20 U.S.C. § 9631
There shall be established, during the first fiscal year for which appropriations are made available under subsection (c), a nonprofit corporation to be known as the National Center for Research in Advanced Information and Digital Technologies, which shall not be an agency or establishment of the Federal Government. The Center 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 (sec. 29-501 et seq., D.C. Official Code).
The purpose of the Center shall be to support a comprehensive research and development program to harness the increasing capacity of advanced information and digital technologies to improve all levels of learning and education, formal and informal, in order to provide Americans with the knowledge and skills needed to compete in the global economy.
There are authorized to be appropriated to the Center such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.
The Center is authorized-
The Center shall not accept gifts, devises, or bequests from a foreign government or foreign source.
A Board of the Center shall be established to oversee the administration of the Center.
The 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-
To 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-
Members of the Board shall serve without compensation but may be reimbursed for reasonable expenses for transportation, lodging, and other expenses directly related to their duties as members of the Board.
The Board shall incorporate and operate the Center in accordance with the laws governing tax exempt organizations in the District of Columbia.
The Board shall appoint a Director of the Center after conducting a national, competitive search to find an individual with the appropriate expertise, experience, and knowledge to oversee the operations of the Center.
In accordance with procedures established by the Board, the Director shall employ individuals to carry out the functions of the Center.
In no case shall the Director or any employee of the Center receive annual compensation that exceeds an amount equal to the annual rate payable for level II of the Executive Schedule under section 5313 of title 5.
The Director, after consultation with the Board, shall use the funds made available to the Center-
To carry out the activities described in paragraph (1), the Director, with the agreement of two-thirds of the members of the Board, may award, on a competitive basis, contracts and grants to four-year institutions of higher education, museums, libraries, nonprofit organizations, public institutions with or without for-profit partners, for-profit organizations, and consortia of any such entities.
The research and development properties and materials associated with any project funded by a grant or contract under this section shall be freely and nonexclusively available to the general public in a timely manner, consistent with regulations prescribed by the Secretary of Education.
The Director may waive the requirements of clause (i) with respect to a project funded by a grant or contract under this section if-
Proposals for grants or contracts 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 based on recommendations from the fields served and from the Board.
Not later than December 30 of each year beginning in fiscal year 2009, the Director shall prepare and submit to the Secretary of Education and the authorizing committees a report that contains the information described in subparagraph (B) with respect to the preceding fiscal year.
A report under subparagraph (A) shall include-
Each report under subparagraph (A) shall include a statement from the Board containing-
The 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-
The authority to award grants, enter into contracts, or otherwise expend funds under this section is subject to the availability of amounts deposited into the Center under subsection (c), or amounts otherwise appropriated for such purposes by an Act of Congress.
For purposes of this section:
The term "authorizing committees" has the meaning given the term in section 1003 of this title.
The term "Board" means the Board of the Center appointed under subsection (d)(1).
The term "Center" means the National Center for Research in Advanced Information and Digital Technologies established under subsection (a).
The term "Director" means the Director of the Center appointed under subsection (e)(1).
20 U.S.C. § 9631
EDITORIAL NOTES
REFERENCES IN TEXTThe District of Columbia Nonprofit Corporation Act, referred to in subsec. (a), is Pub. L. 87-569, Aug. 6, 1962, 76 Stat. 265, which is not classified to the Code.
CODIFICATIONSection was enacted as part of the Higher Education Opportunity Act, and not as part of Pub. L. 107-279 which comprises this chapter.
AMENDMENTS2013-Subsec. (g)(1)(B)(ii). Pub. L. 112-239 substituted "Assistant Secretary of Defense for Research and Engineering" for "Director of Defense Research and Engineering".