To make improvements in the operation and administration of the Federal courts, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.CommentsClose CommentsPermalink

(a) Short Title- This Act may be cited as the ‘Judicial Administration and Technical Amendments Act of 2008’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Change in composition of divisions of western district of Tennessee.CommentsClose CommentsPermalink





Sec. 3. Supplemental attendance fee for petit jurors serving on lengthy trials.CommentsClose CommentsPermalink





Sec. 4. Authority of district courts as to a jury summons.CommentsClose CommentsPermalink





Sec. 5. Public drawing specifications for jury wheels.CommentsClose CommentsPermalink





Sec. 6. Assessment of court technology costs.CommentsClose CommentsPermalink





Sec. 7. Repeal of obsolete provision in the bankruptcy code relating to certain dollar amounts.CommentsClose CommentsPermalink





Sec. 8. Investment of court registry funds.CommentsClose CommentsPermalink





Sec. 9. Magistrate judge participation at circuit conferences.CommentsClose CommentsPermalink





Sec. 10. Selection of chief pretrial services officers.CommentsClose CommentsPermalink





Sec. 11. Attorney case compensation maximum amounts.CommentsClose CommentsPermalink





Sec. 12. Expanded delegation authority for reviewing Criminal Justice Act vouchers in excess of case compensation maximums.CommentsClose CommentsPermalink





Sec. 13. Repeal of obsolete cross-references to the Narcotic Addict Rehabilitation Act.CommentsClose CommentsPermalink





Sec. 14. Conditions of probation and supervised release.CommentsClose CommentsPermalink





Sec. 15. Contracting for services for pretrial defendants and post-conviction supervision offenders.CommentsClose CommentsPermalink





Sec. 16. Judge members of U.S. Sentencing Commission.CommentsClose CommentsPermalink





Sec. 17. Penalty for failure to appear for jury summons.CommentsClose CommentsPermalink





Sec. 18. Place of holding court for the District of Minnesota.CommentsClose CommentsPermalink





Sec. 19. Penalty for employers who retaliate against employees serving on jury duty.CommentsClose CommentsPermalink

(a) In General- Section 123(c) of title 28, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by inserting ‘Dyer,’ after ‘Decatur,’; andCommentsClose CommentsPermalink





(B) in the last sentence by inserting ‘and Dyersburg’ after ‘Jackson’; andCommentsClose CommentsPermalink





(2) in paragraph (2)--CommentsClose CommentsPermalink





(A) by striking ‘Dyer,’; andCommentsClose CommentsPermalink





(B) in the second sentence, by striking ‘and Dyersburg’.CommentsClose CommentsPermalink





(b) Effective Date-CommentsClose CommentsPermalink





(1) IN GENERAL- The amendments made by this section shall take effect on the date of enactment of this Act.CommentsClose CommentsPermalink





(2) PENDING CASES NOT AFFECTED- The amendments made by this section shall not affect any action commenced before the effective date of this section and pending in the United States District Court for the Western District of Tennessee on such date.CommentsClose CommentsPermalink





(3) JURIES NOT AFFECTED- The amendments made by this section shall not affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving in the United States District Court for the Western District of Tennessee on the effective date of this section.CommentsClose CommentsPermalink

(a) In General- Section 1871(b)(2) of title 28, United States Code, is amended by striking ‘thirty’ in each place it occurs and inserting ‘ten’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall take effect on October 1, 2009.CommentsClose CommentsPermalink

Section 1866(g) of title 28, United States Code, is amended in the first sentence--CommentsClose CommentsPermalink





(1) by striking ‘shall’ and inserting ‘may’; andCommentsClose CommentsPermalink





(2) by striking ‘his’.CommentsClose CommentsPermalink

(a) Drawing of Names From Jury Wheel- Section 1864(a) of title 28, United States Code, is amended--CommentsClose CommentsPermalink





(1) in the first sentence, by striking ‘publicly’; andCommentsClose CommentsPermalink





(2) by inserting ‘The clerk or jury commission shall post a general notice for public review in the clerk’s office and on the court’s website explaining the process by which names are periodically and randomly drawn.’ after the first sentence.CommentsClose CommentsPermalink





(b) Selection and Summoning of Jury Panels- Section 1866(a) of title 28, United States Code, is amended--CommentsClose CommentsPermalink





(1) in the second sentence, by striking ‘publicly’; andCommentsClose CommentsPermalink





(2) by inserting ‘The clerk or jury commission shall post a general notice for public review in the clerk’s office and on the court’s website explaining the process by which names are periodically and randomly drawn.’ after the second sentence.CommentsClose CommentsPermalink





