5 U.S.C. § 5537 — Fees for jury and witness service

Page 660 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5536 Subsection (a) was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579 (former 5 U.S.C. 171–1), which provides ‘‘Except to the extent in- consistent with the provisions of this Act [National Se- curity Act of 1947], the provisions of title IV of the Re- vised Statutes as now or hereafter amended shall be ap- plicable to the Department of Defense’’ is omitted from this title but is not repealed. In subsection (a), the words ‘‘regular office’’ are coex- tensive with and substituted for ‘‘proper office’’. In subsection (b), former sections 69 (1st 34 words) and 72 are combined and restated for clarity and concise- ness. The word ‘‘employee’’ is coextensive with and substituted for ‘‘officer or clerk’’, ‘‘officer or clerk in the same or any other department’’, and ‘‘person em- ployed in the service of the United States’’. The words ‘‘under any general or lump-sum appropriation’’ are omitted as unnecessary. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 5536. Extra pay for extra services prohibited An employee or a member of a uniformed serv- ice whose pay or allowance is fixed by statute or regulation may not receive additional pay or al- lowance for the disbursement of public money or for any other service or duty, unless specifically authorized by law and the appropriation there- for specifically states that it is for the addi- tional pay or allowance. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 484.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 51. R.S. § 170. .................. 5 U.S.C. 69 (less 1st 34 words). R.S. § 1764 (less 1st 34 words). .................. 5 U.S.C. 70. R.S. § 1765. .................. 5 U.S.C. 71. June 20, 1874, ch. 328, § 3, 18 Stat. 109. Sept. 3, 1954, ch. 1263, § 7, 68 Stat. 1228. Sections are consolidated as R.S. § 1765 includes the scope of R.S. § 170, R.S. § 1764, and the Act of June 20, 1874, as amended. So much of R.S. § 1764 as relates to de- tails is covered by section 5535. R.S. § 170 was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579 (former 5 U.S.C. 171–1), which provides ‘‘Except to the extent inconsistent with the provisions of this Act [National Security Act of 1947], the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense’’ is omitted from his [sic] title but is not repealed. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 5537. Fees for jury and witness service (a) An employee as defined by section 2105 of this title (except an individual whose pay is dis- bursed by the Secretary of the Senate, the Chief Administrative Officer of the House of Rep- resentatives, or the Chief of the Capitol Police) 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 wit- ness fees for attendance before a court, commis- sioner, or magistrate judge where he is offici- ating. (c) For the purpose of this section, ‘‘court of the United States’’ has the meaning given it by section 451 of title 28 and includes the District Court of Guam and the District Court of the Vir- gin Islands. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 484; Pub. L. 90–623, § 1(12), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 91–563, § 3(a), Dec. 19, 1970, 84 Stat. 1477; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 104–186, title II, § 215(8), Aug. 20, 1996, 110 Stat. 1746; Pub. L. 104–201, div. C, title XXXV, § 3548(a)(5), Sept. 23, 1996, 110 Stat. 2868; Pub. L. 111–145, § 7(c)(2), Mar. 4, 2010, 124 Stat. 55.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 30o. June 29, 1940, ch. 446, § 2, 54 Stat. 689. The words ‘‘fees for jury service’’ are coextensive with and substituted for ‘‘compensation for such serv- ice’’. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 2010—Subsec. (a). Pub. L. 111–145 substituted ‘‘, the Chief Administrative Officer of the House of Represent- atives, or the Chief of the Capitol Police’’ for ‘‘or the Chief Administrative Officer of the House of Represent- atives’’ in introductory provisions. 1996—Subsec. (a). Pub. L. 104–186 substituted ‘‘Chief Administrative Officer’’ for ‘‘Clerk’’ in introductory provisions. Subsec. (c). Pub. L. 104–201 substituted ‘‘the District Court of Guam and the District Court of the Virgin Is- lands’’ for ‘‘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’’. 1970—Pub. L. 91–563 substituted ‘‘jury and witness service’’ for ‘‘jury service in courts of the United States’’ in section catchline, designated existing provi- sions as subsec. (a), inserted provisions prohibiting pay- ment of fees for jury service in a court of the District of Columbia or for service as a witness on behalf of the United States or the District of Columbia and except- ing employees whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representa- tives, and added subsecs. (b) and (c). 