H.R. 3279 passed the House on May 18 (H. Rept. 341) and passed the Senate, amended, on July 28 (S. Rept. 544). The Senate amendment covered judicial employees. This amendment was agreed to by the House on August 3, and the bill was signed by the President on August 14.

S. 1268.-To provide for improved administrative practices and procedures in United States Courts.

This bill was brought to the attention of the Judicial Conference at its March 1961 session. The Conference, at the request of Senator Eastland, referred the bill to the Committee on Court Administration for study and a report in September. There has been no action by the Congress.

H.R. 176.-To make the Chief Judge of the Court of Customs and Patent Appeals and the Chief Judge of the Customs Court members of the Judicial Conference.

Approved by the Conference in March 1961 with amendment striking the provision for representation of the Chief Judge of the Customs Court. The bill was reported with this amendment from the House Judiciary Committee on July 10 (H. Rept. 680) and passed the House on July 17. It was favorably reported to the Senate Judiciary Committee from the Subcommittee on Improvements in Judicial Machinery on August 16.

S. 1933, H.R. 6690.—To provide for the inclusion of a district judge or judges on the judicial council of each circuit.

This bill is now under study by the Committee on Court Administration. H.R. 6690 was reported on July 18 (H. Rept. 722) and passed the House on August 7. It was reported from the Subcommittee on Improvements in Judicial Machinery to the full Senate Judiciary Committee on August 19.

S. 839, S.1235, H.R. 6851.—To divide the Court of Claims into trial and appellate sections.

This bill was presented to the Conference in March 1961 and referred to the Committee on Court Administration for study and report. There has been no action by the Congress.

H.R. 5615.-Judicial Survivors Annuity Act. To bring such act in conformity with the Civil Service Act provision for survivors of members of Congress.

This was transmitted to the Congress by the Administrative Office on the recommendation of the Conference and the Court Administration and Revision of the Laws Committees in March 1961. There has been no action by the Congress.

H.R. 5255, S. 1900.-To clarify the status of retired judges. The draft bill was first approved by the Judicial Conference in March 1960 and was submitted to the Congress in February 1961. H.R. 5255 passed the House on June 5 (H. Rept. 422) and passed the Senate on August 22 (S. Rept. 742). It is now awaiting the President's signature.

P.L. 87-85.-To provide for the distribution of the Congressional Record to the Federal judiciary, upon request.

This was approved by the Conference in March 1961 and introduced at the request of the Conference. S. 1748 passed the Senate on May 2 (S. Rept. 197) and passed the House on June 29 (H. Rept. 631). It became P.L. 87-85 on July 12, 1961.

S. 2061, H.R. 6902.-To provide the same life tenure and retirement rights for judges hereafter appointed to the United States District Court for the District of Puerto Rico as judges of all other U.S. district courts now have.

Introduced at the request of the Judicial Conference on the recommendation of the Revision of the Laws Committee. H.R. 6902 was favorably reported on July 10 (H. Rept. 684) and passed the House on July 17.

S. 2062, H.R. 7038.-To eliminate the right of appeal from the Supreme Court of Puerto Rico to the Court of Appeals for the First Circuit and providing for appeal to the Supreme Court of the United States.

Introduced at the request of the Judicial Conference on the recommendation of the Revision of the Laws Committee. H.R. 7038 passed the House July 18 (H. Rept. 683) and passed the Senate August 21 (S. Rept. 735). It is now awaiting the President's signature.

H.R. 6906, H.R. 7037.-Relating to the jurisdiction of offenses committed out of the jurisdiction of any particular state or district.

This bill is now under study by the Committee on the Administration of Criminal Law. H.R. 7037 was reported favorably on August 22 (H. Rept. 1006).

H.R. 4846.-To provide for sentence reduction for time spent in custody for want of bail.

The Conference approved an identical 86th Congress bill, S. 2932, in March 1959. However, when the bill passed Congress and became P.L. 86-691 there was an amendment added that the provision applied only where statute requires imposition of minimum

mandatory sentence. H.R. 4846 has been referred to the Criminal Law Committee. There has been no action by the Congress. H.R. 467, H.R. 654, H.R. 2785, H.R. 3248, H.R. 7053, S. 2067.— To amend Rule 5 of the Federal Criminal Rules.

In September 1960 the Criminal Law Committee requested that such legislation be referred to the Criminal Rules Committee for study, preferably jointly with the Criminal Law Committee. H.R. 467 has been referred to the Criminal Rules Committee. H.R. 7053 passed the House on June 12; it applies only to the courts of the District of Columbia.

H.R. 466, H.R. 2788, H.R. 3093.-Habeas corpus legislation. The Committee on Habeas Corpus of the Judicial Conference has suggested certain changes in the bill but these have not yet been incorporated into pending legislation. There has been no action by the Congress.

H.R. 5391.-To provide for jury commissioners for United States District Courts.

Introduced at the request of the Judicial Conference, on the recommendation of the Committee on Operation of the Jury System. There has been no action by the Congress.

