Digital Opportunity Foundation Act of 2026
- Bill Number
- S. 4592
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Science, Technology, Communications
- Status
- Introduced
- Latest Action
- 2026-05-20: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- Last Updated
- 2026-06-23T16:30:35Z
AI-Generated Summary
Digital Opportunity Foundation Act of 2026 (S. 4592)
Purpose
This legislation establishes the Foundation for Digital Opportunity as a nonprofit entity to supplement federal efforts by the National Telecommunications and Information Administration (NTIA) and the Federal Communications Commission (FCC) in promoting digital inclusion, digital literacy, and broadband adoption. Its mission focuses on raising funds from private and other sources to support communities with low rates of technology adoption, without replacing existing government programs.
Key Provisions
- Definitions: Clarifies terms such as "digital inclusion" (activities ensuring access to affordable broadband, devices, and training), "digital literacy" (skills for using technology securely), "covered populations," and various institutions like minority-serving institutions and community anchor institutions.
- Establishment Process: Directs the Secretary of Commerce to form a temporary Committee within 90 days to incorporate the Foundation as a nonprofit under state law, appoint initial board members, and ensure tax-exempt status under section 501(c) of the Internal Revenue Code. The Committee terminates after 180 days.
- Governance: Creates a Board of Directors with ex officio nonvoting members (e.g., Secretary of Commerce, Assistant Secretary for Communications and Information, FCC Chairman) and at least 15 appointed voting members from sectors including academia, industry, nonprofits, community practitioners, governments, anchor institutions, and philanthropy. Terms are up to 5 years, with limits on sequential service.
- Activities: Authorizes grants for digital literacy and adoption projects; studies and competitions; training programs; stakeholder engagement; for-profit subsidiaries for economic development (e.g., impact investment funds, business incubators); supplemental programs like conferences and data collection; evaluations; and support for Tribal Broadband Connectivity Program grants if federal appropriations are insufficient.
- Administration: Requires an Executive Director, a strategic plan within one year, biennial public reports, annual audits, conflict-of-interest procedures, and intellectual property standards. Exempts the Foundation from the Federal Advisory Committee Act and the Anti-Deficiency Act for its activities.
- Support and Limitations: Allows the Secretary to provide facilities and services; permits fund transfers to the Department of Commerce; and states the Foundation is not a federal agency or instrumentality.
Significant Changes to Existing Law
- Introduces a new independent nonprofit structure to leverage private funding for digital equity initiatives, distinct from direct federal programs like the Broadband Equity, Access, and Deployment Program or the Universal Service Fund.
- Creates exemptions from standard federal rules, including liability protections for the United States regarding Foundation debts or actions, and non-application of certain appropriations restrictions.
- Modifies oversight by allowing the Assistant Secretary to amend Foundation bylaws via rulemaking under the Administrative Procedure Act.
Potential Impacts
- Government Agencies: NTIA, FCC, and the Department of Commerce gain a partner for resource leveraging and program support but maintain separation, with no administrative control over Foundation operations. Agencies may provide facilities and expertise.
- Citizens: Aims to increase broadband adoption and digital skills among covered populations, potentially improving access to telehealth, education, government services, and economic opportunities, with emphasis on rural, Tribal, older, and underserved communities.
- International Relations: No direct provisions or impacts identified in the legislation.
Main Stakeholders Affected
- Federal entities including the Department of Commerce, NTIA, FCC, and other agencies with ex officio board roles.
- Community groups such as covered populations, community anchor institutions, minority-serving institutions, Tribal governments, libraries, schools, and civil rights organizations.
- Private sector participants including industry, philanthropy, startups, and for-profit partners in subsidiaries.
- Institutions of higher education and practitioners focused on digital inclusion.
Notable Legal, Constitutional, or Political Implications
- Ensures tax-exempt status and nonprofit operation independent of government control, with full faith and credit of the United States not extending to Foundation obligations.
- Establishes conflict-of-interest rules, financial disclosures, and third-party evaluations to maintain integrity.
- Requires transparency through public reports, audits accessible to the Comptroller General, and strategic plans submitted to congressional committees.
- Includes provisions for periodic evaluations by the Comptroller General every five years and authorization of appropriations for establishment and operations starting in fiscal year 2027.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2026-05-20: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- 2026-05-20: Introduced in Senate
Bill Versions
- Digital Opportunity Foundation Act of 2026 — issued 2026-05-20 — PDF (33 pages)