I 
117TH CONGRESS 
2D SESSION 
H. R. 8858 
To establish the Foundation for Digital Equity, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 15, 2022 
Ms. MATSUI (for herself, Mr. GRIJALVA, Ms. ESHOO, and Mr. SMITH of 
Washington) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce 
A BILL 
To establish the Foundation for Digital Equity, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Digital Equity Foun-
dation Act of 2022’’. 
SEC. 2. FOUNDATION FOR DIGITAL EQUITY. 
(a) DEFINITIONS.—In this section: 
(1) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of 
Commerce for Communications and Information. 
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(2) BOARD.—The term ‘‘Board’’ means the 
Board of Directors described in subsection (d)(1). 
(3) BUSINESS
INCUBATOR.—The term ‘‘busi-
ness incubator’’ has the meaning given the term in 
section 3 of the Native American Business Incuba-
tors 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; COV-
ERED
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 eq-
uity’’ means the condition in which individuals and 
communities have the information technology capac-
ity that is needed for full participation in the society 
and economy of the United States. 
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(9) DIGITAL INCLUSION.—The term ‘‘digital in-
clusion’’— 
(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-suf-
ficiency, 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 cy-
bersecurity. 
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(10) DIGITAL LITERACY.—The term ‘‘digital lit-
eracy’’ means the skills associated with using tech-
nology to enable users to find, evaluate, organize, 
create, and communicate information. 
(11) EXECUTIVE DIRECTOR.—The term ‘‘Exec-
utive 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 High-
er 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 insti-
tution 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)). 
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(15) NTIA.—The term ‘‘NTIA’’ means the Na-
tional Telecommunications and Information Admin-
istration. 
(16) OLDER INDIVIDUAL.—The term ‘‘older in-
dividual’’ 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
COM-
PANY.—The term ‘‘small business investment com-
pany’’ 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 sec-
tion 362(f)(5)(C) of the Energy Policy and Con-
servation Act (42 U.S.C. 6322(f)(5)(C)). 
(20) TRIBAL BROADBAND CONNECTIVITY PRO-
GRAM.—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.— 
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(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 com-
posed 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 mem-
ber of the Committee; 
(C) not fewer than 3 of whom shall have 
broad and general experience in matters relat-
ing 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 Com-
mittee 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 
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(ii) ensuring that the articles of incor-
poration for the Foundation require that 
the Foundation is operated in accordance 
with the requirements of this section. 
(B) To ensure that the Foundation quali-
fies 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 quali-
fications as the Committee determines appro-
priate 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 Com-
mittee. 
(5) TERM.— 
(A) IN GENERAL.—Each member of the 
Committee shall serve for the duration of the 
Committee. 
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(B) VACANCIES.— 
(i) NO
EFFECT
ON
AUTHORITY.—A 
vacancy in the membership of the Com-
mittee 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 dura-
tion of the Committee, the individual ap-
pointed to fill that vacancy shall be ap-
pointed by the ex officio members of the 
Board for the remainder of the applicable 
term. 
(6) COMPENSATION.—A member of the Com-
mittee— 
(A) shall not receive compensation for 
service on the Committee; and 
(B) may be reimbursed for travel, subsist-
ence, and other necessary expenses incurred in 
carrying out the functions of the Committee. 
(7) TERMINATION.—The Committee shall— 
(A) complete the functions of the com-
mittee described in paragraph (3) not later 
than 180 days after the date on which the Sec-
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retary establishes the Committee under para-
graph (1); and 
(B) terminate on the date that is 30 days 
after the date on which the Secretary deter-
mines 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 Sec-
retary 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 pro-
moting the benefits of technological develop-
ment in the United States, and of high-capac-
ity, affordable broadband connectivity in par-
ticular, for all users of telecommunications and 
information facilities; 
(B) to raise, leverage, or match funding 
from other entities, including philanthropic or-
ganizations, the private sector, and State and 
local governments, to promote digital literacy, 
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digital inclusion, and digital equity for commu-
nities 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 insti-
tutions, other anchor institutions, and 
stakeholders in the communications, edu-
cation, business, and technology fields; 
(iii) publicize and incentivize the 
adoption of evidence-based programs; 
(iv) convene organizations and part-
nerships with related goals and interests to 
establish problem-solving processes; 
(v) strengthen and share best prac-
tices relating to— 
(I) projects promoting digital in-
clusion, digital literacy, and digital eq-
uity; and 
(II) regional economic develop-
ment; 
(vi) support job creation and work-
force development; and 
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(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, tele-
health, 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 Govern-
ment 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 de-
scribed in section 501(c) of the Internal Revenue 
Code of 1986 and exempt from taxation under sec-
tion 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 
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subparagraph (B) and the appointed voting 
members described in subparagraph (C). 
(B) EX OFFICIO MEMBERS.— 
(i) MEMBERS.—The ex officio mem-
bers of the Board shall be the following in-
dividuals (or designees of those individ-
uals): 
(I) The Secretary. 
(II) The Assistant Secretary. 
(III) The Chairman of the Com-
mission. 
(IV) The Secretary of the Treas-
ury. 
(V) The Under Secretary of Agri-
culture for Rural Development. 
(ii) NONVOTING
MEMBERS.—The ex 
officio members of the Board shall be non-
voting members of the Board. 
(C) APPOINTED MEMBERS.— 
(i) 
REPRESENTATION.—The 
ap-
pointed 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 
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