Any officer or employee of the United States or any agency thereof, summoned as a witness on behalf of the United States, shall be paid his/her necessary expenses incident to travel in accordance with the provisions of the Standardized Government Travel Regulations.
Expenses for appearing as a witness in any case involving the activity related to that person's employment , shall be payable from the appropriation otherwise available for travel expenses of such officer or employee. Proper certification by a certifying officer of the department or agency concerned is required. If the case does not involve the activity of the employing agency, the Department of Justice is chargeable with the travel expenses.
A Form OBD-16 must be submitted to the Special Authorizations to verify the agency billing for travel expenses when the witness is obtained directly from the employing agency. Specific guidance can be obtained by contacting the Special Authorizations.
The following federal officers or employees who testify on behalf of the United States in cases handled by U.S. Attorneys at times when they are not in a duty status, and thus receive no additional compensation for testifying, are entitled to the same fees, mileage, and allowances as regular witnesses under 28 U.S.C. Sec. 1821:
- Persons employed without compensation, except Selective Service personnel. See Selective Service Law Reporter (after 1972): Military Law Reporter.
- Temporary or substitute employees. See Comp.Gen. 748.
- Employees compensated wholly by fees.
- When-actually-employed persons, i.e., persons not employed on a regular basis.
Payment shall be made to federal employees in the above four categories from the Department of Justice witness's appropriation without regard to the nature of the witness's testimony.
[cited in USAM 3-19.421]