Page:United States Statutes at Large Volume 106 Part 1.djvu/759

 PUBLIC LAW 102-325—JULY 23, 1992 106 STAT. 727 "(D) The institution's or consortium's technological capability to share its collection of periodicals and other research materials published outside the United States with other institutions of higher education, with public or nonprofit institutions, and with individual scholars. "(E) The institution's or consortium's budget and staff capability to build, maintain, and service periodicals and other research materisds published outside the United States. "(2) SUFFICIENT SIZE. —The Secretary shall award grants under this section of sufficient size to enable an institution or consortium to— "(A) substantially improve its collection of foreign periodicals and other research materials published outside the United States; and "(B) contribute to a comprehensive national base of foreign language materials for students and scholars. "(d) WRITTEN AGREEMENT. — "(1) AGREEMENT REQUIRED. —Prior to the awarding of grants authorized under subsection (c), each recipient institution or consortium shall file a formal written agreement with the Secretary which outlines their collecting responsibilities regarding periodicals and other research materials published outside the United States and ensures public access. "(2) FUNDING LIMITATION.—NO funds from grants authorized \mder subsection (c) may be used by a recipient institution or consortium to acquire and process periodicals and other research materials published outside the United States other than that specified in the agreement filed with the Secretsiry under paragraph (1). "(e) COPYRIGHT. — Nothing in this section shall be considered to amend, affect, or define the provisions of title 17, United States Code, relating to cop5rright. "SEC. 608. SELECTION OF CERTAIN GRANT RECIPIENTS. 20 USC 1125b. "(a) COMPETITIVE GRANTS.—The Secretary shall award grants under section 602 competitively on the basis of criteria that separately, but not less rigorously, evaluates the applications for comprehensive and undergraduate language and area centers and programs. "(b) SELECTION CRITERIA. — The Secretary shall set criteria for grants awarded under section 602 by which a determination of exceUence shall be made to meet the differing objectives of graduate and undergraduate institutions. "(c) EQUITABLE DISTRIBUTION OF GRANTS. — The Secretary shall, to the extent practicable, award grants under this part (other than section 602) in such manner as to achieve an equitable distribution of funds throughout the United States, based on the merit of a proposal with peer review by broadly representative professionals. «SEC. 609. EQUITABLE DISTRIBUTION OF CERTAIN FUNDS. 20 USC 1126. "(a) SELECTION CRITERIA. —The Secretary shall make exceUence the criterion for selection of grants awarded under section 602. "(b) EQUITABLE DISTRIBUTION. — To the extent practicable and consistent with the criterion of exceUence, the Secretary shall award grants under this part (other than section 602) in such a manner as wUl achieve an equitable distribution of funds throughout the Nation,

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