§ 456. — Traveling expenses of justices and judges; official duty stations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC456]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 21--GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES
Sec. 456. Traveling expenses of justices and judges; official
duty stations
(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.
(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, Sec. 215, Nov. 6, 1978, 92 Stat. 2661; Pub. L. 96-417, title V,
Sec. 501(11), Oct. 10, 1980, 94 Stat. 1742; Pub. L. 97-164, title I,
Sec. 115(a)(1), Apr. 2, 1982, 96 Stat. 30; Pub. L. 99-234, title I,
Sec. 107(d), Jan. 2, 1986, 99 Stat. 1759.)
Historical and Revision Notes
Based on section 1102(d) of title 26, U.S.C., 1940 ed., Internal
Revenue Code, and title 28, U.S.C., 1940 ed., Secs. 218, 270, 296, 296a,
302, 374, 449 (Mar. 3, 1911, ch. 231, Secs. 189, 259, 36 Stat. 1143,
1161, and Sec. 187(a) as added Oct. 10, 1940, ch. 843, Sec. 1, 54 Stat.
1101; and section 307 as added Aug. 7, 1939, ch. 501, Sec. 1, 53 Stat.
1224; Sept. 14, 1922, ch. 306, Sec. 2, 42 Stat. 838; Feb. 24, 1925, ch.
301, Sec. 2, 43 Stat. 965; May 29, 1928, ch. 852, Sec. 711, 45 Stat.
882; Mar. 2, 1929, ch. 488, Sec. 1, 45 Stat. 1475; June 23, 1930, ch.
573, Sec. 1, 46 Stat. 799; Feb. 10, 1939, ch. 2, Sec. 1102(d), 53 Stat.
159; Apr. 22, 1940, ch. 126, 54 Stat. 149; May 3, 1945, ch. 106, title
I, Sec. 1, 59 Stat. 127; May 21, 1945, ch. 129, title IV, 59 Stat. 197;
July 5, 1946, ch. 541, title IV, 60 Stat. 477).
Section 270 of title 28, U.S.C., 1940 ed., related to the Chief
Justice and each judge of the Court of Claims and provided for payment
of expenses on order of court.
Sections 296, 296a of title 28, U.S.C., 1940 ed., provided for
payment of such expenses of the Customs Court judges.
Section 302 of title 28, U.S.C., 1940 ed., provided for the payment
of expenses of a judge of the Court of Customs and Patent Appeals upon
his certificate. It contained no $10 limitation upon his daily
subsistence expense and in addition authorized the necessary expenses
for travel and attendance of one stenographic clerk who accompanied him.
This latter provision is the basis for section 834 of this title. Other
provisions of said section 302 of title 28, U.S.C., 1940 ed., are
incorporated in sections 214 and 452 of this title.
Section 374 of title 28, U.S.C., 1940 ed., related to circuit
justices, circuit judges and district judges, including district judges
in Alaska, Hawaii, and Puerto Rico. References to these territories is
omitted as unnecessary. Provision for Alaska judges is covered by
section 460 of this title, and section 114 of title 48, U.S.C., 1940
ed., Territories and Insular Possessions, as amended by a separate
section in the bill to enact this revision. Hawaii and Puerto Rico are
included as districts by sections 91 and 119 of this title, and judges
thereof are ``judges of the United States'' as defined in section 451 of
this title.
The inconsistent provision of said section 270 of title 28, U.S.C.,
1940 ed., with reference to payment on order of court was omitted to
permit payment to every judge on his certificate.
The $10 per day subsistence limitation applicable to all other
judges was extended to the judges of the Court of Customs and Patent
Appeals.
The provision of said section 270 of title 28, U.S.C., 1940 ed.,
relating to traveling expenses of commissioners and stenographers is
incorporated in sections 792 and 794 of this title.
The provisions of said section 296 of title 28, U.S.C., 940 ed.,
relating to organization of the Customs Court are the basis of sections
251, 252, 253, and 254 of this title. Other provisions of said section
296 are incorporated in sections 1581, 2071, 2639, and 2640 of this
title, and the retirement provisions of that section are covered by
sections 371 and 372 of this title.
The provision of section 296 of title 28, U.S.C., 1940 ed., expenses
of retired judges was made applicable to all judges.
The provision of section 218 of title 28, U.S.C., 1940 ed., for
payment of travel expenses of judges attending the Judicial Conference
of the United States was omitted as covered by the first paragraph of
the revised section.
The provision in section 218 of title 28, U.S.C., 1940 ed.,
requiring the marshal of the Supreme Court to pay the expenses of
attending the Judicial Conference of the United States is omitted as
covered in part by section 550 [see 571] of this title under which
United States marshals pay the travel allowances of circuit, district,
and certain other judges. The expenses of the Chief Justice of the
United States in attending such Conference were required also under said
section 218 to be paid by the Supreme Court marshal. Such requirement is
also omitted upon advice of the Director of the Administrative Office of
the United States Courts that the matter of payment is one of
administrative convenience. As to manner of payment of salaries to
active and retired Justices of the Supreme Court, see reviser's note
under section 550 [see 571] of this title.
Words ``justice or judge of the United States'' were used to
describe members of all courts. See definitive section 451 of this
title.
The remaining provisions of sections 218 of title 28, U.S.C., 1940
ed., relating to the Judicial Conference of the United States and 449 of
title 28, U.S.C., 1940 ed., relating to judicial conferences of
circuits, are incorporated in sections 331 and 333, respectively.
Said section 1102(d) of title 26, U.S.C., 1940 ed., related to
traveling and subsistence expenses of judges of The Tax Court of the
United States, successor to the Board of Tax Appeals.
