II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Judicial Administration and Technical Amendments Act 

6 of 2008’’. 

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

8 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. 


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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. 

1 SEC. 2. CHANGE IN COMPOSITION OF DIVISIONS OF WEST2 ERN DISTRICT OF TENNESSEE. 

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

4 States Code, is amended— 

5 (1) in paragraph (1)— 

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

7 and 

8 (B) in the last sentence by inserting ‘‘and 

9 Dyersburg’’ after ‘‘Jackson’’; and 

10 (2) in paragraph (2)— 

11 (A) by striking ‘‘Dyer,’’; and 

12 (B) in the second sentence, by striking 

13 ‘‘and Dyersburg’’. 

14 (b) EFFECTIVE DATE.— 


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

2 this section shall take effect on the date of enact3 ment of this Act. 

4 (2) PENDING CASES NOT AFFECTED.—The 

5 amendments made by this section shall not affect 

6 any action commenced before the effective date of 

7 this section and pending in the United States Dis8 trict Court for the Western District of Tennessee on 

9 such date. 

10 (3) JURIES NOT AFFECTED.—The amendments 

11 made by this section shall not affect the composi12 tion, or preclude the service, of any grand or petit 

13 jury summoned, impaneled, or actually serving in 

14 the United States District Court for the Western 

15 District of Tennessee on the effective date of this 

16 section. 

17 SEC. 3. SUPPLEMENTAL ATTENDANCE FEE FOR PETIT JU18 RORS SERVING ON LENGTHY TRIALS. 

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

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

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

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

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


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

2 SUMMONS. 

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

4 amended in the first sentence— 

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

6 and 

7 (2) by striking ‘‘his’’. 

8 SEC. 5. PUBLIC DRAWING SPECIFICATIONS FOR JURY 

9 WHEELS. 

10 (a) DRAWING OF NAMES FROM JURY WHEEL.—Sec11 tion 1864(a) of title 28, United States Code, is amended— 

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

13 and 

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

15 shall post a general notice for public review in the 

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

17 the process by which names are periodically and ran18 domly drawn.’’ after the first sentence. 

19 (b) SELECTION AND SUMMONING OF JURY PAN20 ELS.—Section 1866(a) of title 28, United States Code, is 

21 amended— 

22 (1) in the second sentence, by striking ‘‘pub23 licly’’; and 

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

25 shall post a general notice for public review in the 

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


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1 the process by which names are periodically and ran2 domly drawn.’’ after the second sentence. 

3 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

4 Section 1869 of title 28, United States Code, is amend5 ed— 

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

7 end; 

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

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

10 (k). 

11 SEC. 6. ASSESSMENT OF COURT TECHNOLOGY COSTS. 

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

13 amended— 

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

15 reporter for all or any part of the stenographic tran16 script’’ and inserting ‘‘for printed or electronically 

17 recorded transcripts’’; and 

18 (2) in paragraph (4), by striking ‘‘copies of pa19 pers’’ and inserting ‘‘the costs of making copies of 

20 any materials where the copies are’’. 

21 SEC. 7. REPEAL OF OBSOLETE PROVISION IN THE BANK22 RUPTCY CODE RELATING TO CERTAIN DOL23 LAR AMOUNTS. 

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

25 amended— 


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1 (1) by striking subsection (a); 

2 (2) by redesignating subsection (b)(1) as sub3 section (a) and subparagraphs (A) and (B) of that 

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

5 (3) by redesignating subsection (b)(2) as sub6 section (b); 

7 (4) by redesignating subsection (b)(3) as sub8 section (c); and 

9 (5) in subsection (c) (as redesignated by para10 graph (4) of this section), by striking ‘‘paragraph 

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

12 SEC. 8. INVESTMENT OF COURT REGISTRY FUNDS. 

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

14 States Code, is amended by inserting after section 2044 

15 the following: 

16 ‘‘§ 2045. Investment of court registry funds 

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

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

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

20 to invest funds received under section 2041 in public debt 

21 securities with maturities suitable to the needs of the 

22 funds, as determined by the Director or the Director’s des23 ignee, and bearing interest at a rate determined by the 

24 Secretary of the Treasury, taking into consideration curVerDate Aug 31 2005 03:06 Sep 26, 2008 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3569.IS S3569

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1 rent market yields on outstanding marketable obligations 

2 of the United States of comparable maturity. 

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

4 described in section 610 to exercise the authority con5 ferred by subsection (a).’’. 

6 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

8 States Code, is amended by adding at the end the fol9 lowing: 

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

10 SEC. 9. MAGISTRATE JUDGE PARTICIPATION AT CIRCUIT 

11 CONFERENCES. 

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

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

14 after ‘‘district,’’. 

15 SEC. 10. SELECTION OF CHIEF PRETRIAL SERVICES OFFI16 CERS. 

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

18 amended by striking subsection (c) and inserting the fol19 lowing: 

20 ‘‘(c) The pretrial services established under sub21 section (b) of this section shall be supervised by a chief 

22 pretrial services officer appointed by the district court. 

