Page:United States Statutes at Large Volume 105 Part 2.djvu/674

 105 STAT. 1626 PUBLIC LAW 102-198—DEC. 9, 1991 (b) CLERICAL AMENDMENTS. — (1) The subtitle heading for subtitle II of the Judicial Discipline and Removal Reform Act of 1990 is amended by striking "Impeachment" and inserting "Discipline and Removal". (2) Section 409 of the National Commission on Judicial Discipline 28 USC 372 note, and Removal Act (28 U.S.C. note) is amended by striking "hereafter" and inserting "hereinafter". SEC. 9. STUDY OF CRIMINAL JUSTICE ACT PROGRAM. 18 USC 3006A Section 318(c) of the Judicial Improvements Act of 1990 is amend- »°*® ed by striking "March 31, 1992" and inserting "March 31, 1993". SEC. 10. OTHER TECHNICAL CORRECTIONS TO TITLE 28, UNITED STATES CODE. (a) PROCEDURE FOR REMOVAL.— Section 1446 of title 28, United States Code, is amended— (1) by striking "petition for" each place it appears and inserting "notice of; (2) in subsection (c)(3), by striking "petition is first denied" and inserting "prosecution is first remanded"; (3) by striking paragraphs (4) and (5) of subsection (c) and inserting the following: "(4) The United States district court in which such notice is filed shall examine the notice promptly. If it clearly appears on the face of the notice and any exhibits annexed thereto that removal should not be permitted, the court shall make an order for summary remand. "(5) If the United States district court does not order the summa^ remand of such prosecution, it shall order an evidentiary hearing to be held promptly and after such hearing shall make such disposition of the prosecution as justice shall require. If the United States district court determines that removal shall be permitted, it shall so notify the State court in which prosecution is pending, which shall proceed no further."; (4) by striking "petition" each place it appears and inserting "notice"; and (5) in subsection (d)— (A) by striking "the removal" and inserting "removal"; and (B) by striking out "and bond". (b) PROCEDURE AFTER REMOVAL GENERALLY.—Section 1447(b) of title 28, United States Code, is amended by striking "petitioner" and inserting "removing party". (c) APPOINTMENT OF CIRCUIT JUDGES. —Section 44(c) of title 28, United States Code, is amended by striking "this Act" and inserting "the Federal Courts Improvement Act of 1982". . 28 USC 2074 SEC. 11. AMENDMENTS TO RULES OF CIVIL PROCEDURE. 28 uisc app. (a) TECHNICAL AMENDMENT.— Rule 15(c)(3) of the Federal Rules of Civil Procedure for the United States Courts, as transmitted to the Congress by the Supreme Court pursuant to section 2074 of title 28, United States Code, to become effective on December 1, 1991, is amended by striking "Rule 4(m)" and inserting "Rule 4(j)". 28 USC app. (b) AMENDMENT TO FORMS. —Form 1-A, Notice of Lawsuit and Request for Waiver of Service of Summons, and Form 1-B, Waiver of Service of Summons, included in the transmittal by the Supreme Court described in subsection (a), shall not be effective and Form 18-

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