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5 U.S.C. § 304 — Subpenas
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The head of an Executive department or military department or bureau thereof in which a claim against the United States is pending may apply to a judge or clerk of a court of the United States to issue a subpena for a witness within the jurisdiction of the court to appear at a time and place stated in the subpena before an individual authorized to take depositions to be used in the courts of the United States, to give full and true answers to such written interrogatories and cross-interrogatories as may be submitted with the application, or to be orally examined and cross-examined on the subject of the claim.
**(b)** If a witness, after being served with a subpena, neglects or refuses to appear, or, appearing, refuses to testify, the judge of the district in which the subpena issued may proceed, on proper process, to enforce obedience to the subpena, or to punish for disobedience, in the same manner as a court of the United States may in case of process of subpena ad testificandum issued by the court.
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**(a)** The head of an Executive department or military department or bureau thereof in which a claim against the United States is pending may apply to a judge or clerk of a court of the United States to issue a subpena for a witness within the jurisdiction of the court to appear at a time and place stated in the subpena before an individual authorized to take depositions to be used in the courts of the United States, to give full and true answers to such written interrogatories and cross-interrogatories as may be submitted with the application, or to be orally examined and cross-examined on the subject of the claim.
**(b)** If a witness, after being served with a subpena, neglects or refuses to appear, or, appearing, refuses to testify, the judge of the district in which the subpena issued may proceed, on proper process, to enforce obedience to the subpena, or to punish for disobedience, in the same manner as a court of the United States may in case of process of subpena ad testificandum issued by the court.
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Federal law — U.S. Code and appendices · legal_authorities
The head of an executive department may require the opinion of the Attorney General on questions of law arising in the administration of his department.
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Federal law — U.S. Code and appendices · legal_authorities
Page 24
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 304
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
..................
5 U.S.C. 93.
R.S. § 183.
Mar. 2, 1901, ch. 809, § 3, 31
Stat. 951.
Feb. 13, 1911, ch. 43, 36 Stat.
898.
The word ‘‘employee’’ is substituted for ‘‘officer or
clerk’’ in view of the definition in section 2105. The
words ‘‘Executive department’’ are substituted for ‘‘de-
partments’’ as the definition of ‘‘department’’ applica-
ble to this section is coextensive with the definition of
‘‘Executive department’’ in section 101. So much as re-
lated to the Armed Forces is omitted as superseded by
section 636 of title 14 and section 936(b) of title 10.
This section was part of title IV of the Revised Stat-
utes. The Act of July 26, 1947, ch. 343, § 201(d), as added
Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579 (formerly 5 U.S.C.
171–1), which provides ‘‘Except to the extent incon-
sistent with the provisions of this Act [National Secu-
rity 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.
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
1976—Pub. L. 94–213 designated existing provisions as
subsec. (a) and added subsec. (b).
§ 304. Subpenas
(a) The head of an Executive department or
military department or bureau thereof in which
a claim against the United States is pending
may apply to a judge or clerk of a court of the
United States to issue a subpena for a witness
within the jurisdiction of the court to appear at
a time and
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