S. 1023Senate109th Congress (2005-2007)In Committee

Digital Opportunity Investment Trust Act

Introduced May 12, 2005

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S5156-5157)

May 12, 2005

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SenateIntro Referral

Introduced in Senate

May 12, 2005

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S5156-5157)

May 12, 2005

Floor Debate

20 members

What members said about S. 1023 on the floor

9 Republicans10 Democrats1 Independent
Edward M. Kennedy
Sen. Edward M. KennedyD-MA · May 12, 2005

Mr. President, it is time for a new effort in Congress to enact the Patients' Bill of Rights. The Senate has approved major bipartisan legislation to end the abuses of managed care and HMOs before,…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · May 12, 2005

Mr. President, I rise today to introduce the Homeland Security FORWARD Funding Act of 2005. I am pleased to be joined by my colleague from Texas, Senator John Cornyn, as well as Senators Lautenberg,…

Jack Reed
Sen. Jack ReedD-RI · May 12, 2005

Mr. President, today I introduce two bills to expand access to college. I am pleased to be joined in this effort by Senators Collins, Kennedy, and Murray. We are slated to reauthorize the Higher…

Paul S. Sarbanes
Sen. Paul S. SarbanesD-MD · May 12, 2005

Mr. President, I am pleased to introduce the Federal Employee Commuter Benefits Act of 2005, which is cosponsored by my colleagues Senators Mikulski and Warner. This bill will guarantee transit…

Norm Coleman
Sen. Norm ColemanR-MN · May 12, 2005

Mr. President, today I am introducing legislation to help the United States compete in an increasingly global economy in order to keep and to grow good paying, high quality jobs here at home. I am…

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John McCain
Sen. John McCainR-AZ · May 12, 2005

Mr. President, after more than 5 months of work, I am pleased to be joined by Senators Kennedy, Brownback, Lieberman, Graham, and Salazar in introducing the Secure America and Orderly Immigration…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · May 12, 2005

Mr. President, I rise today to offer the Supporting Our Patriotic Businesses Act. This bill addresses some key concerns I have regarding the impact that military call-ups have on our Nation's small…

James M. Jeffords
Sen. James M. JeffordsI-VT · May 12, 2005

Mr. President, I have long been a proponent of measures that support historic preservation and economic development, and it is in keeping with that tradition that I rise today to introduce the…

John Cornyn
Sen. John CornynR-TX · May 12, 2005

Mr. President, I rise today to join with my colleague, Senator Dianne Feinstein of California and other of our distinguished colleagues in introducing The Homeland Security FORWARD Funding Act of…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · May 12, 2005

Mr. President, I rise today to introduce the Welcome Home G.I. Bill. Similar to the GI Bill for soldiers returning from World War II, this Welcome Home G.I Bill establishes a program of benefits…

Maria Cantwell
Sen. Maria CantwellD-WA · May 12, 2005

Mr. President, I rise today to reintroduce the Electric Reliability Act of 2005, which I am pleased to introduce with my colleagues, Senator Clinton and Senator Jeffords. This legislation would give…

Lincoln Chafee
Sen. Lincoln ChafeeR-RI · May 12, 2005

Mr. President, I rise today to introduce legislation reauthorizing appropriations for the Water Resources Research Act. The Chairman and Ranking Member of the Senate Committee on Environment and…

Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · May 12, 2005

Mr. President, today I am introducing the Military Personnel Financial Services Education Act of 2005. Senator Collins, my colleague on the Armed Services Committee, has agreed to cosponsor this…

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Gordon H. Smith
Sen. Gordon H. SmithR-OR · May 12, 2005

Mr. President, water and energy are precious resources that we must manage as efficiently as possible. That is why I am joining with my colleagues Senator Lincoln and Finance Chairman Grassley to…

Michael B. Enzi
Sen. Michael B. EnziR-WY · May 12, 2005

Mr. President I rise today to introduce the Workforce Investment Act Amendments of 2005. I am pleased to be joined in this important effort by Senator Kennedy, the Ranking Member of the Health,…

Susan M. Collins
Sen. Susan M. CollinsR-ME · May 12, 2005

Mr. President, I am pleased to join with Senator Clinton on legislation that will address the persistent problems that we have experienced with the sale of inappropriate life insurance and investment…

Mary L. Landrieu
Sen. Mary L. LandrieuD-LA · May 12, 2005

Mr. President, today I rise to introduce legislation, The Stewardship for our Coasts and Opportunities for Reliable Energy Act--SCORE Act--which will ensure that offshore energy development on the…

Jim DeMint
Sen. Jim DeMintR-SC · May 12, 2005

Mr. President, I rise today to introduce The Health Care Choice Act of 2005, a bill that would help Americans afford health insurance. Approximately 45 million Americans lack health insurance. These…

Barbara Boxer
Sen. Barbara BoxerD-CA · May 12, 2005

Mr. President, at the end of 2002, the Maritime Transportation Security Act became law. I was a member of the conference committee on that bill, and I think it was a good first step in improving…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · May 12, 2005

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · May 12, 2005

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

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Introduced in SenateIssued May 12, 2005

II

109th CONGRESS

1st Session

S. 1023

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.

1.

Short title

This Act may be cited as the Digital Opportunity Investment Trust Act.

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.

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.

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.

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.