Speedy Trial Act Amendments Act of 1979
PL 96-43 (S.961), enacted 08/02/1979

PUBLIC LAW 96-43—AUG. 2, 1979 
93 STAT. 327 
Public Law 96-48 
96th Congress 
An Act 
To amend the Speedy Trial Act of 1974. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, That this Act may be 
cited as the "Speedy Trial Act Amendments Act of 1979". 
SEC. 2. Section 3161(c) of title 18, United States Code, is amended to 
read as follows: 
"(c)(1) In any case in which a plea of not guilty is entered, the trial 
of a defendant charged in an information or indictment with the 
commission of an offense shall commence within seventy days from 
the filing date (and making public) of the information or indictment, 
or from the date the defendant has appeared before a judicial officer 
of the court in which such charge is pending, whichever date last 
occurs. If a defendant consents in writing to be tried before a 
magistrate on a complaint, the trial shall commence within seventy 
days from the date of such consent. 
"(2) Unless the defendant consents in writing to the contrary, the 
trial shall not commence less than thirty days from the date on which 
the defendant first appears through counsel or expressly waives 
counsel and elects to proceed pro se.". 
SEC. 3. (a) Section 3161(d) of that title is amended— 
(1) by inserting "(1)" immediately after "(d)"; and 
(2) by adding at the end the following new paragraph: 
"(2) If the defendant is to be tried upon an indictment or informa-
tion dismissed by a trial court and reinstated following an appeal, the 
trial shall commence within seventy days from the date the action 
occasioning the trial becomes final, except that the court retrying the 
case may extend the period for trial not to exceed one hundred and 
eighty days from the date the action occasioning the trial becomes 
final if the unavailability of witnesses or other factors resulting from 
the passage of time shall make trial within seventy days impractical. 
The periods of delay enumerated in section 3161(h) are excluded in 
computing the time limitations specified in this section. The sanc-
tions of 
section 3162 apply to this subsection.". 
(b) Section 3161(e) of 
that title is amended— 
(1) by striking out "sixty" wherever it appears and inserting in 
lieu thereof "seventy"; and 
(2) by adding at the end the following: "The periods of delay 
enumerated in section 3161(h) are excluded in computing the 
time limitations specified in this section. The sanctions of section 
3162 apply to this subsection.". 
SEC. 4. Section 3161(h)(1) of that title is amended to read as follows: 
"(1) Any period of delay resulting from other proceedings 
concerning the defendant, including but not limited to— 
"(A) delay resulting from any proceeding, including any 
examinations, to determine the mental competency or physi-
cal capacity of the defendant; 
Aug. 2, 1979 
[S. 961] 
Speedy Trial Act 
Amendments of 
1979. 
18 u s e 3161 
note. 
18 use 3161. 
18 u s e 3162. 
18 u s e 3161. 
93 STAT. 328 
PUBLIC LAW 96-43—AUG. 2, 1979 
"(B) delay resulting from any proceeding, including any 
examination of the defendant, pursuant to section 2902 of 
title 28, United States Code; 
"(C) delay resulting from deferral of prosecution pursuant 
to section 2902 of title 28, United States Code; 
"(D) delay resulting from trial with respect to other 
charges against the defendant; 
* 
'(E) delay resulting from any interlocutory appeal; 
"(F) delay resulting from any pretrial motion, from the 
filing of the motion through the conclusion of the hearing on, 
or other prompt disposition of, such motion; 
"(G) delay resulting from any proceeding relating to the 
transfer of a case or the removal of any defendant from 
another district under the Federal Rules of Criminal Proce-
18 use app. 
dure; 
"(H) delay resulting from transportation of any defendant 
from another district, or to and from places of examination 
or hospitalization, except that any time consumed in excess 
of ten days from the date an order of removal or an order 
directing such transportation, and the defendant's arrival at 
the destination shall be presumed to be unreasonable; 
"(I) delay resulting from consideration by the court of a 
proposed plea agreement to be entered into by the defendant 
and the attorney for the Government; and 
"(J) delay reasonably attributable to any period, not to 
exceed thirty days, during which any proceeding concerning 
the defendant is actually under advisement by the court.". 
18 use 3161. 
SEC. 5. (a) Section 3161(h)(8)(B)(ii) of that title is amended to read as 
follows: 
"(ii) Whether the case is so unusual or so complex, due to 
the number of defendants, the nature of the prosecution, or 
the existence of novel questions of fact or law, that it is 
unreasonable to expect adequate preparation for pretrial 
proceedings or for the trial itself within the time limits 
established by this section.". 
