Page:United States Statutes at Large Volume 92 Part 2.djvu/753

 PUBLIC LAW 95-535—OCT. 27, 1978

92 STAT. 2 0 3 3

Public Law 95-535 95th Congress An Act To establish fees and allow per diem and mileage expenses for witnesses before United States courts. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1821 of title 28, United States Code, is amended to read as follows: "§1821. Per diem and mileage g e n e r a l l y; subsistence " (a)(1) Except as otherwise provided by law, a witness in attendance at any court of the United States, or before a United States Magistrate, or before any person authorized to take his deposition pursuant to any rule or order of a court of the United States, shall be paid the fees and allowances provided by this section. " (2) A s used in this section, the term 'court of the United States' includes, in addition to the courts listed in section 451 of this title, any court created by Act of Congress in a territory which is invested with any jurisdiction of a district court of the United States. " (b) A witness shall be paid an attendance fee of $30 per day for each day's attendance. A witness shall also be paid the attendance fee for the time necessarily occupied in going to and returning from the place of attendance at the beginning and end of such attendance or at any time during such attendance. " (c)(1) A witness who travels by common carrier shall be paid for the actual expenses of travel on the basis of the means of transportation reasonably utilized and the distance necessarily traveled to and from such witness's residence by the shortest practical route in going to and returning from the place of attendance. Such a witness shall utilize a common carrier at the most economical rate reasonably available. A receipt or other evidence of actual cost shall be furnished. " (2) A travel allowance equal to the mileage allowance which the Administrator of General Services has prescribed, pursuant to section 5704 of title 5, for official travel of employees of the Federal Government shall be paid to each witness who travels by privately owned vehicle. Computation of mileage under this paragraph shall be made on the basis of a uniformed table of distances adopted by the Administrator of General Services. " (3) Toll charges for toll roads, bridges, tunnels, and ferries, taxicab fares between places of lodging and carrier terminals, and p a r k i n g fees (upon presentation of a valid p a r k i n g receipt), shall be paid in full to a witness incurring such expenses. " (4) All normal travel expenses within and outside the judicial district shall be taxable as costs pursuant to section 1920 of this title. " (d)(1) A subsistence allowance shall be paid to a witness (other than a witness who is incarcerated) when an overnight stay is required at the place of attendance because such place is so far removed from the residence of such witness as to prohibit return thereto from day to day.

39-194 O—80—pt. 2

48: QL3

Oct. 27, 1978 [S. 2049]

U.S. Courts. Fees, per diem and mileage expenses for witnesses.

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