-CITE-

2 USC CHAPTER 27 - SOUND RECORDING PRESERVATION BY THE

LIBRARY OF CONGRESS 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 27 - SOUND RECORDING PRESERVATION BY THE LIBRARY OF

CONGRESS

.

-HEAD-

CHAPTER 27 - SOUND RECORDING PRESERVATION BY THE LIBRARY OF

CONGRESS

-MISC1-

SUBCHAPTER I - NATIONAL RECORDING REGISTRY

Sec.

1701. National Recording Registry of the Library of Congress.

1702. Duties of Librarian of Congress.

(a) Establishment of criteria and procedures.

(b) Publication of sound recordings in the Registry.

1703. Seal of the National Recording Registry.

(a) In general.

(b) Use of seal.

(c) Effective date of the seal.

(d) Prohibited uses of the seal.

(e) Remedies for violations.

1704. National Recording Registry Collection of the Library of

Congress.

(a) In general.

(b) Acquisition of quality copies.

(c) Property of United States.

SUBCHAPTER II - NATIONAL SOUND RECORDING PRESERVATION PROGRAM

1711. Establishment of program by Librarian of Congress.

(a) In general.

(b) Contents of program specified.

1712. Promoting accessibility and public awareness of sound

recordings.

SUBCHAPTER III - NATIONAL RECORDING PRESERVATION BOARD

1721. Establishment.

1722. Appointment of members.

(a) Selections from lists submitted by organizations.

(b) Other members.

(c) Chair.

(d) Term of office.

1723. Service of members; meetings.

(a) Reimbursement of expenses.

(b) Conflict of interest.

(c) Meetings.

(d) Quorum.

1724. Responsibilities of Board.

(a) Review and recommendation of nominations for

National Recording Registry.

(b) Study and report on sound recording preservation

and restoration.

1725. General powers of Board.

(a) In general.

(b) Service on Foundation.

SUBCHAPTER IV - GENERAL PROVISIONS

1741. Definitions.

1742. Staff; experts and consultants.

(a) Staff.

(b) Experts and consultants.

1743. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 36 section 152402.

-CITE-

2 USC SUBCHAPTER I - NATIONAL RECORDING REGISTRY 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 27 - SOUND RECORDING PRESERVATION BY THE LIBRARY OF

CONGRESS

SUBCHAPTER I - NATIONAL RECORDING REGISTRY

.

-HEAD-

SUBCHAPTER I - NATIONAL RECORDING REGISTRY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1724 of this title.

-CITE-

2 USC Sec. 1701 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 27 - SOUND RECORDING PRESERVATION BY THE LIBRARY OF

CONGRESS

SUBCHAPTER I - NATIONAL RECORDING REGISTRY

-HEAD-

Sec. 1701. National Recording Registry of the Library of Congress

-STATUTE-

The Librarian of Congress shall establish the National Recording

Registry for the purpose of maintaining and preserving sound

recordings that are culturally, historically, or aesthetically

significant.

-SOURCE-

(Pub. L. 106-474, title I, Sec. 101, Nov. 9, 2000, 114 Stat. 2085.)

-MISC1-

SHORT TITLE

Pub. L. 106-474, Sec. 1, Nov. 9, 2000, 114 Stat. 2085, provided

that: ''This Act (enacting this chapter and chapter 1524 of Title

36, Patriotic and National Observances, Ceremonies, and

Organizations) may be cited as the 'National Recording Preservation

Act of 2000'.''

-CITE-

2 USC Sec. 1702 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 27 - SOUND RECORDING PRESERVATION BY THE LIBRARY OF

CONGRESS

SUBCHAPTER I - NATIONAL RECORDING REGISTRY

-HEAD-

Sec. 1702. Duties of Librarian of Congress

-STATUTE-

(a) Establishment of criteria and procedures

For purposes of carrying out this subchapter, the Librarian shall

-

(1) establish criteria and procedures under which sound

recordings may be included in the National Recording Registry,

except that no sound recording shall be eligible for inclusion in

the National Recording Registry until 10 years after the

recording's creation;

(2) establish procedures under which the general public may

make recommendations to the National Recording Preservation Board

established under subchapter III of this chapter regarding the

inclusion of sound recordings in the National Recording Registry;

and

(3) determine which sound recordings satisfy the criteria

established under paragraph (1) and select such recordings for

inclusion in the National Recording Registry.

(b) Publication of sound recordings in the Registry

The Librarian shall publish in the Federal Register the name of

each sound recording that is selected for inclusion in the National

Recording Registry.

