Jury System Improvements Act
PL 95-572 (S.2075), enacted 11/02/1978

PUBLIC LAW 95-572—NOV. 2, 1978 
92 STAT. 2453 
Public Law 95-572 
95th Congress 
An Act 
To amend the Jury Selection and Service Act of 1968, as amended, by revising 
Nov. 2, 1978 
the section on fees of jurors and by providing for a civil penalty and injunctive 
[S. 2075] 
relief in the event of a discharge or threatened discharge of an employee by 
reason of such employee's Federal jury service. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ 
Jury System 
Improvements 
SHORT TITLE 
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SECTION 1. This Act may be cited as the "Jury System Improve- 
28 USC 1861 
mentsActofl9T8". 
"»*«• 
EXCUSE FROM JURY SERVICE 
SEC. 2. (a) Section 1863(b) of title 28, United States Code, is 
amended— 
(1) by striking out paragraph (7) ; and 
!• 
£2) by redesignating paragraphs (8) and (9), and all refer-
ences thereto, as paragraphs (7) and (8),respectively, 
(b) Section 1866(c) of title 28, United States Code, is amended 
by striking out "paragraph (5), (6), or (7)" and inserting in lieu 
thereof "paragraph (5) or (6)". 
JURY SERVICE UPON RESTORATION OF CIVIL RIGHTS 
SEC. 3. (a) Section 1865(b)(5) of title 28, United States Code, is 
amended by striking out "by pardon or amnesty". 
(b) Section 1869(h) of title 28, United States Code, is amended 
by striking out "by pardon or amnesty.". 
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DEFINITIONS 
SEC. 4. Section 1869 of title 28, United States Code, is amended— 
(1) by striking out the period at the end of subsection (i) and 
inserting in lieu thereof a semicolon; and 
(2) by adding at the end thereof the following new subsections: 
"(j) 'undue hardship or extreme inconvenience', as a basis for 
excuse from immediate jury service under section 1866(c) (1) of 
this chapter, shall mean great distance, either in miles or travel-
time, from the place of holding court, grave illness in the family 
or any other emergency which outweighs in immediacy and 
urgency the obligation to serve as a juror when summoned, or any 
other factor which the court determines to constitute an undue 
hardship or to create an extreme inconvenience to the juror; and 
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in addition, in situations where it is anticipated that a trial or 
grand jury proceeding may require more than thirty days of 
service, the court may consider, as a further basis for temporary 
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excuse, severe economic hardship to an employer which M^ould 
result from the absence of a key employee during the period of 
- 
such service; 
"(k) 'publicly draw', as referred to in sections 1864 and 1866 
of this chapter, shall mean a drawing which is conducted within 
92 STAT. 2454 
PUBLIC LAW 95-572—NOV. 2, 1978 
Certification. 
Travel allowance. 
the district after reasonable public notice and which is open to 
the public at large under the supervision of the clerk or jury 
commission, except that when a drawing is made by means of 
electronic data processing, 'publicly draw' shall mean a drawing 
which is conducted at a data processing center located in or out 
, of the district, after reasonable public notice given in the district 
for which juror names are being drawn, and which is open to 
the public at large under such supervision of the clerk or jury 
commission as the Judicial Conierence of the United States 
shall by regulation require; and 
"(1) 'jury summons' shall mean a summons issued by a clerk 
of court, jury commission, or their duly designated deputies, con-
taining either a preprinted or stamped seal of court, and contain-
• ing the name of the issuing clerk imprinted in preprinted, type, 
or facsimile manner on the summons or the envelopes transmitting 
• the summons.". 
FEES OF JURORS 
^ 
' F / : ? ' . ! 
SEC. 5. Section 1871 of title 28, United States Code, is amended to 
read as follows: 
"§1871. Fees 
"(a) Grand and petit jurors in district courts appearing pursuant 
to this chapter shall be paid the fees and allowances provided by this 
section. The requisite fees and allowances shall be disbursed on the 
certificate of the clerk of court in accordance with the procedure 
established by the Director of the Administrative Office of the United 
States Courts. Attendance fees for extended service under subsection 
(b) of this section shall be certified by the clerk only upon the order 
of a district judge. 