H.R. 5392, S. 1899.-To increase the compensation of jury commissioners from $5 to $10 per day.

Introduced at the request of the Judicial Conference on recommendation of the Committee on Operation of the Jury System. S. 1899 was reported July 28 (S. Rept. 647) and passed the Senate on August 2.

H.R. 5656, H.R. 465, S. 1661.—To provide for a reasonable (instead of 5 days) notice of applications to the courts of appeals for interlocutory relief against the orders of certain administrative agencies.

This was introduced at the request of the Judicial Conference on the recommendation of the Revision of Laws Committee. H.R. 5656 was reported on April 13 (H. Rept. 232) and passed the House May 1, 1961.

S. 655, S. 854, S. 1484, H.R. 2696.-Public Defender Legislation. S. 655 provides for public defender in the United States district courts or for compensation of a court appointed attorney and includes the provision that the bill should not impair the employment of the services of a legal aid society. H.R. 2696 and S. 1484 are similar to S. 655 but make no mention of legal aid societies. Also, they set up qualifications for public defenders. S. 854 is also similar to S. 655 but provides for grants to legal aid societies.

These are under study by the Criminal Law Committee. H.R. 2696, amended, has been favorably reported from subcommittee No. 5 of the House Judiciary Committee to the full Committee. The Constitutional Rights subcommittee of the Senate Judiciary Committee has recently published a study of "Legal Counsel for Indigent Defendants in Federal Courts."

H.R. 1246, H.R. 8615, S. 526, S. 1655, H.R. 3021.-To permit the compelling of testimony under certain conditions and the granting of immunity from prosecution in connection therewith.

The Judicial Conference approved H.R. 7392 of the 86th Congress in September 1960 and this approval was transmitted to the House Judiciary Committee in response to a request for the Conference's views on H.R. 3021. H.R. 1246, which involves matters affecting interstate and foreign commerce, has been referred to the Criminal Law Committee. S. 1655 passed the Senate July 28 (S. Rept. 587).

H.R. 5616, S. 1660.-To increase the subsistence of jurors from $5 to $7 and limiting their mileage allowances.

Introduced at the request of the Judicial Conference, on the recommendation of the Committee on Operation of the Jury System. There has been no action by the Congress.

H.R. 5393.-Omnibus bankruptcy bill.

Has been referred to Bankruptcy Administration Committee. Hearings were held by the House Judiciary Committee on July 13. H.R. 7405.-To provide for the promulgation of rules of practice and procedure under the Bankruptcy Act.

Introduced on the recommendation of the Judicial Conference. H.R. 7405 was reported on July 13 (H. Rept. 755) and passed the House on August 7, 1961.

H.R. 3227, S. 1248.-To permit photographic reproductions of business records held in a custodial or fiduciary capacity and the introduction of the same in evidence.

Referred to the Revision of the Laws Committee for study and a report. H.R. 3227 passed the House July 10 (H. Rept. 531) and passed the Senate on August 14 (S. Rept. 724). It is now awaiting the President's signature.

H.R. 2883, H.R. 5129, H.R. 5592, H.R. 6628, S. 202.-To provide for the defense of suits against Federal employees arising out of operation of motor vehicles in the scope of their employment.

There has been no action by the Conference. H.R. 2883 passed the House May 1 (H. Rept. 297) and was reported in the Senate on August 14 (S. Rept. 736).

H.R. 75.-Relates to appeals to the Supreme Court improvidently taken from the decision of the highest court of a State.

Referred by the Judicial Conference to the Supreme Court. H.R. 75 was reported on June 13 (H. Rept. 516) and passed the House on June 19.

H.R. 8304.-To provide for the disbursement of judiciary funds by the clerks of court, rather than by the marshals.

Under study by the Committee on Court Administration. There has been no action by the Congress.

SUPPORTING PERSONNEL

Judiciary Salary Plan

The Judicial Conference at a meeting held in March 1960 "directed the Administrative Office to proceed as expeditiously as possible with a survey and the preparation of a report with respect to the appropriate grading and classification of personnel in the clerks' offices, the probation offices, and the referees' offices of the district courts to the end that a proper and equitable classification be made for the various positions in these offices."

The material available in the Administrative Office pertinent to this problem was studied and 17 district courts were surveyed. Prior to the visits, position descriptions, personnel organization charts, experience and qualification statements and functional charts were requested from each district. This material was carefully studied in advance by the survey teams, each of which was composed of two members of the staff of the Personnel Division. A study of the data collected clearly indicated that an attempt should not be made to either adopt or adapt any of the classification systems used by the Civil Service Commission, the Atomic Energy Commission, the Navy Department, the Post Office Department or others which are available. This was true because of the unique nature of the judicial function, the independence and autonomy of the courts, the wide variation in the organizational arrangements among the courts and the lack of uniformity in the assignment of duties and responsibilities to each of the employees. Each of these characteristics was considered in the development of the classification and salary plan.

The plan which was finally developed should increase the administrative efficiency of the courts by: