Page:United States Statutes at Large Volume 84 Part 2.djvu/148

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PUBLIC LAW 91-563-DEC. 19, 1970

[84 STAT.

•'Si'BOHAPTER IV—MISCELLANEOUS PROVISIONS

'•57")!. Travel expenses of witnesses."'. Repeal. 62 Stat. 950.

SEC. 5. (a) Section 1823 of title:^8, United States Code, is repealed, (b) The analysis of chapter 119 of title 28, United States Code, is amended by striking out item 1828. Definitions. SEC. 6. (a) For purposes of this section— (1) employee means any individual whose pay is disbursed by the Secretary of the Senate or the Ulerk of the House of Representatives; and (2) "court of the United States'' has the meaning given it by 62 Stat. 907. section 451 of title 28, Ignited States Code, and includes the United States District Court for the District of the ( \ n a l Zone, the District Court of Guam, and the District Court of the Virgin Islands. Pay. (b) The pay of an employee shall not be reduced during a period of absence with respect to which the employee is summoned (and permitted to respond to such summons by the appropriate authority of the House of the Congress disbursing his p a y), in connection with a judicial proceeding by a court or authority responsible for the conduct of that proceeding, to serve— (1) as a juror; or (2) as a witness on behalf of a party other than the United States, the District of Columbia, or a private party; in the District of Columbia, a State, territory, or possession of the United States including the Commonwealth of Puerto Rico, the Canal "Judicial proZone, or the Trust Territory of the Pacific Islands. For purposes of ceedings." this subsection, "judicial proceeding'' means any action, suit, or other judicial proceeding, including any condemnation, preliminary, informational, or other proceeding of a judicial nature, but does not include an administrative proceeding. Official duty. (c) An employee is performing official duty during the period with respect to which he is summoned (and is authorized to respond to such summons by the House of the Congress disbursing his pay), or is assigned by such House, to— (1) testify or produce official records on behalf of the United States or the District of Columbia; or (2) testify in his official capacity or produce official records on behalf of a party other than the United States or the District of Columbia. Fees, prohibi(d)(1) An employee may not receive fees for service— tion. (A) as jvu'or in a court of the United States or the District of Columbia; or (B) as a witness on behalf of the Ignited States or the District of Columbia. Pay, remittal. (2) If an employee receives an amount (other than travel expenses) for service as a juror or witness during a period in which his pay may not be reduced under- subsection (b) of this section, or for which he is perfoT-ming official duty under subsection (c) of this section, the employee shall remit such amount to the officer who disburses the pay of the employee, which amount shall be covered into the general fund of the Treasury as miscellaneous receipts. (e)(1) An employee summoned (and authorized to respond to such Travel expenses. summons by the House of the Congress disbursing his pay), or assigned by such House, to testify or produce official records on behalf of the United States is entitled to travel expenses. If the case involves an activity in connection with which he is employed, the travel expenses shall be paid from funds otherwise available for the payment of travel

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