PUBLIC LAW 110–406—OCT. 13, 2008 122 STAT. 4291 

Public Law 110–406 

110th Congress 

An Act 

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.— 28 USC 123 note. 

Judicial 

Administration 

and Technical 

Amendments Act 

of 2008. 

28 USC 1 note. 

Oct. 13, 2008 

[S. 3569] 


bjneal on POFP91QD1 with PUBLAWS
122 STAT. 4292 PUBLIC LAW 110–406—OCT. 13, 2008 

(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’’. 

28 USC 1871 

note. 


bjneal on POFP91QD1 with PUBLAWS
PUBLIC LAW 110–406—OCT. 13, 2008 122 STAT. 4293 

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: 

‘‘§ 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 


bjneal on POFP91QD1 with PUBLAWS
122 STAT. 4294 PUBLIC LAW 110–406—OCT. 13, 2008 

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— 


bjneal on POFP91QD1 with PUBLAWS
PUBLIC LAW 110–406—OCT. 13, 2008 122 STAT. 4295 

LEGISLATIVE HISTORY—S. 3569: 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

Sept. 27, considered and passed Senate and House. 

Æ 

(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.’’. 

Approved October 13, 2008. 


bjneal on POFP91QD1 with PUBLAWS