23 The chief pretrial services officer appointed under this 

24 subsection shall be an individual other than one serving 

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


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1 SEC. 11. ATTORNEY CASE COMPENSATION MAXIMUM 

2 AMOUNTS. 

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

4 is amended by adding ‘‘The compensation maximum 

5 amounts provided in this paragraph shall increase simulta6 neously by the same percentage, rounded to the nearest 

7 multiple of $100, as the aggregate percentage increases 

8 in the maximum hourly compensation rate paid pursuant 

9 to paragraph (1) for time expended since the case max10 imum amounts were last adjusted.’’ at the end. 

11 SEC. 12. EXPANDED DELEGATION AUTHORITY FOR REVIEW12 ING CRIMINAL JUSTICE ACT VOUCHERS IN 

13 EXCESS OF CASE COMPENSATION MAXI14 MUMS. 

15 (a) WAIVING MAXIMUM AMOUNTS.—Section 

16 3006A(d)(3) of title 18, United States Code, is amended 

17 in the second sentence by inserting ‘‘or senior’’ after ‘‘ac18 tive’’. 

19 (b) SERVICES OTHER THAN COUNSEL.—Section 

20 3006A(e)(3) of title 18, United States Code, is amended 

21 in the second sentence by inserting ‘‘or senior’’ after ‘‘ac22 tive’’. 

23 (c) COUNSEL FOR FINANCIALLY UNABLE DEFEND24 ANTS.—Section 3599(g)(2) of title 18, United States 

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

26 senior’’ after ‘‘active’’. 


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

2 THE NARCOTIC ADDICT REHABILITATION 

3 ACT. 

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

5 amended— 

6 (1) in paragraph (1)— 

7 (A) by striking subparagraphs (B) and 

8 (C); and 

9 (B) by redesignating subparagraphs (D) 

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

11 respectively; 

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

13 (3) by redesignating paragraphs (6) through 

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

15 SEC. 14. CONDITIONS OF PROBATION AND SUPERVISED RE16 LEASE. 

17 (a) CONDITIONS OF PROBATION.—Section 

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

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

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

21 under this chapter, or’’. 

22 (b) SUPERVISED RELEASE AFTER IMPRISONMENT.— 

23 Section 3583(d) of title 18, United States Code, is amend24 ed by striking ‘‘section 3563(b)(1)’’ and all that follows 

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

26 and any other condition it considers to be appropriate, 


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1 provided, however that a condition set forth in subsection 

2 3563(b)(10) shall be imposed only for a violation of a con3 dition of supervised release in accordance with section 

4 3583(e)(2) and only when facilities are available.’’. 

5 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

6 Section 3563(b)(10) of title 18, United States Code, is 

7 amended by inserting ‘‘or supervised release’’ after ‘‘pro8 bation’’. 

9 SEC. 15. CONTRACTING FOR SERVICES FOR PRETRIAL DE10 FENDANTS AND POST-CONVICTION SUPER11 VISION OFFENDERS. 

12 (a) PRETRIAL SERVICE FUNCTIONS.—Section 

13 3154(4) of title 18, United States Code, is amended by 

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

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

16 provide treatment as well as nontreatment services to any 

17 such persons released in the community, including equip18 ment and emergency housing, corrective and preventative 

19 guidance and training, and other services reasonably 

20 deemed necessary to protect the public and ensure that 

21 such persons appear in court as required’’ before the pe22 riod. 

23 (b) DUTIES OF DIRECTOR OF ADMINISTRATIVE OF24 FICE OF THE UNITED STATES COURTS.—Section 3672 of 


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

2 undesignated paragraph— 

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

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

5 and award contracts identified in this paragraph’’; 

6 and 

7 (2) in the fourth sentence, by inserting ‘‘to ex8 pend funds or’’ after ‘‘He shall also have the author9 ity’’. 

10 SEC. 16. JUDGE MEMBERS OF U.S. SENTENCING COMMIS11 SION. 

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

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

14 than’’ and inserting ‘‘At least’’. 

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

16 SUMMONS. 

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

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

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

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

21 not more than three days, ordered to perform community 

22 service, or any combination thereof.’’. 

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

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

25 ‘‘$100 or imprisoned not more than three days, or both.’’ 


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

2 days, ordered to perform community service, or any com3 bination thereof.’’. 

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

5 MINNESOTA. 

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

7 amended in the second sentence by inserting ‘‘and 

8 Bemidji’’ before the period. 

9 SEC. 19. PENALTY FOR EMPLOYERS WHO RETALIATE 

10 AGAINST EMPLOYEES SERVING ON JURY 

11 DUTY. 

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

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

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

15 as to each employee, and may be ordered to perform com16 munity service.’’. 

Æ 


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