(c) Technical and Conforming Amendment- Section 1869 of title 28, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (j), by adding ‘and’ at the end;CommentsClose CommentsPermalink





(2) by striking subsection (k); andCommentsClose CommentsPermalink





(3) by redesignating subsection (l) as subsection (k).CommentsClose CommentsPermalink

Section 1920 of title 28, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (2), by striking ‘of the court reporter for all or any part of the stenographic transcript’ and inserting ‘for printed or electronically recorded transcripts’; andCommentsClose CommentsPermalink





(2) in paragraph (4), by striking ‘copies of papers’ and inserting ‘the costs of making copies of any materials where the copies are’.CommentsClose CommentsPermalink

Section 104 of title 11, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking subsection (a);CommentsClose CommentsPermalink





(2) by redesignating subsection (b)(1) as subsection (a) and subparagraphs (A) and (B) of that subsection as paragraphs (1) and (2), respectively;CommentsClose CommentsPermalink





(3) by redesignating subsection (b)(2) as subsection (b);CommentsClose CommentsPermalink





(4) by redesignating subsection (b)(3) as subsection (c); andCommentsClose CommentsPermalink





(5) in subsection (c) (as redesignated by paragraph (4) of this section), by striking ‘paragraph (1)’ and inserting ‘subsection (a)’.CommentsClose CommentsPermalink

(a) In General- Chapter 129 of title 28, United States Code, is amended by inserting after section 2044 the following:CommentsClose CommentsPermalink

-‘Sec. 2045. Investment of court registry fundsCommentsClose CommentsPermalink

‘(a) The Director of the Administrative Office of the United States Courts, or the Director’s designee under subsection (b), may request the Secretary of the Treasury to invest funds received under section 2041 in public debt securities with maturities suitable to the needs of the funds, as determined by the Director or the Director’s designee, and bearing interest at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity.CommentsClose CommentsPermalink





‘(b) The Director may designate the clerk of a court described in section 610 to exercise the authority conferred by subsection (a).’.CommentsClose CommentsPermalink





(b) Technical and Conforming Amendment- The table of sections for chapter 129 of title 28, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘2045. Investment of court registry funds.’.CommentsClose CommentsPermalink

Section 333 of title 28, United States Code, is amended in the first sentence by inserting ‘magistrate,’ after ‘district,’.CommentsClose CommentsPermalink





SEC. 10. SELECTION OF CHIEF PRETRIAL SERVICES OFFICERS.CommentsClose CommentsPermalink





Section 3152 of title 18, United States Code, is amended by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink





‘(c) The pretrial services established under subsection (b) of this section shall be supervised by a chief pretrial services officer appointed by the district court. The chief pretrial services officer appointed under this subsection shall be an individual other than one serving under authority of section 3602 of this title.’.CommentsClose CommentsPermalink





SEC. 11. ATTORNEY CASE COMPENSATION MAXIMUM AMOUNTS.CommentsClose CommentsPermalink





Section 3006A(d)(2) of title 18, United States Code, is amended by adding ‘The compensation maximum amounts provided in this paragraph shall increase simultaneously by the same percentage, rounded to the nearest multiple of $100, as the aggregate percentage increases in the maximum hourly compensation rate paid pursuant to paragraph (1) for time expended since the case maximum amounts were last adjusted.’ at the end.CommentsClose CommentsPermalink





SEC. 12. EXPANDED DELEGATION AUTHORITY FOR REVIEWING CRIMINAL JUSTICE ACT VOUCHERS IN EXCESS OF CASE COMPENSATION MAXIMUMS.CommentsClose CommentsPermalink





(a) Waiving Maximum Amounts- Section 3006A(d)(3) of title 18, United States Code, is amended in the second sentence by inserting ‘or senior’ after ‘active’.CommentsClose CommentsPermalink





(b) Services Other Than Counsel- Section 3006A(e)(3) of title 18, United States Code, is amended in the second sentence by inserting ‘or senior’ after ‘active’.CommentsClose CommentsPermalink





(c) Counsel for Financially Unable Defendants- Section 3599(g)(2) of title 18, United States Code, is amended in the second sentence by inserting ‘or senior’ after ‘active’.CommentsClose CommentsPermalink





SEC. 13. REPEAL OF OBSOLETE CROSS-REFERENCES TO THE NARCOTIC ADDICT REHABILITATION ACT.CommentsClose CommentsPermalink





