S. 3569Senate110th Congress (2007-2009)Enacted

Judicial Administration and Technical Amendments Act of 2008

Introduced September 24, 2008

Legislative Activity

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Became Law Latest Action

Became Public Law No: 110-406.

October 13, 2008

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SenateIntro Referral

Introduced in Senate

September 24, 2008

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

September 24, 2008

SenateCommittee

Senate Committee on the Judiciary discharged by Unanimous Consent.(consideration: CR S9897-9899)

September 27, 2008

SenateDischarge

Senate Committee on the Judiciary discharged by Unanimous Consent. (consideration: CR S9897-9899)

September 27, 2008

SenateFloor

Passed Senate without amendment by Unanimous Consent. (text: CR S9898-9899)

September 27, 2008

HouseFloor

Received in the House.

September 27, 2008 • 3:08 PM

SenateFloor

Message on Senate action sent to the House.

September 27, 2008

HouseFloor

Held at the desk.

September 27, 2008 • 6:23 PM

HouseFloor

Ms. Lofgren, Zoe moved to suspend the rules and pass the bill.

September 27, 2008 • 7:10 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H10270-10272)

September 27, 2008 • 7:10 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on S. 3569.

September 27, 2008 • 7:10 PM

SenateFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H10270-10271)

September 27, 2008 • 7:18 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H10270-10271)

September 27, 2008 • 7:18 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 27, 2008 • 7:18 PM

SenateAction

Cleared for White House.

September 27, 2008

President

Presented to President.

October 2, 2008

Became Law

Signed by President.

October 13, 2008

Became Law

Became Public Law No: 110-406.

October 13, 2008

Floor Debate

23 members

What members said about S. 3569 on the floor

10 Republicans13 Democrats
John McCain
Sen. John McCainR-AZ · Jul 17, 2007

Reserving the right to object, Mr. President. Mr. President, if this were the first time that a 60-vote requirement were made, I would have some sympathy for the Senator from Illinois. I am having…

Carl Levin
Sen. Carl LevinD-MI · Jul 17, 2007

Mr. President, how much time remains? Mr. President, I yield myself 5 minutes. Mr. President, I think everybody in this body would like to leave Iraq better than we found it. That is not the current…

Joseph I. Lieberman
Sen. Joseph I. LiebermanD-CT · Jul 17, 2007

I thank the Chair I will yield to the Senator for the purpose of propounding a unanimous consent request but without yielding the floor. Mr. President, responding to the Senator from Georgia, I…

Robert Menendez
Sen. Robert MenendezD-NJ · Jul 17, 2007

Madam President, I rise in strong support of the Levin- Reed amendment. That is the amendment that, unlike the Iraq Study Group, has a date certain for changing and transitioning our mission and…

Lamar Alexander
Sen. Lamar AlexanderR-TN · Jul 17, 2007

Reserving the right to object, could we have the next Republican speaker be Senator Alexander? Mr. President, with this political stunt tonight, the Senate has reached the approximate level of the…

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Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jul 17, 2007

Mr. President, I ask that the Chair notify me when I have spoken for 5 minutes. Mr. President, I thank the Senator from Texas for explaining his amendment. But when I hear him describe the Levin-Reed…

Jack Reed
Sen. Jack ReedD-RI · Jul 17, 2007

Mr. President, I thank the Senator for the kind words. And one of my first reactions was a bit of confusion. He referenced General Lamb, the British officer in Baghdad, expressing chagrin at the…

Chuck Hagel
Sen. Chuck HagelR-NE · Jul 17, 2007

Mr. President, I rise this afternoon to support the Levin- Reed amendment. As we know, Iraq is the most important issue facing our country today. The core challenge in Iraq is the cycle of violence,…

Harry Reid
Sen. Harry ReidD-NV · Jul 17, 2007

Mr. President, late this morning, I sent a letter to the distinguished minority leader, Senator Mitch McConnell. I addressed the letter ``Dear Mitch,'' and I will read the letter. There are no more…

