§ 1871. Fees

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1948

   Title 28, United States Code, section —

   Pub. L. 80–646 · 62 Stat. 869

   Enacted · 28 U.S.C. § 1871

   June 25, 1948, ch. 646, 62 Stat. 953

   Source evidence

   Code source credit
   June 25, 1948, ch. 646, 62 Stat. 953

2. 1957

   Pub. L. 85–299 · 71 Stat. 618

   Changed · 28 U.S.C. § 1871

   Pub. L. 85–299 increased from 7 to 10 cents per mile and $5 to $7 per day the mileage and subsistence allowances of grand and petit jurors

   Source evidence

   Code amendment note
   Pub. L. 85–299 increased from 7 to 10 cents per mile and $5 to $7 per day the mileage and subsistence allowances of grand and petit jurors.

3. 1965

   Pub. L. 89–165 · 79 Stat. 645

   Changed · 28 U.S.C. § 1871

   Pub. L. 89–165 increased from $7 to $10 the per diem allowance for grand and petit jurors, increased from $10 to $14 the fee for extra days in cases requiring attendance in excess of 30 days, prohibited payment for interim or daily travel at the 10-cent-per-mile rate in excess of the subsistence allowance which would have been paid if he had remained at the place of holding court overnight or during temporary recess, increased from $7 to $10 the daily subsistence rate when travel daily appears impracticable, and increased from $7 to $10 per day the limit after which payment of fees by the marshal must be on the certificate of the trial judge

   Source evidence

   Code amendment note
   Pub. L. 89–165 increased from $7 to $10 the per diem allowance for grand and petit jurors, increased from $10 to $14 the fee for extra days in cases requiring attendance in excess of 30 days, prohibited payment for interim or daily travel at the 10-cent-per-mile rate in excess of the subsistence allowance which would have been paid if he had remained at the place of holding court overnight or during temporary recess, increased from $7 to $10 the daily subsistence rate when travel daily appears impracticable, and increased from $7 to $10 per day the limit after which payment of fees by the marshal must be on the certificate of the trial judge.

4. 1968

   Jury Selection and Service Act of 1968

   Pub. L. 90–274 § 102(a) · 82 Stat. 53

   Changed · 28 U.S.C. § 1871

   Pub. L. 90–274 increased from $10 to $20 the per diem allowance for grand and petit jurors, increased from $14 to $25 the fee for extra days in cases requiring attendance in excess of 30 days, increased from $10 to $16 the daily subsistence rate when travel appears impracticable, increased from $10 to $20 per day the limit after which payment of fees by the marshal must be on the certificate of the trial judge, provided for the allowance of amounts expended for tolls, for toll roads, for toll tunnels, and for toll bridges, and directed that grand and petit jurors in the district courts for the districts of Guam and the Canal Zone receive the same fees and allowances provided for grand and petit jurors in other district courts of the United States

   Source evidence

   Code amendment note
   Pub. L. 90–274 increased from $10 to $20 the per diem allowance for grand and petit jurors, increased from $14 to $25 the fee for extra days in cases requiring attendance in excess of 30 days, increased from $10 to $16 the daily subsistence rate when travel appears impracticable, increased from $10 to $20 per day the limit after which payment of fees by the marshal must be on the certificate of the trial judge, provided for the allowance of amounts expended for tolls, for toll roads, for toll tunnels, and for toll bridges, and directed that grand and petit jurors in the district courts for the districts of Guam and the Canal Zone receive the same fees and allowances provided for grand and petit jurors in other district courts of the United States.

   Enacted provision · exact public law section
   (a) Section 1871 of title 28, United States Code, is amended by substituting “$20” for “$10” and “$25” for “$14” in the second paragraph, “$16” for “$10” in the third paragraph, and “$20” for “$10” in the fourth paragraph, and by substituting in the third paragraph “10 cents per mile, plus the amount expended for tolls, for toll roads, for toll tunnels, and for toll bridges” for “10 cents per mile” in the two instances such language occurs, and by adding at the end of that section a new paragraph as follows: “Grand and petit jurors in the district courts for the districts of Guam and the Canal Zone shall receive the same fees and allowances provided in this section for grand and petit jurors in other district courts of the United States.”

5. 1978

   Pub. L. 95–572 § 5 · 92 Stat. 2453

   Substituted · 28 U.S.C. § 1871(a)(g)

   Pub. L. 95–572, in revising text, substituted subsecs. (a) to (g) for prior five unnumbered paragraphs, and among other changes, deleted reference to fees for service before United States commissioners, now provided for in chapter 43 (section 631 et seq.) of this title relating to United States magistrates; increased to $30 from $20 allowance for actual attendance; continued the discretionary additional fee for extended service, increasing to forty-five from thirty days the basic service requirement; generalized travel allowance provisions in place of 10 cents per mile travel allowance from residence to place of service when commencing and terminating service and any necessary daily or interim travel, not to exceed a subsistence allowance of $16 per day; and deleted provision for same fees for service in districts courts for districts of Guam and Canal Zone as provided for services in other Federal district courts as covered in definition of “district court of the United States” in section 1869(f) of this title

   Source evidence

   Code amendment note
   Subsecs. (a) to (g). Pub. L. 95–572, in revising text, substituted subsecs. (a) to (g) for prior five unnumbered paragraphs, and among other changes, deleted reference to fees for service before United States commissioners, now provided for in chapter 43 (section 631 et seq.) of this title relating to United States magistrates; increased to $30 from $20 allowance for actual attendance; continued the discretionary additional fee for extended service, increasing to forty-five from thirty days the basic service requirement; generalized travel allowance provisions in place of 10 cents per mile travel allowance from residence to place of service when commencing and terminating service and any necessary daily or interim travel, not to exceed a subsistence allowance of $16 per day; and deleted provision for same fees for service in districts courts for districts of Guam and Canal Zone as provided for services in other Federal district courts as covered in definition of “district court of the United States” in section 1869(f) of this title.

