Judicial Improvements Act of 1990
PL 101-650 (H.R.5316), enacted 12/01/1990

PUBLIC LAW 101-650—DEC. 1, 1990 
104 STAT. 5089 
Public Law 101-650 
101st Congress 
An Act 
To provide for the appointment of additional Federal circuit and district judges, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That this Act may 
be cited as the "Judicial Improvements Act of 1990". 
TITLE I—CIVIL JUSTICE EXPENSE AND 
DELAY REDUCTION PLANS 
SEC. 101. SHORT TITLE. 
This title may be cited as the "Civil Justice Reform Act of 1990". 
SEC. 102. FINDINGS. 
The Congress makes the following findings: 
(1) The problems of cost and delay in civil litigation in any 
United States district court must be addressed in the context of 
the full range of demands made on the district court's resources 
by both civil and criminal matters. 
(2) The courts, the litigants, the litigants' attorneys, and the 
Congress and the executive branch, share responsibility for cost 
and delay in civil litigation and its impact on access to the 
courts, adjudication of cases on the merits, and the ability of the 
civil justice system to provide proper and timely judicial relief 
for aggrieved parties. 
(3) The solutions to problems of cost and delay must include 
significant contributions by the courts, the litigants, the liti-
gants' attorneys, and by the Congress and the executive branch. 
(4) In identifying, developing, and implementing solutions to 
problems of cost and delay in civil litigation, it is necessary to 
achieve a method of consultation so that individual judicial 
officers, litigants, and litigants' attorneys who have developed 
techniques for litigation management and cost and delay reduc-
tion can effectively and promptly communicate those tech-
niques to all participants in the civil justice system. 
(5) Evidence suggests that an effective litigation management 
and cost and delay reduction program should incorporate sev-
eral interrelated principles, including— 
(A) the differential treatment of cases that provides for 
individualized and specific management according to their 
needs, complexity, duration, and probable litigation careers; 
(B) early involvement of a judicial officer in planning the 
progress of a case, controlling the discovery process, and 
scheduling hearings, trials, and other litigation events; 
(C) regular communication between a judicial officer and 
attorneys during the pretrial process; and 
Dec. 1,1990 
[H.R. 5316] 
Judicial 
Improvements 
Act of 1990. 
Courts. 
28 u s e 1 note. 
Civil Justice 
Reform Act of 
1990. 
28 u s e 1 note. 
28 u s e 471 note. 
49-139 O - 90 (650) 
104 STAT. 5090 
PUBLIC LAW 101-650—DEC. 1, 1990 
(D) utilization of alternative dispute resolution programs 
in appropriate cases. 
(6) Because the increasing volume and complexity of civil and 
criminal cases imposes increasingly heavy workload burdens on 
judicial officers, clerks of court, and other court personnel, it is 
necessary to create an effective administrative structure to 
ensure ongoing consultation and communication regarding 
effective litigation management and cost and delay reduction 
principles and techniques. 
SEC. 103. AMENDMENTS TO TITLE 28, UNITED STATES CODE. 
(a) CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS.—Title 
28, United States Code, is amended by inserting after chapter 21 the 
following new chapter: 
"CHAPTER 23—CIVIL JUSTICE EXPENSE AND DELAY 
REDUCTION PLANS 
"Sec. 
"471. Requirement for a district court civil justice expense and delay reduction 
plan. 
"472. Development and implementation of a civil justice expense and delay reduc-
tion plan. 
"473. Content of civil justice expense and delay reduction plans. 
"474. Review of district court action. 
"475. Periodic district court assessment. 
"476. Enhancement of judicial information dissemination. 
"477. Model civil justice expense and delay reduction plan. 
"478. Advisory groups. 
"479. Information on litigation management and cost and delay reduction. 
"480. Training programs. 
"481. Automated case information. 
"482. Definitions. 
"§ 471. Requirement for a district court civil justice expense and 
delay reduction plan 
"There shall be implemented by each United States district court, 
in accordance with this title, a civil justice expense and delay 
reduction plan. The plan may be a plan developed by such district 
court or a model plan developed by the Judicial Conference of the 
United States. The purposes of each plan are to facilitate deliberate 
adjudication of civil cases on the merits, monitor discovery, improve 
litigation management, and ensure just, speedy, and inexpensive 
resolutions of civil disputes. 
"§ 472. Development and implementation of a civil justice expense 
and delay reduction plan 
"(a) The civil justice expense and delay reduction plan imple-
mented by a district court shall be developed or selected, as the case 
may be, after consideration of the recommendations of an advisory 
group appointed in accordance with section 478 of this title. 
Reports. 
"Qo) The advisory group of a United States district court shall 
submit to the court a report, which shall be made available to the 
public and which shall include— 
"(1) an assessment of the matters referred to in subsection 
(c)(1); 
"(2) the basis for its recommendation that the district court 
develop a plan or select a model plan; 
"(3) recommended measures, rules and programs; and 
PUBLIC LAW 101-650—DEC. 1, 1990 
104 STAT. 5091 
"(4) an explanation of the manner in which the recommended 
plan complies with section 473 of this title. 
"(c)(1) In developing its recommendations, the advisory group of a 
district court shall promptly complete a thorough assessment of the 
state of the court's civil and criminal dockets. In performing the 
assessment for a district court, the advisory group shall— 
"(A) determine the condition of the civil and criminal dockets; 
"(B) identify trends in case filings and in the demands being 
placed on the court's resources; 
"(C) identify the principal causes of cost and delay in civil 
litigation, giving consideration to such potential causes as court 
procedures and the ways in which litigants and their attorneys 
approach and conduct litigation; and 
"(D) examine the extent to which costs and delays could be 
reduced by a better assessment of the impact of new legislation 
on the courts. 
"(2) In developing its recommendations, the advisory group of a 
district court shall take into account the particular needs and 
circumstances of the district court, litigants in such court, and the 
litigants' attorneys. 
"(3) The advisory group of a district court shgill ensure that its 
recommended actions include significant contributions to be made 
by the court, the litigants, and the litigants' attorneys toward 
reducing cost and delay and thereby facilitating access to the courts. 
"(d) The chief judge of the district court shall transmit a copy of 
the plan implemented in accordance with subsection (a) and the 
report prepared in accordance with subsection (b) of this section to— 
"(1) the Director of the Administrative Office of the United 
States Courts; 
"(2) the judicial council of the circuit in which the district 
court is located; and 
"(3) the chief judge of each of the other United States district 
courts located in such circuit. 
"§ 473. Content of civil justice expense and delay reduction plans 
"(a) In formulating the provisions of its civil justice expense and 
delay reduction plan, each United States district court, in consulta-
tion with an advisory group appointed under section 478 of this title, 
shall consider and may include the following principles and guide-
lines of litigation management and cost and delay reduction: 
"(1) systematic, differential treatment of civil cases that tai-
lors the level of individualized and case specific management to 
such criteria as case complexity, the amount of time reasonably 
needed to prepare the C£ise for trial, and the judicial and other 
resources required and avsiilable for the preparation and dis-
position of the case; 
"(2) early and ongoing control of the pretrial process through 
involvement of a judicisd officer in— 
"(A) assessing and planning the progress of a case; 
"(B) setting early, firm trial dates, such that the trial is 
scheduled to occur within eighteen months after the filing 
of the complaint, unless a judicial officer certifies that— 
"(i) the demands of the case and its complexity make 
such a trial date incompatible with serving the ends of 
justice; or 
104 STAT. 5092 
PUBLIC LAW 101-650—DEC. 1, 1990 
"(ii) the trial cannot reasonably be held within such 
time because of the complexity of the case or the 
number or complexity of pending criminal cases; 
"(C) controlling the extent of discovery and the time for 
completion of discovery, and ensuring compliance with 
appropriate requested discovery in a timely fashion; and 
"(D) setting, at the earliest practicable time, deadlines for 
filing motions and a time framework for their disposition; 
"(3) for all cases that the court or an individual judicial officer 
determines are complex and any other appropriate cases, care-
ful and deliberate monitoring through a discovery-case manage-
ment conference or a series of such conferences at which the 
presiding judicial officer— 
"(A) explores the parties' receptivity to, and the propriety 
of, settlement or proceeding with the litigation; 
"(B) identifies or formulates the principal issues in 
contention and, in appropriate cases, provides for the 
staged resolution or bifurcation of issues for trial consistent 
with Rule 42(b) of the Federal Rules of Civil Procedure; 
"(C) prepares a discovery schedule and plan consistent 
with any presumptive time limits that a district court may 
set for the completion of discovery and with any procedures 
a district court may develop to— 
"(i) identify and limit the volume of discovery avail-
able to avoid unnecessary or unduly burdensome or 
expensive discovery; and 
"(ii) phase discovery into two or more stages; and 
"(D) sets, at the earliest practicable time, deadlines for 
filing motions and a time framework for their disposition; 
"(4) encouragement of cost-effective discovery through vol-
untary exchange of information among litigants and their attor-
neys and through the use of cooperative discovery devices; 
"(5) conservation of judicial resources by prohibiting the 
consideration of discovery motions unless accompanied by a 
certification that the moving party has made a reasonable and 
good faith effort to reach agreement with opposing counsel on 
the matters set forth in the motion; and 
"(6) authorization to refer appropriate cases to alternative 
dispute resolution programs that— 
"(A) have been designated for use in a district court; or 
"(B) the court may make available, including mediation, 
minitrial, and summary jury trial. 
"(b) In formulating the provisions of its civil justice expense and 
delay reduction plan, each United States district court, in consulta-
tion with an advisory group appointed under section 478 of this title, 
shall consider and may include the following litigation management 
and cost and delay reduction techniques: 
"(1) a requirement that counsel for each party to a case jointly 
present a discovery-case management plan for the case at the 
initial pretrial conference, or explain the reasons for their 
failure to do so; 
"(2) a requirement that each party be represented at each 
pretrial conference by an attorney who has the authority to 
bind that party regarding all matters previously identified by 
the court for discussion at the conference and all reasonably 
related matters; 
PUBLIC LAW 101-650—DEC. 1, 1990 
104 STAT. 5093 
"(3) a requirement that all requests for extensions of dead-
lines for completion of discovery or for postponement of the trial 
be signed by the attorney and the party making the request; 
"(4) a neutral evaluation program for the presentation of the 
legal and factual basis of a case to a neutral court representa-
tive selected by the court at a nonbinding conference conducted 
early in the litigation; 
"(5) a requirement that, upon notice by the court, representa-
tives of the parties with authority to bind them in settlement 
discussions be present or available by telephone during any 
settlement conference; and 
"(6) such other features as the district court considers appro-
priate after considering the recommendations of the advisory 
group referred to in section 472(a) of this title. 
"(c) Nothing in a civil justice expense and delay reduction plan 
relating to the settlement authority provisions of this section shall 
alter or conflict with the authority of the Attorney General to 
conduct litigation on behalf of the United States, or any delegation 
of the Attorney Genergil. 
"§ 474. Review of district court action 
"(a)(1) The chief judges of each district court in a circuit and the 
chief judge of the court of appeals for such circuit shall, as a 
committee— 
"(A) review each plan and report submitted pursuant to 
section 472(d) of this title; and 
"(B) make such suggestions for additional actions or modified 
actions of that district court as the committee considers appro-
priate for reducing cost and delay in civil litigation in the 
district court. 
"(2) The chief judge of a court of appeals and the chief judge of a 
district court mav designate another judge of such court to perform 
the chief judges responsibilities under paragraph (1) of this 
subsection. 
"(b) The Judicial Conference of the United States— 
"(1) shall review each plan and report submitted by a district 
court pursuant to section 472(d) of this title; and 
"(2) may request the district court to take additional action if 
the Judicial Conference determines that such court has not 
adequately responded to the conditions relevant to the civil and 
criminal dockets of the court or to the recommendations of the 
district court's advisory group. 
"§ 475. Periodic district court assessment 
"After developing or selecting a civil justice expense and delay 
reduction plan, each United States district court shall assess an-
nually the condition of the court's civil and criminal dockets with a 
view to determining appropriate additional actions that may be 
taken by the court to reduce cost and delay in civil litigation and to 
improve the litigation management practices of the court. In 
performing such assessment, the court shall consult with an ad-
visory group appointed in accordance with section 478 of this title. 
"§ 476. Enhancement of judicial information dissemination 
"(a) The Director of the Administrative Office of the United States Reports. 
Courts shall prepare a semiannual report, available to the public, 
that discloses for each judicial officer— 
,^ 
.. 
104 STAT. 5094 
PUBLIC LAW 101-650—DEC. 1, 1990 
"(1) the number of motions that have been pending for more 
than six months and the name of each case in which such 
motion has been pending; 
"(2) the number of bench trials that have been submitted for 
more than six months and the name of each case in which such 
trials are under submission; and 
"(3) the number and names of cases that have not been 
terminated within three years after filing. 
"(b) To ensure uniformity of reporting, the standards for cat-
egorization or characterization of judicial actions to be prescribed in 
accordance with section 481 of this title shall apply to the semi-
annual report prepared under subsection (a). 
"§ 477. Model civil justice expense and delay reduction plan 
"(a)(1) Based on the plans developed and implemented by the 
United States district courts designated as Early Implementation 
District Courts pursuant to section 103(c) of the Civil Justice Reform 
Act of 1990, the Judicial Conference of the United States may 
develop one or more model civil justice expense and delay reduction 
Reports. 
plans. Any such model plan shall be accompanied by a report 
explaining the manner in which the plan complies with section 473 
of this title. 
"(2) The Director of the Federal Judicial Center and the Director 
of the Administrative Office of the United States Courts may make 
recommendations to the Judicial Conference regarding the develop-
ment of any model civil justice expense and delay reduction plan. 
"(b) The Director of the Administrative Office of the United States 
Courts shall transmit to the United States district courts and to the 
Committees on the Judiciary of the Senate and the House of Rep-
resentatives copies of any model plan and accompanying report. 
"§ 478. Advisory groups 
"(a) Within ninety days after the date of the enactment of this 
chapter, the advisory group required in each United States district 
court in accordance with section 472 of this title shall be appointed 
by the chief judge of each district court, after consultation with the 
other judges of such court. 
"(b) The advisory group of a district court shall be balanced and 
include attorneys and other persons who are representative of major 
categories of litigants in such court, as determined by the chief 
judge of such court. 
"(c) Subject to subsection (d), in no event shall any member of the 
advisory group serve longer than four years. 
"(d) Notwithstanding subsection (c), the United States Attorney 
for a judicial district, or his or her designee, shall be a permanent 
member of the advisory group for that district court. 
"(e) The chief judge of a United States district court may des-
ignate a reporter for each advisory group, who may be compensated 
in accordance with guidelines established by the Judicial Conference 
of the United States. 
"(f) The members of an advisory group of a United States district 
court and any person designated as a reporter for such group shall 
be considered as independent contractors of such court when in the 
performance of official duties of the advisory group and may not, 
solely by reason of service on or for the advisory group, be prohib-
ited from practicing law before such court. 
PUBLIC LAW 101-650—DEC. 1, 1990 
104 STAT. 5095 
"§ 479. Information on litigation management and cost and delay 
reduction 
"(a) Within four years after the date of the enactment of this 
chapter, the Judicial Conference of the United States shall prepare 
a comprehensive report on all plans received pursuant to section 
472(d) of this title. The Director of the Federal Judicial Center and 
the Director of the Administrative Office of the United States 
Courts may make recommendations regarding such report to the 
Judicial Conference during the preparation of the report. The Ju-
dicial Conference shall transmit copies of the report to the United 
States district courts and to the Committees on the Judiciary of the 
Senate and the House of Representatives. 
"(b) The Judicial Conference of the United States shall, on a 
continuing basis— 
"(1) study ways to improve litigation management and dis-
pute resolution services in the district courts; and 
"(2) make recommendations to the district courts on ways to 
improve such services. 
"(c)(1) The Judicial Conference of the United States shall prepare, 
periodically revise, and transmit to the United States district courts 
a Manual for Litigation Management and Cost and Delay Reduction. 
The Director of the Federal Judicial Center and the Director of the 
Administrative Office of the United States Courts may make rec-
ommendations regarding the preparation of and any subsequent 
revisions to the Manual. 
"(2) The Manual shall be developed after careful evaluation of the 
plans implemented under section 472 of this title, the demonstration 
program conducted under section 104 of the Civil Justice Reform 
Act of 1990, and the pilot program conducted under section 105 of 
the Civil Justice Reform Act of 1990. 
"(3) The Manual shall contain a description and analysis of the 
litigation management, cost and delay reduction principles and 
techniques, and alternative dispute resolution programs considered 
most effective by the Judicial Conference, the Director of the Fed-
eral Judicial Center, and the Director of the Administrative Office 
of the United States Courts. 
"§ 480. Training programs 
"The Director of the Federal Judicial Center and the Director of 
the Administrative Office of the United States Courts shall develop 
and conduct comprehensive education and training programs to 
ensure that all judicial officers, clerks of court, courtroom deputies, 
and other appropriate court personnel are thoroughly familiar with 
the most recent available information and analyses about litigation 
management and other techniques for reducing cost and expediting 
the resolution of civil litigation. The curriculum of such training 
programs shall be periodically revised to reflect such information 
and analyses. 
"§ 481. Automated case information 
"(a) The Director of the Administrative Office of the United States 
Courts shall ensure that each United States district court has the 
automated capability readily to retrieve information about the 
status of each case in such court. 
"(b)(1) In carrying out subsection (a), the Director shall prescribe— 
Reports. 
Grovemment 
publications. 
39-194 0-91-23:QL3Part6 
104 STAT. 5096 
PUBLIC LAW 101-650—DEC. 1, 1990 
Records. 
28 use 471 note. 
28 use 471 note. 
Reports. 
"(A) the information to be recorded in district court auto-
mated systems; and 
"(B) standards for uniform categorization or characterization 
of judicial actions for the purpose of recording information on 
judicial actions in the district court automated systems. 
"(2) The uniform standards prescribed under paragraph (IXB) of 
this subsection shall include a definition of what constitutes a 
dismissal of a case and standards for measuring the period for which 
a motion has been pending. 
"(c) Each United States district court shall record information as 
prescribed pursuant to subsection (b) of this section, 
"§ 482. Definitions 
"As used in this chapter, the term 'judicial officer' means a 
United States district court judge or a United States magistrate.". 
(b) IMPLEMENTATION.—(1) Except as provided in section 105 of this 
Act, each United States district court shall, within three years after 
the date of the enactment of this title, implement a civil justice 
expense and delay reduction plan under section 471 of title 28, 
United States Code, as added by subsection (a). 
(2) The requirements set forth in sections 471 through 478 of title 
28, United States Code, as added by subsection (a), shsill remain in 
effect for seven years after the date of the enactment of this title. 
(c) EARLY IMPLEMENTATION DISTRICT COURTS.— 
(1) Any United States district court that, no earlier than 
June 30, 1991, and no later than December 31, 1991, develops 
and implements a civil justice expense and delay reduction plan 
under chapter 23 of title 28, United States Code, as added by 
subsection (a), shall be designated by the Judicial Conference of 
the United States as an Early Implementation District Court. 
(2) The chief judge of a district so designated may apply to the 
Judicial Conference for additional resources, including techno-
logical and personnel support and information systems, nec-
essary to implement its civil justice expense and delay reduction 
plan. The Judicial Conference may provide such resources out of 
funds appropriated pursuant to section 106(a). 
(3) Within 18 months after the date of the enactment of this 
title, the Judicial Conference shall prepare a report on the plans 
developed and implemented by the Early Implementation Dis-
trict Ck)urts. 
(4) The Director of the Administrative Office of the United 
States Courts shall transmit to the United States district courts 
and to the Committees on the Judiciary of the Senate and 
House of Representatives— 
(A) copies of the plans developed and implemented by the 
Early Implementation District Courts; 
(B) the reports submitted by such district courts pursuant 
to section 472(d) of title 28, United States Code, as added by 
subsection (a); and 
(C) the report prepared in accordance with paragraph (3) 
of this subsection. 
(d) TECHNICAL AND CONFORMING AMENDMENT.—The table of chap-
ters for part I of title 28, United States Code, is amended by adding 
at the end thereof the following: 
'23. Civil justice expense and delay reduction plans 
471". 
PUBLIC LAW 101-650—DEC. 1, 1990 
104 STAT. 5097 
SEC. 104. DEMONSTRATION PROGRAM. 
28 USC 471 note. 
(a) IN GENERAL.—(1) During the 4-year period beginning on Janu-
ary 1, 1991, the Judicial Conference of the United States shall 
conduct a demonstration program in accordance with subsection (b). 
(2) A district court participating in the demonstration program 
may also be an Early Implementation District Court under section 
103(c). 
Qo) PROGRAM REQUIREMENT.—(1) The United States District Court 
for the Western District of Michigan and the United States District 
Court for the Northern District of Ohio shall experiment with 
systems of differentiated case management that provide specifically 
for the assignment of cases to appropriate processing tracks that 
operate under distinct and explicit rules, procedures, and time-
frames for the completion of discovery and for trial. 
(2) The United States District Court for the Northern District of 
California, the United States District Court for the Northern Dis-
trict of West Virginia, and the United States District Court for the 
Western District of Missouri shall experiment with various methods 
of reducing cost and delay in civil litigation, including alternative 
dispute resolution, that such district courts and the Judicial Con-
ference of the United States shall select. 
(c) STUDY OF RESULTS.—The Judicial Conference of the United 
States, in consultation with the Director of the Federal Judicial 
Center and the Director of the Administrative Office of the United 
States Courts, shall study the experience of the district courts under 
the demonstration program. 
(d) REPORT.—Not later than December 31, 1995, the Judicial Con-
ference of the United States shall transmit to the Committees on the 
Judiciary of the Senate and the House of Representatives a report of 
the results of the demonstration program. 
SEC. 105. PILOT PROGRAM. 
28 USC 471 note. 
(a) IN GENERAL.—(1) During the 4-year period beginning on Janu-
ary 1, 1991, the Judicial Conference of the United States shall 
conduct a pilot program in accordance with subsection (b). 
(2) A district court participating in the pilot program shall be 
designated as an Early Implementation District Court under section 
103(c). 
(b) PROGRAM REQUIREMENTS.—(1) Ten district courts (in this sec-
tion referred to as "Pilot Districts") designated by the Judicial 
Conference of the United States shall implement expense and delay 
reduction plans under chapter 23 of title 28, United States Code (as 
added by section 103(a)), not later than December 31, 1991. In 
addition to complying with all other applicable provisions of chapter 
23 of title 28, United States Code (as added by section 103(a)), the 
expense and delay reduction plans implemented by the Pilot Dis-
tricts shall include the 6 principles and guidelines of litigation 
management and cost and delay reduction identified in section 
473(a) of title 28, United States Code. 
(2) At least 5 of the Pilot Districts designated by the Judicial 
Conference shall be judicial districts encompassing metropolitan 
areas. 
(3) The expense and delay reduction plans implemented by the 
Pilot Districts shall remain in effect for a period of 3 years. At the 
end of that 3-year period, the Pilot Districts shall no longer be 
required to include, in their expense and delay reduction plans, the 
104 STAT. 5098 
PUBLIC LAW 101-650—DEC. 1, 1990 
6 principles and guidelines of litigation management and cost and 
delay reduction described in paragraph (1). 
(c) PROGRAM STUDY REPORT.—-(1) Not later than December 31, 
1995, the Judicial Conference shall submit to the Committees on the 
Judiciary of the Senate and House of Representatives a report on 
the results of the pilot program under this section that includes an 
assessment of the extent to which costs and delays were reduced £is a 
result of the program. The report shall compare those results to the 
impact on costs and delays in ten comparable judicial districts for 
which the application of section 473(a) of title 28, United States 
Code, had been discretionary. That comparison shall be based on a 
study conducted by an independent organization with expertise in 
the area of Federal court management. 
(2XA) The Judicial Conference shedl include in its report a rec-
ommendation as to whether some or all district courts should be 
required to include, in their expense and delay reduction plans, the 
6 principles and guidelines of litigation management and cost and 
delay reduction identified in section 473(a) of title 28, United States 
Code. 
(B) If the Judicial Conference recommends in its report that some 
or all district courts be required to include such principles and 
guidelines in their expense and delay reduction plans, the Judicial 
Conference shall initiate proceedings for the prescription of rules 
implementing its recommendation, pursuant to chapter 131 of title 
28, United States Code. 
(C) If in its report the Judicial Conference does not recommend an 
expansion of the pilot program under subparagraph (A), the Judicial 
Conference shall identify alternative, more effective cost and delay 
reduction progrsims that should be implemented in light of the 
findings of the Judicial Conference in its report, and the Judicial 
Conference may initiate proceedings for the prescription of rules 
implementing its recommendation, pursuant to chapter 131 of title 
28, United States Code. 
SEC. 106. AUTHORIZATION. 
(a) EARLY IMPLEMENTATION DISTRICT COURTS.—There is authorized 
to be appropriated not more than $15,000,000 for fiscal year 1991 to 
carry out the resource and planning needs necessary for the im-
plementation of section 103(c). 
(b) IMPLEMENTATION OF CHAPTER 23.—There is authorized to be 
appropriated not more than $5,000,000 for fiscal year 1991 to imple-
ment chapter 23 of title 28, United States Code. 
(c) DEMONSTRATION PROGRAM.—There is authorized to be appro-
priated not more than $5,000,000 for fiscal year 1991 to carry out the 
provisions of section 104. 
Federal 
Judgeship 
Act of 1990. 
28 u s e 1 note. 
President. 
28 u s e 44 note. 
TITLE II—FEDERAL JUDGESHIPS 
SECTION 201. SHORT TITLE. 
This title may be cited as the "Federal Judgeship Act of 1990". 
SEC. 202. CIRCUIT JUDGES FOR THE CIRCUIT COURT OF APPEALS. 
(a) IN GENERAL.—The President shall appoint, by and with the 
advice and consent of the Senate— 
(1) 2 additional circuit judges for the third circuit court of 
appeals; 
PUBLIC LAW 101-650—DEC. 1, 1990 
104 STAT. 5099 
(2) 4 additional circuit judges for the fourth circuit court of 
appeals; 
(3) 1 additional circuit judge for the fifth circuit court of 
appeals; 
(4) 1 additional circuit judge for the sixth circuit court of 
appeals; 
(5) 1 additional circuit judge for the eighth circuit court of 
appeals; and 
(6) 2 additional circuit judges for the tenth circuit court of 
appeals. 
(b) TABLES.—In order that the table contained in section 44(a) of 
title 28, United States Code, will, with respect to each judicial 
circuit, reflect the changes in the total number of permanent circuit 
judgeships authorized as a result of subsection (a) of this section, 
such table is amended to read as follows: 
Number of 
"Circuits 
Judges 
District of Columbia 
12 
First 
6 
Second 
13 
Third 
14 
Fourth 
15 
Fifth 
17 
Sixth 
16 
Seventh 
11 
Eighth 
11 
Ninth 
28 
Tenth 
12 
Eleventh 
12 
Federal 
12.". 
SEC. 203. DISTRICT JUDGES FOR THE DISTRICT COURTS. 
(a) IN GENERAL.—The President shall appoint, by and with the 
President, 
advice and consent of the Senate— 
28 USC133 note. 
(1) 1 additional district judge for the western district of 
Arkansas; 
(2) 2 additional district judges for the northern district of 
California; 
(3) 5 additional district judges for the central district of 
California; 
(4) 1 additional district judge for the southern district of 
California; 
(5) 2 additional district judges for the district of Connecticut; 
(6) 2 additional district judges for the middle district of 
Florida; 
(7) 1 additional district judge for the northern district of 
Florida; 
(8) 1 additional district judge for the southern district of 
Florida; 
(9) 1 additional district judge for the middle district of 
Georgia; 
(10) 1 additional district judge for the northern district of 
Illinois; 
(11) 1 additional district judge for the southern district of 
Iowa; 
(12) 1 additional district judge for the western district of 
Louisiana; 
(13) 1 additional district judge for the district of Maine; 
104 STAT. 5100 
PUBLIC LAW 101-650—DEC. 1, 1990 
(14) 1 additional district judge for the district of Massachu-
setts; 
(15) 1 additional district judge for the southern district of 
Mississippi; 
(16) 1 additional district judge for the eastern district of 
Missouri; 
(17) 1 additional district judge for the district of New Hamp-
shire; 
(18) 3 additional district judges for the district of New Jersey; 
(19) 1 additional district judge for the district of New Mexico; 
(20) 1 additional district judge for the southern district of New 
York; 
(21) 3 additional district judges for the eastern district of New 
York; 
(22) 1 additional district judge for the middle district of North 
Carolina; 
(23) 1 additional district judge for the southern district of 
Ohio; 
(24) 1 additional district judge for the northern district of 
Oklahoma; 
(25) 1 additional district judge for the western district of 
Oklahoma; 
(26) 1 additional district judge for the district of Oregon; 
(27) 3 additional district judges for the eastern district of 
Pennsylvania; 
(28) 1 additional district judge for the middle district of 
Pennsylvania; 
(29) 1 additional district judge for the district of South 
Carolina; 
(30) 1 additional district judge for the eastern district of 
Tennessee; 
(31) 1 additional district judge for the western district of 
Tennessee; 
(32) 1 additional district judge for the middle district of 
Tennessee; 
(33) 2 additional district judges for the northern district of 
Texas; 
(34) 1 additional district judge for the eastern district of 
Texas; 
(35) 5 additional district judges for the southern district of 
Texas; 
(36) 3 additional district judges for the western district of 
Texas; 
(37) 1 additional district judge for the district of Utah; 
(38) 1 additional district judge for the eastern district of 
Washington; 
(39) 1 additional district judge for the northern district of 
West Virginia; 
(40) 1 additional district judge for the southern district of 
West Virginia; and 
(41) 1 additional district judge for the district of Wyoming. 
28 use 133 note. 
(b) EXISTING JUDGESHIPS.—(1) The existing district judgeships for 
the western district of Arkansas, the northern district of Illinois, the 
northern district of Indiana, the district of Massachusetts, the west-
ern district of New York, the eastern district of North Carolina, the 
northern district of Ohio, and the western district of Washington 
authorized by section 202(b) of the Bankruptcy Amendments and 
PUBLIC LAW 101-650—DEC. 1, 1990 
104 STAT. 5101 
Federal Judgeship Act of 1984 (Public Law 98-353, 98 Stat. 347-348) 
shall, as of the effective date of this title, be authorized under 
section 133 of title 28, United States Code, and the incumbents in 
those offices shall hold the office under section 133 of title 28, United 
States Code, as amended by this title. 
(2)(A) The existing 2 district judgeships for the eastern and west-
ern districts of Arkansas (provided by section 133 of title 28, United 
States Code, as in effect on the day before the effective date of this 
title) shall be district judgeships for the eastern district of Arkansas 
only, and the incumbents of such judgeships shall hold the offices 
under section 133 of title 28, United States Code, as amended by this 
title. 
(B) The existing district judgeship for the northern and southern 
districts of Iowa (provided by section 133 of title 28, United States 
Code, as in effect on the day before the effective date of this title) 
shall be a district judgeship for the northern district of Iowa only, 
and the incumbent of such judgeship shall hold the office under 
section 133 of title 28, United States Code, as amended by this title. 
(C) The existing district judgeship for the northern, eastern, and 
western districts of Oklahoma (provided by section 133 of title 28, 
United States Code, as in effect on the day before the effective date 
of this title) and the occupant of which has his or her official duty 
station at Oklahoma City on the date of the enactment of this title, 
shall be a district judgeship for the western district of Oklahoma 
only, and the incumbent of such judgeship shall hold the office 
under section 133 of title 28, United States Code, as amended by this 
title. 
(c) TEMPORARY JUDGESHIPS.—The President shall appoint, by and President, 
with the advice and consent of the Senate— 
28 USC133 note. 
(1) 1 additional district judge for the northern district of 
Alabama; 
(2) 1 additional district judge for the eastern district of 
California; 
(3) 1 additional district judge for the district of Hawaii; 
(4) 1 additional district judge for the central district of Illinois; 
(5) 1 additional district judge for the southern district of 
Illinois; 
(6) 1 additional district judge for the district of Kansas; 
(7) 1 additional district judge for the western district of 
Michigan; 
(8) 1 additional district judge for the eastern district of 
Missouri; 
(9) 1 additional district judge for the district of Nebraska; 
(10) 1 additional district judge for the northern district of New 
York; 
(11) 1 additional district judge for the northern district of 
Ohio; 
(12) 1 additional district judge for the eastern district of 
Pennsylvania; and 
(13) 1 additional district judge for the eastern district of 
Virginia. 
