Establishes: (1) a Board to oversee administration of the Trust; and (2) a Director of the Trust.
Sets forth authorized Trust uses. Obligates specified amounts for public television stations.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1023 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1023
To provide for the establishment of a Digital Opportunity Investment
Trust.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 12, 2005
Mr. Dodd (for himself, Ms. Snowe, Mr. Durbin, and Mr. Burns) introduced
the following bill; which was read twice and referred to the Committee
on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To provide for the establishment of a Digital Opportunity Investment
Trust.
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 Investment Trust
Act''.
SEC. 2. ORGANIZATION.
(a) In General.--There is established a nonprofit corporation to be
known as the ``Digital Opportunity Investment Trust'' (referred to in
this Act as the ``Trust'') which shall not be an agency or
establishment of the United States Government. The Trust shall be
subject to the provisions of this section, and, to the extent
consistent with this section, to the District of Columbia Nonprofit
Corporation Act (D.C. Code, section 29-501 et seq.).
(b) Funding.--
(1) In general.--There is established in the Treasury a
separate fund to be known as the ``Digital Opportunity
Investment Trust Fund'' (referred to in this Act as the ``Trust
Fund''). The Trust Fund shall contain such amounts as are
transferred to the Trust Fund under paragraph (2) and any
interest earned on the investment of amounts in the Trust Fund
under section 4.
(2) Transfer of funds.--The Secretary of the Treasury shall
in each fiscal quarter through the last quarter of fiscal year
2028, transfer from the General Fund of the Treasury to the
Trust Fund, an amount equal to 30 percent of the proceeds
received by the Federal Government during the preceding fiscal
quarter from any use (including any auction, sale, fee derived
from, or other revenue generated from) of the electromagnetic
spectrum conducted under section 309 (or any other section) of
the Communications Act of 1934 (47 U.S.C. 309 (j)) (or any
other provision of Federal law) after September 30, 2007.
(c) Board of Directors; Functions, and Duties.--
(1) Board.--
(A) In general.--A board of directors of the Trust
(referred to in this Act as the ``Board'') shall be
established to oversee the administration of the Trust.
Such Board shall consist of 9 members to be appointed
by the President, by and with the advice and consent of
the Senate, who--
(i) reflect representation from the public
and private sectors;
(ii) are not regular full-time employees of
the Federal Government;
(iii) are eminent in such fields as
telecommunications including public television,
information technology, labor and workforce
development, education, cultural and civic
affairs, or the arts and humanities;
(iv) shall provide, as nearly as
practicable, a broad representation of various
regions of the United States, various
professions and occupations, and various kinds
of talent and experience appropriate to the
functions and responsibilities of the Trust;
and
(v) shall be responsible for establishing
the priorities and funding obligations of the
Trust.
(B) Initial members.--The initial members of the
Board shall serve as incorporators of the Trust and
shall take whatever actions are necessary to establish
the Trust under the District of Columbia Nonprofit
Corporation Act (D.C. Code, section 29-501 et seq.).
(C) Recommendations.--The Majority Leader of the
Senate, the Minority Leader of the Senate, the Speaker
of the House of Representatives, and the Minority
Leader of the House of Representatives shall jointly
submit to the President recommendations of individuals,
selected from nominations submitted to Congress from
associations representing the fields of science and
learning relative to the work of the Board, to serve as
members of the Board.
(D) Terms of appointment.--
(i) Date.--Members of the Board shall be
appointed not later than 90 days after the date
of enactment of this Act.
(ii) Terms.--
(I) In general.--Except as provided
in subclause (II), each member of the
Board shall be appointed for a 6-year
term with terms set to expire in non-
Federal election years.
(II) Staggered terms.--With respect
to the initial members of the Board--
(aa) 3 members shall serve
for a term of 6 years;
(bb) 3 members shall serve
for a term of 4 years; and
(cc) 3 members shall serve
for a term of 2 years.
(iii) Vacancies.--A vacancy in the
membership of the Board shall not affect the
Board's powers, and shall be filled in the same
manner as the original member was appointed.
(E) Chair and vice-chair.--
(i) Selection.--The Board shall select,
from among the members of the Board, an
individual to serve for a 2-year term as Chair
of the Board and an individual to serve for a
2-year term as vice-Chair of the Board.