   Enacted provision · exact public law section
   Sec. 5. fees of jurors 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 hearing one case may be paid, in the discretion of the trial judge, an additional 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 more 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 appropriate fees at the end of the first ten days and at the end of every ten days of service thereafter. “(5) Certification of additional attendance fees may be ordered by Certification. 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 Travel allowance. 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 using privately owned automobiles shall be paid to each juror, regardless of the mode of transportation actually employed. The prescribed 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 Rules and regulations. allowances to jurors. Distances traveled to and from court should coincide with the shortest practical route. “(3) Toll charges for toll roads, bridges, tunnels, and ferries shall be Toll charges. 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 alternative modes, and the shortest practical route between residence and court. “(d) (1) A subsistence allowance covering meals and lodging of Subsistence allowance. jurors shall be established from time to time by the Director of the Administrative Office 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 attendance 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 discretion 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 section 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 where such lodgings are ordered by the court, in a manner directed by the clerk and paid from funds authorized under this section. “(g) The Director of the Administrative Office of the United Regulations. States Courts shall promulgate such regulations as may be necessary to carry out his authority under this section.”.

6. 1990

   Federal Courts Study Committee Implementation Act of 1990

   Pub. L. 101–650 title III § 314(b) · 104 Stat. 5089

   1. Substituted · 28 U.S.C. § 1871(b)

      Pub. L. 101–650 substituted “$40” for “$30” in pars. (2) and (3)

   2. Substituted · 28 U.S.C. § 1871(b)

      Pub. L. 101–650 substituted “$10” for “$5” in pars. (2) and (3)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–650 substituted “$40” for “$30” in par. (1) and “$10” for “$5” in pars. (2) and (3).

   Enacted provision · exact public law section
   (b) Juror Fees.— Section 1871(b) of title 28, United States Code, is amended— (1) in paragraph (1) by striking out “$30” and inserting in lieu thereof “$40”; (2) in paragraph (2) by striking out “$5” and inserting in lieu thereof “$10”; and (3) in paragraph (3) by striking out “$5” and inserting in lieu thereof “$10”.

7. 1992

   Federal Courts Administration Act of 1992

   Pub. L. 102–572 title IV § 402 · 106 Stat. 4506

   Added · 28 U.S.C. § 1871(c)(5)

   Pub. L. 102–572 added par. (5)

   Source evidence

   Code amendment note
   Subsec. (c)(5). Pub. L. 102–572 added par. (5).

   Enacted provision · exact public law section
   SEC. 402. GRAND JURY TRAVEL Section 1871(c) of title 28, United States Code, is amended by adding at the end the following new paragraph: “(5) A grand juror who travels to district court pursuant to a summons may be paid the travel expenses provided under this section or, under guidelines established by the Judicial Conference, the actual reasonable costs of travel by aircraft when travel by other means is not feasible and when certified by the chief judge of the district court in which the grand juror serves.”.

8. 2008

   Judicial Administration and Technical Amendments Act of 2008

   Pub. L. 110–406 § 3(a) · 122 Stat. 4291

   Substituted · 28 U.S.C. § 1871(b)(2)

   Pub. L. 110–406 substituted “ten days” for “thirty days” in two places

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 110–406 substituted “ten days” for “thirty days” in two places.

   Enacted provision · exact public law section
   (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”.

9. 2018

   Energy and Water Development and Related Agencies Appropriations Act, 2018

   Pub. L. 115–141 div. E title III § 307(a) · 132 Stat. 348

   Substituted · 28 U.S.C. § 1871(b)(1)

   Pub. L. 115–141 substituted “$50” for “$40”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 115–141 substituted “$50” for “$40”.

   Enacted provision · exact public law section
   Sec. 307. The Secretary of Energy may not transfer more than $274,833,000 from the amounts made available under this title to the working capital fund established under section 653 of the Department of Energy Organization Act (42 U.S.C. 7263): Provided, That the Secretary may transfer additional amounts to the working capital fund after the Secretary provides notification in advance of any such transfer to the Committees on Appropriations of both Houses of Congress: Provided further, That any such notification shall identify the sources of funds by program, project, or activity: Provided further, That the Secretary shall notify the Committees on Appropriations of both Houses of Congress before adding or removing any activities from the fund.

   Effective date note
   Pub. L. 115–141, div. E, title III, § 307(b), Mar. 23, 2018, 132 Stat. 556, provided that: “The amendment made in subsection (a) [amending this section] shall take effect 45 days after the date of enactment of this Act [Mar. 23, 2018].”

7 of 10 references resolved to an enrolled provision · 3 partial