Page:United States Statutes at Large Volume 122.djvu/3471

 12 2 STA T .34 4 8PUBLIC LA W 11 0– 31 5— AU G .14 , 2008 (B)tosup po r t — ( i )pr ec o m petiti v e rese a rc h,d eve l opme n t, and dem - onstrations (ii) assessments o f protot y pes of innovative di g ital learning and information technologies, as w ell as the components and tools needed to create such tech- nologies; and (iii) pilot testing and evaluation of prototype sys- tems descri b ed in clause (ii); and ( C ) to encourage the widespread adoption and use of effective, innovative digital approaches to improving edu- cation, teaching, and learning . ( 2 )C ONTRAC T S AN DG RANTS.— ( A ) I NG E NERA L .— T o carry out the activities described in paragraph ( 1 ), the D irector, with the agreement of two- thirds of the members of the Board, may award, on a competitive basis, contracts and grants to four-year institu- tions of higher education, museums, libraries, nonprofit organi z ations, public institutions with or without for-profit partners, for-profit organizations, and consortia of any such entities. (B) PUB L I CDO M AIN.— (i) IN GENERAL.—The research and development properties and materials associated with any pro j ect funded by a grant or contract under this section shall be freely and none x clusively available to the general public in a timely manner, consistent with regulations prescribed by the S ecretary of E ducation. (ii) E X EM P TION.—The Director may waive the re q uirements 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 avail- able 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 RE V IE W .—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. (g) ACCOUNTABILIT Y AND R EPORTING.— (1) REPORT.— (A) IN GENERAL.— N ot later than December 30 of each year beginning in fiscal year 200 9, the Director shall pre- pare and submit to the Secretary of Education and the authorizing committees a report that contains the informa- tion described in subparagraph (B) with respect to the preceding fiscal year. (B) CONTENTS.—A report under subparagraph (A) shall include— Grants.Co ntra c ts.

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