-SOURCE-

(Pub. L. 106-474, title I, Sec. 102, Nov. 9, 2000, 114 Stat. 2085.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1703 of this title.

-CITE-

2 USC Sec. 1703 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 27 - SOUND RECORDING PRESERVATION BY THE LIBRARY OF

CONGRESS

SUBCHAPTER I - NATIONAL RECORDING REGISTRY

-HEAD-

Sec. 1703. Seal of the National Recording Registry

-STATUTE-

(a) In general

The Librarian shall provide a seal to indicate that a sound

recording has been included in the National Recording Registry and

is the Registry version of that recording.

(b) Use of seal

The Librarian shall establish guidelines for approval of the use

of the seal provided under subsection (a) of this section, and

shall include in the guidelines the following:

(1) The seal may only be used on recording copies of the

Registry version of a sound recording.

(2) The seal may be used only after the Librarian has given

approval to those persons seeking to apply the seal in accordance

with the guidelines.

(3) In the case of copyrighted mass distributed, broadcast, or

published works, only the copyright legal owner or an authorized

licensee of that copyright owner may place or authorize the

placement of the seal on any recording copy of the Registry

version of any sound recording that is maintained in the National

Recording Registry Collection in the Library of Congress.

(4) Anyone authorized to place the seal on any recording copy

of any Registry version of a sound recording may accompany such

seal with the following language: ''This sound recording is

selected for inclusion in the National Recording Registry by the

Librarian of Congress in consultation with the National Recording

Preservation Board of the Library of Congress because of its

cultural, historical, or aesthetic significance.''.

(c) Effective date of the seal

The use of the seal provided under subsection (a) of this section

with respect to a sound recording shall be effective beginning on

the date the Librarian publishes in the Federal Register (in

accordance with section 1702(b) of this title) the name of the

recording, as selected for inclusion in the National Recording

Registry.

(d) Prohibited uses of the seal

(1) Prohibition on distribution and exhibition

No person may knowingly distribute or exhibit to the public a

version of a sound recording or any copy of a sound recording

which bears the seal described in subsection (a) of this section

if such recording -

(A) is not included in the National Recording Registry; or

(B) is included in the National Recording Registry but has

not been approved for use of the seal by the Librarian pursuant

to the guidelines established under subsection (b) of this

section.

(2) Prohibition on promotion

No person may knowingly use the seal described in subsection

(a) of this section to promote any version of a sound recording

or recording copy other than a Registry version.

(e) Remedies for violations

(1) Jurisdiction

The several district courts of the United States shall have

jurisdiction, for cause shown, to prevent and restrain violations

of subsection (d) of this section.

(2) Relief

(A) Removal of seal

Except as provided in subparagraph (B), relief for violation

of subsection (d) of this section shall be limited to the

removal of the seal from the sound recording involved in the

violation.

(B) Fine and injunctive relief

In the case of a pattern or practice of the willful violation

of subsection (d) of this section, the court may order a civil

fine of not more than $10,000 and appropriate injunctive

relief.

(3) Limitation of remedies

The remedies provided in this subsection shall be the exclusive

remedies under this chapter, or any other Federal or State law,

regarding the use of the seal described in subsection (a) of this

section.

-SOURCE-

(Pub. L. 106-474, title I, Sec. 103, Nov. 9, 2000, 114 Stat. 2086.)

-CITE-

2 USC Sec. 1704 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 27 - SOUND RECORDING PRESERVATION BY THE LIBRARY OF

CONGRESS

SUBCHAPTER I - NATIONAL RECORDING REGISTRY

-HEAD-

Sec. 1704. National Recording Registry Collection of the Library of

Congress

-STATUTE-

(a) In general

All copies of sound recordings on the National Recording Registry

that are received by the Librarian under subsection (b) of this

section shall be maintained in the Library of Congress and be known

as the ''National Recording Registry Collection of the Library of

Congress''. The Librarian shall by regulation and in accordance

with title 17 provide for reasonable access to the sound recordings

and other materials in such collection for scholarly and research

purposes.

(b) Acquisition of quality copies

(1) In general

The Librarian shall seek to obtain, by gift from the owner, a

quality copy of the Registry version of each sound recording

included in the National Recording Registry.

(2) Limit on number of copies

Not more than one copy of the same version or take of any sound

recording may be preserved in the National Recording Registry.

Nothing in the preceding sentence may be construed to prohibit

the Librarian from making or distributing copies of sound

recordings included in the Registry for purposes of carrying out

this Act.

(c) Property of United States

All copies of sound recordings on the National Recording Registry

that are received by the Librarian under subsection (b) of this

section shall become the property of the United States Government,

subject to the provisions of title 17.