The first vacancy in the office of district judge in each of the judicial 
districts named in this subsection, occurring 5 years or more after 
the effective date of this title, shall not be filled. 
(d) TABLES.—In order that the table contained in section 133 of 
title 28, United States Code, will, with respect to each judicial 
district, reflect the changes in the total number of permanent 
104 STAT. 5102 
PUBLIC LAW 101-650—DEC. 1, 1990 
district judgeships authorized as a result of subsections (a) and (b) of 
this section, such table is amended to read as follows: 
"DISTRICTS 
JUDGES 
Alabama: 
Northern 
7 
Middle 
3 
Southern 
3 
Alaska 
3 
Arizona 
8 
Arkansas: 
Esistern 
5 
Western 
3 
California: 
Northern 
14 
Eastern 
6 
Central 
27 
Southern 
8 
Colorado 
7 
Connecticut 
8 
Delaware 
4 
District of Columbia 
15 
Florida: 
Northern 
4 
Middle 
11 
Southern 
16 
(Jeorgia: 
Northern 
11 
Middle 
4 
Southern 
3 
Hawaii 
3 
Idaho 
2 
Illinois: 
Northern 
22 
Central 
3 
Southern 
3 
Indiana: 
Northern 
5 
Southern 
5 
Iowa: 
Northern 
2 
Southern 
3 
Kansas 
5 
Kentucky: 
Eastern 
4 
Western 
4 
Eastern and Western 
1 
Louisiana: 
Eastern 
13 
Middle 
2 
Western 
7 
Maine 
3 
Maryland 
10 
Massachusetts 
13 
Michigan: 
Eastern 
15 
Western 
4 
Minnesota 
7 
Mississippi: 
Northern 
3 
Southern 
6 
Missouri: 
Eastern 
6 
Western 
5 
Eastern and Western 
2 
Montana 
3 
Nebraska 
3 
Nevada 
4 
New Hampshire 
3 
New Jersey 
17 
PUBLIC LAW 101-650—DEC. 1, 1990 
104 STAT. 5103 
New Mexico 
5 
New York: 
Northern 
4 
Southern 
28 
Eastern 
15 
Western 
4 
North Carolina: 
Eastern 
4 
Middle 
4 
Western 
3 
North Dakota 
2 
Ohio: 
Northern 
11 
Southern 
8 
Oklahoma: 
Northern 
3 
Eastern 
1 
Western 
6 
Northern, Eastern, and Western 
1 
Oregon 
6 
Pennsylvania: 
Eastern 
22 
Middle 
6 
Western 
10 
Puerto Rico 
7 
Rhode Island 
3 
South Carolina 
9 
South Dakota 
3 
Tennessee: 
Eastern 
5 
Middle 
4 
Western 
5 
Texas: 
Northern 
12 
Southern 
18 
Eastern 
7 
Western 
10 
Utah 
5 
Vermont 
2 
Virginia: 
Eastern 
9 
Western 
4 
Washington: 
Eeistern 
4 
Western 
7 
West Virginia: 
Northern 
3 
Southern 
5 
Wisconsin: 
Eastern 
4 
Western 
2 
Wyoming 
3.". 
SEC. 204. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this title, including such 
sums as may be necessary to provide appropriate space and facilities 
for the judicial positions created by this title. 
SEC. 205. STUDY BY GENERAL ACCOUNTING OFFICE. 
28 USC 331 note. 
(a) IN GENERAL.—The Comptroller General of the United States 
shall review the policies, procedures, and methodologies used by the 
Judicial Conference of the United States in recommending to the 
Congress the creation of additional Federal judgeships. In conduct-
ing such review the Comptroller General shall, at a minimum, 
determine the extent to which such policies, procedures, and 
methodologies— 
104 STAT. 5104 
PUBLIC LAW 101-650—DEC. 1, 1990 
(1) provide an accurate measure of the workload of existing 
judges; 
(2) are applied consistently to the various circuit courts of 
appeals and district courts; and 
(3) provide an accurate indicator of the need for additional 
judgeships. 
(b) REPORT TO CONGRESS.—The Comptroller (Jeneral shall, not 
later than 18 months after the date of the enactment of this Act, 
report the results of the review conducted under subsection (a) to 
the Committees on the Judiciary of the House of Representatives 
and the Senate. The report shall include such recommendations as 
the Comptroller General considers appropriate for revisions of the 
policies, procedures, and methodologies used by the Judicial Con-
ference that were reviewed in the report. 
28 u s e 44 note. 
SEC. 206. EFFECTIVE DATE. 
This title shall take effect on the date of the enactment of this 
title. 
Federal Courts 
Study 
Committee 
Implementation 
Act of 1990. 
TITLE III—IMPLEMENTATION OF FED-
ERAL COURTS STUDY COMMITTEE REC-
OMMENDATIONS 
28 u s e 1 note. 
28 u s e 620 note. 
Reports. 
Reports. 
SEC. 301. SHORT TITLE. 
This title may be cited as the "Federal Courts Study Committee 
Implementation Act of 1990". 
SEC. 302. STUDY OF INTERCIRCUIT CONFLICTS AND STRUCTURAL ALTER-
NATIVES FOR THE COURTS OF APPEALS BY FEDERAL JU-
DICIAL CENTER. 
(a) INTERCIRCUIT CONFLICTS.—The Board of the Federal Judicial 
Center is requested to conduct a study and submit to the Congress a 
report by January 1, 1992, on the number and frequency of conflicts 
among the judicial circuits in interpreting the law that remain 
unresolved because they are not heard by the Supreme Court. 
(b) FACTORS TO CONSIDER IN STUDY.—In conducting such a study, 
the Center should consider, to the extent feasible, all relevant 
factors, such as whether the conflict— 
(1) imposes economic costs or other harm on persons engaging 
in interstate commerce; 
(2) encourages forum shopping among circuits; 
(3) creates unfairness to litigants in different circuits, as in 
allowing Federal benefits in one circuit that are denied in other 
circuits; or 
(4) encourages nonacquiescence by Federal agencies in the 
holdings of the courts of appeals for different circuits, 
but is unlikely to be resolved by the Supreme Court. 
(c) STRUCTURAL ALTERNATIVES FOR THE COURTS OF APPEALS.—The 
Board of the Federal Judicial Center is requested to study the full 
range of structural alternatives for the Federal Courts of Appeals 
and submit a report on the study to the Congress and the Judicial 
Conference of the United States, no later than 2 years eifter the date 
of the enactment of this Act. 
•^**i#'^' 
PUBLIC LAW 101-650—DEC. 1, 1990 
104 STAT. 5105 
SEC. 303. EFFECT OF APPOINTMENT OF JUDGE AS DIRECTOR OF CERTAIN 
JUDICIAL BRANCH AGENCIES. 
Section 133 of title 28, United States Code, is amended— 
(1) by inserting "(a)" before "The President"; and 
(2) by adding at the end thereof the following: 
"(b)(1) In any case in which a judge of the United States (other President, 
than a senior judge) assumes the duties of a full-time office of 
Federal judicial administration, the President shall appoint, by and 
with the advice and consent of the Senate, an additional judge for 
the court on which such judge serves. If the judge who assumes the 
duties of such full-time office leaves that office and resumes the 
duties as an active judge of the court, then the President shall not 
appoint a judge to fill the first vacancy which occurs thereafter in 
that court. 
"(2) For purposes of paragraph (1), the term 'office of Federal 
judicial administration' means a position as Director of the Federal 
Judicial Center, Director of the Administrative Office of the United 
States Courts, or administrative assistant to the Chief Justice.". 
SEC. 304. EXTENSION OF TERMS OF OFFICE OF BANKRUPTCY JUDGES. 
Section 152(aXl) of title 28, United States Code, is amended by 
inserting after the third sentence the following: "However, upon the 
expiration of the term, a bankruptcy judge may, with the approval 
of the judicial council of the circuit, continue to perform the duties 
of the office until the earlier of the date which is 180 days after the 
expiration of the term or the date of the appointment of a 
successor.". 
SEC. 305. APPEALS OF JUDGMENTS, ORDERS, AND DECREES OF BANK-
RUPTCY COURTS. 
Section 158(b) of title 28, United States Code, is amended— 
(1) by redesignating paragraphs (2) and (3) as paragraphs (3) 
and (4), respectively, and 
(2) by inserting after paragraph (1) the following: 
"(2) If authorized by the Judicial Conference of the United States, 
the judicial councils of 2 or more circuits may establish a joint 
bankruptcy appellate panel comprised of bankruptcy judges from 
the districts within the circuits for which such panel is established, 
to hear and determine, upon the consent of all the parties, appeals 
under subsection (a) of this section.". 
SEC. 306. RETIREMENT SYSTEM FOR CLAIMS COURT JUDGES. 
(a) NEW RETIREMENT SYSTEM.—(1) Chapter 7 of title 28, United 
States Code, is amended by adding at the end thereof the following 
new section: 
"§ 178. Retirement of judges of the Claims Court 
"(a) A judge of the United States Claims Court who retires from 
office after attaining the age and meeting the service requirements, 
whether continuously or otherwise, of this subsection shall, subject 
to subsection (f), be entitled to receive, during the remainder of the 
judge's lifetime, an annuity equal to the salary payable to Claims 
Court judges in regular active service. The age and service require-
ments for retirement under this subsection are as follows: 
104 STAT. 5106 
PUBLIC LAW 101-650—DEC. 1,1990 
Years of 
"Attained Age: 
Service: 
65 
15 
66 
14 
67 
18 
68 
12 
69 
Ill 
70 
10. 
"(b) A judge of the Claims Court who is not reappointed following 
the expiration of the term of office of such judge, and who retires 
upon the completion of such term shall, subject to subsection (f), be 
entitled to receive, during the remainder of such judge's lifetime, an 
annuity equal to the salary payable to Claims Court judges in 
regular active service, if— 
"(1) such judge has served at least 1 full term as judge of the 
Claims Court, and 
"(2) not earlier than 9 months before the date on which the 
term of office of such judge expired, and not later than 6 months 
before such date, such judge advised the President in writing 
that such judge was willing to accept reappointment as a judge 
of the Claims Court. 
"(c) A judge of the Claims Court who has served at least 5 years, 
whether continuously or otherwise, as such a judge, and who retires 
or is removed from office upon the sole ground of mental or physical 
disability shall, subject to subsection (f), be entitled to receive, 
during the remainder of the judge's lifetime— 
"(1) an annuity equal to 50 percent of the salary payable to 
Claims Court judges in regular active service, if before retire-
ment such judge served less than 10 years, or 
"(2) an annuity equal to the salary payable to Claims Court 
judges in regular active service, if before retirement such judge 
served at least 10 years. 
"(d) A judge who retires under subsection (a) or (b) may, at or after 
such retirement, be called upon by the chief judge of the Claims 
CJourt to perform such judicial duties with the Claims Court as may 
be requested of the retired judge for any period or periods specified 
by the chief judge, except that in the case of any such judge— 
"(1) the aggregate of such periods in any one calendar year 
shall not (without his or her consent) exceed 90 calendar days; 
and 
"(2) he or she shall be relieved of performing such duties 
during any period in which illness or disability precludes the 
performance of such duties. 
Any act, or failure to act, by an individual performing judicial duties 
pursuant to this subsection shall have the same force and effect as if 
it were the act (or failure to act) of a Claims Court judge in regular 
active service. Any individual performing judicial duties pursuant to 
this subsection shall receive the allowances for official travel and 
other expenses of a judge in regular active service. 
"(e)(1) Any judge who retires under the provisions of subsection (a) 
or (b) of this section shall be designated 'senior judge'. 
"(2) Any judge who retires under this section shall not be counted 
as a judge of the Claims Court for purposes of the number of 
judgeships authorized by section 171 of this title. 
"(f)(1) A judge shall be entitled to an annuity under this section if 
the judge elects an annuity under this section by notifying the 
Director of the Administrative Office of the United States Courts in 
writing. Such an election— 
t- .•?*«?•,-xv-i* '.'"• -^-^-i' 
PUBLIC LAW 101-650—DEC. 1, 1990 
104 STAT. 5107 
"(A) may be made only while an individual is a judge of the 
Claims Court (except that in the case of an individual who fails 
to be reappointed as judge at the expiration of a term of office, 
such election may be made at any time before the day after the 
day on which his or her successor takes office); and 
"(B) once made, shall, subject to subsection (k), be irrevocable. 
"(2) A judge who elects to receive an annuity under this section 
shall not be entitled to receive— 
"(A) any annuity to which such judge would otherwise have 
been entitled under subchapter III of chapter 83, or under 
chapter 84, of title 5, for service performed as a judge or 
otherwise; 
"(B) an annuity or salary in senior status or retirement under 
section 371 or 372 of this title; 
"(C) retired pay under section 7447 of the Internal Revenue 
Code of 1986; or 
"(D) retired pay under section 4096 of title 38, 
"(g) For purposes of calculating the years of service of an individ-
ual under subsections (a) and (c), only those years of service as a 
judge of the Claims Court or a commissioner of the United States 
Court of Claims shall be credited, and that portion of the aggregate 
number of years of such service that is a fractional part of 1 year 
shall not be credited if it is less than 6 months, and shall be credited 
if it is 6 months or more. 
"(h) An annuity under this section shall be payable at the times 
and in the same manner as the salary of a Claims Court judge in 
regular active service. Such annuity shall begin to accrue on the day 
following the day on which the annuitant's salary as a judge in 
regular active service ceases to accrue. 
"(i)(l) Payments under this section which would otherwise be 
made to a judge of the Claims Court based upon his or her service 
shall be paid (in whole or in part) by the Director of the Administra-
tive Office of the United States Courts to another person if and to 
the extent expressly provided for in the terms of any court decree of 
divorce, annulment, or legal separation, or the terms of any court 
order or court-approved property settlement agreement incident to 
any court decree of divorce, annulment, or legal separation. Any 
payment under this paragraph to a person bars recovery by any 
other person. 
"(2) Paragraph (1) shall apply only to payments made by the 
Director of the Administrative Office of the United States Courts 
after the date of receipt by the Director of written notice of such 
decree, order, or agreement, and such additional information as the 
Director may prescribe. 
"(3) As used in this subsection, the term 'court' means any court of 
any State, the District of Columbia, the Commonwealth of Puerto 
Rico, Guam, the Commonwealth of the Northern Mariana Islands, 
or the Virgin Islands, and any Indian tribal court or court of Indian 
offense. 
"(j)(l) Subject to paragraph (2), any judge of the Claims Court who 
retires under this section and who thereafter in the practice of law 
represents (or supervises or directs the representation of) a client in 
making any civil claim against the United States or any agency 
thereof shall forfeit all rights to an annuity under this section for all 
periods beginning on or after the first day on which he so practices 
law. 
104 STAT. 5108 
PUBLIC LAW 101-650—DEC. 1, 1990 
"(2) If a judge of the Claims Court who retires under this section 
fails during any calendar year to perform judicial duties required of 
such judge by subsection (d), such judge shall forfeit all rights to an 
annuity under this section for the 1-year period which begins on the 
first day on which he or she so fails to perform such duties. 
"(3) If a judge of the Claims Court who retires under this section 
accepts compensation for civil office or employment under the 
Government of the United States (other than the performance of 
judicial duties under subsection (d)), such judge shall forfeit all 
rights to an annuity under this section for the period for which such 
compensation is received. 
"(4)(A) If a judge makes an election under this paragraph— 
"(i) paragraphs (1) and (2) (and subsection (d)) shall not apply 
to such judge beginning on the date such election takes effect, 
and 
"(ii) the annuity payable under this section to such judge, for 
periods beginning on or after the date such election takes effect, 
shall be equal to the annuity to which such judge is entitled on 
the day before such effective date. 
"(B) An election under subparagraph (A)— 
"(i) may be made by a judge only if such judge meets the age 
and service requirements for retirement under subsection (a), 
"(ii) may be made only during the period during which such 
judge may make an election to receive an annuity under this 
section or while the judge is receiving an annuity under this 
section, and 
"(iii) shall be filed with the Director of the Administrative 
Office of the United States Courts. 
