101st CONGRESS
2d Session
H. R. 5316
AMENDMENT
HR 5316 EAS
In the Senate of the United States,
October 27 (legislative day, October 2), 1990.
Resolved, That the bill from the House of Representatives (H.R. 5316)
entitled `An Act to provide for the appointment of additional Federal
circuit and district judges, and for other purposes' do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
That this Act may be cited as the `Judicial Improvements Act of 1990'.

0449e67a5c08e0aee64f82eebbbb4c4ca720eba60874e5620fc80345d5d69d65

This title may be cited as the `Civil Justice Reform Act of 1990'.

74272d6779c7bb6a8332eea4cc8a0f307f3818c3261181a8e91a4444666dc9b4

TITLE I

-CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS

The Congress finds that:
(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 litigants' 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 reduction can effectively and promptly communicate those
techniques to all participants in the civil justice system.
(5) Evidence suggests that an effective litigation management and cost and
delay reduction program should incorporate several 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
(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.

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(a) IN GENERAL- (1) During the four-year period beginning on January 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).
(b) 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 timeframes 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 District 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 Conference 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 Conference 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.

3b64fbebed32ca50c5d8e1fcae107bd82ca53b096be11ec1fefebbd8e3ef756b

(a) IN GENERAL- (1) During the four-year period beginning on January 1,
1991, the Judicial Conference 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 section 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 Districts shall include the six 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 five 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 three years. At the end of that
three-year period, the Pilot Districts shall no longer be required to
include, in their expense and delay reduction plans, the six 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 as 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.
(2)(A) The Judicial Conference shall include in its report a recommendation
as to whether some or all district courts should be required to include, in
their expense and delay reduction plans, the six 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 programs 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.

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(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 implementation 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 implement chapter 23 of
title 28, United States Code.
(c) DEMONSTRATION PROGRAM- There is authorized to be appropriated not
more than $5,000,000 for fiscal year 1991 to carry out the provisions of
section 104.

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This title may be cited as the `Federal Judgeship Act of 1990'.

aa45b9fd0cc1ff37d28c9793ac9506f9370ad94e5d5ff7769f78fd8d91020993

TITLE II

-FEDERAL JUDGESHIPS

(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;
(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.'.

ed71b8b39ad800a9d7fc4668e6333c5be9a1a6c3f0ff86141cfb68ebb9196698

(a) IN GENERAL- The President shall appoint, by and with the advice and
consent of the Senate--
(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;
(14) 1 additional district judge for the district of Massachusetts;
(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 Hampshire;
(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.
(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 western 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 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 two district judgeships for the eastern and western
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 official duty station at Oklahoma City
on the date of 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 with the
advice and consent of the Senate--
(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 five 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 district judgeships
authorized as a result of subsections (a) and (b) of this section, such
table is amended to read as follows:
`Districts
--Judges
7
3
3
3
8
5
3
14
6
27
8
7
8
4
15
4
11
16
11
4
3
3
2
22
3
3
5
5
2
3
5
4
4
1
13
2
7
3
10
13
15
4
7
3
6
6
5
2
3
3
4
3
17
5
4
28
15
4
4
4
3
2
11
8
3
1
6
1
6
22
6
10
7
3
9
3
5
4
5
12
18
7
10
5
2
9
4
4
7
3
5
4
2
3.'.

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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.

b4246e2a1538421d3467e36446359807fb69a4ded8b2b3a58d42b2f4790a8b58

(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 conducting such review the Comptroller
General shall, at a minimum, determine the extent to which such policies,
procedures, and methodologies--
(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 General 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 Conference that were reviewed in the report.

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This title shall take effect on the date of enactment of this title.

606bdf802449c11bf6ded1caf2ea8c45a700a4abe4c3da2ddbde313a0b5d58d0

This title may be cited as the `Federal Courts Study Committee Implementation
Act of 1990'.

ecaec5eab6e2cd84ffd9c5fb101f255df95184395d26a254ed2f97b244eeb18f

TITLE III

-IMPLEMENTATION OF FEDERAL COURTS STUDY COMMITTEE RECOMMENDATIONS

THE COURTS OF APPEALS BY FEDERAL JUDICIAL 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 are 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 its report to
the Congress and the Judicial Conference of the United States, no later
than 2 years after the date of the enactment of this Act.

8edf0fc7e90199f202600c6d21cd0f2f59cafb9d0df99de1c228aea5e6cbd7e7

BRANCH AGENCIES.
Section 133 of title 28, United States Code, is amended by adding at the
end thereof the following:
(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 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,
administrative assistant to the Chief Justice.'.

