146.
Federal Government EmployeesExpenses for
Travel
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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]
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