HouseH.R. 8936119th Congress

Digital Opportunity Foundation Act of 2026

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[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>