Page:United States Statutes at Large Volume 104 Part 6.djvu/726

 104 STAT. 5116 PUBLIC LAW 101-650—DEC. 1, 1990 States Code, but may not file a plan pursuant to section 1121(c) of such title. 28 USC 581 note. (c) PowER OF THE CouRT.— Section 302(d)(3)(A)(ii) of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986, as amended by subsection (a), is further amended by inserting before the period at the end thereof the following: ", except that the amendment to section 105(a) of title 11, United States Code, shall become effective as of the date of the enactment of the Federal Courts Study Committee Implementation Act of 1990". 18 USC 3006A SEC. 318. STUDY OF FEDERAL DEFENDER PROGRAM. ^°• (a) STUDY REQUIRED.— The Judicial Conference of the United States shall conduct a study of the Federal defender program under the Criminal Justice Act of 1964, as amended (enacting section 3006A of title 18, United States Code). (b) ASSESSMENT OF PROGRAM.—In conducting the study, the Judicial Conference shall assess the effectiveness of the Federal defender program, including the following: (1) The impact of judicial involvement in the selection and compensation of the Federal public defenders and the independence of Federal defender organizations, including the establishment and termination of Federal defender organizations and the Federal public defender and the community defender options. (2) Equal employment and affirmative action procedures in the various Federal defender programs. (3) Judicial involvement in the appointment and compensation of panel attorneys and experts. (4) Adequacy of compensation for legal services provided under the Criminal Justice Act of 1964. (5) The quality of the Criminal Justice Act of 1964 representation. (6) The adequacy of administrative support for defender services programs. (7) Maximum amounts of compensation for attorneys with regard to appeals of habeas corpus proceedings. (8) Contempt, sanctions, and malpractice representation of panel attorneys. (9) Appointment of counsel in multidefendant cases. (10) Early appointment of counsel in general, and prior to the pretrial services interview in particular. (11) The method and source of payment of the fees and expenses of fact witnesses for defendants with limited funds. (12) The provisions of services or funds to financially eligible arrested but unconvicted persons for noncustodial transportation and subsistence expenses, including food and lodging, both prior to and during judicial proceedings. (c) REPORT.—No later than March 31, 1992, the Judicial Conference shall transmit to the Committees on the Judiciary of the Senate and the House of Representatives a report on the results of the study required under subsection (a). The report shall include— (1) any recommendations for legislation that the Judicial Conference finds appropriate; (2) a proposed formula for the compensation of Federal defender program counsel that includes an amount to cover reasonable overhead and a reasonable hourly fee; and

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