(b) Section 3161(h)(8)(B)(iii) of that title is amended to read as 
follows: 
"(iii) Whether, in a case in which arrest precedes indict-
ment, delay in the filing of the indictment is caused because 
the arrest occurs at a time such that it is unreasonable to 
expect return and filing of the indictment within the period 
specified in section 3161(b), or because the facts upon which 
the grand jury must base its determination are unusual or 
complex.". 
(c) Section 3161(h)(8)(B) of that title is further amended by adding at 
the end the following new clause: 
"(iv) Whether the failure to grant such a continuance in a 
case which, taken as a whole, is not so unusual or so complex 
as to fall within clause (ii), would deny the defendant 
reasonable time to obtain counsel, would unreasonably deny 
the defendant or the Government continuity of counsel, or 
would deny counsel for the defendant or the attorney for the 
Government the reasonable time necessary for effective 
preparation, taking into account the exercise of due dili-
gence.". 
18 use 3163. 
SEC. 6. Section 3163(c) of that title is amended to read as follows: 
Post, p. 331; 
"(c) Subject to the provisions of section 3174(c), section 3162 of this 
1
8 use 3162. 
chapter shall become effective and apply to all cases commenced by 
PUBLIC LAW 96-43—AUG. 2, 1979 
93 STAT. 329 
arrest or summons, and all informations or indictments filed, on or 
after July 1,1980.". 
SEC. 7. Section 3164 of that title is amended— 
(1) by amending the section heading to read as follows: 
"§3164. Persons detained or designated as being of high risk"; 
(2) by amending subsection (a) to read as follows: 
"(a) The trial or other disposition of 
cases involving— 
"(1) a detained person who is being held in detention solely 
because he is awaiting trial, and 
"(2) a released person who is awaiting trial and has been 
designated by the attorney for the Government as being of high 
risk, 
shall be accorded priority."; and 
(3) by amending subsection (b) to read as follows: 
"(b) The trial of any person described in subsection (a)(1) or (a)(2) of 
this section shall commence not later than ninety days following the 
beginning of such continuous detention or designation of high risk by 
the attorney for the Government. The periods of delay enumerated in 
section 3161(h) are excluded in computing the time limitation speci-
fied in this section.". 
SEC. 8. Section 3165(e) of that title is amended— 
(1) in paragraph (2), by striking out "subsequent" and inserting 
in lieu thereof "fifth", and 
(2) by adding at the end the following: 
"(3) Not later than June 30,1980, each United States district court 
with respect to which implementation has not been ordered under 
section 3174(c) shall prepare and submit a plan in accordance with 
subsections (a) through (d) to govern the trial or other disposition of 
offenses within the jurisdiction of such court during the sixth and 
subsequent twelve-calendar-month periods following the effective 
date of subsection 31610b) and subsection 3161(c) in effect prior to the 
date of enactment of this paragraph.". 
SEC. 9. (a) Section 3166(b) of that title is amended— 
(1) in paragraph (7), by striking out "and" immediately after 
the semicolon; 
(2) in paragraph (8), by striking out the period and inserting in 
lieu thereof ; and"; and 
(3) by adding at the end the following new paragraph: 
"(9) the impact of compliance with the time limits of subsec-
tions (h) and (c) of section 3161 upon the civil case calendar in the 
district.". 
O
b
) Section 3166(c) of that title is amended— 
(1) in paragraph (5), by striking out "and" immediately after 
the semicolon; 
(2) in paragraph (6), by striking out the period and inserting in 
lieu thereof ; and"; and 
(3) by adding at the end the following new paragraph: 
"(7)(A) the number of new civil cases filed in the twelve-
calendar-month period preceding the submission of the plan; 
"(B) the number of civil cases pending at the close of such 
period; and 
"(C) the increase or decrease in the number of civil cases 
pending at the close of such period, compared to the number 
pending at the close of the previous twelve-calendar-month 
period, and the length of time each such case has been pending.". 
(c) Section 3166 of that title is further amended by adding at the 
end the following new subsection: 
18 use 3164. 
Trial, effective 
date. 
Ante, p. 327. 
18 use 3165. 
U.S. district 
court, submittal 
of plans. 
18 use 3161. 
Time limits. 
18 u s e 3166. 
93 STAT. 330 
PUBLIC LAW 96-43—AUG. 2, 1979 
Guidelines. 
18 use 3168. 
Reports to 
Congress. 
18 u s e 3167. 
18 use 3161; 
ante, p. 327. 
Post, p. 331; 
18 use 3174. 
Report to 
eongress. 
"(f) Each plan may be accompanied by guidelines promulgated by 
the judicial council of the circuit for use by all district courts within 
that circuit to implement and secure compliance with this chapter.". 
(d) Section 3168(a) of that title is amended by striking out "a private 
attorney experienced in the defense of criminal cases in the district" 
and inserting in lieu thereof "two private attorneys, one with 
substantial experience in the defense of criminal cases in the district 
and one with substantial experience in civil litigation in the district". 
