[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3569 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3569

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 24 (legislative day, September 17), 2008

 Mr. Schumer (for himself, Mr. Sessions, and Mr. Leahy) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Judicial 
Administration and Technical Amendments Act of 2008''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Change in composition of divisions of western district of 
                            Tennessee.
Sec. 3. Supplemental attendance fee for petit jurors serving on lengthy 
                            trials.
Sec. 4. Authority of district courts as to a jury summons.
Sec. 5. Public drawing specifications for jury wheels.
Sec. 6. Assessment of court technology costs.
Sec. 7. Repeal of obsolete provision in the bankruptcy code relating to 
                            certain dollar amounts.
Sec. 8. Investment of court registry funds.
Sec. 9. Magistrate judge participation at circuit conferences.
Sec. 10. Selection of chief pretrial services officers.
Sec. 11. Attorney case compensation maximum amounts.
Sec. 12. Expanded delegation authority for reviewing Criminal Justice 
                            Act vouchers in excess of case compensation 
                            maximums.
Sec. 13. Repeal of obsolete cross-references to the Narcotic Addict 
                            Rehabilitation Act.
Sec. 14. Conditions of probation and supervised release.
Sec. 15. Contracting for services for pretrial defendants and post-
                            conviction supervision offenders.
Sec. 16. Judge members of U.S. Sentencing Commission.
Sec. 17. Penalty for failure to appear for jury summons.
Sec. 18. Place of holding court for the District of Minnesota.
Sec. 19. Penalty for employers who retaliate against employees serving 
                            on jury duty.

SEC. 2. CHANGE IN COMPOSITION OF DIVISIONS OF WESTERN DISTRICT OF 
              TENNESSEE.

    (a) In General.--Section 123(c) of title 28, United States Code, is 
amended--
            (1) in paragraph (1)--
                    (A) by inserting ``Dyer,'' after ``Decatur,''; and
                    (B) in the last sentence by inserting ``and 
                Dyersburg'' after ``Jackson''; and
            (2) in paragraph (2)--
                    (A) by striking ``Dyer,''; and
                    (B) in the second sentence, by striking ``and 
                Dyersburg''.
    (b) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        take effect on the date of enactment of this Act.
            (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.
            (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.

SEC. 3. SUPPLEMENTAL ATTENDANCE FEE FOR PETIT JURORS SERVING ON LENGTHY 
              TRIALS.

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

SEC. 4. AUTHORITY OF DISTRICT COURTS AS TO A JURY SUMMONS.

    Section 1866(g) of title 28, United States Code, is amended in the 
first sentence--
            (1) by striking ``shall'' and inserting ``may''; and
            (2) by striking ``his''.

SEC. 5. PUBLIC DRAWING SPECIFICATIONS FOR JURY WHEELS.

    (a) Drawing of Names From Jury Wheel.--Section 1864(a) of title 28, 
United States Code, is amended--
            (1) in the first sentence, by striking ``publicly''; and
            (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.
    (b) Selection and Summoning of Jury Panels.--Section 1866(a) of 
title 28, United States Code, is amended--
            (1) in the second sentence, by striking ``publicly''; and
            (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.
    (c) Technical and Conforming Amendment.--Section 1869 of title 28, 
United States Code, is amended--
            (1) in subsection (j), by adding ``and'' at the end;
            (2) by striking subsection (k); and
            (3) by redesignating subsection (l) as subsection (k).

SEC. 6. ASSESSMENT OF COURT TECHNOLOGY COSTS.

    Section 1920 of title 28, United States Code, is amended--
            (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''; and
            (2) in paragraph (4), by striking ``copies of papers'' and 
        inserting ``the costs of making copies of any materials where 
        the copies are''.

SEC. 7. REPEAL OF OBSOLETE PROVISION IN THE BANKRUPTCY CODE RELATING TO 
              CERTAIN DOLLAR AMOUNTS.

    Section 104 of title 11, United States Code, is amended--
            (1) by striking subsection (a);
            (2) by redesignating subsection (b)(1) as subsection (a) 
        and subparagraphs (A) and (B) of that subsection as paragraphs 
        (1) and (2), respectively;
            (3) by redesignating subsection (b)(2) as subsection (b);
            (4) by redesignating subsection (b)(3) as subsection (c); 
        and
            (5) in subsection (c) (as redesignated by paragraph (4) of 
        this section), by striking ``paragraph (1)'' and inserting 
        ``subsection (a)''.

SEC. 8. INVESTMENT OF COURT REGISTRY FUNDS.

    (a) In General.--Chapter 129 of title 28, United States Code, is 
amended by inserting after section 2044 the following:
``Sec. 2045. Investment of court registry funds
    ``(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.
    ``(b) The Director may designate the clerk of a court described in 
section 610 to exercise the authority conferred by subsection (a).''.
    (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:

``2045. Investment of court registry funds.''.

SEC. 9. MAGISTRATE JUDGE PARTICIPATION AT CIRCUIT CONFERENCES.

    Section 333 of title 28, United States Code, is amended in the 
first sentence by inserting ``magistrate,'' after ``district,''.

SEC. 10. SELECTION OF CHIEF PRETRIAL SERVICES OFFICERS.

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

SEC. 11. ATTORNEY CASE COMPENSATION MAXIMUM AMOUNTS.

    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.

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

    (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''.
    (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''.
    (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''.

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

    Section 3161(h) of title 18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking subparagraphs (B) and (C); and
                    (B) by redesignating subparagraphs (D) through (J) 
                as subparagraphs (B) through (H), respectively;
            (2) by striking paragraph (5); and
            (3) by redesignating paragraphs (6) through (9) as 
        paragraphs (5) through (8), respectively.

SEC. 14. CONDITIONS OF PROBATION AND SUPERVISED RELEASE.

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

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

    (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.
    (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--
            (1) in the third sentence, by striking ``negotiate and 
        award such contracts'' and inserting ``negotiate and award 
        contracts identified in this paragraph''; and
            (2) in the fourth sentence, by inserting ``to expend funds 
        or'' after ``He shall also have the authority''.

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

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

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

    (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.''.
    (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.''.

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

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

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

    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.''.
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