existence) maintains the status 

4 described in subsection (c)(3). 

5 (C) To provide for the initial operation of 

6 the Foundation, including by ensuring that the 

7 Foundation has adequate facilities, equipment, 

8 and staff. 

9 (D) To appoint initial voting members of 

10 the Board who satisfy the requirements under 

11 subsection (d)(2)(C) and have such other quali12 fications as the Committee determines appro13 priate with respect to those members. 

14 (4) CHAIR.—The Committee shall, from among 

15 the members of the Committee, designate a member 

16 of the Committee to serve as Chair of the Com17 mittee. 

18 (5) TERM.— 

19 (A) IN GENERAL.—Each member of the 

20 Committee shall serve for the duration of the 

21 Committee. 

22 (B) VACANCIES.— 

23 (i) NO EFFECT ON AUTHORITY.—A 

24 vacancy in the membership of the Com25 mittee shall not affect the authority of the 


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1 Committee to carry out the functions of 

2 the Committee. 

3 (ii) REPLACEMENT.—If a member of 

4 the Committee does not serve for the dura5 tion of the Committee, the individual ap6 pointed to fill that vacancy shall be ap7 pointed by the ex officio members of the 

8 Board for the remainder of the applicable 

9 term. 

10 (6) COMPENSATION.—A member of the Com11 mittee— 

12 (A) shall not receive compensation for 

13 service on the Committee; and 

14 (B) may be reimbursed for travel, subsist15 ence, and other necessary expenses incurred in 

16 carrying out the functions of the Committee. 

17 (7) TERMINATION.—The Committee shall— 

18 (A) complete the functions of the com19 mittee described in paragraph (3) not later 

20 than 180 days after the date on which the Sec21 retary establishes the Committee under para22 graph (1); and 

23 (B) terminate on the date that is 30 days 

24 after the date on which the Secretary deterVerDate Sep 11 2014 20:44 Mar 11, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S599.IS S599

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1 mines that the Committee has completed the 

2 functions described in paragraph (3). 

3 (c) GENERAL PRINCIPLES OF THE FOUNDATION.— 

4 (1) MISSION.—The mission of the Foundation 

5 shall be— 

6 (A) to supplement, but not supplant, the 

7 work of the NTIA and the Commission in pro8 moting the benefits of technological develop9 ment in the United States, and of high-capac10 ity, affordable broadband connectivity in par11 ticular, for all users of telecommunications and 

12 information facilities; 

13 (B) to raise, leverage, or match funding 

14 from other entities, including philanthropic or15 ganizations, the private sector, and State and 

16 local governments, to promote digital literacy, 

17 digital inclusion, and digital equity for commu18 nities with low rates of adoption of broadband; 

19 (C) to develop programs and partnerships 

20 to— 

21 (i) spur greater rates of adoption of 

22 broadband among covered populations; 

23 (ii) collaborate with State, local, and 

24 Tribal governments, Minority-serving insti25 tutions, other anchor institutions, and 


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1 stakeholders in the communications, edu2 cation, business, and technology fields; 

3 (iii) publicize and incentivize the 

4 adoption of evidence-based programs; 

5 (iv) convene organizations and part6 nerships with related goals and interests to 

7 establish problem-solving processes; 

8 (v) strengthen and share best prac9 tices relating to— 

10 (I) projects promoting digital in11 clusion, digital literacy, and digital eq12 uity; and 

13 (II) regional economic develop14 ment; 

15 (vi) support job creation and work16 force development; and 

17 (vii) support the goals of the Tribal 

18 Broadband Connectivity Program; and 

19 (D) to promote equitable access to, and the 

20 adoption of, broadband technologies and digital 

21 applications that support accessibility, tele22 health, distance learning, and online access to 

23 governmental benefits and services, including by 

24 preventing, detecting, and remedying digital 

25 discrimination. 


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1 (2) LIMITATION.—The Foundation shall not be 

2 an agency or instrumentality of the Federal Govern3 ment or any State or local government. 

4 (3) TAX-EXEMPT STATUS.—The Board shall 

5 take all necessary and appropriate steps to ensure 

6 that the Foundation is an organization that is de7 scribed in section 501(c) of the Internal Revenue 

8 Code of 1986 and exempt from taxation under sec9 tion 501(a) of that Code. 

10 (d) BOARD OF DIRECTORS.— 

11 (1) ESTABLISHMENT.—The Foundation shall 

12 be governed by a Board of Directors. 