Christopher S. Bond
Sen. Christopher S. BondR-MO · Jul 17, 2007

I object. Mr. President, I would comment that in the process of working out votes, the minority leader has offered to the majority leader to schedule votes on this and other amendments at an…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Jul 17, 2007

Mr. President, I welcome the debate on the U.S. role in Iraq, and I urge my colleagues to allow us to vote on the issue. I think each of us was elected to cast our votes and this is the most critical…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jul 17, 2007

Mr. President, I sat here for the last hour or so and listened to the discussion, and what one concludes is that, once again, we are locked in a debate about the future of Iraq. I think many people…

Sherrod Brown
Sen. Sherrod BrownD-OH · Jul 17, 2007

I object. The informal order established was Senator Alexander, Senator Landrieu, Senator Lieberman, myself, then a Republican, and then Senator Menendez. I ask unanimous consent that be the order.…

Show 11 more
John Cornyn
Sen. John CornynR-TX · Jul 17, 2007

Mr. President, I yield myself 10 minutes. I rise to discuss my amendment which lays out the consequences of a failed state in Iraq. As every parent of a teenager knows, one of the things you have to…

John Warner
Sen. John WarnerR-VA · Jul 17, 2007

I object. I thank the Presiding Officer. Mr. President, I am given an opportunity now, which I have been looking forward to, to have a little colloquy with my long-time friend, Senator Levin, now…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jul 17, 2007

Well, I thank the Chair, and this is a historic night. The Senate will stay in session all night to debate the war in Iraq, something we should be doing. Frankly, Mr. President, we should have done…

Kay Bailey Hutchison
Sen. Kay Bailey HutchisonR-TX · Jul 17, 2007

Mr. President, I object. I objected in a timely manner. Mr. President, I know you did not hear me. I do not wish to keep the Finance Committee from meeting, except that we are being held for a very…

Joseph I. Lieberman
Sen. Joseph I. LiebermanD-CT · Sep 24, 2008

Mr. President, I rise to speak about the National Fish Habitat Conservation Act, which I am introducing today along with my colleagues Senators Bond and Voinovich. This legislation would establish…

Barbara Boxer
Sen. Barbara BoxerD-CA · Jul 17, 2007

Mr. President, we are the greatest country in the world, and that is why I ask unanimous consent that amendment No. 2088 be withdrawn and that at 7 p.m. today the Senate vote on the Levin-Reed…

Gordon H. Smith
Sen. Gordon H. SmithR-OR · Sep 24, 2008

Mr. President, today I introduce the Affordable Coverage for Small Employers Act of 2008, with my colleague, Senator Joseph Lieberman. This legislation would tackle one of the nation's most pressing…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Jul 17, 2007

Madam President, the war in Iraq is the greatest challenge facing our country. Unfortunately, the political debate in Washington has not been conducive to finding a solution, as political divisions…

Jim DeMint
Sen. Jim DeMintR-SC · Jul 17, 2007

Mr. President, you would never know it from our debate the last couple of weeks, but we are here to talk about the Defense authorization bill, this rather large bill that is at all of our desks. Much…

Mary L. Landrieu
Sen. Mary L. LandrieuD-LA · Jul 17, 2007

Mr. President, I see that many of my colleagues have come to the floor, so I will try to be brief in my remarks. But I would like to assure my good friend from Tennessee that this is not a stunt.…

Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · Jul 17, 2007

Could I just offer an observation? We are not the minority, we are the majority. Yes. I am glad we got one of them. Maybe we can start a momentum here. Mr. President, I never thought I would see the…

Bill Text

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Enrolled BillIssued September 29, 2008

One Hundred Tenth Congress of the United States of America

2d Session

Begun and held at the City of Washington on Thursday, the third day of January, two thousand and eight

S. 3569

AN ACT

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

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.

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.

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.

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.

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).

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.

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).

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.

.

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,.

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.

.

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.

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.

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.

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.

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.

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.

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..

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.

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..

Speaker of the House of Representatives

Vice President of the United States and President of the Senate