7154d595585a4caaa360322ce14d76b52df3344b7665a30776c0faae0fb97e31

Section 152(a) 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.'.

e4c9f722fba197e93f00a78d29f7416d1dab3e0a8141cc3fed53e5040ff24c01

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.'.

d6c980c3e7fe1ac39cc3ec7b0e39a57d9fe8134821d9e3969b6b945bb2fff45a

762586ce81f4933a2349f96a2608182fa82e22466715bfe25ca2ac6d009b6b29

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'.

5a45e4976e04b0c8c1696121362b364118fe462aed81ba9d7c4083673b5e9a8a

(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 of' and inserting in lieu thereof `the availability of a
magistrate to exercise'; and
(2) by striking out 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'.

13912c78a581912dd97c6362adda2244cdae0e1eb1b30c234bd2dc0a61b5226b

(a) ABSTENTION DETERMINATIONS UNDER TITLE 11, 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'.

bf2e5ea0ed306b7636141c6d07e5d9e587cf3d9799ec9b7d75f4c750b47417c6

(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
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 as 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 claims 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.
`(d) The period of limitations for any claim asserted under subsection (a),
and for any other claim in the same action that is voluntarily 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 sections for chapter
85 of title 28, United States Code, is amended by adding at the end thereof
the following new item:
`1367. Supplemental jurisdiction.'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
civil actions commenced on or after the date of the enactment of this Act.

e619d753cb0a06a69c3b777dbef49e863cdc5c201c4fe6654ddb47010fa46699

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 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 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)'.

3dd7456b8cbec1d05fb0fac879ea8f23a7b919e198fa12a33b12bf0fd6c9794b

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'.

67f7a4230fd8df153e1b17f9568043636dc18fa4e138c0e9902fdc629da4f02e

(a) IN GENERAL- Chapter 111 of title 28, United States Code, is amended
by adding at the end thereof the following:
` 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 sections 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 apply with
respect to causes of action accruing on or after the date of the enactment
of this Act.

9ec4fd109dd7bf6d7c88551e6d46ae5dc9a5e98f65eee521b005854f4dfbf19c

(a) WITNESS FEES- Section 1821(b) of title 28, United States Code, is
amended by striking out `$30' and inserting in lieu thereof `$40'.
(b) 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 paragraph (3) by striking out `$5' and inserting in lieu thereof
`$10'.

ddc527df3c49a2760d0a9a2cbe510718ac733f1db0c80dd217b25eb366193d67

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.'.

362b71ea6c0e7b0de697d6c62dca634f9906a861b934e09f604d6297a9cafb1a

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.

ba0672e614d7f927a207ceac62c422131ed5c5412e197e8960bc4da2ee9e7355

(a) EXTENSION- Section 302(d)(3) 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 (A)(ii), by striking out `October 1, 1992' and inserting
in lieu thereof `October 1, 2002';
(2) in subparagraph (F)(i)(II), by striking out `October 1, 1992' and
inserting in lieu thereof `October 1, 2002';
(3) in subparagraph (F)(i), by striking out `October 1, 1993' and inserting
in lieu thereof `October 1, 2003'; and
(4) in subparagraph (F)(ii), by striking out `October 1, 1993' and inserting
in lieu thereof `October 1, 2003'.
(b) STANDING- A bankruptcy administrator may raise and may appear and
be heard on any issue in any case under title 11, United States Code,
but may not file a plan pursuant to section 1121(c) of such title.
(c) POWER OF THE COURT- Section 302(d)(3)(A)(ii) of the Bankruptcy Judges,
United States Trustees, and Family Farmer Bankruptcy 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'.

fec20ac8ffd1af117aa335fdc641552dba73331c6049909b4da92c656c1c863c

(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 Judicial Conference
shall assess the effectiveness of the Federal defender program, including
the following:
(1) The impact of judicial involvement in the selection and compensation
of the Federal public defenders and the independence of Federal defender
organizations, including the establishment 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 compensation 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 representation.
(6) The adequacy of administrative support for defender services programs.
(7) Maximum amounts of compensation for attorneys with regard to appeals
of habeas corpus to 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 transportation and subsistence expenses,
including food and lodging, both prior to and during judicial proceedings.
(c) REPORT- No later than March 31, 1992, the Judicial Conference 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 defender program
counsel that includes an amount to cover reasonable overhead and a reasonable
hourly fee; and
(3) a discussion of any procedural or operational changes that the Judicial
Conference finds appropriate for implementation by the courts of the
United States.

f92fcc69cca567175e28f2e5a2993e5ea1fa9a183c8deacda3487343d42ad423

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:
`(b) 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 (a)(5) of this section shall
not be treated as outside earned income for the purpose of the limitation
under section 501(a).'.

