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Digital Opportunity Foundation Act of 2026

Introduced May 20, 2026 · Last action May 20, 2026 Referred to the House Committee on Energy and Commerce.

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Summary

This legislation is called the Digital Opportunity Foundation Act of 2026. Referred to the House Committee on Energy and Commerce.

Full bill text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8936 Introduced in House (IH)]

<DOC>

119th CONGRESS
  2d Session
                                H. R. 8936

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2026

  Ms. Matsui introduced the following bill; which was referred to the
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

  To establish the Foundation for Digital Opportunity, 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 Opportunity Foundation Act
of 2026''.

SEC. 2. FOUNDATION FOR DIGITAL OPPORTUNITY.

    (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 Opportunity
        established under subsection (b).
            (6) Community anchor institution; covered populations.--The
        terms ``community anchor institution'' 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 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 and artificial
                        intelligence-enabled devices that meet the
                        needs of the user for telehealth, remote work,
                        remote schooling, or other purposes; and
                            (iii) digital applications and online
                        content designed to enable and encourage self-
                        sufficiency, participation, and collaboration;
                        and
                    (B) includes--
                            (i) obtaining access to digital literacy
                        training, including training relating to
                        artificial intelligence literacy;
                            (ii) the provision of quality technical
                        support; and
                            (iii) obtaining basic awareness of measures
                        to ensure online privacy and cybersecurity.
            (9) Digital literacy.--The term ``digital literacy''--
                    (A) means the skills associated with using
                technology to enable a user to securely find, evaluate,
                organize, create, and communicate information; and
                    (B) includes obtaining a basic awareness of, and
                the ability to use--
                            (i) technologies that are driven by
                        artificial intelligence; and
                            (ii) measures to protect digital privacy
                        and ensure cybersecurity.
            (10) Executive director.--The term ``Executive Director''
        means the Executive Director of the Foundation described in
        subsection (f)(1).
            (11) Foundation.--The term ``Foundation'' means the
        Foundation for Digital Opportunity established under this
        section.
            (12) 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)).
            (13) 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)).
            (14) NTIA.--The term ``NTIA'' means the National
        Telecommunications and Information Administration.
            (15) Older individual.--The term ``older individual'' has
        the meaning given the term in section 102 of the Older
        Americans Act of 1965 (42 U.S.C. 3002).
            (16) Secretary.--The term ``Secretary'' means the Secretary
        of Commerce.
            (17) 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).
            (18) 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)).
            (19) Tribal broadband connectivity program.--The term
        ``Tribal Broadband Connectivity Program'' means the program
        implemented 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
Opportunity.--
            (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
        Opportunity.
            (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) who may not be employed by the Federal
                Government while serving on the Committee;
                    (C) each of whom shall be a voting member of the
                Committee;
                    (D) not fewer than 3 of whom shall have broad and
                general experience in matters relating to digital
                inclusion or digital literacy; and
                    (E) not less than 2 of whom shall have broad and
                general experience in working with private nonprofit
                organizations.
            (3) Functions.--The functions of the Committee shall be as
        follows:
                    (A) To carry out such activities as may be
                necessary to establish a nonprofit corporation to be
                known as the ``Foundation for Digital Opportunity'',
                and 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)(3).
                    (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) General Principles of the Foundation.--
            (1) 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 opportunity and digital literacy for
                communities with low rates of adoption of broadband and
                other digital technologies;
                    (C) to develop programs and partnerships to--
                            (i) increase the rates at which covered
                        populations adopt broadband and other digital
                        technologies;
                            (ii) to promote digital literacy among
                        covered populations, upskill, alleviate skills
                        gaps, and prepare for emerging technologies,
                        such as artificial intelligence;
                            (iii) collaborate with State, local, and
                        Tribal governments, Minority-serving
                        institutions, other anchor institutions, and
                        stakeholders in the communications, education,
                        business, technology, and health fields;
                            (iv) publicize and incentivize the adoption
                        of evidence-based programs;
                            (v) convene organizations and partnerships
                        with related goals and interests to establish
                        problem-solving processes;
                            (vi) strengthen and share case studies and
                        best practices relating to the impact of
                        digital opportunity on economic development,
                        including with respect to workforce readiness
                        and development, business retention, and
                        entrepreneurship; and
                            (vii) support the goals of--
                                    (I) the Tribal Broadband
                                Connectivity Program;
                                    (II) the Broadband Equity, Access,
                                and Deployment Program;
                                    (III) the Universal Service Fund
                                under section 254 of the Communications
                                Act of 1934 (47 U.S.C. 254); and
                                    (IV) any other federally funded
                                program that supports the deployment
                                and adoption of broadband; and
                    (D) to promote equitable access to, and the
                adoption of, digital technologies that support
                accessibility, telehealth, distance learning, online
                access to governmental benefits and services, and
                economic opportunities.
            (2) Limitation.--The Foundation shall not be an agency or
        instrumentality of the Federal Government or any State or local
        government.
            (3) 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.
                                    (VI) The Director of the Institute
                                of Museum and Library Services.
                            (ii) Nonvoting members.--The ex officio
                        members of the Board shall be nonvoting members