"(b) (1) A juror shall be paid an attendance fee of $30 per day for 
actual attendance at the place of trial or hearing. A juror shall also 
be paid the attendance fee for the time necessarily occupied in going 
to and returning from such place at the beginning and end of such 
service or at any time during such service. 
"(2) A petit juror required to attend more than thirty days in hear-
ing one case may be paid, in the discretion of the trial judge, an addi-
tional fee, not exceeding $5 more than the attendance fee, for each 
day in excess of thirty days on which he is required to hear such case. 
"(3) A grand juror required to attend more than forty-five days of 
actual service may be paid, in the discretion of the district judge in 
charge of the particular grand jury, an additional fee, not exceeding 
$5 moi-e than the attendance fee, for each day in excess of forty-five 
days of actual service. 
"(4) A grand or petit juror required to attend more than ten days 
of actual service may be paid, in the discretion of the judge, the appro-
priate fees at the end of the first ten days and at the end of every ten 
davs of service thereafter. 
"(5) Certification of additional attendance fees may be ordered by 
the judge to be made effective commencing on the first day of extended 
service, without reference to the date of such certification. 
"(c)(1) A travel allowance not to exceed the maximum rate per 
mile that the Director of the Administrative Office of the United 
States Courts has prescribed pursuant to section 604(a)(7) of this 
title for payment to supporting court personnel in travel status usin:": 
privately owned automobiles shall be paid to each juror, regardless 
of the mode of transportation actually employed. The prescribed 
PUBLIC LAW 95-572—NOV. 2, 1978 
92 STAT. 2455 
Rules and 
regulations. 
Toll charges. 
Subsistence 
allowance. 
rate shall be paid for the distance necessarily traveled to and from 
a juror's residence by the shortest practical route in going to and 
returning from the place of service. Actual mileage in full at the 
prescribed rate is payable at the beginning and at the end of a juror's 
term of service. 
"(2) The Director shall promulgate rules regulating interim travel 
allowances to jurors. Distances traveled to and from court should coin-
cide with the shortest practical route. 
" (3) Toll charges for toll roads, bridges, tunnels, and ferries shall be 
paid in full to the juror incurring such charges. In the discretion of the 
court, reasonable parking fees may be paid to the juror incurring such 
fees upon presentation of a valid parking receipt. Parking fees shall 
not be included in any tabulation of mileage cost allowances. 
"(4) Any juror who travels to district court pursuant to summons Travel expenses, 
in an area outside of the contiguous forty-eight States of the United 
States shall be paid the travel expenses provided under this section, or 
actual reasonable transportation expenses subject to the discretion of 
the district judge or clerk of court as circumstances indicate, exercising 
due regard for the mode of transportation, the availability of alterna-
tive modes, and the shortest practical route between residence and 
court, 
"(d)(1) A subsistence allowance covering meals and lodging of 
jurors shall be established from time to time by the Director of the 
Administrative OiRce of the United States Courts pursuant to section 
604(a) (7) of this title, except that such allowance shall not exceed the 
allowance for supporting court personnel in travel status in the same 
geographical area. Claims for such allowance shall not require 
itemization. 
"(2) A subsistence allowance shall be paid to a juror when an 
overnight stay is required at the place of holding court, and for the 
time necessarily spent in traveling to and from the place of attend-
ance if an overnight stay is required. 
"(3) A subsistence allowance for jurors serving in district courts 
outside of the contiguous forty-eight States of the United States shall 
be allowed at a rate not to exceed that per diem allowance which is 
paid to supporting court personnel in travel status in those areas 
where the Director of the Administrative Office of the United States 
Courts has prescribed an increased per diem fee pursuant to section 
604(a)(7) of this title. 
"(e) During any period in which a jury is ordered to be kept 
together and not to separate, the actual cost of subsistence shall be 
paid upon the order of the court in lieu of the subsistence allowances 
payable under subsection (d) of this section. Such allowance for 
the jurors ordered to be kept separate or sequestered shall include the 
cost of meals, lodging, and other expenditures ordered in the discre-
tion of the court for their convenience and comfort. 
