Act as the ‘‘Center’’) which shall not be an agency or es-
tablishment of the United States 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 (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 ‘‘Na-
tional Center for Learning Science and Technology 
Trust Fund’’ (referred to in this Act as the ‘‘Trust 
Fund’’). The Trust Fund shall contain such 
amounts as are credited to the Trust Fund under 
paragraph (2) and other funds obtained under para-
graph (3). 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the 
Trust Fund such sums as may be necessary for the 
fiscal years 2008 through 2012. 
(3) ADDITIONAL FUNDS.—The Trust Fund is 
authorized— 
(A) to accept funds from any Federal 
agency or entity; 
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(B) to accept, hold, administer, invest, and 
spend any gift, devise, or bequest of real or per-
sonal property made to the Center; and 
(C) to enter into contracts with individ-
uals, public or private organizations, profes-
sional societies, and government agencies for 
the purpose of carrying out the functions of the 
Center. 
(c) BOARD OF DIRECTORS; FUNCTIONS, AND DU-
TIES.— 
(1) IN GENERAL.—A board of directors of the 
Center (referred to in this Act as the ‘‘Board’’) shall 
be established to oversee the administration of the 
Center. Such Board shall consist of 9 members to be 
appointed by the Secretary of Education, who— 
(A) reflect representation from the public 
and private sectors; and 
(B) shall provide, as nearly as practicable, 
a broad representation of various regions of the 
United States, various professions and occupa-
tions, and various kinds of talent and experi-
ence appropriate to the functions and respon-
sibilities of the Center. 
(2) 
ORGANIZATION
AND
OPERATION.—The 
board shall incorporate and operate the center in ac-
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cordance with the laws governing tax exempt organi-
zations in the District of Columbia. 
(d) TRUST FUND USES.— 
(1) USES OF FUNDS.—To achieve the objectives 
of this Act, the Director of the Center, after con-
sultation with the Board, may use Trust funds— 
(A) to support basic and applied research 
development and demonstrations of innovative 
learning and assessment systems as well as the 
components and tools needed to create them; 
(B) to support the testing and evaluation 
of these systems; and 
(C) to encourage the widespread adoption 
and use of effective approaches to learning. 
(2) CONTRACTS AND GRANTS.— 
(A) IN GENERAL.—In order to carry out 
the activities described in paragraph (1), the 
Director of the Center, with the agreement of 
a majority of the members of the Board, may 
award contracts and grants to colleges and uni-
versities, museums, libraries, public broad-
casting entities and similar nonprofit organiza-
tions and public institutions (with or without 
private partners). 
(B) PUBLIC DOMAIN.— 
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(i) IN GENERAL.—The research and 
development properties and materials asso-
ciated 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 in a timely 
manner. 
(ii) EXEMPTION.—The Director of the 
Center may exempt specific projects from 
the requirement of clause (i) if the Direc-
tor of the Center and a majority of the 
members of the Board determine that the 
general public will benefit significantly due 
to the project not being freely and non-
exclusively available to the general public 
in a timely manner. 
(C) PEER REVIEW.—To the extent prac-
ticable, proposals for grants or contracts shall 
be evaluated on the basis of comparative merit 
by panels of experts who represent diverse in-
terests and perspectives, and who are appointed 
by the Director of the Center from rec-
ommendations from the fields served and from 
the Board of Directors. 
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(e) ACCOUNTABILITY AND REPORTING.— 
(1) REPORT.— 
(A) IN GENERAL.—Not later than April 30 
of each year, the Director of the Center shall 
prepare a report for the preceding fiscal year 
that contains the information described in sub-
paragraph (B). 
(B) CONTENTS.—A report under subpara-
graph (A) shall include— 
(i) a comprehensive and detailed re-
port of the Center’s operations, activities, 
financial condition, and accomplishments, 
and such recommendations as the Director 
of the Center determines appropriate; 
(ii) a comprehensive and detailed in-
ventory of funds distributed from the 
Trust Fund during the fiscal year for 
which the report is being prepared; and 
(iii) an independent audit of the Trust 
Fund’s finances and operations, and of the 
implementation of the goals established by 
the Board. 
(C) STATEMENT
OF
THE
BOARD.—Each 
report under subparagraph (A) shall include a 
statement from the Board containing— 
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(i) a clear description of the plans and 
priorities of the Board for the subsequent 
5-year period for expenditures from the 
Trust Fund; and 
(ii) an estimate of the funds that will 
be available for such expenditures from the 
Trust Fund. 
(D) SUBMISSION TO THE PRESIDENT AND 
CONGRESS.—A report under this subsection 
shall be submitted to the President and the 
Committee on Education and Labor of the 
House of Representatives and the Committee 
on Health, Education, Labor, and Pensions of 
the Senate. 
(2) TESTIMONY.—The Director and principal 
officers of the Center shall testify before the appro-
priate committees of Congress, upon request of such 
committees, with respect to— 
(A) a report prepared under paragraph 
(1)(A); and 
(B) any other matter that such committees 
may determine appropriate. 
(f) USE OF FUNDS SUBJECT TO APPROPRIATIONS.— 
The authority to make grants or enter into contracts or 
otherwise to expend funds under this section is subject to 
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