[Congressional Record Volume 154, Number 155 (Saturday, September 27, 2008)]
[House]
[Pages H10270-H10272]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      JUDICIAL ADMINISTRATION AND TECHNICAL AMENDMENTS ACT OF 2008

  Ms. ZOE LOFGREN of California. Mr. Speaker, I move to suspend the 
rules and pass the Senate bill (S. 3569) to make improvements in the 
operation and administration of the Federal courts, and for other 
purposes.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                S. 3569

       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

[[Page H10271]]

     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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Ms. Zoe Lofgren) and the gentleman from Texas (Mr. Smith) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Ms. ZOE LOFGREN of California. Mr. Speaker, I ask unanimous consent 
that all Members have 5 legislative days to revise and extend their 
remarks and to include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Ms. ZOE LOFGREN of California. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, this bill contains what we believe are noncontroversial 
measures proposed by the Judicial Conference to improve efficiency in 
the Federal courts. Many have passed the House in a prior Congress in 
similar forms.
  The bill makes some realignments in the place of holding court within 
specified judicial districts so as to better serve local communities. 
It permits a chief pretrial services officer to be chosen locally by 
the district court, just like the chief probation officer. It updates 
the penalty for failure to appear for jury duty, or lying on a 
questionnaire to avoid jury duty, by raising the maximum fine from $100 
to $1,000, and by allowing the judge to impose community service.
  The bill also increases the maximum penalty for employers who 
retaliate against employees who are called to serve on jury duty.
  Other updates include making electronically produced information 
coverable in court costs, and adding magistrate judges to the list who 
can be included in circuit Judicial Conferences.
  I think this bill, while noncontroversial, is certainly important in 
increasing the efficiency of our judicial

[[Page H10272]]

branch, and I hope that we will unanimously support it.
  I would reserve the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, the purpose of S. 3569 is to implement noncontroversial 
administrative provisions that the Judicial Conference and the House 
Judiciary Committee believe are necessary to improve the operations of 
the Federal judiciary. These provisions will provide justice for the 
American people as well.
  The Judicial Conference is the policy-making body of the Federal 
judiciary, and through its committee system, it evaluates court 
operations. The conference endorses all of the provisions in this bill, 
which the other body passed by unanimous consent.
  S. 3569 affects a wide range of judicial branch programs and 
operations, including those pertaining to financial administration, 
process improvements, and personnel administration.
  The House has passed five of the bills' provisions in previous 
Congresses.
  The bill incorporates 18 separate items, including a section that 
eliminates the noticing and public drawing requirements for selecting 
names from jury wheels because the process is performed by computers; a 
section that adds magistrate judges to the list of circuit, district, 
and bankruptcy judges who may be summoned to attend circuit Judicial 
Conferences; a section that clarifies a court may bring individuals 
into court when they do not respond to a jury summons, thus eliminating 
non-meritorious challenges to an impaneled jury; a section that 
eliminates an obsolete provision in the Bankruptcy Code relating to the 
calculation of uniform percentage dollar adjustments; and a section 
that increases penalties for employers who retaliate against employees 
serving on jury duty.
  Mr. Speaker, S. 3569 is necessary to improve the functioning of the 
U.S. courts which will ultimately benefit the country and the American 
people. This is a noncontroversial bill, and I urge my colleagues to 
support it.
  I want to point out that for the third consecutive time now, I have 
agreed with my colleague from California, Congresswoman Zoe Lofgren, in 
supporting this piece of legislation, specifically S. 3569.
  Ms. ZOE LOFGREN of California. Will the gentleman yield?
  Mr. SMITH of Texas. I will be happy to yield to the gentlewoman.
  Ms. ZOE LOFGREN of California. I would just note this bill, while 
perhaps boring to many Members, is important to us. And it is a measure 
that we have adopted with so many of these Members in prior Congresses, 
and yet because they have to do with down-in-the-weeds issues in the 
Judiciary, they don't always get the attention that they should.
  I'm hopeful, and I'm glad, that we have worked so collaboratively 
together on these but that we can really work in partnership with our 
other branch of government for some of these efficiency things. They're 
not big policy issues, but they're things that will make the judiciary 
more effective. They need our help in many cases to do that. And I 
think this may be a marker that we're ready to really hold our hands 
out in that effort.
  And I do thank the gentleman for yielding.

                              {time}  1915

  Mr. SMITH of Texas. Mr. Speaker, I just want to reply and say that I 
agree with the points made by the gentlewoman from California. They are 
excellent ones, and we might also add that in a bill like this like, so 
many bills that are considered by the House and that have been marked 
up and approved by the Judiciary Committee, sometimes we're talking 
about sort of arcane subject matter, and yet so much of what is 
incorporated in this bill and so much of what is part of many other 
bills do help the judicial process. They do help the American people 
get better justice. They either save the American people time or they 
make sure that there's a more ethical result as a result of the actions 
of the court, and in this particular bill, as a result of the actions 
of the juries themselves.
  So bills like this may seem, at first glance, to either be somewhat 
technical or somewhat even incomprehensible, but at the bottom line 
they do improve the justice system of the United States, which can give 
everybody, I think, a sense of confidence that not only does the system 
work, but it works in this case in a bipartisan way since Members of 
both parties do support this legislation which improves the justice 
system.
  I would be happy to yield to the gentlewoman from California again if 
she would like.
  Ms. ZOE LOFGREN of California. I thank the gentleman for yielding. 
And as you and I both serve on the Courts and Intellectual Property 
Subcommittee, and most of what we have done has been on the 
intellectual property side of that, and important as that work is, this 
is a measure that the court side also is important.
  So, again, I look forward to next year. I think both you and I will 
return and dig in on some of these issues.
  Mr. SMITH of Texas. Reclaiming my time, this being the end of the 
congressional session, with the expectation that we might well adjourn 
or go into recess tomorrow until next year, it's not often that we on 
the House floor can recognize the towns of our colleagues. And I would 
just like to say in this case that the gentlewoman from California, 
while she mentioned the Intellectual Property Subcommittee, which 
reminds me of her talents and her interests in high-tech issues, and 
she does represent a good part of Silicon Valley, so she comes by her 
talents and her expertise naturally.
  But in addition to that, she was formerly, before coming to Congress, 
an immigration attorney. She happens to be chairman of the Immigration 
Subcommittee today, and so she brings to that subcommittee, as she does 
the Intellectual Property Subcommittee, a number of talents and skills 
that benefit the House as a whole and benefit the Judiciary Committee, 
in particular.
  So I would just like to thank her for her work these last few years 
on those subjects and so many other subjects that she brings these 
skills to and has helped promote both on the floor and in the Judiciary 
Committee itself.
  Mr. Speaker, I yield back the balance of my time.
  Ms. ZOE LOFGREN of California. Mr. Speaker, I would just like to 
thank Mr. Smith for his enormously complimentary and gracious comments. 
I look forward to working with him next year. I urge my colleagues to 
support this bill.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Ms. Zoe Lofgren) that the House suspend 
the rules and pass the Senate bill, S. 3569.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________