110TH CONGRESS 

2D SESSION S. 3569 

AN ACT 

To make improvements in the operation and administration 

of the Federal courts, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Judicial Administration and Technical Amendments Act 

4 of 2008’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 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. 

7 SEC. 2. CHANGE IN COMPOSITION OF DIVISIONS OF WEST8 ERN DISTRICT OF TENNESSEE. 

9 (a) IN GENERAL.—Section 123(c) of title 28, United 

10 States Code, is amended— 

11 (1) in paragraph (1)— 

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

13 and 
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1 (B) in the last sentence by inserting ‘‘and 

2 Dyersburg’’ after ‘‘Jackson’’; and 

3 (2) in paragraph (2)— 

4 (A) by striking ‘‘Dyer,’’; and 

5 (B) in the second sentence, by striking 

6 ‘‘and Dyersburg’’. 

7 (b) EFFECTIVE DATE.— 

8 (1) IN GENERAL.—The amendments made by 

9 this section shall take effect on the date of enact10 ment of this Act. 

11 (2) PENDING CASES NOT AFFECTED.—The 

12 amendments made by this section shall not affect 

13 any action commenced before the effective date of 

14 this section and pending in the United States Dis15 trict Court for the Western District of Tennessee on 

16 such date. 

17 (3) JURIES NOT AFFECTED.—The amendments 

18 made by this section shall not affect the composi19 tion, or preclude the service, of any grand or petit 

20 jury summoned, impaneled, or actually serving in 

21 the United States District Court for the Western 

22 District of Tennessee on the effective date of this 

23 section. 
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1 SEC. 3. SUPPLEMENTAL ATTENDANCE FEE FOR PETIT JU2 RORS SERVING ON LENGTHY TRIALS. 

3 (a) IN GENERAL.—Section 1871(b)(2) of title 28, 

4 United States Code, is amended by striking ‘‘thirty’’ in 

5 each place it occurs and inserting ‘‘ten’’. 

6 (b) EFFECTIVE DATE.—The amendments made by 

7 this section shall take effect on October 1, 2009. 

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

9 SUMMONS. 

10 Section 1866(g) of title 28, United States Code, is 

11 amended in the first sentence— 

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

13 and 

14 (2) by striking ‘‘his’’. 

15 SEC. 5. PUBLIC DRAWING SPECIFICATIONS FOR JURY 

16 WHEELS. 

17 (a) DRAWING OF NAMES FROM JURY WHEEL.—Sec18 tion 1864(a) of title 28, United States Code, is amended— 

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

20 and 

21 (2) by inserting ‘‘The clerk or jury commission 

22 shall post a general notice for public review in the 

23 clerk’s office and on the court’s website explaining 

24 the process by which names are periodically and ran25 domly drawn.’’ after the first sentence. 
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1 (b) SELECTION AND SUMMONING OF JURY PAN2 ELS.—Section 1866(a) of title 28, United States Code, is 

3 amended— 

4 (1) in the second sentence, by striking ‘‘pub5 licly’’; and 

6 (2) by inserting ‘‘The clerk or jury commission 

7 shall post a general notice for public review in the 

8 clerk’s office and on the court’s website explaining 

9 the process by which names are periodically and ran10 domly drawn.’’ after the second sentence. 

11 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

12 Section 1869 of title 28, United States Code, is amend13 ed— 

14 (1) in subsection (j), by adding ‘‘and’’ at the 

15 end; 

16 (2) by striking subsection (k); and 

17 (3) by redesignating subsection (l) as subsection 

18 (k). 

19 SEC. 6. ASSESSMENT OF COURT TECHNOLOGY COSTS. 

20 Section 1920 of title 28, United States Code, is 

21 amended— 

22 (1) in paragraph (2), by striking ‘‘of the court 

23 reporter for all or any part of the stenographic tran24 script’’ and inserting ‘‘for printed or electronically 

25 recorded transcripts’’; and 
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1 (2) in paragraph (4), by striking ‘‘copies of pa2 pers’’ and inserting ‘‘the costs of making copies of 

3 any materials where the copies are’’. 

4 SEC. 7. REPEAL OF OBSOLETE PROVISION IN THE BANK5 RUPTCY CODE RELATING TO CERTAIN DOL6 LAR AMOUNTS. 

7 Section 104 of title 11, United States Code, is 

8 amended— 

9 (1) by striking subsection (a); 

10 (2) by redesignating subsection (b)(1) as sub11 section (a) and subparagraphs (A) and (B) of that 

12 subsection as paragraphs (1) and (2), respectively; 

13 (3) by redesignating subsection (b)(2) as sub14 section (b); 

15 (4) by redesignating subsection (b)(3) as sub16 section (c); and 

17 (5) in subsection (c) (as redesignated by para18 graph (4) of this section), by striking ‘‘paragraph 

19 (1)’’ and inserting ‘‘subsection (a)’’. 

20 SEC. 8. INVESTMENT OF COURT REGISTRY FUNDS. 

21 (a) IN GENERAL.—Chapter 129 of title 28, United 

22 States Code, is amended by inserting after section 2044 

23 the following: 
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1 ‘‘§ 2045. Investment of court registry funds 

2 ‘‘(a) The Director of the Administrative Office of the 

3 United States Courts, or the Director’s designee under 

4 subsection (b), may request the Secretary of the Treasury 

5 to invest funds received under section 2041 in public debt 

6 securities with maturities suitable to the needs of the 

7 funds, as determined by the Director or the Director’s des8 ignee, and bearing interest at a rate determined by the 

9 Secretary of the Treasury, taking into consideration cur10 rent market yields on outstanding marketable obligations 

11 of the United States of comparable maturity. 

12 ‘‘(b) The Director may designate the clerk of a court 

13 described in section 610 to exercise the authority con14 ferred by subsection (a).’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

16 The table of sections for chapter 129 of title 28, United 

17 States Code, is amended by adding at the end the fol18 lowing: 

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

19 SEC. 9. MAGISTRATE JUDGE PARTICIPATION AT CIRCUIT 

20 CONFERENCES. 

21 Section 333 of title 28, United States Code, is 

22 amended in the first sentence by inserting ‘‘magistrate,’’ 

23 after ‘‘district,’’. 
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1 SEC. 10. SELECTION OF CHIEF PRETRIAL SERVICES OFFI2 CERS. 

3 Section 3152 of title 18, United States Code, is 

4 amended by striking subsection (c) and inserting the fol5 lowing: 

6 ‘‘(c) The pretrial services established under sub7 section (b) of this section shall be supervised by a chief 

8 pretrial services officer appointed by the district court. 

9 The chief pretrial services officer appointed under this 

10 subsection shall be an individual other than one serving 

11 under authority of section 3602 of this title.’’. 

12 SEC. 11. ATTORNEY CASE COMPENSATION MAXIMUM 

13 AMOUNTS. 

14 Section 3006A(d)(2) of title 18, United States Code, 

15 is amended by adding ‘‘The compensation maximum 

16 amounts provided in this paragraph shall increase simulta17 neously by the same percentage, rounded to the nearest 

18 multiple of $100, as the aggregate percentage increases 

19 in the maximum hourly compensation rate paid pursuant 

20 to paragraph (1) for time expended since the case max21 imum amounts were last adjusted.’’ at the end. 
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1 SEC. 12. EXPANDED DELEGATION AUTHORITY FOR REVIEW2 ING CRIMINAL JUSTICE ACT VOUCHERS IN 

3 EXCESS OF CASE COMPENSATION MAXI4 MUMS. 

5 (a) WAIVING MAXIMUM AMOUNTS.—Section 

6 3006A(d)(3) of title 18, United States Code, is amended 

7 in the second sentence by inserting ‘‘or senior’’ after ‘‘ac8 tive’’. 

9 (b) SERVICES OTHER THAN COUNSEL.—Section 

10 3006A(e)(3) of title 18, United States Code, is amended 

11 in the second sentence by inserting ‘‘or senior’’ after ‘‘ac12 tive’’. 

13 (c) COUNSEL FOR FINANCIALLY UNABLE DEFEND14 ANTS.—Section 3599(g)(2) of title 18, United States 

15 Code, is amended in the second sentence by inserting ‘‘or 

16 senior’’ after ‘‘active’’. 

17 SEC. 13. REPEAL OF OBSOLETE CROSS-REFERENCES TO 

18 THE NARCOTIC ADDICT REHABILITATION 

19 ACT. 

20 Section 3161(h) of title 18, United States Code, is 

21 amended— 

22 (1) in paragraph (1)— 

23 (A) by striking subparagraphs (B) and 

24 (C); and 
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1 (B) by redesignating subparagraphs (D) 

2 through (J) as subparagraphs (B) through (H), 

3 respectively; 

4 (2) by striking paragraph (5); and 

5 (3) by redesignating paragraphs (6) through 

6 (9) as paragraphs (5) through (8), respectively. 