13 (2) COMPOSITION.— 

14 (A) IN GENERAL.—The Board shall be 

15 composed of the ex officio members described in 

16 subparagraph (B) and the appointed voting 

17 members described in subparagraph (C). 

18 (B) EX OFFICIO MEMBERS.— 

19 (i) MEMBERS.—The ex officio mem20 bers of the Board shall be the following in21 dividuals (or designees of those individ22 uals): 

23 (I) The Secretary. 

24 (II) The Assistant Secretary. 


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1 (III) The Chairman of the Com2 mission. 

3 (IV) The Secretary of the Treas4 ury. 

5 (V) The Under Secretary of Agri6 culture for Rural Development. 

7 (VI) The Director of the Insti8 tute of Museum and Library Services. 

9 (ii) NONVOTING MEMBERS.—The ex 

10 officio members of the Board shall be non11 voting members of the Board. 

12 (C) APPOINTED MEMBERS.— 

13 (i) REPRESENTATION.—The ap14 pointed members of the Board shall reflect 

15 a broad cross-section of stakeholders from 

16 academia, industry, nonprofit and civil 

17 rights organizations, community-based 

18 practitioners of efforts to promote digital 

19 inclusion, State or local governments, local 

20 school districts and libraries, other commu21 nity anchor institutions, and the philan22 thropic community. 

23 (ii) EXPERIENCE.—Each appointed 

24 member of the Board shall— 

25 (I) have— 


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1 (aa) experience promoting 

2 digital equity, digital inclusion, 

3 and digital literacy; 

4 (bb) experience in the tech5 nology sector; 

6 (cc) experience in the tele7 communications and broadband 

8 sector; 

9 (dd) direct experience work10 ing with covered populations; or 

11 (ee) research experience in 

12 foundation operations; and 

13 (II) to the extent practicable, 

14 represent diverse regions, sectors, and 

15 the communities corresponding to the 

16 covered populations that are the focus 

17 of the activities of the Foundation. 

18 (3) CHAIR AND VICE CHAIR.— 

19 (A) IN GENERAL.—The Board shall des20 ignate, from among the appointed members of 

21 the Board— 

22 (i) an individual to serve as Chair of 

23 the Board; and 

24 (ii) an individual to serve as Vice 

25 Chair of the Board. 


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1 (B) TERMS.—The term of service of the 

2 Chair and Vice Chair of the Board shall end on 

3 the earlier of— 

4 (i) the date that is 3 years after the 

5 date on which the Chair or Vice Chair of 

6 the Board, as applicable, is designated for 

7 the position; and 

8 (ii) the last day of the term of service 

9 of the member, as determined under para10 graph (4)(A), who is designated to be 

11 Chair or Vice Chair of the Board, as appli12 cable. 

13 (C) REPRESENTATION.—The Chair and 

14 Vice Chair of the Board— 

15 (i) shall not be representatives of the 

16 same area of subject matter expertise, or 

17 entity, as applicable, under paragraph 

18 (2)(C)(ii); and 

19 (ii) shall not be representatives of any 

20 area of subject matter expertise, or entity, 

21 as applicable, represented by the imme22 diately preceding Chair and Vice Chair of 

23 the Board. 

24 (4) TERMS AND VACANCIES.— 

25 (A) TERMS.— 


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1 (i) IN GENERAL.—The term of service 

2 of each appointed member of the Board 

3 shall be not more than 5 years. 

4 (ii) INITIAL APPOINTED MEMBERS.— 

5 Of the initial members of the Board appointed under subsection (b)(3)(D), 1 6 ⁄2 of 

the members shall serve for 4 years and 1 7 ⁄2

8 of the members shall serve for 5 years, as 

9 determined by the Chair of the Board. 

10 (B) VACANCIES.—Any vacancy in the 

11 membership of the appointed members of the 

12 Board— 

13 (i) shall be filled by a majority vote of 

14 the appointed members of the Board in ac15 cordance with the bylaws of the Founda16 tion; 

17 (ii) shall not affect the power of the 

18 remaining appointed members to execute 

19 the duties of the Board; and 

20 (iii) shall be filled by an individual se21 lected by the Board. 

22 (5) MEETINGS; QUORUM.— 

23 (A) INITIAL MEETING.—Not later than 60 

24 days after the date on which all of the members 

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1 retary shall convene a meeting of the ex officio 

2 and appointed members of the Board to estab3 lish the bylaws of the Foundation in accordance 

4 with paragraph (7). 

