What This Bill Does
This bill creates a new nonprofit organization called the Foundation for Digital Equity. The Foundation will work to help Americans access affordable internet technology and develop the skills needed to use it. It will do this by raising money from private sources, nonprofits, and governments, then awarding grants and running programs focused on digital equity, digital inclusion, and digital literacy (the ability to use technology effectively).
##
Who It Affects
- Americans without reliable internet access or technology skills
- Communities with low rates of broadband adoption
- Native American tribes
- State and local governments
- Educational institutions
- Technology companies and internet service providers
- Nonprofit and civil rights organizations
- The Department of Commerce
- The Federal Communications Commission
##
Key Provisions
- The Secretary of Commerce must establish a committee within 90 days to set up the Foundation, which will become a nonprofit corporation within 180 days (Sec. 2(b)(1) and (c)(1))
- The Foundation will have a Board of Directors with five nonvoting ex officio members (including the Secretary of Commerce and FCC Chairman) plus appointed voting members from diverse backgrounds in technology, education, and community advocacy (Sec. 2(d)(2))
- The Foundation may award grants for digital equity, digital inclusion, and digital literacy projects based on the merits of proposed projects and their impact on local communities (Sec. 2(e)(2))
- The Foundation must create and submit a strategic plan to Congress within one year describing its focus areas, grant processes, financial goals, and how it will work with existing federal programs (Sec. 2(f)(3))
- The Foundation may establish for-profit subsidiaries to attract private investment and support business development related to digital equity work (Sec. 2(e)(6))
- The Foundation must establish a Community Advisory Committee within 90 days of being established, with members representing covered populations and experts serving those populations (Sec. 2(g)(1))
##
What Changes
If this becomes law, a new independent nonprofit organization will be created to fund and coordinate digital equity work across the United States. The Foundation will be able to raise private money and make grants to organizations working on broadband access, internet device affordability, digital skills training, and online safety education. Congress will receive regular reports on the Foundation's activities and spending. The Secretary of Commerce may provide office space and support services to help the Foundation operate.
##
Important Definitions
- **Digital Equity**: The condition where individuals and communities have the information technology capacity needed for full participation in American society and economy
- **Digital Inclusion**: Activities ensuring all Americans have access to affordable internet and communication technology, including broadband, devices, and training in digital literacy and online safety
- **Digital Literacy**: Skills associated with using technology to find, evaluate, organize, create, and communicate information
- **Community Anchor Institution**: Not fully defined in this bill; refers to a definition in the Digital Equity Act of 2021
- **Covered Populations**: Not fully defined in this bill; refers to a definition in the Digital Equity Act of 2021
- **Covered Household**: Not fully defined in this bill; refers to a definition in the Digital Equity Act of 2021
##
Effective Date
Not specified in bill text. The bill indicates various deadlines for actions (such as establishing the committee within 90 days of enactment), but does not state a general effective date.
I
118TH CONGRESS
1ST SESSION H. R. 1412
To establish the Foundation for Digital Equity, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 7, 2023
Ms. MATSUI (for herself, Ms. BONAMICI, Ms. ESHOO, Mr. SMITH of Wash-
ington, Mr. GRIJALVA, and Mr. CARTER of Louisiana) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce
A BILL
To establish the Foundation for Digital Equity, and for
other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Digital Equity Foun-
4
dation Act of 2023’’.
5
SEC. 2. FOUNDATION FOR DIGITAL EQUITY.
6
(a) DEFINITIONS.—In this section:
7
(1) ASSISTANT SECRETARY.—The term ‘‘Assist-
8
ant Secretary’’ means the Assistant Secretary of
9
Commerce for Communications and Information.
10
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•HR 1412 IH
(2) BOARD.—The term ‘‘Board’’ means the
1
Board of Directors described in subsection (d)(1).
2
(3) BUSINESS
INCUBATOR.—The term ‘‘busi-
3
ness incubator’’ has the meaning given the term in
4
section 3 of the Native American Business Incuba-
5
tors Program Act (25 U.S.C. 5802).
6
(4) COMMISSION.—The term ‘‘Commission’’
7
means the Federal Communications Commission.