Such an election, once it takes effect, shall be irrevocable. 
"(C) Any election under this paragraph shall take effect on the 
first day of the first month following the month in which the 
election is made. 
"(k)(l) Notwithstanding subsection (f)(1)(B), an individual who has 
filed an election under subsection (f) to receive an annuity may 
revoke such election at any time before the first day on which such 
annuity would (but for such revocation) begin to accrue with respect 
to such individual. 
"(2) Any revocation under this subsection shall be made by filing a 
notice thereof in writing with the Director of Administrative Office 
of the United States Courts. 
"(3) In the case of any revocation under this subsection— 
"(A) for purposes of this section, the individual shall be 
treated £is not having filed an election under subsection (f) to 
receive an annuity, 
"(B) for purposes of section 376 of this title— 
"(i) the individual shall be treated as not having filed an 
election under section 376(aXl), and 
"(ii) section 376(g) shall not apply, and the amount cred-
ited to such individual's account (together with interest at 3 
percent per annum, compounded on December 31 of each 
year to the date on which the revocation is filed) shall be 
returned to such individual, 
"(C) no credit shall be allowed for any service as a judge of the 
Claims Court or as a commissioner of the United States Court of 
Claims unless with respect to such service either there has been 
deducted and withheld the amount required by chapter 83 or 84 
(as the case may be) of title 5 or there has been deposited in the 
PUBLIC LAW 101-650—DEC. 1, 1990 
104 STAT. 5109 
Civil Service Retirement and Disability Fund an amount equal 
to the amount so required, with interest, 
"(D) the Claims Court shall deposit in the Civil Service Retire-
ment and Disability Fund an amount equal to the additional 
amount it would have contributed to such Fund but for the 
election under subsection (f), and 
"(E) if subparagraph (D) is complied with, service on the 
Claims Court or as a commissioner of the United States Court of 
Claims shall be treated as service with respect to which deduc-
tions and contributions had been made during the period of 
service. 
"(1)(1) There is established in the Treasury a fund which shall be 
known as the 'Claims Court Judges Retirement Fund'. The Fund is 
appropriated for the payment of annuities and other payments 
under this section. 
"(2) The Secretary of the Treasury shall invest, in interest bearing 
securities of the United States, such currently available portions of 
the Claims Court Judges Retirement Fund as are not immediately 
required for payments from the Fund. The income derived from 
these investments constitutes a part of the Fund. 
"(3)(A) There are authorized to be appropriated to the Claims 
Court Judges Retirement Fund amounts required to reduce to zero 
the unfunded liability of the Fund. 
"(B) For purposes of subparagraph (A), the term 'unfunded lia-
bility' means the estimated excess, determined on an annual basis in 
accordance with the provisions of section 9503 of title 31, of the 
present value of all benefits payable from the Claims Court Judges 
Retirement Fund, over the balance in the Fund as of the date the 
unfunded liability is determined. In making any determination 
under this subparagraph, the Comptroller General shall use the 
applicable information contained in the reports filed pursuant to 
section 9503 of title 31, with respect to the retirement annuities 
provided for in this section. 
"(C) There are authorized to be appropriated such sums as may be 
necessary to carry out this paragraph.". 
(2) The table of sections at the beginning of chapter 7 of title 28, 
United States Code, is amended by adding at the end the following 
new item: 
*"178. Retirement of judges of the Claims Court.". 
(b) JUDICIAL SURVIVORS' ANNUITIES.—Section 376 of title 28, 
United States Code, is amended as follows: 
(1) Subsection (a)(1) is amended— 
(A) by striking out "or" at the end of subparagraph (E); 
(B) by adding "or" at the end of subparagraph (F); 
(C) by inserting after subparagraph (F) the following: 
"(G) a judge of the United States Claims Court;"; 
(D) by striking out "or (v)" and inserting in lieu thereof 
"(v)"; and 
(E) by inserting before the semicolon at the end thereof 
the following: ", or (vi) the date of the enactment of the 
Federal Courts Study Committee Implementation Act of 
1990, in the case of a full-time judge of the Claims C!ourt in 
active service on that date". 
(2) Subsection (aX2) is amended— 
(A) by striking out "and" at the end of subparagraph (E); 
(B) by adding "and" at the end of subparagraph (F); and 
Appropriation 
authorization. 
Appropriation 
authorization. 
104 STAT. 5110 
PUBLIC LAW 101-650—DEC. 1, 1990 
(C) by adding at the end thereof the following: 
"(G) in the case of a judge of the United States Claims 
Court, an annuity paid under section 178 of this title;". 
(3) Subsection (b) is amended in the last sentence by striking 
out "section 377" each place it appears and inserting in each 
such place "section 178 or 377". 
(c) CIVIL SERVICE RETIREMENT SYSTEM.—(1) Section 8331 of title 5, 
United States Code, is amended— 
(A) by striking out "and" at the end of paragraph (24); 
(B) by striking out the period at the end of paragraph (25) and 
inserting in lieu thereof "; and"; and 
(C) by adding at the end thereof the following new paragraph: 
"(26) 'Claims Court judge' means a judge of the United States 
Claims Court who is appointed under chapter 7 of title 28 or 
who has served under section 167 of the Federal Courts 
Improvement Act of 1982.". 
(2) Section 8334 of title 5, United States Code, is amended— 
(A) in subsection (a)(1), by inserting "a Claims Court judge," 
after "Member,"; and 
(B) in subsection (c), by inserting at the end of the table the 
following: 
"Claims Ck)urt Judge 
21/2 
August 1, 1920, to June 30, 1926. 
31/2 
July 1, 1926, to June 30, 1942. 
5 
July 1, 1942, to June 30, 1948. 
6 
July 1, 1948, to October 31, 1956. 
6y2 
November 1, 1956, to December 31, 
1969. 
7 
January 1, 1970, to September 30, 1988. 
8 
After September 30, 1988.". 
(3) Section 8336(k) of title 5, United States Code, is amended to 
read as follows: 
"(k) A bankruptcy judge, United States magistrate, or Claims 
Court judge who is separated from service, except by removal, after 
becoming 62 years of age and completing 5 years of civilian service, 
or after becoming 60 years of age and completing 10 years of service 
as a bankruptcy judge, United States magistrate, or Claims Court 
judge, is entitled to an annuity.". 
(4) Section 8339(n) of title 5, United States Code, is amended to 
read as follows: 
"(n) The annuity of an employee who is a Claims Court judge, 
bankruptcy judge, or United States magistrate is computed, with 
respect to service as a Claims Court judge, as a commissioner of the 
Court of Claims, as a referee in bankruptcy, as a bankruptcy judge, 
as a United States magistrate, and as a United States commissioner 
and with respect to the military service of any such individual (not 
exceeding 5 years) creditable under section 8332 of this title, by 
multiplying 2y2 percent of the individual's average pay by the years 
of that service.". 
(d) THRIFT SAVINGS PLAN.—(1) Subchapter III of chapter 84 of title 
5, United States Code, is amended by adding at the end thereof the 
following: 
PUBLIC LAW 101-650—DEC. 1, 1990 
104 STAT. 5111 
"§ 8440b. Claims Court judges 
"(a)(1) A judge of the United States Claims Court who is covered 
by section 178 of title 28 may elect to contribute an amount of such 
individual's basic pay to the Thrift Savings Fund. 
"(2) An election may be made under paragraph (1) only during a 
period provided under section 8432(b) for individuals subject to this 
chapter. 
"Cb)(l) Except as otherwise provided in this subsection, the provi-
sions of this subchapter and subchapter VII shall apply with respect 
to Claims Court judges who make contributions to the Thrift Sav-
ings Fund under subsection (a) of this section. 
"(2) The amount contributed by a Claims Court judge for any pay 
period shall not exceed 5 percent of basic pay for such pay period. 
"(3) No contributions shall be made under section 8432(c) of this 
title for the benefit of a Claims Court judge making contributions 
under subsection (a) of this section. 
"(4)(A) Section 8433(b) of this title applies to a Claims Court judge 
who elects to make contributions to the Thrift Savings Fund under 
subsection (a) of this section and who retires entitled to an annuity 
under section 178 of title 28 (including a disability annuity under 
subsection (d) of such section). 
"(B) Section 8433(d) of this title applies to any Claims Court judge 
who elects to make contributions to the Thrift Savings Fund under 
subsection (a) of this section and who retires before becoming enti-
tled to £m annuity under section 178 of title 28. 
"(5) With respect to Claims Court judges to whom this section 
applies, retirement under section 178 of title 28 is a separation from 
service for purposes of this subchapter and subchapter VII. 
"(6) For purposes of this section, the terms 'retirement' and 
'retire' include removal from office under section 178(c) of title 28 on 
the sole ground of mental or physical disability. 
"(7) Sums contributed pursuant to this section by Claims Court 
judges, as well as all previous contributions to the Thrift Savings 
Fund by those judges, and earnings attributable to such sums and 
contributions, may be invested and reinvested only in the Govern-
ment Securities Investment 
Fund established 
under 
section 
8438(b)(lXA) of this title. 
"(8) In the case of a Claims Court judge who receives a distribution 
from the Thrift Savings Plan and who later receives an annuity 
under section 178 of title 28, such annuity shall be offset by an 
amount equal to the amount which represents the Government's 
contribution to that person's Thrift Savings Account, without regard 
to earnings attributable to that amount. Where such an offset would 
exceed 50 percent of the annuity to be received in the first year, the 
offset may be divided equally over the first 2 years in which that 
person receives the annuity.". 
(2) The table of sections at the beginning of chapter 84 of title 5, 
United States Code, is amended by adding at the end thereof the 
following: 
"8440b. Claims Court judges.". 
(e) TECHNICAL AND CONFORMING AMENDMENTS.—(IXA) Section 
402(1) of the Judicial Improvements and Access to Justice Act (102 
Stat. 4650) is amended by striking out "redesignating paragraph 
28 USC 604. 
(18)" and inserting in lieu thereof "redesignating paragraph (19)". 
(B) Section 604(a) of title 28, United States Code, (relating to the 
duties of the Director of the Administrative Office of the United 
104 STAT. 5112 
PUBLIC LAW 101-650—DEC. 1, 1990 
States Courts), as amended pursuant to the amendment made by 
subparagraph (A) of this paragraph, is amended— 
(i) in paragraph (7) by inserting "judges of the United States 
Claims Court," after "judges of the United States,"; 
(ii) by redesignating paragraph (23) as paragraph (24); and 
(iii) by inserting after paragraph (22) the following: 
"(23) Regulate and pay annuities to judges of the United 
States Claims Court in accordance with section 178 of this title; 
and". 
(2) Section 8334(i) of title 5, United States Code, is amended by 
adding at the end thereof the following new paragraph: 
"(5) Notwithstanding any other provision of law, a judge of the 
United States Claims Court who is covered by section 178 of title 28 
shall not be subject to deductions and contributions to the Fund if 
the judge notifies the Director of the Administrative Office of the 
United States Courts of an election of a retirement annuity under 
those provisions. Upon such an election, the judge shall be entitled 
to a lump-sum credit under section 8342(a) of this title.". 
(3) Section 8402 of title 5, United States Code, is amended by 
adding at the end the following new subsection: 
"(g) A judge of the United States Claims Court who is covered by 
section 178 of title 28 shall be excluded from the operation of this 
chapter, other than subchapters III and VII of such chapter if the 
judge notifies the Director of the Administrative Office of the 
United States Courts of an election of a retirement annuity under 
those provisions. Upon such election, the judge shall be entitled to a 
lump-sum credit under section 8424 of this title.". 
5 use 8331 note. 
(f) EFFECTIVE DATE.—This section and the amendments made by 
this section shall apply to judges of, and senior judges in active 
service with, the United States Claims Court on or after the date of 
the enactment of this Act. 
SEC. 307. APPOINTMENT OF DIRECTOR AND DEPUTY DIRECTOR OF THE 
ADMINISTRATIVE OFFICE. 
Section 601 of title 28, United States Code, is amended in the 
second sentence by striking out "Supreme Court" and inserting in 
lieu thereof "Chief Justice of the United States, after consulting 
with the Judicial Conference". 
SEC. 308. MAGISTRATES. 
(a) CONSENT TO TRIAL IN CIVIL ACTIONS.—Section 636(c)(2) of title 
28, United States Code, is amended— 
(1) in the first sentence, by striking out "their right to consent 
to the exercise o f and inserting in lieu thereof "the availability 
of a magistrate to exercise"; and 
(2) by striking put the third sentence and inserting in lieu 
thereof the following: "Thereafter, either the district court 
judge or the magistrate may again advise the parties of the 
availability of the magistrate, but in so doing, shall also advise 
the parties that they are free to withhold consent without 
adverse substantive consequences.". 
(b) EXTENSION OF TERMS OF OFFICE OF MAGISTRATES.—Section 
631(f) of title 28, United States Code, is amended by striking out "60" 
and inserting in lieu thereof "180". 
PUBLIC LAW 101-650—DEC. 1, 1990 
104 STAT. 5113 
SEC. 
309. 
APPEAL 
OF CERTAIN 
DETERMINATIONS 
RELATING 
TO BANK-
RUPTCY 
CASES. 
(a) ABSTENTION DETERMINATIONS UNDER TITLE U , UNITED STATES 
CODE.—Section 305(c) of title 11, United States Code, is amended by 
inserting before the period the following: "by the court of appeals 
under section 158(d), 1291, or 1292 of this title or by the Supreme 
Court of the United States under section 1254 of this title". 
(b) ABSTENTION DETERMINATIONS UNDER TITLE 28, UNITED STATES 
CODE.—The second sentence of section 1334(c)(2) of title 28, United 
States Code, is amended— 
(1) by inserting "or not to abstain" after "to abstain", and 
(2) by inserting the following before the period: "by the court 
of appeals under section 158(d), 1291, or 1292 of this title or by 
the Supreme Court of the United States under section 1254 of 
this title". 
(c) REMAND DETERMINATIONS UNDER TITLE 28, UNITED STATES 
CODE.—The second sentence of section 1452(b) of title 28, United 
States Code, is amended by inserting the following before the period: 
"by the court of appeals under section 158(d), 1291, or 1292 of this 
title or by the Supreme Court of the United States under section 
1254 of this title". 
SEC. 310. SUPPLEMENTAL JURISDICTION. 
(a) GRANT OF JURISDICTION.—Chapter 85 of title 28, United States 
Code, is amended by adding at the end thereof the following new 
section: 
"§ 1367. Supplemental jurisdiction 
"(a) Except as provided in subsections (b) and (c) or as expressly Claims, 
provided otherwise by Federal statute, in any civil action of which 
the district courts have original jurisdiction, the district courts shall 
have supplemental jurisdiction over all other claims that are so 
related to claims in the action within such original jurisdiction that 
they form part of the same case or controversy under Article III of 
the United States Constitution. Such supplemental jurisdiction shall 
include claims that involve the joinder or intervention of additional 
parties. 
"(b) In any civil action of which the district courts have original 
jurisdiction founded solely on section 1332 of this title, the district 
courts shall not have supplemental jurisdiction under subsection (a) 
over claims by plaintiffs against persons made parties under Rule 
14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over 
claims by persons proposed to be joined £is plaintiffs under Rule 19 of 
such rules, or seeking to intervene as plaintiffs under Rule 24 of 
such rules, when exercising supplemental jurisdiction over such 
claims would be inconsistent with the jurisdictional requirements of 
section 1332. 
"(c) The district courts may decline to exercise supplemental 
jurisdiction over a claim under subsection (a) if— 
"(1) the claim raises a novel or complex issue of State law, 
"(2) the claim substantially predominates over the claim or 
clsdms over which the district court has original jurisdiction, 
"(3) the district court has dismissed all claims over which it 
has original jurisdiction, or 
"(4) in exceptional circumstances, there are other compelling 
reasons for declining jurisdiction. 
104 STAT. 5114 
PUBLIC LAW 101-650—DEC. 1, 1990 
"(d) The period of limitations for any claim asserted under subsec-
tion (a), and for any other claim in the same action that is volun-
tarily dismissed at the same time as or after the dismissal of the 
claim under subsection (a), shall be tolled while the claim is pending 
and for a period of 30 days after it is dismissed unless State law 
provides for a longer tolling period. 
