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28 U.S.C. § 456Traveling expenses of justices and judges; official duty stations

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 527 words · no verdicts yet

in plain englishAI-generated · not legal advice

The federal courts' Administrative Office must pay judges' travel costs for official business away from their home court. For short trips, it pays set daily rates. For long assignments, it pays judges' actual expenses. This section also sets each type of judge's official home base.

(a) Travel and subsistence pay: The Director of the Administrative Office of the United States Courts must pay each justice or judge — and each retired justice or judge who is recalled or assigned back to active duty — for official travel away from their official duty station. For short trips (a continuous period under thirty calendar days), the Director pays two things: (1) all necessary transportation costs the judge certifies, and (2) subsistence payments at rates the Director sets. The Director sets those rates in regulations approved by the Judicial Conference, after considering rates set under section 5702 of title 5. For long assignments (an assignment under chapter 13 of this title lasting more than thirty continuous calendar days), the Director instead pays all necessary transportation costs plus the judge's actual and necessary subsistence expenses actually incurred — not just the standard rate — even though section 5702 of title 5 would otherwise apply. The Director sets rules for this too, approved by the Judicial Conference. (b) Duty station for top courts: The official duty station of the Chief Justice, the other Supreme Court Justices, and the judges of the D.C. Circuit, the Federal Circuit, and the U.S. District Court for the District of Columbia is Washington, D.C. (c) Duty station for the Court of International Trade: Judges of the U.S. Court of International Trade have New York City as their official duty station. (d) Duty station for district judges: A district judge's official duty station is the place where the district court holds regular sessions, near where the judge does most of their judicial work, and which is nearest to where the judge actually lives. (e) Duty station for circuit judges: A circuit judge's official duty station is the place where a circuit or district court holds regular sessions, or where the Director gives the judge chambers, near where the judge does most of their judicial work — whichever is nearest to where the judge actually lives. (f) Duty station for retired judges: A retired judge's official duty station follows section 374 of this title. (g) Notice requirement: Any circuit or district judge whose duty station isn't fixed directly by this section must tell the Director, in writing, their actual home and official duty station — first when appointed, and again whenever it changes.
the actual law source: uscode.house.gov ↗public domain
(a)

The Director of the Administrative Office of the United States Courts shall pay each justice or judge of the United States, and each retired justice or judge recalled or designated and assigned to active duty, while attending court or transacting official business at a place other than his official duty station for any continuous period of less than thirty calendar days (1) all necessary transportation expenses certified by the justice or judge; and (2) payments for subsistence expenses at rates or in amounts which the Director establishes, in accordance with regulations which the Director shall prescribe with the approval of the Judicial Conference of the United States and after considering the rates or amounts set by the Administrator of General Services and the President pursuant to section 5702 of title 5. The Director of the Administrative Office of the United States Courts shall also pay each justice or judge of the United States, and each retired justice or judge recalled or designated and assigned to active duty, while attending court or transacting official business under an assignment authorized under chapter 13 of this title which exceeds in duration a continuous period of thirty calendar days, all necessary transportation expenses and actual and necessary expenses of subsistence actually incurred, notwithstanding the provisions of section 5702 of title 5, in accordance with regulations which the Director shall prescribe with the approval of the Judicial Conference of the United States.

(b)

The official duty station of the Chief Justice of the United States, the Justices of the Supreme Court of the United States, and the judges of the United States Court of Appeals for the District of Columbia Circuit, the United States Court of Appeals for the Federal Circuit, and the United States District Court for the District of Columbia shall be the District of Columbia.

(c)

The official duty station of the judges of the United States Court of International Trade shall be New York City.

(d)

The official duty station of each district judge shall be that place where a district court holds regular sessions at or near which the judge performs a substantial portion of his judicial work, which is nearest the place where he maintains his actual abode in which he customarily lives.

(e)

The official duty station of a circuit judge shall be that place where a circuit or district court holds regular sessions at or near which the judge performs a substantial portion of his judicial work, or that place where the Director provides chambers to the judge where he performs a substantial portion of his judicial work, which is nearest the place where he maintains his actual abode in which he customarily lives.

(f)

The official duty station of a retired judge shall be established in accordance with section 374 of this title.

(g)

Each circuit or district judge whose official duty station is not fixed expressly by this section shall notify the Director of the Administrative Office of the United States Courts in writing of his actual abode and official duty station upon his appointment and from time to time thereafter as his official duty station may change.

Source credit: (June 25, 1948, ch. 646, 62 Stat. 908; Aug. 8, 1953, ch. 376, 67 Stat. 488; Pub. L. 86–138, Aug. 7, 1959, 73 Stat. 285; Pub. L. 95–598, title II, § 215, Nov. 6, 1978, 92 Stat. 2661; Pub. L. 96–417, title V, § 501(11), Oct. 10, 1980, 94 Stat. 1742; Pub. L. 97–164, title I, § 115(a)(1), Apr. 2, 1982, 96 Stat. 30; Pub. L. 99–234, title I, § 107(d), Jan. 2, 1986, 99 Stat. 1759.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 908
  • 1953Amended · Act of Aug. 8, 1953, ch. 376 · 67 Stat. 488
  • 1959Amended · Pub. L. 86-138 · 73 Stat. 285
  • 1978Amended · Pub. L. 95-598 · 92 Stat. 2661
  • 1980Amended · Pub. L. 96-417 · 94 Stat. 1742
  • 1982Amended · Pub. L. 97-164 · 96 Stat. 30
  • 1986Amended · Pub. L. 99-234 · 99 Stat. 1759

A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.

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