(ii) Consecutive terms.--An individual may
not serve for more than 2 consecutive terms as
Chair of the Board.
(F) Meetings.--
(i) First meeting.--Not later than 30 days
after the date on which all of the members of
the Board have been confirmed by the Senate,
the Chair of the Board shall call the first
meeting of the Board.
(ii) Quorum.--A majority of the members of
the Board shall constitute a quorum, but a
lesser number of members may hold hearings.
(G) Board personnel matters.--
(i) Compensation.--Members of the Board
shall not receive compensation, allowances, or
benefits by reason of the members' service on
the Board.
(ii) Travel expenses.--The members of the
Board shall be allowed travel expenses,
including per diem in lieu of subsistence, at
rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes
or regular places of business in the
performance of services for the Board.
(H) Solicitation of advice.--The Board from time to
time may solicit advice from--
(i) the Secretary of Health and Human
Services;
(ii) the Secretary of Commerce;
(iii) the Secretary of Education;
(iv) the Secretary of Agriculture;
(v) the Secretary of Defense;
(vi) the Secretary of Energy;
(vii) the Secretary of Homeland Security;
(viii) the Secretary of the Interior;
(ix) the Secretary of Labor;
(x) the Administrator of the National
Aeronautics and Space Administration;
(xi) the Director of the National Security
Agency;
(xii) the Director of the National Science
Foundation;
(xiii) the Director of the Office of
Science and Technology Policy;
(xiv) the Director of the National
Endowment for the Arts;
(xv) the Director of the National Endowment
for the Humanities;
(xvi) the Director of the Institute of
Museum and Library Services;
(xvii) the Librarian of Congress; and
(xviii) the President and Chief Executive
Officer of the Corporation for Public
Broadcasting.
(2) Director.--A majority of the members of the Board shall
select a Director of the Trust who shall serve at the
discretion of the Board and shall be responsible for
instituting procedures to carry out the policies and priorities
established by the Board, and for hiring all personnel of the
Trust. The rate of compensation of the Director and personnel
shall be fixed by the Board.
(d) Trust Fund Uses.--
(1) Uses of funds.--To achieve the objectives of this Act,
the Director of the Trust, after consultation with the Board,
may use Trust funds--
(A) to support the digitization of collections and
other significant holdings of the nation's
universities, museums, libraries, public television
stations, and other cultural institutions;
(B) to support basic and applied research,
including demonstrations of innovative learning and
assessment systems as well as the components and tools
needed to create them;
(C) to use the research results developed under
subparagraph (B) to create prototype applications
designed to meet learning objectives in a variety of
subject areas and designed for learners with many
different educational needs, including--
(i) strengthening instruction in reading,
science, mathematics, history, and the arts in
elementary and secondary schools, community
colleges, and other colleges and universities;
(ii) providing the training needed for
people now in the workplace to advance in a
constantly changing work environment; and
(iii) developing new applications for life-
long learning in non-traditional learning
environments such as libraries, museums, senior
and community centers, and public television
and radio;
(D) to conduct assessments of legal, regulatory,
and other issues that must be resolved to ensure rapid
development and use of advanced learning technologies;
and
(E) to coordinate and disseminate information about
initiatives throughout the Federal Government that
focus on uses of technology in education and learning.
(2) Contracts and grants.--
(A) In general.--In order to carry out the
activities described in paragraph (1), the Director of
the Trust, with the agreement of a majority of the
members of the Board, may award contracts and grants to
nonprofit public institutions (with or without private
partners) and for-profit organizations and individuals.
(B) Public domain.--
(i) In general.--The research and
development properties and materials associated
with a project in which a majority of the
funding used to carry out the project is from a
grant or contract under this Act shall be
freely and nonexclusively available to the
general public.
(ii) Exemption.--The Director of the Trust
may exempt specific projects from the
requirement of clause (i) if the Director of
the Trust and a majority of the members of the
Board determine that the general public will
benefit significantly in the long run due to
the project not being freely and nonexclusively
available to the general public.
(C) Evaluation of proposals.--To the extent
practicable, proposals for such contracts or grants
shall be evaluated on the basis of comparative merit by
panels of experts who represent diverse interests and
perspectives, and who are appointed by the Director of
the Trust from recommendations from the fields served
and the Board of Directors.
