Reading Room Document

Whether Public Law 91-563, Section §4(a) (5 U.S.C. §5751) authorized travel expenses for a United States Government employee summoned to testify before a state agency proceeding, and if so, whether the definition of "agency proceeding" in 28 C.F.R. §21.1(

The OLC in this memo advised that Public Law 91-563 §4(a) authorized travel expenses for a United States Government employee summoned to testify before a state agency proceeding, and that this authorization was not inconsistent with the definition of “agency proceeding” in 28 C.F.R. § 21.1(b)(3) as referring only to federal agency proceedings. Citing the legislative history of the travel expense provision, the OLC concluded that it was not limited to judicial proceedings but applied to any proceedings, including those before a state agency, where the official would be testifying in their official capacity. It finally noted that Public Law 91-563 §1(a) also authorized court leave for Government employees testifying on behalf of a party other than the U.S., but the authority expressly excluded administrative proceedings.

March 19, 1974