Page:United States Statutes at Large Volume 94 Part 2.djvu/109

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-374—OCT. 3, 1980

94 STAT. 1387

ESTABLISHMENT

"SEC. 242. There is established a nonprofit corporation, to be known as the National Periodical System Corporation, which shall not be considered an agency or establishment of the United States Government. The Corporation shall be subject to the provisions of this part, and to the extent consistent with this Act, to the laws of the jurisdiction where incorporated.

National Periodical System Corporation. 20 USC 1047a.

FUNCTIONS OF THE CORPORATION

"SEC. 243. (a) The Corporation shall assess the feasibility and 20 USC i047b. advisability of a national system and, if feasible and advisable, design such a system to provide reliable and timely document delivery from a comprehensive collection of periodical literature. A design may be implemented by the Corporation only in accordance with the provisions of section 248. "(b) Any design for a national periodical system shall include provisions for such system to— "(1) acquire current and past issues of periodicals, and to preserve and maintain a dedicated collection of such documents; "(2) provide information on periodicals to which the system can insure access, including those circulated from private sector sources, and cooperate in efforts to improve bibliographic and physical access to periodicals; "(3) make such periodicals available through libraries, by loan, photoreproduction or other means; "(4) cooperate with and participate in international borrowing and lending activities as may be appropriate for such purposes; "(5) ensure that copyright owners who do not wish to participate in such system are not required to participate; "(6) ensure that copyright fees are fixed by the copyright owners for any reproduction or dissemination of a document delivered through the system; "(7) complement and not duplicate activities in the private sector to provide access to periodical literature; "(8) ensure, to the maximum extent feasible, that such system not adversely affect the publication and distribution of current periodicals, particularly scholarly periodicals of small circulation; and "(9) ensure coordination with existing programs to distribute periodical literature, including programs of regional libraries and programs of interlibrary loan and library networks. "(c) Any design shall include provisions for the role, if any, of the Corporation in the governance, administration, and operation of the system. "(d) Any design shall be accompanied by an estimate of the cost for each fiscal year of carrying out the system proposed in the design. BOARD OF DIRECTORS

"SEC. 244. (a) The Corporation shall have a Board of Directors, consisting of fifteen members, including fourteen members appointed by the President, by and with the advice and consent of the Senate, and the Director of the Corporation. "(b) The members of the Board appointed by the President shall be equitably representative of the needs and interests of the Government, academic and research communities, libraries, publishers, the

Appointments. 20 USC 1047c.