-SOURCE-

(Pub. L. 106-474, title I, Sec. 104, Nov. 9, 2000, 114 Stat. 2087.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b)(2), is Pub. L. 106-474, Nov.

9, 2000, 114 Stat. 2085, known as the National Recording

Preservation Act of 2000, which enacted this chapter and chapter

1524 (Sec. 152401 et seq.) of Title 36, Patriotic and National

Observances, Ceremonies, and Organizations. For complete

classification of this Act to the Code, see Short Title note set

out under section 1701 of this title and Tables.

-CITE-

2 USC SUBCHAPTER II - NATIONAL SOUND RECORDING

PRESERVATION PROGRAM 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 27 - SOUND RECORDING PRESERVATION BY THE LIBRARY OF

CONGRESS

SUBCHAPTER II - NATIONAL SOUND RECORDING PRESERVATION PROGRAM

.

-HEAD-

SUBCHAPTER II - NATIONAL SOUND RECORDING PRESERVATION PROGRAM

-CITE-

2 USC Sec. 1711 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 27 - SOUND RECORDING PRESERVATION BY THE LIBRARY OF

CONGRESS

SUBCHAPTER II - NATIONAL SOUND RECORDING PRESERVATION PROGRAM

-HEAD-

Sec. 1711. Establishment of program by Librarian of Congress

-STATUTE-

(a) In general

The Librarian shall, after consultation with the National

Recording Preservation Board established under subchapter III of

this chapter, implement a comprehensive national sound recording

preservation program, in conjunction with other sound recording

archivists, educators and historians, copyright owners, recording

industry representatives, and others involved in activities related

to sound recording preservation, and taking into account studies

conducted by the Board.

(b) Contents of program specified

The program established under subsection (a) of this section

shall -

(1) coordinate activities to assure that efforts of archivists

and copyright owners, and others in the public and private

sector, are effective and complementary;

(2) generate public awareness of and support for these

activities;

(3) increase accessibility of sound recordings for educational

purposes;

(4) undertake studies and investigations of sound recording

preservation activities as needed, including the efficacy of new

technologies, and recommend solutions to improve these practices;

and

(5) utilize the audiovisual conservation center of the Library

of Congress at Culpeper, Virginia, to ensure that preserved sound

recordings included in the National Recording Registry are stored

in a proper manner and disseminated to researchers, scholars, and

the public as may be appropriate in accordance with title 17 and

the terms of any agreements between the Librarian and persons who

hold copyrights to such recordings.

-SOURCE-

(Pub. L. 106-474, title I, Sec. 111, Nov. 9, 2000, 114 Stat. 2087.)

-CITE-

2 USC Sec. 1712 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 27 - SOUND RECORDING PRESERVATION BY THE LIBRARY OF

CONGRESS

SUBCHAPTER II - NATIONAL SOUND RECORDING PRESERVATION PROGRAM

-HEAD-

Sec. 1712. Promoting accessibility and public awareness of sound

recordings

-STATUTE-

The Librarian shall carry out activities to make sound recordings

included in the National Recording Registry more broadly accessible

for research and educational purposes and to generate public

awareness and support of the Registry and the comprehensive

national sound recording preservation program established under

this subchapter.

-SOURCE-

(Pub. L. 106-474, title I, Sec. 112, Nov. 9, 2000, 114 Stat. 2088.)

-CITE-

2 USC SUBCHAPTER III - NATIONAL RECORDING PRESERVATION

BOARD 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 27 - SOUND RECORDING PRESERVATION BY THE LIBRARY OF

CONGRESS

SUBCHAPTER III - NATIONAL RECORDING PRESERVATION BOARD

.

-HEAD-

SUBCHAPTER III - NATIONAL RECORDING PRESERVATION BOARD

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1702, 1711 of this

title.

-CITE-

2 USC Sec. 1721 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 27 - SOUND RECORDING PRESERVATION BY THE LIBRARY OF

CONGRESS

SUBCHAPTER III - NATIONAL RECORDING PRESERVATION BOARD

-HEAD-

Sec. 1721. Establishment

-STATUTE-

The Librarian shall establish in the Library of Congress a

National Recording Preservation Board whose members shall be

selected in accordance with the procedures described in section

1722 of this title.

-SOURCE-

(Pub. L. 106-474, title I, Sec. 121, Nov. 9, 2000, 114 Stat. 2088.)

