Page:United States Statutes at Large Volume 92 Part 2.djvu/353

 PUBLIC LAW 95-486—OCT. 20, 1978

92 STAT. 1633

section 136 shall not be effective with respect to any district having two judges in regular active service so long as the district judge holding the position of chief judge of any such district on such date of enactment continues to hold such position". SEC. 5. (a) Section 46(c) of title 28 of the United States Code is amended— (1) in the first sentence, by striking out "division" and inserting "panel" in lieu thereof; and (2) by striking out the third sentence. (b) The heading of section 46 of title 28 of the United States Code is amended by striking out "divisions" and inserting "panels" in lieu thereof. (c) The item relating to section 46 in the table of sections for chapter 3 of title 28 of the United States Code is amended by striking out "divisions" and inserting "panels" in lieu thereof. SEC. 6. Any court of appeals having more than 15 active judges may Appeals court constitute itself into administrative units complete with such facilities units. and staff as may be prescribed by the Administrative Office of the 28 USC 41 note. United States Courts, and may perform its en banc function by such number of members of its en banc courts as may be prescribed by rule of the court of appeals. SEC. 7. (a) The first section and section 2 of this Act shall take effect 28 USC 133 note immediately upon the President's promulgation and publication of standards and guidelines for the selection, on the basis of merit, of nominees for United States district court judgeships authorized by this Act. (b) The President may waive such standards and guidelines with Waiver, respect to any nomination by notifying the Senate of the reasons for notification to Senate. such waiver. (c) Following the promulgation and publication of such standards and guidelines, no nomination or appointment to a United States district court judgeship may be invalidated on the basis of the President's failure to comply with this section or with any standards or guidelines promulgated under this section. (d) This Act, other than the first section and section 2, shall take effect on the date of enactment of this Act. 28 USC 133 note. SEC. 8. The Congress— (1) takes notice of the fact that only 1 percent of Federal judges are women and only 4 percent are blacks; and (2) suggests that the President, in selecting individuals for nomination to the Federal judgeships created by this Act, give due consideration to qualified individuals regardless of race, color, sex, religion, or national origin. SEC. 9. (a) Section 1337 of title 28 of the United States Code is amended to read as follows: "§ 1337. Commerce and antitrust regulations; amount in controversy, costs "(a) The district courts shall have original jurisdiction of any civil action or proceeding arising under any Act of Congress regulating commerce or protecting trade and commerce against restraints ana monopolies: Provided, however, That the district courts shall have original jurisdiction of an action brought under section 20(11) of part I of the Interstate Commerce Act (49 U.S.C. 20(11)) or section 219 of part II of such Act (49 U.S.C. 319), only if the matter in con-

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