5 (B) QUORUM.—A majority of the ap6 pointed members of the Board shall constitute 

7 a quorum for purposes of conducting the busi8 ness of the Board. 

9 (6) DUTIES.—The Board shall— 

10 (A) provide overall direction for the activi11 ties of the Foundation and establish priority ac12 tivities; 

13 (B) provide guidance to the Executive Di14 rector such that the Executive Director may 

15 carry out any other necessary activities of the 

16 Foundation; 

17 (C) evaluate the performance of the Execu18 tive Director; and 

19 (D) actively solicit and accept funds, gifts, 

20 grants, devises, or bequests of real or personal 

21 property to the Foundation, including from pri22 vate entities. 

23 (7) BYLAWS.— 

24 (A) IN GENERAL.—The bylaws established 

25 under paragraph (5)(A) may include— 


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1 (i) policies for the selection of Board 

2 members and officers, employees, agents, 

3 and contractors of the Foundation; 

4 (ii) policies, including ethical stand5 ards, for— 

6 (I) the acceptance, solicitation, 

7 and disposition of donations and 

8 grants to the Foundation, including 

9 appropriate limits on the ability of do10 nors to designate, by stipulation or re11 striction, the use or recipient of do12 nated funds; and 

13 (II) the disposition of assets of 

14 the Foundation; 

15 (iii) policies that subject all employ16 ees, fellows, trainees, contractors, consult17 ants, and other agents of the Foundation 

18 (including ex officio and appointed mem19 bers of the Board) to conflict of interest 

20 standards; and 

21 (iv) the specific duties of the Execu22 tive Director. 

23 (B) REQUIREMENTS.—The Board shall en24 sure that the bylaws of the Foundation and the 


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1 activities carried out under those bylaws shall 

2 not— 

3 (i) reflect unfavorably on the ability of 

4 the Foundation to carry out activities in a 

5 fair and objective manner; or 

6 (ii) compromise, or appear to com7 promise, the integrity of any Federal agen8 cy or program, or any officer or employee 

9 employed by, or involved in, such an agen10 cy or program. 

11 (C) AMENDMENTS TO BYLAWS.—The As12 sistant Secretary, by rule in accordance with 

13 section 553 of title 5, United States Code, may 

14 abrogate, add to, or modify the bylaws of the 

15 Foundation in a manner that the Assistant Sec16 retary determines necessary or appropriate to— 

17 (i) ensure the fair administration of 

18 the Foundation; 

19 (ii) conform those bylaws to other ap20 plicable rules issued by the Assistant Sec21 retary; or 

22 (iii) otherwise further the purposes of 

23 this section. 

24 (8) COMPENSATION.— 


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1 (A) IN GENERAL.—No member of the 

2 Board shall receive compensation for serving as 

3 a member of the Board. 

4 (B) REIMBURSEMENT OF CERTAIN EX5 PENSES.—In accordance with the bylaws of the 

6 Foundation, members of the Board may be re7 imbursed for travel expenses, including per 

8 diem in lieu of subsistence, and other necessary 

9 expenses incurred in carrying out the duties of 

10 the Board. 

11 (e) ACTIVITIES.— 

12 (1) STUDIES, COMPETITIONS, AND PROJECTS.— 

13 The Foundation may conduct and support studies, 

14 competitions, projects, and other activities that fur15 ther the mission of the Foundation described in sub16 section (c)(1). 

17 (2) GRANTS.— 

18 (A) IN GENERAL.—The Foundation may 

19 award grants for activities relating to digital eq20 uity, digital inclusion, or digital literacy. 

21 (B) SELECTION.—In selecting a recipient 

22 for a grant awarded under subparagraph (A), 

23 the Foundation— 

24 (i) shall make the selection based on 

25 the comparative merits of— 


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1 (I) the proposed project of the 

2 potential recipient; 

3 (II) the impact of the project de4 scribed in subclause (I) on promoting 

5 digital equity in local communities; 

6 and 

7 (III) the alignment of the project 

8 described in subclause (I) with— 

9 (aa) the overall goals of the 

10 Foundation relating to diversity 

11 on the basis of geography; 

12 (bb) the type of need ad13 dressed by the project; and 

14 (cc) other factors specified 

15 in the strategic plan and grant 

16 guidelines of the Foundation; and 

17 (ii) may consult with a potential re18 cipient regarding the ability of the poten19 tial recipient to carry out various projects 

20 that would further the mission of the 

21 Foundation described in subsection (c)(1). 

22 (3) ACCESSING FACILITIES AND EXPERTISE.— 

23 The Foundation may work with the Secretary and 

24 the Commission— 


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1 (A) to leverage the capabilities and facili2 ties of the Department and the Commission; 

3 and 

4 (B) to assist with resources, including by 

5 providing information on assets of the Depart6 ment and the Commission that may enable the 

7 promotion of digital equity, digital inclusion, or 

8 digital literacy. 