-CITE-

2 USC Sec. 1722 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 27 - SOUND RECORDING PRESERVATION BY THE LIBRARY OF

CONGRESS

SUBCHAPTER III - NATIONAL RECORDING PRESERVATION BOARD

-HEAD-

Sec. 1722. Appointment of members

-STATUTE-

(a) Selections from lists submitted by organizations

(1) In general

The Librarian shall request each organization described in

paragraph (2) to submit a list of three candidates qualified to

serve as a member of the Board. The Librarian shall appoint one

member from each such list, and shall designate from that list an

alternate who may attend at Board expense those meetings which

the individual appointed to the Board cannot attend.

(2) Organizations described

The organizations described in this paragraph are as follows:

(A) National Academy of Recording Arts and Sciences (NARAS).

(B) Recording Industry Association of America (RIAA).

(C) Association for Recorded Sound Collections (ARSC).

(D) American Society of Composers, Authors and Publishers

(ASCAP).

(E) Broadcast Music, Inc. (BMI).

(F) Songwriters Association (SESAC).

(G) American Federation of Musicians (AF of M).

(H) Music Library Association.

(I) American Musicological Society.

(J) National Archives and Record Administration.

(K) National Association of Recording Merchandisers (NARM).

(L) Society for Ethnomusicology.

(M) American Folklore Society.

(N) Country Music Foundation.

(O) Audio Engineering Society (AES).

(P) National Academy of Popular Music.

(Q) Digital Media Association (DiMA).

(b) Other members

In addition to the members appointed under subsection (a) of this

section, the Librarian may appoint not more than five

members-at-large. The Librarian shall select an alternate for each

member-at-large, who may attend at Board expense those meetings

that the member-at-large cannot attend.

(c) Chair

The Librarian shall appoint one member of the Board to serve as

Chair.

(d) Term of office

(1) Terms

The term of each member of the Board shall be 4 years, except

that there shall be no limit to the number of terms that any

individual member may serve.

(2) Removal of member of organization

The Librarian shall have the authority to remove any member of

the Board (or, in the case of a member appointed under subsection

(a)(1) of this section, the organization that such member

represents) if the member or organization over any consecutive

2-year period fails to attend at least one regularly scheduled

Board meeting.

(3) Vacancies

A vacancy in the Board shall be filled in the manner in which

the original appointment was made under subsection (a) of this

section, except that the Librarian may fill the vacancy from a

list of candidates previously submitted by the organization or

organizations involved. Any member appointed to fill a vacancy

shall be appointed for the remainder of the term of the member's

predecessor.

-SOURCE-

(Pub. L. 106-474, title I, Sec. 122, Nov. 9, 2000, 114 Stat. 2088.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1721 of this title.

-CITE-

2 USC Sec. 1723 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 27 - SOUND RECORDING PRESERVATION BY THE LIBRARY OF

CONGRESS

SUBCHAPTER III - NATIONAL RECORDING PRESERVATION BOARD

-HEAD-

Sec. 1723. Service of members; meetings

-STATUTE-

(a) Reimbursement of expenses

Members of the Board shall serve without pay, but may receive

travel expenses, including per diem in lieu of subsistence, in

accordance with sections 5702 and 5703 of title 5.

(b) Conflict of interest

The Librarian shall establish rules and procedures to address any

potential conflict of interest between a member of the Board and

responsibilities of the Board.

(c) Meetings

The Board shall meet at least once each fiscal year. Meetings

shall be at the call of the Librarian.

(d) Quorum

Eleven members of the Board shall constitute a quorum for the

transaction of business.

-SOURCE-

(Pub. L. 106-474, title I, Sec. 123, Nov. 9, 2000, 114 Stat. 2089.)

-CITE-

2 USC Sec. 1724 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 27 - SOUND RECORDING PRESERVATION BY THE LIBRARY OF

CONGRESS

SUBCHAPTER III - NATIONAL RECORDING PRESERVATION BOARD

-HEAD-

Sec. 1724. Responsibilities of Board

-STATUTE-

(a) Review and recommendation of nominations for National Recording

Registry

(1) In general

The Board shall review nominations of sound recordings

submitted to it for inclusion in the National Recording Registry

and advise the Librarian, as provided in subchapter I of this

chapter, with respect to the inclusion of such recordings in the

Registry and the preservation of these and other sound recordings

that are culturally, historically, or aesthetically significant.

(2) Source of nominations

The Board shall consider for inclusion in the National

Recording Registry nominations submitted by the general public as

well as representatives of sound recording archives and the sound

recording industry (such as the guilds and societies representing

sound recording artists) and other creative artists.