Numerous changes were made in phraseology.
Senate Revision Amendments
Those provisions of this section which related to the Tax Court were
eliminated by Senate amendment, therefore section 1102(d) of title 26,
U.S.C., was not one of the sources of this section as finally enacted.
As finally enacted, part of act July 9, 1947, ch. 211, title IV, 61
Stat. 303, which was classified to title 28, U.S.C., 1946 ed.,
Sec. 296a, became one of the sources of this section and was accordingly
included in the schedule of repeals by Senate amendment. See 80th
Congress Senate Report No. 1559.
Amendments
1986--Subsec. (a). Pub. L. 99-234 substituted ``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'' for ``a per diem allowance for travel at the rate
which the Director establishes not to exceed the maximum per diem
allowance fixed by section 5702(a) of title 5, or in accordance with
regulations which the Director shall prescribe with the approval of the
Judicial Conference of the United States, reimbursement for his actual
and necessary expenses of subsistence not in excess of the maximum
amount fixed by section 5702 of title 5''.
1982--Pub. L. 97-164 inserted ``; official duty stations'' in
section catchline.
Subsec. (a). Pub. L. 97-164 designated existing undesignated first
par. as subsec. (a), substituted ``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) a per diem allowance for travel at the rate which the Director
establishes not to exceed the maximum per diem allowance fixed by
section 5702(a) of title 5, or in accordance with regulations which the
Director shall prescribe with the approval of the Judicial Conference of
the United States, reimbursement for his actual and necessary expenses
of subsistence not in excess of the maximum amount fixed by section 5702
of title 5'' for ``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 station, shall, upon his certificate, be paid by
the Director of the Administrative Office of the United States Courts
all necessary traveling expenses, and also a per diem allowance in lieu
of actual expenses of subsistence (as defined in the Travel Expense Act
of 1949, as amended, 63 Stat. 166; 5 U.S.C. 835) at the per diem rate
provided for by the Travel Expense Act of 1949, as amended, or, in
accordance with regulations prescribed by the Director of the
Administrative Office of the United States Courts with the approval of
the Judicial Conference of the United States, reimbursement for his
actual expenses of subsistence not in excess of the maximum amount fixed
by the Travel Expense Act of 1949, as amended'', and inserted ``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.''
Subsec. (b). Pub. L. 97-164 designated existing undesignated second
par. as subsec. (b), and in subsec. (b) as so designated, substituted
``official duty station'' for ``official station'', struck out
references to the judges of the Court of Claims and the Court of Customs
and Patent Appeals, and inserted reference to the judges of the United
States Court of Appeals for the Federal Circuit.
Subsec. (c). Pub. L. 97-164 designated existing undesignated third
par. as subsec. (c) and substituted ``official duty station'' for
``official station''.
Subsec. (d). Pub. L. 97-164 designated existing undesignated fourth
par. as subsec. (d) and substituted ``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'' for ``The official station
of each circuit and district judge, including each district judge in the
Territories and possessions, shall be that place where a district court
is regularly held and at or near which the judge performs a substantial
portion of his judicial work, which is nearest the place where he
maintains an actual abode in which he customarily lives''.
Subsecs. (e), (f). Pub. L. 97-164 added subsecs. (e) and (f).
Subsec. (g). Pub. L. 97-164 designated existing undesignated fifth
par. as subsec. (g) and substituted ``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'' for ``Each circuit judge and each district judge
whose official station is not fixed expressly in the second paragraph of
this section shall upon his appointment and from time to time thereafter
as his official station may change, notify the Director of the
Administrative Office of the United States Courts in writing of his
actual abode and his official station''.
1980--Pub. L. 96-417 redesignated the Customs Court as the Court of
International Trade.
1978--Pub. L. 95-598 directed the amendment of section by inserting
references to the United States Bankruptcy Court for the District of
Columbia and bankruptcy judges, which amendment did not become effective
pursuant to section 402(b) of Pub. L. 95-598, as amended, set out as an
Effective Date note preceding section 101 of Title 11, Bankruptcy.
1959--Pub. L. 86-138 authorized payment to justices and judges of a
per diem allowance or a maximum amount for actual expenses of
subsistence in place of reasonable maintenance expenses actually
incurred, not exceeding $15 per day.
1953--Act Aug. 8, 1953, increased limit of reimbursable maintenance
from $10 to $15 per day.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99-234 effective (1) on effective date of
regulations to be promulgated not later than 150 days after Jan. 2,
1986, or (2) 180 days after Jan. 2, 1986, whichever occurs first, see
section 301(a) of Pub. L. 99-234, set out as a note under section 5701
of Title 5, Government Organization and Employees.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
Report on Transportation Needs
Pub. L. 99-550, Sec. 3, Oct. 27, 1986, 100 Stat. 3070, directed
Director of Administrative Office of United States Courts, within one
year after Oct. 27, 1986, to prepare, in consultation with Marshal of
Supreme Court of United States, Clerk of United States Court of Military
Appeals, and Court Administrator of United States Tax Court, and
transmit to Congress, appropriate recommendations concerning
transportation needs of judicial branch and of courts established
pursuant to Article I of the Constitution.
Promulgation of Regulations by Director
Director to promulgate regulations effectuating increases in
reimbursement for expenses, see section 6 of Pub. L. 87-139, Aug. 14,
1961, 75 Stat. 340, set out as a note under section 604 of this title.
Section Referred to in Other Sections
This section is referred to in sections 175, 374, 460, 604 of this
title; title 5 section 5702; title 20 section 4502.