"(e) As used in this section, the term 'State' includes the District 
of Columbia, the Commonwealth of Puerto Rico, and any territory 
or possession of the United States.". 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of sec-
tions for chapter 85 of title 28, United States Code, is amended by 
adding at the end thereof the following new item: 
"1367. Supplemental jurisdiction.". 
28 use 1367 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
note- 
apply to civil actions commenced on or after the date of the enact-
ment of this Act. 
SEC. 311. VENUE. 
Section 1391 of title 28, United States Code, is amended— 
(1) in subsection (a), by striking out "the judicial district" and 
all that follows through "arose" and inserting in lieu thereof 
the following: "(1) a judicial district where any defendant re-
sides, if all defendants reside in the same State, (2) a judicial 
district in which a substantial part of the events or omissions 
giving rise to the claim occurred, or a substantial part of 
property that is the subject of the action is situated, or (3) a 
judicial district in which the defendants are subject to personal 
jurisdiction at the time the action is commenced'; 
(2) in subsection (b), by striking out "may be brought" and all 
that follows through "law" and inserting in lieu thereof the 
following: "may, except as otherwise provided by law, be 
brought only if (1) a judicial district where any defendant 
resides, if all defendants reside in the same State, (2) a judicial 
district in which a substantial part of the events or omissions 
giving rise to the claim occurred, or a substantial part of 
property that is the subject of the action is situated, or (3) a 
judicial district in which any defendant may be found, if there is 
no district in which the action may otherwise be brought"; 
(3) in subsection (e) by striking out or (2)" and all that follows 
through "(4)", and inserting in lieu thereof "(2) a substantial 
part of the events or omissions giving rise to the claim occurred, 
or a substantial part of property that is the subject of the action 
is situated, or (3) . 
SEC. 312. REMOVAL OF SEPARATE AND INDEPENDENT CLAIMS. 
Section 1441(c) of title 28, United States Code, is amended— 
(1) by striking out ", which would be removable if sued upon 
alone" and inserting in lieu thereof "within the jurisdiction 
conferred by section 1331 of this title"; and 
(2) by striking out "remand all matters not otherwise within 
its original jurisdiction" and inserting in lieu thereof "may 
remand all matters in which State law predominates". 
SEC. 313. STATUTE OF LIMITATIONS. 
(a) IN GENERAL.—Chapter 111 of title 28, United States Code, is 
amended by adding at the end thereof the following: 
PUBLIC LAW 101-650—DEC. 1, 1990 
104 STAT. 5115 
"§ 1658. Time limitations on the commencement of civil actions 
arising under Acts of Congress 
"Except as otherwise provided by law, a civil action arising under 
an Act of Congress enacted after the date of the enactment of this 
section may not be commenced later than 4 years after the cause of 
action accrues.". 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 111 of title 28, United States Code, 
is amended by adding at the end thereof the following new item: 
"1658. Time limitations on the commencement of civil actions arising under Acts of 
Congress.". 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
28 use 1658 
apply with respect to causes of action accruing on or after the date *
*
°
*
«
-
of the enactment of this Act. 
SEC. 
314. 
WITNESS 
AND 
JUROR 
FEES. 
(a) WITNESS FEES.—Section 1821(b) of title 28, United States Code, 
is amended by striking out "$30" and inserting in lieu thereof "$40". 
G)) JUROR FEES.—Section 1871(b) of title 28, United States Code, is 
amended— 
(1) in paragraph (1) by striking out "$30" and inserting in lieu 
thereof "$40"; 
(2) in paragraph (2) by striking out "$5" and inserting in lieu 
thereof "$10"; and 
(3) in par£igraph (3) by striking out "$5" and inserting in lieu 
thereof "$10". 
SEC. 315. POWER OF SUPREME COURT TO DEFINE FINAL DECISION FOR 
PURPOSES OF SECTION 1291 OF TITLE 28, UNITED STATES 
CODE. 
Section 2072 of title 28, United States Code, is amended by adding 
at the end thereof the following: 
"(c) Such rules may define when a ruling of a district court is final 
for the purposes of appeal under section 1291 of this title.". 
SEC. 316. EXTENSION OF LIFE OF PAROLE COMMISSION. 
18 USC 3551 
For the purposes of section 235(b) of Public Law 98-473 as it 
"° ' 
relates to chapter 311 of title 18, United States Code, and the United 
States Parole Commission, each reference in such section to "five 
years" or a "five-year period" shall be deemed a reference to "ten 
years" or a "ten-year period", respectively. 
SEC. 317. BANKRUPTCY ADMINISTRATOR PROGRAM. 
(a) EXTENSION.—Section 302(dX3) of the Bankruptcy Judges, 
United States Trustees, and Family Farmer Bankruptcy Act of 1986 
(Public Law 99-554; 28 U.S.C. 581 note) is amended— 
(1) in subparagraph (AXii), by striking out "October 1, 1992" 
and inserting in lieu thereof "October 1, 2002"; 
(2) in subparagraph (FXiXII), by striking out "October 1, 1992" 
and inserting in lieu thereof "October 1, 2002"; 
(3) in subparagraph (FXi), by striking out "October 1, 1993" 
and inserting in lieu thereof "October 1, 2003"; and 
(4) in subparagraph (FXii), by striking out "October 1, 1993" 
and inserting in lieu thereof "October 1, 2003". 
(b) STANDING.—A bankruptcy administrator may raise and may 
ll USC 307 note, 
appear and be heard on any issue in any case under title 11, United 
104 STAT. 5116 
PUBLIC LAW 101-650—DEC. 1, 1990 
States Code, but may not file a plan pursuant to section 1121(c) of 
such title. 
28 use 581 note. 
(c) PowER OF THE CouRT.—Section 302(d)(3)(A)(ii) of the Bank-
ruptcy Judges, United States Trustees, and Family Farmer Bank-
ruptcy Act of 1986, as amended by subsection (a), is further amended 
by inserting before the period at the end thereof the following: 
", except that the amendment to section 105(a) of title 11, United 
States Code, shall become effective as of the date of the enactment of 
the Federal Courts Study Committee Implementation Act of 1990". 
1
8 
use 
3
0
0
6
A 
SEC. 
3
1
8
. 
STUDY 
OF 
FEDERAL 
DEFENDER 
PROGRAM. 
^° • 
(a) STUDY REQUIRED.—The Judicial Conference of the United 
States shall conduct a study of the Federal defender program under 
the Criminal Justice Act of 1964, as amended (enacting section 
3006A of title 18, United States Code). 
(b) ASSESSMENT OF PROGRAM.—In conducting the study, the Ju-
dicial Conference shall assess the effectiveness of the Federal de-
fender program, including the following: 
(1) The impact of judicial involvement in the selection and 
compensation of the Federal public defenders and the independ-
ence of Federal defender organizations, including the establish-
ment and termination of Federal defender organizations and 
the Federal public defender and the community defender 
options. 
(2) Equal employment and affirmative action procedures in 
the various Federal defender programs. 
(3) Judicial involvement in the appointment and compensa-
tion of panel attorneys and experts. 
(4) Adequacy of compensation for legal services provided 
under the Criminal Justice Act of 1964. 
(5) The quality of the Criminal Justice Act of 1964 represen-
tation. 
(6) The adequacy of administrative support for defender serv-
ices programs. 
(7) Maximum amounts of compensation for attorneys with 
regard to appeals of habeas corpus proceedings. 
(8) Contempt, sanctions, and malpractice representation of 
panel attorneys. 
(9) Appointment of counsel in multidefendant cases. 
(10) Early appointment of counsel in general, and prior to the 
pretrial services interview in particular. 
(11) The method and source of payment of the fees and 
expenses of fact witnesses for defendants with limited funds. 
(12) The provisions of services or funds to financially eligible 
arrested but unconvicted persons for noncustodial transpor-
tation and subsistence expenses, including food and lodging, 
both prior to and during judicial proceedings. 
(c) REPORT.—No later than March 31, 1992, the Judicial Con-
ference shall transmit to the Committees on the Judiciary of the 
Senate and the House of Representatives a report on the results of 
the study required under subsection (a). The report shall include— 
(1) any recommendations for legislation that the Judicial 
Conference finds appropriate; 
(2) a proposed formula for the compensation of Federal de-
fender program counsel that includes an amount to cover 
reasonable overhead and a reasonable hourly fee; and 
PUBLIC LAW 101-650—DEC. 1, 1990 
104 STAT. 5117 
(3) a discussion of Einy procedural or operational changes that 
the Judicial Conference finds appropriate for implementation 
by the courts of the United States. 
SEC. 319. AMENDMENTS TO THE ETHICS IN GOVERNMENT ACT OF 1978. 
Section 502 of the Ethics in Government Act of 1978 (5 U.S.C. 
App.), as amended by the Ethics Reform Act of 1989, is amended— 
(1) by inserting "(a) LIMITATIONS.—" before the first sentence; 
and 
(2) by adding at the end thereof the following new subsection: 
"(Jb) SENIOR JUDGES TEACHING COMPENSATION.—Any compensation 
for teaching received by a senior judge (as designated under section 
294(b) of title 28, United States Code) approved under subsection 
(aX5) of this section shall not be treated as outside earned income for 
the purpose of the limitation under section 501(a).". 
SEC. 320. BIENNIAL CIRCUIT JUDICIAL CONFERENCE. 
The first paragraph of section 333 of title 28, United States Code, 
is amended— 
(1) in the first sentence, by striking out "annually" and 
inserting "biennially, and may summon annually,"; and 
(2) in the last sentence— 
(A) by striking out "the United States District Court for 
the District of the Canal Zone,"; and 
(B) by striking out "and the District Court of the Virgin 
Islands shall also be summoned annually" and inserting in 
lieu thereof "the District Court of the Virgin Islands, and 
the District Court of the Northern Mariana Islands shall 
also be summoned biennially, and may be summoned 
annually,". 
SEC. 321. CHANGE OF NAME OF UNITED STATES MAGISTRATES. 
28 USC 631 note. 
After the enactment of this Act, each United States magistrate 
appointed under section 631 of title 28, United States Code, shall be 
known as a United States magistrate judge, and any reference to 
any United States magistrate or magistrate that is contained in title 
28, United States Code, in any other Federal statute, or in any 
regulation of any department or agency of the United States in the 
executive branch that was issued before the enactment of this Act, 
shall be deemed to refer to a United States magistrate judge ap-
pointed under section 631 of title 28, United States Code. 
SEC. 322. LENGTH OF SERVICE REQUIRED FOR ELIGIBILITY UNDER THE 
JUDICIAL SURVIVORS' ANNUITIES ACT. 
(a) EuGiBiLiTY IN CASE OF DEATH BY ASSASSINATION.—Section 
376(h)(1) of title 28, United States Code, is amended— 
(1) in the matter preceding subparagraph (A)— 
(A) by inserting "(A) before 
after having completed"; 
and 
(B) by inserting after "have actually been made" the 
following: ", or (B) if the death of such judicial official was 
by assassination, before having satisfied the requirements 
of clause (A) if, for the period of such service, the deductions 
provided by subsection (b) or, in lieu thereof, the deposits 
required by subsection (d) have actually been made"; 
(2) by redesignating existing subparagraph (A) as clause (i); 
(3) in existing subparagraph (B)— 
104 STAT. 5118 
PUBLIC LAW 101-650—DEC. 1, 1990 
(A) by striking out "(B)" and inserting in lieu thereof 
"(ii)"; 
(B) by striking out "(i)" and inserting in lieu thereof "(I)"; 
and 
(C) by striking out "(ii)" and inserting in lieu thereof 
"(II)"; 
(4) in existing subparagraph (C)— 
(A) by striking out "(C)" and inserting in lieu thereof 
"(iii)"; 
(B) in clause (i)— 
(i) by striking out "(i)" and inserting in lieu thereof 
"(I)"; 
(ii) by striking out "subparagraph (1)(A) of this 
subsection" and inserting in lieu thereof "clause (i) of 
this paragraph"; 
(iii) by striking out "(ii)" and inserting in lieu thereof 
"(II)"; and 
(iv) by striking out "(iii)" and inserting in lieu thereof 
"(III)"; and 
(5) by adding at the end of subsection (h) the following: 
"(6) In the case of the survivor or survivors of a judicial 
official to whom paragraph (1)(B) applies, there shall be de-
ducted from the annuities otherwise payable under this section 
an amount equal to the amount of salary deductions that would 
have been made if such deductions had been made for 18 
months prior to the judicial official's death.". 
(b) DEFINITION OF ASSASSINATION.—Section 376(a) of title 28, 
United States Code, is amended— 
(1) in paragraph (5)(C) by striking out "and" after the 
semicolon; 
(2) in paragraph (6) by striking out the period and inserting in 
lieu thereof "; and"; and 
(3) by inserting at the end the following new paragraph: 
"(7) 'assassinated' and 'assassination' mean the killing of a 
judicial official described in paragraph (1) (A), (B), (F), or (G) of 
this subsection that is motivated by the performance by that 
judicial official of his or her official duties.". 
(c) DETERMINATION OF ASSASSINATION BY DIRECTOR.—Section 376(i) 
of title 28, United States Code, is amended— 
(1) by inserting "(1)" after "(i)"; and 
(2) by adding at the end thereof the following: 
"(2) The Director of the Administrative Office of the United States 
Courts shall determine whether the killing of a judicial official was 
an assassination, subject to review only by the Judicial Conference 
of the United States. The head of any Federal agency that inves-
tigates the killing of a judicial official shall provide information to 
the Director that would assist the Director in making such 
determination.". 
(d) COMPUTATION OF WIDOW'S AND WIDOWER'S ANNUITY.—Section 
376(l)(l)(ii) of title 28, United States Code, is amended by striking out 
"but more than eighteen months,". 
(e) REFUND OF CONTRIBUTIONS TO FUND.—Section 376(o) of title 28, 
United States Code, is amended— 
(1) by inserting "(1)" after "(o)"; 
(2) by redesignating paragraphs (1), (2), and (3) as subpara-
graphs (A), (B), and (C), respectively; 
PUBLIC LAW 101-650—DEC. 1,1990 
104 STAT. 5119 
(3) in subparagraph (A) as so redesignated, by inserting "sub-
ject to paragraph (2) of this subsection," before "before having 
completed"; and 
(4) by adding at the end thereof the following new paragraph: 
"(2) In cases in which a judicial official dies as a result of assas-
sination and leaves a survivor or survivors who are entitled to 
receive the annuity benefits provided by subsection (h) or (t) of this 
section, paragraph (1)(A) of this subsection shall not apply.". 
(f) OTHER BENEFITS.—Section 376 of title 28, United States Code, is 
amended by adding at the end thereof the following: 
"(u) In the case of a judicial official who is assassinated, an 
annuity shall be paid under this section notwithstanding a survi-
vor's eligibility for or receipt of benefits under chapter 81 of title 5, 
except that the annuity for which a surviving spouse is eligible 
under this section shall be reduced to the extent that the total 
benefits paid under this section and chapter 81 of title 5 for any year 
would exceed the current salary for that year of the office of the 
judicial official.". 
(g) EFFECTIVE DATE AND TRANSITION.— 
28 use 376 note. 
(1) EFFECTIVE DATE.—Subject to paragraph (2), the amend-
ments made by this Act shall apply to all judicial officials 
assassinated on or after May 28,1979. 
(2) RULES FOR RETROACTIVE APPLICATION.—(A) In the case of a 
judicial official who was Eissassinated on or after May 28, 1979, 
and before the date of the enactment of this Act, if the salary 
deductions provided by subsection (b) of section 376 of title 28, 
United States Code, or the deposits required by subsection (d) of 
such section, have been withdrawn pursuant to subsection (o) of 
such section, there shall be deducted from the annuities other-
wise payable to the survivor or survivors of such judicial official, 
and the payment authorized by subparagraph (C) of this para-
graph, an amount equal to the amount so withdrawn, with 
interest on the amount withdrawn at 3 percent per annum 
compounded on December 31 of each year. 