(b) Study and report on sound recording preservation and

restoration

The Board shall conduct a study and issue a report on the

following issues:

(1) The current state of sound recording archiving,

preservation and restoration activities.

(2) Taking into account the research and other activities

carried out by or on behalf of the National Audio-Visual

Conservation Center at Culpeper, Virginia -

(A) the methodology and standards needed to make the

transition from analog ''open reel'' preservation of sound

recordings to digital preservation of sound recordings; and

(B) standards for access to preserved sound recordings by

researchers, educators, and other interested parties.

(3) The establishment of clear standards for copying old sound

recordings (including equipment specifications and equalization

guidelines).

(4) Current laws and restrictions regarding the use of archives

of sound recordings, including recommendations for changes in

such laws and restrictions to enable the Library of Congress and

other nonprofit institutions in the field of sound recording

preservation to make their collections available to researchers

in a digital format.

(5) Copyright and other laws applicable to the preservation of

sound recordings.

-SOURCE-

(Pub. L. 106-474, title I, Sec. 124, Nov. 9, 2000, 114 Stat. 2089.)

-CITE-

2 USC Sec. 1725 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 27 - SOUND RECORDING PRESERVATION BY THE LIBRARY OF

CONGRESS

SUBCHAPTER III - NATIONAL RECORDING PRESERVATION BOARD

-HEAD-

Sec. 1725. General powers of Board

-STATUTE-

(a) In general

The Board may, for the purpose of carrying out its duties, hold

such hearings, sit and act at such times and places, take such

testimony, and receive such evidence, as the Librarian and the

Board consider appropriate.

(b) Service on Foundation

Two sitting members of the Board shall be appointed by the

Librarian and shall serve as members of the board of directors of

the National Recording Preservation Foundation, in accordance with

section 152403 of title 36.

-SOURCE-

(Pub. L. 106-474, title I, Sec. 125, Nov. 9, 2000, 114 Stat. 2090.)

-CITE-

2 USC SUBCHAPTER IV - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 27 - SOUND RECORDING PRESERVATION BY THE LIBRARY OF

CONGRESS

SUBCHAPTER IV - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER IV - GENERAL PROVISIONS

-CITE-

2 USC Sec. 1741 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 27 - SOUND RECORDING PRESERVATION BY THE LIBRARY OF

CONGRESS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1741. Definitions

-STATUTE-

As used in this chapter:

(1) The term ''Librarian'' means the Librarian of Congress.

(2) The term ''Board'' means the National Recording

Preservation Board.

(3) The term ''sound recording'' has the meaning given such

term in section 101 of title 17.

(4) The term ''publication'' has the meaning given such term in

section 101 of title 17.

(5) The term ''Registry version'' means, with respect to a

sound recording, the version of a recording first published or

offered for mass distribution whether as a publication or a

broadcast, or as complete a version as bona fide preservation and

restoration activities by the Librarian, an archivist other than

the Librarian, or the copyright legal owner can compile in those

cases where the original material has been irretrievably lost or

the recording is unpublished.

-SOURCE-

(Pub. L. 106-474, title I, Sec. 131, Nov. 9, 2000, 114 Stat. 2090.)

-CITE-

2 USC Sec. 1742 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 27 - SOUND RECORDING PRESERVATION BY THE LIBRARY OF

CONGRESS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1742. Staff; experts and consultants

-STATUTE-

(a) Staff

The Librarian may appoint and fix the pay of such personnel as

the Librarian considers appropriate to carry out this chapter.

(b) Experts and consultants

The Librarian may, in carrying out this chapter, procure

temporary and intermittent services under section 3109(b) of title

5, but at rates for individuals not to exceed the daily equivalent

of the maximum rate of basic pay payable for level 15 of the

General Schedule. In no case may a member of the Board (including

an alternate member) be paid as an expert or consultant under this

section.

-SOURCE-

(Pub. L. 106-474, title I, Sec. 132, Nov. 9, 2000, 114 Stat. 2091.)

-REFTEXT-

REFERENCES IN TEXT

The General Schedule, referred to in subsec. (b), is set out

under section 5332 of Title 5, Government Organization and

Employees.

-CITE-

2 USC Sec. 1743 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 27 - SOUND RECORDING PRESERVATION BY THE LIBRARY OF

CONGRESS

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 1743. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Librarian for each

of the first 7 fiscal years beginning on or after November 9, 2000,

such sums as may be necessary to carry out this chapter, except

that the amount authorized for any fiscal year may not exceed

$250,000.

-SOURCE-

(Pub. L. 106-474, title I, Sec. 133, Nov. 9, 2000, 114 Stat. 2091.)

-CITE-