9 (4) TRAINING AND EDUCATION.—The Founda10 tion may support programs that provide training to 

11 researchers, scientists, and other relevant personnel 

12 at the Department, the Commission, and institutions 

13 of higher education to help promote digital equity, 

14 digital inclusion, and digital literacy. 

15 (5) STAKEHOLDER ENGAGEMENT.—The Foun16 dation shall convene, and may consult with, rep17 resentatives from the Department, the Commission, 

18 institutions of higher education, the private sector, 

19 public interest stakeholders, and commercialization 

20 organizations to develop programs for the mission of 

21 the Foundation described in subsection (c)(1) and to 

22 advance the activities of the Foundation. 

23 (6) FOR-PROFIT SUBSIDIARIES.— 


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1 (A) IN GENERAL.—The Foundation may 

2 establish 1 or more for-profit subsidiaries, in3 cluding an impact investment fund— 

4 (i) to stimulate economic development 

5 activities relating to the mission of the 

6 Foundation described in subsection (c)(1); 

7 and 

8 (ii) to attract for-profit investment 

9 partners for digital equity, digital inclu10 sion, and digital literacy activities. 

11 (B) AUTHORITIES OF THE FOR-PROFIT

12 SUBSIDIARY.—A for-profit subsidiary estab13 lished under subparagraph (A) may— 

14 (i) enter into a partnership with an 

15 economic development corporation, includ16 ing a business incubator or a small busi17 ness investment company; 

18 (ii) pay for the cost of building and 

19 administering a facility, including a busi20 ness incubator, to support the activities of 

21 the Foundation described in this sub22 section; and 

23 (iii) provide funding to a startup. 

24 (7) SUPPLEMENTAL PROGRAMS.—The Founda25 tion may carry out supplemental programs— 


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1 (A) to conduct and support forums, meet2 ings, conferences, courses, and training work3 shops consistent with the mission of the Foun4 dation described in subsection (c)(1); 

5 (B) to support and encourage the under6 standing and development of— 

7 (i) data collection that provides clarity 

8 with respect to inequities and community 

9 needs in order to promote digital equity, 

10 digital inclusion, and digital literacy; and 

11 (ii) policies that make regulation more 

12 effective and efficient by leveraging the 

13 data collection efforts described in clause 

14 (i) for the regulation of relevant technology 

15 sectors; 

16 (C) for writing, editing, printing, pub17 lishing, and selling books and other materials 

18 relating to efforts carried out by the Founda19 tion, the Department, or the Commission; and 

20 (D) to conduct other activities to carry out 

21 and support the mission of the Foundation de22 scribed in subsection (c)(1). 

23 (8) EVALUATIONS.—The Foundation shall sup24 port the development of an evaluation methodology, 


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1 to be used as part of any program supported by the 

2 Foundation, that shall— 

3 (A) consist of qualitative and quantitative 

4 metrics; 

5 (B) include periodic third party evaluation 

6 of the programs and other activities of the 

7 Foundation; and 

8 (C) be made publicly available. 

9 (9) COMMUNICATIONS.—The Foundation shall 

10 develop an expertise in communications to— 

11 (A) disseminate awareness of funding op12 portunities among community-based organiza13 tions that serve covered populations; and 

14 (B) promote the work of grant recipients 

15 under paragraph (2), the successes of the 

16 Foundation, opportunities for partnership with 

17 the Foundation, and other activities. 

18 (10) TRIBAL BROADBAND CONNECTIVITY

19 GRANTS.—The Foundation may support a grant 

20 made under the Tribal Broadband Connectivity Pro21 gram if there are not adequate appropriations to 

22 support such a grant. 

23 (f) ADMINISTRATION.— 


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1 (1) EXECUTIVE DIRECTOR.—The Board shall 

2 appoint an Executive Director of the Foundation, 

3 who shall serve at the pleasure of the Board. 

4 (2) ADMINISTRATIVE CONTROL.—No member 

5 of the Board, any officer or employee of the Founda6 tion, any officer or employee of any program estab7 lished by the Foundation, or any participant in a 

8 program established by the Foundation may exercise 

9 administrative control over any Federal employee. 