093c18d7813ed549b22b224a96f31157c10f00c26168868f620610e1ff85821e

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,'.

0b2962e2b3493081b3417201f94b966b2c1106ff3fabf471a38da540df89f90d

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 appointed under section 631 of title 28, United States Code.

59788b8d59e644a0d11d5999b56f8ff9ba656d140fa4ceeee70b5e955df4ff3f

SURVIVORS' ANNUITIES ACT.
(a) ELIGIBILITY 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)--
(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 deducted 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 section
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 investigates 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)(1)(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 subparagraphs (A),
(B), and (C), respectively;
(3) in subparagraph (A) as so redesignated, by inserting `subject 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 assassination
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 survivor'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-
(1) EFFECTIVE DATE- Subject to paragraph (2), the amendments 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 assassinated 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 otherwise
payable to the survivor or survivors of such judicial official, and the
payment authorized by subparagraph (C) of this paragraph, 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 subparagraph (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 as 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 Treasury shall pay into the Judicial Survivors'
Annuities fund, out of any money in the Treasury not otherwise appropriated,
the amount 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' and `assassination' have the meanings given those terms
in section 376(a)(7) of title 28, United States Code, as added by this
section; and
(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 (1)(ii)'; and
(ii) by striking out `subparagraph (1)(C)' and inserting in lieu thereof
`paragraph (1)(iii)'.
(2) Subsection (a)(5)(C) is amended by striking out `subparagraph' and
inserting in lieu thereof `paragraph'.

bc938069e9dd69a607bdd164b693cb967c5131992fcb7f867cf8966b59c40370

(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 redesignating paragraphs (4)
through (7) as paragraphs (3) through (6), respectively.

7ae4f02499fe81c6c66a89da55d191e38ee421ed7bb3de12ae912ad8f8e16d44

(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 Washington' and inserting
in lieu thereof `and Shannon'.

3fbf80724c3759e2bae0399a41bb64bd6cf73601da4bd0eef9bc72811221bbb5

(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
`15. Appeals.'
and inserting in lieu thereof
`15. Inapplicability of the 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 by 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 subsection 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(a)(22) 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(a)(6) 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 inserting 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 amended--
(A) by striking out `inserting a comma in lieu of the semicolon 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(b)(5)(A)(ii) of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1989
(102 Stat. 2201) is amended by striking out `whichever, occurs later,'
and inserting in lieu thereof `whichever occurs later,'.

9f8f67432047f97cb6cd0ce4b58aea2e8b345826bad62251c094b96bf226a15a

This title may be cited as the `Judicial Discipline and Removal Reform
Act of 1990'.
Subtitle I--Judicial Discipline

5e7d6094fa799d63a81c213a926d63304143bd3ddb99fe624de790ab213a2f6f

TITLE IV

-JUDICIAL DISCIPLINE AND JUDICIAL REMOVAL

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- Paragraph (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 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 determination 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 subparagraphs (B) and
(C), respectively; and
(E) by inserting the following new subparagraph (A) immediately 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;'.
(d) IMPEACHMENT RECOMMENDATIONS WITH RESPECT TO CONVICTED JUDGES- Section
372(c) of such title is further amended in paragraph (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 determination 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 (3)(B) 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) as 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 (6)(C), recommend
that the Director of the Administrative Office of the United States Courts
award reimbursement, from funds appropriated 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 (7)(B) of section 372(c) of such
title is amended--
(A) by striking out `has engaged in conduct' and inserting in lieu thereof
`may have engaged in conduct'; and
(B) in clause (i) by striking out `article I' and inserting in lieu thereof
`article II'.
(2) Paragraph (14)(C) of such section, as redesignated by subsection
(c)(2)(D) of this section, is amended by striking out `subject to the
complaint' and inserting in lieu thereof `subject of the complaint'.

6f789b73327b4baeaa728088524d36cb6b5b429945103bf9248246cd7218b877

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 institute 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.'.

6461b75411d99e12b232d733657b9133d14299ed89ae3328628b6c03bc579838

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'.

