§ 9631. National Center for Research in Advanced Information and Digital Technologies
(a) Establishment
(b) Purpose
(c) Funding
(1) Authorization of appropriations
(2) Additional fundsThe Center is authorized—
(A) to accept funds from any Federal agency or entity;
(B) to accept, hold, administer, and spend any gift, devise, or bequest of real or personal property made to the Center; and
(C) to enter into competitive contracts with individuals, public or private organizations, professional societies, and government agencies for the purpose of carrying out the functions of the Center.
(3) Prohibition
(d) Board of Directors; vacancies; compensation
(1) In general
(2) Initial compositionThe initial Board shall consist of nine members to be appointed by the Secretary of Education from recommendations received from the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate, who—
(A) reflect representation from the public and private sectors;
(B) 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 Center;
(C) shall not be in a position to benefit financially directly from the contracts and grants to eligible institutions under subsection (f)(2); and
(D) may not be officers or employees of the Federal Government or a Members of Congress serving at the time of such appointment.
(3) Vacancies and subsequent appointmentsTo the extent not inconsistent with paragraph (2), in the case of a vacancy on the Board due to death, resignation, or removal, the vacancy shall be filled through nomination and selection by the sitting members of the Board after—
(A) taking into consideration the composition of the Board; and
(B) soliciting recommendations from the public.
(4) Compensation
(5) Organization and operation
(e) Director and staff
(1) Director
(2)
(3) Compensation
(f) Center activities
(1) Uses of fundsThe Director, after consultation with the Board, shall use the funds made available to the Center—
(A) to support research to improve education, teaching, and learning that is in the public interest, but that is determined unlikely to be undertaken entirely with private funds;
(B) to support—
(i) precompetitive research, development, and demonstrations;
(ii) assessments of prototypes of innovative digital learning and information technologies, as well as the components and tools needed to create such technologies; and
(iii) pilot testing and evaluation of prototype systems described in clause (ii); and
(C) to encourage the widespread adoption and use of effective, innovative digital approaches to improving education, teaching, and learning.
(2) Contracts and grants
(A) In general
(B) Public domain
(i) In general
(ii) ExemptionThe Director may waive the requirements of clause (i) with respect to a project funded by a grant or contract under this section if—(I) the Director and the Board (by a unanimous vote of the Board members) determine that the general public will benefit significantly due to the project not being freely and nonexclusively available to the general public in a timely manner; and(II) the Board issues a public statement as to the specific reasons of the determination under subclause (I).
(C) Peer review
(g) Accountability and reporting
(1) Report
(A) In general
(B) ContentsA report under subparagraph (A) shall include—
(i) a comprehensive and detailed report of the Center’s operations, activities, financial condition, and accomplishments, and such recommendations as the Director determines appropriate;
(ii) evidence of coordination with the Department of Education, the National Science Foundation, Office of the Assistant Secretary of Defense for Research and Engineering in the Department of Defense, and other related Federal agencies to carry out the operations and activities of the Center;
(iii) a comprehensive and detailed inventory of funds distributed from the Center during the fiscal year for which the report is being prepared; and
(iv) an independent audit of the Center’s finances and operations, and of the implementation of the goals established by the Board.
(C) Statement of the BoardEach report under subparagraph (A) shall include a statement from the Board containing—
(i) a clear description of the plans and priorities of the Board for the subsequent year for activities of the Center; and
(ii) an estimate of the funds that will be expended by the Center for such year.
(2) TestimonyThe Director and principal officers of the Center shall testify before the authorizing committees and the Committees on Appropriations of the House of Representatives and the Senate, upon request of such committees, with respect to—
(A) any report required under paragraph (1)(A); and
(B) any other matter that such committees may determine appropriate.
(h) Use of funds subject to appropriations
(i) DefinitionsFor purposes of this section:
(1) Authorizing committees
(2) Board
(3) Center
(4) Director
(Pub. L. 110–315, title VIII, § 802, Aug. 14, 2008, 122 Stat. 3446; Pub. L. 112–239, div. A, title X, § 1076(c)(2)(A)(vii), Jan. 2, 2013, 126 Stat. 1950.)