10 (3) STRATEGIC PLAN.—Not later than 1 year 

11 after the date of enactment of this Act, the Founda12 tion shall submit to the Committee on Commerce, 

13 Science, and Transportation of the Senate and the 

14 Committee on Energy and Commerce of the House 

15 of Representatives a strategic plan that, incor16 porating the input of the community advisory com17 mittee convened under subsection (g)(1), contains— 

18 (A) a description of the initial focus areas 

19 of, and primary purposes for, each program, 

20 grant, or award opportunity that the Founda21 tion plans to implement during the 2-year pe22 riod beginning on the date on which the stra23 tegic plan is submitted; 

24 (B) a description of the efforts that the 

25 Foundation will take to be transparent in the 


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1 processes of the Foundation, including proc2 esses relating to— 

3 (i) grant awards, including selection, 

4 review, and notification with respect to 

5 those awards; and 

6 (ii) communication of past, current, 

7 and future digital equity priorities; 

8 (C) a description of the financial goals and 

9 benchmarks of the Foundation for the 10-year 

10 period beginning on the date on which the re11 port is submitted; and 

12 (D) a description of the efforts undertaken 

13 by the Foundation to ensure maximum 

14 complementarity and minimum redundancy 

15 with investments made by the Secretary and 

16 the Commission. 

17 (4) RECURRING REPORT.—Not later than 1 

18 year after the date on which the Foundation is es19 tablished, and once every 2 years thereafter, the 

20 Foundation shall make publicly available, and shall 

21 submit to the Committee on Commerce, Science, and 

22 Transportation of the Senate, the Committee on 

23 Commerce and Energy of the House of Representa24 tives, and the Secretary, a report that, for the period 

25 covered by the report— 


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1 (A) describes the activities of the Founda2 tion and the progress of the Foundation in fur3 thering the mission of the Foundation described 

4 in subsection (c)(1); 

5 (B) provides a specific accounting of the 

6 source and use of all funds made available to 

7 the Foundation to carry out the activities de8 scribed in subparagraph (A) to ensure trans9 parency in the alignment of the missions of the 

10 Department and the Commission; and 

11 (C) includes a summary of each evaluation 

12 regarding the decision to award a grant, as de13 termined in accordance with the requirements 

14 of subsection (e)(2)(B). 

15 (5) EVALUATION BY COMPTROLLER GEN16 ERAL.—Not later than 5 years after the date on 

17 which the Foundation is established, and once every 

18 5 years thereafter, the Comptroller General of the 

19 United States shall submit to the Committee on 

20 Commerce, Science, and Transportation of the Sen21 ate and the Committee on Energy and Commerce of 

22 the House of Representatives— 

23 (A) an evaluation of— 


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1 (i) the extent to which the Foundation 

2 is achieving the mission of the Foundation; 

3 and 

4 (ii) the operation of the Foundation; 

5 and 

6 (B) any recommendations regarding how 

7 the Foundation may be improved. 

8 (6) AUDITS.—The Foundation shall— 

9 (A) provide for annual audits of the condi10 tion of the Foundation; and 

11 (B) make the audits, and all other records, 

12 documents, and papers of the Foundation, 

13 available to the Secretary and the Comptroller 

14 General of the United States for examination or 

15 audit. 

16 (7) INTEGRITY.— 

17 (A) IN GENERAL.—To ensure integrity in 

18 the operations of the Foundation, the Board 

19 shall develop and enforce procedures relating to 

20 standards of conduct, financial disclosure state21 ments, conflicts of interest (including recusal 

22 and waiver rules), audits, and any other mat23 ters determined appropriate by the Board. 

24 (B) FINANCIAL CONFLICTS OF INTER25 EST.—An individual who is an officer, emVerDate Sep 11 2014 20:44 Mar 11, 2023 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S599.IS S599

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1 ployee, or member of the Board may not par2 ticipate in deliberations by the Foundation re3 garding a matter that would directly or predict4 ably affect any financial interest of— 

5 (i) the individual; 

6 (ii) a relative (as defined in section 

7 109 of the Ethics in Government Act of 

8 1978 (5 U.S.C. App.)) of that individual; 

9 or 

10 (iii) a business organization or other 

11 entity in which the individual has an inter12 est, including an organization or other en13 tity with which the individual is negoti14 ating employment. 