(B) In the case of the survivor or survivors of a judicial official 
to whom this paragraph applies who had less than 18 months of 
service before being assassinated, there shall be deducted from 
the annuities otherwise payable to the survivor or survivors of 
such judicial official, and the payment authorized by subpara-
graph (C) of this paragraph, an amount equal to the amount of 
salary deductions that would have been made if such deductions 
been made for 18 months before the judicial official's death, plus 
interest £is described in subparagraph (A). 
(C) Subject to subparagraphs (A) and (B), the survivor or 
survivors of a judicial official to whom this paragraph applies 
shall be entitled to the payment of annuities they would have 
received under section 376 of title 28, United States Code, for 
the period beginning on the date such judicial official was 
assassinated and ending the date of the enactment of this Act. 
The Secretary of the Tresisury shall pay into the Judicial Survi-
vors' Annuities fund, out of any money in the Treasury not 
otherwise appropriated, the gmiount of the annuities to which 
the survivor or survivors are entitled under this subparagraph. 
(3) DEFINITION.—For purposes of this subsection, the term— 
-^ 
(A) "assassinated" has the meaning given that term in 
section 376(aX7) of title 28, United States Code, as added by 
this section; and 
104 STAT. 5120 
PUBLIC LAW 101-650—DEC. 1, 1990 
(B) "judicial official" has the meaning given that term in 
section 376(a)(1)(A) and (B) of title 28, United States Code. 
(g) CONFORMING AMENDMENTS.—Section 376 of title 28, United 
States Code, is amended as follows: 
(1) Subsection (h) is amended— 
(A) in paragraph (2) by striking out "subparagraphs (1)(A) 
or (1)(B)" and inserting in lieu thereof "clause (i) or (ii) of 
paragraph (1)"; 
(B) in paragraph (3) by striking out "subparagraph" each 
place it appears and inserting in each such place 
"paragraph"; 
(C) in paragraph (4)— 
(i) by striking out "subparagraph (1)(B)" each place it 
appears and inserting in each such place "paragraph 
(l)(ii)";and 
(ii) by striking out "subparagraph (1)(C)" and insert-
ing in lieu thereof "paragraph (l)(iii)". 
(2) Subsection (a)(5)(C) is amended by striking out "subpara-
graph" and inserting in lieu thereof "paragraph". 
SEC. 323. COMPOSITION OF JUDICIAL COUNCILS. 
(a) COMPOSITION OF COUNCILS.—Section 332(a)(1) of title 28, United 
States Code, is amended to read as follows: 
"(a)(1) The chief judge of each judicial circuit shall call, at least 
twice in each year and at such places as he or she may designate, a 
meeting of the judicial council of the circuit, consisting of the chief 
judge of the circuit, who shall preside, and an equal number of 
circuit judges and district judges of the circuit, as such member is 
determined by majority vote of all such judges of the circuit in 
regular active services. . 
(b) CONFORMING AMENDMENT.—Section 332(a) of title 28, United 
States Code, is amended by striking out paragraph (3) and re-
designating paragraphs (4) through (7) as paragraphs (3) through (6), 
respectively. 
SEC. 324. MISCELLANEOUS PROVISIONS. 
(a) PLACE OF HOLDING COURT.—(1) Section 108 of title 28, United 
States Code, is amended by striking out "and Reno" in the last 
sentence and inserting in lieu thereof ", Reno, Ely, and Lovelock". 
(2) Section 112(a) of title 28, United States Code, is amended by 
striking out "and Utica" in the last sentence and inserting in lieu 
thereof "Utica, and Watertown". 
(b) REVISION OF DIVISIONS OF SOUTH DAKOTA JUDICIAL DISTRICT.— 
Section 122 of title 28, United States Code, is amended— 
(1) in paragraph (3), by striking out "Jackson,"; and 
(2) by paragraph (4)— 
(A) by inserting "Jackson," after "Harding,"; and 
(B) by striking out "Shannon, Washabaugh, and Washing-
ton" and inserting in lieu thereof "and Shannon". 
SEC. 325. MISCELLANEOUS TECHNICAL AMENDMENTS. 
(a) TITLE 9, UNITED STATES CODE.— 
(1) The section 15 of title 9, United States Code, that is 
designated "Appeals" is amended by redesignating such section 
as section 16. 
(2) The table of sections at the beginning of chapter 1 of title 
9, United States Code, is amended by striking out 
PUBLIC LAW 101-650—DEC. 1, 1990 
104 STAT. 5121 
"15. Appeals." 
and inserting in lieu thereof 
"15. Inapplicability of thfe Act of State doctrine. 
"16. Appeals.". 
(b) TITLE 28, UNITED STATES CODE.—Title 28, United States Code, is 
amended as follows: 
(1) Section 332(f)(1) is amended by striking out "(5 U.S.C. 
5316)" and inserting in lieu thereof "under section 5315 of title 
5". 
(2) Section 375(a)(1) is amended Ijy striking out "377 of title" 
and inserting in lieu thereof "377 of this title". 
(3) Section 377 is amended— 
(A) in subsection (f) by striking out "any annuity to 
which" and all that follows through the end of the subsec-
tion and inserting in lieu thereof the following: 
"(1) any annuity to which such judge or magistrate would 
otherwise have been entitled under subchapter III of chapter 83, 
or under chapter 84 (except for subchapters III and VII), of title 
5, for service performed as such a judge or magistrate or 
otherwise; 
"(2) an annuity or salary in senior status or retirement under 
section 371 or 372 of this title; 
"(3) retired pay under section 7447 of the Internal Revenue 
Code of 1986; or 
"(4) retired pay under section 4096 of title 38."; and 
(B) in subsection (h) by striking out "in or after" and 
inserting in lieu thereof "on or after". 
(4) Section 602(b) is amended by striking out "604(a)(15)(B)" 
and inserting in lieu thereof "604(a)(16)(B)". 
(5) Section 995(aX22) is amended by striking out "and" after 
the semicolon. 
(6) Section 996(b) is amended by striking out "89 (Health 
Insurance), and 91 (Conflicts of Interest)" and inserting in lieu 
thereof "and 89 (Health Insurance)". 
(7) Section 1499 is amended by inserting "and Safety" after 
"Hours". 
(8) Section 1605(aX6) is amended by striking out "State" and 
inserting in lieu thereof "state". 
(9) Section 1610 is amended— 
(A) in subsection (a)(6) by striking out "State" and insert-
ing in lieu thereof "state"; and 
(B) in subsection (e) by striking out "State" and inserting 
in lieu thereof "state", 
(c) OTHER PROVISIONS OF LAW.—(1) Section 1011 of the Judicial 
Improvements and Access to Justice Act (102 Stat. 4668) is 28USC604. 
amended— 
(A) by striking out "inserting a comma in lieu of the semi-
colon at the end thereof and adding thereafter" and inserting in 
lieu thereof "at the end"; and 
(B) by striking out ": Provided, That" and inserting in lieu 
thereof ", except that". 
(2) Section 204(bX5XAXii) of the Departments of Commerce, Jus-
tice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 1989 (102 Stat. 2201) is amended by striking out "whichever, 
28 USC 533 note, 
occurs later," and inserting in lieu thereof 
"whichever occurs later,". 
104 STAT. 5122 
PUBLIC LAW 101-650—DEC. 1, 1990 
Spune a
n
d 
TITLE IV—JUDICIAL DISCIPLINE AND 
AcroTfm'"" 
JUDICIAL REMOVAL 
28 u s e 1 note. 
SEC. 401. SHORT TITLE. 
This title may be cited as the "Judicial Discipline and Removal 
Reform Act of 1990". 
Subtitle I—Judicial Discipline 
SEC. 402. AMENDMENTS TO JUDICIAL COUNCILS REFORM AND JUDICIAL 
CONDUCT AND DISABILITY ACT OF 1980. 
(a) IDENTIFICATION OF COMPLAINTS BY CHIEF JUDGE.—Paragraph 
(1) of section 372(c) of title 28, United States Code, is amended by 
adding at the end thereof the following: "In the interests of the 
effective and expeditious administration of the business of the-
courts and on the basis of information available to the chief judge of 
the circuit, the chief judge may, by written order stating reasons 
therefor, identify a complaint for purposes of this subsection and 
thereby dispense with filing of a written complaint.". 
(b) MEMBERSHIP OF SPECIAL INVESTIGATIVE COMMITTEES.—Para-
graph (4) of section 372(c) of such title is amended by adding at the 
end thereof the following: "A judge appointed to a special committee 
under this paragraph may continue to serve on that committee after 
becoming a senior judge or, in the case of the chief judge of the 
circuit, after his or her term as chief judge terminates under 
subsection (a)(3) or (c) of section 45 of this title. If a judge appointed 
to a committee under this paragraph dies, or retires from office 
under section 371(a) of this title, while serving on the committee, the 
chief judge of the circuit may appoint another circuit or district 
judge, as the case may be, to the committee.". 
(c) PUBLIC AVAILABILITY OF IMPEACHMENT RECOMMENDATION.—(1) 
Paragraph (8) of section 372(c) of such title is amended by adding at 
the end thereof the following sentence: "Upon receipt of the deter-
mination and record of proceedings in the House of Representatives, 
the Clerk of the House of Representatives shall make available to 
the 
public 
the 
determination 
and any 
reasons 
for the 
determination.". 
(2) Paragraph (14) of such section is amended— 
(A) by striking out "All" and inserting in lieu thereof "Except 
as provided in paragraph (8), all"; 
(B) by striking out "unless" and inserting in lieu thereof 
"except to the extent that"; 
• 
(C) in subparagraph (B) by inserting "such disclosure is" 
before "authorized"; 
(D) by redesignating subparagraphs (A) and (B) as subpara-
graphs (B) and (C), respectively; and 
(E) by inserting the following new subparagraph (A) imme-
diately before subparagraph (B) (as so redesignated): 
"(A) the judicial council of the circuit in its discretion releases 
a copy of a report of a special investigative committee under 
paragraph (5) to the complainant whose complaint initiated the 
investigation by that special committee and to the judge or 
magistrate whose conduct is the subject of the complaint;". 
PUBLIC LAW 101-650—DEC. 1, 1990 
104 STAT. 5123 
(d) IMPEACHMENT RECOMMENDATIONS WITH RESPECT TO CONVICTED 
JUDGES.—Section 372(c) of such title is further amended in para-
graph (8)— 
(1) by inserting "(A)" after "(8)"; and 
(2) by adding at the end thereof the following: 
"(B) If a judge or magistrate has been convicted of a felony and 
has exhausted all means of obtaining direct review of the conviction, 
or the time for seeking further direct review of the conviction has 
passed and no such review has been sought, the Judicial Conference 
may, by majority vote and without referral or certification under 
paragraph (7), transmit to the House of Representatives a deter-
mination that consideration of impeachment may be warranted, 
together with appropriate court records, for whatever action the 
House of Representatives considers to be necessary.". 
(e) RULES BY JUDICIAL CONFERENCE AND JUDICIAL COUNCILS.— 
Paragraph (11) of section 372(c) of such title is amended by adding at 
the end thereof the following: "No rule promulgated under this 
subsection may limit the period of time within which a person may 
file a complaint under this subsection.". 
(f) CONCLUSION OF PROCEEDINGS BY CHIEF JUDGE.—Paragraph 
(3XB) of section 372(c) of such title is amended by inserting before 
the period the following: "or that action on the complaint is no 
longer necessary because of intervening events". 
(g) DISMISSAL OF COMPLAINTS BY JUDICIAL COUNCILS.—Paragraph 
(6) of section 372(c) of such title is amended— 
(1) by striking out "and" at the end of subparagraph (B); 
(2) by redesignating subparagraph (C) £is subparagraph (D); 
and 
(3) by inserting after subparagraph (B) the following: 
"(C) may dismiss the complaint; and". 
(h) REIMBURSEMENT FOR EXPENSES AND ATTORNEYS' FEES.—Section 
372(c) of such title is further amended— 
(1) by redesignating paragraphs (16) and (17) as paragraphs 
(17) and (18); and 
(2) by inserting after paragraph (15) the following new 
paragraph: 
"(16) Upon the request of a judge or magistrate whose conduct is 
the subject of a complaint under this subsection, the judicial council 
may, if the complaint has been finally dismissed under paragraph 
(6XC), recommend that the Director of the Administrative Office of 
the United States Courts award reimbursement, from funds appro-
priated to the Federal judiciary, for those reasonable expenses, 
including attorneys' fees, incurred by that judge or magistrate 
during the investigation which would not have been incurred but for 
the requirements of this subsection.". 
(i) TECHNICAL CORRECTIONS.—(1) Paragraph (7XB) of section 372(c) 
of such title is amended— 
(A) by striking out "has engaged in conduct" and inserting in 
lieu thereof "may have engeiged in conduct"; and 
(B) in clause (i) by striking out "article I" and inserting in lieu 
thereof "article 11". 
(2) Paragraph (14)(C) of such section, as redesignated by subsection 
(cX2XD) of this section, is amended by striking out "subject to the 
complaint" and inserting in lieu thereof "subject of the complaint". 
104 STAT. 5124 
PUBLIC LAW 101-650—DEC. 1, 1990 
SEC. 403. CONTEMPT POWER FOR CIRCUIT COUNCILS. 
Section 332(d)(2) of title 28, United States Code, is amended by 
adding at the end thereof the following: "In the case of failure to 
comply with an order made under this subsection or a subpoena 
issued under section 372(c) of this title, a judicial council or a special 
committee appointed under section 372(c)(4) of this title may in-
stitute a contempt proceeding in any district court in which the 
judicial officer or employee of the circuit who fails to comply with 
the order made under this subsection shall be ordered to show cause 
before the court why he or she should not be held in contempt of 
court.". 
SEC. 404. AMENDMENT TO OATH OF JUSTICES AND JUDGES. 
Section 453 of title 28, United States Code, is amended by striking 
out "according to the best of my abilities and understanding, 
agreeably to" and inserting "under". 
SEC. 405. AMENDMENT TO ETHICS IN GOVERNMENT ACT. 
Section 104(b) of the Ethics in Government Act of 1978 (5 U.S.C. 
App. 104(b)) is amended by adding at the end thereof the following: 
"Whenever the Judicial Conference refers a name to the Attorney 
General under this subsection, the Judicial Conference also shall 
notify the judicial council of the circuit in which the named individ-
ual serves of the referral.". 
SEC. 406. ADVISORY COMMITTEES FOR JUDICIAL DISCIPLINE RULES. 
Section 2077(b) of title 28, United States Code, is amended by 
inserting before the period at the end of the first sentence the 
following: "and, in the case of an advisory committee appointed by a 
court of appeals, of the rules of the judicial council of the circuit". 
28 u s e 332 note. 
SEC. 407. EFFECTIVE DATE. 
National 
Commission on 
Judicial 
Discipline and 
Removal Act. 
28 u s e 372 note. 
The amendments made by this subtitle shall take effect 90 days 
after the date of the enactment of this Act. 
Subtitle II—National Commission on Judicial 
Impeachment 
SEC. 408. SHORT TITLE. 
This subtitle may be cited as the "National C!ommission on Ju-
dicial Discipline and Removal Act". 
SEC. 409. ESTABLISHMENT. 
There is hereby established a commission to be known as the 
"National Commission on Judicial Discipline and Removal" (here-
after in this subtitle referred to as the "Commission"). 
SEC. 410. DUTIES OF COMMISSION. 
The duties of the Commission are— 
(1) to investigate and study the problems and issues involved 
in the tenure (including discipline and removal) of an article III 
judge; 
(2) to evaluate the advisability of proposing alternatives to 
current arrangements with respect to such problems and issues, 
including alternatives for discipline or removal of judges that 
would require amendment to the Constitution; and 
PUBLIC LAW 101-650—DEC. 1, 1990 
104 STAT. 5125 
(3) to prepare and submit to the Congress, the Chief Justice of Reports, 
the United States, and the President a report in accordance 
with section 415. 
SEC. 411. MEMBERSHIP. 
(a) NUMBER AND APPOINTMENT.—The Commission shall be com-
posed of 13 members as follows: 
(1) Three appointed by the President pro tempore of the 
Senate. 
(2) Three appointed by the Speaker of the House of 
Representatives. 
(3) Three appointed by the Chief Justice of the United States. 
(4) Three appointed by the President. 
(5) One appointed by the Conference of Chief Justices of the 
States of the United States. 
(b) TERM.—Members of the Commission shall be appointed for the 
life of the Commission. 
(c) QUORUM.—Six members of the Commission shall constitute a 
quorum, but a lesser number may conduct meetings. 
(d) CHAIRMAN.—The members of the Commission shall select one 
of the members to be the Chairman. 
(e) APPOINTMENT DEADLINE.—The first appointments made under 
subsection (a) shall be made within 60 days after the date of the 
enactment of this Act. 
(f) FIRST MEETING.—The first meeting of the Commission shall be 
called by the Chairman and shall be held within 90 days after the 
date of the enactment of this Act. 
(g) VACANCY.—A vacancy on the Commission resulting from the 
death or resignation of a member shall not affect its powers and 
shall be filled in the same manner in which the original appoint-
ment was made. 
(h) CONTINUATION OF MEMBERSHIP.—If any member of the 
Commission who was appointed to the Commission as a Member of 
Congress or as an officer or employee of a government leaves that 
office, or if any member of the Commission who was appointed from 
persons who are not officers or employees of a government becomes 
an officer or employee of a government, the member may continue 
as a member of the Commission for not longer than the 90-day 
period beginning on the date the member leaves that office or 
becomes such an officer or employee, as the case may be. 
SEC. 412. COMPENSATION OF THE COMMISSION. 
(a) PAY.—(1) Except as provided in paragraph (2), each member of 
the Commission who is not otherwise employed by the United States 
Government shall be entitled to receive the daily equivalent of the 
annual rate of basic pay payable for GS-18 of the General Schedule 
under section 5332 of title 5, United States Code, for each day 
(including travel time) during which he or she is engaged in the 
actual performance of duties as a member of the Commission. 
(2) A member of the Commission who is an officer or employee of 
the United States Government shall serve without additional 
compensation. 
(b) TRAVEL.—All members of the Commission shall be reimbursed 
for travel, subsistence, and other necessary expenses incurred by 
them in the performance of their duties. 
104 STAT. 5126 
PUBLIC LAW 101-650—DEC. 1, 1990 
SEC. 413. DIRECTOR AND 
STAFF 
OF 
COMMISSION; EXPERTS AND 
CONSULTANTS. 
(a) DIRECTOR.—The Commission shall, without regard to section 
5311(b) of title 5, United States Code, have a Director who shall be 
appointed by the Chairman and who shall be paid at a rate not to 
exceed the rate of basic pay payable for level V of the Executive 
Schedule under section 5316 of such title. 
(b) STAFF.—The Chairman of the Commission may appoint and fix 
the pay of such additional personnel as the Chairman finds nec-
essary to enable the Commission to carry out its duties. Such 
personnel may be appointed without regard to the provisions of title 
5, United States Code, governing appointments in the competitive 
service, and may be paid without regard to the provisions of chapter 
51 and subchapter III of chapter 53 of such title relating to classi-
fication and General Schedule pay rates, except that the annual rate 
of pay for any individual so appointed may not exceed a rate equal 
to the annual rate of basic pay payable for GS-18 of the General 
Schedule under section 5332 of such title. 
(c) EXPERTS AND CONSULTANTS.—The Commission may procure 
temporary and intermittent services of experts and consultants 
under section 3109(b) of title 5, United States Code. 
SEC. 414. POWERS OF COMMISSION. 
(a) HEARINGS AND SESSIONS.—The Commission or, on authoriza-
tion of the Commission, a member of the Commission may, for the 
purpose of carrying out this subtitle, hold such hearings, sit and act 
at such times and places, take such testimony, and receive such 
evidence, as the Commission considers appropriate. The Commis-
sion may administer oaths or affirmations to witnesses appearing 
before it. 
(b) OBTAINING OFFICIAL DATA.—The Commission may secure di-
rectly from any department, agency, or entity within the executive 
or judicial branch of the Federal Government information necessary 
to enable it to carry out this subtitle. Upon request of the Chairman 
of the Commission, the head of such department or agency shall 
furnish such information to the Commission. 
(c) FACILITIES AND SUPPORT SERVICES.—The Administrator of Gen-
eral Services shall provide to the Commission on a reimbursable 
basis such facilities and support services as the Commission may 
request. Upon request of the Commission, the head of any Federal 
agency is authorized to make any of the facilities and services of 
such agency available to the Commission to assist the Commission 
in carrying out its duties under this subtitle. 
(d) EXPENDITURES AND CONTRACTS.—The Commission or, on 
authorization of the Commission, a member of the Commission may 
make expenditures and enter into contracts for the procurement of 
such supplies, services, and property as the Commission or member 
considers appropriate for the purposes of carrying out the duties of 
the Commission. Such expenditures and contracts may be made only 
to such extent or in such amounts as are provided in appropriation 
Acts. 
(e) MAILS.—The Commission may use the United States mails in 
the same manner and under the same conditions as other depart-
ments and agencies of the United States. 
(f) GIFTS.—The Commission may accept, use, and dispose of gifts or 
donations of services or property. 
PUBLIC LAW 101-650—DEC. 1,1990 
104 STAT. 5127 
SEC. 415. REPORT. 
The Commission shall submit to each House of Congress, the Chief 
Justice of the United States, and the President a report not later 
than one year after the date of its first meeting. The report shall 
contain a detailed statement of the findings and conclusions of the 
Commission, together with its recommendations for such legislative 
or administrative action as it considers appropriate. 
SEC. 416. TERMINATION. 
The Commission shall cease to exist on the date 30 days after the 
date it submits its report to the President and the Congress under 
section 415. 
SEC. 417. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated the sum of $750,000 to 
carry out the provisions of this subtitle. 
SEC. 418. EFFECTIVE DATE. 
This subtitle shall take effect on the date of the enactment of this 
Act. 
TITLE V—TELEVISION PROGRAM 
IMPROVEMENT 
SEC. 501. TELEVISION PROGRAM IMPROVEMENT. 
(a) SHORT TITLE.—This section may be cited as the "Television 
Program Improvement Act of 1990". 
OJ) DEFINITIONS.—For purposes of this section— 
(1) the term "antitrust laws" has the meaning given it in 
subsection (a) of the first section of the Clayton Act (15 U.S.C. 
12(a)), except that such term includes section 5 of the Federal 
Trade Commission Act (15 U.S.C. 45) to the extent that such 
section 5 applies to unfair methods of competition; 
(2) the term "person in the television industry" means a 
television network, any entity which produces programming 
(including theatrical motion pictures) for telecasting or telecasts 
programming, the National Cable Television Association, the 
Association of Independent Television Stations, Incorporated, 
the National Association of Broadcasters, the Motion Picture 
Association of America, the Community Antenna Television 
Association, and each of the networks' affiliate organizations, 
and shall include any individual acting on behalf of such 
person; and 
(3) the term "telecast" means— 
(A) to broadcast by a television broadcast station; or 
(B) to transmit by a cable television system or a satellite 
television distribution service. 
(c) EXEMPTION.—The antitrust laws shall not apply to any joint 
discussion, consideration, review, action, or agreement by or among 
persons in the television industry for the purpose of, and limited to, 
developing and disseminating voluntary guidelines designed to 
alleviate the negative impact of violence in telecast material. 
(d) LIMITATIONS.—(1) The exemption provided in subsection (c) 
shall not apply to any joint discussion, consideration, review, action, 
or agreement which results in a boycott of any person. 
Television 
Program 
Improvement 
Act of 1990. 
47 u s e 303c. 
39-194 O - 91 - 24 : QL 3 Part 6 
104 STAT. 5128 
PUBLIC LAW 101-650—DEC. 1, 1990 
Visual Artists 
Rights Act of 
1990. 
Copjrright. 
17 u s e 101 note. 
(2) The exemption provided in subsection (c) shall apply only to 
any joint discussion, consideration, review, action, or agreement 
engaged in only during the 3-year period beginning on the date of 
the enactment of this section. 
TITLE VI—VISUAL ARTISTS RIGHTS 
SEC. 601. SHORT TJTLE. 
This title may be cited as the "Visual Artists Rights Act of 1990". 
SEC. 602. WORK OF VISUAL ART DEFINED. 
Section 101 of title 17, United States Code, is amended by insert-
ing after the paragraph defining "widow" the following: 
"A 'work of visual art' is— 
"(1) a painting, drawing, print, or sculpture, existing in a 
single copy, in a limited edition of 200 copies or fewer that 
are signed and consecutively numbered by the author, or, in 
the case of a sculpture, in multiple cast, carved, or fab-
ricated sculptures of 200 or fewer that are consecutively 
numbered by the author and bear the signature or other 
identifying mark of the author; or 
"(2) a still photographic image produced for exhibition 
purposes only, existing in a single copy that is signed by the 
author, or in a limited edition of 200 copies or fewer that 
are signed and consecutively numbered by the author. 
"A work of visual art does not include— 
"(AXi) any poster, map, globe, chart, technical drawing, 
diagram, model, applied art, motion picture or other audio-
visual work, book, magazine, newspaper, periodical, data 
base, electronic information service, electronic publication, 
or similar publication; 
"(ii) any merchandising item or advertising, promotional, 
descriptive, covering, or packaging material or container; 
"(iii) any portion or part of any item described in clause 
(i) or (ii); 
"(B) any work made for hire; or 
"(C) any work not subject to copyright protection under 
this title.". 
SEC. 603. RIGHTS OF ATTRIBUTION AND INTEGRITY. 
(a) RIGHTS OF ATTRIBUTION AND INTEGRITY.—Chapter 1 of title 17, 
United States Code, is amended by inserting after section 106 the 
following new section: 
"§ 106A. Rights of certain authors to attribution and integrity 
"(a) RIGHTS OF ATTRIBUTION AND INTEGRITY.—Subject to section 
107 and independent of the exclusive rights provided in section 106, 
the author of a work of visual art— 
"(1) shall have the right— 
"(A) to claim authorship of that work, and 
"(B) to prevent the use of his or her name as the author of 
any work of visual art which he or she did not create; 
"(2) shall have the right to prevent the use of his or her name 
as the author of the work of visual art in the event of a 
distortion, mutilation, or other modification of the work which 
would be prejudicial to his or her honor or reputation; and 
PUBLIC LAW 101-650—DEC. 1, 1990 
104 STAT. 5129 
"(3) subject to the limitations set forth in section 113(d), shall 
have the right— 
"(A) to prevent any intentional distortion, mutilation, or 
other modification of that work which would be prejudicial 
to his or her honor or reputation, and any intentional 
distortion, mutilation, or modification of that work is a 
violation of that right, and 
"(B) to prevent any destruction of a work of recognized 
stature, and any intentional or grossly negligent destruc-
tion of that work is a violation of that right. 
"(b) SCOPE AND EXERCISE OF RIGHTS.—Only the author of a work of 
visual art has the rights conferred by subsection (a) in that work, 
whether or not the author is the copyright owner. The authors of a 
joint work of visual art are coowners of the rights conferred by 
subsection (a) in that work. 
"(c) EXCEPTIONS.—(1) The modification of a work of visual art 
which is a result of the passage of time or the inherent nature of the 
materials is not a distortion, mutilation, or other modification de-
scribed in subsection (a)(3)(A). 
"(2) The modification of a work of visual art which is the result of 
conservation, or of the public presentation, including lighting and 
placement, of the work is not a destruction, distortion, mutilation, or 
other modification described in subsection (a)(3) unless the modifica-
tion is caused by gross negligence. 
"(3) The rights described in paragraphs (1) and (2) of subsection (a) 
shall not apply to any reproduction, depiction, portrayal, or other 
use of a work in, upon, or in any connection with any item described 
in subparagraph (A) or (B) of the definition of 'work of visual art' in 
section 101, and any such reproduction, depiction, portrayal, or 
other use of a work is not a destruction, distortion, mutilation, or 
other modification described in paragraph (3) of subsection (a). 
"(d) DURATION OF RIGHTS.—(1) With respect to works of visual art 
created on or after the effective date set forth in section 610(a) of the 
Visual Artists Rights Act of 1990, the rights conferred by subsection 
(a) shall endure for a term consisting of the life of the author. 
"(2) With respect to works of visual art created before the effective 
date set forth in section 610(a) of the Visual Artists Rights Act of 
1990, but title to which has not, as of such effective date, been 
transferred from the author, the rights conferred by subsection (a) 
shall be coextensive with, and shall expire at the same time as, the 
rights conferred by section 106. 
"(3) In the case of a joint work prepared by two or more authors, 
the rights conferred by subsection (a) shall endure for a term 
consisting of the life of the last surviving author. 
"(4) All terms of the rights conferred by subsection (a) run to the 
end of the calendar year in which they would otherwise expire. 
"(e) TRANSFER AND WAIVER.—(1) The rights conferred by subsec-
tion (a) may not be transferred, but those rights may be waived if 
the author expressly agrees to such waiver in a written instrument 
signed by the author. Such instrument shall specifically identify the 
work, and uses of that work, to which the waiver applies, and the 
waiver shall apply only to the work and uses so identified. In the 
case of a joint work prepared by two or more authors, a waiver of 
rights under this paragraph made by one such author waives such 
rights for all such authors. 
"(2). Ownership of the rights conferred by subsection (a) with 
respect to a work of visual art is distinct from ownership of any copy 
104 STAT. 5130 
PUBLIC LAW 101-650—DEC. 1, 1990 
of that work, or of a copyright or any exclusive right under a 
copyright in that work. Transfer of ownership of any copy of a work 
of visual art, or of a copyright or any exclusive right under a 
copyright, shall not constitute a waiver of the rights conferred by 
subsection (a). Except as may otherwise be agreed by the author in a 
written instrument signed by the author, a waiver of the rights 
conferred by subsection (a) with respect to a work of visual art shall 
not constitute a transfer of ownership of any copy of that work, or of 
ownership of a copyright or of any exclusive right under a copyright 
in that work.". 
(b) CONFORMING AMENDMENT.—The table of sections at the begin-
ning of chapter 1 of title 17, United States Code, is amended by 
inserting after the item relating to section 106 the following new 
item: 
"106A. Rights of certain authors to attribution and integrity.". 
SEC. 604. REMOVAL OF WORKS OF VISUAL ART FROM BUILDINGS. 
Section 113 of title 17, United States Code, is amended by adding 
at the end thereof the following: 
"(d)(1) In a case in which— 
"(A) a work of visual art has been incorporated in or made 
part of a building in such a way that removing the work from 
the building will cause the destruction, distortion, mutilation, 
or other modification of the work as described in section 
106A(aX3), and 
"(B) the author consented to the installation of the work in 
the building either before the effective date set forth in section 
610(a) of the Visual Artists Rights Act of 1990, or in a written 
instrument executed on or after such effective date that is 
signed by the owner of the building and the author and that 
specifies that installation of the work may subject the work to 
destruction, distortion, mutilation, or other modification, by 
resison of its removal, 
then the rights conferred by paragraphs (2) and (3) of section 106A(a) 
shall not apply. 
"(2) If the owner of a building wishes to remove a work of visual 
art which is a part of such building and which can be removed from 
the building without the destruction, distortion, mutilation, or other 
modification of the work as described in section 106A(aX3), the 
author's rights under paragraphs (2) and (3) of section 106A(a) shall 
apply unless— 
"(A) the owner has made a diligent, good faith attempt with-
out success to notify the author of the owner's intended action 
affecting the work of visual art, or 
"(B) the owner did provide such notice in writing and the 
person so notified failed, within 90 days after receiving such 
notice, either to remove the work or to pay for its removal. 
For purposes of subparagraph (A), an owner shall be presumed to 
have made a diligent, good faith attempt to send notice if the owner 
sent such notice by registered mail to the author at the most recent 
address of the author that was recorded with the Register of Copy-
rights pursuant to paragraph (3). If the work is removed at the 
expense of the author, title to that copy of the work shall be deemed 
to be in the author. 
Records. 
"(3) The Register of Copyrights shall establish a system of records 
whereby any author of a work of visual art that has been incor-
porated in or made part of a building, may record his or her identity 
PUBLIC LAW 101-650—DEC. 1, 1990 
104 STAT. 5131 
and address with the Copyright Office. The Register shall also 
establish procedures under which any such author may update the 
information so recorded, and procedures under which owners of 
buildings may record with the Copyright Office evidence of their 
efforts to comply with this subsection.". 
SEC. 605. PREEMPTION. 
