An Act to amend title 5, United States Code, to revise, clarify, and extend the provisions relating to court leave for employees of the United States and the District of Columbia
PL 91-563 (H.R.12979), enacted 12/19/1970

1476 
PUBLIC LAW 91-563-DEC. 19, 1970 
[84 STAT. 
Public Law 91-563 
December 19, 1970 
^ ^ 
A C T 
[H. R. 12979] 
•j.f) amend title 5, United States Code, to revise, clarify, and extend the provisions 
relating to court leave for employees of the United States and the District of 
Columbia. 
U.S. and D.C. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled^ That (a) section 
^Tourne'ave. 
^^'^^2 of title 5, United States Code, is amended to read: 
80 Stat. 522. 
«g ^322. Lcavc for jury or witness service; official duty status for 
certain witness service 
82*stat''*75^7''^' 
' ('^^ "^^^ employee as defined by section 2105 of this title (except an 
individual whose pay is disbursed by the Secretary of the Senate or 
the Clerk of the House of Representatives) or an individual employed 
by the government of the District of Columbia is entitled to leave, 
without loss of, or reduction in, pay, leave to which he otherwise is 
entitled, credit for time or service, or performance of efficiency rating, 
during a period of absence w^ith respect to which he is summoned, in 
connection with a judicial proceeding, by a court or authority respon-
sible 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 pro- 
2!one, or the Trust Territory of the Pacific Islands. For the purpose of 
ceeding. 
^j^^^ subsectiou, 'judicial proceeding' means any action, suit, or other 
judicial proceeding, including any condemnation, preliminary, infor-
mational, or other proceeding of a judicial nature, but does not include 
an administrative proceeding. 
" (b) An employee as defined by section 2105 of this title (except an 
individual whose pay is disbursed by the Secretary of the Senate or 
the Clerk of the House of Representatives) or an individual employed 
by the government of the District of Columbia is performing official 
duty during the period with respect to which he is summoned, or 
assigned by his agency, to— 
"(1) testify or produce official records on belialf 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. 
"(c) The Civil Service Commission may prescribe regulations for 
the administration of this section." 
(b) Item 6322 in the analysis of chapter 63 of title 5, United States 
Code, is amended to read: 
"6322. Leave for jury or witness service; official duty status for certain witness 
service.". 
80 Stat. 478. 
gj,,.. 2. (a) Sectiou 5515 of title 5, United States Code, is amended 
to read: 
"§5515. Crediting amounts received for jury or witness service 
"An amount received by an employee as defined by section 2105 of 
this title (except an individual w^hose pay is disbursed by the Secre-
tary of the Senate or the Clerk of the House of Representatives) or an 
individual employed by the government of the District of Columbia 
for service as a juror or witness during a period for which he is entitled 
^"p^^- 
to leave under section 6322(a) of this title, or is performing official 
duty under section 6322(b) of this title, shall be credited against pay 
84 STAT. ] 
PUBLIC LAW 91-563-DEC. 19, 1970 
1477 
payable to him by the United States or the District of Columbia with 
respect to that period." 
(b) Item 5515 in the analysis of chapter 55 of title 5, United States 
Code, is amended to read: 
"5515. Crediting amounts received for jury or witness service.". 
SEC. 3. (a) Section 5537 of title 5, United States Code, is amended to 
so stat. 484. 
read: 
"§ 5537. Fees for jury and witness service 
"(a) An employee as defined by section 2105 of this title (except an 
so stat. 409; 
individual whose pay is disbursed by the Secretary of the Senate or the *^ ^'^*' 
Clerk of the House of Representatives) or an individual employed by 
the government of the District of Columbia may not receive fees for 
service— 
" (1) as a juror in a court of the United States or the District of 
Columbia; or 
" (2) as a witness on behalf of the United States or the District 
of Columbia. 
"(b) An official of a court of the United States or the District of 
Columbia may not receive witness fees for attendance before a court, 
commissioner, or magistrate where he is officiating. 
"(c) For the purpose of this section, 'court of the United States' has „ "5°"^^' °^ "^,'| 
the meaning given it by section 451 of title 28 and includes the United ""^"^"'"'-'- " 
States District Court for the District of the Canal Zone, the District 
Court of Guam, and the District Court of the Virgin Islands." 
(b) Item 5537 in the analysis of chapter 55 of title 5, United States 
Code, is amended to read: 
"5537. Fees for jury and witness service.". 
SEC. 4. (a) Chapter 57 of title 5, United States Code, is amended t^J^^^^'J^J 
by inserting at the end thereof the following new subchapter: 
' """ ""' 
United States. 
62 Stat. 907. 
5 use 5701-
5742. 
"SUBCHAPTER IV—MISCELLANEOUS PROVISIONS 
"§ 5751. Travel expenses of witnesses 
" (a) Under such regulations as the Attorney General may prescribe, 
an employee as defined by section 2105 of this title (except an indi-
vidual whose pay is disbursed by the Secretary of the Senate or the 
Clerk of the House of Representatives) summoned, or assigned by 
his agency, to testify or produce official records on behalf of the 
United States is entitled to travel expenses under subclia])ter I of this 
chapter. If the case involves the activity in connection with which he 
is employed, the travel expenses are paid from the appropriation 
otherwise available for travel expenses of the employee under proper 
certification by a certifying official of the agency concerned. If the 
case does not involve its activity, the employing agency may advance 
or pay the travel expenses of the employee, and later obtain reimburse-
ment from the agency properly chargeable with the travel expenses. 
