A bill to establish fees and allow per diem and mileage expenses for witnesses before U.S. courts.
PL 95-535 (S.2049), enacted 10/27/1978

PUBLIC LAW 95-535—OCT. 27, 1978 
92 STAT. 2033 
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 generally; subsistence 
"(a) (1) Except as otherwise provided by law, a witness in attend-
ance 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) As 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 trans-
portation 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 Govern-
ment 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 Admin-
istrator of General Services. 
"(3) Toll charges for toll roads, bridges, tunnels, and ferries, taxi-
cab fares between places of lodging and carrier terminals, and parking 
fees (upon presentation of a valid parking receipt), shall be paid in 
full to a witness incurring such expenses. 
"(4) All normal travel expenses within and outside the judicial dis-
trict 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. 
Oct. 27, 1978 
[S. 2049] 
U.S. Courts. 
Fees, per diem 
and mileage 
expenses for 
witnesses. 
39-194 O—80—pt. 2 
48 : QL3 
92 STAT. 2034 
PUBLIC LAW 95-535—OCT. 27, 1978 
" (2) A subsistence allowance for a witness shall be paid in an amount 
not to exceed the maximum per diem allowance prescribed by the 
Administrator of General Services, pursuant to section 5702(a) of 
title 5, for official travel in the area of attendance by employees of the 
Federal Government. 
"(3) A subsistence allowance for a witness attending in an area 
designated by the Administrator of General Services as a high-cost 
area shall be paid in an amount not to exceed the maximum actual 
subsistence allowance prescribed by the Administrator, pursuant to 
section 5702(c) (B) of title 5, for official travel in such area by 
employees of the Federal Government. 
" (4) When a witness is detained pursuant to section 3149 of title 18 
for want of security for his appearance, he shall be entitled for each 
day of detention when not in attendance at court, in addition to his 
subsistence, to the daily attendance fee provided by subsection (b) of 
this section. 
"(e) An alien who has been paroled into the United States for prose-
cution, pursuant to section 212(d) (5) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(d) (6)), or an alien who either has admitted 
belonging to a class of aliens who are deportable or has been deter-
mined pursuant to section 242(b) of such Act (8 U.S.C. 1252(b)) to 
be deportable, shall be ineligible to receive the fees or allowances pro-
vided by this section.". 
Effective date. 
SEC. 2. The amendments made by this Act shall take eflfect on Octo-
28 use 1821 
ber 1,1978, or on the date of enactment, whichever occurs later. 
note. 
Approved October 27, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1651 (Comm. on the Judiciary). 
SENATE REPORT No. 95-756 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, VoL 124 (1978): 
Apr. 27, considered and passed Senate. 
Oct. 12, considered and passed House, amended. 
Oct. 13, Senate concurred in House amendment.