15 (8) INTELLECTUAL PROPERTY.—The Board 

16 shall adopt written standards to govern the owner17 ship and licensing of any intellectual property 

18 rights— 

19 (A) developed by the Foundation through 

20 activities funded by a for-profit subsidiary es21 tablished under subsection (e)(6); or 

22 (B) otherwise derived from the collabo23 rative efforts of the Foundation. 

24 (9) LIABILITY.— 


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1 (A) IN GENERAL.—The United States 

2 shall not be liable for any debt, default, act, or 

3 omission of— 

4 (i) the Foundation; or 

5 (ii) a Federal entity with respect to an 

6 agreement of that Federal entity with the 

7 Foundation. 

8 (B) FULL FAITH AND CREDIT.—The full 

9 faith and credit of the United States shall not 

10 extend to any obligations of the Foundation. 

11 (10) NONAPPLICABILITY OF FACA.—The Fed12 eral Advisory Committee Act (5 U.S.C. App.) shall 

13 not apply to the Foundation. 

14 (g) COMMUNITY ADVISORY COMMITTEE AND RE15 PORT.— 

16 (1) COMPOSITION.— 

17 (A) IN GENERAL.—Not later 90 days after 

18 the date on which the Foundation is estab19 lished, the Board shall convene an advisory 

20 committee comprised of community members 

21 from covered populations and experts with expe22 rience providing essential products and service 

23 to covered populations. 

24 (B) STAKEHOLDERS REPRESENTED.—To 

25 the extent practicable, the Board shall ensure 


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1 that members appointed to the advisory com2 mittee under subparagraph (A) represent di3 verse regions, sectors, and communities, includ4 ing not less than 1 member who is affiliated 

5 with, or has experience working with, all of the 

6 following: 

7 (i) Digital inclusion practitioners. 

8 (ii) Rural-focused programs. 

9 (iii) Members of Indigenous commu10 nities. 

11 (iv) Civil rights advocates. 

12 (v) Consumer advocates. 

13 (vi) Libraries. 

14 (vii) School systems or education tech15 nology specialists. 

16 (viii) Accessibility advocates or ex17 perts. 

18 (ix) Retired or older individuals. 

19 (x) Private sector internet service pro20 viders. 

21 (xi) Other relevant groups with expe22 rience addressing the access, adoption, and 

23 affordability of broadband services. 

24 (2) ANNUAL REPORT.—Not later than 2 years 

25 after the date on which the Foundation is estabVerDate Sep 11 2014 20:44 Mar 11, 2023 Jkt 039200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S599.IS S599

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1 lished, and annually thereafter, the Board shall di2 rect the community advisory committee convened 

3 under paragraph (1) to submit to the Board a writ4 ten report that includes recommended changes, if 

5 any, to the Foundation and any other matter the 

6 Board considers appropriate. 

7 (3) REIMBURSEMENT FOR CERTAIN EX8 PENSES.—In accordance with the bylaws of the 

9 Foundation, members of the community advisory 

10 committee convened under paragraph (1) may be re11 imbursed for travel expenses, including per diem in 

12 lieu of subsistence, and other necessary expenses in13 curred in carrying out the functions of that advisory 

14 committee. 

15 (h) SUPPORT SERVICES.—The Secretary shall pro16 vide facilities, utilities, and support services to the Foun17 dation if the Secretary determines that the provision of 

18 those items is advantageous to the programs of the De19 partment. 

20 (i) ANTI-DEFICIENCY ACT.—Section 1341(a)(1) of 

21 title 31, United States Code (commonly referred to as the 

22 ‘‘Anti-Deficiency Act’’), shall not apply to any Federal of23 ficer or employee carrying out any activity of the Founda24 tion using funds of the Foundation. 


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1 (j) NO PREEMPTION OF AUTHORITY.—This section 

2 shall not preempt any authority or responsibility of the 

3 Secretary under any other provision of law. 

4 (k) TRANSFER FUNDS.—The Foundation may trans5 fer funds to the Department, which shall be subject to all 

6 applicable Federal limitations relating to federally funded 

7 research. 

8 (l) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated such sums as may be 

10 necessary— 

11 (1) to the Secretary for fiscal year 2023 to es12 tablish the Committee; 

13 (2) to the Foundation for fiscal year 2024 to 

14 carry out the activities of the Foundation; and 

15 (3) to the Foundation for fiscal year 2025, and 

16 each fiscal year thereafter, for administrative and 

17 operational costs. 

Æ 


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