7ce5980b3733becdeaf36cd0a4140aa58babb6a3cb595a2bf23c92da298eebd2

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 individual serves of the referral.'.

69f3d56ee1d89356f256b2846565084b4f0119158597620b9e69c9fa0e21d565

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'.

49d8c5bfb9058406b2c19a95b036c3e51a9921bb7b6e6969e9f73f63862133c1

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

a256b9a3982771a61b00af4c493b82ab8c7d299b0aad0ac354892317431b6b51

This subtitle may be cited as the `National Commission on Judicial Discipline
and Removal Act'.

c14e6ceb2b65f6ae18030a11297a8b31d6415c7b83e912ee4426bd881a77a44c

There is hereby established a commission to be known as the `National
Commission on Judicial Discipline and Removal' (hereafter in this subtitle
referred to as the `Commission').

8b11772d7f2c9805b11ffb5977ab7183afcc5d82a0cf30f4f410d9f7b7d98c00

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
(3) to prepare and submit to the Congress, the Chief Justice of the United
States, and the President a report in accordance with section 415.

7c34cede898a86674d7fa4aa40d66744922ac482f1ac6aa22953a269e7a2ca94

(a) NUMBER AND APPOINTMENT- The Commission shall be composed 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 appointment 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.

f745a3d39fff2a604e8f29da48fa77242d30fe6c9b0aa2cc0740fe3514e1c480

(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.

e04ef725f9504f1ea9bd44e824fd53244900ba22e8c93ce5a7333c75cc2d4474

(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 necessary 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 classification 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.

16fc0e8763698e20b59cc17b8902d5efd43865808674109c6c56932e5d41844d

(a) HEARINGS AND SESSIONS- The Commission or, on authorization 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 Commission may administer oaths or affirmations
to witnesses appearing before it.
(b) OBTAINING OFFICIAL DATA- The Commission may secure directly 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 General 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 departments and agencies of
the United States.
(f) GIFTS- The Commission may accept, use, and dispose of gifts or donations
of services or property.

666216448eee513b2018d549ec0d97acf682a1b3569f26f49a537ea06d3241e7

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.

c7928a04f6299b303aae7d7e387d4dd5dc6dcc2b263ceeab82cb8e291a7d4616

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.

77b6cce7d2c8f6a8965a005eb1d06af72af7903b774a22bd68d1d74bcabd5625

There is authorized to be appropriated the sum of $750,000 to carry out
the provisions of this subtitle.

7e2dfe1dc4cb11d20acda7b90df15a140590043a91c2959ffebd64909bc0fd78

This subtitle shall take effect on the date of the enactment of this Act.

593e56f74bdc62c987f46b6cfe9bb6ea977251863b7a250839d877915853f0d6

(a) SHORT TITLE- This section may be cited as the `Television Program
Improvement Act of 1990'.
(b) 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.
(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.

3dc694acdb17f6e9747b927ee3091432efefbcad0a6d59b72a0f1c619ac5c48a

TITLE V

-TELEVISION PROGRAM IMPROVEMENT

This title may be cited as the `Visual Artists Rights Act of 1990'.

80510c1e46af94b543e0f65a211861d5114cfbdf43b043a71250efa82a8b90f9

TITLE VI

-VISUAL ARTISTS RIGHTS

Section 101 of title 17, United States Code, is amended by inserting 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 fabricated sculptures of two hundred 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--
`(A)(i) any poster, map, globe, chart, technical drawing, diagram, model,
applied art, motion picture or other audiovisual 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.'.

1b5b7b315a85f06eb28df40a57a8d80fe4b0fe11169b88e9ff42f5c926aa3077

(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:
`Sec. 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
`(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 destruction 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 described 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 modification
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 9(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 9(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 subsection (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 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 beginning 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.'.

eabb1eea537b95d637d357ca037c6264d26390036c33c37269b1a7ab2a40928f

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(a)(3), and
`(B) the author consented to the installation of the work in the building
either before the effective date set forth in section 9(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 reason 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(a)(3), 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 without 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 Copyrights 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.
`(3) The Register of Copyrights shall establish a system of records whereby
any author of a work of visual art that has been incorporated in or made
part of a building, may record his identity 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.'.

cf581f8bd17d1a93f477712a654174949dcb3acc74343390e2cc613c57983763

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 9(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 sections. Thereafter,
no person is entitled to any such right or equivalent 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 9(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.'.