(e) Section 3167 of that title is amended— 
(1) in subsection (b), by adding at the end the following: "Such 
reports shall also include the following: 
"(1) The reasons why, in those cases not in compliance with the 
time limits of subsections (b) and (c) of section 3161, the provi-
sions of section 3161(h) have not been adequate to accommodate 
reasonable periods of delay. 
"(2) The category of offenses, the number of defendants, and 
the number of counts involved in those cases which are not 
meeting the time limits specified in subsections (b) and (c) of 
section 3161. 
"(3) The additional judicial resources which would be neces-
sary in order to achieve compliance with the time limits specified 
in subsections (b) and (c) of section 3161. 
"(4) The nature of the remedial measures which have been 
employed to improve conditions and practices in those districts 
with low compliance experience under this chapter or to promote 
the adoption of practices and procedures which have been suc-
cessful in those districts with high compliance experience under 
this chapter. 
"(5) If a district has experienced difficulty in complying with 
this chapter, but an application for relief under section 3174 has 
not been made, the reason why such application has not been 
made. 
"(6) The impact of compliance with the time limits of subsec-
tions (b) and (c) of section 3161 upon the civil case calendar in 
each district as demonstrated by the information assembled and 
statistics compiled and submitted under sections 3166 and 3170."; 
(2) by adding at the end the following new subsection: 
"(c) Not later than December 31, 1979, the Department of Justice 
shall prepare and submit to the Congress a report which sets forth 
the impact of the implementation of this chapter upon the office of 
the United States Attorney in each district and which shall also 
include— 
"(1) the reasons why, in those cases not in compliance, the 
provisions of section 3161(h) have not been adequate to accommo-
date reasonable periods of delay; 
"(2) the nature of the remedial measures which have been 
employed to improve conditions and practices in the offices of the 
United States Attorneys in those districts with low compliance 
experience under this chapter or to promote the adoption of 
practices and procedures which have been successful in those 
districts with high compliance experience under this chapter; 
"(3) the additional resources for the offices of the United States 
Attorneys which would be necessary to achieve compliance with 
the time limits of subsections (b) and (c) of section 3161; 
"(4) suggested changes in the guidelines or other rules imple-
menting this chapter or statutory amendments which the De-
partment of Justice deems necessary to further improve the 
PUBLIC LAW 96-43—AUG. 2, 1979 
93 STAT. 331 
administration of 
justice and meet the objectives of this chapter; 
and 
"(5) the impact of compliance with the time limits of subsec-
tions (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 sentence-
C
D 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 prac-
tices 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 subsec-
tion (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 
Civil cases, 
compliance with 
time limits. 
18 u s e 3161; 
ante, p. 327. 
18 u s e 3170. 
18 u s e 3174. 
Time limits, 
suspension. 
Judicial council, 
implementation 
of provisions. 
Application 
approval. 
93 STAT. 332 
PUBLIC LAW 96-43—AUG. 2, 1979 
Report to 
Congress and to 
Judicial 
Conference of 
United States. 
application, and, in the case of an application made pursuant to 
subsection (a), a proposal for alleviating congestion in the district. 
"(2) The Director of the Administrative Office of the United States 
Courts shall not later than ten days after receipt transmit such report 
to the Congress and to the Judicial Conference of the United States. 
The judicial council of the circuit shall not grant a suspension to any 
district within six months following the expiration of a prior suspen-
sion without the consent of the Congress by Act of Congress. The 
limitation on granting a suspension made by this paragraph shall not 
apply with respect to any judicial district in which the prior suspen-
sion is in effect on the date of the enactment of the Speedy Trial Act 
Amendments Act of 1979. 
"(e) If the chief judge of the district court concludes that the need 
for suspension of time limits in such district under this section is of 
great urgency, he may order the limits suspended for a period not to 
exceed thirty days. Within ten days of entry of such order, the chief 
judge shall apply to the judicial council of the circuit for a suspension 
pursuant to subsection (a)."; and 
(6) by amending the section heading to read as follows: 
"§ 3174. Judicial emergency and implementation". 
SEC. 11. (a) The item relating to section 3164 in the table of sections 
for chapter 208 of 
such title is amended to read as follows: 
"3164. Persons detained or designated as being of high risk.". 
(b) The item relating to section 3174 in the table of sections for 
chapter 208 of such title is amended to read as follows: 
"3174. Judicial emergency and implementation.". 
A p p r o v e d A u g u s t 2, 1979. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-390 (Comm. on the Judiciary). 
SENATE REPORT No. 96-212 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 125 (1979): 
June 19, considered and passed Senate. 
July 31, considered and passed House, amended; Senate con-
curred in House amendmehts.