1968—Pub. L. 90–623 inserted ‘‘, who is entitled to leave under section 6322 of this title,’’ after ‘‘individual employed by the government of the District of Colum- bia’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’ substituted for ‘‘mag- istrate’’ in subsec. (b) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–145 effective as though en- acted as part of section 1018 of Pub. L. 108–7, see section 7(d) of Pub. L. 111–145, set out as a note under section 2107 of this title. Page 661 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5541 EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title. § 5538. Nonreduction in pay while serving in the uniformed services or National Guard (a) An employee who is absent from a position of employment with the Federal Government in order to perform active duty in the uniformed services pursuant to a call or order to active duty under section 12304b of title 10 or a provi- sion of law referred to in section 101(a)(13)(B) of title 10 shall be entitled, while serving on active duty, to receive, for each pay period described in subsection (b), an amount equal to the amount by which— (1) the amount of basic pay which would oth- erwise have been payable to such employee for such pay period if such employee’s civilian employment with the Government had not been interrupted by that service, exceeds (if at all) (2) the amount of pay and allowances which (as determined under subsection (d))— (A) is payable to such employee for that service; and (B) is allocable to such pay period. (b) Amounts under this section shall be pay- able with respect to each pay period (which would otherwise apply if the employee’s civilian employment had not been interrupted)— (1) during which such employee is entitled to re-employment rights under chapter 43 of title 38 with respect to the position from which such employee is absent (as referred to in sub- section (a)); and (2) for which such employee does not other- wise receive basic pay (including by taking any annual, military, or other paid leave) to which such employee is entitled by virtue of such employee’s civilian employment with the Government. (c) Any amount payable under this section to an employee shall be paid— (1) by such employee’s employing agency; (2) from the appropriation or fund which would be used to pay the employee if such em- ployee were in a pay status; and (3) to the extent practicable, at the same time and in the same manner as would basic pay if such employee’s civilian employment had not been interrupted. (d) The Office of Personnel Management shall, in consultation with Secretary of Defense, pre- scribe any regulations necessary to carry out the preceding provisions of this section. (e)(1) The head of each agency referred to in section 2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of such agency. (2) The Administrator of the Federal Aviation Administration shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of that agency. (f) For purposes of this section— (1) the terms ‘‘employee’’, ‘‘Federal Govern- ment’’, and ‘‘uniformed services’’ have the same respective meanings as given those terms in section 4303 of title 38; (2) the term ‘‘employing agency’’, as used with respect to an employee entitled to any payments under this section, means the agen- cy or other entity of the Government (includ- ing an agency referred to in section 2302(a)(2)(C)(ii)) with respect to which such employee has reemployment rights under chapter 43 of title 38; and (3) the term ‘‘basic pay’’ includes any amount payable under section 5304. (Added Pub. L. 111–8, div. D, title VII, § 751(a), Mar. 11, 2009, 123 Stat. 693; amended Pub. L. 111–117, div. C, title VII, § 745(a), Dec. 16, 2009, 123 Stat. 3219; Pub. L. 115–232, div. A, title VI, § 605, Aug. 13, 2018, 132 Stat. 1795.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–232 inserted ‘‘section 12304b of title 10 or’’ after ‘‘under’’ in introductory pro- visions. 2009—Subsec. (b). Pub. L. 111–117 added subsec. (b) and struck out former subsec. (b), which read as follows: ‘‘(b)(1) Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee’s civilian employment had not been interrupted)— ‘‘(A) during which such employee is entitled to re- employment rights under chapter 43 of title 38 with respect to the position from which such employee is absent (as referred to in subsection (a)); and ‘‘(B) for which such employee does not otherwise re- ceive basic pay (including by taking any annual, military, or other paid leave) to which such employee is entitled by virtue of such employee’s civilian em- ployment with the Government. ‘‘(2) For purposes of this section, the period during which an employee is entitled to reemployment rights under chapter 43 of title 38— ‘‘(A) shall be determined disregarding the provi- sions of section 4312(d) of title 38; and ‘‘(B) shall include any period of time specified in section 4312(e) of title 38 within which an employee may report or apply for employment or reemploy- ment following completion of service on active duty to which called or ordered as described in subsection (a).’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111–117, div. C, title VII, § 745(b), Dec. 16, 2009, 123 Stat. 3219, provided that: ‘‘The amendments made by this section [amending this section] shall take effect on the first day of the first applicable pay period begin- ning on or after the date of the enactment of this Act [Dec. 16, 2009].’’ EFFECTIVE DATE Pub. L. 111–8, div. D, title VII, § 751(c), Mar. 11, 2009, 123 Stat. 695, provided that: ‘‘The amendments made by this section [enacting this section] shall apply with re- spect to pay periods (as described in section 5538(b) of title 5, United States Code, as amended by this section) beginning on or after the date of enactment of this Act [Mar. 11, 2009].’’ SUBCHAPTER V—PREMIUM PAY § 5541. Definitions For the purpose of this subchapter—