"(f) A juror who must necessarily use public transportation in 
traveling to and from court, the full cost of which is not met by the 
transportation expenses allowable under subsection (c) of this sec-
tion on account of the short distance traveled in miles, may be paid, 
in the discretion of the court, the actual reasonable expense of such 
public transportation, pursuant to the methods of payment provided 
by this section. Jurors who are required to remain at the court beyond 
the normal business closing hour for deliberation or for any other 
reason may be transported to their homes, or to temporary lodgings 
92 STAT. 2456 
PUBLIC LAW 95-572—NOV. 2, 1978 
where such lodgings are ordered by the court, in a manner directed 
by the clerk and paid from funds authorized under this section. 
Regulations. 
"(g) The Director of the Administrative Office of the United 
States Courts shall promulgate such regulations as may be necessary 
to carry out his authority under this section.". 
PROTECTION OF JURORS' EMPLOYMENT 
SEC. 6. (a)(1) Chapter 121 of title 28, United States Code, is 
amended by adding at the end thereof the following new section: 
28 use 1875. 
«§ 1875. Protection of jurors' employment 
"(a) No employer shall discharge, threaten to discharge, intimidate, 
or coerce any permanent employee by reason of such employee's jury 
.<^.4i-r.iA'f 5v 
service, or the attendance or scheduled attendance in connection with 
such service, in any court of the United States. 
"(b) Any employer who violates the provisions of this section— 
"(1) shall be liable for damages for any loss of wages or other 
benefits suffered by an employee by reason of such violation; 
"(2) may be enjoined from further violations of this section 
r>ni and ordered to provide other appropriate relief, including but 
not limited to the reinstatement of any employee discharged by 
reason of his jury service; and 
Penalty. 
u (3) sj^all be subject to a civil penalty of not more than $1,000 
for each violation as to each employee. 
"(c) Any individual who is reinstated to a position of employment 
in accordance with the provisions of this section shall be considered 
as having been on furlough or leave of absence during his period of 
jury service, shall be reinstated to his position of employment without 
loss of seniority, and shall be entitled to participate in insurance or 
other benefits offered by the employer pursuant to established rules 
and practices relating to employees on furlough or leave of absence in 
effect with the employer at the time such individual entered upon jury 
service. 
"(d) An individual claiming that his employer has violated the 
provisions of this section may make application to the district court 
for the district in which such employer maintains a place of business 
and the court shall, upon finding probable merit in such claim, appoint 
counsel to represent such individual in any action in the district court 
necessary to the resolution of such claim. Such counsel shall be com-
pensated and necessary expenses repaid to the extent provided by 
section 3006A of title 18, United States Code. 
"(2) In any action or proceeding under this section, the court may 
award a prevailing employee who brings such action by retained coun-
sel a reasonable attorney's fee as part of the costs. The court may 
award a prevailing employer a reasonable attorney's fee as part of the 
costs if the court determines that the action is frivolous, vexatious, or 
brought in bad faith.". 
(2) The chapter analysis of chapter 121 of title 28, United States 
Code, is amended by adding at the end thereof the following new 
item: 
"1875. Protection of jurors' employment.". 
(b) (1) Chapter 85 of title 28, United States Code, is amended by 
redesignating section 1363, and all references thereto, as section 1361, 
and by inserting immediately after section 1362 the following new 
section: 
PUBLIC LAW 95-572—NOV. 2, 1978 
92 STAT. 2457 
"§ 1363. Jurors' employment rights 
28 USC 1363. 
"The district courts shall have original jurisdiction of any civil 
action brought for the protection of jurors' employment under sec-
tion 1875 of this title.". 
(2) The chapter analysis of chapter 85 of title 28, United States 
Code, is amended by striking out the item relating to section 1363 
and inserting in lieu thereof the following: 
"1363. Jurors' employment rights. 
"1364. Construction of references to laws of the United States or Acts of 
Congress.". 
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EFrECTIVE DATE 
SEC. 7. (a) Except as provided in subsection (b) of this section, 28 USC 1363 
the amendments made by this Act shall apj)ly with respect to any °ot^-
grand or petit juror summoned for service or actually serving on or 
after the date of enactment of this Act. 
(b) The amendment made by section 5 of this Act shall apply with 
respect to any grand or petit juror serving on or after the sixtieth day 
following the date of enactment of this Act. 
Approved November 2, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1652 (Comm. on the Judiciary). 
SENATE REPORT No. 95-757 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Apr. 27, considered and passed Senate. 
Oct. 12, considered and passed House, amended. 
Oct. 13, Senate concurred in House amendment.