Section 301 of title 17, United States Code, is amended by adding 
at the end the following: 
"(f)(1) On or after the effective date set forth in section 610(a) of 
the Visual Artists Rights Act of 1990, all legal or equitable rights 
that are equivalent to any of the rights conferred by section 106A 
with respect to works of visual art to which the rights conferred by 
section 106A apply are governed exclusively by section 106A and 
section 113(d) and the provisions of this title relating to such sec-
tions. Thereafter, no person is entitled to any such right or equiva-
lent right in any work of visual art under the common law or 
statutes of any State. 
"(2) Nothing in paragraph (1) annuls or limits any rights or 
remedies under the common law or statutes of any State with 
respect to— 
"(A) any cause of action from undertakings commenced before 
the effective date set forth in section 610(a) of the Visual Artists 
Rights Act of 1990; 
"(B) activities violating legal or equitable rights that are not 
equivalent to any of the rights conferred by section 106A with 
respect to works of visual art; or 
"(C) activities violating legal or equitable rights which extend 
beyond the life of the author.". 
SEC. 606. INFRINGEMENT ACTIONS. 
(a) IN GENERAL.—Section 501(a) of title 17, United States Code, is 
amended— 
(1) by inserting after "118" the following: "or of the author as 
provided in section 106A(a)"; and 
(2) by striking out "copyright." and inserting in lieu thereof 
"copyright or right of the author, as the case may be. For 
purposes of this chapter (other than section 506), any reference 
to copyright shall be deemed to include the rights conferred by 
• 
section 106A(a).". 
(b) EXCLUSION OF CRIMINAL PENALTIES.—Section 506 of title 17, 
United States Code, is amended by adding at the end thereof the 
following: 
"(f) RIGHTS OF ATTRIBUTION AND INTEGRITY.—Nothing in this sec-
tion applies to infringement of the rights conferred by section 
106A(a).". 
(c) REGISTRATION NOT A PREREQUISITE TO SUIT AND CERTAIN REM-
EDIES.—(1) Section 411(a) of title 17, United States Code, is amended 
in the first sentence by inserting after "United States" the follow-
ing: "and an action brought for a violation of the rights of the 
author under section 106A(a)". 
(2) Section 412 of title 17, United States Code, is amended by 
inserting "an action brought for a violation of the rights of the 
author under section 106A(a) or" after "other than". 
104 STAT. 5132 
PUBLIC LAW 101-650—DEC. 1, 1990 
SEC. 607. FAIR USE. 
Section 107 of title 17, United States Code, is amended by striking 
out "section 106" and inserting in lieu thereof "sections 106 and 
106A". 
17 use 106A 
SEC. 608. STUDIES BY COPYRIGHT OFFICE. 
(a) STUDY ON WAIVER OF RIGHTS PROVISION.— 
(1) STUDY,—The Register of Copyrights shall conduct a study 
on the extent to which rights conferred by subsection (a) of 
section 106A of title 17, United States Code, have been waived 
under subsection (eXD of such section, 
(2) REPORT TO CONGRESS.—Not later than 2 years after the 
date of the enactment of this Act, the Register of Copyrights 
shall submit to the Congress a report on the progress of the 
study conducted under paragraph (1). Not later than 5 years 
after such date of enactment, the Register of Copyrights shall 
submit to the Congress a final report on the results of the study 
conducted under paragraph (1), and any recommendations that 
the Register may have as a result of the study. 
(b) STUDY ON RESALE ROYALTIES.— 
(1) NATURE OF STUDY.—The Register of Copyrights, in con-
sultation with the Chair of the National Endowment for the 
Arts, shall conduct a study on the feasibility of implementing— 
(A) a requirement that, after the first sale of a work of 
art, a royalty on any resale of the work, consisting of a 
percentage of the price, be paid to the author of the work; 
and 
(B) other possible requirements that would achieve the 
objective of allowing an author of a work of art to share 
monetarily in the enhanced value of that work. 
(2) GROUPS TO BE CONSULTED.—The study under paragraph (1) 
shall be conducted in consultation with other appropriate 
departments and agencies of the United States, foreign govern-
ments, and groups involved in the creation, exhibition, dissemi-
nation, and preservation of works of art, including artists, art 
dealers, collectors of fine art, and curators of art museums. 
(3) REPORT TO CONGRESS.—Not later than 18 months after the 
date of the enactment of this Act, the Register of Copyrights 
shall submit to the Congress a report containing the results of 
the study conducted under this subsection, 
17 use 101 note. 
SEC. 609, FIRST AMENDMENT APPLICATION. 
This title does not authorize any governmental entity to take any 
action or enforce restrictions prohibited by the First Amendment to 
the United States Constitution, 
17USei06A 
SEC. 610. EFFECTIVE DATE. 
(a) IN GENERAL.—Subject to subsection (b) and except as provided 
in subsection (c), this title and the amendments made by this title 
take effect 6 months after the date of the enactment of this Act. 
(b) APPUCABILITY.—The rights created by section 106A of title 17, 
United States Code, shall apply to— 
(1) works created before the effective date set forth in subsec-
tion (a) but title to which has not, as of such effective date, been 
transferred from the author, and 
(2) works created on or after such effective date, but shall not 
apply to any destruction, distortion, mutilation, or other modi-
PUBLIC LAW 101-650—DEC. 1, 1990 
104 STAT. 5133 
fication (as described in section 106A(a)(3) of such title) of any 
work which occurred before such effective date, 
(c) SECTION 608.—Section 608 takes effect on the date of the 
enactment of this Act. 
TITLE VII—ARCHITECTURAL WORKS 
SEC. 701. SHORT TITLE. 
This title may be cited as the "Architectural Works Copyright 
Protection Act". 
I 
SEC. 702. DEFINITIONS. 
(a) ARCHITECTURAL WORKS.—Section 101 of title 17, United States 
Code, is amended by inserting after the definition of "anonymous 
work" the following: 
"An 'architectural work' is the design of a building as em-
bodied in any tangible medium of expression, including a build-
ing, architectural plans, or drawings. The work includes the 
overall form as well as the arrangement and composition of 
spaces and elements in the design, but does not include individ-
ual standard features.". 
(b) BERNE CONVENTION WORK.—Section 101 of title 17, United 
States Code, is amended in the definition of "Berne Convention 
work"— 
* 
(1) in paragraph (3)(B) by striking "or" after the semicolon; 
(2) in paragraph (4) by striking the period and inserting "; or"; 
and 
(3) by inserting after paragraph (4) the following: 
"(5) in the case of an architectural work embodied in a 
building, such building is erected in a country adhering to 
the Berne Convention.". 
SEC. 703. SUBJECT MATTER OF COPYRIGHT. 
Section 102(a) of title 17, United States Code, is amended— 
(1) in paragraph (6) by striking "and" after the semicolon; 
(2) in paragraph (7) by striking the period and inserting "; 
and"; and 
(3) by adding after paragraph (7) the following: 
"(8) architectural works.". 
SEC. 704. SCOPE OF EXCLUSIVE RIGHTS IN ARCHITECTURAL WORKS. 
(a) IN GENERAL.—Chapter 1 of title 17, United States Code, is 
amended by adding at the end the following: 
"§ 120. Scope of exclusive rights in architectural works 
"(a) PICTORIAL REPRESENTATIONS PERMITTED.—The copyright in an 
architectural work that has been constructed does not include the 
right to prevent the making, distributing, or public display of pic-
tures, paintings, photographs, or other pictorial representations of 
the work, if the building in which the work is embodied is located in 
or ordinarily visible from a public place. 
"(b) ALTERATIONS TO AND DESTRUCTION OF BUILDINGS.—Notwith-
standing the provisions of section 106(2), the owners of a building 
embodying an architectural work may, without the consent of the 
author or copyright owner of the architectural work, make or 
authorize the making of alterations to such building, and destroy or 
authorize the destruction of such building.". 
Architectural 
Works 
Copyright 
Protection Act. 
17 u s e 101 note. 
104 STAT. 5134 
PUBLIC LAW 101-650—DEC. 1, 1990 
(b) CONFORMING AMENDMENTS.—(1) The table of sections at the 
beginning of chapter 1 of title 17, United States Code, is amended by 
adding at the end of the following: 
"120. Scope of exclusive rights in architectural works.". 
(2) Section 106 of title 17, United States Code, is amended by 
striking "119" and inserting "120". 
SEC. 705. PREEMPTION. 
Section 301(b) of title 17, United States Code, is amended— 
(1) in paragraph (2) by striking "or" after the semicolon: 
(2) in paragraph (3) by striking the period and inserting "; or"; 
and 
(3) by adding after paragraph (3) the following: 
"(4) State and local landmarks, historic preservation, zoning, 
or building codes, relating to architectural works protected 
under section 102(a)(8).". 
17 u s e 101 note. 
SEC. 706. EFFECTIVE DATE. 
Computer 
Software Rental 
Amendments 
Act of 1990. 
Copyright. 
17 u s e 101 note. 
Recordings. 
The amendments made by this title apply to— 
(1) any architectural work created on or after the date of the 
enactment of this Act; and 
(2) any architectural work that, on the date of the enactment 
of this Act, is unconstructed and embodied in unpublished plans 
or drawings, except that protection for such architectural work 
under title 17, United States Code, by virtue of the amendments 
made by this title, shall terminate on December 31, 2002, unless 
the work is constructed by that date. 
TITLE VIII—COMPUTER SOFTWARE 
SEC. 801. SHORT TITLE. 
This title may be cited as the "Computer Software Rental Amend-
ments Act of 1990". 
SEC. 802. RENTAL OF COMPUTER PROGRAMS. 
Section 109(b) of title 17, United States Code, is amended— 
(1) by redesignating paragraphs (2) and (3) as paragraphs (3) 
and (4), respectively; 
(2) by striking paragraph (1) and inserting the following: 
"(b)(1)(A) Notwithstanding the provisions of subsection (a), unless 
authorized by the owners of copyright in the sound recording or the 
owner of copyright in a computer program (including any tape, disk, 
or other medium embodying such program), and in the case of a 
sound recording in the musical works embodied therein, neither the 
owner of a particular phonorecord nor any person in possession of a 
particular copy of a computer program (including any tape, disk, or 
other medium embodying such program), may, for the purposes of 
direct or indirect commercial advantage, dispose of, or authorize the 
disposal of, the possession of that phonorecord or computer program 
(including any tape, disk, or other medium embodying such pro-
gram) by rental, lease, or lending, or by any other act or practice in 
the nature of rental, lease, or lending. Nothing in the preceding 
sentence shall apply to the rental, lease, or lending of a phonorecord 
for nonprofit purposes by a nonprofit libiary or nonprofit edu-
cational institution. The transfer of possession of a lawfully made 
copy of a computer program by a nonprofit educational institution 
PUBLIC LAW 101-650—DEC. 1, 1990 
104 STAT. 5135 
to another nonprofit educational institution or to faculty, staff, and 
students does not constitute rental, lease, or lending for direct or 
indirect commercial purposes under this subsection. 
"(B) This subsection does not apply to— 
"(i) a computer program which is embodied in a machine or 
product and which cannot be copied during the ordinary oper-
ation or use of the machine or product; or 
"(ii) a computer program embodied in or used in conjunction 
with a limited purpose computer that is designed for playing 
video games and may be designed for other purposes. 
"(C) Nothing in this subsection affects any provision of chapter 9 
of this title. 
"(2XA) Nothing in this subsection shall apply to the lending of a 
computer program for nonprofit purposes by a nonprofit library, if 
each copy of a computer program which is lent by such library has 
affixed to the packgiging containing the program a warning of 
copyright in accordance with requirements that the Register of 
Copyrights shall prescribe by regulation. 
"(B) Not later than three years after the date of the enactment of Reports, 
the Computer Software Rental Amendments Act of 1990, and at 
such times thereafter as the Register of Copyright considers appro-
priate, the Register of Copyrights, after consultation with represent-
atives of copyright owners and librarians, shall submit to the Con-
gress a report stating whether this paragraph has achieved its 
intended purpose of maintaining the integrity of the copyright 
system while providing nonprofit libraries the capability to fulfill 
their function. Such report shall advise the Congress as to any 
information or recommendations that the Register of Copyrights 
considers necessary to carry out the purposes of this subsection."; 
and 
(3) by striking paragraph (4), as redesignated by paragraph (1) 
of this section, and inserting the following: 
"(4) Any person who distributes a phonorecord or a copy of a 
computer program (including any tape, disk, or other medium 
embodying such program) in violation of paragraph (1) is an in-
fringer of copyright under section 501 of this title and is subject to 
the remedies set forth in sections 502, 503, 504, 505, and 509. Such 
violation shall not be a criminal offense under section 506 or cause 
such person to be subject to the criminal penalties set forth in 
section 2319 of title 18.". 
SEC. 803. PUBLIC DISPLAY OF ELECTRONIC VIDEO GAMES. 
Section 109 of title 17, United States Code, is amended by adding 
at the end the following: 
"(e) Notwithstanding the provisions of sections 106(4) and 106(5), 
in the case of an electronic audiovisual game intended for use in 
coin-operated equipment, the owner of a particular copy of such a 
game lawfully made under this title, is entitled, without the author-
ity of the copyright owner of the game, to publicly perform or 
display that game in coin-operated equipment, except that this 
subsection shall not apply to any work of authorship embodied in 
the audiovisual game if the copyright owner of the electronic audio-
visual game is not also the copyright owner of the work of 
authorship.". 
104 STAT. 5136 
PUBLIC LAW 101-650—DEC. 1, 1990 
17 u s e 109 note. 
SEC. 804. EFFECTIVE DATE. 
(a) IN GENERAL.—Subject to subsection (b), this title and the 
amendments made in section 802 shall take effect on the date of the 
enactment of this Act. The amendment made by section 803 shall 
take effect one year after such date of enactment. 
Qo) PROSPECTIVE APPLICATION.—Section 109(b) of title 17, United 
States Code, as amended by section 802 of this Act, shall not affect 
the right of a person in possession of a particular copy of a computer 
program, who acquired such copy before the date of the enactment 
of this Act, to dispose of the possession of that copy on or after such 
date of enactment in any manner permitted by section 109 of title 
17, United States Code, as in effect on the day before such date of 
enactment. 
(c) TERMINATION.—The amendments made by section 802 shall not 
apply to rentals, leasings, or lendings (or acts or practices in the 
nature of rentals, leasings, or lendings) occurring on or after Octo-
ber 1, 1997. The amendments made by section 803 shall not apply 
to public performances or displays that occur on or after October 
1,1995. 
17 u s e 205 note. 
SEC. 805. RECORDATION OF SHAREWARE. 
(a) IN GENERAL.—The Register of Copjrrights is authorized, upon 
receipt of any document designated £is pertaining to computer 
shareware and the fee prescribed by section 708 of title 17, United 
States Code, to record the document and return it with a certificate 
of recordation. 
(b) MAINTENANCE OF RECORDS; PUBLICATION OF INFORMATION.— 
The Register of Copjn-ights is authorized to maintain current, sepa-
rate records relating to the recordation of documents under subsec-
tion (a), and to compile and publish at periodic intervals information 
relating to such recordations. Such publications shall be offered for 
sale to the public at prices based on the cost of reproduction and 
distribution. 
(c) DEPOSIT OF COPIES IN LIBRARY^QF CONGRESS.—In the case of 
public domain computer software, at^xthe election of the person 
recording a document under subsection (a), 2 complete copies of the 
best edition (as defined in section 101 of title 17, United States Code) 
of the computer software as embodied in machine-readable form 
may be deposited for the benefit of the Machine-Readable Collec-
tions Reading Room of the Library of Congress. 
(d) REGULATIONS.—The Register of Copyrights is authorized to 
establish regulations not inconsistent with law for the administra-
tion of the functions of the Register under this section. All regula-
PUBLIC LAW 101-650-DEC. 1, 1990 
104 STAT. 5137 
tions established by the Register are subject to the approval of the 
Librarian of Congress. 
Approved December 1, 1990. 
LEGISLATIVE HISTORY—H.R. 5316 (S. 2648) {See H.R. 3134): 
HOUSE REPORTS: No. 101-733 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Sept. 27, considered and passed House. 
Oct. 27, considered and passed Senate, amended, in lieu of S. 2648. House 
concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Dec. 1, Presidential statement.