inclusion, State or local governments, local 
school districts and libraries, other commu-
nity anchor institutions, and the philan-
thropic community. 
(ii) EXPERIENCE.—Each appointed 
member of the Board shall— 
(I)(aa) 
have 
experience 
pro-
moting digital equity, digital inclusion, 
and digital literacy; 
(bb) have experience in the tech-
nology sector; 
(cc) have experience in the tele-
communications and broadband sec-
tor; 
(dd) have direct experience work-
ing 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.— 
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(A) IN GENERAL.—The Board shall des-
ignate, 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 para-
graph (4)(A), who is designated to be 
Chair or Vice Chair of the Board, as appli-
cable. 
(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 
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(ii) shall not be representatives of any 
area of subject matter expertise, or entity, 
as applicable, represented by the imme-
diately 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 ap-
pointed 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 ac-
cordance with the bylaws of the Founda-
tion; 
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(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 se-
lected 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 Sec-
retary shall convene a meeting of the ex officio 
and appointed members of the Board to estab-
lish the bylaws of the Foundation in accordance 
with paragraph (7). 
(B) QUORUM.—A majority of the ap-
pointed members of the Board shall constitute 
a quorum for purposes of conducting the busi-
ness of the Board. 
(6) DUTIES.—The Board shall— 
(A) provide overall direction for the activi-
ties of the Foundation and establish priority ac-
tivities; 
(B) provide guidance to the Executive Di-
rector such that the Executive Director may 
carry out any other necessary activities of the 
Foundation; 
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(C) evaluate the performance of the Execu-
tive Director; and 
(D) actively solicit and accept funds, gifts, 
grants, devises, or bequests of real or personal 
property to the Foundation, including from pri-
vate 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 stand-
ards, for— 
(I) the acceptance, solicitation, 
and disposition of donations and 
grants to the Foundation, including 
appropriate limits on the ability of do-
nors to designate, by stipulation or re-
striction, the use or recipient of do-
nated funds; and 
(II) the disposition of assets of 
the Foundation; 
(iii) policies that subject all employ-
ees, fellows, trainees, contractors, consult-
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ants, and other agents of the Foundation 
(including ex officio and appointed mem-
bers of the Board) to conflict of interest 
standards; and 
(iv) the specific duties of the Execu-
tive Director. 
(B) REQUIREMENTS.—The Board shall en-
sure 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 com-
promise, the integrity of any Federal agen-
cy or program, or any officer or employee 
employed by, or involved in, such an agen-
cy 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
EX-
PENSES.—In accordance with the bylaws of the 
Foundation, members of the Board may be re-
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imbursed 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 fur-
ther the mission of the Foundation described in sub-
section (c)(2). 
(2) GRANTS.— 
(A) IN GENERAL.—The Foundation may 
award grants for activities relating to digital eq-
uity, 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 de-
scribed in subclause (I) on promoting 
digital equity in local communities; 
and 
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(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 ad-
dressed 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 re-
cipient regarding the ability of the poten-
tial 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 facili-
ties of the Department and the Commission; 
and 
(B) to assist with resources, including by 
providing information on assets of the Depart-
ment and the Commission that may enable the 
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promotion of digital equity, digital inclusion, or 
digital literacy. 
(4) TRAINING AND EDUCATION.—The Founda-
tion 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 Foun-
dation shall convene, and may consult with, rep-
resentatives 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, in-
cluding an impact investment fund— 
(i) to stimulate economic development 
activities relating to the mission of the 
Foundation described in subsection (c)(2); 
and 
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(ii) to attract for-profit investment 
partners for digital equity, digital inclu-
sion, and digital literacy activities. 
(B) AUTHORITIES
OF
THE
FOR-PROFIT 
SUBSIDIARY.—A for-profit subsidiary estab-
lished under subparagraph (A) may— 
(i) enter into a partnership with an 
economic development corporation, includ-
ing a business incubator or small business 
investment company; 
(ii) pay for the cost of building and 
administering a facility, including a busi-
ness incubator, to support the activities of 
the Foundation described in this sub-
section; and 
(iii) provide funding to a startup. 
(7) SUPPLEMENTAL PROGRAMS.—The Founda-
tion may carry out supplemental programs— 
(A) to conduct and support forums, meet-
ings, conferences, courses, and training work-
shops consistent with the mission of the Foun-
dation described in subsection (c)(2); 
(B) to support and encourage the under-
standing and development of— 
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(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, pub-
lishing, and selling books and other materials 
relating to efforts carried out by the Founda-
tion, the Department, or the Commission; and 
(D) to conduct other activities to carry out 
and support the mission of the Foundation de-
scribed in subsection (c)(2). 
(8) EVALUATIONS.—The Foundation shall sup-
port 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 
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(C) be made publicly available. 
(9) COMMUNICATIONS.—The Foundation shall 
develop an expertise in communications to— 
(A) disseminate awareness of funding op-
portunities among community-based organiza-
tions that serve covered populations; and 
(B) promote the work of grant and fellow-
ship recipients under paragraph (2), the suc-
cesses of the Foundation, opportunities for 
partnership with the Foundation, and other ac-
tivities. 
(10) 
TRIBAL
BROADBAND
CONNECTIVITY 
GRANTS.—The Foundation may support a grant 
made under the Tribal Broadband Connectivity Pro-
gram 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 Founda-
tion, any officer or employee of any program estab-
lished by the Foundation, or any participant in a 
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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 Founda-
tion 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, incor-
porating the input of the community advisory com-
mittee 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 Founda-
tion plans to implement during the 2-year pe-
riod beginning on the date on which the stra-
tegic plan is submitted; 
(B) a description of the efforts that the 
Foundation will take to be transparent in the 
processes of the Foundation, including proc-
esses 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; 
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(C) a description of the financial goals and 
benchmarks of the Foundation for the 10-year 
period beginning on the date on which the re-
port 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 es-
tablished, 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 
Commerce and Energy of the House of Representa-
tives, and the Secretary, a report that, for the period 
covered by the report— 
(A) describes the activities of the Founda-
tion and the progress of the Foundation in fur-
thering 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 de-
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scribed in subparagraph (A) to ensure trans-
parency 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
GEN-
ERAL.—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 Sen-
ate 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— 
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(A) provide for annual audits of the condi-
tion 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 state-
ments, conflicts of interest (including recusal 
and waiver rules), audits, and any other mat-
ters determined appropriate by the Board. 
(B) FINANCIAL
CONFLICTS
OF
INTER-
EST.—An individual who is an officer, em-
ployee, or member of the Board may not par-
ticipate in deliberations by the Foundation re-
garding a matter that would directly or predict-
ably affect any financial interest of— 
(i) the individual; 
(ii) a relative (as defined in section 
109 of the Ethics in Government Act of 
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1978 (5 U.S.C. App.)) of that individual; 
or 
(iii) a business organization or other 
entity in which the individual has an inter-
est, including an organization or other en-
tity with which the individual is negoti-
ating employment. 
(8) INTELLECTUAL
PROPERTY.—The Board 
shall adopt written standards to govern the owner-
ship and licensing of any intellectual property 
rights— 
(A) developed by the Foundation through 
activities funded by a for-profit subsidiary es-
tablished under subsection (e)(6); or 
(B) otherwise derived from the collabo-
rative 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. 
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(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 Fed-
eral Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the Foundation. 
(g) COMMUNITY ADVISORY COMMITTEE
AND RE-
PORT.— 
(1) COMPOSITION.— 
(A) IN GENERAL.—Not later 90 days after 
the date on which the Foundation is estab-
lished, the Board shall convene an advisory 
committee comprised of community members 
from covered populations and experts with expe-
rience 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 com-
mittee under subparagraph (A) represent di-
verse regions, sectors, and communities, includ-
ing not less than 1 member who is affiliated 
with, or has experience working with, all of the 
following: 
(i) Digital inclusion practitioners. 
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(ii) Rural-focused programs. 
(iii) Members of Indigenous commu-
nities. 
(iv) Civil rights advocates. 
(v) Consumer advocates. 
(vi) Libraries. 
(vii) School systems or education tech-
nology specialists. 
(viii) Accessibility advocates or ex-
perts. 
(ix) Retired or older individuals. 
(x) Private sector internet service pro-
viders. 
(xi) Other relevant groups with expe-
rience 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 estab-
lished, and annually thereafter, the Board shall di-
rect the community advisory committee convened 
under paragraph (1) to submit to the Board a writ-
ten report that includes recommended changes, if 
any, to the Foundation and any other matter the 
Board considers appropriate. 
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(3) 
REIMBURSEMENT
FOR
CERTAIN
EX-
PENSES.—In accordance with the bylaws of the 
Foundation, members of the community advisory 
committee convened under paragraph (1) may be re-
imbursed for travel expenses, including per diem in 
lieu of subsistence, and other necessary expenses in-
curred in carrying out the functions of that advisory 
committee. 
(h) SUPPORT SERVICES.—The Secretary shall pro-
vide facilities, utilities, and support services to the Foun-
dation if the Secretary determines that the provision of 
those items is advantageous to the programs of the De-
partment. 
(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 of-
ficer or employee carrying out any activity of the Founda-
tion 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 trans-
fer funds to the Department, which shall be subject to all 
applicable Federal limitations relating to federally funded 
research. 
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(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 es-
tablish 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. 
Æ 
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