"(b) An employee as defined by section 2105 of this title (except 
an individual whose pay is disbursed by the Secretary of the Senate 
or the Clerk of the House of Representatives) summoned, or assigned 
by his agency, to testify in his official capacity or produce official 
records, on behalf of a party other than the United States, is entitled 
to travel expenses under subchapter I of this chapter, except to the 
extent that travel expenses are paid t/) the employee for his appearance 
by the court, authority, or party which caused him to be summoned." 
(b) The analysis of chapter 57 of title 5, United States Code, is 
amended by inserting at the end thereof: 
1478 
PUBLIC LAW 91-563-DEC. 19, 1970 
[84 STAT. 
Repeal. 
62 Stat. 950. 
Definitions. 
62 Stat. 907. 
Pay. 
"Judicial pro-
ceedings." 
Official duty. 
Fees, prohibi-
tion. 
Pay, remittal. 
Travel expenses. 
•'Si'BOHAPTER IV—MISCELLANEOUS PROVISIONS 
'•57")!. Travel expenses of witnesses."'. 
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 sti'iking out item 1828. 
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 Rep-
resentatives; and 
(2) "court of the United States'' has the meaning given it by 
section 451 of title 28, Ignited States (^ode, and includes the United 
States District Court for the District of the (\nal Zone, the Dis-
trict Court of Guam, and the District Court of the Virgin Islands. 
(b) The pay of an employee shall not be reduced during a period 
of absence with respect to which the employee is summoned (and per-
mitted to respond to such summons by the appropriate authority of 
the House of the Congress disbursing his pay), 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 L'nited 
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 
Zone, or the Trust Territory of the Pacific Islands. For purposes of 
this subsection, "judicial proceeding'' means any action, suit, or other 
judicial proceeding, including any condemnation, preliminary, infor-
mational, or other proceeding of a judicial nature, but does not include 
an administrative proceeding. 
(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. 
(d) (1) An employee may not receive fees for service— 
(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. 
(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 
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 
zation. 
84 STAT. ] 
PUBLIC LAW 91-564-DEC. 19, 1970 
1479 
j'Xpeiises of such House in iU'eordjiiice Avitli travel regulations of that 
House. It' tlie <;ase does not involve such an activity, the department, 
agency, or independent establishment of the United States on whose 
l)ehalf he is so testifying or producing records shall pay to the 
employee his travel expenses out of appropriations otherwise available, 
and in accordance with regulation applicable, to that department, 
agency, or in(le[)endent establishment for the payment of travel 
expenses. 
('2) An emplovi'c snnnnoned (and permitted to resj^ond to such sum-
mons by tlie House of the Congress disbursing his pay), or assigned 
by such House, to testify in his official capacity or produce official 
records on behalf of a paity other than the Laiited States, is entitled 
to travel expenses, unless any travel expenses are paid to the employee 
for his appearance ly the court, authority, or party which caused him 
to be sunmioned, 
(f) The Committee on Rules and Administration of the Senate and 
Rules, authoH-
the Connnittee on House Administration of the House of Representa-
tives are authorized to prescribe, for employees of their respective 
Houses, such rules and regulations as may be necessary to carry out 
the provisions of this section. 
(g) Xo j^rovision of this section shall be construed to confer the 
consent of eithei* House of the Congress to the production of official 
records of that House or to testimony by an employee of that House 
concerning activities rehited to his employment. 
Approved December 19, 1970. 
Public Law 91-564 
AN A C T 
December 19,1970 
To authorize the Secretary of the Army to convey certain lands at Fort Ruger 
[s.4i87] 
Military Reservation, Hawaii, to the State of Hawaii in exchange for certain 
other lands. 
Be it enacted by the /Senate and Hou.se of Representatives 
of the 
United /States of America in Congress assembled^ That, notwithstand- 
P"""* ^^f^g^f^^^" 
ing any other provision of law, the Secretary of the Army, or his Hl^aiu 
designee, is hereby authorized to convey to the State of Hawaii, subject 
Land exchange. 
to the terms and conditions hereafter stated, and to such other terms 
and conditions as the Secretary of the Army, or his designee, shall 
deem to be in the public interest, all right, title, and interest of the 
United States in and to certain lands, with the improvements thereon, 
within the Fort Ruger Military Reservation, Hawaii, as described in 
section 3 of this Act. 
SEC. 2. In consideration for the conveyance by the United States 
Replacement 
of the aforesaid property, the State of Hawaii shall convey, or provide 
for the conveyance, to the United States of certain lands, described in 
section 3 of this Act, acceptable to the Secretary of the Army, or his 
designee, as replacement land for use as military family housing sites 
or other purposes in connection with the Fort Shafter-Tripler Army 
Hospital area, Oahu, Hawaii, and shall, at its sole expense, perform on 
this replacement land certain site preparations which will, m the opin-
ion of the Secretary of the Army, or his designee, equal in cost the 
dollar value difference between the appraised fair market value of the 
property being conveyed to the State and the appraised fair market 
value of the land being conveyed to the United States. The site prep-
aration shall be in accordance with plans and specifications to be 
approved by the Secretary of the Army, or his designee. 
SEC. 3. The lands authorized to be exchanged and referred to in 
Land descrip-
sections 1 and 2 of this Act are located on the island of Oahu, Hawaii, 
Site preparation. 
tion.