8
(5)
COMMITTEE.—The
term
‘‘Committee’’
9
means the Committee for the Establishment of the
10
Foundation for Digital Equity established under
11
subsection (b).
12
(6) COMMUNITY
ANCHOR
INSTITUTION; COV-
13
ERED
HOUSEHOLD; COVERED
POPULATIONS.—The
14
terms ‘‘community anchor institution’’, ‘‘covered
15
household’’, and ‘‘covered populations’’ have the
16
meanings given those terms in section 60302 of the
17
Digital Equity Act of 2021 (47 U.S.C. 1721).
18
(7) DEPARTMENT.—The term ‘‘Department’’
19
means the Department of Commerce.
20
(8) DIGITAL EQUITY.—The term ‘‘digital eq-
21
uity’’ means the condition in which individuals and
22
communities have the information technology capac-
23
ity that is needed for full participation in the society
24
and economy of the United States.
25
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•HR 1412 IH
(9) DIGITAL INCLUSION.—The term ‘‘digital in-
1
clusion’’—
2
(A) means the activities that are necessary
3
to ensure that all individuals in the United
4
States have access to, and the use of, affordable
5
information and communication technologies,
6
such as—
7
(i)
reliable
fixed
and
wireless
8
broadband;
9
(ii) internet-enabled devices that meet
10
the needs of the user for telehealth, remote
11
work, remote schooling, or other purposes;
12
and
13
(iii) applications and online content
14
designed to enable and encourage self-suf-
15
ficiency, participation, and collaboration;
16
and
17
(B) includes—
18
(i) obtaining access to digital literacy
19
training;
20
(ii) the provision of quality technical
21
support; and
22
(iii) obtaining basic awareness of
23
measures to ensure online privacy and cy-
24
bersecurity.
25
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•HR 1412 IH
(10) DIGITAL LITERACY.—The term ‘‘digital lit-
1
eracy’’ means the skills associated with using tech-
2
nology to enable users to find, evaluate, organize,
3
create, and communicate information.
4
(11) EXECUTIVE DIRECTOR.—The term ‘‘Exec-
5
utive Director’’ means the Executive Director of the
6
Foundation described in subsection (f)(1).
7
(12) FOUNDATION.—The term ‘‘Foundation’’
8
means the Foundation for Digital Equity established
9
under subsection (c).
10
(13) INSTITUTION OF HIGHER EDUCATION.—
11
The term ‘‘institution of higher education’’ means—
12
(A) an institution of higher education, as
13
that term is defined in section 101 of the High-
14
er Education Act of 1965 (20 U.S.C. 1001); or
15
(B) a postsecondary vocational institution,
16
as that term is defined in section 102(c) of the
17
Higher Education Act of 1965 (20 U.S.C.
18
1002(c)).
19
(14) MINORITY-SERVING
INSTITUTION.—The
20
term ‘‘Minority-serving institution’’ means an insti-
21
tution described in any of paragraphs (1) through
22
(7) of section 371(a) of the Higher Education Act
23
of 1965 (20 U.S.C. 1067q(a)).
24
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5
•HR 1412 IH
(15) NTIA.—The term ‘‘NTIA’’ means the Na-
1
tional Telecommunications and Information Admin-
2
istration.
3
(16) OLDER INDIVIDUAL.—The term ‘‘older in-
4
dividual’’ has the meaning given the term in section
5
101 of the Older Americans Act of 1965 (42 U.S.C.
6
3001).
7
(17)
SECRETARY.—The
term
‘‘Secretary’’
8
means the Secretary of Commerce.
9
(18) SMALL
BUSINESS
INVESTMENT
COM-
10
PANY.—The term ‘‘small business investment com-
11
pany’’ has the meaning given the term in section
12
103 of the Small Business Investment Act of 1958
13
(15 U.S.C. 662).
14
(19) STARTUP.—The term ‘‘startup’’ has the
15
meaning given the term ‘‘start-up business’’ in sec-
16
tion 362(f)(5)(C) of the Energy Policy and Con-
17
servation Act (42 U.S.C. 6322(f)(5)(C)).