                        of the Board.
                    (C) Appointed members.--
                            (i) In general.--The Board shall consist of
                        not fewer than 15 members from the sectors
                        listed in clause (ii).
                            (ii) Representation.--The appointed members
                        of the Board shall reflect a broad cross-
                        section of stakeholders and shall include not
                        fewer than 2 members from each of the
                        following:
                                    (I) Academia.
                                    (II) Industry.
                                    (III) Nonprofit and civil rights
                                organizations.
                                    (IV) Community-based practitioners
                                of efforts to promote digital
                                inclusion.
                                    (V) State, local, and Tribal
                                governments.
                                    (VI) Community anchor institutions.
                                    (VII) The philanthropic community.
                            (iii) Experience.--Each appointed member of
                        the Board shall--
                                    (I) have--
                                            (aa) experience promoting
                                        digital opportunity and digital
                                        literacy;
                                            (bb) experience in the
                                        technology sector;
                                            (cc) experience in the
                                        telecommunications and
                                        broadband sector;
                                            (dd) direct experience
                                        working with covered
                                        populations; or
                                            (ee) 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.
                            (iii) Limitation.--A member may serve not
                        more than 2 sequential terms.
                    (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) advise the Executive Director on the overall
                direction for the activities of the Foundation and
                establish priority activities;
                    (B) advise 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.
                    (C) Amendments to bylaws.--The Assistant Secretary,
                by rule in accordance with section 553 of title 5,
                United States Code, may abrogate, add to, or modify the
                bylaws of the Foundation in a manner that the Assistant
                Secretary determines necessary or appropriate to--
                            (i) ensure the fair administration of the
                        Foundation;
                            (ii) conform those bylaws to other
                        applicable rules issued by the Assistant
                        Secretary; or
                            (iii) otherwise further the purposes of
                        this section.
            (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)(1).
            (2) Grants.--
                    (A) In general.--The Foundation may award grants
                for activities relating to information technology
                capacity and digital literacy and digital adoption in
                local communities.
                    (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 literacy and digital inclusion
                                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;
                                            (cc) the relative cost-
                                        effectiveness of the proposed
                                        activities or methodology of
                                        the project; and
                                            (dd) 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)(1).
            (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 full digital
        participation in the society and economy of the United States.
            (5) Stakeholder engagement.--The Foundation shall annually
        convene and consult with representatives from the Department,
        the Commission, digital inclusion practitioners, institutions
        of higher education, the private sector, rural focused
        practitioners, members of Indigenous communities, civil rights
        advocates, consumer advocates, libraries, school systems or
        education technology specialists, accessibility advocates or
        experts, retired or older individuals, public interest
        stakeholders, and other relevant groups with experience
        addressing the access, adoption, and affordability of the
        broadband services to develop programs for the mission of the
        Foundation described in subsection (c)(1) 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)(1); and
                            (ii) to attract for-profit investment
                        partners for 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 a 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)(1);
                    (B) to support and encourage the understanding and
                development of--
                            (i) data collection that provides clarity
                        with respect to inequities, digital skill
                        levels, 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)(1).
            (8) Evaluations.--The Foundation shall support the
        development of an evaluation methodology, to be used as part of
        any project or 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;
                    (B) promote the work of grant recipients under
                paragraph (2), the successes of the Foundation,
                opportunities for partnership with the Foundation, and
                other activities; and
                    (C) leverage public awareness campaigns or other
                efforts by the Department or the Commission relating to
                the activities or opportunities promoted by the
                Foundation.
            (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 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 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 Commerce and
        Energy 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)(1);
                    (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, as determined in
                accordance with 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
                        13101 of title 5, United States Code) 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 provisions relating to federal
        advisory committees.--Chapter 10 of title 5, United States
        Code, shall not apply to the Foundation.
    (g) 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.
    (h) 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.
    (i) No Preemption of Authority.--This section shall not preempt any
authority or responsibility of the Secretary under any other provision
of law.
    (j) Transfer Funds.--The Foundation may transfer funds to the
Department, which shall be subject to all applicable Federal
limitations relating to federally funded research.
    (k) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary--
            (1) to the Secretary for fiscal year 2027 to establish the
        Committee;
            (2) to the Foundation for fiscal year 2028 to carry out the
        activities of the Foundation; and
            (3) to the Foundation for fiscal year 2029, and each fiscal
        year thereafter, for administrative and operational costs.
                                 <all>

Official legislative text sourced from the public record (cached on CivicsHQ).

Official source

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Status

In Committee

  1. 1Introduced
  2. 2Committee
  3. 3Floor
  4. 4Passed
  5. 5Signed

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Topics

Government Operations

Cosponsors

No cosponsors on record.

Votes

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