Section 3161(h) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by striking subparagraphs (B) and (C); andCommentsClose CommentsPermalink





(B) by redesignating subparagraphs (D) through (J) as subparagraphs (B) through (H), respectively;CommentsClose CommentsPermalink





(2) by striking paragraph (5); andCommentsClose CommentsPermalink





(3) by redesignating paragraphs (6) through (9) as paragraphs (5) through (8), respectively.CommentsClose CommentsPermalink





SEC. 14. CONDITIONS OF PROBATION AND SUPERVISED RELEASE.CommentsClose CommentsPermalink





(a) Conditions of Probation- Section 3563(a)(2) of title 18, United States Code, is amended by striking ‘(b)(2), (b)(3), or (b)(13),’ and inserting ‘(b)(2) or (b)(12), unless the court has imposed a fine under this chapter, or’.CommentsClose CommentsPermalink





(b) Supervised Release After Imprisonment- Section 3583(d) of title 18, United States Code, is amended by striking ‘section 3563(b)(1)’ and all that follows through ‘appropriate.’ and inserting ‘section 3563(b) and any other condition it considers to be appropriate, provided, however that a condition set forth in subsection 3563(b)(10) shall be imposed only for a violation of a condition of supervised release in accordance with section 3583(e)(2) and only when facilities are available.’.CommentsClose CommentsPermalink





(c) Technical and Conforming Amendment- Section 3563(b)(10) of title 18, United States Code, is amended by inserting ‘or supervised release’ after ‘probation’.CommentsClose CommentsPermalink





SEC. 15. CONTRACTING FOR SERVICES FOR PRETRIAL DEFENDANTS AND POST-CONVICTION SUPERVISION OFFENDERS.CommentsClose CommentsPermalink





(a) Pretrial Service Functions- Section 3154(4) of title 18, United States Code, is amended by inserting ‘, and contract with any appropriate public or private agency or person, or expend funds, to monitor and provide treatment as well as nontreatment services to any such persons released in the community, including equipment and emergency housing, corrective and preventative guidance and training, and other services reasonably deemed necessary to protect the public and ensure that such persons appear in court as required’ before the period.CommentsClose CommentsPermalink





(b) Duties of Director of Administrative Office of the United States Courts- Section 3672 of title 18, United States Code, is amended in the seventh undesignated paragraph--CommentsClose CommentsPermalink





(1) in the third sentence, by striking ‘negotiate and award such contracts’ and inserting ‘negotiate and award contracts identified in this paragraph’; andCommentsClose CommentsPermalink





(2) in the fourth sentence, by inserting ‘to expend funds or’ after ‘He shall also have the authority’.CommentsClose CommentsPermalink





SEC. 16. JUDGE MEMBERS OF U.S. SENTENCING COMMISSION.CommentsClose CommentsPermalink





Section 991(a) of title 28, United States Code, is amended in the third sentence by striking ‘Not more than’ and inserting ‘At least’.CommentsClose CommentsPermalink





SEC. 17. PENALTY FOR FAILURE TO APPEAR FOR JURY SUMMONS.CommentsClose CommentsPermalink





(a) Section 1864 Summons- Section 1864(b) of title 28, United States Code, is amended by striking ‘$100 or imprisoned not more than three days, or both.’ each place it appears and inserting ‘$1,000, imprisoned not more than three days, ordered to perform community service, or any combination thereof.’.CommentsClose CommentsPermalink





(b) Section 1866 Summons- Section 1866(g) of title 28, United States Code, is amended by striking ‘$100 or imprisoned not more than three days, or both.’ and inserting ‘$1,000, imprisoned not more than three days, ordered to perform community service, or any combination thereof.’.CommentsClose CommentsPermalink





SEC. 18. PLACE OF HOLDING COURT FOR THE DISTRICT OF MINNESOTA.CommentsClose CommentsPermalink





Section 103(6) of title 28, United States Code, is amended in the second sentence by inserting ‘and Bemidji’ before the period.CommentsClose CommentsPermalink





SEC. 19. PENALTY FOR EMPLOYERS WHO RETALIATE AGAINST EMPLOYEES SERVING ON JURY DUTY.CommentsClose CommentsPermalink





Section 1875(b)(3) of title 28, United States Code, is amended by striking ‘$1,000 for each violation as to each employee.’ and inserting ‘$5,000 for each violation as to each employee, and may be ordered to perform community service.’.CommentsClose CommentsPermalink

Passed the Senate September 27 (legislative day, September 17), 2008.Attest:Secretary.