18
(20) TRIBAL BROADBAND CONNECTIVITY PRO-
19
GRAM.—The term ‘‘Tribal Broadband Connectivity
20
Program’’ means the program established pursuant
21
to section 905(c) of division N of the Consolidated
22
Appropriations Act, 2021 (47 U.S.C. 1305 note).
23
(b) COMMITTEE FOR THE ESTABLISHMENT OF THE
24
FOUNDATION FOR DIGITAL EQUITY.—
25
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•HR 1412 IH
(1) IN GENERAL.—Not later than 90 days after
1
the date of enactment of this Act, the Secretary
2
shall establish the Committee for the Establishment
3
of the Foundation for Digital Equity.
4
(2) MEMBERS.—The Committee shall be com-
5
posed of 5 members—
6
(A) who shall be appointed by the officials
7
described in subsection (d)(2)(B)(i);
8
(B) each of whom shall be a voting mem-
9
ber of the Committee;
10
(C) not fewer than 3 of whom shall have
11
broad and general experience in matters relat-
12
ing to digital equity, digital inclusion, or digital
13
literacy; and
14
(D) not less than 1 of whom shall have
15
broad and general experience in working with
16
private nonprofit organizations.
17
(3) FUNCTIONS.—The functions of the Com-
18
mittee are as follows:
19
(A) To carry out such activities as may be
20
necessary to incorporate the Foundation under
21
the laws of a State, including by—
22
(i) serving as the incorporators for the
23
Foundation; and
24
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•HR 1412 IH
(ii) ensuring that the articles of incor-
1
poration for the Foundation require that
2
the Foundation is operated in accordance
3
with the requirements of this section.
4
(B) To ensure that the Foundation quali-
5
fies for and (during the period in which the
6
Committee is in existence) maintains the status
7
described in subsection (c)(4).
8
(C) To provide for the initial operation of
9
the Foundation, including by ensuring that the
10
Foundation has adequate facilities, equipment,
11
and staff.
12
(D) To appoint initial voting members of
13
the Board who satisfy the requirements under
14
subsection (d)(2)(C) and have such other quali-
15
fications as the Committee determines appro-
16
priate with respect to those members.
17
(4) CHAIR.—The Committee shall, from among
18
the members of the Committee, designate a member
19
of the Committee to serve as Chair of the Com-
20
mittee.
21
(5) TERM.—
22
(A) IN GENERAL.—Each member of the
23
Committee shall serve for the duration of the
24
Committee.
25
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8
•HR 1412 IH
(B) VACANCIES.—
1
(i) NO
EFFECT
ON
AUTHORITY.—A
2
vacancy in the membership of the Com-
3
mittee shall not affect the authority of the
4
Committee to carry out the functions of
5
the Committee.
6
(ii) REPLACEMENT.—If a member of
7
the Committee does not serve for the dura-
8
tion of the Committee, the individual ap-
9
pointed to fill that vacancy shall be ap-
10
pointed by the ex officio members of the
11
Board for the remainder of the applicable
12
term.
13
(6) COMPENSATION.—A member of the Com-
14
mittee—
15
(A) shall not receive compensation for
16
service on the Committee; and
17
(B) may be reimbursed for travel, subsist-
18
ence, and other necessary expenses incurred in
19
carrying out the functions of the Committee.
20
(7) TERMINATION.—The Committee shall—
21
(A) complete the functions of the com-
22
mittee described in paragraph (3) not later
23
than 180 days after the date on which the Sec-
24
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9
•HR 1412 IH
retary establishes the Committee under para-
1
graph (1); and
2
(B) terminate on the date that is 30 days
3
after the date on which the Secretary deter-
4
mines that the Committee has completed the
5
functions described in paragraph (3).
6
(c) ESTABLISHMENT.—
7
(1) IN
GENERAL.—Not later than 180 days
8
after the date of enactment of this Act, the Sec-
9
retary shall establish a nonprofit corporation to be
10
known as the ‘‘Foundation for Digital Equity’’.