7 SEC. 14. CONDITIONS OF PROBATION AND SUPERVISED RE8 LEASE. 

9 (a) CONDITIONS OF PROBATION.—Section 

10 3563(a)(2) of title 18, United States Code, is amended 

11 by striking ‘‘(b)(2), (b)(3), or (b)(13),’’ and inserting 

12 ‘‘(b)(2) or (b)(12), unless the court has imposed a fine 

13 under this chapter, or’’. 

14 (b) SUPERVISED RELEASE AFTER IMPRISONMENT.— 

15 Section 3583(d) of title 18, United States Code, is amend16 ed by striking ‘‘section 3563(b)(1)’’ and all that follows 

17 through ‘‘appropriate.’’ and inserting ‘‘section 3563(b) 

18 and any other condition it considers to be appropriate, 

19 provided, however that a condition set forth in subsection 

20 3563(b)(10) shall be imposed only for a violation of a con21 dition of supervised release in accordance with section 

22 3583(e)(2) and only when facilities are available.’’. 

23 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

24 Section 3563(b)(10) of title 18, United States Code, is 
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1 amended by inserting ‘‘or supervised release’’ after ‘‘pro2 bation’’. 

3 SEC. 15. CONTRACTING FOR SERVICES FOR PRETRIAL DE4 FENDANTS AND POST-CONVICTION SUPER5 VISION OFFENDERS. 

6 (a) PRETRIAL SERVICE FUNCTIONS.—Section 

7 3154(4) of title 18, United States Code, is amended by 

8 inserting ‘‘, and contract with any appropriate public or 

9 private agency or person, or expend funds, to monitor and 

10 provide treatment as well as nontreatment services to any 

11 such persons released in the community, including equip12 ment and emergency housing, corrective and preventative 

13 guidance and training, and other services reasonably 

14 deemed necessary to protect the public and ensure that 

15 such persons appear in court as required’’ before the pe16 riod. 

17 (b) DUTIES OF DIRECTOR OF ADMINISTRATIVE OF18 FICE OF THE UNITED STATES COURTS.—Section 3672 of 

19 title 18, United States Code, is amended in the seventh 

20 undesignated paragraph— 

21 (1) in the third sentence, by striking ‘‘negotiate 

22 and award such contracts’’ and inserting ‘‘negotiate 

23 and award contracts identified in this paragraph’’; 

24 and 
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1 (2) in the fourth sentence, by inserting ‘‘to ex2 pend funds or’’ after ‘‘He shall also have the author3 ity’’. 

4 SEC. 16. JUDGE MEMBERS OF U.S. SENTENCING COMMIS5 SION. 

6 Section 991(a) of title 28, United States Code, is 

7 amended in the third sentence by striking ‘‘Not more 

8 than’’ and inserting ‘‘At least’’. 

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

10 SUMMONS. 

11 (a) SECTION 1864 SUMMONS.—Section 1864(b) of 

12 title 28, United States Code, is amended by striking 

13 ‘‘$100 or imprisoned not more than three days, or both.’’ 

14 each place it appears and inserting ‘‘$1,000, imprisoned 

15 not more than three days, ordered to perform community 

16 service, or any combination thereof.’’. 

17 (b) SECTION 1866 SUMMONS.—Section 1866(g) of 

18 title 28, United States Code, is amended by striking 

19 ‘‘$100 or imprisoned not more than three days, or both.’’ 

20 and inserting ‘‘$1,000, imprisoned not more than three 

21 days, ordered to perform community service, or any com22 bination thereof.’’. 
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1 SEC. 18. PLACE OF HOLDING COURT FOR THE DISTRICT OF 

2 MINNESOTA. 

3 Section 103(6) of title 28, United States Code, is 

4 amended in the second sentence by inserting ‘‘and 

5 Bemidji’’ before the period. 

6 SEC. 19. PENALTY FOR EMPLOYERS WHO RETALIATE 

7 AGAINST EMPLOYEES SERVING ON JURY 

8 DUTY. 

9 Section 1875(b)(3) of title 28, United States Code, 

10 is amended by striking ‘‘$1,000 for each violation as to 

11 each employee.’’ and inserting ‘‘$5,000 for each violation 

12 as to each employee, and may be ordered to perform com13 munity service.’’. 

Passed the Senate September 27 (legislative day, 

September 17), 2008. 

Attest: 

Secretary. 
110TH CONGRESS 

2D SESSION S. 3569 

AN ACT 

To make improvements in the operation and adminpurposes. istration of the Federal courts, and for other