S. 4592

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4592 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
2d Session
S. 4592

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

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

May 20, 2026

Mr. Lujan (for himself and Mr. Markey) introduced the following bill; 
which was read twice and referred to the Committee on Commerce, 
Science, and Transportation

_______________________________________________________________________

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.
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