8aeb619ac55d9776358c4efbef35a9dfef4e5871686485790bce50d3d574ac63

(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 section applies
to infringement of the rights conferred by section 106A(a).'.
(c) REGISTRATION NOT A PREREQUISITE TO SUIT AND CERTAIN REMEDIES- (1)
Section 411(a) of title 17, United States Code, is amended in the first
sentence by inserting after `United States' the following: `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'.

06728582faf35ef54de6a9049f3c28ea0ef77f196f72ea3844562962a088ba55

Section 107 of title 17, United States Code, is amended by striking out
`section 106' and inserting in lieu thereof `sections 106 and 106A'.

d88d360df7578c9fd1fe7215ed2b7358a55b63842b526cbfb87bcbd31b5943e8

(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 (e)(1) 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 consultation 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 governments, and groups involved in the creation,
exhibition, dissemination, 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.

7be341fc05bb9ea2a8ea5b4cb04f754fa7dc0ecd6bc420dfff98a61e6e592002

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.

eaba5ddadd0157007ed74f36e7ef27764aa5cc97e4c3af94b56f629dc17ad218

(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) APPLICABILITY- 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 subsection (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 modification (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.

c4a5b765b37ab79f931b14f4215823c16d23002342af2a313fa31d4f51a90925

This title may be cited as the `Architectural Works Copyright Protection
Act'.

531bf0a45ea5430255575c5020a8902ccb1b2439e8a25f063b5fee7d27cd20a4

TITLE VII

-ARCHITECTURAL WORKS

(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 embodied in any
tangible medium of expression, including a building, 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
individual 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.'.

0ebab44f407c02c980fb5034aeaca07f229b80c90404b578ea0d45c4a3fab422

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.'.

9fe325d1be2b811493878bbd05a91e20a154d9d4e3a9fd182e84e65fface2ab4

(a) IN GENERAL- Chapter 1 of title 17, United States Code, is amended by
adding at the end the following:
`Sec. 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 pictures, 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- Notwithstanding
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.'.
(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'.

0f14a7769bf76372ca6ef729d1b36562611daa74e52686416aca34623ad0ce89

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).'.

6df6bac743923a6766f55c8f4b88fdd57a78947fd0cc49432e5572909558ecdf

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.

6073ec3f16a20bcce1fcc85b42fc033d680419448804f9ff43ba09befbbc5034

This title may be cited as the `Computer Software Rental Amendments Act
of 1990'.

3c95a1d9709586e3cd2d499afc0d0623901d942deea154be4b7ba6332e52e88c

TITLE VIII

-COMPUTER SOFTWARE

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  program)
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 library or nonprofit  educational institution. The transfer
of possession of a lawfully made copy of a computer program by a nonprofit
educational institution 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 operation 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.
`(2)(A) 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 packaging
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
the Computer Software Rental Amendments Act of 1990, and at such times
thereafter as the Register of Copyright considers appropriate, the Register
of Copyrights, after consultation with representatives of copyright owners
and librarians, shall submit to the Congress 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 infringer 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.'.

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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 authority 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
audiovisual game is not also the copyright owner of the work of authorship.'.

6fb3c6c1751307c28a686ef64b77181b10c6d7c5c98a771729ea653e42a302e9

(a) IN GENERAL- Subject to subsection (b), the amendments made in sections
102, 104 and 105 shall take effect on the date of enactment. The amendments
made by section 103 shall take effect one year from the date of enactment.
(b) PROSPECTIVE APPLICATION- Section 109(b) of title 17, United States
Code, as amended by section 102 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 102 shall not apply to
rentals, leasings, or lendings (or acts or practices in the nature of
rentals, leasings, or lendings) occurring on or after October 1, 1997. The
amendments made by section 103 shall not apply to public performances or
displays that occur on or after October 1, 1995.

9bfc48bb0338c6ab61977af75a8e5f839f31e4176d39b1865141f0154f885973

(a) IN GENERAL- The Register of Copyrights is authorized, upon receipt of
any document designated as 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
Copyrights is authorized to maintain current, separate records relating
to the recordation of documents under subsection (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 OF CONGRESS- In the case of public domain
computer software, at the 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 Collections Reading Room of the Library of Congress.
(d) REGULATIONS- The Register of Copyrights is authorized to establish
regulations not inconsistent with law for the administration of the
functions of the Register under this section. All regulations established
by the Register are subject to the approval of the Librarian of Congress.
Attest:
Secretary.
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Architectural Works Copyright Protection Act — HR. 5316

Other Sections