Public Law 97–463

by inserting “(1)” immediately after “(d)”; and

by amending paragraph (2) to read as follows:

“(2)“(2)

In any action or proceeding under this section, the court may award a prevailing employee who brings such action by retained counsel a reasonable attorney’s fee as part of the costs. The court may tax a defendant employer, as costs payable to the court, the attorney fees and expenses incurred on behalf of a prevailing employee, where such costs were expended by the court pursuant to paragraph (1) of this subsection. The court may award a prevailing employer a reasonable attorney’s fee as part of the costs only if the court finds that the action is frivolous, vexatious, or brought in bad faith.”.

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The second paragraph of section 1866(b) of title 28, United States Code, is amended to read as follows:

“Each person drawn for jury service may be served personally, or by registered, certified, or first-class mail addressed to such person at his usual residence or business address.”.

The fourth paragraph of section 1866(b) of title 28, United States Code, is amended to read as follows:

“If such service is made by mail, the summons may be served by the marshal or by the clerk, the jury commission or their duly designated deputies, who shall make affidavit of service and shall attach thereto any receipt from the addressee for a registered or certified summons.”.

by adding at the end thereof the following:

Ҥ 1877. Protection of jurors

“(a)“(a)

Subject to the provisions of this section and title 5 of the United States Code, subchapter 1 of chapter 81, title 5, United States Code, applies to a Federal grand or petit juror, except that entitlement

5 USC 8101.

to disability compensation payments does not commence until the day after the date of termination of service as a juror.

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“(b)“(b)

In administering this section with respect to a juror covered by this section—

“(1)“(1)

a juror is deemed to receive monthly pay at the minimum

Pay rate.

5 USC 5332 note.

rate for grade GS–2 of the General Schedule unless his actual pay as a Government employee while serving on court leave is higher, in which case monthly pay is determined in accordance with section 8114 of title 5, United States Code, and

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“(2)“(2)

performance of duty as a juror includes that time when a juror is (A) in attendance at court pursuant to a summons, (B) in deliberation, (C) sequestered by order of a judge, or (D) at a site, by order of the court, for the taking of a view.”; and

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by amending the table of sections for such chapter by adding after the item relating to section 1876, the following: