Page:United States Statutes at Large Volume 93.djvu/363

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PUBLIC LAW 96-000—MMMM. DD, 1979

PUBLIC LAW 96-43—AUG. 2, 1979 administration of justice and meet the objectives of this chapter; and "(5) the impact of compliance with the time limits of subsections (b) and (c) of section 3161 upon the litigation of civil cases by the offices of the United States Attorneys and the rule changes, statutory amendments, and resources necessary to assure that such litigation is not prejudiced by full compliance with this chapter.", (f) Section 3170(a) of that title is amended in the first s e n t e n c e CD by striking out "and" after "process" and inserting in lieu thereof a comma; (2) by inserting a comma after "limits"; (3) by inserting "continuous and permanent compliance with the" immediately before "objectives"; and (4) by striking out "required by" and inserting in lieu thereof "described in". SEC. 10. Section 3174 of that title is amended— (1) by striking out the period after the first sentence in subsection (a) and inserting in lieu thereof the following: "as provided in subsection (b)."; (2) by striking the first two sentences of subsection (h) and inserting the following in lieu thereof: "If the judicial council of the circuit finds that no remedy for such congestion is reasonably available, such council may, upon application by the chief judge of a district, grant a suspension of the time limits in section 3161(c) in such district for a period of time not to exceed one year for the trial of cases for which indictments or informations are filed during such one-year period."; (3) by striking out "arrangement" in the third sentence of subsection (b) and inserting in lieu thereof "indictment"; (4) by amending subsection (c) to read as follows: "(c)(1) If, prior to July 1, 1980, the chief judge of any district concludes, with the concurrence of the planning group convened in the district, that the district is prepared to implement the provisions of section 3162 in their entirety, he may apply to the judicial council of the circuit in which the district is located to implement such provisions. Such application shall show the degree of compliance in the district with the time limits set forth in subsections (b) and (c) of section 3161 during the twelve-calendar-month period preceding the date of such application and shall contain a proposed order and schedule for such implementation, which includes the date on which the provisions of section 3162 are to become effective in the district, the effect such implementation will have upon such district's practices and procedures, and provision for adequate notice to all interested parties. "(2) After review of any such application, the judicial council of the circuit shall enter an order implementing the provisions of section 3162 in their entirety in the district making application, or shall return such application to the chief judge of such district, together with an explanation setting forth such council's reasons for refusing to enter such order."; (5) by adding at the end the following: "(d)(1) The approval of any application made pursuant to subsection (a) or (c) by a judicial council of a circuit shall be reported within ten days to the Director of the Administrative Office of the United States Courts, together with a copy of the application, a written report setting forth in sufficient detail the reasons for granting such

93 STAT. 331

Civil cases, compliance with time limits. 18 USC 3161; ante, p. 327.

18 USC 3170.

18 USC 3174.

Time limits, suspension.

Judicial council, implementation of provisions.

Application approval.