11
(2) MISSION.—The mission of the Foundation
12
shall be—
13
(A) to supplement, but not supplant, the
14
work of the NTIA and the Commission in pro-
15
moting the benefits of technological develop-
16
ment in the United States, and of high-capac-
17
ity, affordable broadband connectivity in par-
18
ticular, for all users of telecommunications and
19
information facilities;
20
(B) to raise, leverage, or match funding
21
from other entities, including philanthropic or-
22
ganizations, the private sector, and State and
23
local governments, to promote digital literacy,
24
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10
•HR 1412 IH
digital inclusion, and digital equity for commu-
1
nities with low rates of adoption of broadband;
2
(C) to develop programs and partnerships
3
to—
4
(i) spur greater rates of adoption of
5
broadband among covered populations;
6
(ii) collaborate with State, local, and
7
Tribal governments, Minority-serving insti-
8
tutions, other anchor institutions, and
9
stakeholders in the communications, edu-
10
cation, business, and technology fields;
11
(iii) publicize and incentivize the
12
adoption of evidence-based programs;
13
(iv) convene organizations and part-
14
nerships with related goals and interests to
15
establish problem-solving processes;
16
(v) strengthen and share best prac-
17
tices relating to—
18
(I) projects promoting digital in-
19
clusion, digital literacy, and digital eq-
20
uity; and
21
(II) regional economic develop-
22
ment;
23
(vi) support job creation and work-
24
force development; and
25
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•HR 1412 IH
(vii) support the goals of the Tribal
1
Broadband Connectivity Program; and
2
(D) to promote equitable access to, and the
3
adoption of, broadband technologies and digital
4
applications that support accessibility, tele-
5
health, distance learning, and online access to
6
governmental benefits and services, including by
7
preventing, detecting, and remedying digital
8
discrimination.
9
(3) LIMITATION.—The Foundation shall not be
10
an agency or instrumentality of the Federal Govern-
11
ment or any State or local government.
12
(4) TAX-EXEMPT
STATUS.—The Board shall
13
take all necessary and appropriate steps to ensure
14
that the Foundation is an organization that is de-
15
scribed in section 501(c) of the Internal Revenue
16
Code of 1986 and exempt from taxation under sec-
17
tion 501(a) of that Code.
18
(d) BOARD OF DIRECTORS.—
19
(1) ESTABLISHMENT.—The Foundation shall
20
be governed by a Board of Directors.
21
(2) COMPOSITION.—
22
(A) IN
GENERAL.—The Board shall be
23
composed of the ex officio members described in
24
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•HR 1412 IH
subparagraph (B) and the appointed voting
1
members described in subparagraph (C).
2
(B) EX OFFICIO MEMBERS.—
3
(i) MEMBERS.—The ex officio mem-
4
bers of the Board shall be the following in-
5
dividuals (or designees of those individ-
6
uals):
7
(I) The Secretary.
8
(II) The Assistant Secretary.
9
(III) The Chairman of the Com-
10
mission.
11
(IV) The Secretary of the Treas-
12
ury.
13
(V) The Under Secretary of Agri-
14
culture for Rural Development.
15
(ii) NONVOTING
MEMBERS.—The ex
16
officio members of the Board shall be non-
17
voting members of the Board.
18
(C) APPOINTED MEMBERS.—
19
(i)
REPRESENTATION.—The
ap-
20
pointed members of the Board shall reflect
21
a broad cross-section of stakeholders from
22
academia, industry, nonprofit and civil
23
rights
organizations,
community-based
24
practitioners of efforts to promote digital
25
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•HR 1412 IH
inclusion, State or local governments, local
1
school districts and libraries, other commu-
2
nity anchor institutions, and the philan-
3
thropic community.
4
(ii) EXPERIENCE.—Each appointed
5
member of the Board shall—
6
(I)(aa)
have
experience
pro-
7
moting digital equity, digital inclusion,
8
and digital literacy;
9
(bb) have experience in the tech-
10
nology sector;
11
(cc) have experience in the tele-
12
communications and broadband sec-
13
tor;
14
(dd) have direct experience work-
15
ing with covered populations; or
16
(ee) have research experience in
17
foundation operations; and
18
(II) to the extent practicable,
19
represent diverse regions, sectors, and
20
the communities corresponding to the
21
covered populations that are the focus
22
of the activities of the Foundation.
23
(3) CHAIR AND VICE CHAIR.—
24
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[Text truncated for display. Full text available on Congress.gov.]