(3) Cooperation.--The Director of the Trust, after
consultation with the Board, may cooperate with business,
industry, philanthropy, noncommercial education broadcast,
television and radio licensees and permittees, and local and
national public service institutions, including in activities
that seek to enhance the work of such public service
institutions by seeking new ways to put telecommunications and
information technologies to work in their areas of interest.
SEC. 3. ACCOUNTABILITY AND REPORTING.
(a) Report.--
(1) In general.--Not later than April 30 of each year, the
Director of the Trust shall prepare a report for the preceding
fiscal year that contains the information described in
paragraph (2).
(2) Contents.--A report under paragraph (1) shall include--
(A) a comprehensive and detailed report of the
Trust's operations, activities, financial condition,
and accomplishments, and such recommendations as the
Director of the Trust determines appropriate; and
(B) a comprehensive and detailed inventory of funds
distributed from the Trust Fund during the fiscal year
for which the report is being prepared.
(3) Statement of the board.--Each report under paragraph
(1) shall include a statement from the Board containing--
(A) a clear description of the plans and priorities
of the Board for the subsequent 5-year period for
expenditures from the Trust Fund; and
(B) an estimate of the funds that will be available
for such expenditures from the Trust Fund.
(4) Submission to the president and congress.--A report
under this subsection shall be submitted to the President and
the appropriate committees of Congress.
(b) Testimony.--The Chair of the Board, other members of the Board,
and the Director and principal officers of the Trust shall testify
before the appropriate committees of Congress, upon request of such
committees, with respect to--
(1) a report prepared under subsection (a)(1); and
(2) any other matter that such committees may determine
appropriate.
SEC. 4. INVESTMENT OF TRUST FUNDS.
(a) In General.--The Secretary of the Treasury, after consultation
with the Board, shall invest the funds of the Trust Fund in interest-
bearing obligations of the United States or in obligations guaranteed
as to both principal and interest by the United States.
(b) Expenditures.--
(1) In general.--The Director of the Trust shall not
undertake grant or contract activities under this Act until the
Trust has received the interest or other proceeds from the
investment of the Trust Funds for not less than 1 year's
duration. Thereafter, upon Board approval of the annual budget
of the Trust, the Director of the Trust may commence such grant
or contract activities at the start of each fiscal year.
(2) Obligation of funds.--
(A) In general.--Except as provided in subparagraph
(B), in awarding grants or contracts or making other
expenditures under this Act, the Director of the Trust
shall not obligate funds from the Trust that exceed the
proceeds received from the investment of the funds in
the Trust Fund during the preceding fiscal year.
(B) Carry over.--Funds from the Trust Fund that are
available for obligation for a fiscal year that are not
obligated for such fiscal year shall remain available
for obligation for the succeeding fiscal year.
SEC. 5. SPECIAL ACCOUNT FOR DISTRIBUTION TO PUBLIC TELEVISION STATIONS.
(a) Reservation.--An amount equivalent to 21 percent of the
interest derived from the investment proceeds referred to in section
2(b)(2) shall be reserved in a special account within the Trust Fund
for distribution on a regular basis to those noncommercial educational
television broadcast stations (as defined in section 397(6) of the
Communications Act of 1934 (47 U.S.C. 397(6)) that are qualified to
receive grants from the Corporation for Public Broadcasting pursuant to
section 396(k)(6)(B) of such Act (47 U.S.C. 396(k)(6)(B)) and to the
Public Broadcasting Service in partnership with such stations.
(b) Responsibility for Distribution.--The Director of the Trust
shall--
(1) through a special contract, designate the Corporation
for Public Broadcasting as the sole agent responsible for the
distribution of funds under this section; and
(2) transfer the funds referred to in subsection (a) to the
Corporation for Public Broadcasting on a regular basis.
(c) Grants.--In making the distribution referred to in subsection
(a), the Corporation for Public Broadcasting shall utilize a
competitive grant application process that is governed by criteria that
ensures that funds are directed to the creation of locally delivered
digital education and learning services and ensures that a diversity of
licensee types and geographic service areas are adequately served. The
Corporation for Public Broadcasting shall develop such criteria in
consultation with public television licensees, permitees, and
representatives designated by their national organizations.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S5156-5157)
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